General Terms and Conditions

General

This section establishes the contracting and acquisition of the products offered through the site https://tmrt.es property of Tamarit 2015, S.L. (hereinafter Tamarit).

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

1.- That he/she is a person with sufficient capacity to contract.

2.- That he/she has read, understands and accepts without reservation each and every one of the points of the present general conditions.

3.- That he/she assumes all the established obligations.

Without prejudice to the provisions of these Conditions of Contract, the Customer is subject without reservation to compliance with the rules set out in the Legal Notice of the Site.

Tamarit does not intend to process data corresponding to minors. Tamarit only sells to persons of legal age in accordance with Spanish law (Article 315 of the Civil Code).

These General Conditions of Contract shall be valid for an indefinite period of time and shall apply to all contracts made through the website of

https://tmrt.es

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

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

In any case, for any doubt or query regarding these conditions, as well as any other policy of our website, the customer can contact Tamarit through the pre-established channels for this purpose in this document and on the website.


Identity of the Parties

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

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

Communication and contact

For communication purposes, Tamarit makes the following means available to the client:

Email: info@tamaritmotorcycles.com
Telephone: (+34)966 363 832.
Mailing address: C/ Vicente Blasco Ibañez, 38
03201 Elche (Alicante), Spain.
Contact and user service form.

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

Responsibility of the Client

The customer agrees to make lawful use of the website and the services provided therein, respecting current legislation and refraining from harming the rights and interests of third parties and Tamarit.


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

Failure to comply with the above may result in the withdrawal or cancellation of services by Tamarit without notice and without the right to any compensation, as well as the initiation of legal action to which Tamarit is entitled to go.

Tamarit's Responsibility

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

For any information or questions, the customer will have the form provided for this purpose in the "Contact" section or via telephone (+34) 966 363 832, or via e-mail to the e-mail address info@tamaritmotorcycles.com indicating the order number or establishing your query.

For more information about the responsibility of Tamarit and the limitation of the same with respect to the use of the website and the products offered therein, please review the "Limitation of Liability" section of this document.

Language

Commercial and contractual information and communications with Customers shall be in Spanish.


Technical Means to Correct Errors

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

info@tamaritmotorcycles.com

At any time before confirming the purchase, the customer can go back or leave the page and your order will not be effective. Likewise, you can cancel the items in an order by deleting them from the shopping cart, before confirming your order.

As indicated above, if you detect an error in your order after the completion of the payment process, you should also contact us immediately by the means described in this section.

If the product has left Tamarit's warehouse, the customer must pay the shipping costs.

Electronic Document Storage

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


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

The purpose of this contract is to regulate the existing relationship between Tamarit and the customer at the time the latter gives his consent during the contracting process by sending his personal data, action by which confirms having read and accepted the Privacy Policy of this website.

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

Purchasing Procedure

The purchase of Tamarit's products can be made according to what is established in the link how to buy.


Products/Services Offered

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

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

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


For any information about the order, the customer will have the form established for this purpose in the "Contact" section or via telephone (+34)966363832, or via email to the email address info@tamaritmotorcycles.com es indicating the order number that was assigned in the email confirmation of purchase.


Price and Validity Period of the Products

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

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

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

The customer will be able to check and calculate the total price of the product with the exact breakdowns before proceeding to formalize the payment in the purchase process of the web.

Invoicing

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

The customer expressly consents, through the acceptance of these general conditions, to the forwarding of the invoice electronically. Notwithstanding the foregoing, you may at any time revoke such consent, by sending an email to Tamarit to the address info@tamaritmotorcycles.com stating in the subject "paper invoice" and indicating your desire to receive it in that format.


Payment method

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


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



Deadlines and Order Delivery

The product will be considered delivered to the customer at the time it is available to the customer and signed by the latter's receipt of the same to the transport agency.


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

In no case will Tamarit be responsible when the delivery of the product does not take place as a result of the data provided by the customer being false, inaccurate or incomplete, or when the delivery can not be made for reasons beyond the entity that is responsible for shipping, such as the absence of the recipient.

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

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

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

If, in spite of this, the product is still not delivered, the buyer is entitled to summon Tamarit to comply within an additional period appropriate to the circumstances. If the entrepreneur fails to deliver the goods within such additional period, the customer shall be entitled to terminate the contract, and the seller must proceed to reimburse, without undue delay, all amounts paid by the buyer under the contract.

Shipping costs

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

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

Claim of Undelivered Orders

The customer, after receiving an email that your order is sent, if after a reasonable period of time does not receive the product, you can contact Tamarit by phone (+34) 966363832, by the form "Contact" or by mail: info@tamaritmotorcycles.com to clarify the cause of the delay.


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

In the event that Tamarit does not have availability of the contracted goods, the client will be informed of the unavailability and will receive the sums paid from Tamarit as soon as possible.

Returns

Our return policy extends the 14 calendar day legal guarantee to a maximum of 30 calendar days. After 30 calendar days from your purchase, Tamarit will not be able to offer you a refund or exchange the purchased product. This 30-day money-back guarantee does not apply to products without physical delivery, such as gift cards or downloadable software products. For more information, please refer to the "Right of Withdrawal" section.

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

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

If you are returning an item or product priced over 75 euros we strongly recommend that you use a trackable shipping service or purchase shipping insurance. Tamarit cannot guarantee in any case that we will receive the returned product.

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

Refunds

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

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

In case of accepting the refund and when this has not occurred within a reasonable period of time (90 days), please contact Tamarit to confirm that we have proceeded to refund the amount and then contact your credit card provider, as the actual refund may take some time due to the operation and payment processing of the bank or entity that provides the services. If you have already carried out these checks and have not yet received your refund, please contact us at info@tamaritmotorcycles.com.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you will receive a credit for the value of the product. Upon receipt of the returned item, a gift certificate will be mailed to you.

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

Product exchange (if applicable)

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

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


Cancellations

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


Defective Product on Delivery

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


If after reviewing the order the customer observed differences between the material received and the delivery note, or the order is damaged by a blow has to contact in the shortest possible time with Tamarit, using the contact form established for this purpose in the "Contact" section or email address info@tamaritmotorcycles.com, or by phone at (+34) 966363832 indicating the order number or invoice and detail of the anomalies, and the preference for refund or replacement of the same (at no additional cost to the customer).

Codes of Conduct

We inform that Tamarit does not adhere to any code of conduct, either its own or others. In the future, this adherence may be modified by Tamarit's own will without express written communication with its customers.


Major Force

None of the contracting parties shall have any liability for any type of failure due to force major. The termination of the contract will be postponed until the termination of the force major situation.


Right of Withdrawal

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


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

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

    Procedure:

    To exercise his right of withdrawal, the consumer and/or user has a period of 30 calendar days. To do so, he/she shall complete the following form expressly established for this purpose, or make another type of unequivocal statement indicating his/her decision to withdraw from the sales contract.


    Whether by one means or another, your communication must contain the following data:
    Your identification data:
    - full name and address
    - Order number appearing on the invoice sent to you together with the purchased goods.
    - Description of the purchased good
    - Your wish to withdraw from the purchase agreement
    - Bank account where you want the refund of price and costs to be made.
    - Date of the communication
    - If you send your request by non-electronic means (e.g. postal mail) it must be signed.


    From the date on which we communicate your decision to withdraw from the contract, the consumer and / or user has a period of 30 calendar days to return to Tamarit in perfect condition the goods purchased along with a copy of the purchase invoice.

    Tamarit will promptly notify the consumer and / or user by mail acknowledgment of receipt of such withdrawal, with shipping instructions from the consumer and / or user. Once the product has been received or the consumer and/or user has presented reliable proof of the return of the goods, Tamarit will deliver the sums paid by the consumer and/or user without undue delay.


    Applicable Warranties

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

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

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

    The warranty is valid in all countries of the European Union. In order to be able to process the warranty, the customer must keep a copy of the invoice.

    If the defect of the good or the lack of conformity arises after 6 months, the legal guarantee still exists but it is the obligation of the consumer and/or user to demonstrate that the defect or lack of conformity already existed at the time of the sale and that it was not due to misuse or poor maintenance of the product on his part.

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

    As a consequence of what is stated in the previous point, during the warranty period, the defective goods must be sent to the manufacturer's Official Technical Service, to study the defects and determine their causes, as the only technically qualified means to carry out this diagnosis.

    Limitation of Responsibility

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


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

    In no event shall our directors, employees, affiliates, agents, contractors, suppliers or licensors be liable for any injury, loss, claim or any direct or indirect damages of any kind, including, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or any similar damages arising out of your use of the services on this website or any products purchased through this website.

    Similarly, Tamarit disclaims liability for any other claims relating to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the services of this Site or any product or content posted, transmitted or otherwise made available through this Site.

    As stated above, in no event shall Tamarit be liable for any defects or damages caused to the product by misuse and/or improper use by the customer. It is the sole responsibility of the purchaser to install the motorcycle parts and other installable products purchased on our website. Tamarit is not responsible in any case for any consequence derived from the correct or incorrect installation by the buyer of the parts purchased on Tamarit's website and installed by the buyer.

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

    It is not understood as a manufacturing defect that which is a consequence of use and natural wear and tear.


    Complaint Forms

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


    Jurisdiction and Applicable Law

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

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