"General sale conditions of the SOFER ACCESORIOS, S.L. to be accessed through the WEB site www.outletmoto.com"

 

Through this document laying down the General conditions of the contractual relationship which aims the sale of products offered from the website www.outletmoto.com, ownership of SOFER ACCESORIOS, S.L. (in hereinafter referred to as the Service Provider), with business address is calle Pallars, 65, 1º 3ª C.P. 08018 in Barcelona, registered in the mercantile registry of Barcelona, tomo 37.874, folio 0189, sheet No. 316.389, province B, 1st inscription, with CIF: B-63911325, and natural persons (in forward Contracting Part) that have the will to buy these products through the request made on-line through this web site. These requests from the users constitute the particular conditions that are associated with the present general conditions which the contracting party should consult before the purchase of the product. These conditions are explained to the Contracting Part using the web site www.outletmoto.com, so read them, print them archive and accept, not allowing the contracting to buy product without such consultation has taken place. The Contracting Part always has these general conditions in a visible place on the web.
These terms and conditions along with the specific products application made by the Contracting Part entail the formalization of the contract of sale between the Service Provider and the Contracting Part who claims to have read, understood and accepted these terms and conditions.
 

 

FIRST.- AIM OF THE CONTRACT

 

By this contract the SERVICE PROVIDER undertakes to deliver the products that it has been requested through the web site www.outletmoto.com for a certain fee to the Contracting Part.

 

Through the purchase of the products available on this web site the Contracting Part declares:

 

a)                  To be a person of age and with capacity to contract.

b)                  To have read, understood and accepted the present general conditions.

 

SECOND. APPLICABLE LEGISLATION

 

These terms and conditions, are subject in provisions of law 7/1998 of 13 April, on general terms and conditions, the Law 26/1984 of July 19, General for the defence of consumers and users, to the Royal Decree 1906 / 1999, of 17 December 1999, which regulates the telephone or electronics contracts with General conditions, the law 15/1999, of 13th December, of Personal data protection , the law 7/1996 of 15 January of management of the retail trade the law 34/2002 of 11 July, services of the information society and electronic commerce and the law 23/2003 of 10 July, the sale of consumer goods guarantees.

 

THIRD. ALTERATION OF THE TERMS AND CONDITIONS

 

The SERVICE PROVIDER reserves the right to modify these terms and conditions at any time, without having to inform previously the CONTRACTING PARTIES, in any case, responsible for reviewing them as a requirement before the purchase of any product available through this web site. In any case, shall be considered as valid and applicable the terms and conditions that were exposed on the web at the time that the CONTRACTING PART negotiate a service or purchase the corresponding products.

 

FOURTH.-THE SERVICE PROVIDER, RIGHTS AND OBLIGATIONS

 

4.1. Delivery of the product.- the SERVICE PROVIDER undertakes to deliver the product in perfect condition at the direction specified by the CONTRACTING PART in the order form where the particular conditions are recorded along with these terms and conditions. The SERVICE PROVIDER is not responsible for delivery errors caused by the CONTRACTING PART when the data entered in the order form does not conform to reality or have been omitted in the . Delivery time estimated for each product is indicated in the file of the same. Normally, the product is delivered within a period of approximately 48 hours from the payment verification by the SERVICE PROVIDER. In the event that the product is not in stock or delivered exceeds the indicated on the tab of the product, the SERVICE PROVIDER shall inform the registrant of the new term by electronic mail.

  

4.2. SERVICE PROVIDER Responsibility.- the SERVICE PROVIDER under any circumstances shall be liable in relation to: :  

 

4.2.1.      Errors, delays made by the registrant when entering their data in the order form , the slowness or inability to receive the order confirmation by the CONTRACTING PART or any abnormality that may arise when these incidents are caused by problems on the Internet, unforeseeable circumstances and any other unforeseeable contingency oblivious to the good faith of the company. In any case, the SERVICE PROVIDER undertakes to solve the problems that may arise and to provide all necessary support to the CONTRACTING PART to reach a rapid and satisfactory solution of the incidence.

 

4.2.2.      Errors or damages caused by the inefficient use of the service and misleading behaviour by the CONTRACTING PART.

 

4.2.3.      Non-functionality or problems with the email address provided by the CONTRACTING PART for the order confirmation.

 

4.2.4.      Refund: The SERVICE PROVIDER recognizes the CONTRACTING PART the right for refund in the terms and deadlines recognized in the Law 7/1996 of 15 January of management of the retail trade, in which case The SERVICE PROVIDER reimburse the registrant the price and taxes applicable to the account number indicated by the CONTRACTING PARTy. The contractor has, in exercise of the right of 7 working days starting from the delivery of the product, whereas this dates, unless there is evidence to the contrary, shown in the delivery document signed by the same. For the purposes of exercising this right the CONTRACTING PART shall complete the DOCUMENT (download document) that such effects had been set up and notify the SERVICE PROVIDER, in some way admitted in right and timely, to the address included at the beginning of these terms and conditions by sending also, the corresponding product. In any case the CONTRACTING PART will pay the direct costs of return of the said product, as well as any damage it produced as a result of his return.

 

4.2.5.      Warranty: The SERVICE PROVIDER shall be responsible to the delivery of the product in perfect condition, being exempt from any liability with regard to the possible breakage or defects in the packaging of the product occurred after the delivery of the same. In this case the CONTRACTING PART expressly disclaims claiming any contractual or extra contractual liability for any damages or losses.

The SERVICE PROVIDER shall be responsible, in accordance with the Law 23/2003 of 10 July, of guarantees in the sale of consumer goods, of conformity at the time of delivery of the product, with the present general conditions and, especially, with the specifications of each product that appears on the website at the time of its acquisition or that will be delivered to the CONTRACTING PART. The CONTRACTING PART, before signing the delivery of the order shall review the product to be delivered in perfect condition, if he gives his approval at the time of delivery is presumed, by the parties, that the product is compliance with these terms and conditions as well as its corresponding tab.

 

4.2.6.      Deadlines: The SERVICE PROVIDER responds for a period of two years, starting from the delivery of the product, of any lack of conformity expressed at the time of delivery of the product, in relation to these terms and conditions and its corresponding tab. In any case the CONTRACTING PART has a period of two months to inform the SERVICE PROVIDER of the lack of conformity of the product, from the moment that it would have been detected.

 

In the event that such a lack of conformity would have been detected within 6 months after delivery of the product, is the CONTRACTING PART who must prove that such lack of conformity existed at the aforementioned time of delivery. In this case the SERVICE PROVIDER will make reasonable actions to the effect that the registrant may contact the manufacturer of the product to find the best solution in each specific case, unless the SERVICE PROVIDER are forced to obtain any particular result.

 

4.2.7.      In case of lack of conformity of the product with these terms and conditions or its corresponding tab, provided the requirements stated here, the contractor may:

 

-                      To demand the repair or replacement of the product, according to the rules set out in the Law 23/2003 of 10 July, of guarantees in the sale of goods of consumption.

 

-                      Require the reduction of the price or the termination of the contract, when repair replacement would not be possible. In any case the contract shall be resolved where the lack of conformity is minor.
 

FIFTH.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PART

  

5.1. Payment.- The CONTRACTING PART agrees to pay in advance for the product actually requested in the following amount and form:

 

5.1.1.      Amount.- The payment of the product actually requested by the CONTRACTING PART on the basis of the product ordered shall be indicated on the web site and appearing at the specific request of the CONTRACTING PART at any time, requests that constitute the particular conditions of the particular order. The products prices appearing on the web site always come with VAT included. 

 

            At the price indicated on the website for each of the products offered will be added the relevant shipping costs. The CONTRACTING PARTy may choose between several forms of delivery, ordinary or urgent, and, depending on this, the weight, and distance where it should be delivered, will be added shipping costs to the specific cost of the product. As those rates are not applied at any time by the SERVICE PROVIDER, will they always be those offered officially by the State postal service or private courier companies and that the SERVICE PROVIDER will not generate any benefit by these rates always informing the CONTRACTING PARTy on the costs of the product and shipping costs before to formalize the own purchase and in the confirmation email.  

 

5.1.2.      Forms of payment.- The REGISTRANT must pay the order corresponding amount through bank transfer, still need to be sent by fax or email proof of such payment so that the delivery is confirmed.  

             

5.2. Responsibility of the REGISTRANT.- Will be the CONTRACTING PART responsibility:

 

5.2.1.      Bear all risks of impairment, impairment, damage and loss of products from the moment that they had been made available by the third party who, on behalf of the SERVICE PROVIDER, performs the delivery of the goods requested.

 

5.2.2.      Check the good condition of the package before the third, on behalf of the SERVICE PROVIDER, to undertake the delivery of the product ordered, indicating any abnormality that could detect in the packaging in the delivery order. If subsequently revised once the REGISTRANT content detected any incident as, blow, break, or any damage caused by the shipping, it undertakes to inform the SERVICE PROVIDER in the shortest possible time. 

 

SIXTH.-PROTECTION OF PERSONAL DATA

  

6.1.- Information to the user of the existence of file and request for consent to the automated processing of data: In relation to personal data provided by the REGISTRANT in the forms that may exist on the web site, the SERVICE PROVIDER strictly abides by the rules established in the law 15/1999 of data protection of personal and other legislation which it develops and informs the contractor that information will be included within a file for automated processing consent by accepting these general conditions to provide the Contracting to such treatment.

 

6.2.- Purpose of the treatment: The SERVICE PROVIDER collects certain personal data that are introduced by the Contracting in the form to formalize the sale of products. THE SERVICE PROVIDER informs that it will manage automatically these data. THE SERVICE PROVIDER will use these data for invoicing and shipping of the product, as well as the periodic sending of offers and commercial information to the contractor, only if it expressly authorizes. In any case, the data collected and processed by the SERVICE PROVIDER are only essential for the purposes mentioned previously.   

 

6.3.- The introduction of data binding: Fields containing an asterisk * in the existing forms are those requiring a mandatory answer and not be covered the consequence would be unable to submit the query or perform the requested concrete.

 

6.4.- Rights of access, rectification, cancellation and opposition: The Contracting to enter your personal data in the different forms of high will have full right to exercise their rights of access, rectification, cancellation and opposition at any time request to outletmoto@outletmoto.com or by postal mail at SOFER ACCESORIOS, S.L., calle Pallars, 65, 1º 3ª C.P. 08018 in Barcelona including in both cases a copy of the ID number of the owner of the data. The provider of the service reaffirms that it undertakes to respect and absolute confidentiality in the collection and processing of personal data of the contracting, declaring their commitment in assignment to third parties under any circumstances, without the prior consent of its holders.

             

6.5.- Security.- The SERVICE PROVIDER guarantees absolute confidentiality and privacy of the personal data collected and therefore essential security measures have been taken to avoid the alteration, loss, treatment or non authorized access and thus ensure its integrity and security, particularly those provided for in Royal Decree 994/1999 of 11 June approving the regulation of security measures for automated files containing personal data. THE SERVICE PROVIDER shall not be liable in any case of incidents that may arise over personal data when they arise either an attack or unauthorized access to systems such that it is impossible to detect by the security measures implemented either when due to a lack of diligence of the contracting with regard to the guardianship and custody of your access or your own personal data keys.  

 

6.5. Veracity of the data.- The CONTRACTOR is responsible for the accuracy of their data, pledging not to introduce false information and to proceed to amend them if necessary. 

SEVENTH.- RESPONSIBILITY  

7.1.- The provider of the service under any circumstances shall be liable for:

7.1.1.-  Failures and incidents that may occur in communication, deletion or incomplete transmissions in such a way that does not guarantee that services of the web site are continuously operating.

 

7.1.2.-  The production of any types of damage that CONTRACTING or third could result in the web site.

 

7.2.- The SERVICE PROVIDER reserves the right to suspend access without prior notice of discretionary and either definitive or temporary until the assurance of effective responsibility for the damage that may occur. Also, the SERVICE PROVIDER will work, and shall notify the competent authority these incidents at the time you have reliable knowledge that damage constitute any kind of illegal activity.

 

EIGHTH.- COPYRIGHT AND TRADEMARK.- The SERVICE PROVIDER reports that website www.outletmoto.com -contents, programming and design of the website- is fully protected by the copyright, being expressly prohibited any reproduction, communication, distribution and transformation of the elements protected unless express consent of the provider of the service. The brands of the products of which the SERVICE PROVIDER sells through the web site belong to their legitimate owners, as well as the brand outletmoto which belongs to the SERVICE PROVIDER.

 

NINETH.-APPLICABLE LAW AND ARBITRATION.- The present General terms and conditions are governed by Spanish legislation. To resolve any controversy or dispute arising out of the present Conditions the SERVICE PROVIDER is subject to the criterio for determining competence laid down in the law on consumers and users.

 

TENTH.- In the event of any clause of these general conditions is declared invalid, the other clauses will remain valid and shall be interpreted taking into account the will of the parties and the purpose of these conditions. THE SERVICE PROVIDER may not exercise any of the rights and faculties conferred in this document that does not imply renouncing them unless explicit recognition by the SERVICE PROVIDER in any case.