Article 1: Applicability
These terms and conditions apply to all orders that are placed with Stray Rider, Lda (the ‘Seller’) through the website www.maria-ridingcompany.com (the Maria Motorcycles and Maria Riding Company website, hereafter ‘Website’). Before placing your order, you (the ‘Buyer’) agree with these terms and conditions. You can download the terms and conditions from the Website and they will be send to the Buyer with the order confirmation and invoice. Seller has the right to change these general terms and conditions at any time.
Article 2: Offer
1. Goods offered on the Website have an accurate description suitably detailed to enable the Buyer to assess the goods adequately. Seller does his best to provide photographs that are truthful of the good.
2. It is possible that not all offered goods are immediately available, especially if they are custom-made for you. It is clearly stated on the Website which are the custom-made goods and what is the time before dispatch will be needed after payment of the order. With time before dispatch is meant: the time between the receiving of payment of the total order amount and the dispatch of the Order with the Parcel Service Company (see Article 5).
3. Seller does not guarantee this time before dispatch, but will however use its best endeavor to deliver the goods on time. In case the time before dispatch as stated on the Website cannot be met, a message will be sent to the Buyer. Seller will keep the Buyer regularly informed on the status of the Sales Order. Seller is under no circumstances liable for any delays between the moment of payment of the order and the moment of dispatch.
Article 3: Sales Contract
1. The contract becomes valid when the Buyer has submitted his Order and agreed with the terms and conditions .
2. Seller shall confirm the receipt of the Order via electronic means by sending an Order Confirmation.
3. As long as the receipt of said acceptance has not been confirmed, both the Buyer and the Seller may repudiate the contract.
4. Seller has taken appropriate technical and organizational security measures for the electronic data transfer and ensures a safe web environment.
5. Seller will, within the limits of Portuguese law, gather information about the Buyer’s ability to fulfill his payment obligations, as well as all facts and factors relevant to responsibly concluding the contract. If, acting on the results of this investigation, the Seller has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
6. The Order Confirmation will encompass the following information for the Buyer:
a. Buyer’s shipment address,
b. List of purchased goods and sales prices,
c. Applicable VAT rate, shipping fee and, derived from that, the total amount due,
d. The estimated time before dispatch,
e. The delivery method,
f. These terms and conditions.
7. Stray Rider, Lda complies with the legislation in force for the e-commerce transactions, namely the Portuguese Dec-lei 143/2001, Dec-lei 07/2004 as also other legal requirements applied to this business.
Article 4: Price
1. All prices are stated in Euro (€)
2. The prices of the goods will not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
3. All prices are stated on the Website are both including VAT and excluding VAT as Buyers from outside the EU are exempt from VAT payment in Portugal.
4. In addition to the price stated on the Website, the Buyer shall pay any charges by respect of any import and customs duty imposed by local government.
5. Obvious errors or mistakes in the offer are not binding for the seller.
Article 5: Payment and Shipment
1. Seller offers the possibility to pay with either bank transfer, PayPal or credit cards like MasterCard, American Express or Visa. Any other method of payment is subject to special request to the Seller. Seller accepts electronic payment methods, outsourced to a specialized Payment Service Provider and has observed all appropriate security measures.
2. Seller will only dispatch goods that are paid.
3. Seller ships all orders with a specialized Parcel Service Company. The Buyer receives an electronic confirmation of the dispatch of the purchased goods with a Track and Trace bar code as used on his parcel.
4. All shipments are insured and the Buyer will be refunded up to the total amount of the Sales Order in case the goods gets lost or damaged, only after the Parcel Service Company has confirmed a stated loss or damage.
5. Seller is under no circumstances liable for any delays between the moment of dispatch and delivery to the Buyer’s specified address by the specialized Parcel Service Provider.
6. In order to keep shipment fees as low as possible, if more goods are purchased at once, the longest individual time before shipment will be taken as the time before shipment for the complete Sales Order.
Article 6: Liability Limitations
1. Seller will at all times use its best endeavors to ensure the accuracy of any statements on the Website, in documents and/or in discussions prior to conclusion of any contract but will not in any circumstances be liable for any inaccuracy therein and cannot accept liability for any direct or indirect consequential or incidental damages or for any other losses caused therein.
2. Seller cannot be held liable for any tampering of goods, if this is the case through misuse or for complaints over damage or the use of the incorrect tools.
3. Insofar as there may be any liability on the Seller arising out of its performance or non-performance of the contract, such liability shall not exceed the price of the goods in respect of which the claim is made, whether such claim arises by reason of the default of the Seller or otherwise.
Article 7: No Good, Money Back Guarantee
When a good doesn't live up to the Buyer’s expectations, the Buyer can return the good in the original packaging, unused and in original form within 7 days after receiving the good(s). The buyer will be refunded for the amount the good was originally purchased for, so excluding the shipment fee that was applicable to the original Sales Order, when the goods are received in return by the Seller.
Article 8: Copyright
Seller reserves the right of ownership in all plans, designs, drawings, samples and specifications relating to the goods and such documents shall not be copied, reproduced, assigned, transferred or shown to third parties without the written consent of the Seller.
Article 9: Legal Interpretation
All contracts and these terms and conditions are governed by Portuguese Law. Any dispute arising out of or in connection with these contracts shall be determined by the Court in Lisbon Jurisdiction, Portugal.