The owner of the website is  otomotorcycles, with NIF 20260653E, with registered office at Avda. de Portugal, 73. Local Der.  28934 Móstoles (Madrid) Spain, hereinafter the Seller.

Sales on the otomotorcycles.com website shall be governed by these Terms and Conditions of Purchase, except as otherwise expressly agreed in the relevant offer or acceptance of the order and which constitute the particular conditions of the order.  Therefore, any other conditions which have not been expressly accepted by the Seller shall be void for all purposes.

By accepting these Terms and Conditions, you represent that you are over 18 years and have full capacity to enter into contracts of sale through the otomotorcycles.com website.

If you are resident in a country outside the EU, you must be of legal age in your country to make purchases from a website.

You will be deemed to have been informed of, and to have understood and fully accepted, these Conditions from the moment you tick the relevant acceptance box when placing an order. Therefore, the Seller recommends that you read these Conditions carefully before proceeding to make a purchase.

PURCHASE PROCESS

You must follow the online purchase procedure set out on the otomotorcycles.com website whereby various items can be selected and added to the shopping cart or basket and finally purchased by clicking on “Checkout”.

You do not need to register as a user to place orders on the otomotorcycles.com website, but you do need to fill in all the details and check the accuracy of the information requested at each step.

Once your order has successfully arrived at otomotorcycles.com, you will receive an automatic confirmation email sent to the email address you provided when you placed your order.

That email address is the main communication channel that the Seller has to contact you. That is why it is important that you indicate a real and correct email address when placing the order. We recommend that you keep this email address, as the order confirmation (receipt) also serves as a guarantee of proof of purchase.

Once the purchase has been completed, you consent to the otomotorcycles.com website generating an electronic invoice in PDF format that you will receive in the email you provided when placing the order.

Communications, purchase orders and payments involved in transactions on the otomotorcycles.com website may be archived and kept in computerised records owned by the Seller, in order to provide evidence of transactions. The Seller shall comply with reasonable security conditions and applicable laws and regulations, and in particular with the General Data Protection Regulations (GDPR) and your rights under the otomotorcycles.com Privacy Policy.

PRICES

The prices of the products on otomotorcycles.com are shown in Euros (€). They correspond to the unit price with the current Value Added Tax (VAT) and do not include shipping costs, which are to be paid by the recipient.

The prices published on otomotorcycles.com are valid except for typographical errors, they cancel all previously published prices and are those in effect at the time of publication.

With regard to Value Added Tax, as a general rule the tax rate of 21% will be applied for the territory of the European Union where this tax is applicable. All companies belonging to European Union countries except Spain and which are registered as an intra-Community operator will be exempt from paying this tax. VAT will not be charged on sales to any other country in the world, although the customs systems of each country may apply their own tax charges, which will be paid by the recipient of the order.

The prices displayed on otomotorcycles.com may be reviewed and modified if conditions require at any time. Changes in prices shall not affect current orders.

PRODUCTS ON OFFER

All the products that the Seller promotes at a special price will be shown on the website with the following information: offer price, usual price, percentage discount.

PAYMENT METHODS

CREDIT / DEBIT CARD

All purchases on otomotorcycles.com can be paid by Visa, MasterCard or Maestro credit or debit card.

When you select the credit or debit card payment option, the website will redirect you to the Banco Santader secure payment gateway which will ask you for certain information: at least the sixteen card numbers, the expiry date of the card, and the CVV (the last three numbers on the back of the card). If your bank has implemented two-factor authentication security measures, it will also ask you for a key sent to your mobile phone or other biometric identification.

For greater security, while the payment is being made you will momentarily leave the otomotorcycles.com site and complete the payment within the TPV (Point of Sale Terminal) of Banco Santander and then return automatically to otomotorcycles.com.

Under no circumstances does the Seller use your card details or store them in any database; they travel directly from otomotorcycles.com to the Bank’s POS via a secure low channel, making it impossible for anyone other than the bank to read or access them.

PAYPAL

Purchases can also be paid by PayPal if you have an account in this system.

When you select the PayPal payment option, the website will redirect you to the PayPal page, where after identifying yourself you will be able to select a funding source from those available to you, and you will have to follow the instructions until you make the payment.

For greater security, while the payment is being made you will momentarily leave the otomotorcycles.com website and make the payment within the secure PayPal page, and then return automatically to otomotorcycles.com.

The Seller is not responsible for any charges that PayPal may make to your account due to its own fees or security validation procedures.

PRODUCT AVAILABILITY

The Seller endeavours to accurately reflect on the otomotorcycles.com website the actual availability of products. However, circumstances beyond its control may occur which result in the supply or breakage of stock of any item.

If you have purchased a product that is out of stock, as soon as the incident is detected the Seller will inform you and offer you the possibility of exchanging the product for another of similar characteristics and price or, if this is not possible, will proceed to reimburse the amount of the product or products out of stock. The refund will be made by the same means of payment with which you paid for your order.

SHIPMENT

In general, goods are delivered carriage paid. The shipping cost is calculated individually and depends on the destination and the total weight of the goods.

During the processing of the order and before the confirmation of the purchase you will be shown the exact cost of the shipment. Once the order confirmation has been received, the amount corresponding to the shipping costs will be added to the total to be paid.

Delivery will be understood to have been made when the ordered products are delivered packed and checked, together with the necessary documentation to the carrier who is to take them to the delivery address you have indicated. The Seller does not assume any risk of loss or damage to the products once they are no longer in its possession.

The Seller reserves the right not to accept shipments to PO Boxes.

RECEIPT OF THE PRODUCT

Please note the following recommendations when you receive your order from the courier company.

You must check the following points before you sign “received” and give your approval of the receipt of the order:

– The package must not show any violation of the seal.

– Open the package and check the condition of the product, it must not be damaged, damaged or missing components. If you find any deficiencies, we recommend that you take photos of the condition of the product.

In case of non-compliance with any of these points, do not receive the goods and do not sign “received”. Otherwise, any subsequent complaint will be “INVALID”. In this case, ask the courier to return the package and contact us immediately (Email: admin@otomotorcycles.com) to file a report and send your package back to you.

RETURNS

FOR DEFECTIVE OR FAULTY PRODUCTS

In the event of receiving a defective or faulty product and provided that the problem is due to the Seller, you must report the incident within a period not exceeding 14 calendar days from receipt of the goods by email: admin@otomotorcycles.com

BY CUSTOMER WITHDRAWAL

If you have decided to exercise your right of withdrawal and return the product, you must contact the Seller within 14 calendar days of receipt of the goods by e-mail: admin@otomotorcycles.com.

RETURN PROCEDURE

Whatever the reason for the return, the seller will arrange to pick up the product at the same address to which it was sent. A copy of the purchase invoice must be sent with the product.

In case of return due to defect or defect, no additional costs will be charged.

The right of return due to defect or tare cannot be applied in the following case:

• if the packaging of the product is not the original packaging or if the packaging is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.

In case of return due to withdrawal, the costs incurred for the collection of the product will be deducted at the time of refunding the amount.

The right of return due to withdrawal may not be applied in the following cases:

• If the product is not presented in perfect condition.
• If the packaging of the product is not the original packaging or if it is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
• When the seal is open without being able to demonstrate that it has not been installed.

Once the goods have been received in our offices and we have checked that all the above conditions have been met, the Seller will accept or not the return of the product and will proceed to refund the amount of the product minus the shipping costs, or, if applicable, to send a replacement product for the defective one.

The refund will be made following the payment method with which the order was paid:

• For payments made by debit or credit card, the amount will be credited to the same card with which you made the payment.
• For payments made by bank transfer, we will ask you for an account number where the amount will be paid.
• For payments made by PayPal, the amount will be credited back to your PayPal account. PayPal charges sellers a chargeback fee which we are obliged to deduct from the refund, and only if you have chosen this payment method.

We will not accept any type of discontinued material, products on offer or products in which any irreversible personalisation, engraving, printing or modification has been made at your request.

WARRANTY

The Seller offers the legal guarantee of 2 years in respect of defects in materials, manufacture or assembly, as established in Royal Legislative Decree 1/2007 of 16 November, which approved the revised text of the General Law for the Defence of Consumers and Users.

The guarantee expressed consists of the repair or replacement (at the Seller’s discretion) of the elements that have been recognised as defective, either because of material defects or because of manufacturing or assembly defects. Repairs are understood to be carried out at the Seller’s premises.

The repair or replacement of a defective item does not change the start date of the warranty period for the entire order.

Without prejudice to the above, the repaired or replaced element will have 1 year of guarantee from the date of its repair or replacement.

The legal guarantee does not cover:

• Defects or damage due to incorrect use or handling of the material or wear and tear produced by normal use of the material.
• Decreases in the functionality of the articles, due to design limitations.
• Damage caused by incorrect assembly of the product. If you have any doubts when assembling a product, we recommend that you first consult the instructions in the user’s manual. If you need additional assistance for the assembly, please contact the Seller at the following e-mail address: contacto@otomotorcycles.com
• Repairs, modifications or interventions carried out by personnel other than the official distributors authorised by the Seller.
• Damage that is not directly attributable to the normal operation of the product, such as damage resulting from impacts, handling errors, interventions or attempts to intervene in the material for maintenance, repair or adjustment operations or any other modification made at your own risk.

The Otomotorcycles product is intended to mitigate the impact to the motorcycle in the event of a fall, but in no event shall the seller be liable for damage to the motorcycle in the event of any type of impact. It is recommended that the product be replaced in case of impact.

In addition, the following are excluded from the guarantee, and are grounds for expiry of the guarantee: damage and defects caused by improper maintenance or conservation, incorrect or negligent storage or use, abusive use, use of unsuitable liquids and gases as well as unsuitable flow or pressure, defective assemblies, variations in the quality of the electrical supply (voltage, frequency, disturbances,…), modifications introduced without the Seller’s approval, installations carried out or modified subsequently without following the product’s technical instructions and, in general, any cause not attributable to the Seller.

LIMITATION OF LIABILITY

Unless otherwise provided by law, the Seller limits its liability in the following cases:

• The Seller uses reasonable efforts to provide an accurate display of the product on the otomotorcycles.com website. However, no liability is accepted for minor differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used to access it.
• The Seller will act with the maximum diligence in order to make available to the company in charge of the transport the articles of your order. However, the Seller is not responsible for any damage resulting from a malfunction of the transport, especially for causes such as strikes, roadblocks, and in general any other cause typical of the sector, which results in delays, loss or theft of the product.
• Technical failures that, by chance or otherwise, prevent normal operation of the service through the Internet.
• Unavailability of the otomotorcycles.com website due to maintenance, server downtime or other reasons, which prevent the service from being available.
• Impossibility of delivering or collecting the order at the destination address as a consequence of the data you have provided in the purchase being incomplete or containing inaccuracies, or when the delivery cannot be made due to causes beyond the control of the delivery company, such as your repeated absence from the home or the retention of the product at a customs office.
• In general, the Seller cannot be held liable for any failure or delay in the performance of any of its obligations where this is due to events beyond its reasonable control, i.e. due to acts of God or force majeure.

The liability of the Seller, its agents, employees, subcontractors and suppliers for claims arising from the performance or non-performance of its contractual obligations shall not exceed the contractual base price as a whole and does not cover you in any way for possible damages arising from loss of profit, loss of revenue, production or use, capital costs, downtime costs, delays or third party claims, costs of substitute energy, loss of anticipated savings, increased operating costs or any special, indirect or consequential damages or losses of any kind.

This limitation of liability shall prevail over any other limitation contained in any other contractual document which is contradictory or inconsistent with it, unless such provision would further restrict the Seller’s liability.

The Seller reserves the right to cancel an order if fraudulent, speculative or bad faith acts are detected in the use of the otomotorcycles.com website.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The Seller is the owner of the intellectual and industrial property rights to the products sold on otomotorcycles.com

For your part, you acknowledge and accept that the products, as well as their contents, packaging, materials, etc., are subject to the aforementioned intellectual and industrial property rights, and that said ownership corresponds to the Seller.

The act of browsing or placing an order on otomotorcycles.com shall in no way be construed as a waiver, transfer, licence or assignment in whole or in part of any intellectual or industrial property rights held by the Seller.

You may not, under any circumstances, alter, exploit, reproduce, distribute or publicly communicate the otomotorcycles.com website, its contents or the products purchased through it, without the prior and express authorisation specifically granted to that effect by the Seller.

COMPLAINTS

You can make a complaint or claim to the Seller by e-mail to: contacto@otomotorcycles.com

If you do not agree with the Seller’s response and you are a resident of a European Union country, you can submit your complaints through the online dispute resolution platform created by the European Commission, which is available at: http://ec.europa.eu/consumers/odr/

JURISDICTION

These Conditions shall be governed by and construed in accordance with the laws of Spain. The parties expressly waive any other jurisdiction that may correspond to them and submit to the jurisdiction and competence of the Courts and Tribunals of Móstoles (Madrid) Spain.

This text has been translated from Spanish. In case of discrepancy in the form or understanding of the translation, only the original interpretation of the text in Spanish shall be considered valid.