1. General

The following are the TERMS AND CONDITIONS which regulate the access and use of the contents of the web page Motocard.com which, together with the Sales Conditions, the Privacy Policy and Cookies Policy, constitute the "Terms and Conditions".

The TERMS AND CONDITIONS are of general character and regulate the content and use of the Web as a whole. Nevertheless, the access and use of some specific service or Web content may require the acceptance of some terms and particulars by the User.

2. Identification of the holder of the web site

The website Motocard.com belongs to and is owned by MOTOCARD BIKE, S.L. ("The Company").

• Registered office: Calle Valencia, 511-515, Barcelona (08013).
• Telephone: +44 (0) 20 7048 6700
• E-mail address: [email protected]
• CIF: B-61643540
• Registry data: Limited Liability Company, inscribed in the Mercantile Register of Barcelona, Volume 30627, Folio 1, Page B-176551.

3. User: acceptance of the TERMS AND CONDITIONS of the Web

The user shall be understood as anyone who accesses, navigates or uses the contents and/or services which can be found in the Web at any given time. Hereinafter the user of this Web shall be referred to as the "User" or "Users". The User who also acquires any product and/or contracts any service offered via the Web shall be known as the "Client".

The whole of the products and services offered in the Web and which can be acquired by the User shall be known as the "Products".

The access and use of the Web, and in its case the acquisition of any product offered therein, by the User and/or Client, implies their acceptance of the all the TERMS AND CONDITIONS with no reservations.

The contents and services offered by The Company are of a changing nature and, therefore, The Company reserves the right to modify, without prior warning, the TERMS AND CONDITIONS herein to adapt them to the new content and to adapt them to the legislation applicable at any given time. In the same way, The Company reserves the right to update, modify or eliminate the information contained in the Web, as well as that of the products offered therein and the configuration and/or presentation of its contents, at any time, and without prior warning, and without accepting any liability for doing so. In consequence, the User acknowledges and accepts the obligation of revising and fulfilling the TERMS AND CONDITIONS which are applicable at the time.

In all cases, it is assumed that the access and use of the Web and, therefore, the acceptance of the TERMS AND CONDITIONS included in the Privacy Policy and any other TERMS AND CONDITIONS of a particular nature that may be included in specific sections of services of the Web, including those that refer to the Products, is carried out by person over the age of 18 years, or, in the case of minors, these are under the due supervision of their guardians or legal representatives.

4. Access to the Web and the contents reserved for registered Users

Access to the Web is open and free. Registration is not required to access its contents. Nevertheless, the User might be required to register in order to enter comments in the sections specifically dedicated to this purpose, as well as for the acquisition of the Products offered therein. Also, it may be necessary that the User facilitates personal data when they freely wish to make use of any of the services offered that thus require it.

All the data that the User facilitates in any of the sections found within the Web will be subject to The Company’s Privacy policy.

Under all circumstances, when the User opts to register themselves in any of the sections or services offered in the Web, they agree to provide the information required, which will be true and lawful.

In the event that The Company provides the User with a password, being chosen or not by the User, the latter agrees and undertakes to make exclusive use of it and to keep it private, with the due diligence to keep it and avoid it getting in to the hands of third parties who might supplant their identity, exempting The Company from any illegitimate use of it as a consequence of the noncompliance with this duty.

In the event that the User detects that a non-authorised use has been made of their password or knows that it has been lost, they agree to immediately notify The Company of the corresponding incident via, in the event, the links specifically destined for this purpose in the Web and/or the e-mail address [email protected].

In no case will The Company be liable for the use made of the password by non-authorised third parties or for the loss of the password by the User.

5. User Register

The User has the option of registering in the Web by following the procedure described below. First, create a new account or, to access a pre-existing account, the user must select the button or link "ENTER YOUR ACCOUNT".

In the event that they already have an account, the User must introduce their e-mail and corresponding password in order to access it in the section "ENTER YOUR ACCOUNT". Otherwise, the User that wishes to create an account must select the button "CREATE ACCOUNT". If the User has a social media account such as Google, they may create an account by directly importing the data from their social media account by selecting the corresponding option, namely: (i) Enter with Google.

By selecting the option create an account, the User must fill out a form entering the information required (name, surname, e-mail and password). Similarly, the User may authorise The Company to send their marketing information by marking the option "Yes, I would like to receive information from Motocard". Otherwise, you must unmark this option. Finally, to terminate the creation of the account, the User must select the option "CREATE ACCOUNT".

Once this process has been completed, the User will be registered in the Web and will have their own account.

The registered User can access at any time a control panel from where they will be able to manage and review and, in the event, update the information provided previously, by accessing the following sections: (i) Data and addresses, (ii) change password, (iii) orders in process, (iv) order history, (v) orders pending, (vi) returns, (vii) my subscriptions y, (viii) close session.

6. Use of the Web, its contents and services

The User of the Web agrees to make use of it and its contents and services in compliance with the TERMS AND CONDITIONS and, in the event, with the particular conditions that are applicable, as well as respecting and fulfilling the law at all times and any other current legal disposition or regulation applicable at any given moment.

It is forbidden to use and access the Web via any application, computer programme or analogue system which may harm or hinder its normal functioning, including the alteration, elimination or blocking of the contents or services offered, or of any other mechanism that may affect them, especially those which could lead to the deprivation of access and use of the Web, or of any part of it, by third parties.

Access to the Web is equally forbidden via programmes or other computer mechanisms which, voluntarily or involuntarily, could lead to an overload of the resources used by The Company in order to maintain the Web accessible to the public and/or which allow non-authorised access to sections of the Web not accessible to the general public or to the computer system wherein it is housed, and/or that could introduce virus or other malicious software or scripts which cause errors in the aforementioned computer system or in the functioning of the Web itself.

In all respects, the User agrees to make a suitable use of the contents and services of the Web, especially in relation to any section where they are allowed to participate, where the principals of good faith and respect towards others, The Company and any third party will govern equally. The Company rejects any liability which may derive from the exchange of information between Users via the Web. Similarly, The Company is not liable for the access and use that minors may make of the contents and services offered in the Web.

In all respects, The Company reserves the rights, under their sole criteria and under any circumstance, to cancel, eliminate or prohibit the use of any or all of the services of the Web to any User, when this User may have made an incorrect or undue use of the Web, contrary to that laid out in these TERMS AND CONDITIONS or, when applicable, to the particular conditions of each service, the Law applicable at any given moment.

Information of the Products: The descriptions of the different Products are based on the information and documentation provided by their respective manufacturers and/or distributors.

Nevertheless, the photographs, descriptions, evaluations and other contents found in the Web are included for illustrative purposes and to provide the User with further information, without this representing, under any circumstances, a particular recommendation by The Company or that the Product contracted is exactly identical to that of the images, and therefore, the Products represented may present some difference and/or the use represented may not be that most suitable for the pretensions of the User and/or Client.

All the Products of the Web are marketed in and from Spain, independent to the place of delivery, nationality and billing address of the buyer. In this regard, all the Products marketed comply with the applicable regulation current in the country of marketing, including all the corresponding homologations required in Europe, as indicated in the certifications identified for each one of the Products.

It is the sole responsibility of the User buying any Product from the Web to verify that (i) the Product is suitable for the use for which the User intends it (i.e. active use, collectors’ item, etc) and, (ii) that the Product complies with all the regulatory requisites demanded for its use at the site intended by the User. In particular, the Company makes no representation that the Website or Products are appropriate or available for use in locations outside Europe. Users who access the Website from outside Europe do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws

In consequence, the User accepts that they are solely responsible for any use made of the Product acquired different to that recommended by the manufacturer and of the regulations that could be of application in their territory.

Under all circumstances, The Company informs that the proposition or recommendation of the use of a Product marketed in the Web for the practise of any activity, is solely for illustrative and informative purposes, there may be certain reservations and incompatibilities when these are used outside the Spanish territory, which is why under no circumstances The Company guarantees the suitability or adequacy of the Product for the practise of a particular activity different to that expressly foreseen and never when this is performed outside the Spanish territory.

The motorcycle sports in all variants as using normal displacement motorcycles are activities considered dangerous and can cause serious injury. It is your responsibility to be technically trained to use the materials distributed by the Company. Therefore, the customer agrees not make the Company accountable for any damages that the use or misuse of the Products sold here may cause you in any place or situation.

The responsibility of the Company regarding any product purchases on this website will be strictly limited to the price of the Product, and will not cover small errors or omissions that may take place when all the necessary precautions have been adhered to.

The Company will not be held responsible for damages, whether they be material or unmaterial, that may result from misuse of a Product. The Company will not be held responsible for any indirect damages, operating loss or unemployment suffered by the customer or third party, even if said damage, loss or setback may have been foreseen by the Company or have been placed in their knowledge. Subject to the implications of the preceding paragraphs, the financial responsibility of the Company according to the current general conditions cannot exceed that of the total amount paid upon purchase.

7. Intellectual and Industrial Property

"Motocard" is a brand registered in Europe with the number 011997401. In consequence, the use of the name or any sign which could lead to confusion as regards the holder or origin by third parties, without prior, written authorisation of The Company, is expressly forbidden. Similarly, the web page Motocard.com is a registered domain belonging to The Company, and a similar form or with other extensions cannot be used unless with express, prior and written authorisation from The Company, when their aim is to offer products or similar services to the Products marketed by The Company with the aim of avoiding, amongst other things, the risk of creating confusion between the consumers and users as regards the origin of the products and/or services consumed and/or acquired.

All the Intellectual and Industrial property rights of the contents of the Web ("Intellectual and Industrial property rights"), including the images and videos, the texts, designs, applications, programmes, code, etc., are exclusive property of The Company or they are duly authorised by the legal holder to make use of them.

The whole or partial reproduction of the Web, or its contents, is expressly forbidden without express, prior and written authorisation from The Company. In the same way, copying, reproduction, adaptation modification, distribution, commercialisation, or any other action which entails or may entail an infraction of the current Spanish and/or international regulation as regards Intellectual and/or Industrial property rights is forbidden.

Therefore, all reproduction, distribution or public communication or total or partial transformation of any content found on the Web is expressly forbidden, without express and written authorisation from The Company. Notwithstanding the foregoing, various contents or services of the Web may specify some TERMS AND CONDITIONS of use which may be more or less restrictive; these prevail over the Terms and Conditions, as regards the content and/or services affected by the same.

The Company only authorises referencing the contents which appear in the Web on other web pages or communications, always when these webs or communications maintain the principals of good faith and respect and completely fulfil the current legislation and the rest of the Terms and Conditions, especially those referring to the prohibition of the reproduction of the contents shown in the Web, with aims different to those permitted under these Terms and Conditions, without the express prior and written authorisation The Company.

8. Links to web pages or third party contents

The Company informs the User that the Web could include contents and/or links to third party web pages.

The Company is not liable for the contents, services, scripts, functionalities and other technical conditions that the User might find outside the Web which may be accessible via links found inside the Web. These links have a merely informative nature for the User and they are free to follow them solely on their own criteria. Under no circumstances could it be considered that The Company manifests an approval, opinion or any other manifestation as regards the contents, products, services, etc. that may be found in the destination of the aforementioned links outside the realm of the Web. In the same way, and even though The Company establishes some type of control system for contents directly entered by the Users in the spaces destined for expressing evaluations of the Products, The Company does not identify with nor is liable for the content and form of these, limiting itself to perform greater efforts to avoid that these contents do not infringe these Terms and Conditions, those which particularly apply in this case, as well as any other applicable rule, including that of moral and public order.

9. Limited Liabilities and Warranties

The Company undertakes to dedicate their greatest efforts to keep the functionality of the Web in optimum conditions of use, as well as avoid errors of the server, programming and contents and services offered in the Web. Nevertheless, The Company does not accept any liability as regards eventual errors, failures or technical problems that may occur or appear and, therefore, does not guarantee the full functionality, nor the contents and/or services offered by the Web.

Notwithstanding the foregoing, The Company guarantees that the Web does not voluntarily have malware, virus or other scripts or programmes of a malicious nature and agrees to inform, via the Privacy policy, of all use of application and other programmes, scripts, etc., which gather data about the User that could later be subjected to treatment.

The Company informs the User that various contents and/or services offered in the Web could be provided by third parties and that, therefore, in order to access these, the User must accept their TERMS AND CONDITIONS (of the third party). In any case, the User releases The Company from any liability as regards all those questions linked to the contents and/or services of third parties which are expressly identified as such (e.g.: Criteo, validation by Twitter, Facebook, etc.).

The Company may mention, remit and show manifestations, publications and other information or graphic or audio visual material from third parties, the veracity, rigour, opinion and quality of which they are not liable for.

In any event, The Company is not liable for the damages that may be caused by the discontinuity of the services, contents and functionality of the Web, as well as for any other anomaly that the Web may present, including virus, malware, scripts and malicious software which result from the non-authorised interference from third parties or from authorised third parties that are victims of interferences for other third parties.

As regards the Clients, these accept to treat The Company as a mere dealer of the Products, with the exception of those products and/or services in whose description they are expressly identified as the manufacturer or service provider. As a consequence, the Client agrees to directly address the manufacturer or service provider for all those questions that are beyond the obligations assumed by The Company in these Terms and Conditions, as well as those foreseen by the applicable regulation.

10. Access security

Access to payment pages via the services TPV, Paypal or any other offered in Web, are made via a secure line managed by and responsibility of the services providers of the payment service chosen by the User/Client.

For further information, see the section PAYMENT METHODS.

11. Miscellanea

The TERMS AND CONDITIONS contain the whole of the TERMS AND CONDITIONS between the User and The Company as regards the contractual object.

The User will always have the TERMS AND CONDITIONS in a visible and easily accessible site within the Web. It is the responsibility of the User to carefully read the TERMS AND CONDITIONS current at any given time, as a prior and indispensable step to the use of and/or acquisition of Products via the Web.

In the event that any of the provisions of the TERMS AND CONDITIONS were to be declared invalid or unenforceable, the invalidity or unenforceability of said provision will not affect the rest of the provisions, which will conserve their strength and vigour. Those invalid or unenforceable provisions will be substituted by valid and enforceable provisions which will, in the best way possible, achieve the objectives of the invalid or unenforceable provisions.

The lack or delay in the exercise of a right or power conferred by the TERMS AND CONDITIONS will never imply the waiver of this right or power by the holder, nor will it imply a modification of the Terms and Conditions, even if this lack or delay in the exercise of a right or power occurs on one or more occasions. In all cases, a waiver to a right or power or modification of the TERMS AND CONDITIONS will only be effective when this has been effected via a document signed by the withdrawing party or by a person with sufficient capacity to act on their behalf.

12. Applicable law and jurisdiction

Any question relative to the interpretation, fulfilment and/or validity of the TERMS AND CONDITIONS and/or the particular conditions applicable in each case, that may arise between the User and The Company shall be analysed in accordance with the TERMS AND CONDITIONS themselves and the particular conditions in the first place, and in second place, in accordance with Catalan Law and, subsidiarily, in accordance with the Spanish normative, which are applicable at a given time.

In the event of conflict between the User and The Company which arises from and/or is linked and/or related to the Terms and Conditions, the parts expressly agree to submit to the Jurisdiction of the Courts of Law of the City of Barcelona, and/or those corresponding to the domicile of the consumer.

13. Suggestions, comments, complaints and claims

Your comments and suggestions will be well received. We ask you to send us these comments and suggestions, as well as any other consultation, complaint or claim, through our contact routes:

via electronic mail: [email protected]
via the contact section of the web available here
via post to Motocard Bike S.L. Calle Valencia, 511-515, Barcelona (08013) Spain

On the other hand, for our customers, here is the link to the European Commission Platform ( https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN), in accordance with the Regulation on ODR for consumption that contemplates that the merchants established in the UE that celebrate sales contracts or provide services online should provide the electronic link to the online Dispute Resolution platform.

1. Area of application

Hereinafter are established the terms and conditions which regulate the purchase of Products offered by The Company to the Users via the Web ("Conditions of Sale").

The Conditions of Sale form part of the Terms and Conditions of the Web.

The User who also acquires any product via the Web shall be known as the "Client". By the simple acquisition of any Product, the Client accepts the Conditions of Sale.

2. Prices of the Products and shipping costs

The final prices of the Products as indicated in the Web ("Prices") may differ in function of the country of destination selected by the Client. Except for transcription errors, the prices are those indicated for each Product.

Unless expressly indicated otherwise, the Prices in the Web include Value Added Tax (VAT) and/or any other tax which is applicable in those territories belonging to the European Union. For those countries outside the European Union, as well as the territories of the Canary Islands, Ceuta and Melilla, the Prices indicated do not include VAT or the corresponding tax. Nevertheless, the Prices indicated in the Web do not include, under any circumstances, the shipping costs which, in the event, may be derived from the delivery method selected for the reception of the Product.

The amount for the shipping costs varies in function of the type of Product acquired, of the total amount of the Products acquired, as well as the place of delivery of these, for this reason the Client will be responsible for verifying, in each case, the total amount for the aforementioned shipping costs, prior to formalising the purchase of the Products. For further information, go to the section on SHIPPING COSTS.

Also, for the greater convenience of Clients who do not operate with Euros, The Company has incorporated the possibility of viewing the prices and purchasing Products in the Web in two different currencies: the American Dollar and the Pound Sterling.

The Company reserves the right to revise and/or modify the Prices at any time. The Client will acquire the Products at the Prices that appear in the Web at the time of formalisation of the purchase.

Except for an error in transcription, the prices will not be modified once the purchase has been confirmed by The Company.

3. Purchasing Process of the Products and formalisation of the purchase

The acquisition of any Product by the Client is carried out in accordance with the procedure described below.

1. Step 1: Selection of the Products

   The Client who wishes to make a purchase must, first of all, navigate until they find and select the Product/s chosen, selecting the option "Add to cart" and then select the number of units that they wish to acquire which will be incorporated into the shopping cart, where all the Products that the Client has the intention of acquiring will accumulate ("Cart").

   Having selected the Product/s, the Client may repeat this action and choose more Product/s and incorporate them into the Cart.

   Once the selection of all the Products they wish to acquire is finalised, the Client must click on the "Cart" symbol to continue with the purchasing process.

2. Step 2: Formalisation of the purchase of the Products

   Once the Cart symbol has been selected, the Client will be shown a summary of the order with all the previously selected Products. This summary will allow them to remove chosen Products and/or vary the quantity of units selected for each one of them.

   The value for the total amount of the purchase will be shown beneath the summary of the Products selected, broken down into the following concepts: (i) Price of the Products and, in the event, (ii) the corresponding taxes and, (iii) applicable shipping costs.

   In the event of having a promotional code, the Client must enter this into the corresponding section, located just after the total amount for the purchase of the Products.

   Afterwards, the Client must select the option (i) formalise the purchase, entering their account, if they have one, in which case the data they entered at the time of creating this account will be used, or (ii) formalise the purchase as "guest", that is, as a person who does not have an account. In the latter case, the Client must fill out the form "SHIPPING ADDRESS" with the information required, indicating here the address where they wish to receive the Products acquired. In the event that the Client wishes to receive the order at a different address to that for billing, they must unmark the box "Use shipping address" and in this case fill in the form "BILLING ADDRESS" which appears on the screen, with the identity data and address where they wish the corresponding bill to be issued.

   In the section "SHIPPING METHOD" the Client may select the type of shipping they wish to contract for the reception of the Products, namely: (i) standard shipping, (ii) express delivery or, (iii) collect in store. The shipping costs differ in function of the shipping method selected. In any case, the total amount of the shipping costs for each of the methods available will be indicated, such that the Client will have this information prior to the selection of the delivery method.

   Also, the Client has a space called "OBSERVATIONS" where they may indicate any comments regarding the delivery of the Products or localisation of the place of delivery that they deem opportune, which, as far as is possible, The Company will try to respect.

   On the other hand, the Client that has formalised the purchase as a guest due to not having an account will have the option of creating one during the purchasing procedure with the data provided during this procedure, by accessing the section "CREATE AN ACCOUNT" and entering and confirming a password of their choosing.

   Having completed all the forms and having provided all the information previously indicated, a final summary is shown ("ORDER SUMMARY") where the total amount to be paid by the Client for acquiring the Products is indicated, broken down into: (i) total amount for the Products, without VAT and/or the corresponding tax, (ii) amount for VAT and/or applicable tax, in the event, and (iii) amount for shipping costs.

   Similarly, in compliance with the current directive on material of protection of data of a personal nature, the Client may authorise the Company, by marking the corresponding boxes, to receive commercial communications about the products and services of Motocard Bike, S.L. via e-mail, ordinary mail, telephone or via other messaging systems you provided and/or to receive personalised offers of the products and services of MOTOCARD BIKE, S.L, that Motocard Bike, S.L. can determine in function of their compartments, authorised personal interests and preferences.

   Finally, to conclude the purchasing Process, the Client must select the payment method they wish to use, in the section "PAYMENT DETAILS" choosing between: (i) payment via credit card, (ii) payment via bank transfer, (iii) financed payment or (iv) payment via PayPal.

   For information about the different payment modes, see the section on PAYMENT MODES.

   Once the method of payment has been selected, the Client must click the tab "PLACE ORDER" which will redirect them to the web page of the corresponding bank entity or, in the event, the page of The Company that has the bank data in function of the previously selected payment method. The payment system is fully managed by your payment entity. For any incidence that you may encounter at this point, please address your payment entity to resolve it.

   Once the purchasing process is finalised, The Company will send an e-mail to the Client confirming the order, indicating the number of the order placed as well as the details of the different elements constituting the order (Products, Prices, Taxes and Shipping costs). The purchase/sale of the Products will be understood to be perfected only after the Client receives the aforementioned e-mail confirming the order. The Client who is considered to be exempt or not subject to VAT taxation due to fulfilling the legal requisites established in Law 37/1992, of the 28th of December, of Valued Added Tax, must contact The Company at the e-mail address [email protected].

4. Order tracking

The Client may consult the delivery status of the order placed via the section "ORDER TRACKING", entering the corresponding order number and e-mail used at the time of purchase.

In the event that the Client wishes to modify any of the data of the order after the purchasing process, they should contact The Company’s Customer Services. The Client is informed that the modifications made after reception of the confirmation of the order will be registered in The Company’s System, but will not be reflected in the Client’s order history.

Any change to the delivery address made after the expedition of the order might entail an increase in shipping costs.

5. Product Delivery

Within the Product Purchasing Procedure, the Client will be informed of the delivery dates of these.

If there are any stock problems regarding the Products acquired by the Client or any incidence in the expedition of the order, The Company will reimburse the corresponding amount in a maximum of 15 days, where the Client may not claim another quantity for any concept including damages.

The Products will be delivered to the address indicated by the Client or, in the event, the store selected by them, within the time indicated during the purchasing process and/or the confirmation e-mail sent by The Company.

The delivery date for the Products varies in function of the typology and features of the Products, of the shipping method selected as well as the place of reception of the Products. The foreseen delivery date for the Product is indicated at the time of selecting a Product in the Web. To this end, the Client is informed that the delivery dates and/or the date leaving the warehouse are merely for orientation and, therefore, any delay regarding the dates indicated does not give the Client any right to claim any type of compensation.

The Company may inform the Client, via e-mail to the address provided during the purchasing process, of the date the corresponding order leaves the warehouse as well as the contact data of the transport company dealing with the order delivery. The Client could also have the updated information regarding order status by consulting the section "Order tracking".

The Client has an Express Delivery system available, for those cases where they wish to receive the order in a shorter time than the standard. Nevertheless, this system is only available in certain territories. For those territories where this system is not available, the Client will not have the option of selecting Express Delivery during the Purchasing Process. If there were any incidence with the stock or the unavailability of the Products, The Company will immediately inform the Client of this indicating a new delivery date for the order or, if it is not possible to deliver the order, they will proceed to its cancelation and return of the amount for this order, where the Client has no right to any claim or compensation for this concept.

The delivery is considered to be made as of the moment that the Products are made available to the Client at the indicated address, or in the event, The Company store selected by the Client as the delivery site.

When the order is subject to customs procedures, the taxes, duties and border charges are to be paid by the client, as indicated in the step prior to the confirmation of the order. In the case of rejecting the payment of these costs and, therefore, rejecting the delivery of the order, the merchandise will be declared as abandoned and Motocard will not reimburse the amount.

In order to ensure the safe delivery of the packet, the Courier service requires a signature to confirm that delivery was successful. If there is no one to receive the packet, the driver will try to deliver it again or will leave the packet at an alternative, nearby location for safe storage. In the event that the packet could not be delivered for whatever reason, such as incorrect address, addressee absent, rejection of the parcel, etc., the packet will be returned to our warehouse.

The delivery address for the orders will be that indicated by the Client during the Purchasing Process. In the event that the address provided by the Client is wrong, incorrect, incomplete or does not exist, The Company will not be liable for any damages caused or derived from the delivery.

In the event that the order cannot be delivered as there is no one is at the delivery address indicated by the Client, they must communicate with the corresponding transport company who will then indicate the conditions for a new delivery of the Product. In these cases, the Client may acquire the Products within the delivery time and in accordance with the conditions established by the corresponding transport company.

In the event that the Client selects the option for delivery of the order in a store belonging to The Company, the latter will send an e-mail to the Client communicating the date that the order will be available in the allotted store. The Product will be available to the Client in the allotted store for a period of 30 natural days as of the date stated in the e-mail. After this time, if the Client has not proceeded to collect the order, The Company will proceed to the automatic return of the order to their warehouses and the Client must bear the costs of shipping and return of the order, as well as any other cost that might be derived from this event.

For the delivery of the Products, be it in the store or at the address indicated by the Client, the recipient must show some identification document to the carrier or representative in The Company store, verify the state of the Products, as well as note in the delivery sheet all the observations that they feel are pertinent as to the goods received. If upon opening the order the Client observes that one or more of the Products are damaged due to transport, that they are incorrect or a Product is missing, they must communicate this event, in writing, to The Company within a maximum of 14 natural days after delivery of the order.

6. Communications associated with the purchasing process

1. Discount associated with the purchase of products:

   The purchase carried out by the Client will be associated with a discount coupon from the purchase of new products of the Company as an appreciation of the trust placed on the products and services of the Company as well as to gain customer loyalty.

   To this end, the Company must communicate with the Client, via e-mail, to inform them of the availability of a discount in their favour, as well as to remind them of its expiration and, in the event, confirm its use or any other related movement.

   The coupon will have a percentage value of between 5% and 10% of the total amount of the new purchase made by the Client, with no limit on the number of items or the total amount. In any case it will be consumed by its use (one single use) and will be personal and non-transferable. However, MOTOCARD BIKE reserves the right to identify certain products for which the discount will not be applicable.

   The coupon will be available for use when 20 days have elapsed from the reception of the product acquired in the initial purchase. In the event that the Client returns the product acquired in the initial purchase, the coupon will be sent to the Client 20 days after the reception of the Product of substitution, or as of the deposit of 100% of the amount of the first purchase, if the Client, having redeemed the initially purchased Product for a voucher from MOTOCARD BIKE, had not deposited the amount or had not spent this amount once the Product initially acquired was returned and had redeemed it for a voucher of the same amount.

   • Step 1: Communication to the Client of the discount coupon they are entitled to:

   Once the sales process is concluded and in the same e-mail in which the Company sends the confirmation of the order, the Client will be informed of the future issuing of a discount coupon code in their favour and non-transferable for the future purchase of new products from the Company which they can use as of the day of its reception and for the following two months.

   • Step 2: Communication to the Client of the issuing of a discount coupon in their favour for the purchase of new products:

   20 days after the formalisation of the purchase of the product and after the non-return of the product, the Company will send the Client an e-mail informing them and awarding them the discount coupon that they are entitled to, its code, the mode of exercising it and informing them of the expiry dates.

   • Step 3: Communication to the Client reminding them of the existence of the discount coupon in their favour for the purchase of new products and its expiry date.

   Seven days before the expiry of the coupon, the Client will be reminded, via e-mail, of their right to use the discount coupon for the purchase of products from the Company, as well as the time limit for using it.

   Similarly and if they have not used it, one day before its expiry, the Client will again be sent a final reminder to their e-mail.

   In the event that the Client wishes to use the discount coupon, the Company will send as many e-mails as are necessary to make it effective.

2. Sales experience questionnaire:

   With the aim of constantly improving the Client's purchasing process and follow up by the company they must communicate via electronic mail with the Client to inform them of the possibility of evaluating the service.

7. Return

Unless there is a concurrence of any of the exceptions legally set forth in the Legislative Royal Decree 1/2007, of the 16th of November (or current normative which substitutes this), the Client may exercise the right of withdrawal ("Right of Withdrawal"), within a period of 30 natural days after receiving the Products or, in the event, as of the signing of the contract in the case of services rendered, in accordance with the applicable legislation.

The Right of Withdrawal consists of the faculty of the consumer and user to rescind the contract signed, thus notifying The Company within the time established for the exercise of this right, without having to justify their decision and without any type of penalisation.

To this end, the Client must inform The Company of the exercise of the Right of Withdrawal, by sending a document to the e-mail address [email protected].

As a consequence of the exercise of the Right of Withdrawal by the Client, they must return he Products acquired to The Company the Products and they must pay the Client the amount corresponding to these acquired goods. Nevertheless, the Client will be responsible for maintaining the packaging elements for each Product they mean to return in perfect condition, and they are liable for any cost incurred to The Company due to their deterioration.

8. Payment modes

For greater ease and convenience for the Client, The Company offers the possibility of acquiring the Products via different payment methods. The Client must select their preferred payment mode during the purchasing process.

The payment methods available may vary in function of the territories from which the Client purchases the Products. To this end, during the purchasing process, the Client will only be shown the payment methods available in the territory indicated by the Client.

In continuation the different payment modes are detailed which, in the event, can be selected by the Client.

8.1. Payment by Credit Card

The Client that selects this payment method during the purchasing process will be directly redirected to the web page of the bank entity that The Company collaborates with. The data regarding the credit card of the Client entered into the web page of the bank entity are directly sent to this entity via a secure protocol (HTTPS), without The Company having to store or treat this data.

The amount for the Products acquired by the Client will be charged to the credit card indicated at the time that the "Pay" option is selected in the web page of the corresponding bank entity.

For security reasons, The Company reserves the right to reject and/or cancel any purchase operation where the payment has been carried out via the credit card system. In this case, The Company will communicate this fact to the Client and will return the total amount of the purchase to the credit card used by the Client in the purchasing process, within a maximum of 15 days as of the moment that the Client made the payment. Similarly, The Company may indicate an alternative payment system to the Client whereby the Client may acquire the Products.

8.2. Payment via bank transfer

In the event of selecting this payment method during the purchasing process, the Client will be shown, directly in the Web, the data of the different bank accounts (and the corresponding entities) where the Client may perform the transfer, being the following, in function of the territory where the Client makes the transfer:

Banco Santander
Beneficiary: Motocard Bike, S.L
IBAN: ES80 0049 2595 0821 1409 9420
BIC/SWIFT CODE: BSCHESMMXXX

La Caixa
Beneficiary: Motocard Bike, S.L
IBAN: ES11 2100 0081 9002 0028 9644
BIC/SWIFT CODE: CAIXESBBXXX

Société Générale Beneficiary: Motocard Bike, S.L
IBAN: FR76 30003038290002016380163
BIC/SWIFT CODE: SOGEFRPP

Banco Santander (only for bank transfers from the United Kingdom)
Beneficiary: Motocard Bike, S.L
Account Nº: 10184862 Sort Code: 090222
IBAN: GB89ABBY09022210184862

The Client will receive an e-mail with the details of the order. For the validity of the bank transfer, the Client must indicate the order number as the transfer concept, as well as their name and surname.

With the aim of expediting and ensuring the transfers made from abroad, the Client must provide the issuing bank with the BIC and IBAN codes.

8.3 Payment on delivery (only available for the Iberian Peninsula and the Balearic Islands)

The Client may acquire the Products via the payment on delivery the payment method. However, this method is only available in those territories in which it is indicated thus, and for orders whose total import is a maximum of 180 euros.

Also, the Client that selects this payment mode will pay a surcharge in concept of handling for the larger of the following imports (i) 2.5% (IVA excluded) on the total amount of the order (shipping costs included) or, (ii) 3.56€.

8.4 Payment via PayPal

The Client that selects this payment method will be redirected directly to the PayPal web page, where they must fill out a form with the information required in order to effect the payment for the purchase of the Products. All the information entered by the Client in the PayPal web page is directly provided to this credit entity, without being subject to treatment under any circumstances by The Company.

The validation and/or acceptance of the payment of the order is carried out via the encrypted computer system of PayPal. In the case of PayPal ShortCut the last click is made in the Motocard environment but always via PayPal encryption.

8.5. Financed payment Cofidis (only available for the Iberian Peninsula, Balearic Islands, Ceuta, Melilla and Canarias)

The Client may finance the payment of the Products by selecting the financed payment method. The financing of the payment of the Products is carried out via the bank entity Cofidis S.A. Spanish branch ("Cofidis"), entity with C.I.F. W0017686G and with the address for administrative purposes at Plaça de la Pau, s/n, Edif.WTC AP1, 08940, Cornellà de Llobregat (Barcelona), inscribed in the Mercantile Register of Barcelona in volume 42914, book 0, folio 31, section 8ª, sheet B418739 and inscribed in the Registry of the Bank of Spain with N° 1543.

The Client that selects this payment method will be redirected directly to the web page of Cofidis. All the information entered by the Client in the Cofidis web page is directly provided to this credit entity, without being subject to treatment under any circumstances by The Company.

In order to select this payment method, the order placed by the Client must be for an amount greater than 500€.

Financing Conditions:

*Financing offered by Cofidis, for amounts between 500.00 and 6000.00€ and terms of 3 to 12 months interest free. Example for financing amount: 600.00€. Number of instalments: 12. First instalment: 68.00€, 11 remaining: 50.0€. Total amount owed: 618.00€. Initial commission (to be paid in the first instalment) 18.00€ (minimum 10€, 3.00%). TIN 0.00% TAE 5.75%. Interests subsidised by Cofidis S.A. Spanish branch. Financing subject to approval by Cofidis S.A. Spanish branch.

8.6. Pay in installments Pagantis (Spain)

Pagantis offers you the possibility of immediately financing your purchases. It is very easy to contract and without the need for paperwork. Choose “Pagantis” as your payment method. Indicate the number of installments (up to 12 months*). Fill out a short form with your personal details. If your request is approved, introduce your payment method. The first installment will be automatically charged at that moment.

If you’d like to calculate your installment, there’s a simulator in the product details page.

This form of payment is valid for orders of 1 to 500 Euros.

For further information: https://www.pagantis.com/es/

8.7. Pay in installments Pagantis (Italy)

Pagantis offers you the possibility of immediately financing your purchases. It is very easy to contract. Choose “Pagantis” as your payment method. Indicate the number of instalments (up to 12 months*). Fill out a short form with your personal details. If your request is approved, introduce your payment method. The first instalment will be automatically charged at that moment.

If you’d like to calculate your installment, there’s a simulator in the product details page.

This form of payment is valid for orders of 1 to 3000 Euros.

For further information: https://www.pagantis.com/it/

8.8. Pay in installments Pagantis (France)

easy to contract and without the need for paperwork. Choose “Pagantis” as your payment method. Indicate the number of installments. Fill out a short form with your personal details. If your request is approved, introduce your payment method. The first installment will be automatically charged at that moment.

If you’d like to calculate your installment, there’s a simulator in the product details page.

This form of payment is valid for orders of 1 to 1000 Euros.

For further information: https://www.pagantis.com/fr/

9. Shipping methods and shipping costs

The shipping costs vary in function of the shipping method, the destination selected by the Client for the reception of the Products, as well as the typology, weight and other features of the Product.

The shipping costs that must be paid by the Client are those indicated in the Web for each Product selected or, in the event of purchasing various Products, those indicated at the end of the purchasing process.

Nevertheless, the orders to be collected in any of the Stores of The Company do not incur any shipping costs for the Client.

The taxes applicable to the shipping costs will be the same as those applicable, in accordance with the current normative, to the main purchase/sale operation.

The Client may choose between different shipping methods (Standard shipping, Express delivery, delivery to in store collection point), the availability of which varies in function of the site of reception of the Product selected by the Client.

10. Confidentiality of data

In accordance with the terms of the European Regulation 2016/679 of the European Parliament and the Council of 27 April 2016 authorisation is granted to MOTOCARD BIKE, S.L. with address Calle Valencia 511-515, Barcelona (08013) as responsible for the treatment of your personal data, the legal basis of the treatment being the execution of the sales contract for the products of MOTOCARD BIKE, S.L.

MOTOCARD BIKE, S.L., with address at Calle Valencia 511-515, Barcelona (08013), as responsible for the treatment of data of a personal nature gathered from their clients and service users will not cede these data to third parties except by requirement from public organisms. The legal basis for the treatment of your personal data is your own consent granted via this authorisation and the aim of the treatment will be indicated in each case.

In order to duly manage the services rendered and the personal data of its users, MOTOCARD BIKE, S.L. counts on the collaboration of third party service providers who may have access to your personal data and who will treat this data in the name of and on the behalf of MOTOCARD BIKE, S.L. as a consequence of the services rendered. MOTOCARD BIKE, S.L. undertakes to subscribe the corresponding data treatment contract, via which they will impose, amongst others, the following obligations: apply appropriate technical and organisational measures; to treat the data for the agreed aims and solely responding to the instructions documented by MOTOCARD BIKE, S.L.; and to supress or return data to MOTOCARD BIKE, S.L. once the services rendered have finalised.

The purposes of the treatment are: execution of the sales contract for products of MOTOCARD BIKE, SL and of the after sales services and customer services associated therein. They will also be used with the purpose of carrying out relevant communications, via e-mail, to inform you of the discount awarded with the purchase made and of its expiry date, as well as successive reminders for its practise, as established in the sales terms and conditions.

You may revoke, whenever you wish, with immediate effect, any of the consent statements that you have sent to MOTOCARD BIKE, S.L via written request addressed to MOTOCARD BIKE, S.L, at Calle Valencia 511-515, Barcelona (08013), calling the telephone number 973 48 27 02 or in writing to our e-mail address ([email protected]). After this revocation, the treatment of your personal data will be finalised and you will not receive any further commercial communications. Via these same communication channels you may also request that you be informed as to your personal data stored by MOTOCARD BIKE, S.L, as well as correcting this data, eliminating them, limiting their treatment or demanding their portability to third parties.

For more information about the treatment of your personal data by MOTOCARD BIKE, S.L, and your rights, consult the Privacy Policy of MOTOCARD BIKE, S.L, published in our web.

11. Guarantee

The general law for the defence of consumers and users (TRLGDCU) establishes a guarantee period for when products delivered do not conform to the contract or present defects within a period of two years as of the date of purchase.

The guarantee is applied provided that the product is used under the normal conditions of use determined by each manufactured.

The repair or substitution of the product will always be free for the client, as well as the costs required to repair the lack of conformity and the delivery costs derived thereof. For countries outside the European Union consult conditions here.

Motocard Bike S.L. is not obliged to indemnify the user or third parties for the consequences of the use of the product, albeit direct damage or indirect damage, accidents suffered by persons, damage to goods other than the product or loss of profits or income loss.

The document accrediting this guarantee will always be the sales bill/ticket.

Motocard.com uses cookies in order to deliver a personalised and responsive service and to ensure that we give you the best experience on our website. A cookie is a small piece of data sent from a website and stored on a user's hard disk. Cookies cannot find out information about you or read any material kept on your hard-drive. Most browsers automatically accept cookies, but you can prevent cookies from being stored on your computer or device by setting your browser to not accept them. In this case, you will be able to browse the web but if you want to make a purchase, you must accept session cookies; these exist only when the user is at Motocard.com and disappear when the web browser is closed.

COOKIES AFFECTED BY THE REGULATION AND EXEMPT COOKIES

According to the EU directive, the cookies that require informed consent from the user are analytical cookies and those of publicity and affiliation, whilst those of a technical nature and necessary for the functioning of the web site or for the provision of services expressly requested by the user remain exempt.

TYPES OF COOKIES

a) According to the entity that manages them, there are First Party Cookies (those that are sent to the user’s terminal from a terminal or dominion managed by the editor themselves and from which the service Requested by the user is carried out) and Third party (those that are sent to the user’s terminal from a terminal or dominion not managed by the editor, but by another entity that treats the data obtained via the cookies).

b) According to the time that they remain active, there are Session ones (designed to gather and store data whilst the user accesses the web page) and the persistent ones (where all the data are stored in the terminal and can be accessed and treated during a defined period by the person in charge of the cookie- this can range from a few minutes to various years-).

c) Depending on the purpose for which the information gathered, they may be:

• Technical Cookies (necessary for the use of the web and the provision of the service contracted
• Personalisation Cookies (which allow the user to access the service with predefined characteristics, such as language, browser type, regional configuration, etc.)
• Analysis Cookies (they gather information of the use made of the web)
• Publicity Cookies (they gather information of the personal preferences and choices of the users)

TYPES OF COOKIES USED BY THIS WEB SITE

The cookies used in our web site are session and third party, and they allow us to store and access information regarding language browser type used and other general characteristics predefined by the user, as well as to monitor and analyse the activity carried out in order to improve and provide our services in a more efficient, personalised manner. The cookies used, nonetheless, are temporary, with the sole purpose of making navigation more efficient. In no case do these cookies themselves provide data of a personal nature and are not used to gather this data.

The use of cookies affords several advantages, such as, for example: It facilitates browsing for the user and the access to different services that the web site offers; Avoids the user having to configure the predefined general characteristics each time they access the web; and Favours improvement of the functioning and of the services provided via this web site, after the corresponding analysis of the information obtained via the cookies installed.

Upon accessing our web you will be informed that if you continue to browse diverse third party cookies will be installed thus consenting to the installation of particular cookies that have the sole purpose of registering the access to our web site for the implementation of anonymous statistics regarding the visits, always gathering information anonymously. It is not necessary to accept the installation of these cookies, you may browse our web just the same.

In various sections of our web social media cookies can be installed, in particular the following:

• Twitter Cookie, according to that established in their privacy policy and use of cookies.
• Facebook Cookie, according to that established in their cookies policy.
• Google+ and Google Maps Cookie, according to that established in their page regarding the type of cookies used.

REVOCATION

At all times you may access your browser configuration accepting or rejecting all the cookies or just select those that the installation admits and those not, by following these procedures which depend on the browser employed:

Google Chrome (in the Tools Menu):
Configuration > Show advanced options > Privacy (Content configuration) > Cookies:
https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=es

Microsoft Internet Explorer (in the Tools Menu):
Internet Options > Privacy > Advanced:
https://support.microsoft.com/es-es/help/17442/windows-internet-explorer-delete-manage-cookies

Firefox:
Options > Privacy > Cookies:
https://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-sitios-web-rastrear-preferencias

Safari, iPad and iPhone:
Preferences > Privacy
https://support.apple.com/kb/ph21411?locale=es_ES

Opera:
Configuration > Options > Advanced > Cookies
http://help.opera.com/Windows/12.00/es-ES/cookies.html

These browsers are subjected to updates or modifications, therefore we cannot guarantee that they completely fit to your browser version. Also, it could be that you use another browser that isn’t contemplated in these links, such as Konqueror, Arora, Flock, etc. In order to avoid these differences, you can access directly from the options of your browser, generally in the “Options” menu of the "Privacy" section. (Please, consult the help menu of your browser for more information).

Deactivation/activation and elimination of cookies

You can restrict or block cookies via the browser settings.

If you don’t want web sites to install any cookies in your terminal, you can adapt the browser settings such that you are notified before any cookies are installed. Similarly, you can adapt the configuration such that the browser rejects all cookies or only third party ones. You can also remove any of the cookies already installed in your terminal. Bear in mind that you will have to adapt the configuration separately for each browser and terminal that you use.

Bear in mind that, if you don’t want to receive cookies, we can no longer guarantee that our web site will function properly. Some functions of the site might be lost and it is possible that you won’t see certain web sites. Also, rejecting cookies does not mean that you won’t see adverts. It simply means that the adverts will not fit your interests and will be repeated more often.

Each browser has a different method for adapting the configuration. If necessary, consult the browser’s help function in order to set the correct configuration.

To deactivate cookies on your mobile phone, consult the device’s manual for further information.

For more information about cookies in Internet, http://www.aboutcookies.org/.

Taking in to account the way in which the internet and web sites work, we don’t always have information about the cookies placed by third parties through our web site. This is also especially applicable in those cases where our web page has what are known as integrated elements: texts, documents, images or short films that are stored somewhere else, but that are shown in, or via our, web site,

Therefore, in the case that you find this type of cookie in this web and they are not on the previous list, we request that you inform us of this. Or get in touch directly with the third party to request information regarding the cookies that they place, the purpose and the duration of the cookie, and how your privacy is guaranteed.