Conditions of Use

Terms and Conditions

The Terms and Conditions herein stated are applicable any time place a purchase order with SMC Ship Motion Control at https://store.shipmotion.eu

This agreement sets out the terms and conditions between

1. Sales of products through the website www.store.shipmotion.eu are carried out by SMC Ship Motion Control; a limited liability company established under the laws of Malta with registered address 203 Rue D’Argens, Area 2A, GZR1368 Gzira. In the Terms and Conditions SMC Ship Motion Control is also referred to as “SMC”, “we”, “us” and “our”
2. The Customer is any person or legal entity having made a purchase on the website www.store.shipmotion.eu. In the Terms and Conditions the Customer is also referred to as “you"

General

These Terms and Conditions are valid for the purchase agreement between you and SMC and will remain in force for the duration of the purchase and usage of the products. You may not assign or transfer any of your rights or obligations except with our specific permission in writing.

You undertake and agree to provide correct details to us for the purpose of ordering or purchasing products from https://store.shipmotion.eu

All intellectual property rights including use of trade marks shall be solely owned by SMC. You are permitted only to use material on https://store.shipmotion.eu website as expressly authorized by SMC.

SMC reserves the right to change the Terms and Conditions without notice. The latest Terms and Conditions can be found on https://store.shipmotion.eu

The term “Products” is used in this document, for products, goods and services provided by https://store.shipmotion.eu

We attempt to be as accurate as possible when describing our products on https://store.shipmotion.eu. However we do not warrant that the product description, colors or other content available on https://store.shipmotion.eu are error-free.

Data Protection

By placing an order with SMC, you agree that we may store, process and use data collected from the order and any further communication for the purposes of processing your order or for communication purposes with you relating to the products ordered.

Payment Method and Security

When the payment for purchases are made using a credit or debit card the card information is processed directly by our payment gateway provider Braintree, a payment processing service owned by PayPal. Braintree is fully audited and compliant with the Payment Card Industry Security Standards.

Payment Card details are transmitted directly by you to the payment gateway encrypted over high-strength SSL. SMC does not handle or store any card information.

You undertake that the credit or debit card you are using is your own and that you are authorized to use it and that there are sufficient funds to cover the cost of the products ordered.

Payment and Price

All products on www.store.shipmotion.eu are sold with prepayment terms. Prices of the products are specified on https://store.shipmotion.eu

The prices presented on the website are exclusive VAT and delivery fees, unless by prior agreement between SMC and the Customer.

VAT exempt as exclusively for VAT registered entities and customers making purchases with deliveries outside the EU.

Prices of the products may change without notice. A price change does not affect already placed and paid orders. Should a pricing error occur, we will not be bound by the incorrect pricing stated and reserve the right to cancel your order.

When the order has been placed and paid an order confirmation will be sent by email to you.

If you wish to make any alterations or cancellation to your order placed, contact SMC as soon as possible.

Delivery

Products in stock will normally be shipped within 2-4 working days from completed order. The products will be sent to the address given by you in your order.

When the shipment is dispatched from our warehouse you will receive an email with delivery details of your order. If you haven’t received the dispatch email within 4 working days please contact us.

Shipments are sent by DHL courier on DAP terms (Delivery at Place)

DAP terms – Delivery at Place, Any VAT or Duty at imports is paid by the receiver.

Normal delivery time within the EU is 1-3 days depending on destination.

Normal delivery time to the rest of the world is 2-4 days depending on destination.

If a product you have ordered, is out of stock it will be backordered. If any product is backordered, you will receive an email within 4 working days, with information on when the services is planned for dispatch. Please contact us if you have any queries relating to delivery date or if you would like to cancel the order.

You become the owner of the ordered products when they have been physically delivered to you and we have received payment in full from you. When the products have been delivered to you, the responsibility for any loss or damage is passed on to you.

If the products ordered is not receive within 30 days after the placed order, you must notify SMC in writing at sales@shipmotion.eu

Returns and Cancellation

SMC offers to refund or replace any product provided by us that do not meet the standards expected.

Products damaged in shipping will be replaced free of charge by SMC. Any back order of products will be shipped as soon as possible at no further cost or will be refunded.

Cancellations of orders must be made within 14 days after the receipt of the product. The products are to be returned unused and in the original package. This must be agreed with SMC, prior to returning any products.

For cancellations of orders, shipping damages or replacement claims of products notify SMC by email to sales@shipmotion.eu within 14 calendar days from when you have received the products.

If the order is cancelled by you after the products have been dispatched from the warehouse, you are responsible for return shipping and its charges to SMC. The products must be returned no later than 14 days from the day of the cancellation of the order that was agreed with SMC.

The refund will be made using the same means of payment as the customer used for the initial transaction; the refund will be concluded within 7 days after the products have been received by SMC in good order.

Liability

SMC does not take any responsibility in the event of misuse, inappropriate use, information or instructions given as to the use of any products which have not directly originated from SMC.

SMC can accept no liability for delays caused by factors outside of our control. These include delays by the shipping company and delays caused by technical difficulties on our website which may result in a delay in us receiving your order in the first-place instance.

SMC shall not be held responsible if the www.store.shipmotion.eu website is unavailable. SMC may restrict access to the online store temporarily during maintenance work, Internet Service provider failure or due to other unforeseen failures.

SMC´s liability for any claim for loss or damage whether direct or indirect shall be limited to the sum paid by you for the product.

Applicable Law and Jurisdiction

The https://store.shipmotion.eu website is subject to the laws of the Republic of Malta.

Purchases you make shall be deemed performed in Malta. Maltese law shall govern every aspect of the electronic contractual agreement between you and SMC concerning purchases made from the https://store.shipmotion.eu website.

All disputes arising from the use of https://store.shipmotion.eu website, its services and electronic contractual agreement between you and SMC shall be subject to the exclusive jurisdiction of the Courts of Justice of Malta.