Welcome to Motatos. These terms govern your use of motatos.co.uk (the “Site”) and your relationship with Motatos. Please read them carefully before placing your order. If you are a consumer, you have certain legal rights when you order products. These rights are not affected by these terms, which apply in addition to them and do not replace them. You can find more information about these rights here.
Please do not use the site if you are unable to agree to these terms.
INFORMATION ABOUT US AND HOW TO CONTACT US
We are Motatos Ltd. (company number: 13693693) (“Motatos”, “we”, “our” or “us”), a company registered in England and Wales with our registered office at 24 Old Queen Street, London, SW1H 9HP. We save and sell surplus goods online to consumers.
If you have any questions, you can contact us by calling +44 845 528 0910, by e-mail to [email protected] or using the contact information otherwise stated on our website.
Your use of the Site and all purchases made on the Site will be governed by these terms and conditions. When purchasing from us, we create a user account (an “Account”) for you to process your purchase. You confirm that all information provided to us in the creation of your Account is correct and you agree to ensure that the information is accurate at all times.
You are responsible for keeping your Account information confidential and you will be responsible for all activities and orders that occur or are submitted using your Account. If your login information falls into the wrong hands, it is your responsibility to contact Motatos immediately.
We may update these terms and conditions from time to time and any changes will be notified to you via the e-mail address associated with your Account. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new terms you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new terms.
The Site is not for use by anyone under the age of 18. By placing an order through our Site, you confirm that you are at least 18 years old. You agree that you will not furnish age-restricted products obtained through Motatos to anyone who is not over the age of 18.
ORDERING AND PRICES
The minimum order amount is £25. All prices are stated in GBP and include any VAT payable unless otherwise stated. The price of the items does not include the delivery charge or any deposit required. Your shopping cart displays the total amount for your purchase, excluding any deposit and delivery charge.
We may charge a delivery fee per package and item. The delivery fee depends on the number of goods, product type, weight, volume and whether you want delivery to a collection point or to a specified address. You will be able to view any deposit and delivery fee before you complete your order.
Upon completion of your order, Motatos will confirm the order by e-mail to the e-mail address you provided when ordering, or the e-mail address associated with your Account. If you have not received your notification from us, or if you have other questions, please contact Motatos customer service team via telephone number +44 845 528 0910 or e-mail [email protected].
Your order is an offer to buy from us. A contract is only formed when we have despatched your order. At any point up until then, we may decline to supply all or some of the products to you or make any changes to your order that we deem necessary.
If you need to change or cancel an order, please contact our customer service team by telephoning +44 845 528 0910 or e-mailing [email protected]. In urgent cases, it is best if you contact us by phone for the fastest possible handling. You may cancel an order without charge at any time before we accept the order. If we confirm the order was not yet accepted, we will refund your payment (excluding any discount, or voucher that was applied to the order). If you cancel any order after it has been despatched, we may charge you an administrative cost as well as any delivery costs that we have already incurred.
The product information contained on our Site has been published in good faith and we will do our best to ensure that it is accurate. However, it may occasionally be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected products, or if your order has already been accepted, not to supply the affected products to you. We will notify you if this is the case and will not charge you for the product.
Our payment management is supported by [Klarna Bank AB, Sveavägen 46, 111 34 Stockholm (“Klarna”). Klarna’s terms, which you can read here, apply to your payment.]
We accept the following payment methods: Visa, Mastercard, Eurocard and American Express. You can also pay via Klarna invoice with a 30-day payment period (see terms here ) or choose to split your payment via Klarna (see terms here and here ). Your credit/debit card details will be encrypted via SSL encryption. Motatos will not store your credit card information. [Note: Please confirm payment terms are correct]
Once you have completed your order, the amount of your order will be reserved in your bank account. You will be charged and sent an invoice via e-mail for your order on the day of the delivery. In the event of a partial delivery, you will only be charged and invoiced for the amount of the order that has been despatched.
Please ensure that the expiry date of your payment card is after the anticipated despatch date of your order. Payment is taken at the point of despatch and in the event that the payment card has expired we will be unable to take payment and fulfil your order.
The delivery time depends on whether the ordered product is in stock and which of our delivery partners will deliver the product. The delivery partners' expected delivery times will be stated at the checkout before you make your purchase. We will e-mail you with your invoice when your products are despatched. If any of your products is unavailable or replaced by a substitute, it will be stated on the invoice.
We will always try to deliver your products in the agreed time but we will not be liable if we fail to do so in part or in full due to circumstances beyond our control. If your delivery is being handled by one of our transport partners, we ask that you contact the transport partner directly for questions about your delivery or shipping from our warehouse.
When the goods are despatched, you will receive an e-mail with your invoice. If there are products that we have not been able to deliver or replace, it will be stated on the invoice.
We will attempt delivery at the address you provide to us when you place your order. You may still be charged for your order in the event of a failed delivery if you have caused such failure for any reason.
If you have requested that your order be delivered to a specified collection point, we will notify you by e-mail when your order has been delivered. Packages that have not been picked up within 14 days will be returned to us and you will be charged a fee that corresponds to the actual costs that Motatos has incurred for return shipping, shipping fee and handling.
IF SOMETHING IS WRONG WITH YOUR ORDER
If you have any complaints, we recommend that you contact our customer services team by calling +44 845 528 0910 or e-mailing [email protected] and we will work hard to find a solution for you.
You have a legal right to receive goods which comply with their description, which are of satisfactory quality, and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that a product you have been delivered does not comply with these legal rights, please let us know by calling +44 845 528 0910 or e-mailing [email protected] as soon as possible so that we can attempt to remedy the error in the appropriate way. We may remedy the error by delivering a new error-free item, refunding part or the whole of the amount of the item or providing you with account credit. If you wish to exercise your legal right to reject a product, we will provide you with a prepaid return label for you, and subject to verifying your compliant, refund you for the product.
You have a legal right to change your mind and return products to us. If you wish to return any products, you must notify us in writing by e-mail to [email protected] within 14 days of receiving the products or, if the products from a single order are delivered on different days, the day you receive the last delivery. Our customer service team will provide you with a prepaid return label.
If you want to return the item without our prepaid return label, we will refund reasonable shipping costs once we have received the item and you have provided the receipt for your postage. If you choose to return the item without our prepaid return label, you must send it to: [WALKER ADDRESS]. We only accept returns that are sent directly to this address.
Remember to carefully package the product you want to complain about so that it is not damaged during transport back to us. If you send the product yourself, you are responsible for the damage that may occur during transport.
We will refund or replace any products you return to us within 14 days of notifying us that you wish to return the products.
Exceptions: Due to health and sanitation reasons, we do not accept returns for some of the goods we sell, including food, goods with a safety seal that was broken by the customer, and goods used in the household's ongoing consumption, including paper towels, detergents or other similar hygiene items.
Condition of the item sent back: We do not give full refunds for over-handled items. So, if you are not sure if you want something, take a look at it to see if it is what you expected before sending it back. And if you want your best shot at a full refund: don’t open, use, shake, dent, or let your dog play with it before you return it. Once we get an item back, if customer over-handling has lowered the value, we will refund you for what we think the lowered value is, which could be zero, and the standard delivery cost.
If you decide to cancel products or return products within the time periods set out above, we will also refund the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than our standard and least expensive method of delivery). We will make the reimbursement no later than 14 days after we receive the products back from you.
We may reduce the amount of any refund (excluding delivery costs) to reflect any reduction in the value of the products resulting from unreasonable or unnecessary handling or damage to the products or their packaging.
If you cannot show that you have returned the item to us, we have the right to withhold the refund until we have received the item.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (as in the terms summarised above); and for defective products under the Consumer Protection Act 1987. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these terms, or as a result of any IT hardware or software failure other than a failure in our Site.
AVAILABILITY OF THE SITE
Although Motatos aims to offer you the best service possible, we make no promise that the services on the Site will meet your requirements. We cannot guarantee that the Site will be fault free. If a fault occurs in the Site, you should report it to our customer services team and we will attempt to correct the fault as soon as we reasonably can. Your access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Site or relevant as soon as we reasonably can.
SUSPENSION OF YOUR ACCOUNT
You may not use our Site or services in any way that breaches any applicable local, national or international law or regulation. You agree not to access without authority, interfere with, damage or disrupt any part of our Site or any network or equipment used in the provision of our services.
Motatos may suspend or cancel your Account or access to the Site immediately at our reasonable discretion or if you breach any of your obligations under these terms.
The suspension or cancellation of your Account and your right to use the Site shall not affect either party's rights or liabilities.
LINKS TO THIRD PARTY SITES
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner of or the licensee of all intellectual property rights in our Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
Motatos will not be liable by reason of any failure or delay in the performance of its obligations on account of events beyond its reasonable control, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism and government action.
COOKIES AND SIMILAR TECHNIQUES
PERSONAL DATA AND INFORMATION
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If you breach these terms and Motatos ignores this or delays in enforcing these terms, Motatos will still be entitled to exercise its rights and remedies at a later date or in any other situation where you breach these terms.
These Product Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.