Terms & Conditions

Welcome to the website of Wotomoto, a proud member of the Debono Group Limited. Wotomoto provides this Site as a service to its customers. Please review the following basic rules that govern your usage of the Site.

Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Since Wotomoto may revise this Agreement at any time, you should visit this page periodically to review the terms of your usage.

Site Contents

Occasionally there may be information on this website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Wotomoto. The Site as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by Wotomoto. Wotomoto and our other trademarks appearing at this Site are the trademarks of Debono Group Limited.

This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.

User comments, feedback, postcards and other submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Wotomoto on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Wotomoto’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Wotomoto of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Wotomoto will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Wotomoto is and shall be under no obligation
– to maintain any Comments in confidence;
– to pay compensation to any user for any Comments; or
– to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Disclaimer

Wotomoto provides the materials on this site “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Wotomoto expressly disclaims any duty to update or revise the materials on this site, although Wotomoto may modify the materials at any time without notice. By your use of this site, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site. You further acknowledge that Wotomoto shall not be liable for any damages or any kind related to your use of this site.

All contributions made to this website in written, photographic or other form will become the sole property of Wotomoto. Consequently, Wotomoto will hold the rights to use the same in any manner deemed fit, online or offline.

The Trip experiences and discussions posted in the website are not endorsed by Wotomoto for content or veracity. Moreover, Wotomoto does not take responsibility for any actions inspired by content presented here. Wotomoto strongly discourages riding under the influence of alcohol or any other hallucinogenic substance. We strongly urge you to follow road rules, wear a helmet, and only use your motorcycle as it was designed to be used. Modifications to the chassis and engine are not advisable, since they could compromise your safety. Please enjoy your motorcycle and the great outdoors responsibly.

Indemnification

You agree to defend, indemnify and hold Wotomoto harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

shall have jurisdiction over all disputes arising out of or in respect of this Agreement.

Private Imports

We also do not encourage private imports of our brands for the saftey reasons. If you have done so, please note it is at your own risk. If you face any problems with registering your privately imported motorcycle or haven’t received your motorcycle we cannot be held responsible or liable for this.

Termination

These terms are effective unless and until terminated by either you or Wotomoto. You may terminate this Agreement at any time. Wotomoto also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Wotomoto’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Wotomoto, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

TERMS OF SALE

Purchasing

When you make a purchase of any of our Products via our website wotomoto.com, you enter into a legally binding agreement with us, Michael Debono Limited a company registered in Malta bearing company number C 10004 and having its registered address at Mdina Road, Zebbug, Malta, Europe, Telephone Number +356 2269 4000, Email address [email protected], and this on the below Terms and Conditions of purchase. You should understand that by ordering any of our Products, you agree to all these Terms and Conditions.

All orders placed through our website are subject to acceptance by us. After placing an order, we will confirm acceptance of your submitted Order by sending you an e-mail Order Confirmation.

When placing an order you explicitly acknowledge that this implies an obligation to pay.

The contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We are not obliged to supply any further Products which may have been part of your Order until it has been confirmed in a separate Order Confirmation.

Delivery, Price and Payment

Products will be at your risk from the time of confirmation of the order.

Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges that may be applicable.

The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.

These prices include VAT but exclude any Delivery Costs that may occur. Any Delivery Costs will be added to the Total Amount Due for the Product(s).

Prices are liable to change at any time, but changes will not affect any Orders that have already been confirmed through the Order Confirmation email sent to the customer.

Our website contains a number of products, so, therefore, it is always possible that, despite our best intentions, some of the products listed on our website may be incorrectly priced or marked as “In Stock” when they are no longer available. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Website, we will at our discretion, either contact you for instructions before dispatching the Product or reject your order and notify you accordingly.

We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.

Payment for all orders must be by our Truevo payment platform.

We will only accept orders for items which are currently showing as “In Stock” on our website when you place your order. In the event that a Product is listed as being “In Stock” but is found to be of unsatisfactory quality at the time of intended dispatch, we will notify you immediately. If for any reason we are unable to fulfil your Order within 30 days, the Order shall be terminated and can be replaced at any time.

Notwithstanding any other rights we may have (which are specifically reserved), in the event that we are unable to take full payment of the products from your specified account, we reserve the right to cancel the Contract forthwith or to suspend any pending deliveries to you.

All reasonable care is taken by us to ensure all information provided by you in connection with your order is kept secure. In the event that you may suffer loss through third parties unauthorised access to any data you provide to us when accessing and ordering from our website, we cannot be held liable for that loss unless it is solely due to our negligence.

Delivery

We do not currently deliver to anywhere outside of Malta and Gozo.

Deliveries are made Monday to Saturdays. Pickup can be affected by our Zebbug store from Monday to Saturdays. Full opening times are listed on our Contact page.

Standard delivery is 2 to 7 Working Days. We always aim to meet our delivery times, but no guarantee can be made. This may be for reasons beyond our control. Large Orders and heavier items may also take longer to deliver.

All Delivery Costs are inclusive of VAT unless otherwise stated.

Delivery is free of charge for helmets at the rate of €50 or more.

Delivery is free of charge for gloves at the rate of €40 or more.

Delivery is free of charge for jackets at the rate of €100 or more.

Delivery Cost Charges of €5 will be affected for orders lower than the stated above.

Cancellation, Return, and Refund of An Order

We do not offer cancellations once the order has been processed.

So please be advised to check your order to the best of your ability, to avoid any wrong information being sent to us.

We will not accept any refunds, nor offer any exchange and no cooling-off period shall be applicable:

for any purchase where the price does not exceed thirty euro (€ 30);For the supply of goods made to the specifications of the consumer or where these are clearly personalised;

Where the supply is of goods which are liable to deteriorate or expire rapidly;

Where the supply is of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

Unless the product falls into any one of the above categories, if there is an issue with size we will happily exchange the item and arrange collection of the unwanted product by courier. Only if the client returns the product within 24hrs of delivery. The client will get a credit note, in case the size is not right. Refund will be given only if the size is not good and the required size is not in stock.

Where the sale is not one of the those indicated in i. to v. above, You shall be entitled to a 14-day cooling-off period, which commences to run on the day when you take delivery of the items sold to you, during which period you can cancel the sale by informing us in writing at the above mentioned email address. In such an event, you will have to return all the unwanted items to us. No refunds will be given unless all the unwanted items are returned to us.

You may opt to return the item to us yourself or if you so wish we can collect the unwanted items from you at a cost of fifteen euro (€ 15) per unwanted item. These costs will be deducted from the sums that would be otherwise due to you.

Unwanted items must be returned preferably in their original packaging but in any case you are responsible to to take all necessary precautions so that the item does not get damaged on its way to us. If a product gets damaged because it wasn’t packaged properly you will be charged for the damages caused and any sums due to us for items that would have been so damaged will be deducted from the sums that would otherwise be due to you.

In the event that you opt to cancel the sale within the cooling-off period you will be entitled to be refunded the cost of the product together with standard delivery of the item. You will not be refunded for costs incurred for more expedited delivery options.

Refunds will be paid within 14 days from when we receive the unwanted items from you.

You will not be entitled to cancel the sale and request a refund after the cooling off period has expired.

Privacy and Security

Subject to the terms of our Privacy Policy and Terms and Conditions, we do not pass on any email address or contact details to any third party.

When you place an Order with us, we do have to ask for certain details to be able to make a Contract for the Sale and Delivery of the Products. In addition to your name, address, credit card number and expiry date, we’ll also ask you for a telephone number in case of any problems regarding delivery. Our website is fully secure, with all of the information you give us kept confidential.

Please read our Privacy Policy which sets out how any information held by us about you may be processed or dealt with. By proceeding to place your Order you consent that we may process the personal data (including sensitive personal data) that we collect from you in accordance with our Privacy Policy.

Our Liability

We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.

If any of these Terms and Conditions or any provisions of an Order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Agreement

These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.

We have the right to revise and amend these Terms and Conditions at any time to reflect changes, including but not limited to, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and Terms and Conditions in force at the time that you order a product from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within 7 Working Days of receipt by you of the Products).

Law and Jurisdiction

Orders for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Maltese law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Malta.

Fraud Prevention

To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the Order Process against appropriate third party databases. By placing an Order (and thus accepting these terms and conditions) you consent to such checks being made.