MOTOYE TERMS AND CONDITIONS
From the MOTOYE team we would like to inform the user that the use of this website implies their consideration as a user, being applicable the general conditions of use detailed in this document. Only the terms and conditions of the online purchase will apply to the user when he makes the purchase of any of our products and has received the proof of purchase and the conditions associated with it.
The purpose of these General Conditions of contract and use is to regulate the provision of the information provided in the MOTOYE online store, as well as the commercial transactions that arise between users in www.motoye.com.
These general conditions are applicable solely and exclusively to end customers. Those companies or individuals, legal or natural persons, distributors of products or any other susceptible to resale of product, regardless of consumption as end users, will not be considered as such.
1. IDENTITY AND OWNER OF THE WEB.
MOTOYE S.L., with CIF: B81859613 is the owner, owner and manager of the website www.motoye.com For a commitment to transparency and our users, we provide tax and contact information.
MOTOYE, S.L. registrada en el Registro Mercantil de Madrid, libro 0, tomo 12554, folio 168, hoja M-200462.
CALLE CAMINO DE LAS CRUCES 23 - 28044 MADRID (MADRID)
For the MOTOYE team, it is essential that you know and understand some basic terminology that we will use in our legal texts:
- Contents: Texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, downloadable of any kind, expressions and information belonging to MOTOYE or to third parties to which the User may have access through the web: www.motoye.com
- Cookies: These are small amounts of information that are stored in the browser used by each User so that the server remembers it. This information will be read only by the server that implemented it.
- Personal account: Space accessed by Registered Users, whether establishment or individuals and in which people can save their favorite discounts.
- Services: Set of services offered by the Web either directly through it or by information.
- Web: Internet site accessible at the address www.motoye.com
- Owner: Person (natural or legal) owner or responsible for the Web
- User: Anyone browsing the web.
3. GENERAL CONDITIONS OF USE
As we have already announced, what is contained in this legal notice and conditions of use, has a legal figure of CONTRACT and therefore implies an obligation between the parties (MOTOYE, S.L. and the user).
3.1. LINK POLICY OF THIS WEBSITE.
Both this website and its electronic commerce may contain links to other websites or mention other cooperative websites, for which those responsible will be the owners of the same. MOTOYE is not responsible in any way for the problems or violations of rights that the websites owned by third party sites may pose with respect to the user, please read their Legal Notices.
MOTOYE does not recommend, endorse or identify, nor does it guarantee, represent, sponsor, or endorse any website linked or owned by third parties that may be commercially named by users. MOTOYE does not know the contents and services of the linked sites or third parties that appear on our website and, therefore, is not responsible directly or indirectly for damages caused of any kind by the content and / or services of the Web links or for any other damage that is not directly attributable to this website.
The MOTOYE team appreciates that in the event that the user considers that there is a Web link with illegal or inappropriate content, he communicates it at the email address: [email protected] committing ourselves to the elimination of the content, or the link, as soon as possible.
3.2. RULES OF USE, RIGHTS AND EXCLUSIONS OF LIABILITY.
3.2.1. USER RIGHTS.
All visitors to the web, by the mere fact of acquiring the status of users and browsing the web have the following rights:
- You have the right to clear, concise and up-to-date information about the services offered and their commercial expression.
- You have the right to know the expenses associated with hiring the service before hiring it.
- You have the right not to provide personal data that is not necessary for the operation in question.
- You have the right to the protection of your personal data.
- They have the right to be informed about the purpose and subsequent uses of personal data collected. And to make this information understandable by the general public
- You have the possibility to exercise your rights to access, rectification, cancellation, opposition, portability and forgetting your personal data. And that these rights are exercised not only by electronic means but also physically. Likewise, the user has the right to obtain a response. For more information about these rights and their exercise or response period, go to the link "Privacy and Data Protection Policy"
- You have the right to receive personalized attention by alternative means to email, in response to your rights. In case the attention is related to the information of services or commercial, you must abide by the hours of customer service.
- You have the right to be informed of the receipt of commercial information or advertising and to freely give your consent.
- You have the right to be informed of the use and purpose of cookies or other data storage devices if any. For more information about it we recommend going to the "Cookies Policy"
3.2.2. OBLIGATIONS OF THE USER AND BREACH OF THE USER'S CONDITIONS.
As a user, you agree to make appropriate use of the contents, services and products that are accessible through this website, subject to the Law, morality and public order as well as these Conditions of Use, respecting at all times the other users of the same.
3.2.3. INTELLECTUAL AND INDUSTRIAL PROPERTY.
The website the pages it comprises and the information or elements contained therein, hereinafter the CONTENT, are protected by intellectual or industrial property rights, of which MOTOYE is the owner and / or holds a license or express authorization for its use and public communication by the legitimate third parties owners of the same for inclusion in this website specifically.
The user is not authorized to proceed with the reproduction, total or partial reinterpretation, use, exploitation, distribution, alteration, dissemination, sale, for commercial purposes of the contents of this website without the prior express authorization of MOTOYE
Any use not previously authorized will be considered a serious breach of intellectual or industrial property rights, and compensation may be claimed in this regard.
3.2.4. CONTENT ERRORS
In MOTOYE we make every effort to provide truthful, adequate and updated information, despite this, it is possible that there may be a typographical error, beyond the control of MOTOYE. In this case we will correct it at the moment we detect it. If the user or the client detects the error, please let us know [email protected]
If there is a typographical error in any of the prices shown and a customer has made a purchase decision based on that error, we will communicate this error and the customer will have the right to cancel his purchase without any cost on his part. In the same way, it is possible that the contents of the website may sometimes show provisional information about some products. In the event that the information provided does not correspond to the characteristics of the product, the CUSTOMER will have the right to cancel their purchase without any cost on their part.
However, and in compliance with the provisions of art. 11 and 16 of the LSSI-CE, MOTOYE makes itself available to all users, authorities and security forces, to collaborate actively in the withdrawal, or where appropriate blocking, of all content that could affect or contravene national or international legislation, rights of third parties or morality and public order.
In this way, in case the user considers that there may be any illegitimate content, we would appreciate it if you notify us immediately through the following email: [email protected]
4. TERMS AND CONDITIONS OF ONLINE PURCHASE
The products offered through the www.motoye.com website have different characteristics, so we recommend that you read our legal notices and the technical specifications of each of our products in full before making the purchase.
4.1. OBJECT OF THE CONTRACT
Without prejudice to compliance with any general requirements established by MOTOYE, you can execute the purchases of the products available on the website www.motoye.com following the process enabled for it.
The object of this contract will be precisely the electronic contracting of the products offered through our website.
Before charging you will be presented with all applicable fees, including taxes, shipping costs or any other type of additional expense to the price of the product.
4.2. PURCHASE PROCESS.
During the validation of the purchase process you agree to pay the rates described for each of the products offered on our website. The payment will be made automatically through the payment platform, by bank transfer, by PayPal, cash on delivery or with cash payment in our stores.
For more information about this you can consult our notice: "Payment Methods"
Upon completion of the purchase process on the web, you will receive an email confirming the purchase made along with a copy of the Terms and Conditions.
From that moment, you acknowledge having been informed of all the general conditions that involve the purchase of the product. If, after reading these contractual conditions, you are not satisfied, you can exercise your right of withdrawal as indicated in paragraph 4.6. of these terms.
All contracts through the web involve orders with payment obligation.
Similarly, you are aware of the particular characteristics of the chosen product and object of purchase, published on our website.
MOTOYE will send, once the Terms and Conditions of Purchase have been accepted, the justification of the purchase made, with all its terms, via email within 24 hours of the purchase to the email provided by the CUSTOMER.
MOTOYE informs you that for legal reasons it archives the electronic documents in which the purchases are formalized, to which you can access these documents by requesting it from our Customer Service or from the [email protected] email.
4.3. CATALOG, PRODUCT CHARACTERISTICS.
You can find the catalog of our products are published on our website. If the product is out of stock the message will appear: There is no Stock and can not be added to the "Cart" to make the purchase.
4.3.2. CHARACTERISTICS AND QUALITY OF THE PRODUCT.
All the products in our catalog are linked to the information about the basic characteristics and additional information of the same. You are solely responsible for verifying that these characteristics meet your expectations set by the product before making the purchase.
4.4. PRICES, PAYMENT METHODS AND SHIPPING.
The prices applicable to each of the products are published on our website. Before the purchase is made, the full price of the product will appear, including VAT and other taxes, as well as any expenses that may arise from the purchase.
MOTOYE can make the modifications it deems appropriate, being able to update products and services depending on the market.
These modifications will not be applied to purchases already made of the product, keeping the CUSTOMER the agreed price.
4.4.2. PAYMENT METHODS.
In MOTOYE we offer different ways: payment by card through our virtual POS, by bank transfer, by the PayPal platform, cash on delivery or payment in store. Please see our "Payment Methods" section for more information.
In the Bank Transfer mode, the order will not proceed and will be sent until the accounting entry of the deposit in our account has not occurred, take it into account to calculate the shipping time.
4.4.3. ORDER AND SHIPPING PROCESS.
Once the purchase has been made, MOTOYE will ship the products purchased within the deadlines indicated below:
For products that are in stock:
- 24-48 working hours if the delivery is in the Peninsula or the Balearic Islands○ 4 to 9 working days if delivery is in the Canary Islands, Ceuta or Melilla○
- 15 days approx. if the delivery is in another country other than Spain
- For international shipments you have to consult at the time of placing the order
- For products that are not in stock, you must request information about it in [email protected]
In all the products offered on the website, their availability or not in stock is indicated. The delivery date of the purchase will depend on the selected shipping method.
The approximate delivery times for each shipping method will be indicated during the purchase process.
In the event that the payment has been made through a bank account, the processing time of the order begins when the accounting entry of the deposit in our bank account is available, this may depend on the issuing bank.
Please refer to the "Shipping Policies" section for more information.
4.5. LEGAL GUARANTEES.
All the rights that the Laws in force guarantee to consumers and users are guaranteed.
In case of defective product, MOTOYE must proceed, as appropriate, to the repair, replacement or refund of the amount, procedures that will be free for the consumer and user.
MOTOYE is liable for quality deficiencies that become apparent within two years of delivery of the products. The consumer and user must inform MOTOYE of the lack of conformity within two months of becoming aware of it.
For more information, please see our "Exchange and Return Policy" To exercise this right you must do so through the email: [email protected] or by calling our Customer Service (915087933 - 915080248) at the following time and we will indicate how to continue: Mon-Fri 10:00-14:00 | 16:30-20:30. S 10:30-14:00
4.6.1. RIGHT OF WITHDRAWAL.
You will have a period of 14 calendar days from receipt of the good to terminate the contract, without the need for justification. To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
4.6.2. CONDITIONS OF WITHDRAWAL.
The right of withdrawal will not apply in the following cases, as well as in the rest of the exceptions provided for in article 103 of Law 3/2014:
In the supply of goods made according to the specifications of the Customer or clearly personalized.
In the case of being a "tailor-made" product, you will be previously informed of this feature.
The CUSTOMER will bear the direct costs of returning the products.
The price to be returned is the one originally stated in the order, with the exception of the additional expenses resulting from your choice of a delivery method different from the least expensive mode of ordinary delivery that we offer.
Once the correct condition of the returned product has been verified, MOTOYE will proceed to refund the amount within a maximum period of 14 calendar days, using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise.
4.6.3. WITHDRAWAL PROCEDURE.
Tiene usted la opción de ejercer su derecho a desistimiento a través de cualquier otra declaración inequívoca a través [email protected] Solo tiene que indicarnos el número de pedido, para poder tramitarlo. Recibirá un remitente con la fecha de ejercicio.
If you wish, you can use the following model (you only have to complete and send this form if you wish to withdraw from the contract)
Model withdrawal form For the attention of MOTOYE, S.L.I hereby inform you that I withdraw from our contract of sale of the following product:
- Order on (order date) /received on (date received)
- Name of the CLIENT
- Address of the consumer and user or consumers and users
Form of return of the order.
You must return or deliver the products directly to us, without any undue delay to the following address:
Camino de las Cruces, 23, 28044 Madrid.
No later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract.
The deadline will be considered fulfilled if you return the goods before the end of the period. You must bear the direct cost of returning the products.
The cost of the return will depend on the products to be returned, you can consult it at the transport center to which you go. You will only be liable for any decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the products.
The refund will be made through the means of payment used in the purchase as far as possible. MOTOYE will not refund the amount or make any reshipment of merchandise until the receipt and condition of packaging and accessories of the item object of the return or exchange in our warehouses has been verified.
4.7. FALSE ORDERS OR FALSE IDENTITIES
Each order is related to a specific IP address, they are not usually used for any specific function. However, we reserve the right to use them to take legal action against those who place false orders for material, without any intention of collecting it, or paying for it or simply asserting the right of withdrawal for uses other than this.
In these situations, we will act through criminal proceedings, under the established legal system, and in collaboration with police means for this purpose, the appropriate measures will be taken to put an end to these fraudulent requests.
4.8. AFTER-SALES SERVICE AND WARRANTY.
If you have any questions about any product purchased in www.motoye.com you can contact us through our email: [email protected]
In case of any claim you can go in person to our offices at the following address. In our establishments you can request an official Complaint Form.
Camino de las Cruces, 23, 28044, Madrid
Our opening hours are:
Mon-Fri 10:00-14:00 | 16:30-20:30.
In any case, you can exercise your claim by sending us the following information to the email [email protected]:
- Name, address, ID, email and telephone number of the claimant.
- Brief and clear description of the facts that are the subject of your complaint.
- What you request with the claim
You can obtain a sample complaint form at the following link:
In addition, the CLIENT has the option of going to the Online Dispute Resolution system of the European Union accessible through the following link:
For any change or correction in the data you have provided, you can write to us at [email protected], indicating the errors and correcting them. MOTOYE undertakes to correct such errors within 48 hours of notifying us.
5. RULES OF USE, RIGHTS AND EXCLUSIONS OF LIABILITY OF THE USER REGISTERED IN MY ACCOUNT
5.1 Creation of the Personal Account.
The User who wishes to make use of the exclusive services offered on the Website for Registered Users must create a personal Account through the form provided for this purpose, for which he will have to follow the instructions indicated and provide the required data.
During the process of creating his account, the User must choose a name and password that will allow him to access it.
The User shall be solely responsible for selecting a common password appropriate security level. For this purpose, the User is recommended not to choose as a password obvious combinations that allow easy decryption by a third party.
The User will be responsible for guarding and keeping secret in relation to his password, not having to provide it to a third party.
In the event that you suspect that your password has been known by a third party, you must immediately proceed to modify it.
The User guarantees that all the data provided to MOTOYE when creating his Personal Account are true and that they correspond effectively with his data, and must inform MOTOYE of any subsequent changes or modifications.
In the event that the User detects any anomaly related to the use of these data, he must immediately notify the Owner of this Website through the following email address [email protected] in order to proceed with its immediate cancellation.
For any questions regarding your registration or cancellation as a User, you can contact MOTOYE through the following email address: [email protected]
5.2 Deleting the Personal Account.
The User may delete his/her Personal Account at any time. To do this, they must send their request for account deletion by email [email protected] with the subject: BAJA MOTOYE
To unsubscribe from commercial communications, the User must click on the "unsubscribe" option in the respective communications or send an email to [email protected] with the subject: "Unsubscribe commercial communications".
The fraudulent use of the Personal Account will mean the loss of the right to continue using the services of the web, and the possible claim for damages caused by it.
6. PRIVACY AND COOKIES POLICY.
MOTOYE in compliance with Spanish regulations on the protection of personal data, guarantees full compliance with the obligations described therein, as well as the implementation of the security measures contemplated in European Regulation (EU) 2016/679, hereinafter RGPD.
For this reason, the MOTOYE team again recommends its reading and understanding and the abstention from the use of the web or any of its content / services in case of not agreeing with them.
It is necessary that you know that in MOTOYE we collect personal data through the contact forms, and the platform integrated in this website.
The use of your personal data will be the provision of the requested services.
In case we want to give a different use to such personal data, you will be asked for your express consent beforehand.
Although it is necessary to accept the "Privacy and Data Protection Policy" in which you are informed in more detail of the use and processing of your data, all users have the possibility of exercising their rights of access, rectification, limitation, portability, cancellation or opposition, through the following email:
In the "Cookies Policy" we inform you that the MOTOYE website has Cookies in favor of giving more validity in its services. Please consult the Privacy and Cookies section.
7. APPLICABLE LEGISLATION AND JURISDICTION.
MOTOYE is based in Spain, so it is bound by Spanish and European laws on contracting.
In case of conflict, the competent Court or Court of knowledge of the same will be that of the domicile of the CLIENT.
If the User accesses this site from a location outside of Spain, he is responsible for complying with all local and international laws that apply to him.