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This document establishes the general conditions of the contractual relationship that has the purpose of buying and selling products offered from this web page www.outletmoto.com, and of which it is the owner and owner SOFER ACCESORIOS, SL (hereinafter "OUTLET MOTO") with address at Calle Pallars, 65, 1º 3ª CP 08018 in Barcelona, registered in the Mercantile Registry of Barcelona, Volume 37.874, Folio 0189, Sheet 316.389, province B, entry 1, with CIF: B -63911325, and natural and / or legal persons (hereinafter, "CONTRACTING PARTY") 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 consumers and those that can be referred to here, will be exclusively applicable to customers who have such consideration as consumers and who act with a purpose unrelated to their commercial activity, business Arial, trade and profession.
These requests from users constitute the particular conditions to which these general conditions are associated, which the CONTRACTING PARTY must necessarily accept electronically prior to the purchase of the product. The CONTRACTOR is exposed through this website to the present conditions, so that he can read, print, file and accept them. The present general conditions attached to the request of the specific products made by the CONTRACTOR imply the formalization of the contract of sale between OUTLET MOTO and the CONTRACTING PARTY who states that they have read, understood and accepted these conditions. The CONTRACTING PARTY will always be able to consult these general conditions through the Web page.
FIRST.- OBJECT OF THE CONTRACT .-
By these General Conditions, OUTLET MOTO undertakes to deliver to the CONTRACTOR the products that it 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 the present General Contract Conditions.
SECOND.- APPLICABLE LEGISLATION .-
These General Conditions are subject to the provisions of Law 7/1998, of April 13, on General Contracting Conditions, Law 26/1984, of July 19, General for the Defense of Consumers and Users, to the Real Decree 1906/1999, of December 17, 1999, by which the Telephone or Electronic Contracting is regulated with general conditions, the Organic Law 15/1999, of December 13, of Protection of Data of a Personal Nature, the Law 7 / 1996, of January 15 of Retail Trade Regulation, of Law 34/2002 of July 11, Services of the Information Society and of Electronic Commerce and Law 23/2003, of July 10, of Guarantees in the Sale of Consumer Goods.
THIRD.- ALTERATION OF THE GENERAL CONDITIONS .-
OUTLET MOTO reserves the right to modify these General Conditions at any time, without prior notice to the CONTRACTING PARTY, which 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.
FOUR.- RIGHTS AND OBLIGATIONS OF OUTLET MOTORCYCLE .-
4.1. Delivery of the product.- OUTLET MOTO undertakes to deliver the product in perfect condition at the address indicated by the CONTRACTING PARTY on the order form which contains the specific conditions that are attached to these General Conditions. 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 card's file. Normally, the product is delivered within a period of approximately 48 hours from when OUTLET MOTO has checked the price payment. In the event that the product is not in stock or the delivery period is greater than that indicated in the product file, OUTLET MOTO will inform the CONTRACTOR of the new term by email.
If the product object of the order is not available in stock, when THE CONTRACTING PARTY has been expressly informed of this possibility, OUTLET MOTO may offer a product with similar characteristics that has the same or superior quality. In the case of not accepting the substitution of the offered good, THE CONTRACTING PARTY may exercise its rights of withdrawal and resolution in the same terms as if it were the property initially required, as recognized by Law 7/1196, of January 15, of Ordination of Retail Trade.
4.2. Responsibility of the OUTLET MOTO. In no case will be responsible in relation to:
4.2.1. Errors, delays in access by the CONTRACTOR when entering their data in the order form, the slowness or impossibility of reception 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 unforeseeable circumstances or force majeure and any other unpredictable contingency beyond the good faith of the company. In any case, OUTLET MOTO is committed 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.
4.2.2. Of the errors or damages produced by an inefficient use of service and bad faith by the CONTRACTOR.
4.2.3. Of the non-operability or problems in the e-mail address provided by the CONTRACTOR for sending the order confirmation.
4.3.4. OUTLET MOTO acknowledges the CONTRACTOR the right of withdrawal under the terms and terms recognized in Royal Legislative Decree 1/2007 of November 16, in this case OUTLET MOTO will reimburse the CONTRACTOR the amount paid in concept of price and applicable taxes, to the number of account indicated by the CONTRACTING PARTY. The CONTRACTOR has a period, to exercise the right, of 15 days from the delivery of the Product, considering as such date, unless proven otherwise, that indicated in the delivery document signed by it. In order to exercise this right, the CONTRACTOR must complete the DOCUMENT (download document) that has been created for this purpose and notify OUTLET MOTO, in some way admitted by law and within the time limits, to the address included at the beginning of the present. General Conditions also sending the corresponding product. In any case, the CONTRACTING PARTY will be responsible for the direct costs of returning the aforementioned product, as well as for any damage caused to it as a result of its return.
The right of withdrawal recognized in this clause is understood without prejudice to the exceptions to the same as the fixed legislation itself. Enunciatively and not exhaustively, this right can not be exercised in relation to goods that, by their nature, can not be returned or may deteriorate, including expressly, the products that have been customized at the consumer's request.
4.3.1. OUTLET MOTO, it is required to deliver the product in perfect condition, being exempt from any liability in relation to possible breakages or defects in the product packaging produced after the delivery thereof. In this case, the CONTRACTING PARTY expressly waives the right to claim any contractual or extra-contractual liability for possible damages or losses.
4.3.2. OUTLET MOTO will respond, in accordance with Law 23/2003, of July 10, of Guarantees in the Sale of Consumer Goods, of the conformity at the time of delivery of the product, with the present General Conditions as well as, especially, with the file of each product that appears on the website at the time of its acquisition or that is delivered to the CONTRACTOR. The CONTRACTOR, before signing the delivery of the order must check that the product is delivered in perfect condition, if it gives its approval at the time of delivery it will be presumed, by both parties, that the product is in accordance with these General Conditions as well as with its corresponding file.
4.3.4. The shipping costs to the warehouse for defective products within the warranty period are at the expense of the CONTRACTING PARTY, with dOUTLET MOTO being the return of the product to the CONTRACTOR's address.
4.4. Deadlines: OUTLET MOTO 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 General Conditions and its corresponding record. In any case, the CONTRACTOR has a period of two months to inform OUTLET MOTO of the lack of conformity of the product, from the moment it was detected.
In the event that such lack of conformity has been detected after 6 months from the delivery of the product, it will be the CONTRACTING PARTY who must demonstrate that said lack of conformity already existed in the aforementioned delivery moment. In this case, OUTLET MOTO will take reasonable actions so that the CONTRACTING PARTY can contact the manufacturer of the product in order to find the best solution in each specific case, without OUTLET MOTO being obliged to obtain any concrete result.
FIFTH.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTY .-
5.1. Payment.- The CONTRACTOR agrees to pay in advance the amount for the product actually requested in the following amount and form:
5.1.1. Amount.- The remuneration for the product actually requested by the CONTRACTOR based on the requested product will be that 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.
The older, at the price listed on the website for each of the products offered must be added the relevant shipping costs. The CONTRACTING PARTY may choose among several shipping methods, ordinary or urgent, and, depending on this, the weight and distance where it must be delivered, the shipping costs will be added to the concrete cost of the product. When dealing with rates that at no time apply OUTLET MOTO, they will always be offered officially by the state postal service or by private courier companies and OUTLET MOTO will not generate any benefit for these rates by communicating the global cost of both the product as of the shipping costs always before the CONTRACTOR before formalizing the purchase itself and in the email confirmation of it.
5.1.2. Forms of payment.- The CONTRACTING PARTY must pay the amount corresponding to their order through payment by bank transfer, being necessary to send a receipt of this payment by fax or e-mail in order for the shipment to be confirmed.
If you choose to pay with PayPal, you will be redirected to the secure pages of PayPal, where you can pay quickly and safely with your PayPal account or with your credit or debit card, without sharing financial information. Once you have entered your information to pay, you will be redirected to our store, where you will confirm the payment.
5.2. CONTRACTOR'S RESPONSIBILITY.- In any case, it will be the responsibility of the CONTRACTING PARTY:
5.2.1. The CONTRACTOR assumes all risks of deterioration, impairment, damage and loss of the Products from the moment they have been made available by the third party who, on behalf of OUTLET MOTO, delivers the requested products.
5.2.2. The CONTRACTOR agrees to check the good condition of the Product before the third party that, on behalf of OUTLET MOTO, delivers the requested product, indicating at that moment any anomaly that could be detected on the packaging.
If subsequently, once the content has been reviewed, the CONTRACTING PARTY should detect any incident such as a blow, breakage or any other malfunction caused by the shipment. The latter undertakes to notify the SERVICE PROVIDER within 24 hours after receiving the information. product.
6.1.- OUTLET MOTO will in no case be responsible for:
6.1.1.- 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.
6.1.2.- Of the production of any type of damage that the CONTRACTING PARTY or third parties may cause on the Website.
6.2.- OUTLET MOTO reserves the right to suspend access without prior notice in a discretionary manner and with a definitive or temporary nature until the effective liability for any damage 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.
SEVENTH.- AUTHOR AND TRADEMARK RIGHTS .-
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 said 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 (common trademark 009689811, registered on 06/15/2011) by the company owner of this web page and domain: SOFER ACCESORIOS, SL, with address at calle Pallars, 65 in Barcelona and NIF B-63911325.
The use of this trademark in accordance with the provisions of Law 17/2001, of December 7, of Trademarks, without the prior authorization of the owners of both this website and the brand is prohibited.
Likewise, the use of the logo of the brand and the contents published on this website is prohibited, and can not be used without the consent of the owners, in accordance with the Trademark Law.
By way of example, the use of the reference mark is prohibited without the authorization of its owner:
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 recover the damages caused by the infringement of its existing rights on the OUTLET MOTO brand.
EIGHTH.- COMPETENT JURISDICTION AND APPLICABLE LAW .-
These general conditions are governed by Spanish legislation. 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 of electronic commerce. In the event that the CONTRACTING PARTY does not have the consideration of a consumer, any conflict related to the interpretation or execution of these General Contracting Conditions 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 void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. OUTLET MOTO may not exercise any of the rights and powers conferred in this document, which shall not imply any waiver of the same unless expressly acknowledged by OUTLET MOTO.