General Conditions of Contract

General

This section establishes the contracting and acquisition of the products offered through the site https://tamaritmotorcycles.com owned by Tamarit 2015, S.L. (hereinafter Tamarit).

By accepting this contract, the consumer and / or user (hereinafter “customer”) accepts the following:

1.- That is a person with sufficient capacity to hire.

2.- That you have read, understand and accept without reservation and each of the points of these general conditions

3.- That assumes all established obligations.

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

Tamarit is not intended to process data for minors. Tamarit only sells to persons of legal age according to Spanish legislation (article 315 of the Civil Code).

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

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

Tamarit reserves the right to modify the contractual offer, constituted by these general conditions and the list of products and their prices, at any time, although these modifications will not be made with the contracts already made by the consumer and / or user previously . Therefore, its reading is recommended before proceeding with the purchase of any product / service offered.

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

Identity of the Parties

On the one hand, Tamarit 2015, S.L. (Owner of the website https://tamaritmotorcycles.com) with CIF B54856976 as a supplier of the products contracted by the consumer and / or user, with registered office at C / Vicente Blasco Ibañez 38, 3201 Elche – Alicante (Spain). Contact address info@tamaritspanishmotorcycles.com and phone (+34) 966363832.

On the other hand, the customer, registered on the website and whose purpose is to be a consumer and / or user of the same and / or contract Tamarit products or services.

Communication and contact

For communications purposes, Tamarit offers the following means to the client:

Email: info@tamaritspanishmotorcycles.com

Telephone: (+34) 966 363 832.

Postal address: C / Vicente Blasco Ibañez, 38

03201 Elche (Alicante), Spain.

Contact and user support form.

 

Communications made between the client and Tamarit by such means will be considered effective and valid for all purposes.

 

Customer Responsibility

The client is obliged to make a lawful use of the website and the services provided therein, respecting the current legislation and refraining from damaging the rights and interests of third parties and Tamarit.

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

Failure to comply with the foregoing may result in the withdrawal or cancellation of services by Tamarit without prior notice and without the right to compensation, as well as at the start of legal actions to which he was entitled to go Tamarit

Tamarit Responsibility

Tamarit undertakes to respect the obligations established in these General Contracting Conditions.

For any information or to solve doubts, the client will have the form established for this purpose in the “Contact” section either through the telephone (+34) 966 363 832, or via email to the email address info @ tamaritspanishmotorcycles.com indicating the order number or establishing your query.

For more information about Tamarit’s responsibility and its limitation with respect to the use of the website and the review the “Limitation of Liability” section of this document.

Language

Commercial, contractual information and communications with Clients will be made in Spanish.

Technical Means to Correct Errors

In the event that the customer detects that an error has occurred when entering their personal data during the purchase process, they can correct errors by contacting the customer service via telephone (+34) 966363832 or email:

info@tamaritspanishmotorcycles.com

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

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

If the product has left the Tamarit stores, the customer must pay the shipping costs.

Electronic Document Archive

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

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

The purpose of this contract is to regulate the relationship between Tamarit and the client at the moment in which he gives his consent during the contracting process by sending his personal data, action by which he confirms having read and accepted the Privacy Policy of This website.

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

Recruitment Procedure

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

Products / Services Offered

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

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

Tamarit only sells and ships its products in the Spanish market (Spain) so it only supplies products purchased from national distributors of their respective brands, with a guarantee valid in Spain and a manual in Spanish.

For any information about the order, the customer will have the form established for this purpose in the “Contact” section either by phone (+34) 966363832, or via email to the email address info @ tamaritspanishmotorcycles. com is indicating the order number that was assigned in the purchase confirmation email.

Price and Product Validity Term

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

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

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

The customer can check and calculate the total price of the product with the exact breakdowns before proceeding to formalize the payment in the process of buying the web.

Billing

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

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

Way to pay

1) With credit card. Through esthe customer will have to provide his card number, expiration date and CVV number. In this case, your data will be encrypted and sent under secure server to the virtual POS of the bank. This procedure does not provide the card number to Tamarit.

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

Deadlines and Order Delivery

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

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

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

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

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

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

If, in spite of this, the product is still not delivered, the buyer has the right to summon Tamarit so that it complies in an additional period appropriate to the circumstances. If the entrepreneur does not deliver the goods in said additional term, the customer will have the right to terminate the contract, and the seller must proceed to reimburse, without undue delay, all amounts paid by the buyer under it.

Shipping costs

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

Once the order has been placed and the amount confirmed, the system will calculate the cost of the shipping costs, for which, the customer can check the purchase invoice at any time, in which the costs of the item will be broken down Order and shipping.

Claim of Undelivered Orders

The customer, upon receipt of an email that his order is sent, if after a reasonable period of time he does not receive the product, he can contact Tamarit by telephone (+34) 966363832, by the form “Contact” or by mail: info@tamaritspanishmotorcycles.com to clarify the cause of the delay.

Once the claim is obtained, Tamarit will contact the client in order to explain what happened and reach an agreement on what happened.

In the event that Tamarit does not have availability of the contracted good, the client will be informed of that lack of availability and in the shortest possible time he will receive the sums paid from Tamarit.

Returns

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

In order to take advantage of the 30-day guarantee, the product purchased must not have been used by the customer and must be delivered in the same conditions as it was received, including the original packaging. Likewise, you must keep the purchase receipt. In any case, please do not send your purchase back to the manufacturer.

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

If you proceed with the return of an item or product with a price greater than 75 euros, we strongly recommend that you make use of a traceable shipping service or purchase shipping insurance. Tamarit cannot guarantee under any circumstances that we will receive the returned product.

To return the purchased product, you must send it to the following address: C / Vicente Blasco Ibáñez 40, 03201 – Elche (Alicante) Spain.

Refunds

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

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

If you accept the refund and when it has not occurred within a reasonable period of time (90 days), contact Tamarit to confirm that we have reimbursed the amount and then contact the supplier of your credit card, since the effective reimbursement may take some time due to the operation and payment processing of the bank or entity that provides the services. If you have already carried out these checks and have not yet received your refund, please contact us at info@tamaritmotorcycles.com.

Gifts

If the item was marked as a gift when purchased and sent directly to you, you will receive a credit for the value of the product. Once the returned item is received, a gift certificate will be sent to you by mail.

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

Product exchange (if applicable)

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

If you wish to exchange the product for another of the same qualities and specifications, send us an email to info@tamaritmotorcycles.com and send your article to the following address: C / Vicente Blasco Ibáñez 40, 03201 – Elche (Alicante).

Cancellations

If once you have made the purchase you want to cancel an order that has not yet been issued, it can be done as long as it is indicated by the contact form established for this purpose in the “Contact” section or in writing to the email address info @ tamaritspanishmotorcycles .com, customer service form or by phone at the number (+34) 966363832 indicating the number of the order you wish to cancel.

Defective Delivery Product

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

If, after reviewing the order, the customer observes differences between the material received and the delivery note, or the order is damaged by any blow, he must contact Tamarit in the shortest possible time, using the contact form established for that purpose in the “Contact” section or to the email address info@tamaritspanishmotorcycles.com, or by phone to the number (+34) 966363832 indicating the order number or invoice and detail of the anomalies, as well as the preference for refund or replacement thereof (without no additional cost to the customer).

Codes of Conduct

It is reported that Tamarit is not adhered to any code of conduct, both its own and others. Thereafter, this adhesion may be modified by Tamarit’s own will without express written communication with its clients.

Overwhelming force

Neither of the contracting parties will have any responsibility for any type of fault due to a major cause. The termination of the contract will be postponed until the termination of the force majeure situation.

Right of Withdrawal

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

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

a) The provision of services, once the service has been fully executed, when the execution has begun, with the express prior consent of the consumer and / or user and with the recognition by his part that he is aware that, once the contract has been completely executed by the employer, he will have lost his right of withdrawal.
b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the employer cannot control and that may occur during the withdrawal period.
c) The supply of goods made according to the specifications of the consumer and / or user or clearly personalized.
d) The supply of goods that may deteriorate or expire quickly.
e) The supply of sealed goods that are not suitable for return for reasons of health or hygiene protection and that have been unsealed after delivery.
f) The supply of goods that after their delivery and taking into account their nature have been mixed in an inseparable way with other goods.
g) The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the sales contract and which cannot be delivered before 30 days, and whose actual value depends on market fluctuations that the entrepreneur cannot control.
h) Contracts in which the consumer and / or user has specifically requested the employer to visit him to carry out urgent repair or maintenance operations; If, on that visit, the employer provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must apply to such services or additional goods .
i) The supply of sound recordings or sealed video recordings, or sealed computer programs that have been unsealed by the consumer and / or user after delivery.
j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
k) Contracts concluded through public auctions.
l) The provision of accommodation services for purposes other than housing, transportation of goods, rental of vehicles, food or services related to recreational activities, if the contracts provide for a specific date or period of execution.
m) The provision of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and / or user with the knowledge on their part that consequently loses their right of withdrawal
Process:

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

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

Your identifying information: full name and address
Order number on the invoice that has been sent to you along with the purchased good
Description of the acquired good
Your willingness to withdraw from the sales contract
Bank account where you want the price and cost refund to be made.
Communication Date
If you send your request by non-electronic means (for example, postal mail), it must be signed.
From the date on which he communicates his decision to withdraw from the contract, the consumer and / or user has a period of 30 calendar days to return to Tamarit in perfect condition the good acquired along with a copy of the purchase invoice.

Tamarit will promptly communicate to the consumer and / or user by mail the acknowledgment of receipt of said withdrawal, with the instructions of the consumer and / or user. Upon receipt of the product or the consumer and / or user has presented reliable proof of the return of the good, Tamarit will deliver unduly delays the sums delivered by the consumer and / or user.

Applicable Warranties

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

All of them have a guarantee period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

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

The guarantee is valid in All the countries of the European Union. It is necessary to process the guarantee that the customer keeps a copy of his invoice.

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

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

As a consequence of the above, during the warranty period the defective goods must be sent to the Official Technical Service of the manufacturer, to study the defects they present and to determine their causes, as the only technically qualified means to make that diagnosis.

Limitation of Liability

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

The client accepts that, in certain cases, Tamarit will proceed to stop the service provided on this website for indefinite periods of time, or proceed to cancel the service at any time, without prior notice. All products and services provided by Tamarit to the customer are offered “as is” and “as available” for use, always following the current legislation on consumer protection.

Under no circumstances will our directors, employees, affiliates, agents, contractors, suppliers or licensees be responsible for any injury, loss, claim or any direct or indirect damage of any kind, including, but not limited to, loss of earnings, loss of income, loss of savings, loss of data, replacement costs or any similar damages that arise as a result of your use of the services of this website or of any product acquired through it.

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

As indicated above, under no circumstances will Tamarit be liable for defects or damages caused to the product due to misuse and / or improper use by the customer. It is the sole responsibility of the buyer to install the motorcycle parts and other installable products purchased on our website. Tamarit is not responsible in any case for any consequences arising from the correct or incorrect installation by the buyer of the parts purchased on the Tamarit website and installed by the buyer.

In any case, Tamarit will be exempt from responding for the warranty of a product, when the defect comes from the misuse given by the consumer, when the defect is generated by the fact of a third party or when the consumer ignored the instructions of installation contained in the manual or in the warranty

Factory defect is not understood as one that is a consequence of natural wear and tear.

Complaint forms

The consumer and / or users may file any complaint or claim at the address C / Vicente Blasco Ibañez, 38, 3201 Elche (Alicante), Spain, as established by the relevant regulations in this area. Notwithstanding the foregoing, the consumer and / or user may, in any case, request the referral of the same through the contact form established for this purpose in the “Contact” section or to the email address info@tamaritspanishmotorcycles.com.

Law and Applicable Law

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

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