Terms of sale

1. Who we are

Motravax OÜ, registry code 17460792, registered at Harju maakond, Tallinn, Kesklinna linnaosa, Tartu mnt 82, 10112, Estonia (“we”, “us”). Contact: motravax@inbox.eu, +44 7476 690352.

2. This website is not a shop

Nothing on this website is an offer capable of acceptance. Descriptions of equipment categories are indicative and do not constitute a public offer, a guarantee of availability, or a commitment as to specification or price.

3. Enquiries and offers

1. You send an enquiry describing what you need.
2. We reply with a written offer stating the goods, quantities, unit and total price, taxes, lead time, delivery terms and the period for which the offer is valid.
3. The contract is formed when you accept that offer in writing and we confirm the order. Until then, either side may walk away at no cost.

4. Prices and payment

Prices are those stated in the accepted offer, in the currency stated there. Unless the offer says otherwise, prices exclude delivery, installation and any duties or taxes payable at the destination. Payment terms, including any advance payment, are set out in the offer and the invoice.

5. Delivery, risk and title

Delivery terms and the delivery window are those stated in the offer. Lead times are estimates given in good faith and may be affected by supplier or carrier circumstances outside our control; we will inform you promptly of any material change.

Risk in the goods passes in accordance with the delivery term agreed in the offer. Where the buyer is a consumer, risk passes when the consumer or a carrier chosen by the consumer takes physical possession of the goods. Title to the goods remains with us until payment has been received in full.

Please inspect goods on arrival. Visible transport damage or a shortage should be noted on the carrier's documentation where possible and reported to us without undue delay so that we can pursue the carrier.

6. Conformity and remedies

We supply goods that conform to the description in the accepted offer. Where the buyer is a consumer, the statutory conformity rules of the Law of Obligations Act apply, including the two-year liability period for lack of conformity existing at the time of delivery, and the hierarchy of remedies — repair or replacement first, and a price reduction or termination where those are not available or fail.

Where the buyer is a business, defects should be notified within a reasonable time of discovery, and our liability is limited as set out in section 9.

Any manufacturer's commercial guarantee offered with specific goods is additional to, and does not limit, these statutory rights.

7. Consumer right of withdrawal

Where a contract is concluded at a distance or off-premises with a consumer, that consumer may withdraw within 14 days of taking possession of the goods, without giving a reason, by an unequivocal statement sent to motravax@inbox.eu.

Goods must be returned without undue delay and in any event within 14 days of the withdrawal statement. Unless we have agreed otherwise, the consumer bears the direct cost of return, which may be substantial for bulky equipment. A consumer is liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods. We refund payments received, including standard outbound delivery, within 14 days of receiving the goods back or of proof of return, whichever is earlier.

The right of withdrawal does not apply to goods made to the consumer's specification or clearly personalised, in accordance with the statutory exceptions. Business buyers have no right of withdrawal.

8. Cancellation and changes by the buyer

Business orders may be cancelled or amended only with our written agreement. Where goods have already been ordered from a supplier, produced to specification or dispatched, we may charge the costs reasonably incurred.

9. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for intentional or grossly negligent breach, for fraud, or for any liability that cannot lawfully be limited — including a consumer's statutory rights.

Subject to that, in contracts with business buyers our aggregate liability arising out of or in connection with a contract is limited to the price paid for the goods giving rise to the claim, and we are not liable for loss of profit, loss of revenue, loss of business or indirect or consequential loss.

10. Safe use

Gym equipment must be installed, maintained and used in accordance with the documentation supplied with it. Responsibility for safe installation on site, for the suitability of the floor and the building, and for supervision of users, rests with the buyer or the operator of the facility, unless we have expressly agreed otherwise in writing.

11. Force majeure

Neither party is liable for failure or delay in performance caused by circumstances beyond its reasonable control. If such circumstances continue for more than 60 days, either party may terminate the affected order and we will refund any amounts paid for goods not delivered.

12. Personal data

Personal data provided in connection with an enquiry or an order is processed as described in our privacy notice.

13. Governing law and disputes

These terms and any contract formed under them are governed by Estonian law. Where the buyer is a consumer resident in another EU Member State, this choice does not deprive that consumer of the protection of mandatory provisions of the law of their country of residence.

We aim to resolve complaints directly — write to motravax@inbox.eu. A consumer may also refer a dispute to the Consumer Disputes Committee of the Estonian Consumer Protection and Technical Regulatory Authority (ttja.ee). Disputes with business buyers are subject to the jurisdiction of Harju County Court, Estonia.

14. Changes to these terms

We may revise these terms. The version in force is the one published here on the date your offer is issued; changes do not affect orders already confirmed.