Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to place an order with us. If you do not accept these terms, do not use this Website.
MotorBest is a brand belonging to Susana Daniela Costa Real with VAT number 227221284 with head office at Rua Aureliano Lima, nr.72, 4º dto. tras., 4430-020 VN Gaia, owner of the website www.motorbest.net.
I. General – application
1.These general terms of business apply to all existing and future contractual relationships.
2. Consumers as defined by these general terms of business are private individuals who are not engaged in commercial or professional activities and with whom the company enters into a contractual relationship.
Companies as defined by these general terms of business are natural or legal entities or partnerships who are engaged in commercial or self-employed activities and with whom the company enters into a contractual relationship.
Customers as defined by these general terms of business can be both consumers and companies.
3. Any divergent, contradictory or supplementary terms of business will not be a part of the contract, unless their application is expressly recognized by MOTORBEST.
II. Conclusion of contracts
1. For customers the order (contractual offer) is binding for three weeks.
2. On placing an order the customer makes a binding declaration that he wishes to purchase the goods.
MotorBest will have the right to accept the contractual offer contained in the order within three weeks from receipt of the order. The order can be accepted either in writing, verbally, by delivering the goods to the customer or by accepting an advance payment on the purchase price.
3. When making a purchase, the customer has 15 days to make an exchange of the product(s) for other(s) of equal or greater value. This will only happen upon presentation of proof of purchase and original packaging in perfect condition, without the article(s) showing any sign of use. We do not perform returns.
All products may be exchanged or returned except in cases where the opposite is clearly stated. Exchanges or returns should be done 15 days after delivery day.
If the product is exchanged for one of a bigger value, the costumer will have to pay for the difference.
1. Prices are firm and include VAT.
Any VAT change will be reflected on the purchase price.
III. Retention of title
1.In the case of contracts with consumers we reserve title to the goods until the purchase price has been paid in full.
In the case of contracts with companies we reserve title to the goods until all receivable payments from a current contractual relationship have been met in full.
III. Transfer of risk
1.If the customer is a company the risk of any accidental loss or accidental deterioration of the goods is transferred when the goods are handed over to the company. In the case of purchases involving transport of the goods the risk is transferred on delivery of the goods to the freight forwarder, the carrier or to whatever person or organisation has been entrusted with the transport.
2.If the customer is a consumer the risk of any accidental loss or accidental deterioration of the goods is transferred when the goods are handed over to the customer. This also applies to purchases involving transport of the goods.
3. If the customer delays taking delivery of the goods the goods will still be regarded as having been handed over to him.
IV. Delivery period
1.If MOTORBEST is unable to meet the agreed delivery period the customer agrees to grant MOTORBEST a reasonable extension of four weeks, beginning from the day the customer gives written notice that MOTORBEST is in arrears with delivery or, in the case of delivery periods arranged in terms of the calendar, on expiry of the period concerned. If MOTORBEST fails to deliver by the end of the agreed extension period the customer can withdraw from the contract.
1. If the customer is a company, MOTORBEST provides a remedy for defective goods either in the form of repair or replacement.
2. If the customer is a consumer he has the choice of supplementary performance in the form of repair or replacement of the goods. However, MotorBest will have the right to reject the choice of supplementary performance if this will only be possible at unreasonable expense and if the other form of supplementary performance will be without significant disadvantage to the consumer.
3. If the supplementary performance is unsuccessful the customer has the choice of a reduction in price or withdrawal from the contract. This right of withdrawal will not apply, however, in cases where the defects to the goods are only minor.
4. Companies must report to us any visible defects in writing within a period of two weeks from receipt of the goods. If this is not done any claims under the warranty will be null and void. To comply with this period it is sufficient to send the written report within the specified period. The company has the burden of proof with regard to all preconditions for entitlement to compensation, in particular for proving that the defect itself exists, together with the time at which the defect is established and for reporting the defect in good time.
Consumers have to inform us in writing about visible defects within a period of two months after establishing that the condition of the goods does not comply with the contract. The date on which we receive the report will determine whether the above period of notice has been met. If the consumer fails to report the defect in time the warranty rights will become null and void two months after the defect has been established. This does not apply in the event of bad faith on the part of the consumer. The consumer has the responsibility of proving the time at which the defect was established. If the consumer was persuaded to buy the goods on the basis of inaccurate statements on the part of the manufacturer it is the consumer's duty to prove that this was the case. In the case of used goods the consumer has the obligation of proving that the goods are defective.
5. If the supplementary performance is unsuccessful and the customer elects to withdraw from the contract because of a legal or material shortcoming he will not have the right to compensation on account of the defect.
If the supplementary performance is unsuccessful and the customer claims compensation the goods will remain with the customer, provided this is reasonable. The compensation will be limited to the difference between the purchase price and the value of the defective goods.
6. For companies the warranty period will be one year from the delivery of the goods. For consumers the period of limitation will be two years from the delivery of the goods.
X. Reservation of the right to make changes
1. Our offers are subject to confirmation. We reserve the right to make reasonable technical changes, changes in form as well as in reasonable divergence in colour shades.
2.Demands on the quality of ordered goods can only be made to the extent that such quality can reasonably be expected in commercial terms for goods in their price class.
XI. Limitations on liability
1.In the event of any infringement of contractual obligations resulting from minor negligence, our liability to the consumer will be limited to the predictable, contractually typical, average direct damage. This also applies to infringement of contractual obligations resulting from minor negligence on the part of our legal representatives or those acting on our behalf.
We accept no liability towards companies in the event of any infringement of contractual obligations resulting from minor negligence.
XII. Concluding provisions
1. Only Portuguese law will apply, to the exclusion of the UN convention of contracts for the international sale of goods.
2. If any contractual provision, including these general terms of business should be invalid in whole or part, this will not affect the validity of the remaining provisions. The provision which is invalid will be replaced by whatever provision comes closest to fulfilling its original business purpose