Menu
TABLE OF CONTENT
PREAMBLE
PART I – GENERAL TERMS FOR USE OF THE WEBSITE AND RECEIPT OF THE SERVICES
PART II – PURCHASE AND SERVICE TERMS
PART III – PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Last Updated: March 23, 2022
PREAMBLE:
Welcome to Motiva, and we conceive and create unique items of art generally referred to herein as “items,” and we are engaged in the selling of such items through the website you are currently using, hosted in http://motiva.art (the “Website”). We are also engaged in providing certain services with respect to such sold items, via email, e-chats, phone, and by any other means we may publish as available from time to time and at our discretion (such means, collectively with the Website: the “Platform(s)”).
When we use the terms “we”, “us”, “our” or “Motiva”, we refer to A.R. Head Ventures Ltd., an Israeli limited liability company, and when we use the terms “you”, “your” or “yours” we refer to you, a visitor of the Website, a purchaser of items and/or recipient of services from Motiva in connection with any sold items (the “Services”).
These terms and conditions are comprised of three parts:
We may refer to the General Terms, the Purchase and Service Terms and the Procedure for Making Claims of Intellectual Property Infringement collectively, as the “Terms”.
These Terms are a legally binding agreement between you and us. Within the General Terms and the Purchase and Service Terms, we will reference to information contained in our Privacy Policy. We strongly recommend reviewing our Privacy Policy in conjunction with the other sections of these Terms. We may revise these Terms and/or the Privacy Policy, or any part thereof, at any time, by publishing revised versions on the Website. If you access the Website or use the Services, or continue accessing the Website or using the Services after these Terms and/or the Privacy Policy (or any portion thereof) has changed, you confirm that you have read, understand and agree to be bound thereby. Since these Terms and the terms of our Privacy Policy are binding upon you, we recommend you read through and become thoroughly familiar with each such amendment.
If you agree to be bound by these Terms and the Privacy Policy, you have the right to use the Website and the Services; otherwise you may not use the Website and/or the Services, in whole or in part.
COMMUNICATIONS: Motiva may allow you to subscribe to receive notices and other communications, through the Platforms, and through other means used by Motiva (as described below) from time to time (collectively, “Communications”). Communications may include (without limitation) information on future sales of items, designed, manufactured and/or promoted by third parties (such as Motiva Contributors), and/or on special sales Motiva will conduct. The Communications shall be made by any lawful means, including without limitation, automatic telephone dialing systems, MMS, SMS or other technology. You may be required to respond to an initial message as instructed to confirm your consent to receive subsequent Communications. The enrollment process may include information regarding the approximate frequency of Communication you can expect to receive, as well as an option to cancel your enrollment. You may also cancel your enrollment at any time by sending a request to contactus@motiva.art (with details sufficient to allow Motiva to comply with such request). If you choose to cancel any means of Communication, you agree to receive a final text message, email or other Communication confirming such cancellation. In the event you change or deactivate your mobile telephone number, you agree to promptly notify us in order to ensure that your messages are not sent to the person who acquires your old mobile phone number. Your consent to receive Communications is not required as a condition of access to the Website and/or purchase of any items offered through the Website, as further described under the Purchase and Service Terms. Motiva will not charge you for receiving the Communications. However, your mobile carrier’s standard message and data rights may apply. Certain Communications and/or features may be prohibited, restricted or unsupported by some mobile carriers or devices. Motiva is not liable for any delays in the receipt of, or any failure to receive, any Communication, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Communication and use of any and all Communications is subject to our Privacy Policy.
NOTICE REGARDING DISCLAIMERS AND LIMITATION OF LIABILITY PROVISIONS: Please note that some jurisdictions may not allow the exclusion of implied warranties, or limiting Motiva’s liability. Please review your local laws for any restrictions or limitations regarding the exclusion of implied warranties or the limitation of such liability. If you are resident of such jurisdictions, then some or all of the following sections may not apply to you, or their scope may be limited by law: “NO WARRANTIES; DISCLAIMERS – PLATFORMS AND SERVICES,” “LIMITATION OF LIABILITY – PLATFORMS AND SERVICES,” “NO WARRANTIES; DISCLAIMERS – ITEMS,” “NO WARRANTIES; DISCLAIMERS – ITEMS,” AND “INDEMNIFICATION”. In such an event, the minimal requirement by law shall apply.
NO WARRANTIES; DISCLAIMERS – PLATFORMS AND SERVICES: The Platforms and the Services are provided “as is,” “with all faults and errors” and on an “as available” basis. Motiva gives no express or implied statutory warranties, guarantees, or conditions in relation to the Website and/or the Services, including with any Communications provided to you by Motiva. Statutory warranties of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement or otherwise, as well as any warranties regarding security, reliability, timeliness, accuracy, and performance of the Platforms and/or the Services, are also expressly disclaimed – to the fullest extent permitted by law.
Use of the Platforms and the Services and any action performed based on, or in connection with, any Communication, is exclusively at your sole risk. Information regarding items presented for sale, on identity, experience, statute and/or reputation of any individual are provided by third parties, and Motiva is not responsible if such information is inaccurate or incomplete. Any reliance upon the material of this Website and/or transmitted through any Platform (including, without limitation, in any Communication) shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this Website and/or transmitted through the Platforms.
Without derogating from any of the aforesaid, you acknowledge and agree that Motiva is not and shall not be responsible for the availability of the Third-Party Providers’ infrastructure or services, nor shall Motiva be responsible or liable for any damage caused to you due to any act or omission on behalf of such Third-Party Providers or your use of their services.
LIMITATION OF LIABILITY – PLATFORMS AND SERVICES: Under no circumstances shall Motiva, its affiliated and related entities, its and their suppliers, or their respective directors, officers, employees, or agents, be liable for direct, indirect, incidental, punitive, special, consequential or exemplary losses or damages (including loss of use, data, business or profits), resulting from any aspect of your use of the Platforms and/or Services, including, without limitation, losses or damages that may arise from the use or misuse of, reliance on, or inability to use the Platforms and/or Services or arising out of any error or bug therein, and/or for losses or damages that may arise from the interruption, suspension, modification, alteration, or termination of any Platform and/or Services – with respect to all – whether such liability arises from a claim based upon contract, tort or otherwise, and whether Motiva has been advised of the possibility of such losses or damages.
Motiva shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation, acts or omissions of third-parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, local or global pandemic or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
NO WARRANTIES; DISCLAIMERS – ITEMS: Each item sold via the Website is sold and provided “as-is”, with no Implied or express warranties, other than the warranties explicitly provided under the Product Warranty. Accordingly, except as set forth under the Product Warranty, Motiva makes no representation or warranty with respect to any item available or sold on the Website and Motiva expressly disclaims all warranties, express or implied, of any kind with respect to such items, including without limitation, implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY – PRODUCTS: Under no circumstances shall Motiva, its affiliated and related entities, its and their suppliers, or their respective directors, officers, employees, or agents, be liable for direct, indirect, incidental, punitive, special, consequential or exemplary losses or damages (including loss of use, data, business or profits), arising in any way out of any item available or sold through the Website, or provided through the Services, including, without limitation, losses or damages that may arise from the use or misuse of, reliance on, or inability to use any item or arising out of any error or bug therein, and/or losses or damages that may arise from the interruption, suspension, modification, alteration of any item – with respect to all – whether such liability arises from a claim based upon contract, tort or otherwise, and whether Motiva has been advised of the possibility of such losses or damages.
If, notwithstanding the other provisions of these Terms, Motiva is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Platforms and/or Services, or the purchase of any item, Motiva’s aggregate liability shall in no event exceed the lesser of (i) the cost of the item with respect to which losses or damages are sought, or (ii) US$100.
If you believe Motiva has breached any statutory warranty, you can reach our customer service on any issues at: contactus@motiva.art.
INDEMNIFICATION: You undertake to indemnify and hold harmless Motiva and its subsidiaries, affiliates, officers, directors and employees, from and against any and all liability, losses, claims, damages and expenses, including but not limited to reasonable attorney’s fees and costs of litigation, caused as a result or in relation to your breach of these Terms and/or your use of the Platforms and/or Services.
TERMINATION: If Motiva believes that you are making unauthorized use of the Platforms and/or Services, that your conduct or content damage or would tend to damage Motiva’s reputation and/or goodwill, or that you are otherwise in violation of these Terms, it may suspend or terminate your access to Services and/or Platforms, with or without notice, and without derogating from its rights herein or under law. Such action may result in a loss of your data. Without derogating from the foregoing, Motiva may terminate or suspend the Services and/or the Platforms, with or without reason or notice, as it deems necessary or appropriate. Motiva may block your email address and Internet protocol address to prevent further access to the Platforms and/or Services.
SURVIVING SECTIONS: The Sections titled “no warranties; disclaimers – platforms and services,” “limitation of liability – platforms and services,” “no warranties; disclaimers – items,” “no warranties; disclaimers – items,” and “indemnification,” “intellectual property rights” and “governing law and jurisdiction” and the other provisions herein that preserve Motiva’s rights in and with respect to the Platforms and the Services, will survive any termination or expiration of these Terms.
GOVERNING LAWS AND JURISDICTION: Other than explicitly provided herein, these Terms shall be treated as though executed and performed in the State of Israel and shall be governed by and construed in accordance with the laws of the State of Israel (without regard to conflict of law principles). In the event of a dispute arising under or related to these Terms that cannot be resolved amicably between the parties, the competent courts of Tel-Aviv, Israel, shall have exclusive jurisdiction of any such dispute.
ASSIGNMENT: Motiva Creative Ltd.A.R. Head Ventures Ltd. may assign, at its sole discretion, these Terms, or any of its rights and/or obligations hereunder, to any third-party, without giving you prior notice and without obtaining your consent, including, and without limitation, in the framework of any reorganization or merger of Motiva Creative Ltd.A.R. Head Ventures Ltd., or acquisition of Motiva Creative Ltd.A.R. Head Ventures Ltd. or its assets. In any event of assignment as aforesaid, all the provisions of these Terms shall apply to the assigned party, mutatis mutandis. You may not assign or transfer your rights and obligations under these Terms.
ENTIRE AGREEMENT: These Terms are the entire agreement between you and Motiva and replace any prior agreement of understanding between you and Motiva in relation to the Platforms and Services. Any waiver of any provision of these Terms, will be effective only if in writing and signed by the waiving party.
PART II – PURCHASE AND SERVICE TERMS
GENERAL: As mentioned above, this chapter of Purchase and Service Terms applies to you, if you have elected to purchase any items offered for sale on the Website. Please read these Purchase and Service Terms carefully before ordering items from this Website or otherwise committing yourself to any purchase. By ordering any item, you indicate that you consent to the Purchase and Service Terms below and state that you are competent to enter into legally-binding contract with Motiva, for the purchase of such item.
PURCHASING PROCESS; SUBMITTING OFFERS: Subject to the terms of purchase applicable to each item, you may purchase an item offered by Motiva via the Website.
ITEMS’ DESCRIPTION: Motiva attempts to be as accurate as possible. However, we do not warrant that any item’s description or other content associated with any item is accurate, complete, reliable, current, or error-free. Moreover, items may be partial or incomplete and any visual or other item description presented on the Website, may be “work in progress.”
ITEM CONDITION: As stated above, some items presented for sale on the Website are in the preliminary ongoing creation stage. Motiva may offer items for sale, in an uncompleted and “work in process” stage, where the end result may vary substantially from the original preliminary or on-going stage presented on the Website.
Additionally, all items images and descriptions presented on the Website are shown for entertainment purposes only and may not be wholly representative of the items and their features. Items may have variations (including substantial variations), including but not limited to, variations in color, size and packaging, from the images shown on the Website.
If you decide to order any item, you are aware that the item eventually provided to you may be substantially different from the item you have elected to purchase when committing to the order, and you agree that such election is at your own, sole and exclusive risk, and that (as stated below) sales of items are non-refundable and non-cancellable.
YOU ARE RESPONSIBLE FOR READING THE FULL ITEM LISTING BEFORE COMMITMENT TO BUY.
PURCHASE OF ITEMS: The terms of the purchase of items via the Website may change from time to time. The material details applicable to the purchase with respect to each item, will be presented on such item’s page on the Website.
FORMATION OF INDIVIDUAL CONTRACTS: Each order of item(s) you make through the Website, an individual and separate offer to enter into a purchase offer with Motiva is made, and it is subject to these Terms. Motiva is free to either accept such orders or to reject them by sending you a statement to that effect. No binding contract to purchase any item is formed until Motiva has accepted your offer or approved your offer to purchase, and you are not eligible to withdraw from any offer to purchase any item, without Motiva’s prior written consent. It is being clarified that your receipt of an order confirmation (whether via email or any other form of Communication) does not constitute Motiva’s acceptance of an order. Prior to, and as a condition of, acceptance of an order, verification of information and approval of the order may be required. Motiva reserves the right at any time after receipt of your order to accept or decline your order, even after your receipt of such order confirmation from Motiva, for any reason.
PRICES: All prices displayed on the Website are quoted in United States Dollars or New Israeli Shekels. For users purchasing outside of the United States or Israel, exchange rates are determined by the User’s financial institution. Motiva does not have any control over the exchange rates applied to any particular transaction. PLEASE BE ADVISED THAT CURRENTLY, MOTIVA DOES NOT PROVIDE SHIPPING OR ANY OTHER SERVICE TO USERS PURCHASING OUTSIDE OF ISRAEL, THE UNITED STATES OR CANADA. Motiva may (if you did not restrict or prohibit Communication in any way), without incurring any obligation to do so, send Communications regarding items offered for sale from time to time. Motiva is under no obligation to provide such Communications.
SHIPPING: Motiva may restrict delivery of items to addresses located in Israel, the United States or Canada, outside of Israel, the United States or Canada or certain territories in Motiva’s sole discretion. Motiva may add shipping and handling fees and applicable sales/use, and/or value added taxes tax to the price of items purchased, and these costs will be presented before you commit to the purchase. Items offered on the Website are available only while supply lasts or as designated on the item page. Motiva reserves the right to limit items’ orders to a maximum number of items per user (including per shipping, billing address, payment method or other identifying information), as determined by Motiva in its sole discretion. Descriptions of, or references to, items offered by Motiva do not constitute a warranty or representation, by Motiva.
Items sold via the Website are usually shipped within 30 business days. To the extent shipping costs apply to any item you purchase, such costs are shown on the Website, and are charged in addition to the price of the items, import charges, value added taxes, sales and other state or federal taxes, when and as applicable. Shipping and handling fees include, among other things, labor costs to receive, select and package the item for shipment, the costs of packaging and other supplies, internal (overhead) costs to process the other and fees paid to the carriers who ship and deliver the item to you, so the shipping and handling fee may exceed the actual fee paid by Motiva to its carriers to send the item to you. Tax may be assessed on the shipping and handling fee in certain states, where applicable.
If the items purchased cannot be shipped within 30 business days following the day after your order has been finally approved by Motiva, Motiva may withdraw from any approved purchase order, even if Motiva previously confirmed that Motiva had entered into such order. If Motiva withdraws from such order, you will be informed that the items are not available, and you will be reimbursed for the consideration you have already provided. In any event and without limiting the other restrictions herein – Motiva is not liable for any delay of item supply caused by, or due to any failure of, any Third-Party Provider.
ITEM AVAILABILITY: Items are available as long as they are in stock, and any indication on the Website as to the status of any item’s stock shall not be binding, and there is no liability for lack of items in stock or for items not being available. Items may not be in reserve. Motiva reserves the right to change the items offered on the Website at any time without notice and to limit the number of items that you may purchase. In any event, Motiva may approve and deliver to your partial purchase orders, at its discretion and without providing any notice.
TITLE AND RISK; SALES ARE FINAL: The Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the you and Motiva. The risk of loss and title for all items shall pass to you upon Motiva or Motiva’s carrier’s delivery to the carrier for shipment.
ALL SALES ARE FINAL, AND ALL ITEMS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THERE ARE NO REFUNDS ON ITEMS PURCHASED VIA THE WEBSITE, AND THE ENTIRE RISK AS TO THE ITEM PURCHASED IS ASSUMED BY YOU.
No additional warranties are provided in addition to the above and these shall be your sole remedies with respect to any damage, defect, or malfunction of any item.
PROHIBITED ACTIONS: In addition to the other actions prohibited by these Terms, it is being clarified that any commercial resale or distribution of items sold on the Website is strictly prohibited.
PAYMENT MEANS: Orders can be placed and payments may be made by using means made available by Motiva from time to time, in its sole and absolute discretion. Such payment means may include, without limitation, credit cards and/or PayPal accounts (the “Payment Means”). All Payment Means are provided by Third-Party Providers, and any disclaimer provided in these Terms with respect to such Third-Party Providers, applies when you use the Payment Means. If the institution operating any Payment Means refuses to make payment to Motiva, Motiva is not liable for delays or for failure to deliver any purchased item.
AFTER SALE SERVICES: For any after-sale services, please contact: contactus@motiva.art.
For removal of any doubt, the provisions of Part I – General Terms for Use of the Website and Receipt of the Services, apply to the provisions of this Part II – Purchase and Service Terms.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS WITH RESPECT TO MOTIVA ITEMS PURCHASED FROM US (FOR THE PURPOSE OF THIS WARRANTY EACH SUCH ITEM SHALL BE REFERRED TO HEREIN AS: “PRODUCT”), AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE LIMITED WARRANTY CAN ALSO BE FOUND ONLINE AT HTTPS://motiva.art/TERMS-CONDITIONS/ AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCT.
WE WARRANT THAT DURING THE WARRANTY PERIOD DEFINED BELOW, THE PRODUCT WILL BE FREE FROM ANY MATERIAL DEFECTS, IN MATERIALS AND WORKMANSHIP. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCT, IS LIMITED, AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.
WHO MAY USE THIS WARRANTY?
We extend this limited warranty only to you, meaning the consumer who originally purchased the Product. It does not extend to any subsequent owner or other transferee of the product.
WHAT DOES THIS WARRANTY COVER?
This limited warranty covers defects in materials and workmanship of the Product for the Warranty Period as defined below.
WHAT DOES THIS WARRANTY NOT COVER?
This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the Product instructions provided on our User Guide, or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
WHAT IS THE PERIOD OF COVERAGE?
This limited warranty is limited to the following periods (the “Warranty Period“):
(a) The general Product Warranty Period starts on the date of your purchase and lasts for a 24-month period, and thereafter it expires; and
(b) The Warranty Period for the Product batteries starts on the date of your purchase and lasts for a 24 month period, and thereafter it expires.
The Warranty Period is not extended if we repair or replace the Product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?
With respect to any defective Product during the Warranty Period, we will, in our sole discretion, either: (a) repair or replace such product (or the defective part) free of charge or (b) refund the purchase price of such Product. We will also pay for shipping and handling fees to return the repaired or replacement Product to you if we elect to repair or replace the defective product.
HOW DO YOU OBTAIN WARRANTY SERVICE?
To obtain warranty service, you must email our Customer Service Department at __________________ during the Warranty Period, providing such materials and evidences (such as photos or videos of the Product or any alleged defects) and obtaining a Defective Merchandise Authorization (“DMA“) ticket number. No warranty service will be provided without a DMA number and providing the materials and evidences requested by our Customer Service Department.
LIMITED WARRANTIES
Except as explicit ally provided herein, We do not provide any additional implied or express warranties, and We explicitly and to the maximum extent permitted by law, disclaim all warranties, express or implied, of any kind with respect to such items, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WHAT CAN YOU DO IN CASE OF A DISPUTE WITH US?
The following informal dispute resolution procedure is available to you if you believe that we have not performed our obligations under this limited warranty: filing law suit against us, in the competent courts located in Tel-Aviv, Israel, as provided under our general terms and conditions.
MOTIVA LIMITED WARRANTY
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS WITH RESPECT TO MOTIVA ITEMS PURCHASED FROM US (FOR THE PURPOSE OF THIS WARRANTY EACH SUCH ITEM SHALL BE REFERRED TO HEREIN AS: “PRODUCT”), AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE LIMITED WARRANTY CAN ALSO BE FOUND ONLINE AT HTTPS://motiva.art/TERMS-CONDITIONS/ AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCT.
WE WARRANT THAT DURING THE WARRANTY PERIOD DEFINED BELOW, THE PRODUCT WILL BE FREE FROM ANY MATERIAL DEFECTS, IN MATERIALS AND WORKMANSHIP. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCT, IS LIMITED, AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.
WHO MAY USE THIS WARRANTY?
We extend this limited warranty only to you, meaning the consumer who originally purchased the Product. It does not extend to any subsequent owner or other transferee of the product.
WHAT DOES THIS WARRANTY COVER?
This limited warranty covers defects in materials and workmanship of the Product for the Warranty Period as defined below.
WHAT DOES THIS WARRANTY NOT COVER?
This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the Product instructions provided on our User Guide, or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
WHAT IS THE PERIOD OF COVERAGE?
This limited warranty is limited to the following periods (the “Warranty Period“):
(a) The general Product Warranty Period starts on the date of your purchase and lasts for a 24-month period, and thereafter it expires; and
(b) The Warranty Period for the Product batteries starts on the date of your purchase and lasts for a 24 month period, and thereafter it expires.
The Warranty Period is not extended if we repair or replace the Product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?
With respect to any defective Product during the Warranty Period, we will, in our sole discretion, either: (a) repair or replace such product (or the defective part) free of charge or (b) refund the purchase price of such Product. We will also pay for shipping and handling fees to return the repaired or replacement Product to you if we elect to repair or replace the defective product.
HOW DO YOU OBTAIN WARRANTY SERVICE?
To obtain warranty service, you must email our Customer Service Department at service@motiva.art during the Warranty Period, providing such materials and evidences (such as photos or videos of the Product or any alleged defects) and obtaining a Defective Merchandise Authorization (“DMA“) ticket number. No warranty service will be provided without a DMA number and providing the materials and evidences requested by our Customer Service Department.
LIMITED WARRANTIES
Except as explicit ally provided herein, We do not provide any additional implied or express warranties, and We explicitly and to the maximum extent permitted by law, disclaim all warranties, express or implied, of any kind with respect to such items, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WHAT CAN YOU DO IN CASE OF A DISPUTE WITH US?
The following informal dispute resolution procedure is available to you if you believe that we have not performed our obligations under this limited warranty: filing lawsuit against us, in the competent courts located in Tel-Aviv, Israel, as provided under our general terms and conditions.
PART III – PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you are a copyright owner or an agent thereof, and believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated pursuant to the Digital Millennium Copyright Act (“DMCA”), please provide Motiva the written information specified below (see 17 U.S.C. Section 512(c)(3) for further detail): (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest; (ii) a description of the copyrighted work(s) or other intellectual property(ies) that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services, if applicable, with reasonable specificity sufficient to permit Motiva to locate the material; (iv) your address, telephone number, facsimile number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and (vi) a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner. The Motiva can be reached as follows:
Derech Haoranim 22, Rinatya, Israel
Email: contactus@motiva.art
Motiva will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, Motiva will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity.
Motiva may notify the person submitting the affected content so that he or she can make a notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the Motiva designated copyright agent.
For removal of any doubt, the provisions of Part I – General Terms for Use of the Website and Receipt of the Services, apply to the provisions of this Part III – Procedure for Making Claims of Intellectual Property Infringement.