Terms & Conditions
Terms & Conditions
MotoGP™ and the MotoGP™ Authentics product authentication portal (together, the “Sites”) are operated by BG Sports Enterprises Ltd t/a Memento Exclusives (“Memento”) under licence from MotoGP™ DORNA SPORTS, S.L.
Please read the following terms and conditions (the “Terms”) carefully before using the Sites. All users of the Sites agree that access to and use of the Sites are subject to the following Terms and other applicable law. If you do not agree to these Terms, please do not use the Sites.
You acknowledge that by using the Sites or purchasing any item on the Sites and acceptance of these Terms creates a binding agreement between you and us only and that we are solely responsible for any claims you or any third party may have relating to the Sites or the item. Your contract for purchase of an item will have effect from our confirmation of your purchase and ends 14 days after the date of delivery of the relevant item to you. All purchases are subject to payment card verification.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The entire content included in the Sites, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Memento. The collective work includes works that are licensed to Memento. Copyright 2003, Memento ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of the Sites for the sole purpose of placing an order with Memento or purchasing Memento products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Sites solely for your own non-commercial use, or to place an order with Memento or to purchase Memento products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Sites is strictly prohibited, unless authorized by Memento. You further agree not to change or delete any proprietary notices from materials downloaded from the Sites.
All trademarks, service marks and trade names of Memento used in the Sites are trademarks or registered trademarks of Memento or its licensors, including MotoGP.
The Sites and the materials and availability of the Sites are provided "as is" and without warranties of any kind, whether express or implied. Memento does not represent or warrant that the functions contained in the Sites will be uninterrupted or error-free, that any defects will be corrected, or that the Sites or the servers that makes the Sites available are free of viruses or other harmful components. Memento does not make any warranties or representations regarding the use of the materials in the Sites in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Memento shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the Sites or the performance of the products, even if Memento has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Whilst we try to ensure that all prices on our Sites are accurate, errors may occur. If we discover an error in the price of any item you have ordered, we will inform you as soon as possible. If the price displayed was higher than the correct price, we will refund you the difference. Where the item's correct price is less than the price stated on our Sites, we will charge the lower amount when dispatching the item to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the item to you at the incorrect (lower) price. If we are unable to contact you after making reasonable endeavours to do so, you agree that we may treat the order as cancelled. If you choose to cancel after you have already paid the incorrect price, you will receive a full refund from us.
These Terms and Conditions are applicable to you upon your accessing the Sites and/or completing the registration or shopping process. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Memento may deliver notice to you by means of e-mail, a general notice on the Sites, or by other reliable method to the address you have provided to Memento.
Your use of the Sites shall be governed in all respects by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales although you may have additional rights afforded to you under applicable consumer laws of your country of residence.
Use of Sites
Memento reserves the right to refuse service or access to the platform to anyone for any (or no) reason.
Harassment in any manner or form on the Sites, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Memento or other licensed employee, host, or representative, as well as other members or users on the Sites is prohibited. You may not upload to, distribute, or otherwise publish through the Sites any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Sites or use the Sites to solicit others to join or become members of any other commercial online service or other organization.
Orders on the Sites
All orders placed on the Sites are subject to these Terms and our returns and refunds policy (see below).
It is your responsibility to provide the correct address at which you will be able to receive the delivery and we will not be responsible for any errors made herein.
The terms and conditions of the delivery service shall be applicable to the delivery of the item. Currently, this is DHL and the relevant terms and conditions can be found on DHL’s website (www.dhl.com).
We shall not be responsible for any loss or damage from the point that the item is delivered at the address provided.
If your order has been shipped, but you have not received your order within 14 days of receipt of the shipment confirmation, please inform our customer services team so that we can raise a claim with our contracted courier company.
Only valid credit cards or other payment method acceptable to us may be used and any (if any) refunds will be credited to the same method in our discretion
You authorise us to charge your order (including all amounts dues such as taxes, shipping and other amount due hereunder) to your payment method; and will keep your payment method and information valid and accurate. If your payment method cannot be verified, is invalid, or is not otherwise acceptable, your purchase may be suspended or cancelled in our sole discretion.
You agree that we may submit charges for processing even if your payment method has expired by the time we submit it. You must resolve any problem we encounter in order to proceed with your purchase. Your contract for your payment method (e.g., your credit card agreement with your credit card issuer) governs your payment method so you should refer to that agreement (not this one) with respect to your rights and liabilities as a payment method holder (such as a cardholder). Please note that taxes may be adjusted from any amounts shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. You agree to make and keep a copy of records relating to your order such as your order confirmation page.
When you checkout online, your card details and personal information is entered on a secured page and transferred by SSL (a secure connection) to Elavon who are our secure e-commerce Payment Provider. Your card details are not stored by us.
You agree to indemnify, defend, and hold harmless Memento, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
In an attempt to provide increased value to our users, Memento may link to websites operated by third parties. However, even if the third party is affiliated with Memento, Memento has no control over these linked websites, all of which have separate privacy and data collection practices, independent of Memento. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, Memento seeks to protect the integrity of its Sites and the links placed upon it and therefore requests any feedback on not only its own Sites, but for websites it links to as well (including if a specific link does not work).
Refunds and return Policy
All orders placed on the Sites are subject to our Returns and Refunds Policy. If your order has been shipped, but you have not received your order, please notify our customer services team via telephone, in writing or email within 10 days of receipt of the shipment confirmation so that we can raise a claim with our contracted courier company.
We would strongly advise you to inspect the goods on delivery or collection. If you identify any postal damages or shortages, you must inform us in writing by telephone or email within 72 hours of the goods being delivered.
You may return goods within 14 days of the item being signed as delivered, or the delivery being confirmed by the courier for a full refund – unless you receive an incorrect item or the item is damaged or broken, you will need to pay the cost of returning the item. Upon inspection we will as appropriate repair, exchange or refund the goods or part of them.
Any orders placed between 1 December and 25 December benefit from our extended return policy and can be returned up until 10 January for a full refund/repair or replacement. All other terms apply.
You must inspect the goods on delivery or collection. If you identify any postal damages or shortages, you must inform us in writing or by telephone within 72 hours of the goods being delivered.
Please Note. We are unable to offer refunds or exchanges for personalised items, unless faulty.
We will be under no liability or further obligation in relation to the goods if:
- You fail to provide notice as set above, and/or
- You make any further use of such goods after giving notice under the clause above relating to damages and shortages and/or
- A defect arises because you did not follow our written instructions about the storage, commissioning, installation, use and maintenance of the goods; and/or
- A defect arises from normal wear and tear.
How to return your order
It is your responsibility to ensure that all returns are packaged securely to prevent any damage in transit whilst being returned back to us and where possible in the original packaging. We will not accept any responsibility for any loss/damage or breakages in addition to your original fault during transit of the return. We ask that you raise this independently with the courier company and will assist with any photographic evidence as required.
We always recommend that you send recorded delivery and inform us of the tracking number.
Complaints and Comments
If you have any complaints or comments about our Sites or any of the products supplied to you, please contact us through the Contact Us section on the Sites. Alternatively, you can call us Monday-Friday between 9am and 5pm local UK time. UK customers should call 01327 831536 Customers from outside the UK should call +44 (0) 1327 831536 or email our Customer Service Manager at [INSERT EMAIL] All complaints will be acknowledged within 2 working days of being received, either by telephone or in writing.
Customs and Duty
Unless otherwise stated, all items are shipped from the United Kingdom and may incur duty and other charges upon entering other countries. Any duty, clearance, tax or carrier charges must be borne by the recipient and we will not accept liability for any such costs.
We are unable to advise what the thresholds and rates are for other countries as these are determined by the respective governments and can vary significantly between countries and even items. If upon delivery there are any additional charges due our carrier will contact you to arrange payment.
Different Stock Availability: if you have selected items with different availability times then we will despatch your order when all items are ready.
Despatching of Orders: although we try to process and despatch your order on the day of order, this may not always be possible, for the following reasons:
- a) products on pre-order or products that are not in stock at the time of ordering will despatched in the period specified on the Sites; or
- b) sometimes we may need to make additional checks on your payment card which could delay your order. This is to reduce the risk of fraud.
Personalised items - items requiring personalisation for example with additional name, numbering and badges added may take an extra 3-5 days before they are ready to be despatched.
You agree not to take any action that would violate applicable laws.
To report a violation of these Terms, please contact us.