Website terms and conditions of sale

www.martimotos.com

Who we are

We are a company registered in Andorra with a company registration number and our registered office is at:

Av. Santa Coloma 22 - AD500 Andorra la Vella - Principat d'Andorra

Our business registration number NRT is: L-714949-H.

The details of this contract will not be filed with any relevant authority by us.

Terms and Conditions of Sale

A Introduction

1 These terms and conditions apply to any sale of goods on our site. If you buy goods on our site you agree to be legally bound by this contract and the terms and conditions contained herein.

2 This contract is only available in English. No other languages are available for this contract.

3 When buying any goods on our site you also agree to be bound by:

(a) our terms and conditions of use and any documents referred to therein

All these documents form part of this contract as though set out in full here.

B Information we give you

1 By law, we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

(a) read the Confirmation email that will be sent to you when you have ordered goods (see the clause below)

(b) login to your account on our site and view the information in your order history, or

(c) contact us using the contact details at the top of this page

2 The key information we give you by law forms part of this contract (as though it is set out in full here).

3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

C Ordering from us

1 Here we set out how a legally binding contract between you and us is made.

2 You place an order on our site by doing the following:

The user adds their products to a basket; Then the user clicks the basket to proceed to the checkout; Finally, the user completes the process, choosing a payment method to pay their order.

3 Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting them to us.

4 When you place your order at the end of the online checkout process (eg when you confirm payment), we will acknowledge it by Email. This acknowledgment does not, however, mean that your order has been accepted.

5 We may contact you to say that we do not accept your order. This is typically for the following reasons:

(a) the goods are unavailable;

(b) we cannot authorize your payment;

(c) you are not allowed to buy the goods from us;

(d) we are not allowed to sell the goods to you;

(e) you have ordered too many goods; or

(f) there has been a mistake in the pricing or description of the goods.

6 We will only accept your order when we send you an Email to confirm this (Confirmation Email ). At this point:

(a) a legally binding contract will be in place between you and us; and

(b) your order will be fulfilled

7 If you are under the age of 18 you may buy any goods from our site. However, in some cases, you may not be able to buy certain goods because you are too young. If so this will be set out on the relevant webpage for the goods concerned.

D Right to cancel this contract - Non-business customers

1 If you are buying from our site for business purposes, this section does not apply. Instead, please see the section below entitled "Right to cancel this contract - business customers".

2 If you are buying goods from our site for non-business purposes, you have the right to cancel this contract within 14 days without giving any reason.

3 However, this right to cancel will not apply to any of the following products:

Any personalized or custom-made product.

4 The cancellation period will expire after 14 days from the day:

(a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of any goods, in the case of a sales contract;

(b) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good purchased, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;

(c) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece of any purchased goods, in the case of a contract relating to the delivery of a good consisting of multiple lots or pieces;

(d) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good purchased, in the case of a contract for regular delivery of goods during a defined period of time.

5 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
      

6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

E Effects of cancellation- Non-business customers

1 If you cancel this contract (in accordance with the section above entitled 'right to cancel this contract - non-business customers'), we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

3 We will make the reimbursement without undue delay, and not later than:

(i) 14 days after the day we received back from you any goods supplied; or

(ii) (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

(iii) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

5 If you have received goods:

(a) you shall, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us, send back the goods or hand them over to us

(b) The deadline is met if you send back the goods before the period of 14 days has expired.

(c) you will have to bear the direct cost of returning the goods

(d) you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

6 Return costs:

• The costs of returning one (or more) product(s) from the customer to Martimotos are the responsibility of the customer.
• The cost of returning one (or more) product(s) from Martimotos to the customer is FREE (paid by Martimotos).
• You can also come in person to one of our stores in Barcelona, Madrid, Valencia or Andorra to return a product. No additional costs will be charged.
• In the event of an error on the part of Martimotos concerning the product(s) delivered, the cost of returning the customer to Martimotos will be borne by Martimotos.

F Delivery of goods

1 We use the following delivery services to deliver our goods:

Nacex or Colissimo (La Poste)

2 The estimated date and time window for delivery of the goods is set out in the Confirmation Email.

3 If something happens which:

(i) is outside of our control; and

(ii) affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the goods.

4 Delivery of the goods will take place when we deliver them to the address that you gave to us.

5 We may be unable to deliver the goods if we are unable to properly identify you. Please be prepared to provide a form of ID (passport or photocard driving license) on delivery of goods.

In case of delay on the part of the transport in no case will be attributable to Martimotos. The packages sent cannot be stopped during transport and under no circumstances will cancellation or refund request be accepted until the package arrives at our facilities again or the package has been declared as lost.

6 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

(i) let you know;

(ii) cancel your order; and

(iii) give you a refund.

7 If nobody is available to take delivery, please contact us using the contact details at the top of this page.

8 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

9 We may deliver your goods in installments. If you want to see whether your goods may be delivered in this way, click on the check the delivery details during the online checkout process.

10 For standard shipping (Colissimo), delivery is 6.95€ for orders under 60€ and is free for orders over 60€. This offer is only valid for the following countries: Austria, Belgium, Denmark, Finland, France, Iceland, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Portugal, Spain, Sweden, and Switzerland (excluding Ceuta, Melilla, Canary Islands, and French Overseas Departments and Territories). For express shipments (Nacex), for insular Spain and Portugal, the shipping cost is 10€.

For any delivery in the rest of the world, the shipping costs will be calculated according to the delivery address defined by the customer.

11 If the customer's order includes several items and the totality of the items exceeds the volumetric weight allowed by the transport, Martimotos will be obliged to make the shipment in several shipments.

G Return of the order to its origin due to absence of the customer at delivery or address error on the part of the customer

The transport agency normally makes two delivery attempts. In the event that no one picks up the package, it will remain at the destination agency for a few days and then returned to Martimotos, with the corresponding return costs. If the customer wants the order to be resent, he/she will have to pay the return shipping costs (both for the return and for the resending of the package). In the event that you want the refund of the purchase amount, these costs will also be deducted from the amount to be returned.
Martimotos, is not responsible for the delivery policies of transport agencies, so we can not guarantee delivery times.

We are not responsible, in any case, for delays or incidents in the shipments of transport agencies. Only in the case of not receiving your shipment, by loss or damage in transport, another will be sent in replacement or in case of not having the item purchased, we will proceed to the full refund of the money.

The transport agencies are companies outside Martimotos.

H Payment

1 We accept the following means of payment:

Visa, MasterCard, Maestro, American Express, Paypal, and Alma (only for France) and Sequra (only for Spain).

2 We will do all that we reasonably can to ensure that all of the information you give us when paying for goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorized access to any information that you give us.

3 Your credit card or debit card will only be charged when you confirm your order.

4 All payments by credit card or debit card need to be authorized by the relevant card issuer. From time to time we may also use extra security steps via Verified by Visa, Mastercard®SecureCodeTM, or equivalent services.

5 If your payment is not received by us and you have already received any goods, you:

(i) must pay for such goods within 30 days; or

(ii) must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods), and not use them before you return them to us.

6 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

7 Nothing in this clause affects your legal rights to cancel the contract during any applicable 'cooling off' period detailed under the Clauses entitled 'Right to Cancel this Contract - Non-business customers' and 'Effects of Cancellation - Non-business customers' above.

8 The price of the goods :

(i) is in euros (€)(EUR);

(ii) includes VAT at the applicable rate; and

(iii) does not include the cost of:

- delivering the goods (delivery options and costs will be provided before you place your order)

I Nature of goods

1 The Consumer Rights Act 2015 gives you certain legal rights (also known as 'statutory rights'), for example, the goods:

(i) are of satisfactory quality;

(ii) are fit for purpose;

(iii) match the description, sample, or model; and

(iv) are installed properly (if we install any goods).

2 We must provide you with goods that comply with your legal rights.

3 The packaging of the goods may be different from that shown on our site.

4 While we try to make sure that:

(i) all weights, sizes, and measurements set out on our site are as accurate as possible, there may be a small tolerance of up to 1% in such weights, sizes, and measurements; and

(ii) the colors of our goods are displayed accurately on our site, the actual colors that you see on your computer may vary depending on the monitor that you use.

5 Any goods sold:

(i) at discount prices;

(ii) as remnants; or

(iii) as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

6 If we can't supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:

(i) we will let you know if we intend to do this but this may not always be possible; and

(ii) you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

J Faulty goods

1 Please contact us using the contact details at the top of this page, if you want:

(a) us to repair the goods ;

(b) us to replace the goods ;

(c) a price reduction; or

(d) to reject the goods and get a refund.

K End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

L Limit on our responsibility to non-business customers

1 The provisions of this section shall apply to purchases made for non-business purposes only.

2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), in the case of purchases made for non-business purposes, we are not legally responsible for:

(a) losses that:

(i) were not foreseeable to you and us when the contract was formed; or

(ii) that were not caused by any breach on our part;

(b) business losses; and

(c) losses to non-consumers.

3 Martimotos disclaims any responsibility for any difference in colour or shade that may exist between the image and the product received, as the photos are those provided by the manufacturer.

M Indemnity and insurance

1 You shall indemnify us, and keep us indemnified, from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under this contract.

2 You shall have in place contracts of insurance with reputable insurers incorporated in your country to cover your obligations under this contract. On request, you shall supply so far as is reasonable evidence of the maintenance of the insurance and all of its terms from time to time applicable.

N Limitation of liability

1 The extent of the parties' liability under or in connection with this Contract (regardless of whether such liability arises in tort, contract, or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.

2 Subject to sub-clauses below (entitled 'Exceptions'), we shall not be liable for consequential, indirect, or special losses.

3 Subject to sub-clauses below (entitled 'Exceptions'), we shall not be liable for any of the following (whether direct or indirect):

(i) loss of profit;

(ii) loss or corruption of data;

(iii) loss of use;

(iv) loss of production;

(v) loss of contract;

(vi) loss of opportunity;

(vii) loss of savings, discount, or rebate (whether actual or anticipated);

(viii) harm to reputation or loss of goodwill.

Exceptions

4 The limitations of liability set out above shall not apply in respect of any indemnities given by either party under this Contract.

5 Notwithstanding any other provision of this Contract, the liability of the parties shall not be limited in any way in respect of the following:

(i) death or personal injury caused by negligence;

(ii) fraud or fraudulent misrepresentation;

(iii) any other losses which cannot be excluded or limited by applicable law;

(iv) any losses caused by wilful misconduct.

O Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

P Disputes

1 We will try to resolve any disputes with you quickly and efficiently.

2 If you are unhappy with:

(i) the goods ;

(ii) our service to you; or

(iii) any other matter;

please contact us as soon as possible.

3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:

(a) let you know that we cannot settle the dispute with you; and

(b) consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.

4 If you want to take court proceedings, the relevant courts of Andorra will have exclusive jurisdiction in relation to these Terms.

5 The laws of Andorra will apply to these Terms.

Likewise, if a dispute arises from the conclusion of this purchase contract between Martimotos and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following websites: http://ec.europa.eu/consumers/odr/ or https://www.comerc.ad/consum.