PURCHASE CONDITIONS
This contractual document will govern the contracting of products and services through the website kartingformulalloret.com, owned by Karting Formula, SL, hereinafter PROVIDER.
The acceptance of this document implies that the USER:
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You've read, you understand and you're agree with this text.
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He is a person with sufficient capacity to contract.
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You assume all the obligations set forth herein.
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These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification. .
Identity of the contracting parties
On the one hand, the provider of the goods or services contracted by the USER is Karting Formula, SL, with registered office Avda Las Alegrias 40, 17310 Lloret de Mar, Girona, NIF B17062514 and with telephone customer service / USER 972367807 .
And on the other, the USER, registered on the website by means of a username and password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.
Hiring procedure
The USER, in order to access the services or products offered by the PROVIDER, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of current regulations on personal data protection. , Regulation (EU) 2016/679 of April 27, 2016 (GDPR) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and detailed in the Legal Notice and Policy privacy of this website.
The USER undertakes to make diligent use of the data and not to make it available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or of possible access by an unauthorized third party, so that it proceeds to block immediate.
Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will continue the following steps:
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General contract clauses.
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Shipment of orders
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Right of withdrawal
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Claims
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Force Majeure
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Competition
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Offer Overview
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Price and validity period of the offer
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Transportation expenses
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Form of payment, expenses and discounts
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Purchasing process
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Applicable warranties
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Guarantees and returns
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Applicable law and jurisdiction.
GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
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RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to make the return and / or claim possible vices or defects that the product or service presents, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014 of March 27).
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CLAIMS
Any claim that the USER deems appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
Postal: Karting Formula, SL, C/ Avda Las Alegrias 40, 17310 Lloret de Mar, Girona
Telephone: 972 36 78 07
Mail: kartingformulalloret@gmail.com
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
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FORCE MAJEURE
The parties will not incur liability for any fault due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
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COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these General Conditions in their entirety.
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GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Karting Formula, SL or stipulated here will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
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PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, you can check all the details of the budget online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily while the order is not placed.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the latter has informed at the time of placing the order. This invoice will be sent together with the purchased product.
For any information about the order, the USER may contact the PROVIDER through the customer service telephone number 972 36 78 07 or via email to the address kartingformulalloret@ gmail.com.
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METHODS OF PAYMENT, CHARGES AND DISCOUNTS
Our online commerce service only operates through the Visa, MasterCard payment system.
VISA and Master Card will be the only ones that will have your bank details, being an intermediary between you and Karting Formula, SL This form of payment is immediate, at the moment you make the payment, we receive it and proceed to process your order.
It is a very simple system that offers the best existing security guarantees.
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PURCHASING PROCESS
Basket (budget simulation)
Any product from our catalog can be added to the basket. In this, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment and shipping data entered.
The baskets do not have any administrative link, it is just a section where you can simulate a budget without any commitment on both sides.
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APPLICABLE GUARANTEES
All products offered through the website are completely original, unless otherwise indicated in their description. All of them have a guarantee period of two years, 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.
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GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003 of July 10, Guarantees for the sale of consumer goods:
I) Conformity of the products with the contract
1. Unless proven otherwise, it will be understood that the products are in accordance with the contract provided that they meet all the requirements that are expressed below, unless due to the circumstances of the case any of them is not applicable:
a) They conform to the description made by Karting Formula, SL.
b) They are suitable for the uses to which products of the same type are ordinarily destined.
c) They are suitable for any special use required by the client when he has informed Karting Formula, L. at the time of signing the contract, provided that the latter has admitted that the product is suitable for this use.
d) Present the usual quality and benefits of a product of the same type that the customer can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by Karting Formula, SL .
e) Karting Formula, SL. describes the details, technical characteristics and photographs of the products provided by their manufacturer, so that it is not bound by these public statements.
2. The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity of the same when the installation is included in the purchase contract and has been carried out by Karting Formula, SL. or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.
3. The responsibility for lack of conformity that the USER knows or could not have ignored at the time of the conclusion of the contract or that have their origin in materials supplied by the USER will not proceed.
II) Responsibility of the PROVIDER
Karting Formula, SL will respond to the USER for any lack of conformity that exists at the time of product delivery. Karting Formula, SL recognizes the USER the right to repair the product, to replace it, to reduce the price and to terminate the contract.
III) Repair and replacement of products
1. If the product does not conform to the contract, the USER may opt to replace it, unless one of these options is impossible or disproportionate. From the moment the USER informs Karting Formula, L. of the chosen option, both parties must abide by it. This decision of the USER is understood without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. Any form of remediation that imposes on Karting Formula, SL costs that, compared to the other form of remediation, are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of sanitation could be carried out without major inconveniences for the USER.
Karting Formula, SL is responsible for any lack of conformity that becomes apparent within a period of two years from delivery. For second-hand products, Karting Formula, SL and the USER may agree on a shorter term, which may not be less than one year from delivery.
Unless proven otherwise, it will be presumed that the lack of conformity that manifests itself in the six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity. .
Unless proven otherwise, the delivery is understood to have been made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if this is later.
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APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the courts and tribunals of the USER's domicile.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the town of Lloret de Mar (Spain).