Terms & Conditions

 

Standard terms and conditions of sale

 

1. Basic provisions

(a) The following Standard Terms and Conditions of Sale (STCS) apply to all contracts that, as seller through Motiva Network concluded through the web site www.motiva-windowfilms.com, unless the parties have agreed otherwise in writing. Deviations or contradictory terms and conditions will be applicable only after our express consent.

(b) We will offer our goods only for sale if you are a legal entity, legal private company, which, at the conclusion of a legal transaction, carries out its commercial or independent activity, named ”the customer” in the contract. The conclusion of a sale contract with consumers (individuals) is excluded.

(c) Registration is done by filling in the details requested in the form on the Registration menu on the main page. Creating an account on the site requires the verification of a registration certificate of your company and then its validation. By registering on the site, the Customer declares that he/she has become familiar with and has accepted the current STCS and Privacy Policy available on the site and accepts the use of personal data in accordance with the Privacy Policy.

 

2. Conclusion of the contract

(a) The object of the contract is the sale of products. The basic characteristics of the goods can be found on the product page on the website. If the information provided on the site is not sufficient, then you can contact us using the contact details on the website. Sample of products are offered free of charge, excluding delivery costs. The seller reserves the right to change the prices of the available products, provided that the modification enters into force at the same time as it is published on the website. The change will not affect the prices of the products already ordered. The images are provided for informational purposes only.

(b) On the product page you will find the price offer as well as the purchase options, only after your registration and authentication on the site.

(c) The purchase contract takes place through the online shopping cart system, as follows:

                - the products intended for purchase are moved to the "Shopping cart"

                - you can select your shopping cart using the appropriate buttons on the navigation bar and you can make changes there at any time

                - after you go at the "Checkout" page and enter the required data and payment and shipping conditions, all your order information will be displayed again on the order summary page 

                - you can check, modify or cancel your order before submitting it

                 - by clicking on the appropriate button to submit the order, you declare the acceptance of the order in a legally binding manner

                - the payment method accepted is the payment in advance by bank transfer

                - after the confirmation of the availability in the stock of the products ordered, the estimation of the delivery costs according to the address, as well as the issue of the pro forma invoice according to the data provided at the registration, with or without VAT, you will receive a final confirmation e-mail on your e-mail address.

(d) Special offers, cost discounts and other promotional campaigns will be transmitted electronically on the website or by e-mail; consequently, you must ensure that the email address you have registered with us is the correct one and that the receipt of those emails is guaranteed, in particular you must ensure that those emails are not blocked by a SPAM filter.

 

3. Prices, payment terms and shipping costs

(a) The prices displayed on the site are net prices. These do not include legal VAT. If the customer is not paying VAT, then 19% VAT will be added to the prices displayed on the site.

(b) Shipping costs are not included in the purchase price; they are recorded separately, unless the delivery is promised as free. You can find more details under an appropriate button designated on our website or in the relevant offer here.

(c) Payment options are displayed using an appropriate button designated on our website or in the relevant offer. If no other payment period is indicated on the invoice or in the case of individual types of payment, the payment amounts from the signed contract are immediately due for payment. The accepted payment method is bank transfer.

4. Delivery terms

(a) Probable delivery date and estimated costs are mentioned on the site, in the order process. A list of transit times and related costs depending on the Buyer's country can be found here. Dates and deadlines are indicative and are not mandatory for the Seller, unless otherwise agreed in writing. Any exceedance of this date or the deadline may in no case lead to a fine, damage or cancellation of the order.

(b)  Deliveries are made by shipping companies, deliveries being Ex Works Euskirschen Deutschland, unless otherwise agreed. Any shipping or delivery is at the Buyer's expense and risk. If you wish, the goods will be shipped with adequate transport insurance and the costs will be borne by you. The Seller reserves the right to make partial deliveries, orders or executions and to issue the corresponding partial invoices.

(c) With the method of advance payment by transfer, the shipment of the goods takes place only after receiving the full purchase price and the shipping costs.

(d) If a product ordered by you is not available, contrary to confirmations, despite the timely completion of the transaction / order, for reasons we are not responsible, you will be informed without delay about its availability and in case of withdrawal of the order, the payments already made by you will be refunded immediately.

5. Warranties

(a) The warranty period will last one year from the delivery of the goods.

- we accept no liability for defects and damages due to improper use, failure to comply with the instructions for use, or to the intentional or negligent mistreatment, as well as improper installation and deterioration caused by external influences. This also includes improper cleaning of window films.

- it is recommended to avoid dust exposure of the window films during installation. The appearance of dust or dirt particles between the film and the glass is due solely to the installation conditions and cannot be considered defects covered by the warranty. Therefore, product performance and quality of life are not affected.

- no liability for damages after installing the sheets is assumed. This is valid especially for breaking the glass. Explicitly, any additional costs of any kind incurred to us are excluded. The technical information regarding the optical and energetic performances of the products are those offered exclusively by the manufacturer, are informative and are not mandatory. The installation instructions must be followed and explicitly observed. If necessary, consult the Motiva Network team before installation.

(b) The provisions of Article 377 HGB will not be affected by the traders. The customer must check the goods immediately, but no later than 7 days after receipt for accuracy, integrity and completeness. Complaints must be made in writing to office@motiva-windowfilms.com. If no complaint is made within 7 working days, the goods are considered to be accepted in accordance with the contract, unless the error has not been notified even with care and diligence.

(c)  As regards to the quality of the goods, it is considered that only our own information and description of the product of the manufacturer have been agreed, and not other publications, public promotions and declarations made by third parties.

A product is considered defective if it does not comply with the quality standards valid at the time of sale, namely optical defects, non-uniform adhesive or it’s absent.

(d) In case of defects proven by measurements, photographs or other legally accepted means, the options are the following: a discount of the price proportional to the value of the defective goods or a replacement at our discretion.

(e) The warranty offered by the producer refers to the following elements: adhesive defects, demetallization, delamination of the component layers of the film, exfoliation, the change of the initial colour in a very short time and the cracking of the clearcoat of the windows films.

(f) The warrantees are:

- 10 years – Global HPC / Silver / Solar Bronze /  Pleolit SP75, Pleolit Ultra LE75, / Pleolit WG70 / Safety & Security Clear Interior / Decorative & Privacy  Interior

- 10 years - Exterior TOP Films: Pleolit OS75, Argentum OS, 10 years from the date of original installation in case of VERTICAL INSTALLATIONS; 7  years from the date of original installation in case of HORIZONTAL/OBLIQUE INSTALLATIONS with edge sealing and  7 years  in VERTICAL INSTALLATIONS and 5 years for HORIZONTAL/OBLIQUE INSTALLATIONS WITH NO SEAL.

- 7 years – Global QDP/ NR Premium / STD Silver / Colour Silver / Low-E Silver

- 5 years - Exterior Silver* in case of VERTICAL INSTALLATIONS; 3 years from the date of original installation in case of HORIZONTAL/OBLIQUE INSTALLATIONS.

- 3 years – Exterior Colour* in case of VERTICAL INSTALLATIONS; 2 years from the date of original installation in case of HORIZONTAL/OBLIQUE INSTALLATIONS.

- 3 years – Classic Series

*The Exterior Films require to seal the edges with a neutral silicone (free of acetic acid), this is a mandatory condition for granting the warranty.

This warranty does not cover problems due to poor or faulty installation.

This warranty does not cover change in colour or fading, defined as the film gradually becoming lighter, or installation that violate vehicle tinting laws, or any problems due to poor or faulty installation.

 

Warranty Claims

All defective film warranty claim requests submitted to Motiva Network must include the invoice data and number, product description, roll number(s), defective film sample(s) or sample roll(s), a detailed description of the defect(s), and the quantity (expressed in linear meters or number of rolls) of film being claimed. We will evaluate samples of the film claimed and after complete evaluation of claimed samples, Motiva Network will either confirm the valid or deny the non-valid claim. Upon request, in case of a valid claim, the customer may be required to return all defective materials to Motiva Network.

(g) The warrantees for paint protection films (PPF) cover visible optical defects, lack of adhesive or other surface defects. The durability estimated by the manufacturer is 3 to 7 years for Stone Protect Series.

(h) The warrantees are valid only in case of correct installation and in compliance with the maintenance and operation conditions specified on the product page.

 

6. The right of retention, the retention of the right of property

(a)  The goods remain our property until the full settlement of all receivables from the ongoing business relationship. Pledging or entrusting the goods as warranty before the transfer of ownership of the reserved goods is not allowed.

 

7. Cancellation policy and right of withdrawal

Consumers have the right to withdraw as long as the consumer is any individual that concludes a legal transaction for purposes that are neither predominantly commercial, nor independent. Products and services on this web site are available only if you are a legal entity, a legal private company which, at the conclusion of a legal transaction, carries out its commercial or independent activity, named ”the customer” in the contract. However, you can withdraw from the contract before shipping the products ordered or in other cases established by mutual agreement.

 

8. Copyright

(a) The web site is protected by copyright. The seller is entitled to use the entire content and services available through the use of the web site. The copyright and intellectual property rights, including all the graphic and other materials, layout and editing of the site, solutions and ideas used in the creation of the web site cannot be used without our written consent.

(b) Motiva Window Films® is a registered trademark of Motiva Network SRL/UG, Global Window Films® is a registered trademark of Garware Poliester Ltd,  Umiscreen® and Pleolit®  are registered trade mark of M.A.M. Group.

(c) Images and other visual elements are the property of Motiva Network , its trade partners or taken over with usage rights from ShutterStock website.

 

9. Applicable law and jurisdiction

For all legal relationships between the parties, the law of Federal Republic of Germany applies, except for the laws regarding the international acquisition of goods. The exclusive place of jurisdiction for all disputes arising from this contract is the place of the seller. If the customer is located outside the Federal Republic of Germany territory, the place of activity of the seller is also the exclusive place of jurisdiction for all disputes arising from this contract. However, in the above cases, the seller has the right, in any case, to go to court at the customer's place of business.

 

10. Informations for the customers

(a) Seller’s identity:

Daniel Mihai, Motiva Network UG, Felix-Wankel-Straße 27, 53881 Euskirchen, Germany, e-mail: office@motiva-windowfilms.com, phone: +49 1623296693, Ust-IdNr. DE 326533245, HRB 24747 Bonn.

(b) Information regarding the conclusion of the contract, the technical steps for the formation of the contract and the conclusion of the contract, shall be performed according to the provisions of paragraph 2 of our General Terms and Conditions.

 (c) The official language of the website and the contract is English. The other languages ​​are intended to improve the experience on our site and we are not responsible for translation errors or other omissions.

(d) Before sending the order or request, the contract information can be printed using the print function in the browser or saved electronically.