Compliance, Counterfeiting, and Prohibited Products

Preamble

Article 1 — The Platform's Commitment

Mota refuses the sale of counterfeit, unlawful, stolen, or restricted items. That commitment takes the following forms:

• documentary checks when the merchant and sourcing partner roles are activated;
• screening of listings and production requests, both automated and human;
• a compliance assessment by product and by destination before shipping;
• a reporting mechanism open to rights holders and users;
• removal of non-compliant content and sanctions against the accounts concerned.

These measures constitute a best-efforts obligation. Given the volume of flows and the sophistication of fraudulent practices, Mota does not guarantee that every non-compliant item will be intercepted.

Article 2 — Prohibited Items

The following are prohibited from being listed, ordered, produced, or shipped through the platform:

• Counterfeits : any item reproducing or imitating a trademark, logo, registered design, patent, or protected work without the rights holder's authorization, together with the packaging, labels, holograms, and certificates intended to accompany them.
• Contraband goods : goods evading duties and taxes, under-declared, wrongly classified, or whose origin has been concealed.
• Stolen goods or goods of unlawful origin.
• Products subject to a monopoly, licence, or authorization held without the required title: medicines, medical devices, plant protection products, alcohol, tobacco, and chemical precursors.
• Weapons, ammunition, and explosives , their parts, and functional replicas.
• Dangerous products or products not compliant with the safety standards applicable in the destination country.
• Protected species and products derived from them.
• Unlawful content , in particular content harming individuals or constituting an offence.
• Any goods whose import is prohibited or restricted in the destination country.

This list is not exhaustive. Mota may refuse any item whose lawfulness appears to it to be doubtful, without having to give reasons beyond the existence of the doubt.

Article 3 — Responsibility of the User Who Lists the Item

The user who lists a product, submits a production request, or refers a supplier warrants that the item is lawful and that they hold the rights necessary to sell it.

That warranty is personal and non-transferable. It cannot be passed on to a third party: neither the fact that the product was bought from a supplier who said it was genuine, nor the fact that Mota did not detect it, relieves the user of their responsibility.

Article 4 — Consequences of Discovering a Non-Compliant Item

Where a counterfeit, contraband, or otherwise prohibited item is identified — whether before listing, during production, in transit, or after delivery — the following measures apply:

4.1 Immediate Measures

• Removal of the listing and of all associated content.
• Suspension of the account of the user who listed the item, and of all of that user's roles.
• Freezing of funds in progress on that account, including commissions, payouts, and balances due.
• Halt of any production or shipment in progress, and immobilization of the goods.

4.2 Measures Following Investigation

• Permanent deletion of the account , without compensation and without refund of costs incurred.
• Retention of the frozen funds up to the amount of the loss suffered by Mota and by the other users affected.
• Reporting to the competent customs, administrative, or judicial authorities , and to the rights holder concerned.
• Disclosure to the authorities of all identifying information Mota holds on the user concerned, within the limits permitted by the applicable data protection regulations.
• Action for compensation for the loss suffered by Mota, including immobilization, destruction, and defence costs, and damage to its reputation.

4.3 Fate of the Goods

Goods identified as counterfeit or unlawful are neither returned, nor re-shipped, nor refunded. They are immobilized and then handed over to the competent authorities or destroyed, according to their instructions. The corresponding costs are borne by the user who listed the item.

4.4 Proceedings

The user acknowledges that selling counterfeit or contraband goods is an offence in most jurisdictions, and that they are exposed, independently of the measures taken by Mota, to civil and criminal proceedings brought by rights holders or by the authorities.

Article 5 — Position of the Good-Faith Customer

A customer who ordered an item later identified as non-compliant, without knowing and without being in a position to know, is not sanctioned on that basis. Mota uses the means available to it to obtain a refund of the amounts paid, from the seller, the partner concerned, or the payment provider. The goods are under no circumstances delivered.

Whether the refund is actually obtained depends on the solvency of the party responsible and on the rules applicable to the payment method used. Mota does not guarantee that refund, but undertakes to pursue the remedies available.

Article 6 — Reporting

Any rights holder, user, or third party may report content they believe to be counterfeit or unlawful to contact@mota-sourcing.com.

A report must include: precise identification of the content, the basis of the right relied on together with supporting evidence, the identity and contact details of the person reporting, and a statement of good faith. An admissible report is handled without undue delay.

A manifestly abusive or bad-faith report engages the liability of its author.

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