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Standard terms
and conditions of sale
1. Basic
provisions
(a) The following Standard Terms and Conditions of Sale (STCS) apply to
all contracts that, as seller through Motiva Network concluded through the web
site www.motiva-windowfilms.com, unless the parties have agreed otherwise in
writing. Deviations or contradictory terms and conditions will be applicable
only after our express consent.
(b) We will offer our goods only for sale if you are a legal entity,
legal private company, which, at the conclusion of a legal transaction, carries
out its commercial or independent activity, named ”the customer” in the
contract. The conclusion of a sale contract with consumers (individuals) is
excluded.
(c) Registration is done by filling in the details requested in the form
on the Registration menu on the main page. Creating an account on the site
requires the verification of a registration certificate of your company and
then its validation. By registering on the site, the Customer declares that
he/she has become familiar with and has accepted the current STCS and Privacy
Policy available on the site and accepts the use of personal data in accordance
with the Privacy Policy.
2. Conclusion
of the contract
(a) The object of the contract is the sale of products. The basic
characteristics of the goods can be found on the product page on the website.
If the information provided on the site is not sufficient, then you can contact
us using the contact details on the website. Sample of products are offered
free of charge, excluding delivery costs. The seller reserves the right to
change the prices of the available products, provided that the modification
enters into force at the same time as it is published on the website. The
change will not affect the prices of the products already ordered. The images
are provided for informational purposes only.
(b) On the product page you will find the price offer as well as the
purchase options, only after your registration and authentication on the site.
(c) The purchase contract takes place through the online shopping cart
system, as follows:
- the products
intended for purchase are moved to the "Shopping cart"
- you can select
your shopping cart using the appropriate buttons on the navigation bar and you
can make changes there at any time
- after you go at
the "Checkout" page and enter the required data and payment and
shipping conditions, all your order information will be displayed again on the
order summary page
- you can check,
modify or cancel your order before submitting it
- by clicking on the appropriate button to
submit the order, you declare the acceptance of the order in a legally binding
manner
- the payment
method accepted is the payment in advance by bank transfer
- after the confirmation of the availability in the stock of the products ordered, the estimation of the delivery costs according to the address, as well as the issue of the pro forma invoice according to the data provided at the registration, with or without VAT, you will receive a final confirmation e-mail on your e-mail address. Products that are not in stock and for which you have placed an external pre-order, it is necessary to confirm from us, the availability of stock at the supplier.
(d) Special offers, cost discounts and other promotional campaigns will
be transmitted electronically on the website or by e-mail; consequently, you
must ensure that the email address you have registered with us is the correct one
and that the receipt of those emails is guaranteed, in particular you must
ensure that those emails are not blocked by a SPAM filter.
3. Prices,
payment terms and shipping costs
(a) The prices displayed on the site are net prices. These do not
include legal VAT. If the customer is not paying VAT, then 19% VAT will be
added to the prices displayed on the site.
(b) Shipping costs are not included in the purchase price; they are
recorded separately, unless the delivery is promised as free. You can find more
details under an appropriate button designated on our website or in the
relevant offer here.
(c) Payment options are displayed using an appropriate button designated
on our website or in the relevant offer. If no other payment period is
indicated on the invoice or in the case of individual types of payment, the
payment amounts from the signed contract are immediately due for payment. The
accepted payment method is bank transfer.
4. Delivery terms
(a) Probable delivery date and estimated costs are mentioned on the
site, in the order process. A list of transit times and related costs depending
on the Buyer's country can be found here.
Dates and deadlines are indicative and are not mandatory for the Seller, unless
otherwise agreed in writing. Any exceedance of this date or the deadline may in
no case lead to a fine, damage or cancellation of the order.
(b) Deliveries are made by shipping
companies, deliveries being Ex Works Euskirschen Deutschland, unless otherwise
agreed. Any shipping or delivery is at the Buyer's expense and risk. If you
wish, the goods will be shipped with adequate transport insurance and the costs
will be borne by you. The Seller reserves the right to make partial deliveries,
orders or executions and to issue the corresponding partial invoices.
(c) With the method of advance payment by transfer, the shipment of the
goods takes place only after receiving the full purchase price and the shipping
costs.
(d) If a product ordered by you is not available, contrary to
confirmations, despite the timely completion of the transaction / order, for
reasons we are not responsible, you will be informed without delay about its
availability and in case of withdrawal of the order, the payments already made
by you will be refunded immediately.
5. Warranties
(a) The warranty period will last one year from the delivery of the
goods.
- we accept no liability for defects and damages due to improper use,
failure to comply with the instructions for use, or to the intentional or
negligent mistreatment, as well as improper installation and deterioration
caused by external influences. This also includes improper cleaning of window
films.
- it is recommended to avoid dust exposure of the window films during
installation. The appearance of dust or dirt particles between the film and the
glass is due solely to the installation conditions and cannot be considered
defects covered by the warranty. Therefore, product performance and quality of
life are not affected.
- no liability for damages after installing the sheets is assumed. This
is valid especially for breaking the glass. Explicitly, any additional costs of
any kind incurred to us are excluded. The technical information regarding the
optical and energetic performances of the products are those offered
exclusively by the manufacturer, are informative and are not mandatory. The
installation instructions must be followed and explicitly observed. If
necessary, consult the Motiva Network team
before installation.
(b) The provisions of Article 377 HGB will not be affected by the
traders. The customer must check the goods immediately, but no later than 7
days after receipt for accuracy, integrity and completeness. Complaints must be
made in writing to office@motiva-windowfilms.com. If no complaint is made
within 7 working days, the goods are considered to be accepted in accordance
with the contract, unless the error has not been notified even with care and
diligence.
(c) As regards to the quality of
the goods, it is considered that only our own information and description of
the product of the manufacturer have been agreed, and not other publications,
public promotions and declarations made by third parties.
A product is considered defective if it does not comply with the quality
standards valid at the time of sale, namely optical defects, non-uniform
adhesive or it’s absent.
(d) In case of defects proven by measurements, photographs or other
legally accepted means, the options are the following: a discount of the price
proportional to the value of the defective goods or a replacement at our
discretion.
(e) The warranty offered by the producer refers to the following
elements: adhesive defects, demetallization, delamination of the component
layers of the film, exfoliation, the change of the initial colour in a very
short time and the cracking of the clearcoat of the windows films.
(f) The warrantees are:
- 10 years – Global HPC / Silver / Solar Bronze / Pleolit SP75, Pleolit Ultra LE75, / Pleolit WG70 / Safety & Security Clear Interior /
Decorative & Privacy Interior
- 10 years - Exterior TOP Films: Pleolit OS75, Argentum OS, 10 years
from the date of original installation in case of VERTICAL INSTALLATIONS;
7 years from the date of original
installation in case of HORIZONTAL/OBLIQUE INSTALLATIONS with edge sealing and 7 years
in VERTICAL INSTALLATIONS and 5 years for HORIZONTAL/OBLIQUE
INSTALLATIONS WITH NO SEAL.
- 7 years – Global QDP/ NR Premium / STD Silver / Colour Silver / Low-E
Silver
- 5 years - Exterior Silver* in case of VERTICAL INSTALLATIONS; 3 years
from the date of original installation in case of HORIZONTAL/OBLIQUE
INSTALLATIONS.
- 3 years – Exterior Colour* in case of VERTICAL INSTALLATIONS; 2 years
from the date of original installation in case of HORIZONTAL/OBLIQUE
INSTALLATIONS.
- 3 years – Classic /Onyx Series
*The Exterior Films require to seal the edges with a neutral silicone
(free of acetic acid), this is a mandatory condition for granting the warranty.
This warranty does not cover problems due to poor or faulty
installation.
This warranty does not cover change in colour or fading, defined as the
film gradually becoming lighter, or installation that violate vehicle tinting
laws, or any problems due to poor or faulty installation.
Warranty Claims
All defective film warranty claim requests submitted to Motiva Network must
include the invoice data and number, product description, roll number(s),
defective film sample(s) or sample roll(s), a detailed description of the
defect(s), and the quantity (expressed in linear meters or number of rolls) of
film being claimed. We will evaluate samples of the film claimed and after
complete evaluation of claimed samples, Motiva Network will either confirm the
valid or deny the non-valid claim. Upon request, in case of a valid claim, the
customer may be required to return all defective materials to Motiva Network.
(g) The warrantees for paint protection films (PPF) cover visible
optical defects, lack of adhesive or other surface defects. The durability
estimated by the manufacturer is 3 to 7 years for Stone Protect Series.
(h) The warrantees are valid only in case of correct installation and in
compliance with the maintenance and operation conditions specified on the
product page.
6. The right
of retention, the retention of the right of property
(a) The goods remain our property
until the full settlement of all receivables from the ongoing business
relationship. Pledging or entrusting the goods as warranty before the transfer
of ownership of the reserved goods is not allowed.
7. Cancellation
policy and right of withdrawal
Consumers have the right to withdraw as long as the consumer is any
individual that concludes a legal transaction for purposes that are neither
predominantly commercial, nor independent. Products and services on this web
site are available only if you are a legal entity, a legal private company
which, at the conclusion of a legal transaction, carries out its commercial or
independent activity, named ”the customer” in the contract. However, you can
withdraw from the contract before shipping the products ordered or in other
cases established by mutual agreement.
8. Copyright
(a) The web site is protected by copyright. The seller is entitled to
use the entire content and services available through the use of the web site.
The copyright and intellectual property rights, including all the graphic and
other materials, layout and editing of the site, solutions and ideas used in
the creation of the web site cannot be used without our written consent.
(b) Motiva Window Films® is a registered trademark of Motiva Network SRL/UG,
Global Window Films® is a registered trademark of Garware Polyester Ltd, Umiscreen® and Pleolit® are registered trade mark of M.A.M. Group.
(c) Images and other visual elements are the property of Motiva Network , its
trade partners or taken over with usage rights from ShutterStock website.
9. Applicable
law and jurisdiction
For all legal relationships between the parties, the law of Romania applies, except for the laws regarding the international
acquisition of goods. The exclusive place of jurisdiction for all disputes
arising from this contract is the place of the seller. If the customer is
located outside the Romania, the place of
activity of the seller is also the exclusive place of jurisdiction for all
disputes arising from this contract. However, in the above cases, the seller
has the right, in any case, to go to court at the customer's place of business.
10. Informations for the customers
(a) Seller’s identity:
Motiva Network SRL, Soseaua Dudesti-Pantelimon, 19, Sector 3, Bucuresti, 033091, Romania, e-mail: contact@motiva.ro, telefon: +40770960732, Cod Fiscal RO31843241, Unicredit Bank.
(b) Information regarding the conclusion of the contract, the technical
steps for the formation of the contract and the conclusion of the contract,
shall be performed according to the provisions of paragraph 2 of our General
Terms and Conditions.
(c) The official language of the website and the contract is romanian. The
other languages are intended to improve the experience on our site and
we are not responsible for translation errors or other omissions.
(d) Before sending the order or request, the contract information can be
printed using the print function in the browser or saved electronically.