SORIANO MOTORI Terms and Conditions for the Online Sale of GOODS AND SERVICES
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
AT THIS TIME, ALL ORDERS BEING TAKEN ARE “PRE-ORDERS” FOR GOODS AND SERVICES THAT ARE BEING DEVELOPED AND NOT YET READY TO BE DELIVERED.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. NO OFFERS ARE DEEMED MADE BY US WHERE IT IS ILLEGAL FOR US TO OFFER OUR PRODUCTS.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through the website at www.sorianomotori.com (the "Site"). These Terms are subject to change by SORIANO MOTORI CORP., a Delaware corporation having its principal place of business at 22 Jackson Place, Massapequa, NY 11758 (referred to as "us", "we" or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in a motorcycle configuration order (“Motorcycle Order”) that you fill out and transmit to us through the Site. All Motorcycle Orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any Motorcycle Orders in our sole discretion. Note that there are special provisions that apply for pre-order situations. After having received your Motorcycle Order and if we accept such Motorcycle Order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your Motorcycle Order and the formation of the contract of sale between we and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing us at email@example.com. We reserve the right to cancel any Motorcycle Order at any time if we believe that you have submitted a Motorcycle Order with a view towards resale of our product or has otherwise been made in bad faith. We may also cancel a Motorcycle Order if we discontinue a product after the time at which you have submitted a Motorcycle Order or we find out that due to legal, regulatory or licensing reasons, we can .
Prices and Payment Terms; Pre-Order; Additional Notices.
- We may be accepting Motorcycle Orders for products that are to be produced and sold in the future and such Motorcycle Orders will be treated as “pre-orders” and such Motorcycle Orders will also be referred to as “Pre-Orders.” All terms and conditions that apply to Motorcycle Orders shall also apply to Pre-Orders unless we explicitly state in these Terms that the subset of Motorcyle Orders that are Pre-Orders will have certain terms that apply only to Pre-Orders.
- All products and prices posted on this Site are subject to change without notice. Prices are posted based upon specific versions and options that can be purchased or pre-ordered.
- The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Prices listed for products that are the subject of a Pre-Order or in a corresponding order confirmation are our good faith estimates only and the final prices for pre-ordered products will be provided to you at a time closer to delivery of the product. For Pre-Orders, we require deposits that are applied towards the purchase price for products. Deposits that are indicated as non-refundable after a certain time period may be retained by us even if you elect to cancel your Pre-Order after such time period has elapsed. For Motorcyle Orders where you elect an option to pay all amounts up front, we may indicate that after a certain time period, such amounts may be retained by us even if you elect to cancel such Motorcycle Order.
- Posted prices do not include taxes or charges for shipping and handling. Posted prices may have discounts for upfront payment of amounts for products that are the subject of a Pre-Order. All such taxes and charges will be added to your merchandise total and will be itemized in your order confirmation email. Taxes are charged based upon our legal obligations and you acknowledge that tax rules may change form time to time affecting the amount we must charge you for taxes.
- For any Motorcycle Order that we cancel only because we determine that we cannot legally fulfill delivery of products under such Motorcycle Order or delivery would be commercially impractical, we will refund all amounts that you have already paid us under such Motorcycle Order.
- When you submit a Motorcycle Order, you are required to provide an email for us to use to contact you (“Contact Email”). You acknowledge that we may provide you important legal or product related information through Contact Email and you are solely responsible for regularly monitoring whether any messages are sent by us to you via Contact Email. You further acknowledge that any notices we are legally required to provide you regarding our products may be delivered to you via Contact Email.
Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products you purchase to you or indicate how products may be picked up by you. Please check the individual product page for specific delivery or pick up options. You acknowledge that products will not be shipped to certain customers depending upon the location of the customer and that you may be required to receive your product by picking up the product yourself at a designated location. If we indicate in a confirmation email that we will ship you a product and we cannot ship the product due to licensing or regulatory compliance reasons, we will notify you as soon as reasonably possible as to how you can pick up the product. You will pay all shipping and handling charges specified during the ordering process.
- The delivery date or date upon which products will be available will be indicated in your order confirmation email.
- (Title and risk of loss pass to you upon our transfer of the products to the carrier for products that are shipped. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of shipment or pickup (as applicable) and provided such products are returned in their original condition. To return products, you must email our Returns Department at returns@__________ to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Refunds are processed within approximately seven business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.
THIS LIMITED WARRANTY ALONG WITH ANY SUPPLEMENTAL WARRANTY TERMS CAN ALSO BE FOUND AT WWW.SORIANOMOTORI.EU/WARRANTY (“WARRANTY URL”) AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS. YOU ACKNOWLEDGE THAT THE MOST UP TO DATE VERSION OF THE WARRANTY FOR OUR PRODUCTS IS FOUND AT WARRANTY URL AND ANY VERSION OF THE WARRANTY THAT IS POSTED ON WARRANTY URL PRIOR TO DELIVERY OF OR YOUR PICK UP OF PRODUCTS WILL CONTROL TO THE EXTENT SUCH WARRANTY CONTAINS TERMS THAT SUPPLEMENT OR CONFLICT WITH THE WARRANTY CONTAINED IN THESE TERMS.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP/DESCRIPTION OF ANY OTHER WARRANTY TERMS.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR REMEDY FOR ANY BREACH OF WARRANTY IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:(i) transportation; (ii) storage; (iii) improper use; (iv) failure to follow the product instructions or to perform any preventive maintenance; (v) modifications; (vi) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us; (vii) unauthorized repair; (viii) normal wear and tear; or (ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for one year (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either:(i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i)] repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.
How Do You Obtain Warranty Service?
To obtain warranty service, you must email our Customer Service Department at firstname.lastname@example.org during the Warranty Period to inform us of your warranty service request and to coordinate how we will obtain access to your product in order to provide warranty servicing.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in 710 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
- Who May Use This Warranty?
- Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, COVID 19 related or caused diseases or pandemics, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
Dispute Resolution and Binding Arbitration.
- YOU AND WE ARE BOTH AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this 710. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase by mailing us at the address provided below in the notices section. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 811 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of us.
- No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to us at SORIANO MOTORI CORP, ATTN: NOTICES, 22 Jackson Place, Massapequa, NY 11758. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.