GENERALITIES
The General Contracting Conditions (hereinafter, "GC") of the contractual relationship are established below, the purpose of which is the purchase and sale of products offered from the website WWW.MOTOSTAR.ES (hereinafter, "THE COMPANY "), with registered office at C/Esperanto 17 local 1, 03503 Benidorm (Alicante), with e-mail: info@motostar.es and the natural or legal persons (hereinafter, "CLIENT"), who express the will to purchase said products through the request made via the Internet, through this website based on the information that appears on the website or by visiting it without completing the purchase process (hereinafter, "CLIENT"). The CUSTOMER's purchase request constitutes the particular conditions to which these GTC are associated, which the CUSTOMER must consult prior to purchasing the product. The CUSTOMER is exposed to these CGC through the website WWW.MOTOSTAR.ES so that he can read, print, archive and accept them, and the CUSTOMER cannot purchase the product without said consultation having taken place. The CUSTOMER will always have these GTC in a visible and freely accessible place on the website.
The acceptance of these GTC, together with the request for the specific products made by the CUSTOMER, implies the formalization of the purchase and sale contract between THE COMPANY and the CLIENT which states:
a) have read, understood and accepted these conditions.
b) who is a person of legal age and with full capacity to contract.
APPLICABLE LEGISLATION AND ALTERATION OF THE GCC
These GTC are subject to the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. ; Law 7/1998, of April 13, on General Contracting Conditions; to Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions; Organic Law 15/1999, of December 13, on the Protection of Personal Data; Law 7/1996, of January 15, on the Regulation of Retail Trade and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce. THE COMPANY reserves the right to modify these GTC at any time, without the need to notify the CUSTOMER or USER in advance, who, in any case, is solely responsible for reviewing them as a prerequisite and essential to the acquisition of any product available through of this website or its simple access. In any case, the GTC that were displayed on the website at the time the CUSTOMER purchases the corresponding products will be considered valid and applicable.
RIGHTS AND OBLIGATIONS OF THE COMPANY
Product delivery:
THE COMPANY undertakes to deliver the product in perfect condition to the address indicated by the CUSTOMER in the order form where the particular conditions that are linked to these GTC are stated. THE COMPANY will not be responsible for errors caused in delivery when the data entered by the CLIENT in the order form does not correspond to reality or has been omitted.
The invoice corresponding to the order will be available in THE COMPANY once payment is confirmed, which can be viewed through the link: "My Orders". This original invoice includes delivery costs and VAT.
THE COMPANY is responsible for any lack of conformity that appears within a period of two years from delivery. The CUSTOMER must inform THE COMPANY of the lack of conformity in the
within two months from when you became aware of it. Reservations and complaints must be addressed to THE COMPANY by email to the address that will be found on THE COMPANY's page.
DELIVERY TIMES
I. Delivery of the product THE COMPANY undertakes to deliver the product in perfect condition to the address that the CUSTOMER indicates on the order form. In order to optimize delivery, we thank the CUSTOMER to indicate an address where the order can be delivered within normal business hours and a contact telephone number, preferably a mobile phone, where the transport company will inform them of the status and delivery forecast.
II. Delivery Time, The deadline for national deliveries to the peninsula and the Balearic Islands (Spain) is 2 to 5 business days.
For more information, it is important to keep in mind that the procedure during this time is as follows: receiving the order request, preparing the orders in our warehouse and shipping through parcel companies. On the day the handling of the order is completed, THE COMPANY will notify the CUSTOMER by email confirming the departure from our warehouses. Within a period established on our website, it should have been delivered to the address indicated at the time of purchase. These deadlines are means, and therefore an estimate. Therefore, it is possible that they vary for logistical reasons or force majeure. In cases of delays in deliveries, THE COMPANY will inform the CUSTOMER as soon as it becomes aware of them.
Each delivery is considered made from the moment in which the transport company makes the product available to the CUSTOMER, which is materialized through the control system used by the transport company.
In the case of delays in the delivery of orders attributable to THE COMPANY, the CUSTOMER may cancel their order in accordance with the procedure described in the "Returns" Section. Delays in delivery will not be considered those cases in which the order has been made available to the CUSTOMER by the transport company within the agreed period and could not be delivered for reasons attributable to the CUSTOMER.
III. Delivery Data, Unmade Deliveries and Loss In the same email in which the CUSTOMER is informed that the product has left THE COMPANY's warehouses, the shipping number and the customer service number of the transport company are provided. responsible for the delivery, so that, if any incident arises in the delivery, the CUSTOMER can contact to resolve it.
If at the time of delivery the CUSTOMER is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. THE COMPANY contracts, as part of the courier delivery service, to carry out a series of monitoring actions (calls or SMS to the CUSTOMER in different time slots), aimed at guaranteeing that delivery occurs.
If the reason why the delivery could not be made is the loss of the package, our carrier will initiate an investigation. In these cases, the response times of our carriers usually range between one and three weeks.
IV. Diligence in delivery The CUSTOMER must check the good condition of the package before the carrier who, on behalf of THE COMPANY, delivers the requested product,
indicating on the delivery note any anomaly that may be detected in the packaging. If, subsequently, once the product has been reviewed, the CUSTOMER detects any incident such as a bump, breakage, signs of having been opened or any damage caused to it by shipping, the CUSTOMER undertakes to notify THE COMPANY via email (info@motostar. es) in the shortest period of time possible and within a maximum of 7 business days from delivery.
Responsibility of THE COMPANY: THE COMPANY will in no case be responsible in relation to: Errors, delays in access by the CUSTOMER when entering their data in the order form, slowness or impossibility of reception by the of the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of unforeseen events or force majeure and any other unforeseeable contingency beyond the good faith of THE COMPANY. In any case, THE COMPANY undertakes to solve any problems that may arise and to offer all the necessary support to the CUSTOMER to reach a quick and satisfactory solution to the incident.
THE COMPANY will in no case be responsible for errors or damages caused by inefficient and bad faith use of the service by the CUSTOMER.
THE COMPANY will in no case be responsible for non-operation or problems in the e-mail address provided by the CUSTOMER to send the order confirmation.
Additionally, THE COMPANY does not assume any derived liability, by way of example but not limited to:
1. Of the use that the CLIENT or USER may make of the materials on this website or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the website or of third parties.</ p>
2. Of possible damages and losses to the CUSTOMER or USER caused by normal or abnormal operation of the search tools, the organization or location of the content and/or access to the website and, in general, any errors or problems that are generated in the development or instrumentation of the technical elements that the website or a program provides to the CUSTOMER or USER.
3. Of the contents of those pages that the CLIENT or USER can access from links included on the website, whether authorized or not.
4. Of the acts or omissions of third parties, regardless of whether these third parties may be linked to THE COMPANY through contractual means.
5. Of minors' access to the content included on the website, it being the responsibility of their parents or guardians to exercise adequate control over the activity of the children or minors in their care or to install any of the Internet use control tools with the purpose of avoiding (i) access to materials or content not suitable for minors, as well as (ii) the sending of personal data without the prior authorization of their parents or guardians.
THE COMPANY will not be responsible in any case when:
1. Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that it is not guaranteed that the website services are constantly operational.
2. In any case, THE COMPANY undertakes to solve any problems that may arise and to offer all the necessary support to the CUSTOMER to reach a quick and satisfactory solution to the incident.
3. Likewise, THE COMPANY has the right to carry out promotional campaigns during defined time intervals to promote the registration of new members in its service. THE COMPANY reserves the right to modify the conditions of application of the promotions, extend them by duly communicating it, or proceed to exclude any of the participants from the promotion in the event of detecting any anomaly, abuse or unethical behavior in the participation of the same.
GUARANTEE
THE COMPANY is obliged to deliver the product in perfect condition, being exempt from all responsibility in relation to possible breakages or defects in the product packaging produced after its delivery. In this case, the CLIENT expressly waives any claim for contractual or extra-contractual liability for possible damages or losses. THE COMPANY acts as a distributor of products that are offered for sale on WWW.MOTOSTAR.ES, which are delivered correctly and do not present defects or hidden defects that could make them dangerous or unsuitable for normal use.
THE COMPANY provides the CLIENT with the After-Sales Service, through the link on the “Contact” website. The CUSTOMER will not be able to return the order in case of defects or deterioration caused by factors external to the shipment, customer accidents, wear and inappropriate use of the product. In the event that the product does not arrive in the correct condition, THE COMPANY will be responsible for replacing the product at no extra cost to the customer.
Products modified or repaired by the CUSTOMER or any other person not authorized by THE COMPANY are excluded from the warranty. The guarantee will not apply to apparent defects and conformity defects of the product, for which any claim must be made by the CUSTOMER in question within 7 days following delivery of the products.
The warranty will not cover products damaged by improper use.
THE COMPANY will be responsible, in accordance with Royal Legislative Decree 1/2007, for the conformity at the time of delivery of the product, with these General Conditions as well as, especially, with the sheet of each product that appears on the page website at the time of its acquisition or that it is delivered to the CUSTOMER. The CUSTOMER, before signing the delivery of the order, must check that the product is delivered in perfect condition. If you find any damage, you must indicate it on the delivery note, returning the package if necessary and informing THE COMPANY so that it can solve the problem as soon as possible. If the products sent in a package are incorrect or defective, THE COMPANY undertakes to change them at no extra cost to the customer.
SIZE CHANGES
Size changes for Spain (Peninsula and Balearic Islands), if the CUSTOMER requests it, have 7 calendar days for processing. Transportation costs will be free for customers from the peninsula and the Balearic Islands, for the first size change, as long as the order meets the requirements for free shipping (Greater than or equal to €100). For future changes in size, color or model, the costs derived from transportation will be assumed by the customer unless there is an error on the part of the company. These costs would be €6 for shipping and €6 for collection.
*These conditions are not valid for the Canary Islands, Tenerife, Ceuta, Melilla and countries other than Spain and Portugal, and the customer must assume the shipping costs, tariffs and other costs incurred for shipping both outward and return.</p >
CANCELLATION OF ORDERS
RETURN
The customer may exercise his right of withdrawal up to 5 business days after receiving the package.
The refund to the CUSTOMER's account as a result of this return will be made in the shortest possible time after receipt of the goods by THE COMPANY. The return cannot take place in any case if the products supplied were clearly subject to use beyond verification of good condition.
The products must be returned correctly protected and in perfect condition (not damaged or soiled by the CUSTOMER) with all accessories. They will be sent to the place specified by THE COMPANY in the precise instructions for returning the product sent by email. In the event that the return is not accepted because it is understood that the product whose return is intended had been used beyond checking its condition, these products will be returned to the CUSTOMER.
The return of the products will give rise to a refund equal to the purchase price of the returned product/s in the customer's account, except for shipping costs that will be borne by the CUSTOMER, as long as it does not exceed the value of free shipping (greater than or equal to €100).
Anyone who returns their product will receive an email informing them of the amount of their refund in favor of the customer's account.
RIGHTS AND OBLIGATIONS OF THE CUSTOMER
To proceed to make any purchase in the store, the registered CUSTOMER or guest MUST BE over eighteen (18) years of age.
Payment: the CLIENT agrees to pay in advance the amount for the product actually requested in the following amount and manner: Amount: the remuneration for the product actually requested by the CLIENT based on the product requested will be as indicated on the site website and the one that appears in the CUSTOMER's specific request at any time, requests that will constitute the particular conditions of the specific order. The prices of the products that appear on the website always appear with VAT included.
The rates corresponding to the relevant shipping costs will be added to the price that appears on the website for each of the products offered. As these are rates that THE COMPANY does not apply or control at any time, they may be modified at any time; In any case, these rates will be previously communicated to the CUSTOMER before formalizing the purchase itself.
Payment methods: the CUSTOMER must pay the amount corresponding to their order by bank card payment, bank transfer, bizum or paypal, and it is possible to make the payment on the other hand with a refund only in Spain.
Responsibility of the CUSTOMER: in any case, it will be the CUSTOMER's responsibility to: Assume all risks of deterioration, impairment, damage and loss of the products from the moment they have been made available to them by the third party who, on behalf of of THE COMPANY, delivers the requested products.
PRIVACY POLICY
THE COMPANY is attached to the Spanish Data Protection Agency (www.agpd.es), who will ensure the security, legality and correct use of the data included in the customer file.
THE COMPANY undertakes not to use the data provided by its clients other than to correctly fulfill the orders requested and inform our clients of the periodic promotions that the company will carry out. This information will only be transferred to companies that collaborate in the provision of the service (such as transporters). The data will not be transferred or sold in any other case.
In accordance with current legislation, all clients of THE COMPANY have the right to access, rectification, cancellation and opposition of their data. Furthermore, at any time, the client can express his/her desire not to receive any type of advertising.
To exercise these rights, customers can contact the e-mail: info@motostar.es The personal data received will be treated in accordance with Organic Law 15/99 of December 13 on the Protection of Personal Data and other regulations. consistent in force in Spain.
In order to comply with the provisions contained in article 10 of Law 34/2002, of July 11, on information society services and electronic commerce, THE COMPANY provides you with the following information. general information:
MOTOSTAR
C/ESPERANTO 17 LOCAL 1
03503 - BENIDORM (ALICANTE) SPAIN
WWW.MOTOSTAR.ES
EMAIL: INFO@MOTOSTAR.ES
CONTENT AND ACCESS
The user is obliged to make good use of this website, good use being understood to be in accordance with current legislation, good faith and public order.
THE COMPANY will make its best efforts to avoid the existence of errors in the information provided on the page; However, it will not assume any responsibility for any damage that the existence, if any, of said errors could cause to users.
THE COMPANY may modify the content of this page at any time and without prior notice and is exonerated from any liability that may arise from making said change.
HYPERLINKS
The pages found within the THE COMPANY portal may contain links to other third-party pages. THE COMPANY cannot control the content found on those pages and therefore is not responsible for it.
Similarly, the establishment, by third parties, of hyperlinks with this WEB page without the prior and express consent of THE COMPANY is prohibited. Authorization by THE COMPANY of the establishment of a hyperlink with a third party page, It does not imply the existence of any contractual relationship with said third party nor should it lead the user to think that it is a suggestion.
Accordingly, THE COMPANY does not assume any responsibility for the content of the aforementioned page.
APPLICABLE LAW AND COMPETENT JURISDICTION
These GTC are governed by Spanish legislation. To resolve any controversy or conflict arising from these GTC, THE COMPANY submits to the jurisdiction determination criteria established in the applicable legislation on consumers and users.
In the event that any clause of these GTC is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these GTC. THE COMPANY may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver thereof unless expressly recognized by THE COMPANY or legal prescription of the action that corresponds in each case.</p >