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GENERAL CONTRACTING CONDITIONS

General Conditions de Contratación:

 

Versió 1.0 / 2022

 

This document establishes the general conditions of the contractual relationship that aims at the sale of products offered from this website www.outletmoto.com, and of which SOFER ACCESORIOS, S.L. is the owner and owner.  (hereinafter "OUTLET MOTO") with address at Calle Pallars, 65, 1º 3ª C.P. 08018 in Barcelona, registered in the Mercantile Registry of Barcelona, Volume 37.874, Folio 0189 Sheet 316.389, province B, inscription 1ª, with CIF: B-63911325, and the natural and / or legal persons (hereinafter, "CONTRACTOR") who express the will to buy the products through the request made via the Internet through this website. All the rights that the Laws in force recognize to consumers and to which reference can be made herein, will be applicable exclusively to customers who have such consideration as consumers and who act for a purpose other than their commercial, business, trade and profession.

 

These requests from users constitute the particular conditions to which these general conditions are associated, which the CONTRACTOR must necessarily accept electronically prior to the purchase of the product. The CONTRACTOR is exposed through this same website these conditions, so that he reads, prints, archives and accepts them. These general conditions together with the request for specific products made by the CONTRACTOR imply the formalization of the contract of sale between OUTLET MOTO and the CONTRACTOR who claims to have read, understood and accepted these conditions. The CONTRACTOR can always consult these general conditions through the website.

 

FIRST.- OBJECT OF THE CONTRACT.-

 

By these General Conditions, OUTLET MOTO undertakes to deliver to the CONTRACTOR the products that he has requested through the website  www.outletmoto.com in exchange for a certain price.

 

By purchasing the products available on this website, the CONTRACTOR declares that:

 

a) That he is a person of legal age and with the capacity to contract.

b) That you have read, understood and accept these General Conditions of Contract.

 

 

SECOND.- ALTERATION OF THE GENERAL CONDITIONS.-

 

OUTLET MOTO reserves the right to modify these General Conditions at any time, without prior notice to the CONTRACTOR, who in any case, is responsible for reviewing them as a prerequisite to the acquisition of any product available through this website. In any case, the General Conditions that were exposed on the website at the time the CONTRACTOR acquires the corresponding products will be considered valid and applicable.

 

THIRD.- RIGHTS AND OBLIGATIONS OF OUTLET MOTO.-

 

3.1.  Delivery of the product.- OUTLET MOTO undertakes to deliver the product in perfect condition to the address that the CONTRACTOR indicates in the order form where the particular conditions that join these General Conditions are recorded.  OUTLET MOTO will not be responsible for errors caused in the delivery when the data entered by the CONTRACTOR in the order form do not conform to reality or have been omitted.  The approximate delivery time for each product is indicated in the product sheet. Normally, the product is delivered within approximately 48 hours from when OUTLET MOTO has verified the payment of the price.  In the event that the product is not in stock or the delivery time is longer than that indicated in the product sheet, OUTLET MOTO will inform the CONTRACTOR of the new term by email.  OUTLET MOTO will not be responsible for delays in delivery caused exclusively by causes attributable to the transport agency or unforeseeable and uncontrollable factors that it does not have the duty to bear. 

 

 

If the product object of the order is not available in stock, when THE CONTRACTOR has been expressly informed of such possibility, OUTLET MOTO may offer a product with similar characteristics that has the same or higher quality. In the case of not accepting the replacement of the good offered, THE CONTRACTOR may exercise their rights of withdrawal and resolution in the same terms as if it were the good initially required, as recognized by the Regulation of Retail Trade.

 

3.2.  Responsibility of OUTLET MOTO. In no event shall it be liable in relation to:

 

3.2.1. Errors, delays in access by the CONTRACTOR when entering their data in the order form, the slowness or impossibility of receipt by 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 fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of the company. In any case, OUTLET MOTO undertakes to solve the problems that may arise and to offer all the necessary support to the CONTRACTOR to reach a quick and satisfactory solution of the incident.

 

3.2.2. Of the errors or damages produced by an inefficient and bad faith use of the service by the CONTRACTOR.

 

3.2.3. Of the non-operability or problems in the email address provided by the CONTRACTOR for the sending of the order confirmation.

 

 

3.3.  Guarantees:

 

3.3.1.  OUTLET MOTO, guarantees that all the Products available for sale on the website comply with the international and community standards applicable to the safety of the products.

.

 

3.3.2.  The warranty that applies to the Product when delivered to the CONTRACTOR is three years, always and when the Product is used by the CONTRACTOR under the normal conditions of use, such as those described in the Product sheet and in the catalogs made available to the CONTRACTOR. . In no case is it guaranteed that the Product supplied is suitable to respond to a particular problem of the end user.

 

 

3.3. 3. In case of lack of conformity of the product at the time of delivery, the CONTRACTOR may choose between repair or replacement of the same, unless any of these measures is disproportionate to OUTLET MOTO. In any case, both the repair and the replacement of the product will be free for the CONTRACTOR, including in said gratuity, the shipping, transport, labor or materials used to put the product in conformity.

 

Only in the cases in which the repair or replacement of the non-conforming product could not have been carried out at all or within a reasonable time, the CONTRACTOR may choose between the reduction of the price or the resolution of the Contract of sale. In any case, the termination of the Contract will not proceed when the non-conformity is of little importance. In case of contractual termination:

 

-       OUTLET MOTO will return to the CONTRACTOR all the amounts paid.

-       The CONTRACTOR will return to OUTLET MOTO the non-conforming product at the expense of OUTLET MOTO.

 

The reimbursement of the reduction or the totality of the price, will be made within a maximum period of 14 days from the decision of the CONTRACTOR and by the same means of payment used by the CONTRACTOR.

 

4. Right of withdrawal:

 

OUTLET MOTO recognizes the CONTRACTING PARTY the right of withdrawal in the terms and periods recognized in Royal Legislative Decree 1/2007 of November 16, in this case OUTLET MOTO will reimburse the CONTRACTING PARTY the amount paid for price and applicable taxes as well as expenses shipping, except if you have selected a shipping method other than the cheapest of those offered, by the same means of payment used by the CONTRACTING PARTY. The CONTRACTING PARTY has a term, to exercise the right, of 14 days from the delivery of the Product, considering as such date, unless proven otherwise, the one indicated in the delivery document signed by the same. In order to exercise this right, the CONTRACTING PARTY must send the withdrawal FORM to the email address info@outletmoto.com and notify OUTLET MOTO within the established periods, returning the corresponding Product by the means of transport provided by OUTLET MOTO or the one selected by the CONTRACTING PARTY. Exceptionally, OUTLET MOTO offers a total of 60 days from receipt of the Product for its return; If requested after 14 legal days and before 60, only the value of the purchased product will be returned, as long as it is returned in the same conditions in which it was received and without having been altered or used.

 

The right of withdrawal recognized in this clause is understood without prejudice to the exceptions to it that the fixed legislation itself. In an illustrative and non-exhaustive manner, this right may not be exercised in relation to goods that, due to their nature, cannot be returned or may deteriorate, expressly including products that have been personalized at the request of the consumer.

 

The CONTRACTING PARTY will be responsible for the decrease in the value of the purchased product whenever it has been handled for a purpose other than that necessary to establish its nature, characteristics and operation. 

 

 

FOURTH.- RIGHTS AND OBLIGATIONS OF THE CONTRACTOR.-

 

41.  Payment.- The CONTRACTOR undertakes to paying advance the amount for the vehicle actually requested in the following amount and form:

 

4.1.1.  Amount.- The remuneration for the product actually requested by the CONTRACTOR depending on the product requested will be the one indicated on the website and the one that appears in the specific request of the CONTRACTOR at all times, 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.  

 

In addition, the price shown on the website for each of the products offered must be added to the relevant shipping costs. The CONTRACTOR may choose between several forms of shipping, ordinary or urgent, and, depending on this, the weight and distance where it must be delivered, the shipping costs will be added to the specific cost of the product. As these are rates that OUTLET MOTO applies at no time, they will always be those officially offered by the state postal service or by private courier companies and that OUTLET MOTO will not generate any benefit for these rates by communicating the global cost of both the product and the shipping costs always previously to the CONTRACTOR before formalizing the purchase itself and in the confirmation email of the same.  

 

4.1.2.  Payment methods.- The CONTRACTOR must pay the amount corresponding to his order by payment through bank transfer, being necessary to send by fax or email a proof of said payment so that the shipment is confirmed.  

If you choose to pay with PayPal, you will be redirected to the secure pages of PayPal, where you can pay quickly and securely with your PayPal account or with your credit or debit card, without sharing financial information. Once you have entered your details to pay, you will be redirected to our store, where you will confirm the payment.

 

4.2.  Responsibility of the CONTRACTOR.- In any case, it will be the responsibility of the CONTRACTOR:

 

4.2.1. The CONTRACTOR assumes all the risks of deterioration, impairment, damage and loss of the Products from the moment they have been made available to the third party that, on behalf of OUTLET MOTO, delivers the ordered products.

 

 

FIFTH.- RESPONSIBILITY.-

 

5.1.- OUTLET MOTO in no case will be responsible for:

 

5.1.1.- Failures and incidents that may occur in communications, deletion or incomplete transmissions so that it is not guaranteed that the services of the website are constantly operational.

 

5.1.2.- Of the production of any type of damage that the CONTRACTOR or third parties may cause on the Website.

 

5.2.- OUTLET MOTO reserves the right to suspend access without prior notice at its discretion and definitively or temporarily until the effective responsibility of the damages that may occur is assured. Likewise, the one that OUTLET MOTO will collaborate and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damages caused constitute any type of illicit activity.

 

SIXTH.- COPYRIGHT AND TRADEMARK.-

 

OUTLET MOTO informs that the website www.outletmoto.com. -the own contents, the programming and the design of the Web page- are fully protected by copyright, being expressly prohibited any reproduction, communication, distribution and transformation of the aforementioned protected elements unless express consent of OUTLET MOTO.

 

OUTLET MOTO, together with its logo, is a registered trademark both nationally (national trademark M-2674151, registered on 16/10/2006) and community (community trademark 009689811, registered on 15/06/2011) by the company that owns this website and domain: SOFER ACCESORIOS, S.L., with address at Calle Pallars, 65 de Barcelona and NIF B-63911325.

 

The use of this trademark is prohibited in accordance with the provisions of Law 17/2001, of December 7, on Trademarks, without the prior authorization of the owners of both this website and the trademark.

 

Likewise, the use of the logo of the brand and the contents published on this website is prohibited, and may not be used without the consent of its owners, in accordance with the Trademark Law.

 

By way of example, the use of the reference mark without the authorization of its proprietor is prohibited:

 

-As an integral part of a domain name.

-In social networks, such as Facebook, Twitter or others.

-In email addresses.

 

If you are interested in using the OUTLET MOTO brand, in accordance with current regulations, do not hesitate to contact us.

 

OUTLET MOTO reserves the right to take the appropriate legal actions to compensate for the damages caused by the infringement of its current rights on the OUTLET MOTO brand.

 

SEVENTH.- COPYRIGHT AND TRADEMARK.-

 

OUTLET MOTO informs that the own contents, programming and design of the website are fully protected by copyright, being expressly prohibited any reproduction, communication, distribution and transformation of the aforementioned protected elements unless express consent of OUTLET MOTO. The brands of the products that OUTLET MOTO sells through the website belong to their legitimate owners.  OUTLET MOTO may establish links or hyperlinks to articles or information of third parties always citing the source. The legitimate owner of the copyright of this information thus included, may request at any time the elimination of the aforementioned references.

 

 

 

EIGHTH.- COMPETENT JURISDICTION AND APPLICABLE LAW.-

 

These general conditions are governed by Spanish law. For the determination of the place of celebration of the sale to which these General Conditions are subject, the provisions of article 29 of Law 34/2002, of July 11, on services of the information society and electronic commerce will be followed.  In the event that the CONTRACTOR is not considered a consumer, any conflict relating to the interpretation or execution of these General Conditions of Contract will be submitted to the jurisdiction of the Courts of the city of Barcelona.

 

NINTH.- NULLITY OF CLAUSES.-

 

In the event that any clause of these General Conditions is declared null and 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 conditions. OUTLET MOTO may not exercise any of the rights and faculties conferred in this document which will not imply in any case the waiver of them unless expressly recognized by OUTLET MOTO.

 

TENTH.- ALTERNATIVE PROCEDURE FOR THE RESOLUTION OF ONLINE DISPUTES.-

 

Without prejudice to what is indicated in the previous clause, the European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/adr/. Contractors who have the status of consumers, may submit their claims through the online dispute resolution platform.

 

 

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