1. GENERAL INFORMATION
The ownership of this website www.rebeltyres.com/, (hereinafter Website) is held by: Rebel Tyres, S.L., with NIF: B66301664 and registered in: Registre Mercantil de Girona; and whose registry details are: volum 3244 llibre 0 foli 82 full GI5409 Inscripció 6, and whose contact details are: Address: C/Primer de Maig, 20 – Pol. Ind. Can Cuca 17410 – Sils (Girona) Contact telephone: 972168160 Contact e-mail: firstname.lastname@example.org This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (www.rebeltyres.com/) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions). For the purposes of these Conditions it is understood that the activity that Rebel Tyres develops through the Website comprises: Marketing and distribution of tires, mousses and tubes for both motorcycles and bicycles, In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and General Conditions of Use, including, the cookies policy, and the privacy and data protection policy of Rebel Tyres. By using this Web Site or by making and/or requesting the purchase of a product and/or service through this Web Site, the User agrees to be bound by these Terms and Conditions and all of the above, so if you do not agree with all of the above, you should not use this Web Site. We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable. For all questions that the User may have in relation to the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Use this Web Site only to make inquiries and legally valid purchases or acquisitions.
- Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
- Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website. The Website is primarily intended for Users residing in Spain. Rebel Tyres makes no representation that the Website complies with the laws of other countries, either in whole or in part. Rebel Tyres disclaims any liability that may arise from such access, nor does it ensure shipments or provision of services outside Spain. The User will be able to formalize, at his choice, with Rebel Tyres the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Web Site.
3. PURCHASE OR ACQUISITION PROCESS
All purchase orders received by Rebel Tyres through the Website are subject to the availability of the products and/or that no circumstances or force majeure (clause nine of these Conditions) affect the supply of the products and/or the provision of the services. Should difficulties arise in the supply of products or should there be no products in stock, Rebel Tyres undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT. However, unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the methods and shipping costs available and freely choose the one that suits him/her best. In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely. Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation. The accepted means of payment will be: Credit or debit card, PayPal, and Bank Transfer Rebel Tyres uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer). Credit cards will be subject to checks and authorizations by the issuing bank, if the issuing bank does not authorize payment, Rebel Tyres will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User. Once Rebel Tyres receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, if applicable, place established. If the means of payment is PayPal, the charge will be made at the time Rebel Tyres sends a confirmation of the purchase order or purchase of products and/or services to the User. In any case, by clicking on “Place Order” the User confirms that the payment method used is his/her own. Purchase orders or purchases in which the User selects bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by Rebel Tyres for the Website. When the system receives the transfer, the order will be prepared and processed for shipment. Using this method of payment, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Rebel Tyres will not be able to validate the order, which will be cancelled.
In those cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Worldwide Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation. If for any reason, for which it is responsible, Rebel Tyres is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days. If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to have it redelivered. If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Rebel Tyres to arrange delivery on another day. In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Rebel Tyres, Rebel Tyres shall understand that the User wishes to withdraw from the contract and the contract shall be deemed terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded to the User, with the exception of the additional costs resulting from the User’s own choice of a delivery mode different from the least expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated. However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him/her. For the purposes of these Conditions, delivery shall be deemed to have occurred or the order shall be deemed to have been delivered at the time the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address. The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Rebel Tyres receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time subsequent to full receipt of the amount subject to payment by Rebel Tyres. In accordance with the provisions of Law 37/1992, of December 28, 1992, on Value Added Tax (VAT), purchase orders for delivery and/or service shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification. This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Rebel Tyres Website or in the event that the goods making up his order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract. To exercise this right of withdrawal, the User must notify Rebel Tyres of his decision. You may do so, where appropriate, through the contact spaces provided on the Website. The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Rebel Tyres makes available as an annexed part of these Conditions, however, its use is not mandatory. In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period. In case of withdrawal, Rebel Tyres will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Rebel Tyres is informed of the decision to withdraw by the User. Rebel Tyres will reimburse the User using the same payment method the User used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Rebel Tyres may withhold such refund until it has received the products or items of the purchase, or until the User provides proof of return of the products or items, whichever condition is met first. The User may return or send the products to Rebel Tyres at: Ctra. C-63 num 1 pl – Pol. Ind. Can Cuca – 17410 Sils (Girona) And shall do so without any undue delay and, in any case, no later than 14 calendar days from the date on which Rebel Tyres was informed of the withdrawal decision. The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, it shall be liable for any diminution in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. The User acknowledges that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery. The same applies to the provision of a service that the User may contract on this Web Site, since this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been completely executed by Rebel Tyres, he will have lost his right of withdrawal. In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery. Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice. In the following link you can download the model withdrawal form:
Return of defective products or shipment error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact Rebel Tyres immediately and let it know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal). The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, if applicable, the replacement of the same. The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item. The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery costs and the costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, shall always apply.
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Web Site, in the terms legally established for each type of product, responding Rebel Tyres, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product. In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Rebel Tyres and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the quality and performance usual for a product of the same type and which are fundamentally to be expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products marketed on the Web Site may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect. On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the two years following the delivery of such products. To do so, the User must have retained all information relating to the warranty of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Rebel Tyres accepts no liability for the following losses, regardless of their origin:
- any losses that were not attributable to any breach by you;
- business losses (including loss of business profits, revenues, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred); or
- any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.
Likewise, Rebel Tyres also limits its liability as to the following cases:
- Rebel Tyres applies all measures concerning to provide a faithful visualization of the product on the Web Site, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
- Rebel Tyres will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or thefts of the product.
- Technical failures that due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Unavailability of the Web Site for maintenance or other reasons, preventing the availability of the service. Rebel Tyres puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
- Rebel Tyres shall not be liable for misuse and/or wear and tear of the products that have been used by the User. At the same time, Rebel Tyres will also not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
- In general, Rebel Tyres shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the force majeure continues, and Rebel Tyres will have an extension in the deadline to fulfill them for a period of time equal to the duration of the force majeure. Rebel Tyres will use all reasonable means to find a solution that will allow it to fulfill its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Web Site, the User agrees that most communications with Rebel Tyres will be electronic (e-mail or notices posted on the Web Site). For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Rebel Tyres sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User. The User may send notifications and/or communicate with Rebel Tyres through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website. Likewise, unless otherwise stipulated, Rebel Tyres may contact and/or notify the User by e-mail or at the postal address provided.
No waiver by Rebel Tyres of any specific legal right or action or failure by Rebel Tyres to require strict performance by the User of any of its obligations shall constitute or waive any other rights or remedies arising under any contract or the Conditions, or relieve the User from the performance of its obligations. No waiver by Rebel Tyres of any of these Terms or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
13. COMPLETE AGREEMENT
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and Rebel Tyres in connection with the subject matter of the sale and purchase and supersede any prior covenant, agreement or promise made orally or in writing by the same parties. The User and Rebel Tyres acknowledge that they have consented to the conclusion of a contract without having relied on any representation or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
15. APPLICABLE LAW AND JURISDICTION
Access, navigation and / or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law. Any controversy, problem or disagreement arising out of or related to the access, browsing and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between Rebel Tyres and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
Body The User may send Rebel Tyres any complaints, claims or any other comments he/she may wish to make through the contact details provided at the beginning of these Conditions (General Information). In addition, Rebel Tyres has official complaint forms available to consumers and users, which they can request from Rebel Tyres at any time, using the contact details provided at the beginning of these Conditions (General Information). Furthermore, should a dispute arise from the conclusion of this purchase contract between Rebel Tyres and the User, the User as a consumer may request 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 website: https://ec.europa.eu