General conditions

This section establishes the contracting and acquisition of the products offered through the site https://motobrica.com owned by MOTOBRICA 2022, SL (hereinafter MOTOBRICA).

By accepting this contract, the consumer and/or user (hereinafter "client") agrees to the following:

1.- That he is a person with sufficient capacity to contract.

2.- That you have read, understand and accept unreservedly and each of the points of these general conditions

3.- That it assumes all the established obligations.

Without prejudice to the provisions of these Conditions of Contract, the Client is subject without reservation to compliance with the rules established in the Legal Notice of the Site.

MOTOBRICA does not have the purpose of processing data corresponding to minors. MOTOBRICA only sells to people of legal age in accordance with Spanish legislation (article 315 of the Civil Code).

These General Contracting Conditions will have an indefinite validity period and will be applicable to all contracts made through the https://motobrica.com website.

MOTOBRICA informs the client that, in addition to reading these General Contract Conditions and before you start browsing and/or using our website, you must read the Legal Notice, the Privacy Policy and the Cookies Policy of our Site. By using this website and/or proceeding to request or purchase one or more of our products and services, you, as a customer, are bound by these General Contract Conditions and the rest of the policies on this website. Therefore, if you do not agree with the aforementioned policies, you should not use this website.

MOTOBRICA reserves the right to modify the contractual offer, constituted by these general conditions and the list of products and their prices, at any time, although said modifications will not be made with the contracts already made by the consumer and/or user previously. . For all these reasons, it is recommended that you read it before proceeding to purchase any product/service offered.

In any case, for any questions or queries in relation to these conditions, as well as any other policy on our website, the client can contact MOTOBRICA through the channels pre-established for this purpose in this document and on the website.

Identity of the Parties

On the one hand, MOTOBRICA 2022, SL (Owner of the website https://motobrica.com) with CIF B72928856 as supplier of the products contracted by the consumer and/or user, with registered office at Calle Jose María Buck, 10, 4ºDC 03201 Elche (Alicante). Contact address info@motobrica.com.

On the other hand, the client, registered on the website and whose purpose is to be a consumer and/or user thereof and/or contract MOTOBRICA's products or services.

Communication and contact

For the purposes of communications, MOTOBRICA makes the following means available to the client:

Email: info@motobrica.com

Postal address: Calle Jose María Buck, 10, 4ºDC 03201 Elche (Alicante), Spain.

Contact and user service form.

The communications made between the client and MOTOBRICA by said means will be considered effective and valid for all purposes.

Client Responsibility

The client undertakes to make lawful use of the website and the services provided therein, respecting current legislation and refraining from harming the rights and interests of third parties and of MOTOBRICA.

The client is responsible for the veracity of the data provided to MOTOBRICA, therefore he is responsible for the consequences that may be caused by providing false or erroneous data on this website. Likewise, the client must respect and accept these General Conditions of Contract, and the legal and privacy notices established on the web.

Failure to comply with the foregoing may lead to the withdrawal or cancellation of the services by MOTOBRICA without the need for prior notice and without the right to any compensation, as well as the initiation of legal actions to which they have the right to resort. MOTOBRICA.

MOTOBRICA's responsibility

MOTOBRICA undertakes to respect the obligations established in these General Contract Conditions.

For any information or to resolve doubts, the client will have the form established for this purpose in the "Contact" section or by email to the email address info@ motobrica.com indicating the order number or establishing your inquiry.

For more information about MOTOBRICA's liability and its limitation with respect to the use of the website and the products offered on it, please review the "Limitation of Liability" section of this document.

Language

The commercial, contractual information and the communications with the Clients will be carried out in Spanish.

Technical Means to Correct Errors

In the event that the customer detects that an error has occurred when entering their personal data during the purchase process, they may correct errors by contacting customer service by email: info@motobrica.com

At any time before definitively confirming the purchase, the customer can go back or leave the page and their order will not be effective. Likewise, you can cancel the items in an order by removing them from the shopping cart, before confirming your order.

As indicated, if you detect an error in your order after the completion of the payment process, you must also contact us immediately through the form described in this section.

In the event that the product has left MOTOBRICA's warehouses, the customer must pay the shipping costs.

Electronic Document Archive

As additional prior information, required in art. 27 of Law 34/2002, on Services of the Information Society, the consumer and user are informed that MOTOBRICA will file the electronic document through which their purchase is formalized and said document will not be accessible.

Object of the Contract. (Description of Products and Services)

The purpose of this contract is to regulate the existing relationship between MOTOBRICA and the client at the moment in which the latter grants their consent during the contracting process by sending their personal data, an action by which they confirm that they have read and accepted the Privacy Policy of the present website.

The contractual purchase-sale relationship will entail the delivery of one or more products in exchange for a certain price on the web.

Recruitment Procedure

The purchase of MOTOBRICA products can be made as established in the link how to buy.

Products/Services Offered

The main characteristics of each product are described in their corresponding tabs or sections. (Characteristics, price, offers, discounts, etc).

The offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer.

For any information about the order, the client will have the form established for this purpose in the "Contact" section or by email to the email address info@motobrica. com is indicating the order number that was assigned to you in the purchase confirmation email.

Price and Period of Validity of the Products

The client accepts that the economic valuation of some of the products may vary in real time. As a consequence, the price to be applied will be the one in force on the date of placing the order. Notwithstanding the foregoing, said final price will be communicated to the customer in the electronic purchase process in advance and before the latter proceeds to formalize his acceptance of the purchase.

The prices indicated for each product include Value Added Tax (VAT) and in any case will be expressed in the Euro currency (€). VAT tax rates may vary depending on the nature of the products in the order.

The prices indicated in the products, unless expressly indicated otherwise, do not include shipping costs, shipping insurance or any other additional services and annexes to the product or service purchased.

The client will be able to verify and calculate the total price of the product with the exact breakdowns before proceeding to formalize the payment in the purchase process of the web.

Billing

Any payment made by MOTOBRICA will lead to the issuance of an electronic invoice in the name of the customer who has proceeded to purchase a product. Said invoice will be automatically sent to the email address provided by the client in the purchase process.

The client expressly consents through the acceptance of these general conditions to said remittance of the invoice electronically. Notwithstanding the foregoing, you may revoke said consent at any time, by sending an email to MOTOBRICA to the address info@motobrica.com establishing in the subject "paper invoice" and indicating your desire to receive it in said Format.

Way to pay

1) By credit card. Through this means of payment, the customer will have to provide their card number, the expiration date and their CVV number. In this case, your data will be encrypted and sent under a secure server to the bank's virtual POS. This procedure does not provide the card number to MOTOBRICA.

2) Through PayPal: In order for the customer to be able to pay for their purchases through this system, they must have a PayPal account. For more information www.paypal.es.

Deadlines and Delivery of Orders

The product will be considered delivered to the client at the time it is available to the client and the reception of the product is signed by the transport agency.

The delivery of the orders will be made at the delivery address freely designated by the client in the purchase process once the payment has been executed and confirmed.

In no case will MOTOBRICA be responsible when the delivery of the product does not take place as a result of the data provided by the customer being false, inaccurate or incomplete, or when the delivery cannot be made for reasons beyond the control of the entity in charge of the shipment. , as it is, the absence of the addressee.

As previously indicated in these General Contract Conditions, MOTOBRICA only sells its products in the Spanish market and sends them to Spain, therefore it only supplies products purchased from national distributors of their respective brands, with a valid guarantee in Spain and a manual. in Spanish.

In case of delivery in the peninsula, MOTOBRICA will establish a delivery period in the Peninsula (Spain). MOTOBRICA will establish a postal delivery system for the delivery of products purchased by customers whose destination is the Balearic Islands or the Canary Islands.

It is possible that the shipment is delayed beyond the established deadlines, in this case, MOTOBRICA will adopt the measures required of a diligent merchant so that the delivery can be made within the agreed time, and if not, within a maximum period of 30 calendar days from the purchase of the product as specified in the current regulations on Consumers and users (art. 109).

If, despite this, the product is still not delivered, the buyer has the right to summon MOTOBRICA to comply in an additional period appropriate to the circumstances. If the employer does not deliver the goods within said additional period, the client will have the right to terminate the contract, and the seller must proceed to reimburse, without undue delay, all amounts paid by the buyer under it.

Shipping costs

The shipping costs will be 6 euros through the "national economy" option, notwithstanding that they may vary depending on the value of the purchase, the Autonomous Community of shipment, the size and weight of the product. These data will be provided by the customer at the time the purchase is made effective.

Once the order has been placed and its amount confirmed, the system will calculate the cost of the shipping costs, for which the customer will be able to check at any time on his screen, the purchase invoice, in which the costs of the shipment will be broken down. order and shipping.

Claim of Non-Delivered Orders

The customer, after receiving an email that his order has been shipped, if after a reasonable period of time he does not receive the product, he can contact MOTOBRICA by using the "Contact" form or by mail: info@motobrica.com in order to clarify the cause of the delay.

Once the claim has been obtained, MOTOBRICA will contact the customer in order to explain what happened and reach an agreement on what happened.

In the event that MOTOBRICA does not have the contracted good available, the client will be informed of this lack of availability and will receive the amounts paid from MOTOBRICA as soon as possible.

Returns

Our return policy extends the legal guarantee from 14 calendar days to a maximum duration of 30 calendar days. After 30 calendar days from your purchase, MOTOBRICA will not be able to offer you a refund or exchange for the purchased product. This 30-day money-back guarantee does not apply to products without material delivery, such as gift cards or downloadable software products. For more information on this, go to the "Right of Withdrawal" section.

In order to take advantage of the 30-calendar-day guarantee, the purchased product must not have been used by the customer and must be delivered in the same condition in which it was received, including the original packaging. You must also keep the purchase receipt. In any case, we ask you not to send your purchase back to the manufacturer.

The customer will be responsible for paying the shipping costs of returning the product. Return shipping costs are not refundable in any case. If you receive a refund, the cost of shipping the product back will be deducted from your refund.

If you proceed to return an item or product with a price greater than 75 euros, we strongly recommend that you use a trackable shipping service or purchase shipping insurance. MOTOBRICA cannot guarantee in any case that we will receive the returned product.

To proceed with the return of the purchased product, you must send it to the following address: C/ Jose María Buck, 10, 4ºDC 03201 Elche (Alicante), Spain.

refunds

Once the product returned by the customer has been received and inspected, MOTOBRICA will send an email to confirm receipt of the returned item, notifying them of the approval or rejection of the reimbursement of the cost of the same.

If the refund is approved by MOTOBRICA, it will be processed and the amount paid will be refunded automatically to the account linked to your credit card or through the payment method used.

In case of accepting the reimbursement and when this has not occurred within a reasonable period of time (90 days), contact MOTOBRICA to confirm that we have proceeded to reimburse the amount and, subsequently, contact the supplier of your credit card, since the actual reimbursement may take some time due to the operation and payment processing of the bank or entity that provides the services. If you have already carried out these checks and still have not received your refund, please contact us at info@motobrica.com.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you will receive a credit for the value of the item. Upon receipt of the returned item, a gift certificate will be mailed to you.

If the item was not marked as a gift at the time of purchase, or if the gift buyer has been sent the order to be delivered to you later, we will issue a refund to the buyer.

Product exchange (if applicable)

Depending on the address provided by the customer, the delivery time of your exchanged product may vary.

If you wish to exchange the product for another with the same qualities and specifications, send us an email to info@motobrica.com and send your item to the following address: C/ Jose María Buck, 10, 4ºDC 03201 Elche (Alicante), Spain.

cancellations

If, once the purchase is made, you wish to cancel an order that has not yet been issued, you can do so as long as you indicate it using the contact form established for this purpose in the "Contact" section or by writing to the email address info@motobrica .com, customer service form indicating the number of the order to be cancelled.

Defective Product in Delivery

MOTOBRICA replaces or refunds defective or damaged items. In the event that the product is damaged by transport, the customer must indicate this on the delivery note of the carrier.

If, after reviewing the order, the client observes differences between the material received and the delivery note, or the order is damaged by some blow, he must contact MOTOBRICA in the shortest possible time, using the contact form established for this purpose in the section "Contact" or to the email address info@motobrica.com, indicating the order or invoice number and details of the anomalies, as well as the preference for reimbursement or replacement of the same (without no additional cost to the customer).

Codes of Conduct

It is reported that MOTOBRICA is not adhering to any code of conduct, both its own and that of others. Henceforth, this adherence may be modified at MOTOBRICA's own will without express written communication with its customers.

Force Majeure

None of the contracting parties will have any responsibility for any type of failure due to major causes. The termination of the contract will be postponed until the termination of the force majeure situation.

Right of Withdrawal

The consumer and/or user has, by law, a period of 14 calendar days from the date of receipt of the product to return it without the need to indicate the reason and without incurring any cost except for the expenses related to the shipment that will be assumed by the consumer and/or user. MOTOBRICA, increases said term to 30 days. In any case, the product must be returned in its original packaging and in perfect condition.

The following exceptions are established in the exercise of the right of withdrawal and that are expressly included in the Law on consumers and users, which are:

a) The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and/or user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by the employer, you will have lost your right of withdrawal.

b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the employer cannot control and that may occur during the withdrawal period.

c) The supply of goods made according to the specifications of the consumer and/or user or clearly personalized.

d) The supply of goods that may deteriorate or expire quickly.

e) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.

f) The supply of goods that after their delivery and taking into account their nature have been mixed inseparably with other goods.

g) The supply of alcoholic beverages whose price has been agreed at the time of entering into the sales contract and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that the employer cannot control.

h) Contracts in which the consumer and/or user have specifically requested the employer to visit them to carry out urgent repair or maintenance operations; If, during that visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts used necessarily to carry out maintenance or repair operations, the right of withdrawal must apply to said additional services or goods .

i) The supply of sealed sound recordings or video recordings, or of sealed computer programs that have been unsealed by the consumer and/or user after delivery.

j) The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.

k) Contracts entered into through public auctions.

l) The provision of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.

m) The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and/or user with the knowledge on their part that they consequently lose their right of withdrawal

Procedure:

To exercise their right of withdrawal, the consumer and/or user has a period of 30 calendar days. To do this, you will fill in the following form expressly established for this purpose, or you will make another type of unequivocal declaration in which you indicate your decision to withdraw from the sales contract.

Whether by one means or another, your communication must contain the following information:

Your identification data: full name and address

Order number that appears on the invoice that has been sent to you together with the purchased item

Description of the acquired good

Your willingness to withdraw from the sales contract

Bank account where you want the price and costs to be refunded.

Communication date

If you send your request by non-electronic means (for example, postal mail) it must be signed.

From the date on which you notify us of your decision to withdraw from the contract, the consumer and/or user has a period of 30 calendar days to return the purchased item to MOTOBRICA in perfect condition along with a copy of the purchase invoice.

MOTOBRICA will communicate without delay to the consumer and/or user by email the acknowledgment of receipt of said withdrawal, with the instructions for the shipment by the consumer and/or user. Once the product has been received or the consumer and/or user has presented reliable proof of the return of the good, MOTOBRICA will deliver the sums delivered by the consumer and/or user without undue delay.

Applicable Guarantees

All the products offered through the website are completely original, unless otherwise indicated in their description.

All of them have a guarantee period, in accordance with the criteria and conditions described in 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.

The guarantee of durable goods is subject to the application of the General Law for the Defense of Consumers and Users (Official State Gazette No. 287 of November 30, 2007), for a period of two years from the date of delivery, this being the one made on the day that appears on the invoice or purchase receipt, or on the corresponding delivery note (art. 123).

The guarantee is valid in all countries of the European Union. In order to process the guarantee, it is necessary for the customer to keep a copy of their invoice.

If the defect of the good or the lack of conformity arises after 6 months, there is still a legal guarantee but it is the obligation of the consumer and/or user to demonstrate that the defect or lack of conformity already existed at the time of sale and that it was not due to misuse or maintenance of the product on your part.

In any case, it is the manufacturer who provides its particular conditions under the guidelines of the current Law. The guarantee is provided exclusively through the Official Technical Services, and according to their particular terms.

As a consequence of what was stated in the previous point, during the warranty period, defective goods must be sent to the manufacturer's Official Technical Service, so that they can study the defects that they present and determine their causes, as the only technically qualified means to carry out this diagnosis.

Limitation of Liability

MOTOBRICA, despite its technical and security efforts, does not guarantee that the use of this website and its services will be uninterrupted, secure or error-free. MOTOBRICA does not guarantee that the results that may be obtained as a result of the use of the service will always be accurate or reliable.

The client accepts that, in certain cases, MOTOBRICA proceeds to stop the service provided on this website for indefinite periods of time, or that it proceeds to cancel the service at any time, without prior notice. All products and services provided by MOTOBRICA to the customer are offered "as is" and "as available" for their use, always complying with current legislation on consumer protection.

In no event shall our directors, employees, affiliates, agents, contractors, suppliers, or licensors be liable for any direct or indirect injury, loss, claim, or damage of any kind, including, without limitation, lost profits, lost income, loss savings, loss of data, replacement costs or any similar damages that arise as a result of your use of the services of this website or of any product purchased through it.

Similarly, MOTOBRICA is exempt from liability for any other claim related to the customer's use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind. incurred as a result of the use of the services of this website or of any product or content published, transmitted or in any other way made available through this Site.

As previously indicated, in no case will MOTOBRICA be responsible for defects or damages caused to the product due to misuse and/or misuse by the customer. It is the sole responsibility of the buyer to install the motorcycle parts and other installable products purchased on our website. MOTOBRICA is not responsible in any case for any consequence derived from the correct or incorrect installation by the buyer of the parts purchased on the MOTOBRICA website and installed by the buyer.

In any case, MOTOBRICA will be exonerated from being responsible for the guarantee of a product, when the defect comes from misuse by the consumer, when the defect is generated by the fact of a third party or when the consumer disregarded the instructions of installation contained in the manual or in the guarantee

It is not understood as a manufacturing defect that which is a consequence of natural wear and tear.

Complaint forms

The consumer and/or users may file any complaint or claim at the address C/ Jose María Buck, 10, 4ºDC 03201 Elche (Alicante), Spain, as established by the competent regulations in this matter. Notwithstanding the foregoing, the consumer and/or user may, in any case, request the remission of the same through the contact form established for this purpose in the "Contact" section or to the electronic address info@motobrica.com.

Jurisdiction and Applicable Law

These conditions will be governed by Spanish law in the event that any conflict or discrepancy arises in the interpretation or application of these general conditions, before a consumer, the competent courts will be those of the consumer's domicile.

In the case of a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Elche (Spain).

This text has been translated automatically. For doubts or inquiries consult the current version in Spanish.