Terms of service

Terms and Conditions of Contract

These Terms and Conditions of Contract govern the commercial relationship between MS ProPerformance 2008 S.L, with tax identification number NIF B17990755, registered office at Calle Can Pau Birol 3, 17005 - Girona, telephone 972 413 880, email: info@motoscoot.net (hereinafter, the "Company" or Motoscoot), and the customer (hereinafter, the "Customer") who purchases the products offered through the website www.motoscoot.net (hereinafter, the "Website").

The products are purchased directly from the Company, which acts as the direct seller; therefore, the contract of sale of the products is concluded between the Customer and the Company.

The Customer must read and accept these Conditions and the information on the products that he or she wishes to purchase before proceeding with the purchase. This acceptance shall be made expressly by clicking the box accepting the Terms and Conditions of Contract that will appear during the purchase process. By doing so, the Customer confirms that he or she is of legal age and has the legal capacity to purchase the products offered by the Company.

At the moment the purchase is formalised, it shall be deemed to be validly concluded and, from that instant, the prices and conditions shall be contractual in nature; they may only be modified by express agreement of the contracting parties.

The electronic document in which the contract is formalised will be filed by the Company for one year, in Spanish or Catalan, and during this period the Customer may obtain a copy.

1. OBLIGATIONS OF THE CUSTOMER

The Customer undertakes, for all purposes, to use the website and, where applicable, to purchase the products offered by the Company in accordance with the law and with these Terms and Conditions of Contract.

The Company reserves the right to remove from the website any comment or opinion from Customers that is contrary to current legislation, especially in cases where it infringes the fundamental rights and freedoms of individuals.

2. PRICES

All prices shown in the list of our products are in Euros and include Value Added Tax (VAT), unless the product information specifies that VAT is not included. 

Where a product is on offer, the offer price and its period of validity will be indicated.

In the final purchase summary, before payment is made, the final price will be shown, indicating the amount corresponding to the applicable taxes, as well as the cost of shipping.

In the case of international sales outside the European Union, the Customer shall be solely responsible for payment of any duties, import taxes and other customs charges required by the authorities of the country of destination.

The prices displayed on this website may be reviewed and modified, if circumstances so require, at any time. 

3. PURCHASE PROCEDURE AND METHOD OF PAYMENT FOR THE PRODUCTS

The Customer shall select on the website the products he or she wishes to purchase and the number of units.

The Customer shall complete the form with his or her details in order to process the order and, if desired, may register on the website to make future purchases more quickly. Before placing the order, the Customer will be shown a summary of the products he or she wishes to purchase, the price, the shipping costs and the estimated delivery time, and the Customer may make any changes considered appropriate. To formalise the order, the Customer must click the box accepting the Privacy Policy and these Terms and Conditions of Contract. At that time, the Customer must also choose the method of payment and click on Place Order. The Customer will then be redirected to another page where he or she must enter the details of the credit card with which payment will be made, or of the available payment service, and confirm the payment. Once payment has been made, the Company will send an email to the Customer’s email address, acknowledging receipt, within a maximum period of 24 hours from completion.

The contract shall not be considered to be concluded until the Company has received payment of the price of the products.

All transactions carried out through the Virtual POS (Point of Sale Terminal) will benefit from all appropriate security, confidentiality and integrity guarantees for the parties involved. Transactions are carried out in real time, so authorisation of the operation is communicated to the Company and the Customer at that moment. This system incorporates the latest e-commerce protocols developed by VISA and MasterCard, which make it possible to identify the purchaser who uses his or her card as a means of payment in an online store.

The details of your credit card are entered directly on the bank’s page, in the POS (the Bank’s Point of Sale Terminal), and are not entered or stored on any Company server.

The Customer shall be responsible for the accuracy of the personal data provided and, in particular, is responsible for ensuring that the credit or debit cards used are his or her property and that they have sufficient funds to cover the cost of the products to be purchased. The Company reserves the right to refuse this method of payment in the event of a card being refused or false data. Likewise, the Customer must notify the Company, by email, of any unauthorised or fraudulent charge on the card used for purchases on the website as soon as he or she becomes aware of it.

When the order is sent, the corresponding delivery note/invoice will be attached. In any event, the Customer may obtain a copy of the invoice by requesting it from the Company by email.

4. DELIVERY OF ORDERS

The Company ships to the destinations specified on the Website. Delivery times and shipping costs will vary depending on the Product and the destination, and will be detailed during the purchase process.

Delivery will be made to the address provided by the Customer. The Company shall not be liable for errors or impossibility of delivery where the data provided by the Customer are inaccurate, incomplete or false.

In no case shall the delivery period exceed 30 calendar days from the formalisation of the order, unless expressly agreed otherwise between the parties.

If the Company foresees a delay in delivery or the unavailability of a Product, it will inform the Customer as soon as possible. In such a case, the Customer shall be entitled to terminate the contract and obtain a full refund of the amounts paid, which shall be made without undue delay and, in any event, within a maximum period of 14 calendar days.

5. RIGHT OF WITHDRAWAL

In accordance with Articles 102 and following of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias, the Customer who is a consumer or Customer in accordance with the definition established in Article 3 of the said Royal Legislative Decree may withdraw from the purchase made, for any reason, within a period of 14 calendar days from receipt of the product. 

However, this right shall not apply where the products purchased have been unsealed, or where they are products that may deteriorate or expire rapidly, or relate to the supply of goods made to the consumer’s specifications or clearly personalised (for example, spare parts or accessories manufactured to specific order), all in accordance with the aforementioned Ley General para la Defensa de los Consumidores y Usuarios.

Likewise, the right of withdrawal shall not apply in the case of the supply of digital content which is not supplied on a tangible medium, where performance has begun with the consumer’s prior express consent and with his or her acknowledgement that, as a consequence, he or she loses the right of withdrawal.

To exercise the right of withdrawal, the Customer must notify us of his or her decision to withdraw from the contract by means of an unequivocal statement which may be sent by post or by email to info@motoscoot.net. If desired, the following form may be used:

Withdrawal form

(you should only complete and send this form if you wish to withdraw from the contract)

- For the attention of  ______________

- I hereby inform you that I withdraw from my contract of sale for the following product: _________________________________________________________________________________

- Order no. _______________________, placed on date: ____________________

- Name and surname(s): ___________________________________________________________

- Address: ____________________________________________________________________

- Signature (only if this form is submitted on paper)

- Date: _____________________

The Company will only accept returns that meet the following conditions:

• The item must be sent in the same box in which the product was received. If it is not possible to use the original box, the Customer must return it in a box that guarantees the protection of the contents so that they reach the Company in good condition; otherwise, the Company reserves the right to refuse the return.
• A copy of the invoice/delivery note must be included inside the package, indicating the returned products.

The product must be returned to Motoscoot - Calle Can Pau Birol 3, 17005 - Girona

 The transport costs arising from the return shall be borne by the Customer, who may freely choose the company preferred for transport of the product.

Once the product has been received and it has been verified that it is in perfect condition, the refund of the amount will be processed, which will be made within a maximum of 14 calendar days from the date on which the Customer notified the intention to withdraw, and using the same means of payment chosen by the Customer at the time of purchase. Until the returned products have been received, the Company may withhold the refund.

6. LEGAL WARRANTY OF CONFORMITY AND DAMAGE IN TRANSIT 

All Products sold by the Company benefit from a legal warranty of conformity of three (3) years from the date of delivery, in accordance with Royal Legislative Decree 1/2007 of 16 November.

This warranty covers any lack of conformity of the Product existing at the time of delivery, including manufacturing defects and damage caused during transport.

In the event of a lack of conformity, the Customer has the right to choose between repair or replacement of the Product, unless one of these options is objectively impossible or disproportionate.

Where repair or replacement is not possible, the Customer may opt for an appropriate reduction in the price or termination of the contract, with reimbursement of the price, without prejudice to the provisions of current consumer protection legislation.

All repairs, replacements or refunds arising from the exercise of the warranty shall be free of charge for the consumer, including the necessary costs of shipping, transport, labour and materials.

The warranty period shall be suspended while the product is being repaired or replaced, and shall resume once it has been delivered back to the consumer. If the item is replaced, the new product shall inherit the remaining period of the original warranty.

Notification of damage in transit: in order to speed up the handling of incidents with the transport company, the Customer is requested, if at the time of delivery it is visibly and clearly apparent that the packaging is damaged, to indicate this on the carrier’s delivery note. Likewise, any visible damage to the Product must be notified to the Company at the email address info@motoscoot.net within 48 hours of receipt. 

7. CUSTOMER SERVICE

 For any communication, incident or complaint, the Customer may send a communication to the Company by email to info@motoscoot.net.

8. NULLITY OF CLAUSES

If any clause included in these Conditions is declared, in whole or in part, null and void or ineffective, such nullity or ineffectiveness shall affect only that clause or the part thereof which is null or ineffective, and the remaining Terms and Conditions of Contract shall remain in force.

9. NOTICES

Any notice or requirement that the parties must give in relation to the purchase of products or to these General Conditions shall be made in writing and shall be deemed to have been duly given if it has been sent to the email address that each party may indicate to the other for these purposes.

10. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Conditions shall be governed by and construed in accordance with the laws of Spain.

Any dispute arising from the application or interpretation of these conditions, as well as from the contracts existing between the parties, shall be resolved by the courts of the city of Girona, Spain, which shall have exclusive jurisdiction over any other, except as provided in the Ley General para la Defensa de los Consumidores y Usuarios if that Law is applicable. 

The Company reserves the right to make changes at any time to our website and to these General Conditions. Changes to essential elements shall not affect contracts already concluded, unless the Customer has expressly accepted the amended conditions.