TERMS & CONDITIONS
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Terms of Service
Welcome to Structmoto. Our team is glad to be of service to you.
By using our website www.structmoto.com and/or placing an order, it is understood that you agree to be bound by the terms and conditions set forth below. Your access to and use of our website is conditioned upon your acceptance of and compliance with these terms. In this regard, Structmoto may at any time, without notice, modify this Terms of Service, and such amendments/modifications shall automatically be effective immediately upon posting in our website. These Terms of Service shall apply to all visitors, users and others who access or use our website.
Please read the Terms of Service carefully in order to avoid any interruption on your enjoyment of any and all of Structmoto's products and services. Structmoto reserves the right to immediately bar access to its website and close the account of any user who violates any provision in the Terms of Service.
1. ELIGIBILITY
Only persons of legal age, eighteen (18) years old or older, may place an order with Structmoto. If you are under eighteen (18) years old, you may place an order with Structmoto only with the involvement of a parent or legal guardian.
2. PROHIBITIONS
All visitors, users and others who access or use our website agree on the following:
i. Not to post, transmit, redistribute, upload or promote any communications or content that could harm or negatively impact Structmoto's business, products or services;
ii. Act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying Structmoto website www.structmoto.com, or which impacts the security of Structmoto website;
iii. Employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including any and all kinds of computer device) to navigate or search Structmoto website, or to copy content thereof;
iv. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs to destroy the integrity of Structmoto website;
v. Use Structmoto website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
vi. Supply Structmoto inaccurate, deceptive or any fraudulent information which tends to mislead and defraud Structmoto;
vii. Use Structmoto website or Structmoto brand/business to defame, abuse, harass, threaten, or otherwise violate legal rights of others;
viii. Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software through Structmoto website; and
vxi. Interfere with another person's use and enjoyment of Structmoto website, or use Structmoto website to interfere with another person's use and enjoyment of similar websites. 3. TERMS OF SALE
3.1. PRICE AND PAYMENT
The prices displayed for products at Structmoto website does not include delivery charges. Structmoto reserves the right to charge delivery fee in addition of the prices of the selected products. The amount of the delivery fee shall be based on the fee charged by a particular carrier at the time the delivery is made.
For orders placed abroad, the prices does not include import taxes or custom duties. Import taxes/custom duties will be charged by the carrier upon delivery and shall be shouldered by the customer exclusively.
Customers can pay using any of our payment partners listed on Structmoto website or use the cash on delivery payment method.
In instances wherein there is an error in the price of any of the products which a customer ordered, Structmoto shall inform the customer as soon as possible and give him/her an option of reconfirming his/her order at the correct price or cancelling it.
If Structmoto have already received payment for such order before rectifying the error in pricing of the product, Structmoto shall attempt to refund the applicable amount to the customer.
3.2. ORDERING
To place an order, a customer will be required to follow the online shopping process on Structmoto website. Once a customer places an order, Structmoto shall sent a confirmation of the order to the customer via his/her elected email account or registered phone number. Upon receipt of confirmation of the order from the customer, Structmoto shall inform the customer of the expected delivery details with full price including delivery fees, and thereafter, process the actual delivery of the product to the customer.
3.3. DELIVERY
Structmoto exercises utmost diligence in accepting and processing orders and endeavour to deliver every customer's order in accordance with their selected delivery option.
Structmoto undertakes to dispatch orders in the fastest possible time and in the order in which they are placed. In the event that Structmoto shall not be able to meet the estimated delivery time and date of the product to the customer, Structmoto shall notify the customer and make the necessary arrangements.
All risk in the product shall pass to the customer upon delivery hence, Structmoto shall not be liable for loss or destruction of the product, except any damage covered by warranty.
3.4. CANCELLATION
If a customer intends to cancel an order, he/she can contact Structmoto via its website. No cancellation fees shall be applicable unless the product has been dispatched for delivery. In this case, the product must be returned to Structmoto according to the guidelines provided in the returns and refunds policy.
3.5. RETURNS AND REFUNDS
Other than variance in sizing and defects in the product covered by warranty, customers may demand for the return of the product free of charge, except for delivery fee. The products must be returned to Structmoto within seven (7) days from receipt thereof in the same condition they were in upon receipt. Product tags shall remain intact and untampered with, and shall be in its original packaging.
In the event that a product is returned to Structmoto in an unsuitable condition, Structmoto reserves the right not to accept returns and send the product back to the customer.
4. DISCLAIMER OF LIABILITY
The content displayed on Structmoto website is provided without any guarantees, condition or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Structmoto and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by law and shall not be liable for any damages whatsoever, including bit without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, date or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of Structmoto website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by law or otherwise.
Nothing in these Terms of Service shall exclude or limit Structmoto's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
5. INDEMNITY
You agree to indemnify, defend, hold harmless Structmoto, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from any customer's use of Structmoto website or your breach of the Terms of Service.
6. GUARANTEE AND COMPLAINTS MANAGEMENT
Structmoto shall attempt to address every customer's concerns as soon as possible and will contact them on receipt of any inquiry or complaint.
7. FORCE MAJEUREStructmoto shall not be liable to customers for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond Structmoto's reasonable control, including without limitation:
i.Strikes, lock-outs or other industrial action;
ii. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
iv. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
v. Impossibility of the use of public or private telecommunications networks;
vi. The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents;and
vii. Other events with similar effect.
In the event that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by notice, through Structmoto website, and without any liability other than a refund of a Product already paid for by you and not delivered.
In any event, Structmoto reserves absolute discretion on the solution it shall adopt in fully meeting its obligations to its customers under the Contract despite the Force Majeure Event.
8. INTELLECTUAL PROPERTY RIGHTSAll content included in or made available through Structmoto website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of Structmoto or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by Structmoto and its licensors. You may store, print and display the content supplied solely for your own personal use.
You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on Structmoto website nor may you use any such content in connection with any business or commercial enterprise.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through Structmoto website are trademarks of Structmoto in Philippines . Structmoto's trademarks may not be used in connection with any product or service that is not provided by Structmoto, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Structmoto. All other trademarks not owned by Structmoto that appear on the website are the property of their respective owners.You must not use any part of the content on Structmoto website for commercial purposes without obtaining a license to do so from Structmoto or its licensors.
In the event Structmoto becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
If you print, copy or download any part of Structmoto website in breach of these Terms of Service, your right to use Structmoto website will cease immediately and you must, at Structmoto's option, return or destroy any copies of the materials you have made.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Structmoto or its licensors.
9. WAIVER
No failure or delay by us or you in exercising any right under these Terms of Service shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms of Service.
10. SEVERABILITY
If any clause in these Terms of Service shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms of Service shall be capable of continuing in effect without the unenforceable term.
11. ASSIGNMENT
You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms of Service or all or any of your rights or obligations under these Terms of Service.
12. RELATIONSHIP
Nothing in these Terms of Service shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
13. THIRD PARTY RIGHTS
No person who is not a party to these Terms of Service shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms of Service its assent to any such term.
14. GOVERNING LAW