GENERAL CONTRACTING CONDITIONS

Version 1. 0 / 2022

This document establishes the general conditions of the contractual relationship that aims to buy and sell 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, 1st inscription, with CIF: B-63911325, and the natural and / or legal persons (hereinafter, "CONTRACTING PARTY") who express their willingness to buy the products through the request made via the Internet through this website. All the rights that the current Laws recognize to consumers and to which reference may be made herein, will apply exclusively to customers who are considered consumers and who act for a purpose outside their commercial, business, trade and profession.

These requests from users constitute the particular conditions to which these general conditions are associated that the CONTRACTOR must necessarily accept telematically prior to the purchase of the product. The CONTRACTOR is exposed through this same website these conditions, so that he reads, prints, files 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 may 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 www.outletmoto.com website   in exchange for a certain price.

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

a) That it is a person of legal age and with 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 CONTRACTING PARTY, who in any case, is responsible for reviewing them as a prerequisite for 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 MOTORCYCLE OUTLET.-

3.1.  Delivery of the product.- OUTLET MOTO undertakes to deliver the product in perfect condition at  the address or delivery point indicated by the CONTRACTOR indicated in the order form where the particular conditions that join these General Conditions are stated. 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 file. Normally, the product is delivered within a period of approximately between 24 and 96 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 or telephone. 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 of similar characteristics that has the same or higher quality. In the case of not accepting the replacement of the good offered, THE CONTRACTING PARTY may exercise its rights of withdrawal and resolution in the same terms as if it were the good initially required, as recognized  by the applicable regulations.

3.2.  Responsibility of the OUTLET MOTO. In no case 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. Errors or damages caused by an inefficient and bad faith use of the service by the CONTRACTING PARTY.

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

3.3.  Guarantees:

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

3.3.2.  The guarantee that applies  to the Product when delivered to the CONTRACTOR is  three years, alwaysbefore 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 event is it guaranteed that the Product supplied will be 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 thereof, 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 costs of shipping, transport, labor or materials used to bring the product into 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 termination of the Contract of sale. In any case, the termination of the Contract will not proceed when the non-conformity is of minor importance. In the event of contractual termination:

-       OUTLET MOTO will refund to the CONTRACTOR all 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 CONTRACTING PARTY.

4. Right of withdrawal:

OUTLET MOTO recognizes the CONTRACTOR the right of withdrawal in the terms and deadlines recognized in Royal Legislative Decree 1/2007 of November 16, in this case OUTLET MOTO will reimburse  the CONTRACTOR the  amount paid for the applicable price and taxes as  well as the shipping costs, unless you had selected a shipping method other than the cheapest of those offered. ,  by the same means of payment used by the CONTRACTING PARTY. The CONTRACTOR has a period of 60 days from the delivery of the Product to exercise the right, considering as such date, unless proven otherwise, the one indicated in the delivery document signed by it. In order to exercise this right, the CONTRACTING PARTY must send  the WITHDRAWAL FORM  to the  email to info@outletmoto.com and notify OUTLET MOTO within the established deadlines returned the corresponding Product by the means of transport provided by OUTLETMOTO or the one selected by the CONTRACTING PARTY.  

·         SPAIN PENINSULA, BALEARIC ISLANDS and PORTUGAL PENINSULA.
The return costs will be free for the CONTRACTOR in orders over € 69 including taxes. In the case of orders under € 69 the cost of returning the product, provided that the means of transport provided by OUTLET MOTO is used, will be € 2.90.

·         FRANCE, ITALY, HOLLAND, LUXEMBOURG, BELGIUM.
The return costs will be free for the CONTRACTOR in orders over € 69 including taxes. In the case of orders under € 69 the cost of returning the product, provided that the means of transport provided by OUTLET MOTO is used, will be € 5.90.

·         REST OF THE EUROPEAN UNION (Except Canary Islands, Cyprus, Malta, Azores and Madeira).
The return costs will be borne by the CONTRACTOR, provided that the means of transport provided by OUTLET MOTO is used will be € 19.90.

·         OUTSIDE THE EUROPEAN UNION, CANARY ISLANDS, CYPRUS, MALTA, AZORES AND MADERIA
the CONSUMER will be responsible for getting the returned product to the facilities of SOFER ACCESORIOS S.L.  The return costs will be borne by the CONTRACTOR, as well as the necessary procedures.

Returns may be subject to customs fees and handling fees applicable in the countries of origin with destination Spain. The aforementioned amounts and any exemptions from payment are exclusively determined by the shipping criteria between the country of the CONTRACTING PARTY and Spain. In case of non-satisfaction of these prices by the CONSUMER, the product may be retained at the corresponding customs until the customer does not make the payment of the associated taxes and expenses.

The right of withdrawal recognized in this clause is understood without prejudice to the exceptions to it that the legislation itself fixes. By way of example and not exhaustively, this right may not be exercised in relation to goods that, by their nature, cannot be returned or may deteriorate, expressly including products that have been personalized at the request of the consumer.

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

FOURTH.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTY.-

4. 1. Payment.- The CONTRACTOR undertakes to pay in advance, the  amount for the product 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 that indicated on the website and that which appears in the specific request of the CONTRACTOR at any time, 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 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 at no time depend on OUTLET MOTO, they will always be those officially offered by the state postal service or by private  companies being shown as the shipping costs always prior to the CONTRACTOR before formalizing the purchase itself and in the confirmation email of the same.  

Purchases from outside the European Union: purchases made from outside the European Union may be subject to customs fees and handling fees applicable in the countries of destination of the goods purchased. The aforementioned amounts and any exemptions from payment are exclusively determined by the criteria established by the country outside the EU, recipient of the product purchased. In case of non-satisfaction of these prices by the CONSUMER, the product may be retained at the corresponding customs until the customer does not make the payment of the associated taxes and expenses.

4.1.2.  Forms of payment. - The CONTRACTOR must pay the amount corresponding to your order through any of the payment methods offered by OUTLETMOTO, being necessary to send by fax or email a receipt of said payment for the shipment to be confirmed.  

If you choose to pay with PayPal, you will be redirected to secure PayPal pages, where you can quickly and securely pay 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 risks of deterioration, impairment, damage and loss of the Products from the moment they have been made available to him by the third party who, on behalf of OUTLET MOTO, makes the delivery of the requested products.

4.2.2. Without prejudice to the applicable rules for the commercial guarantee of consumer goods, the CONTRACTOR undertakes to notify OUTLETMOTO as soon as possible of any breakage, blow or incident that may have been caused by the transport in order for OUTLETMOTO to make the appropriate arrangements with it.

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.- The production of any type of damage that the CONTRACTOR or third parties may cause to the Website.

5.2.- OUTLET MOTO reserves the right to suspend access without prior notice at its discretion and definitively or temporarily until the assurance of effective liability for any damages that may occur. Likewise, OUTLET  MOTO will collaborate and notify the competent authority of these incidents at the moment 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, 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.

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 brand.

Likewise, the use of the brand logo and the contents published on this website is prohibited, and may not be used without the consent of their 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.

In case you are interested in using the brand OUTLET MOTO, 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 over 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 applied.  In the event that the CONTRACTING PARTY is not considered a consumer, any relational conflict with 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 purpose of these conditions. OUTLET MOTO may not exercise any of the rights and powers 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 ONLINE DISPUTE RESOLUTION.-

Without prejudice to what is stated 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/. The CONTRACTING PARTYS who have the status of consumers, may submit their claims through the online dispute resolution platform.