GENERAL TERMS AND CONDITIONS OF CONTRACT
1. PARTIES AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF CONTRACT:
(hereinafter also the General Conditions or GTC):
On one hand, the provider of the products, MOTOCARD BIKE, S.L., whose trade name is MOTOCARD (hereinafter also the provider), with registered office at C/ Valencia 511-515, 08013, Barcelona, N.I.F. B61643540, customer service phone number +44 (0) 20 7048 6700, and email: [email protected], being the owner of the website
, presents the contractual document that will govern the contracting of products through the aforementioned website.
And on the other hand, the User - Client (hereinafter the User), registered on the website with a username and password, for which they are fully responsible for use and custody, being responsible for the accuracy of the personal data provided to the provider.
BOTH ACCEPT this document, and it implies that the user:
- a. Has read, understands, and comprehends what is stated herein.
- b. Is a legal adult with sufficient capacity to contract.
- c. Assumes all obligations stated herein.
- d. Has read and accepted the present general purchase conditions from the moment they purchase any offered product.
This document can be printed and stored by Users.
The provider makes available to them the email address [email protected] for any questions regarding these conditions.
These conditions will have an indefinite validity period and will apply to all contracts made through the website
of the provider.
The provider reserves the right to unilaterally modify these General Conditions, without affecting goods or promotions that were acquired prior to the modification, in order to improve the offered products. In any case, these general conditions must be consulted before purchasing the products.
It is advisable to keep a copy of the data contained in the purchased products. MOTOCARD BIKE, S.L. is not responsible for any loss of data, files, or any damage resulting from a failure to back up by the User the data contained in the purchased products such as memory cards.
MOTOCARD BIKE, S.L. is not responsible for the consequences that may result from improper use of the products for sale on the website.
The civil liability of MOTOCARD BIKE, S.L. for the supplied products is limited to the amount thereof, the user waives any claim for liability against MOTOCARD BIKE, S.L. for any dissatisfaction with the products purchased on the website
, as well as possible failures, slow access, or errors in accessing the website, including data loss or other information that may exist on the user's computer or network accessing the website
.
MOTOCARD BIKE, S.L. is a company specialized in the distribution of motorcycle equipment at a European level, and we work hard to do the same in cycling. MOTOCARD BIKE, S.L. sells its products remotely over the Internet through its website. The provider has physical stores at the indicated locations by clicking
here
for the sale of its products.
2. OBJECT OF THE CONTRACT:
2.1 Scope of Application:
This contract aims to regulate the contractual relationship of purchase-sale born between the provider and the user at the moment the user accepts these purchase conditions during the online contracting process by checking the corresponding box. These General Contracting Conditions (GCC) will apply from the day the order is placed.
The contractual purchase-sale relationship involves the delivery, in exchange for a certain price publicly displayed through the website, of a specific product.
In the case of gift cards, the contractual purchase-sale relationship involves the sending by email, in exchange for a certain price publicly displayed through the website, of a code that is activated upon opening the email.
2.2 Territory of Application:
The virtual store of
is active worldwide.
2.3 Capacity to Contract:
To place an order, you must be of legal age and have the capacity to contract.
2.4 Customer Acceptance:
The validation of an order through the website
is done via email and also implies the automatic acceptance of the GCC. These conditions are available on the website
or, if desired and requested, we can provide them by email.
2.5 Modification of the General Contracting Conditions:
MOTOCARD BIKE, S.L. may modify the GCC at any time without prior notice. Such modifications will be made public by publishing them on the website
and will be applicable from the moment of their publication.
2.6 Information Provided on the Website:
MOTOCARD BIKE, S.L. undertakes to provide all available information on the website about the marketed products, including description of characteristics, photos, prices, and indications of available sizes.
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3. INFORMATION PROVIDED ON THE WEBSITE
3.1 Publication of Prices:
The prices of the products are as displayed for each product on our website
3.2 Product Information:
The information contained in our advertising, brochures, other written materials, on our website, or provided to you constitutes an invitation to make a purchase. The contents of
are constantly being updated and renewed to provide our customers with the most complete and detailed information possible. All contractual information presented on
is in Spanish (Castilian), and communication with customers and users, as well as the formalization of the contract, will be conducted in this language. However, if the customer wishes, it can be done in Catalan.
3.3 Product Availability:
There may be occasions when it is impossible to supply all the products because they are not in stock or available at the time of purchase. In these cases, the product in question will be visible but not available for purchase.
3.4 Right of Cancellation:
MOTOCARD BIKE, S.L. reserves the right to cancel the shipment of a specific product that does not meet the quality requirements imposed on all
products. In the event that this lack of quality is detected, the Customer Service of MOTOCARD BIKE, S.L. will suggest a replacement product, and if the replacement is not satisfactory to the customer, the cost of that product will be refunded.
3.5 Orders 24 hours a day, every day of the year:
Orders can be placed twenty-four (24) hours a day, three hundred and sixty-five (365) days a year. However, orders placed after eighteen (15:00) hours will not be processed until the next business day at the central (Solsona) or from the physical point (stores) from where the product is shipped.
3.6 Fraud:
If MOTOCARD BIKE, S.L. suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.
4. PURCHASE PROCEDURE:
In order to access the products offered by the provider, the user may:
- Register through the website by creating a user account. To do this, the user must provide the personal data requested freely and voluntarily.
The user will select a username and password, committing to use them diligently and not to make them available to third parties, as well as to inform the provider of their loss or theft or possible access by an unauthorized third party, so that the provider can proceed to block them immediately.
The user may not choose as a username words intended to confuse others by identifying the user as a member of the provider, as well as offensive expressions and, in general, expressions contrary to law or moral standards.
- This website also allows purchases through the guest checkout functionality. In this mode of purchase, only the essential data required to process the order will be requested. Once the purchase process is completed, the option to register as a user or continue as an unregistered user will be offered by accessing the "CREATE AN ACCOUNT" section and entering and confirming a password chosen by the user.
Once the user account has been created, it is informed that in accordance with the requirements of art. 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow the following steps:
1. The Customer wishing to make a purchase must first navigate to find and select the chosen Product/s, selecting the "Add to Cart" option and then selecting the number of units to be purchased, which will be added to the shopping cart, where all the Products the Customer intends to purchase will be accumulated ("Cart").
Once the selection of the Product/s has been made, the Customer can repeat this action and choose more Product/s and add them to the Cart.
Once the selection of all the Products the Customer wishes to purchase has been completed, the Customer must click on the "Cart" icon to continue with the purchase process. If more products are desired, the option "Continue shopping" should be selected. If a product has been added by mistake, the option to remove it from the shopping cart should be clicked.
2. Once the Cart icon has been selected, the Customer will be shown an order summary with all the previously selected Products. This summary will allow the Customer to delete the selected Products and/or change the quantity of units selected for each of them.
Beneath the summary of the selected Products, the total amount of the purchase will appear, broken down into the following items: (i) Price of the Products and, if applicable, (ii) the corresponding taxes and, (iii) shipping costs that apply.
If a promotional code is available, the Customer must enter it in the corresponding section, located below the total amount of the purchase of the Products.
Next, the Customer must select the option to
- formalize the purchase by accessing their account, if they have one, in which case the data entered at the time of creating that account will be used
- create an account by providing the requested data. Spam and junk mail filters in your email inbox should be checked and always verify that the contact details provided are correct.
- formalize the purchase as a "guest," i.e., as a person who does not have an account. In this second case, the Customer must fill in the "SHIPPING ADDRESS" form with the required information, indicating in this section the address where they wish to receive the Products purchased. If the Customer wishes to receive the order at a different address than the billing address, they must uncheck the "Use shipping address" button and fill in the "BILLING ADDRESS" form that will appear on the screen, with the identity and address to which they wish the corresponding invoice to be issued.
In the "SHIPPING METHOD" section, the Customer can select the type of shipping they wish to contract for the receipt of the Products, namely: (i) standard shipping, (ii
) express shipping, or (iii) store pickup. Shipping costs differ depending on the selected shipping method. In any case, the total amount of the shipping costs for each of the available methods will be indicated so that the Customer is aware of them before selecting the shipping method.
Similarly, the Customer will have a space called "REMARKS" in which they can indicate any comments regarding the delivery of the Products or the location of the delivery location that they consider appropriate, which the Company will try to respect as far as possible.
Having completed all the forms and provided the information indicated above, a final summary ("ORDER REVIEW") will be displayed showing the total amount that the Customer must pay to acquire the Products, broken down into: (i) total amount of the Products, without VAT and/or the corresponding tax, (ii) amount of the VAT and/or tax applicable, if any, and (iii) amount of the shipping costs and subsequently a checkbox that must be checked as it is the acceptance of these General Terms and Conditions and the Privacy Policy.
3. Finally, to complete the purchase process, the Customer must select the payment method they wish to use in the "PAYMENT DETAILS" section (for information on the different payment methods, go to the PAYMENT METHODS section).
Once the payment method has been selected, the Customer must click on the "PLACE ORDER" tab, which will redirect them to the website of the corresponding banking entity or, if applicable, to the Company's website containing the banking information, depending on the payment method previously selected. The payment system is entirely managed by your payment entity. For any issues encountered at this point, please contact your payment entity to resolve them.
Once the purchase process is completed, the Company will send an email confirmation of the order to the Customer, indicating the order number, as well as the details of the different components of the order (Products, Prices, Taxes, and Shipping Costs). The sale of the Products will be deemed perfected only upon receipt by the Customer of the aforementioned order confirmation email. Customers who consider themselves exempt from or not subject to VAT by meeting the legally required requirements in Law 37/1992, of December 28, on Value Added Tax, should contact the Company at the email address [email protected].
If there is any error in the address provided or in any other part of the order, it must be notified immediately to the email address that appears on the website to rectify this error.
For any questions, you can contact our Customer Service through any of the methods provided on the website
.
MOTOCARD BIKE, S.L. will provide Customer Service free of charge through our contact email [email protected]. If you choose an alternative communication method, you will be responsible for the particular cost of it.
5. SHIPPING:
5.1 Shipping Company:
Shipments will be made through one of the Transport Companies contracted by Motocard (whether GLS, SEUR, Correos Express, or another).
5.2 Shipping Costs
Standard shipping costs will apply as follows:
- Mainland Spain and Balearic Islands: orders over €39 are free until October 31, 2020
- European Union and United Kingdom (except Spain, Balearic Islands, Canary Islands, Ceuta, Melilla, Cyprus, Malta, Croatia - Islands, Azores, and Madeira):
- for orders between €0 and €60 in products, the shipping cost will be €6.95.
- For orders over €60, shipping will be free.
- Canary Islands, Ceuta, and Melilla:
- for orders between €0 and €300 in products, the shipping cost will be €12.95.
- For orders over €300, shipping will be €18.
- Cyprus, Malta, Croatia - Islands Azores, and Madeira: Shipping costs for these countries will be indicated at the time of purchase depending on the selected destination country.
- Shipments to Non-EU Countries: Shipping costs for these countries will be indicated at the time of purchase depending on the selected destination country.
Express shipping costs can only be selected for shipments to the European Union and United Kingdom (except Spain, Balearic Islands, Canary Islands, Ceuta, Melilla, Cyprus, Malta, Croatia - Islands, Azores, and Madeira). This type of shipment is subject to product availability. If it does not appear as a selectable option, it means that one or more products are not available for immediate shipment. Shipping costs will be indicated at the time of purchase.
When the user-customer adds the product to the cart and confirms the shipping address, the system will automatically show them the aforementioned shipping prices.
5.3 Shipping Address:
Orders will be delivered in two possible ways:
- a. to the delivery address freely designated by the user. Thus, the provider assumes no responsibility when the product delivery is not made due to the data provided by the user being false, inaccurate, or incomplete, or when delivery cannot be made due to reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the recipient;
- b. at the MOTOCARD BIKE, S.L. store selected in the purchase process.
When making the purchase, the shipping and/or pickup location is chosen.
The delivery schedule for the order will be during normal business hours.
Notwithstanding the above, the provider has taken the measures required of a diligent merchant to ensure that delivery can be made within the agreed time, so no liability can be attributed to the provider.
Shipments are only made worldwide.
MOTOCARD BIKE, S.L. will make every effort to ensure that your order is delivered within the timeframe stated on our website at the time of order confirmation.
5.4 Delivery Times:
The standard delivery time for shipments to mainland Spain is usually between 1 and 2 working days, the same for express shipments (2-3 days for the Balearic Islands), depending on the product, the destination population, and the chosen payment method. This term is understood provided that the availability of the service has been confirmed and the full payment of the order has been verified. In the case of products not available at the time of purchase, our Customer Service may provide you with availability information.
The delivery time for shipments to the rest of Europe is usually between 2 and 4 working days, depending on the product, the destination population, and the chosen payment method. This term is understood provided that the availability of the service has been confirmed and the full payment of the order has been verified. In the case of products not available at the time of purchase, our Customer Service may provide you with availability information.
If you have ordered several products in the same order, please note that they may have different availability dates, in which case the shipping of the order will be determined by the longest delivery time. Please note that, in the event of the unavailability of any of the references at the time of shipment, you have the right to cancel the order at any time before its shipment by contacting our Customer Service at the following email address: [email protected], indicating the order number.
5.5 Shipping Confirmation:
At the time of delivery of the order to our carrier, we will send you a shipping confirmation to the email address provided when placing the order. In the shipping confirmation, we will provide you with the corresponding tracking number so that you can track it through our carrier's website.
5.6 Damages Upon Delivery:
Products are shipped in secure packaging. If at the time of delivery it is clearly and visibly apparent, without the need to manipulate the shipping packaging or the product packaging itself, that a product has defects caused by transport damage or if an error in the received merchandise is observed in the same way, the customer must immediately contact our Customer Service line at 973482702 or email [email protected], in order to request the return of the affected product or products and proceed to their replacement with another in optimal conditions or to refund the price paid for it, as indicated in said email.
Similarly, if damages are detected in the product after opening the package while the packaging is in perfect condition, the consumer must inform the seller of the non-conformity within a period of two months from becoming aware of it by contacting our Customer Service line at 973482702 or email [email protected].
6. PRICES AND VALIDITY PERIOD OF OFFERS:
All prices displayed in the store
Motocard.com
include the VAT applicable at the time of purchase. All prices listed on the website are valid and will be expressed in Euros (€). Unless expressly stated otherwise, these prices do not include shipping costs, handling, packaging, shipping insurance, or any other additional services related to the purchased product or service.
VALUE ADDED TAX: In accordance with Article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of products will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item concerned. For orders destined for the Canary Islands, Ceuta, and Melilla, deliveries will be exempt from VAT in accordance with Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the current regulations in each of these territories.
NOTE:
Motocard.com
will not be responsible for the taxes, duties, or clearance charges corresponding to these communities. As a guideline, customs expenses may follow the following conditions:
Orders under 150 euros:
Fixed costs: 31.36 euros.
Duties: calculation of a percentage of the total purchase based on the item class (usually 7%).
Orders over 150 euros:
Fixed costs: 43.68 euros.
Duties: calculation of a percentage of the total purchase based on the item class (usually 7%).
The user will receive the order invoice at the email address provided by the user once the purchase is made.
The prices applicable to each product will be those published on the website and automatically applied by the contracting process in the final phase thereof.
In cases of limited duration promotions, the promotion discount will be applied only if the order is registered during the promotional period.
The delivery method is detailed through one of the companies contracted by Motocard and in the stores of MOTOCARD BIKE, S.L., with the specifications detailed in section 5 of these general conditions.
The data recorded by the different payment methods constitute proof of the date on which the financial transactions were carried out and will serve to determine whether said order is subject to promotion or not.
For any information regarding the order, the User may contact through the provider's customer service telephone or via email at the provided address.
7. PAYMENT METHODS:
Below are the available payment systems:
7.1 Payment by credit or debit card:
By selecting this method, the purchasing process will link to our bank's page. This way, the data is not retained by
Motocard.com
, but it is sent directly to the bank that operates with
Motocard.com
through a secure protocol (HTTPS). Thus, we offer you maximum security and confidence. The charge on your card will be made the moment you validate the payment. If there is any stock issue with your order or any incident in the shipment, we will refund the corresponding amount to your credit card within a maximum period of 15 days.
For security reasons,
Motocard.com
reserves the right to reject any credit card transaction. In this case, we will proceed to refund the amount to the card used. If the customer is interested in continuing with the order, we will request a bank transfer.
7.2 Payment by bank transfer or deposit:
At the time of finalizing the order, the user will receive instructions with the account number to pay for the order. It is essential to clearly indicate the order number assigned and the user's name in the transfer order. In order to confirm the order, it will be necessary to make the payment within 7 days; otherwise, it will be canceled in our system.
7.3 PayPal:
Upon completing the purchase, if this payment method is chosen, you will be redirected to the official PayPal website where you can make the payment. Once the payment is successfully made, your order will be finalized, and an email with the summary of your purchase will be sent. By clicking the "Return to Website" button, you will return to the website to view and print your order.
PayPal automatically encrypts confidential data using the most advanced technologies available in the market. PayPal has its own privacy policies, and MOTOCARD BIKE, S.L. has no responsibility for them.
7.4 Payment financed with Cofidis:
The Customer may finance the payment of the selected Products by selecting the financed payment method. The financing of the payment of the Products will be carried out with the banking entity Cofidis S.A. Branch in Spain ("Cofidis"), a company with CIF W0017686G and with its administrative address at Plaça de la Pau, s/n, Edif.WTC AP1, 08940, Cornellà de Llobregat (Barcelona), registered in the Commercial Registry of Barcelona in Volume 42914, book 0, folio 31, section 8th, Sheet B418739 and registered in the Registry of the Bank of Spain with No. 1543. The Customer who selects this payment method will be redirected directly to the Cofidis website. All data entered by the Customer on the Cofidis website is provided directly to that entity, without any processing of such data by the Company.
To select this payment method, the order placed by the Customer must be for an amount greater than €500.
7.5 Cash on delivery:
Only available for the Iberian Peninsula and the Balearic Islands. The cash on delivery payment method is upon delivery of the order. When the transport company delivers the package, you must have the amount prepared for the mentioned order to make the payment. If not, the recipient must go to pick up the order at the Company, as well as after 2 absences at the delivery address. Orders will only be delivered to the address provided by the customer when placing the order.
7.6 Payment in installments with Klarna:
Klarna offers you the possibility to finance your purchases immediately. The contracting process is very agile and without the need for paperwork. Choose "Klarna" as the payment method. Indicate the number of installments. Complete a brief form with your personal information. If your request is approved, enter your payment method. The first installment will be automatically charged at that time.
If you want to calculate your installment, you will find a simulator on the product detail page.
Buy now. Pay in 30 days.
Pay in 30 days. Try the purchased items at home and decide which ones you want to keep. No upfront payments, interest, or fees.
Buy now. Pay in 3 installments.
Pay in 3 interest-free installments. Your invoice is divided into three equal payments that are charged every 30 days, without interest or fees.
Buy now. Pay with Klarna.
Choose between online bank transfer or direct debit order. Single payments immediately, without hidden fees.
7.7 Payment with Bizum (only in Spain)
You can also pay with Bizum. How? It's a very simple process:
- Enter your mobile phone number and your Bizum Code.
- You will receive a unique code by SMS, valid exclusively for the purchase you are making, and with it, you will confirm the payment.
- Done! You will receive immediate payment confirmation.
Valid for purchases over €0.50. The maximum purchase amount will depend on your bank.
8. RIGHT OF WITHDRAWAL:
8.1 Right of withdrawal:
The user has the right to exercise the right of withdrawal, and for this purpose has a period of 30 working days from the receipt of the product, without penalty for its exercise; the consumer shall be reimbursed for the total amount of the purchase, i.e., the price of the product plus shipping costs, within 14 days following the exercise of the right of withdrawal by the user/consumer. With regard to the shipping costs for the return of the products, these shall be borne by the user-consumer. The exercise of the right of withdrawal is not subject to any formalities. The consumer shall only be liable for any decrease in the value of the goods resulting from handling them in a manner other than that necessary to establish their nature, characteristics, or functioning, without thereby limiting his right to exercise that right. To exercise this right of withdrawal, you can fill out this form with your order number (to obtain a refund of the product(s) within 14 natural days following receipt of the order) along with your contact details. You can send it to us via email at [email protected] or by postal mail (by any legally admissible means), always within 30 working days of receipt of the order. After this period, you may only request the return or exchange of the product(s) for technical reasons subject to the warranty of said product(s).
You must return the product with all the elements with which it was delivered, without any damage or signs of wear of any kind, and that does not denote improper use of the goods or different from its own nature. It is advisable to return it in its original packaging; if this is not possible, the product may suffer a depreciation in value. The customer shall be responsible for packaging and protecting the product(s) being returned, as well as for the expenses arising from the return shipment.
As long as the products are returned within the 30 working day period, without any damage or signs of wear, and complying with the requirements established in this section, we will refund the total amount of the purchase.
Exceptions to the right of withdrawal: The right of withdrawal shall not apply to contracts relating to:
- The supply of goods made to the consumer's specifications or clearly personalized.
- The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.
- The supply of digital content which is not supplied on a tangible medium when the performance has begun with the consumer's prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
8.2 Return due to error in the order by MOTOCARD BIKE, S.L.:
If the product does not correspond to the one ordered, due to an error attributable to the company, the user must notify the company by email as soon as possible; MOTOCARD BIKE, S.L. will bear the cost of collecting the incorrectly sent product and delivering the one corresponding to the order placed.
8.3 Verification of Returns:
The verification and checking of the products subject to return shall be the responsibility of MOTOCARD BIKE, S.L., which, once they are in its facilities, will verify that they are received in compliance with all the requirements established in section 9.1. If any of the elements are missing, we will notify you in writing by email indicating the missing content.
9. REFUNDS:
When a return is made (a right of withdrawal is exercised), the amount paid for the product plus shipping costs will be refunded. The return costs shall be borne by the consumer-user. The deadline for refund shall be a maximum of 30 working days and through the same means as the purchase was made.
The costs incurred for transport, which will not be refunded, shall be subject to the following conditions:
- If the order is returned to a Motocard Store, only the amount of the items will be refunded.
-
For orders shipped to the Iberian Peninsula or Balearic Islands:
- If the original order is less than 39 euros, the amount to be subtracted upon refunding will be 12 euros.*
- If the original order is more than 39 euros, the amount to be subtracted will be 15 euros.*
-
For orders shipped to the Canary Islands**, Ceuta**, Melilla**, Azores or Madeira: please inquire.
*The amounts indicated include the shipping costs of the order to the customer's address and the return shipping costs to our headquarters.
**For the Canary Islands, Ceuta, Melilla, and countries outside the European Union, customs fees incurred will also not be refunded.
-
European Union / United Kingdom: For orders shipped to the European Union or the United Kingdom (except the territories mentioned above), the cost of the return label by UPS will be 35 euros*. You can also send the product back yourself and the
full amount of the product(s) you return will be refunded.
If you have chosen the Return and Exchange Insurance, the full amount of the order will be refunded. Under no circumstances will the insurance premium be refunded.
*The amounts indicated include the shipping costs of the order to the customer's address and the return shipping costs to our headquarters.
-
Countries outside the European Union: Please inquire.
For the Canary Islands, Ceuta, Melilla, and countries outside the European Union, customs fees incurred will also not be refunded.
-
Paypal's Return Shipping Refund Service: Paypal will refund your return shipping costs. You just have to activate the Return Shipping Refund Service* on the Paypal page and pay through this method. Once you've done that, you can shop worry-free! If you receive a product that doesn't meet your expectations, Paypal will refund the return shipping costs for the product.
This promotion is only valid for Australia, Austria, Belgium, Denmark, Spain, Finland, France, Netherlands, Ireland, Italy, Norway, Poland, Portugal, United Kingdom, Sweden, Switzerland, and 13 countries in Central and Eastern Europe (Bulgaria, Cyprus, Croatia, Slovakia, Slovenia, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, Czech Republic, and Romania).
*You can sign up for and check the terms of the promotion at this link: https://www.paypal.com/es/webapps/mpp/refunded-returns/
10. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES:
10.1 Warranty:
All products offered through the website are completely original, unless otherwise stated in their description.
Satisfaction Guarantee: If at the time of receiving the product and before exercising the right of withdrawal, the user is not satisfied with the purchase, they can choose:
- Exchange the item for another one. If the price of the product is higher than that of the exchanged product, the user must pay the difference.
-
Size exchange.
This will be free if it is done under any of these conditions:
- It is done at a Motocard Store.
- For purchases made in Spain (Peninsula and Balearic Islands) and Portugal that exceed 99 euros. The promotion is not valid for the Canary Islands, Ceuta, Melilla, Azores, and Madeira. It is important to note that only one size exchange process per order will be accepted. The exchange of color or model of the product is excluded from this promotion and will incur usual costs. This promotion is not valid for bicycles or frames.
- For purchases made in France and Italy exceeding 100 euros. It is important to note that only one size exchange process per order will be accepted. The exchange of color or model of the product is excluded from this promotion and will incur usual costs. This promotion is not valid for bicycles or frames.
If any of these conditions are not met, there will be shipping costs for the size exchange, according to the following indications:
-
If the exchange comes from the Iberian Peninsula or the Balearic Islands, it will be subject to the following conditions:
- If the original order is less than 39 euros, the amount to be paid will be 9 euros*.
- If the original order is from 39 to 99 euros, the amount to be paid will be 12 euros*.
- If the original order is over 99 euros, the exchange will be free.
*The amounts indicated include the return shipping of the order to our headquarters and the new shipping to the requested address.
- If the exchange comes from the Canary Islands, Ceuta, Melilla, Cyprus, Azores, Madeira, Croatian Islands, Malta, or other non-EU countries: consult.
-
If the exchange comes from an EU member state or the UK (except the above), it will be subject to the following conditions:
If the Return and Exchange Insurance has been chosen, a return shipment to our headquarters and a new shipment will have no additional cost for the customer. Shipments will always be made through a Collection / Delivery Point (if this service is available in the country or region in question). Bicycles, bicycle frames, personalized shirts, and underwear are excluded from this insurance.
If the Return and Exchange Insurance has not been chosen, the return shipment to our headquarters and the new shipment will be at the customer's expense. The total cost will be 30 euros*, except for bicycles, bicycle frames, and bulky products; in this case: consult.
The maximum period for making a product exchange is 30 business days from the date of receipt of the order. The refund will be made using the original payment method.
10.2 Warranty in case of defective product:
In case of a defective product, MOTOCARD BIKE, S.L. must proceed with the repair, replacement, price reduction, or contract resolution (as appropriate), actions that will be free for the user. MOTOCARD BIKE, S.L. is responsible for non-conformities that occur within two years from delivery; the consumer – user must inform MOTOCARD BIKE, S.L. of the non-conformity within two months from when they became aware of it.
11. NULLITY AND INEFFECTIVENESS OF CLAUSES:
If any clause included in these General Conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will only affect that provision or the part thereof that is null or ineffective, with the rest of the General Conditions remaining in force, and said provision, or the affected part thereof, will be deemed not to have been included.
12. ONLINE DISPUTE RESOLUTION (ODR):
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform:
http://ec.europa.eu/consumers/odr/.
13. APPLICABLE LAW AND JURISDICTION:
These conditions shall be governed and construed in accordance with Spanish law in everything not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the Courts and Tribunals of the provider's domicile (if not considered a consumer for the purposes of the TRLGDCU) or the user's domicile (if considered a consumer for the purposes of the TRLGDCU).
14. APPLICABLE REGULATIONS:
These General Conditions are subject to the provisions of:
European regulations governing e-commerce:
- Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive);
- Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (E-Commerce Directive).
Spanish regulations:
- Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users.
- Law 7/1998, of April 13, on General Conditions of Contracting, and subsequent modifications,
- REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
- Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights,
- Law 7/1996, of January 15, on Retail Trade Organization, and
- Law 34/2002 of July 11, on Information Society Services and Electronic Commerce and subsequent modifications.
15. COMMENTS AND SUGGESTIONS:
Your comments and suggestions will be greatly appreciated. Please send us such comments and suggestions through our contact form.
In addition, we have official complaint forms available to consumers and users. You can request them by calling Customer Service at 973482702 or through our contact form.
ANNEX: RIGHT OF WITHDRAWAL
For the attention of:
Name: MOTOCARD BIKE, S.L.
VAT: B61643540
Address: C/ Valencia 511-515, 08013, Barcelona
Phone: 973482702
Email: [email protected]
Details of the good/service to be withdrawn:
Order/invoice number:
Order/invoice date:
Product reception date:
Product description:
Consumer/user details:
Name:
VAT:
Address:
City:
Phone:
Email:
Right of withdrawal:
In accordance with Article 68 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, I hereby inform you that I am withdrawing from the sales contract of the above-described good/service, and I would appreciate it if you would contact me using the contact information provided to notify me that this request has been processed.
Request date:
Consumer/user signature: