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TERMS & CONDITIONS

1. About the Terms & Conditions

1.1
These terms and conditions ("Terms & Conditions") apply to all purchases made by you as a consumer from www.xlmoto.ie and related websites (the "Website"). You accept the Terms & Conditions when you make a purchase on the Website.

1.2
The Agreement is entered into with:
Pierce AB (XLMOTO) ("Pierce", "us" or "we")
Company registration number 556763-1592
Address Elektravagen 22, 126 30 Hagersten, Sweden
Companies register: Bolagsverket/Swedish Companies Registration Office
VAT Number: OSS VAT NO SE556763159201

1.3
You can contact our customer service on info@xlmoto.ie.

2. Orders

We only sell to customers acting in their capacity as private individuals (consumers). In order to make a purchase, you need to have the right to enter a contract under the applicable law. This means that you need to be at least 16 years old to buy with direct payment or at least 18 years old to buy on credit.

3. Order and delivery confirmation

3.1
Once you have completed your purchase, you will receive an automatic acknowledgement email ("Thank you for your order"), confirming that we have received your order. This automatic acknowledgement does not imply that a binding contract has been concluded.

3.2
A binding contract is only concluded when the order is packed and we send a final order delivery confirmation to the email address you submitted when you placed the order ("Your order is packed").

3.3
Before you receive the final delivery confirmation, your order may be refused in part or in whole on grounds of stock discrepancies, in accordance with our Fair Practice Policy, if you have provided incorrect information to us at the checkout or if we suspect attempted fraud. In such cases, we will notify you as soon as we can.

4. Prices and information

4.1
When ordering, the prices listed on the Website at the time of the order apply. All prices include applicable VAT but do not include any payment and freight charges, which are stated separately.

4.2
We take great care to quote correct prices, but if we nevertheless happen to quote an incorrect price for a product or if the information about a product listed on the Website is incorrect, we will contact you as soon as possible with the correct price. Before a delivery confirmation has been sent, no binding contract has been concluded and we are free to correct our prices.

4.3
If the price or information for a product listed on the Website is incorrect and you realised or should have realised this, the price or information will not apply to the purchase even if you have received a delivery confirmation. In such cases, we will contact you as soon as possible.

4.4
Images on the Website showing the product are for illustration only and the actual product may differ slightly due to different production batches, different bike models etc. Also, we cannot guarantee that all images on the Website will reflect the exact appearance for example due to colour rendering by the computer/phone screen.

5. Payment

5.1
We offer different payment options, and you can choose which payment option you want to use. The possible payment options you can choose from are always shown in the checkout on the Website and when you place your order. Depending on which option you choose, if there are any additional costs, this will be displayed in the checkout.

5.2
You will find full information on all payment options and possible additional costs here

5.3
When you make a purchase from us, you will enter into a separate payment agreement with our payment service provider.

6. Freight and delivery

Delivery options

6.1
We offer different delivery options depending on destination and products purchased. The delivery options we offer are always shown in the checkout on the Website. We offer home delivery depending on where you live.

6.2
In order to facilitate the delivery for you as a customer and to minimize the environmental impact, we always try to deliver your products in one single delivery.

6.3
If your order contains several products, and one or more of the products are not in stock with us or have a longer delivery time, we may send the products in several deliveries to you at no extra cost.

6.4
These terms and conditions of purchase apply to delivery within Ireland. Please note that we do not deliver to Northern Ireland.

6.5
You can find full details of our delivery options here

Freight cost

6.6
Depending on the products you purchase, the shipping option you choose and the total amount of your order, freight charges may apply. The freight cost is always shown at checkout when you make your purchase.

6.7
If you purchase bulky items such as loading ramps or tents, a shipping charge will apply to these products. Bulky products are always labelled on the Website.

6.8
You can find full information on shipping options and shipping costs here

Delivery time

6.9
The estimated expected delivery date is available in the Checkout on the Website and in your automatic acknowledgement and may differ depending on the products and delivery option you choose. We will always aim to deliver your order within the estimated delivery time, but we cannot guarantee this.

Not picked up parcels

6.10
You are responsible for receiving your delivery in accordance with the instructions given to you at the time of ordering.

6.11
Parcels at pick up points that are not collected within the time specified on the notice will be returned to us. If you have chosen home delivery and do not follow the instructions for receipt, for example, you are not at home to receive your delivery, the parcel will be returned to us.

6.12
In these cases, we have the right to charge an administrative fee equal to our handling and shipping costs.

7. Right to cancel and return

7.1
You have the right to cancel your purchase within 14 days from the day that you, or a person on your behalf, receive the product that you have purchased on the Website.

7.2
In addition to this, we give you 46 extra days right to return, i.e. a total of 60 days. The right to return only applies to unused products in new condition, in their original packaging and with all labels still attached.

Exception for some products

7.3
For some products, the right to cancel or return does not apply. This applies to products that have been manufactured according to your instructions (print, or measurements for your motorcycle) or have otherwise been given a clear personal touch. All products under the heading 'Personalised' on the Website are excluded from the right to cancel and return. Exhaust systems manufactured for your motorcycle are also not subject to the right to cancel or return. This also applies to products that can quickly deteriorate or become obsolete, such as drinks and edible products. Products with broken seals that cannot be returned for health or hygiene reasons and that have been broken by you as a customer are also excluded from the right to cancel and return. If the right to cancel or right to return does not apply, it will be stated in connection with the product.

Depreciation of used products

7.4
When exercising your statutory right to cancel, you have the right to open the packaging and examine the product to the extent necessary to assess its nature, characteristics and functioning. You have the right to cancel your purchase for a full refund if you register your return or contact us within 14 days from the day you received the product and return the product in original condition.

7.5
If you handle the product to a greater extent than is necessary to determine its character, properties and function, we are entitled to make a depreciation. Such deduction is made by comparing the value of the product on return with the original value at the time of purchase. To obtain a full refund, we therefore recommend that you return the product in its original condition.

How to cancel your purchase/right to return

7.6
If you wish to cancel your purchase, you must register your return or notify us within 14 days of the day on which you, or a person acting on your behalf, receives or collects your order.

7.7
You can easily register your return by using our returns portal which you can find on our website here and return the product as instructed there.

You can also use this right to cancel form which you can find here

7.8
After you have notified us that you want to return your purchase, you need to send or return the product within 14 days from the day you, or a person on your behalf, receives or collects your order. We recommend that you return the product in the same packaging in which you received it as you will be responsible for any damage or loss during the return shipping if the damage or loss was caused by your negligence, for example in packaging the product.

7.9
If, after the expiry of the right to cancel or return, you wish to take advantage of the 46 additional days of right to return, you follow the same procedures as for the right to cancel. However, please note the requirements for new condition, original packaging and labels as set out in 7.2.

7.10
Our return address is PDC Logistics, Kablowa 1, 70-895 Szczecin-Zalom, Polen.

Return freight

7.11
You are responsible for paying for the return freight. If you choose to return via us, the cost for return shipping will be deducted from your refund. You can find information about our return freight costs here

Refund

7.12
Once you have returned your purchase, we will, through our payment service provider, make your refund within 14 days. However, we will not make the refund until we have received the product back or until you have shown that you have sent it to us. Please remember that you are responsible for any damage or loss during return shipping that is caused by your negligence.

7.13
In the case of a return of an entire order, the refund will include any shipping cost (for shipping to you) that you paid at the time of purchase. However, this only applies to the cost of standard freight. Additional shipping costs resulting from you choosing a more expensive shipping option will not be refunded.

7.14
If you return part of an order, the freight will not be refunded.

7.15
The refund will be made with the same payment method as you chose at the time of purchase, unless we agree otherwise.

8. Warranty claims

8.1
If your product is defective, you have the right to claim this in accordance with the mandatory consumer protection legislation in force in the country where you reside. You have the right to complain about any original defect in the product that occurs within six years of delivery of the product (the liability period). You always need to make a complaint within a reasonable time after you should have noticed the defect. Your right to complain ends after the six-year liability period has passed.

8.2
If you wish to claim a product, please contact our customer service on info@xlmoto.ie.

8.3
Once the claimed product has been evaluated and we have determined that the claim is valid, we will reimburse you in accordance with applicable law. This means that the fault will be rectified, or we will replace the faulty product with a new one. If neither of these options is possible, you will instead be entitled to claim a price reduction corresponding to the defect or to cancel the purchase in accordance with the applicable law.

8.4
Please note that we have the right to refuse a complaint if it turns out that the product is not defective according to applicable law.

8.5
In the event that we need the product in return, our return address is: PDC Logistics, Kablowa 1, 70-895 Szczecin-Zalom, Polen.

9. Offers

9.1
We may from time to time offer promotions, discount codes, gifts and other offers (collectively referred to as "Offers" below). Such offers are valid only for the period of time and subject to the terms and conditions set forth in connection with such offer. The promotion time period cannot be extended and in case of the stock being sold out during the promotion time period, we will not offer similar replacement products instead of the promotion products. Offers may not be combined with any other discounts or offers - unless expressly stated at the time of your purchase.

9.2
In many cases, you may be actively required to enter any code or otherwise activate the relevant offer yourself before completing your purchase in order to take advantage of the offer.

9.3
If you partly return ordered products, you may no longer qualify for the offer. This may result in you having to return or pay for any gift or no longer being able to receive a particular discount. If, due to a completed return, you no longer qualify for the gift in question and do not return the gift, we will deduct the value from the gift before making your refund. Alternatively, if you do not qualify for a particular discount, it will be deducted from your refund.

10. Fair Practice Policy

10.1
In order to shop with us, this is required:

  • you do not attempt to defraud or otherwise act with intent to violate any applicable laws;
  • you do not attempt to mislead us as to your identity or falsely represent yourself as a consumer in order to shop with us;
  • you do not exert undue pressure or intimidate our staff when dealing with our customer service team;
  • you have an intention to keep the products you order. This does not prevent you from subsequently changing your mind. You are always entitled to your statutory right to cancel and right to return under our Terms and Conditions of Purchase.

10.2
Behaviours that are considered to be in breach of this Fair Practice Policy include but are not limited to:

  • fraudulent attempts in connection with returns, such as the replacement/falsification of labels and price tags and false claims of lost products,
  • falsely claiming to be a consumer in order to shop with us but then, for example, marketing or reselling the products in the course of a business,
  • buying products to photograph them in the course of a business and then falsely returning the products, citing a right to cancel or right to return that applies only to consumers,
  • attempting to unduly influence or threaten our staff to obtain an extended right of return compared to our terms of sale or mandatory law; and
  • highly abnormal purchase and return behaviour which shows that the customer had no previous intention of keeping the products ordered.

10.3
Our assessment of whether you are in breach of our Fair Practice Policy is based on a number of different factors such as systematic deviant behaviour, order composition, order frequency, return frequency, and attempted circumvention with false identity.

10.4
If your order is refused, you will be informed by an email sent to the email address you provided when placing your order. Once we have notified you that we have refused your order, the decision will apply to you regardless of your profile or email address. It is not permitted to attempt to circumvent this decision in any way, for example by trading under someone else's name, as such misleading is in itself a breach of the Fair Practice Policy.

10.5
Our Fair Practice Policy does not prevent you from exercising your statutory right to cancel or right to return once you have made a binding purchase from us. However, our Fair Practice Policy may, in specific cases, prevent you from entering into a new contract with us.

11. Our obligations

11.1
If there is any defect in your product or if delivery is delayed, we will be liable for any damages you suffer as a result of the defect or delay, in accordance with mandatory consumer protection legislation. However, we will only be liable for damages to the extent that you have taken reasonable steps to limit your loss. We are therefore not liable for damage that you could have avoided by taking reasonable measures.

11.2
We are not liable for damage caused by unforeseen circumstances beyond our control, such as war, strikes, pandemics or natural disasters, which we could not reasonably have foreseen (Force Majeure). If we are prevented from fulfilling our obligations under the contract or these Terms and Conditions of Purchase due to Force Majeure, you have the right to withdraw from the contract in accordance with mandatory consumer law.

12. About these Terms & Conditions

12.1
We may change these Terms & Conditions, but the Terms that you agreed to at the time of your purchase will always apply to that purchase. Any changes will be reflected in the latest published version of the Terms of Purchase on the Website. Changes will take effect from the time you have accepted the Terms & Conditions, i.e. when you make a new purchase on the Website.

12.2
It is important for us to respect your rights as a consumer. As we are a company based in Sweden, these Terms of Purchase shall be interpreted and applied in accordance with Swedish law. If any provision of these Terms of Purchase is held to be invalid or unenforceable by any court, authority or alternative dispute resolution body of competent jurisdiction, the remaining parts of that provision and all other provisions of these Terms & Conditions will remain valid and enforceable in full, subject to applicable law. You are always entitled to the mandatory consumer rights of the country in which you are ordinarily resident. Nothing in these Terms & Conditions shall be construed as limiting such rights.

13. Questions, complaints and disputes

13.1
You are welcome to contact us if you have any questions or complaints about your order. You can easily reach us using the contact details set out at the beginning of these Terms & Conditions.

13.2
In the event of a dispute with private individuals, we will comply with the decisions of alternative dispute resolution bodies. In Ireland you can contact The Competition and Consumer Protection Commission, www.ccpc.ie/consumers, or European Consumer Centre Ireland, www.eccireland.ie.

13.3
As an individual, you can also complain via the EU's online dispute resolution platform, which you can find here

13.4
Notwithstanding the above, any disputes may also be settled before any competent court in the country where you as a customer are domiciled.

The purchase terms were last updated by Pierce on 01/09/2022.