Effective date: 1st May 2023
1. Introduction
Welcome to www.superbikezone.com (“the Site”), a digital marketplace operated by superbikezone (“the Company”) where users can buy and sell motorbikes, parts, accessories, and other motorbike-related products. This document (“Terms and Conditions”) outlines the rules and guidelines governing the use of the Site. By accessing or using the Site, you agree to abide by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
2. Definitions
For the purposes of these Terms and Conditions:
- “User,” “You,” and “Your” refer to you, as a user of the Site.
- “We,” “Us,” and “Our” refer to the Company.
- “Content” refers to text, graphics, images, music, software, audio, video, information, and other materials available on the Site.
- “Services” refers to the online marketplace services provided through the Site.
3. Changes to Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time, at our sole discretion. If we make changes to these Terms and Conditions, we will notify you by posting the revised Terms and Conditions on the Site and updating the “Last Updated” date at the top of these Terms and Conditions. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. Please frequently review these Terms and Conditions to understand the terms that apply to your use of the Site.
4. Eligibility and Account Registration
To access and use the Site, you must be at least 18 years old. By using the Site, you represent and warrant that you meet the eligibility requirement.
To use certain features of the Site, you may be required to create an account (“Account”). When creating an Account, you agree to provide accurate, current, and complete information about yourself. You are responsible for safeguarding your Account and password. You agree to be responsible for all activities that occur under your Account.
5. Use of the Site
You agree to use the Site in compliance with these Terms and Conditions and all applicable laws and regulations. You may not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You agree not to engage in any activity that could harm the Company, the Site, or its users.
6. Role of the Company
Superbikezone functions merely as a marketplace platform, connecting buyers and sellers of motorbike-related products. As such, we do not take part in the actual transaction of goods, nor do we act as a retailer, wholesaler, or agent for any of the listed items. We act only as a conduit for the purpose of facilitating transactions between users. We do not take ownership of the items at any point and do not provide any warranty for the items listed on the Site. The contract for sale is directly between the sellers and buyers.
7. Listing and Posting Items
Users may list items for sale on the Site according to the guidelines set forth by us. When listing an item, you must provide accurate and complete information about the item, including but not limited to its condition, origin, and price. By listing an item, you represent and warrant that you own the item or otherwise have the right to sell it and that your listing does not violate any applicable laws or regulations. We reserve the right to remove any listings that we determine, at our sole discretion, violate these Terms and Conditions.
8. Buying Items
By purchasing an item listed on the Site, you agree to abide by the terms of sale included in the item’s listing, provided that those terms of sale do not conflict with these Terms and Conditions or our other policies. You are responsible for reading and understanding the full item listing before making a commitment to buy. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of commercial law unless explicitly stated.
9. Payment and Transaction Processing
Payment for items purchased on the Site must be made through the payment methods provided by us. All payments must be in the currency specified in the item listing. You agree to comply with the terms and conditions applicable to the payment method you choose. We use third-party payment processors to process payments made through the Site. While we strive to ensure the security of your financial transactions, we cannot guarantee the security of your data transmitted to our payment processors; any transmission is at your own risk.
10. Dispute Resolution
In the event of a dispute between users (e.g., between buyers and sellers), we encourage users to resolve the dispute amicably. If users are unable to resolve the dispute, they may notify us, and we may, at our sole discretion, try to mediate such dispute. However, we are under no obligation to resolve disputes between users. We are not responsible for and do not warrant the behavior, acts, or omissions of any user.
11. Fees and Commissions
Superbikezone operates a unique fee structure that allows free listing for all items, including riding gear, parts, accessories, bikes, and auction items.
Listing Fees:
- Riding gear, parts, accessories: Free to list
- Bikes: Free to list
- Auction: Free to list
Seller Fees:
- Riding gear, parts, accessories: 8% of the total sale price
- Bikes: 3% of the total sale price
- Auction: 3% of the total sale price
Payment Processing Fees:
In addition to the Seller fees, Superbikezone collects a 3% payment processing fee, which is paid out to our payment processor. The fee is calculated based on the total sale price of the item.
All applicable fees are charged to the seller upon successful completion of a sale.
Buying and Selling Outside of Superbikezone:
Users are prohibited from conducting sales outside of Superbikezone. If a user attempts to offer or request contact information for the purpose of buying or selling outside of Superbikezone, the user will be charged a selling fee based on the total amount of the sale, even if the item does not sell.
Additional Fees:
Additional fees may be incurred if users violate our policy of buying and selling outside of Superbikezone, or if users do not meet our performance expectations. Details of these additional fees will be communicated to users as and when they apply.
Please note, the fee structure can be changed at the discretion of Superbikezone. All changes will be communicated to users in a timely manner.
12. Intellectual Property Rights
All the intellectual property rights in the Site and the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, are owned by Superbikezone or our licensors and are protected by international copyright laws. Your use of the Site and the Services grants you no rights in relation to the intellectual property owned by us or our licensors. Any infringement of our intellectual property rights will be dealt with seriously.
13. User Content and Conduct
Users may post content, including text, images, and other materials to the Site (“User Content”). Users are solely responsible for the legality, reliability, and appropriateness of their User Content. By posting User Content, you grant us a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, copy, distribute, and display that User Content in connection with the Site and the Services.
You agree not to post User Content that is illegal, offensive, abusive, infringing, obscene, or otherwise objectionable. We reserve the right, but are not obligated, to review and remove any User Content at our sole discretion.
14. Privacy Policy
Superbikezone values your privacy. By using the Site, you agree to the terms of our Privacy Policy, which is incorporated into these Terms and Conditions by reference. Our Privacy Policy describes how we collect, use, and share your personal information. We recommend you to review our Privacy Policy to understand our practices.
15. Limitations of Liability
To the extent permitted by law, Superbikezone, including our directors, employees, partners, and agents, will not be liable for any indirect, incidental, punitive, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your access to or use of or inability to access or use the Services. This limitation applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such damage.
16. Termination of Account
We reserve the right, at our sole discretion, to suspend or terminate your Account and your access to the Services, for any reason, including but not limited to, breach of these Terms and Conditions. If your Account is terminated, you will still be liable for all amounts due under your Account up to and including the day of termination.
17. Indemnity
You agree to indemnify and hold harmless Superbikezone, its affiliates, officers, directors, employees, suppliers, and licensors from any claim, liability, loss, damage, cost, or expense (including without limitation legal fees) arising out of or related to your use of the Services, your violation of these Terms and Conditions, or your violation of any third-party rights.
18. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Slovakia. Any disputes arising in relation to the Site and/or these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Slovakia.
19. Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions will remain in full force and effect.
20. Entire Agreement
These Terms and Conditions, along with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and Superbikezone concerning the Site and the Services.
21. Force Majeure
Neither Superbikezone nor you shall be liable for any delay or failure in performance under these Terms and Conditions (other than for delay in the payment of money due and payable hereunder) to the extent said delays or failures are caused by events beyond the reasonable control of a party, including but not limited to war, insurrection, strikes, lock-outs, riots, acts of god, national disasters, fire, explosion, telecommunication outages, governmental actions and any other similar events.
22. Waiver
No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Superbikezone’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
23. Assignment
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Superbikezone without restriction. Any attempted transfer or assignment by you will be null and void.
24. Compliance with Laws
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods in connection with any transaction; and that (ii) the information you supply to us is true, correct, and complete. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services and your purchase of products or services through the Services.
25. Modifications to Services
Superbikezone reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice at any time. You agree that Superbikezone shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
26. Contact Information
For any questions or inquiries regarding these Terms and Conditions, you can reach us at the contact details provided on our Site.
