1. PARTIES AND ACCEPTANCE OF GENERAL CONDITIONS

On the one hand, the supplier of the products, MOTOBIKE365 (hereinafter, “MOTOBIKE365”), 29121096Z and registered office at Paseo Independencia 24, Zaragoza Spain, telephone number +34 654273487 and email address info@motobike365.com, (hereinafter also the provider) , being the owner of the website www.motobike365.com, exposes the contractual document that will govern the contracting of products through the website mentioned.

And on the other hand, the User – Client ( hereinafter the User) , registered on the website using a username and password, for which he has full responsibility for use and custody, being responsible for the veracity of the personal data provided to the provider.

By accepting this document, the user agrees to:

• He has read, understands and comprehends what is stated here.

• That assumes all the obligations set forth herein.

• That you have read and accept these general terms and conditions of sale from the moment you purchase any product offered.

 

This document may be printed and stored by Users. The provider makes the email address info@motobike365.com available to Users for any questions regarding these terms and conditions.

These terms and conditions will have an indefinite period of validity and will apply to all contracts made through the provider's website.

The provider reserves the right to unilaterally modify these General Terms and Conditions, without affecting goods or promotions purchased prior to the modification, in order to improve the products offered. In any case, these General Terms and Conditions must be consulted before purchasing any products.

It is advisable to keep a copy of the data contained in the purchased products. MOTOBIKE365 is not responsible for any loss of data, files, or any damage resulting from a failure to back up data by the data owner.

The provider is not responsible for the consequences that may result from improper use of the products for sale on the website.

MOTOBIKE365's civil liability for the products supplied is limited to the amount of the products. The user waives the right to claim any liability from the provider for any reason in any case of dissatisfaction with the products purchased on the website www.motobike365.com, as well as possible failures, slow access or errors in accessing the website, including loss of data or other type of information that may exist on the computer or network of the user accessing the website.

2. SUBJECT OF THE CONTRACT

2.1 Scope of application : This contract aims to regulate the contractual relationship of sale and purchase established between the provider and the user when the latter accepts these terms and conditions of purchase during the online contracting process by checking the corresponding box. These general terms and conditions will apply from the date the order is placed.

The contractual relationship of purchase and sale involves the delivery, in exchange for a price that is determined and publicly displayed through the website, of a specific product.

2.2 Territory of application : The online store of www.motobike365.com is active worldwide.

2.3 Capacity to hire : To place an order, you must be of legal age and have the capacity to enter into a contract.

2.4 Customer Acceptance : Order validation via the website is done by email and also implies automatic acceptance of the general terms and conditions. These terms and conditions are available on the website www.padelproshop.com or, if you wish and request it, we can provide them to you by email to the address indicated above.

3. PRICES

All prices shown on the www.motobike365.com website include VAT in accordance with current legislation. If the order is to be shipped to a delivery address outside the European Union, please note that VAT will be deducted at checkout, or beforehand depending on the country of delivery. Please note: if the order is to be shipped to a delivery address outside the EU, it may be subject to import duties and taxes, payable upon arrival of the shipment. The CUSTOMER is responsible for paying these import duties and taxes. MOTOBIKE365 has no control over these charges. MOTOBIKE365 recommends contacting your local customs office for further information.

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not be liable to you or any third party for any modification or price change. Price changes will not affect previously placed orders.

4. PLACING THE ORDER

MOTOBIKE365 reserves the right to change prices and correct any inaccurate prices on all orders, including final sales. If a price is incorrect, MOTOBIKE365 may cancel the purchase and issue a full refund. This action may be taken at any time. Orders placed on behalf of another person without their consent will be reported to the appropriate authorities.

Order processing may be subject to identification and registration on the website using name and username.

It is reported that, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow the following steps:

1. Choose the product by clicking on “add to cart”, and it will be automatically added to the “cart”.
2. If you wish to add more products, you will have the option to do so. If you have accidentally added an item you don't want, you must click on the option to remove it from your shopping cart.
3. Once you have selected your product(s), click on the "go to checkout" tab to complete your purchase. Clicking this option will display your order confirmation (summary of your order). You will need to register and provide your personal and delivery information, as well as choose your shipping carrier and payment method. Some payment methods may incur an additional charge.
4. You must accept the Privacy Policy and these General Terms and Conditions of Purchase by checking the boxes. Once you have done so, you will be given the option to continue with the payment, where you will select your payment method.
5. Once the order is completed, you will receive an order confirmation email at the email address provided.

 

The provider's contracting platform will inform the user, once the contracting process is complete, via email, regarding all the characteristics, price, shipping methods, contracting date, and estimated delivery date of the purchased product. Please check your email inbox's spam and junk mail folders and always verify that the delivery and personal information is correct.

If there is any error in the address provided or in any other part of the order, you must notify us immediately at the email address shown on the website so that we can correct the error.

If you have any questions, you can contact our Customer Service department through any of the methods provided on the website. MOTOBIKE365 offers FREE Customer Service via our contact email address. If you choose another method of communication, you will be responsible for any associated costs. MOTOBIKE365 also offers telephone numbers in Spain; however, calls to these numbers are subject to your phone operator's charges.

5. RIGHT OF WITHDRAWAL

In accordance with the Consumer Code (Legislative Decree 206/2005), you may return purchased products within 14 days of delivery. Products must be returned undamaged and properly packaged in their original packaging, along with the warranty. In this case, the customer will be responsible for the return shipping costs.

Email us at info@motobike365.com and we'll provide instructions for returning the product. If you are unable to reach us by phone or WhatsApp, please contact us at +34654273487.

This right applies only if the product and its original packaging can be returned in the same condition as when received. If consumers exercise their right to return an order, they must contact MOTOBIKE365 to obtain a return address. If an item is damaged during shipping, MOTOBIKE365 must be contacted within 14 days for information regarding compensation.

You must return the product with all the elements with which it was delivered, without damage or signs of wear of any kind, and which does not denote an improper use of the item or different from its own nature, to the address we have provided.

Please note that repairs/replacements will be charged in the following cases, even during the warranty period:

• Failures or damage caused by misuse or neglect (bumps, dents, crushing, etc.).
• Failures or damages caused by an unjustifiable repair or modification.
• Failures or damage caused by fire or water, or a natural disaster such as an earthquake.
• Aesthetic changes that occur during normal use, wear and tear, and aging.
• If the store and purchase date are not indicated on the warranty, or if this information has been rewritten.
• If the warranty is not presented properly along with the product.

 

This guarantee ensures that you can receive a free replacement in accordance with the terms set out herein and within the stated timeframe, and will not restrict any of the customer's legal rights.

 

6. CONFIRMATION

Once we receive your order, we will send a confirmation to the email address you provided. Therefore, it is important that you provide your correct email address when placing your order. Please keep this email so you can contact customer service if needed. The order confirmation (receipt) also serves as proof of purchase.

7. PAYMENT

Orders placed in our online store can be paid for using:

• Credit card.
• Paypal.
• Bank transfer.

 

If you wish to use the bank transfer payment method, please contact our Customer Service department by email at info@motobike365.com or by calling +34654273487.

We guarantee high payment security standards; your personal data will be protected from unauthorized access.

8. PERSONAL INFORMATION

When you make a purchase, MOTOBIKE365 will store some of your data to complete your order. MOTOBIKE365 treats all personal information confidentially. You have the right to request access to your data and, if it contains errors, you can make the necessary changes or delete it. MOTOBIKE365 may also use cookies to, for example, improve your experience on the website. You can find more information about how MOTOBIKE365 uses your personal data in the website's privacy policy.

 

9. PRODUCT

MOTOBIKE365 reserves the right to adjust prices, add additional costs, and change product information, such as product images and offers, without prior notice. Product images and descriptions are as accurate as possible. We reserve the right to correct any errors that may appear on the website and cannot guarantee that all images accurately reflect the true appearance of the products. Images may vary depending on your computer's color settings. All images should be considered illustrative only and do not guarantee the appearance or features of the product.

The products offered on the website correspond to sports equipment, although different products may be offered in the future.

 

10. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES

10.1 Warranty: All products have a mandatory 3-year warranty 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, as well as Royal Decree-Law 7/2021, of April 27, transposing European Union directives on competition, prevention of money laundering, credit institutions, telecommunications, tax measures, prevention and remediation of environmental damage, posting of workers in the provision of transnational services, and consumer protection, except in exceptional cases where the warranty period may be different. In the case of sporting goods, footwear, and sportswear, the warranty is governed by the period set by the manufacturer of the item; MOTOBIKE365 does not set the warranty periods. The manufacturer's minimum warranty period is two months, which may be extended in certain situations. If you have any questions, please contact MOTOBIKE365 via email or WhatsApp at +34654273487.

If the Warranty Law states that the product must be sent to the manufacturer to process the warranty, the MOTOBIKE365 team will advise you on how to proceed via email or WhatsApp +34654273487

10.2 Defective Products: In the event of a defective product, MOTOBIKE365 shall proceed with the repair, replacement, price reduction, or termination of the contract (as applicable), all of which will be free of charge to the user. MOTOBIKE365 shall be liable for any lack of conformity that becomes apparent within a specified period after delivery, provided that the user informs MOTOBIKE365 of the lack of conformity within two months of becoming aware of it. Regarding returns due to errors in the order, if the product received does not correspond to the order due to an error attributable to MOTOBIKE365, the user must notify the company by email as soon as possible. MOTOBIKE365 will bear the costs of collecting the incorrectly sent product and delivering the correct one.

10.3 Warranty cancellation cases: The warranty does not apply in the following cases:

• Damage caused by adaptations, adjustments or modifications made to a product without written agreement with the manufacturer,
• Expenses related to maintenance, repair or replacement of parts due to normal wear and tear,
• Breakdowns and deterioration of accessories,
• Damage caused by misuse of the product, improper use, failure to follow the instructions for use and maintenance, or improper installation.
• Damage caused by unauthorized persons or the user,
• Damage caused by accidents, lightning, floods, fires or any other external cause that is not the responsibility of MOTOBIKE365.
• Use of the product outside the family and private setting, for example, in intensive professional use.
• Products already repaired by Repair Services other than MOTOBIKE365.

 

10.4 Replacement of an irreparable product: If a product is deemed irreparable, cannot be repaired, or the cost of repair is disproportionate to its value, it will be replaced with an identical one. If this is not possible, we will offer you a product with identical characteristics.

Replacing your product will terminate your purchase agreement and any warranty extensions, since acquiring your new product will result in a new contract as it is a new purchase.

10.5 Warranty periods: The periods specified in current legislation for general products are:

• The period from acquisition (in the case of an in-person purchase) or possession (in the case of an online purchase) up to two years. Unless proven otherwise, it will be presumed that any lack of conformity that becomes apparent within two years of delivery of the goods already existed at the time of delivery.
• The warranty period is from 2 to 3 years after the purchase (in the case of an in-store purchase) or possession (in the case of an online purchase). After this period, the seller may require the consumer to prove that the defect existed from the beginning.

 

No more than two months should pass between the time the customer experiences a problem with their product and when they notify MOTOBIKE365, otherwise the product loses its warranty.

 

11. DELIVERY AND CANCELLATIONS

MOTOBIKE365 ships worldwide. Deliveries are made in collaboration with various courier companies. Delivery times depend on the chosen courier; the estimated delivery time will be displayed when you select your carrier. Please note that additional costs may apply depending on the courier company. Domestic deliveries take 24 to 48 hours, EU deliveries 2 to 3 days, and international deliveries outside the EU 5 to 7 days. MOTOBIKE365 is not responsible for delays; these are estimates only.

Delivery will be made to the address provided by the customer. If the customer cannot be contacted due to absence at the address, another attempt will be made on the next business day.

You have the right to cancel purchases and return delivered goods by contacting MOTOBIKE365 customer service via email at the address mentioned at the top of these general terms and conditions, within a maximum of 30 days from the date of receipt of the goods, provided that the goods have not been unpacked and are in the same condition as when received. However, the customer will bear the risk of shipping the goods back to MOTOBIKE365.

If the CUSTOMER believes the delivery is so delayed that they no longer wish to receive the order, it is their responsibility to cancel it. If the order has already been shipped, the customer is obligated to accept it. Cancellation is not valid until the customer has confirmed it with MOTOBIKE365, either by email or telephone. If a product has been discontinued, MOTOBIKE365 has the right to cancel the purchase and refund the amount paid by the customer. MOTOBIKE365 will notify the customer of any replacement or equivalent products if available.

12. PRODUCT AVAILABILITY:

There may be times when it is impossible to supply all products because they are not in stock or available at the time of purchase. In these cases, MOTOBIKE365 staff will contact you to offer the following options:

a) selection of an alternative product, with similar characteristics to the product to be replaced;

b) notification of its availability, in case you prefer to wait until the product is available again in the store.

If you decline our suggestions, the order related to these products will be cancelled and any sums you have paid for them will be refunded.

 

13. CLAIMS CONDITIONS

It is important that the customer carefully inspects the products upon delivery to ensure they are undamaged and correct. If your product is damaged during transit, whether the damage is visible or hidden, you must inform the shipping company as soon as possible. If you notice that your item is damaged or does not match your order, you must also contact us within 30 days of receiving it.

All complaints should be directed to our customer service department via our contact form, which you will find on the contact page, by email at info@motobike365.com, or by phone at +34 654273487. Please provide your order number and the reason for your complaint, and we will contact you as soon as possible. Please follow the same procedure for returns. Defective products returned to MOTOBIKE365 must be treated as if they were not defective. It is extremely important that all returned products are packaged in such a way that they cannot be damaged during transit.

MOTOBIKE365 reserves the right to replace defective products with other products of the same model. If the item is discontinued, the customer will receive a full refund. If the returned product is found to be in perfect condition, MOTOBIKE365 will resend the product to the customer.

14. RESPONSIBILITY

MOTOBIKE365's liability for delivery errors is limited to the terms and conditions of sale in effect. MOTOBIKE365 assumes no direct or indirect liability, including but not limited to, incompatibility, delivery delays, downtime, data loss, additional work, or other economic losses.

15. FORCE MAJEURE

MOTOBIKE365 shall be exempt from liability for damages and other penalties if the performance of the contract is prevented, hindered, or delayed by circumstances beyond our control. Such exonerating factors include government intervention, new or amended legislation, absence of state, war, fire, flood, labor unrest, prohibitions, restrictions, sabotage, transportation deficiencies or weather conditions, failure of delivery by suppliers, and the company's exposure to criminal activity affecting its operations.

16. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, such as trademarks and copyrights, appearing on the website and in the published material are owned by MOTOBIKE365 or its subsidiaries or licensors. Any use of the site or its content, including copying or storing such content, in whole or in part, for purposes other than personal, non-commercial use, is prohibited without the permission of MOTOBIKE365.

17. FRAUD

All frauds will be reported to the authorities and MOTOBIKE365 reserves the right to cancel the purchase if there is any suspicion of it.

 

18. TERMINATION

MOTOBIKE365 reserves the right to terminate your account and/or prohibit you from using its website www.motobike365.com at its sole discretion. This may occur if, for example, MOTOBIKE365 suspects you have violated these Terms of Use. This termination may be carried out without prior notice.

19. MODIFICATIONS

MOTOBIKE365 may revise these Terms of Use periodically. Whenever you place an order with us, you will be subject to the terms and conditions in effect at the time the contract is formed between you and MOTOBIKE365. Therefore, you should periodically visit this page to review the current terms and conditions to which you are subject.

20. 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, the General Conditions remaining in full force and effect in all other respects, and such provision, or the part thereof that is affected, will be deemed not to have been included.

21. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with Spanish law in all matters not expressly provided for herein. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these Terms and Conditions to the Courts of the provider's domicile (if a legal entity) or the user's domicile (if a natural person).

In the event that the user is domiciled outside of Spain, the provider and the user expressly waive any other jurisdiction, submitting to the Courts and Tribunals of the city of Madrid, Spain.