TERMS AND CONDITIONS
This legal text exclusively governs the contractual relations between all Users (also referred to as ´Customer´, ´You´) of the 81 Simmarket S.L. online store. and the seller, which is the company 81 Simmarket S.L. (also called hereinafter ´81 Simracing´ and ´Nosotros´) and owner of the online store: www.81simracing.com
The purpose of these Terms and Conditions of purchase is the supply by 81 Simmarket S.L. of the products offered in your online store, in exchange for an economic benefit. By accessing our portals, the Client undertakes to respect the Terms and Conditions as well as the rules of use that appear therein.
2. COMPONENTS OF THE CONTRACT
These Terms and Conditions, together with the order confirmation, constitute the contract between 81 Simmarket S.L. and the Customer for the supply of the products. Other different texts will not apply. It will be understood that the Client agrees with the general conditions provided in this text from the moment she accepts that she has read and agrees with these Terms and Conditions and does not expressly express her disagreement.
3. PLACE AN ORDER
In order to place an order, the Customer must be at least 18 years of age. If you are a minor, you must ask your parents or legal guardians to place the order on your behalf. However, if you are between the ages of 14 and 18, you can request product and event information. In any case, it is recommended that the Client have their parents or legal representatives before browsing and / or registering in our online stores or mobile applications so that they can explain any questions that may arise. If the Client is under 14 years of age, please do not provide us with any personal information, as we cannot accept it. Once they have accessed the corresponding online store, the Customer must fill in the form with the necessary personal data that is requested and found in all our online stores and must click on the 'finalize order' button to confirm the purchase. When the Customer completes her order, we will send her an email with the number and details of her order. In the event that there is a problem with the shipment of the material, we will contact the Customer as soon as possible to inform him of the situation and suggest alternative products that he may wish to purchase. Or propose the return of the amount of money that we would have paid for such products. The Customer may cancel the order at any time and without any additional cost, provided that it has not been invoiced and sent through the transport company. If the package had left our facilities, the Customer may reject it with the transport company at the time of receipt. The availability of products on the web is constantly changing and reflects the situation in real time. Adding an item to the shopping cart does not guarantee that it will be reserved for the Customer, as other customers may have purchased it while browsing the web. Only when the payment process has been completed, the product is effectively reserved for the Customer. We will make every effort to supply the products listed in your order confirmation. However, there may be occasions when it is impossible for us to supply such products due to, for example, that such products are not in stock. In these cases we will contact the Customer to inform him and perhaps we will suggest alternative products that he may wish to buy.
4. SUPPLY OF THE PRODUCTS
81 Simmarket S.L. will supply the products indicated in the Customer's order confirmation, in accordance with these Terms and Conditions.
5. INFORMATION ABOUT THE PRODUCTS
We pay great attention to the information regarding the essential characteristics of the products through technical descriptions from its partner companies and manufacturers, and from photographs illustrating the products. All this is done within the limits of the technique but always looking for the best market standards.
6. PRICES AND SHIPPING COSTS
The price of each product will be clearly determined in the online store. The price and conditions of the products offered may vary over time, but in any case, for a specific order, the price and conditions indicated when the Customer placed the order will always govern. We reserve the right to charge the order from the moment it is received. The sale prices indicated in our online stores are shown as follows: - If the Customer lives in the European Union, all prices include VAT, but we deduct this amount from the total if the shipment is made to areas exempt from VAT. - If the Client lives outside the European Union, prices do not include VAT. The Customer must pay local VAT and there may be an import tax when the shipment reaches its destination. In some countries or areas there is also the charge for the management of customs procedures, these costs are charged by the transport company who acts as an intermediary. Tariffs and customs regulations vary in different countries and it is difficult to know how they work exactly. Shipping costs are not indicated in the price of the products. Transportation costs are borne by the Customer and will be added to the total amount of the selected products. The Client can consult at any time what is the amount of the shipping costs in the shopping cart, before confirming the order and finalizing the contracting process. The calculation of shipping costs depends on the volume and weight of the items. Import costs for shipments to the Canary Islands: Shipments to the Canary Islands are subject to the payment of import taxes and / or local customs. Orders are sent through the transport company Correos Express, below, we detail the additional shipping costs borne by the Client: - If the total value of the order is from € 0 to € 150, taxes / DUA fee are not applied but The recipient must pay the costs of T2LF: € 6 plus the corresponding import costs according to GAS Value: € 6.85 (Simplified Customs Management). - If the total value of the order is more than € 150, the recipient must pay the costs of T2LF: € 6 plus the costs corresponding to the import according to the DUA Value: € 16. The DUA is the administrative document that is used to comply with customs formalities such as export, import or transit.
7. AVAILABILITY OF THE PRODUCTS
The Client must take into account that the orders will be sent within the limits of available stock. If one of the items ordered is not in stock, we promise to send the Customer an email as soon as possible (from the date they placed the order) to inform them of the period within which we can send their product (s) ( s). In case you are not interested in waiting, you can request a refund of the amounts you have paid for said item. If any of the products in your order, once invoiced, are not available, we promise to send the Customer the available products and to give them the shipping service costs of the rest of their purchase. If possible, we will propose an article of equivalent quality and price to replace the unavailable product. In the event that the proposed replacement product is not accepted, we will proceed to refund the unavailable product. If you wish to return the replacement product, any expenses will be borne by 81 Simmarket S.L.
8. PAYMENT OF PRODUCTS
81 Simmarket S.L. has partnered with Adyen to ensure maximum payment security and the prevention of fraud and defaults. If our security department suspects an anomaly or fraud, 81 Simmarket S.L. reserves the right to cancel the transaction for security reasons. Our main payment methods are PayPal, Credit / debit cards. Please note that the payment methods offered may vary depending on the destination country. Once all the items have been added to the basket and you have selected the courier service, all available payment methods for your destination country will be displayed. For online payments made by credit / debit card, the 'Secure Socket Layer' (SSL) security system is used, which allows the encryption of banking information on the network. The Client always has the right to receive the paper invoice free of charge, although if she does not state otherwise in her order, we will understand that she expressly consents to receive it electronically (by e-mail). This consent may be revoked by the Customer at any time, by contacting our Customer Service team, through the contact section.
9. DELIVERY OF PRODUCTS
When placing an order, the Customer can choose their delivery option once all items have been added to the cart. 81 Simmarket S.L. will send the order to the address provided by the Customer when placing the order. To ensure the safe delivery of the package, the courier company needs a signature to confirm that the delivery has been made successfully. If there is no one to receive the package, the driver will attempt a new delivery, deposit the package with a neighbor, or return the package to the local post office to be kept safely. In case the package cannot be delivered due to any reason, such as wrong address, absent recipient, rejection of the package, etc., the package will be returned to our warehouse. Please note that we can only refund the price of the product paid, once the package has arrived back at our warehouse. The Customer will receive a refund of the price of the product paid by the same payment method used when ordering. In this case, the shipping costs will not be refunded.
10. PRODUCT WARRANTY
As official distributor of each brand, all the articles that 81 Simmarket S.L. sold, are covered by a 2-year manufacturer's warranty. If any of the products purchased suffers from a manufacturing defect, detected within a period of 2 years from delivery and the defect has been confirmed by the manufacturer, we undertake to repair it free of charge, to replace it with a new one alternatively or to carry out the corresponding fertilizer. In this case, all costs for returning the product and shipping the new or repaired product are borne by 81Simmarket S.L. In this way we will organize the return in the most suitable way. In the event that the problem of said product does not correspond to a manufacturing defect and is not covered by the guarantee, the Customer will pay all the additional expenses, including those of said return.
11. RETURN OF PRODUCTS AND WITHDRAWAL
If the Customer is not satisfied with the product he has purchased, he may return the product to us and obtain a refund of the price of the returned product within 30 days of delivery of the products. On the other hand, only items that have not been used are accepted (except for reasons of defect, the guarantee is two years). There are certain products that cannot be returned, of which personalized items. Instructions for returning a product are available in the Returns section. Once the merchandise is returned to our warehouse and after checking its status, the amount will be reimbursed according to the payment method made by the Customer. The Customer has the right to withdraw from their purchase, within a period of 14 calendar days following the delivery of the products, except in the case of an exclusion provided for in the General Law for the Defense of Consumers and Users. To exercise the right of withdrawal, the Client must notify 81 Simmarket S.L. preferably by filling in the form that you will find in the Returns section. Or you can send your Withdrawal form by postal mail by sending it to: 81 Simmarket S.L., Calle Josep Bonay i Vidal, 30A. 17200 Palafrugell (Girona - Spain). Below we provide the withdrawal form model. Please note that the following form must only be completed and sent if the Client wishes to withdraw from the contract. - For the attention of 81 Simmarket S.L., Calle Josep Bonay i Vidal, 30A. 17200 Palafrugell (Girona - Spain). - I hereby inform you / we communicate (*) that I withdraw from me / we withdraw from our (*) sale contract of the following good / provision of the following service (*) - Order on / received on (*) - Name of the consumer and user or consumers and users - Address of consumer and user or consumers and users - Signature of consumer and user or consumers and users (only if this form is presented on paper) - Date (*) Delete what is not proceed.
12. REVIEWS AND COMMENTS
81 Simmarket S.L. recommends the Customer to leave reviews, comments and questions about products for sale in our online stores. We regularly monitor this content and reserve the right to remove, reject or edit it at any time. By submitting information to our websites such as a review, a technical question about a product or a comment about the service, the Customer understands that what she has sent is not protected by copyright and is allowing its appearance in our online stores.
13. OBLIGATIONS OF 81 SIMMARKET AND THE CLIENT
81 Simmarket S.L. undertakes to make all the necessary information regarding products and orders available to the Customer. 81 Simmarket S.L. does not guarantee the execution of these conditions in the event of force majeure, in case of fault of the Client or of an unforeseeable event on the part of a person outside the contract. The Client undertakes to fill in the order forms and their fields according to the instructions indicated. 81 Simmarket S.L. will protect the data in accordance with the law. The Customer also agrees to pay the price of the product, with the corresponding taxes and shipping costs. We remind you that it is advisable to keep a copy of the data contained in the products purchased. 81 Simmarket S.L. It is not responsible for any loss of data, files or, in general, for any damage that will result from a failure to backup by the Customer of the data contained in the products purchased. 81 Simmarket S.L. is not responsible for the consequences that may result from an inappropriate use of the products sold in its online stores.
14. PROTECTION OF PERSONAL DATA AND COMMENTS
15. INTELLECTUAL PROPERTY AND COPYRIGHT
All the contents available in the online stores of 81 Simmarket S.L. (illustrations, texts, names, own brands, images, videos ...) are the property of 81 Simmarket S.L. Third-party brands are the property of their owners. Any partial or total reproduction of the content through any procedure and on any medium is subject to a prior and express authorization from 81 Simmarket or the rights holders, where appropriate. All opinions written by Clients are controlled by the Marketing team. If the opinions received violate the law, ethics or morals (abusive advertising, defamation, insults, comments out of context, etc.), 81 Simmarket S.L. reserves the right to reject or modify such opinions. 81 Simmarket S.L. It is not responsible for the misuse that is made of the contents of the Web pages, being the sole responsibility of the user who accesses or uses them. 81 Simmarket S.L. declines all liability arising from the exchange of information between Users through the Web pages. The responsibility for the dissemination of data and the statements made on its Web pages, corresponds in any case to those who make them.
16. LINK WITH THIRD PARTIES
81 Simmarket S.L. does not assume any responsibility for the information contained in third-party Web pages that can be accessed through links or search engines on the Web pages. The presence of links on the Web pages is for informational purposes only and in no case does it imply a suggestion, invitation or recommendation about them. There is the possibility of sharing content or any type of information through social networks such as Twitter, Facebook or other applications, such activity being subject to the conditions of use and registration expressly established by these online platforms, without 81 Simmarket S.L. assumes no direct or indirect responsibility for the contents published in them by users. In these cases, you must bear in mind that by accessing these networks, you are leaving the web pages of the stores, to access an environment not controlled by 81 Simmarket S.L. Consequently, 81 Simmarket S.L. will not assume any responsibility for possible breaches of the security of said environments.
17. MODIFICATIONS TO THE LEGAL MENTIONS
81 Simmarket S.L. reserves the right to modify this Legal Notice without express acceptance by the User being a prerequisite, understanding the modifications made tacitly accepted by the User in the event that he continues to access the Web Pages from the date of publication. of the referred modifications. Otherwise, the User must immediately cease accessing and / or using the pages.
18. APPLICABLE LAW AND JURISDICTION
This contract will be interpreted and governed in accordance with current Spanish legislation. This contract has been originally drawn up in Spanish and the User accepts that the Spanish version of this document will prevail over any version of the same in another language. The parties agree, for the resolution of conflicts and waiving any other jurisdiction, to submit to the Jurisdiction of the Courts and Tribunals of Girona (Spain), unless the Client is an individual, in which case they will be those of the Client's domicile.