DISTANCE SELLING AGREEMENT
Article 1: Parties Of The Agreement
Bay4 Brothers LLC
1603 Capitol Ave. Suite 310 A364
Cheyenne, Wyoming 82001 USA
(307) 219 0111
This Distance Selling Agreement is executed by and between Bay4 Brothers LLC (“Bay4Brothers” “We” “Our”) and the customer (“Buyer” “Customer” “Member” “You”) logged into the Website https://www.Bay4Moto.com or https://www.Bay4Brothers.com and/or the Member customer at the time of approval by the Member in the electronic environment concerning the utilization of the Website.
The Member agrees and declares that she/he has already read the Membership Agreement and Distance Selling Agreement entirely and understand the content of the Agreement completely and approve all the provisions of the same through login to the Website and/or become a Member.
To make purchases on the Site, you will be required to provide your details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
Article 2- Subject of The Agreement
The subject of this Agreement is to determine the rights and liabilities of the parties by virtue of the Law on the Protection of Consumers, No.6502, and the provisions of the Basis and Procedures of the Distance Contracts Regulations in regard to the sale and delivery details of the goods and services that are mentioned with their prices and basic characteristics at https://www.Bay4Moto.com or https://www.Bay4Brothers.com (hereinafter “the Website” or the Site”) owned by the Seller.
The buyer agrees and declares that he/she/it is clearly informed by the Seller and aware of the seller’s name, title, address, phone, and other contact information and the basic characteristics of the goods/services subjected to sale, sale price, customs taxes/fees/ duties, terms of payment, terms of shipping and delivery, etc.
With this agreement, the buyer is aware of all necessary preliminary information about official authorities where to submit complaints and raise an objection about goods/services subjected to sale and right of withdrawal including how to avail him/her/itself of this right.
The buyer confirms preliminary information through the electronic media and later places orders for goods/services according to the provisions of this Agreement. The preliminary information on https://www.Bay4Moto.com or https://www.Bay4Brothers.com / web site and the invoice which is issued upon an order placed by the buyer are the integrated part of this contract.
This agreement is valid if you purchase from this web site.
Article 3- Subjects of The Agreement / Products / Payment / Pricing Policy / Handling & Shipping & Delivery Information
3.1 Products: The types, quantities, models, colors, sales prices of the Products are as provided on the web site.
All orders are subject to acceptance and availability, and items in the buyer’s shopping basket are not reserved and may be purchased by other customers.
Bay4Brothers offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, we may be waiting for shipments from our suppliers.
3.2 Payments: Bay4Brothers accepts Visa, MasterCard and Debit Cards via Wix.com or PayPal Secure Payment System. Payment will be debited and cleared from your account upon acceptance of your order by the Payment System. The buyer confirms that the credit/debit card that is being used is his/her or that buyer has been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Bay4Brothers, The Bay4Brothers will not be liable for any delay or non-delivery.
To help ensure that your shopping experience is safe, simple, and secure, Bay4Brothers uses Secure Socket Layer (SSL) technology and PAYPAL is the most reliable Secure Payment System. We take legal responsibility to keep the details of your order and payment secure but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Once the buyer’s order has been placed and payment completed, the buyer receives an email acknowledging the details of his/her order.
The person who will be billed is required to be the same as the person who makes this contract. The requested information must be accurate and complete. The buyer accepts to indemnify all the loss and damages fully caused by giving missing or wrong information including all the responsibilities accordingly.
The Seller reserves the right to suspend or terminate the order when deemed necessary if the information provided by the buyer does not match up with reality. In the case of finding out a problem concerning an order or failing to reach the buyer by phone, email and mail address provided by the buyer; then the Seller shall have the right to suspend the order processing for 15 (fifteen) days. It is expected that the buyer will contact the Seller during such a period. If there is no response from the buyer during this time, then the Seller shall cancel the related order to prevent damage to both sides.
3.3 Pricing Policy: Product prices are written in the product listings on the site. We can, anytime, make promotions, markdown prices in the listings. This does not give any former customers any right to their sale prices.
Products are shipped from Istanbul, Turkey by Bay4 Global Motorcycle Automobile Ltd on our behalf, where we have them produced. When packages are shipped internationally, they may be subject to import taxes, customs duties, and/or fees imposed by the destination country. These charges will typically be due once the shipped goods arrive at the country of destination. Buyers are responsible for ensuring to comply with laws and regulations of the country of destination. Bay4Brothers does not have any responsibility for these additional charges that may apply.
Please note that certain countries may require certain documentation before the items are sent. If the necessary information is not provided, this may result in delays in the order.
3.5 Handling & Shipping & Delivery: The shipping terms and delivery information of the Products are as provided on the web site. The conditions stated in the agreement are general. The handling, shipping and delivery information stated on the product list may differ from the general provisions. In this case, the conditions on the product list shall apply.
Handling Time: 1 or 2 business days
Carrier Name and Service: DHL Express / UPS Express or Express Saver
Sometimes, due to addresses locations of customers, DHL and UPS want to charge an extra fee for "Remote Area Delivery". These locations are unknown in advance. When the recipient's address is at the remote location, the order is sent by Official Post Office. And the delivery time may be longer than planned.
Tracking Number: Will be provided by us. We also track all of our shipments from the beginning to delivery
Delivery Termin: 1-3 Business days for US and EU countries, 2-5 business days for the other countries. Customs procedures and shipping to rural areas are excluded.
The delivery period can be extended in the case that the delivery address is among those the cargo company delivers in a day throughout the week, that delivery information is incorrect or missing, and that some social or natural events like natural disasters. These extensions do not bring any responsibilities to the seller. The seller is not responsible for any situations that the ship to person reject to take the delivery, extra cargo expenses because the shipped person is not available in the time of delivery and misinformation about the delivery address.
In the case of damaged packages, the buyer should contact us and send pictures than we may send a new item.
Import duties, taxes, VAT and charges aren't included in the item price or postage cost. These charges are the buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be before buying.
Since the customs taxes, fees or duties are not intended to be paid and the product is not taken from customs or the buyer does not want the product and refused the delivery because of those taxes/fees/duties, all subsequent expenditures and payments are deducted from the payment of the buyer before refund.
The product(s) shall be delivered to the address of the buyer by the cargo company the seller agreed. We do not ship to P.O Box. The buyer must provide an exact address in the Latin alphabet and include his/her phone number and also the email address.
Article 4- Contract date and Force Majeure:
Contract Date is the date of the order placed by the buyer.
Natural disasters, war, terrorism, riots, changed legislation, confiscation or strike, lockout, significant breakdown in the production and communication facilities, etc. as well as reasons beyond the reasonable control of the Parties, and which did not exist or could not have been anticipated at the signing date of this Agreement, which prevent and/or delay either or both of the Parties performing their obligations in full or partial hereunder shall be deemed as a force majeure event. The Party faced with a force majeure event shall immediately notify the other Party in writing. The performance of the Parties shall be suspended throughout a force majeure event.
The Parties shall not be liable to perform their obligations fully and promptly due to the force majeure. If a force majeure event continues for 30 (thirty) days, either Party shall have the right to unilaterally terminate this Agreement.
Article 5- General Conditions
5.1 By placing an order, the buyer acknowledges and undertakes that she/he/it has confirmed provisions of this agreement and shall make all payments complying with the method of payment specified by this agreement.
5.2 The buyer agrees and declares that he/she/it aware of the seller’s name, title, address, telephone, and other contact information and the basic characteristics of the goods/services subjected to sale, sale price, the responsibility of VAT/taxes/fees/duties, terms of payment, terms of shipping and delivery, etc.
5.3 The cargo fee shall be paid by the buyer. The cargo fee may be included in the product’s price or charged separately in the listings. The Seller may not be held liable for any failure of delivery of the ordered product to the buyer for any reason whatsoever which is not attributable to the Seller.
5.4 The Seller is liable for the delivery of the Products fully and completely, as the products stipulated in the listings.
5.5 If it will become impossible to conduct the delivery of the product(s) subject to the Contract, the seller will inform such a situation to the buyer within the period of performance stipulated in the Contract and refund the collected amount from the buyer to him/her in a single amount immediately.
5.6 It is required to confirm the preliminary information form via the electronic environment for the delivery of the Products. The seller shall be released of its obligations hereunder in the event of non-payment of the price of the Products.
5.7 If the relevant bank or financing institution will not pay the price of the products to the seller due to any unfair or illegal use of the credit cards provided, the buyer shall return the product delivered to him/ her to the seller within 3 days. The cargo fees related to such return shall be borne by the buyer.
5.8 The seller will inform the buyer about any failure of delivery within the prescribed period due to any force majeure conditions including extremely adverse weather and interruptions in transportation. In such a case, the buyer may choose any of the following: (i) cancel the order, (ii) postpone the delivery of the products until the ceasing of the force majeure condition. In the event of cancellation of the order by the buyer, the price of the products shall be refunded to the buyer in the same way collected. Since there will be a banking process related to the refund transaction, the buyer hereby understands and agrees that the seller will not be able to control any delays and accordingly and shall not be held liable for the period from the refund of the amount to the credit card and its reflection in the card account by the bank.
If the buyer will use his/her cancellation right, or if the product subject to the Contract may not be supplied for any reason, the refund procedure of the amount to the credit card shall be as following:
In the event of a return of the goods and services paid through a credit card, the seller may not refund the collected amount in cash according to its agreement with the bank or payment institute. A refund will be made as a reverse transaction of collecting product prices, by the seller in a single amount.
In the payments performed through the payment of bank transfer / EFT transfer, the return will be performed through bank transfer to the designated bank account of the Client (the account holder must be the person named in the invoice).
5.9 When the buyer decides to return a product, he/she agrees and undertakes that a returned product must be unused and in the same condition and original packaging with the invoice as proof of purchase in which he/she received it.
Article 6- Terms Relating to Product Return and Right of Withdrawal
The buyer can return items within 30 (thirty) days after the delivery date, for the reasons below;
-Doesn't work or defective,
-Doesn't match description or photos,
-Wrong item sent,
-Missing parts or pieces,
For those, the buyer should notify the seller via an email to Bay4Brothers@gmail.com or info@Bay4Moto.com including pictures of the item. Bay4Brothers should respond on the same day for acceptance of the return.
The item should be returned in good condition, in the original package, and with the invoice, within 7 (seven) days after accepting the email of the seller.
When the product and the bill are reached to the seller, a full refund of the item price is made. No refund of payment shall be made unless the product is returned.
We do not accept returns for the reasons other than above like purchased mistakenly etc. because of the reasons for customs regulations.
For a smooth return & refund transaction, It is required that;
(i) the invoice;
(ii) The product must be unused
(iii) No missing part, the product must be complete
(iv) The product must be in original condition
(v) The product must be in original package
Article 7- Guarantee
The products are under guarantee for 2 (two) years for any kind of manufacture damage.
Article 8- Privacy
Any information related to credit cards shall not be retained on our site. It will be only safely transmitted to the PAYPAL Payment System and/or bank to make provision. Other information you provided (email address, mail address, phone number, etc.) will not be shared with third parties and will be serving in standard product delivery and informing procedures.
The seller can only reveal this information in the case of a legal obligation. The seller keeps the right to reveal this information to the legal authorities in the case of an inquest. The seller sometimes can use the contact information of the customer to inform the customer about the campaigns and promotions made by the brand after having the approvement of the customer.
Article 9- Customer Service of the Seller
You can access the vendor's customer service from these options.
+1 (307) 219 0111 (for calls & WhatsApp)