TERMS OF SALE
Please read these terms carefully before using or purchasing through ktmsiebla.com (hereinafter, the “Website”). By starting a purchase process, you agree to be bound by these terms.
Motos Siebla S.L.U. (hereinafter, interchangeably as “Motos Siebla” or “we”) offer you information service functions, purchases, and other products and services, if any, when you visit or purchase on the Website. The provision of online sales or e-commerce services by Motos Siebla will be carried out under the conditions established on this page.
These conditions of sale apply to all sales procedures established between the seller/professional and the client/consumer.
I. CONTRACT
These conditions, once the order has been initiated and confirmed, will constitute the basis of a distance sales contract (by electronic means) between the buyer or consumer, and the seller or producer, and they will be governed by the will of the parties and by the applicable provisions of Royal Legislative Decree 1/2007 approving the revised text of the general law for the protection of consumers and users (hereinafter, “TRLGDCU”), and Law 34/2002 on information society services and electronic commerce (hereinafter, “LSSICE”) - without prejudice to other legal texts that may be applicable.
In the event that the USER completes the order of a product, we will send you a message confirming receipt of your order, which may be followed by a second message detailing the shipping conditions. (availability, date and price), the final amount of the order, and the possibility of exercising your right to withdraw, cancel the order, or modify it.
Under these terms, the USER agrees to receive invoices for their purchases electronically, in PDF format; which will be sent in the first confirmation message of receipt of the order. However, if you wish, you may contact us to receive your invoice in a different format, paper, telephone. (Tel: 952 77 39 68)
II. IDENTIFICATION OF THE PARTIES
As producer, provider of electronic commerce services, and seller, the company Motos Siebla S.L.U. with registered office in Marbella (Málaga), Avda. Ricardo Soriano, number 51, and registered in the Mercantile Registry of Malaga, volume 5220, folio 164, page number MA-121145, entry 1 and with CIF B93298784, hereinafter referred to as Motos Siebla.
As a user of the e-commerce services and a consumer in the buying and selling process, at home, the natural person or end customer who purchases the services or products –hereinafter referred to as the “USER”-.
III. RIGHT OF WITHDRAWAL
The USER, by virtue of his rights as a consumer and user, under the applicable regulations, has the right to withdraw from this contract within a period of 14 calendar days without the need for justification, understanding as the first day for the beginning of the calculation the day on which the order or last item was actually received by the USER, from 00:00 hours of the same; and as the last day the fourteenth day until 23:59 hours of the same. After the fourteenth day, and beginning of the fifteenth (at 00.00 hours), the withdrawal period will be deemed to have expired, and therefore you will not be able to exercise your right.
In order to exercise the right of withdrawal, it will be necessary for the USER to notify us of his/her intention to withdraw from the contract by means of an unequivocal declaration, by means that allow verification of the sending and receipt of the same, such as email, fax, postal mail - sent to the addresses listed in the form. To do so, you may use the withdrawal form, provided for in the section: Modelo de derecho de desistimiento. In any case, we will send confirmation of receipt of the withdrawal notification, by electronic means and by the alternative means that you have used. This, without prejudice to subsequent communications regarding the withdrawal process.
The right of withdrawal will be deemed to have been exercised by communicating its exercise before the expiration of the period indicated for this purpose in the first paragraph of this section. This right applies to all products purchased in our online store, including electrical equipment, under the following conditions. (See link)
Consequences of withdrawal:
If the USER exercises his right to withdrawal, he will be reimbursed for all payments made in respect of the sale from which he withdraws, previously concluded between the USER and Motos Siebla. Delivery costs are understood to be included in the reimbursement (with the exception of those additional costs for choosing a delivery method other than the least expensive one, typically referred to as the “ordinary delivery method”).
Said reimbursement will be made without any undue delay and, in any case, no later than within a maximum period of 14 calendar days from the date on which we are informed of your decision to withdraw from this contract – understanding the start of the period to be 00:00 hours on the day following your notification and the end of the period to be 23:59 hours on the fourteenth day. The refund will be made using the same payment method that was used to make the initial payment, unless otherwise indicated in your communication of withdrawal - this will not entail any additional costs on your part.
During the same period, mentioned in the previous paragraph, the USER is obliged to deliver the goods received to us, either by shipping or direct delivery to our facilities - if preferred. Said return must be sent to Calle Carbón, 38, Local 1, 29603 Marbella, Málaga, or delivered directly and in person to the address indicated above. The shipping costs incurred for the return of the goods will be paid by the Consumer. In the event that, due to their nature, the goods cannot be sent by ordinary mail or parcel, we will be responsible for collecting them from the USER's address, with the Consumer assuming said cost.
IV. PRICES
The prices on the Website include VAT, but exclude shipping costs, which will be added to the total amount, prior to the USER confirming the order.
We advise that the prices shown on the Website may be affected by variations; however, the prices that appear in orders placed and that we have already confirmed will not be modified, through our order confirmation communication.
V. AVAILABILITY AND DELIVERY
Availability
The products that appear on the Website, and those that the USER has selected for their order, are subject to availability at the time of order confirmation, as well as existence in our stock.
Therefore, every order is subject to the availability of the products contained therein, so that, if it is impossible for us to meet the request for a certain product, the amount paid for the order of the same will be refunded by the same payment method that was used to make the initial payment.
Delivery
Likewise, the delivery of the order placed is subject to the availability of the products, or to the existence of the same in our stock. In the event that one or more products are not in stock at the time of placing the order, their potential availability will be reported through our suppliers and they will be delivered separately to the address and person indicated within the estimated delivery time. Similarly, if the product is subject to customization, its delivery time will be longer than that of products not subject to customization.
The delivery time of the products will depend on the shipping method selected, and its availability or customization options. This time will be communicated to the USER in a second email different from the order confirmation. Delivery will not be made after THIRTY (30) days from the moment the order was confirmed.
In the event that delivery is impossible within the estimated time, the USER will be informed of this and will have the option of continuing with the order or cancelling it, with the amounts paid for the order being reimbursed. Please note, in any case, that we do not make home deliveries on Saturdays or Sundays.
Delivery will be considered to have been made from the moment in which the last good, part or replacement has been delivered by the carrier to the USER, or the moment in which a third party, authorised and indicated by you, has taken effective possession of the ordered products under the same conditions. Delivery will be confirmed by the signed confirmation of receipt to the carrier.
If we are unable to deliver your order, we will try to find a safe place to leave it, unless the USER indicates otherwise, in which case if it cannot be received by anyone trusted by the USER, it will return to our warehouses and a communication will be sent indicating such event, along with instructions on how to re-deliver the order.
After 14 days have passed without the order being delivered or remaining in our warehouses without a claim by the USER, we will understand that the USER has withdrawn from the contract, and it will be considered resolved with the effects that this entails - return of the price paid, and non-delivery of the requested items.
VI. PAYMENT
Once the USER has selected the products they wish to purchase, these will be added to the basket where they will be able to find the prices without taxes included, and with taxes, as well as the prices with and without any discounts applicable at the time of purchase. The total price will be shown as a sum of the individual prices with taxes and discounts for each product, to which the shipping costs will be added (and if not applicable, the rest of them immediately after).
Once the total price of the order to be made by the USER has been reviewed, the order may be accepted by clicking the button for the selected payment method, by which you will accept the total price and conditions detailed on this page.
For the payment of our orders we accept the following payment methods:
- Debit/credit card (Visa, Mastercard, American Express, Delta, Laser, etc.) (REDSYS)
- Pay-Pal
- Bank transfer
VII. PRODUCT INFORMATION
To ensure a satisfactory purchase, we take care to add all the information available to us to each product. This information can be found in the title or general description of the product. However, be sure to read more details about it in the “MORE INFO” section to obtain all the details you may need.
Remember that Motos Siebla is not the manufacturer of the products, so the characteristics, materials or instructions for use may vary from those described on the Website.
VIII. RETURNS AND WARRANTY
Remember that Motos Siebla is not the manufacturer of the products.
Returns
Motos Siebla is not responsible for returns that the USER wishes to make due to an error when selecting the product, outside the withdrawal period mentioned in paragraph “III. - Right of withdrawal” of these conditions.
In this way, we will only be responsible for those returns that have as their origin a defect or malfunction of the product purchased by the USER. The return in these cases must be made of the same product purchased, being it in the same conditions in which it was delivered, that is, new, complete, unused and in its original packaging.
Once the return is made in the above terms, the USER will have the right to receive the amount paid.
EXCEPTIONS. - Products that are not in compliance with the above conditions or that, otherwise, after being attached as a piece to another item, become an integral part of it, cannot be returned. Products that have been subjected to a personalisation process - such as engravings, monograms, embroidery or embossing - cannot be returned either.
A) HYGIENE PRODUCTS RETURNS POLICY
For reasons of hygiene and safety, some products in our store cannot be returned if they have been used or show signs of use after receipt. In these cases, no exchanges or returns will be accepted, except if the product has a manufacturing defect. Products affected by this policy include, but are not limited to:
Motorcycle helmets
Bandanas, scarves or handkerchiefs
Intimate clothing and accessories
Exceptions
If the customer tries the product and determines that it does not fit or is not to their liking, they may request a return as long as:
The product has not been used beyond a mere test.
The product retains its original packaging in good condition, with no signs of improper handling.
The product is clean and in perfect condition to be resold. If a product is found to have been used or tampered with, it will not be possible to return it, and the product will be returned to the customer (return shipping costs to be borne by the customer).
Return process
To request a return of products affected by this policy, the customer must contact our customer service within 14 calendar days of receiving the product, providing photos or documentation proving the condition of the item. The team will evaluate the case and provide a response within 48 hours.
B) ELECTRICAL EQUIPMENT RETURNS POLICY
RIGHT OF WITHDRAWAL
In accordance with the General Law for the Defence of Consumers and Users (RDL 1/2007), customers have the right to withdraw from their purchase within a period of 14 calendar days from receipt of the order, with the exceptions detailed below. This right applies to all products purchased in our online store, including electrical material, under the following conditions:
RETURN CONDITIONS FOR ELECTRICAL MATERIAL
Unused material: Electrical material may be returned if it is in its original condition, without having been used or installed, and must include its original packaging in perfect condition.
Used or installed material: Returns will not be accepted of electrical material that has been installed or used, since these products, having been manipulated, may have suffered damage that affects its functionality or safety.
Original packaging: In order for the return to be accepted, it is mandatory that the product retains all its original packaging, including original protections, labels, and accessories.
Exceptions: The following products cannot be returned:
- Custom-made or personalized electrical products.
- Unsealed electrical products that, for reasons of hygiene or safety, are not suitable for return (for example, cables or components for personal use).
Motos Siebla is not responsible for returns that the USER wishes to make due to an error when selecting the product, outside the withdrawal period mentioned in paragraph “III. - Right of withdrawal” of these conditions.
In this way, we will only be responsible for those returns that have as their origin a defect or malfunction of the product purchased by the USER. The return in these cases must be made of the same product purchased, being it in the same conditions in which it was delivered, that is, new, complete, unused and in its original packaging.
Once the return is made in the above terms, the USER will have the right to receive the amount paid.
EXCEPTIONS. - Products that are not in compliance with the above conditions or that, otherwise, after being attached as a piece to another item, become an integral part of it, cannot be returned. Products that have been subjected to a personalisation process - such as engravings, monograms, embroidery or embossing - cannot be returned either.
ELECTRICAL EQUIPMENT RETURNS POLICY
RIGHT OF WITHDRAWAL
In accordance with the General Law for the Defence of Consumers and Users (RDL 1/2007), customers have the right to withdraw from their purchase within a period of 14 calendar days from receipt of the order, with the exceptions detailed below. This right applies to all products purchased in our online store, including electrical material, under the following conditions:
RETURN CONDITIONS FOR ELECTRICAL MATERIAL
Unused material: Electrical material may be returned if it is in its original condition, without having been used or installed, and must include its original packaging in perfect condition.
Used or installed material: Returns will not be accepted of electrical material that has been installed or used, since these products, having been manipulated, may have suffered damage that affects its functionality or safety.
Original packaging: In order for the return to be accepted, it is mandatory that the product retains all its original packaging, including original protections, labels, and accessories.
Exceptions: The following products cannot be returned:
- Custom-made or personalized electrical products.
- Unsealed electrical products that, for reasons of hygiene or safety, are not suitable for return (for example, cables or components for personal use).
XII. WAIVER
In the event of non-compliance by the USER, we reserve the right to exercise at any time, within the legal time limits provided, any legal action or claim against the USER for non-compliance.
XIII. MINORS
The products found on the Website are not suitable for use by minors; in no case is our intention to sell products to minors.
In any case, it is required that the USER is in full use of his or her capacities at the time of placing the order or purchase.
XIV. APPLICABLE LAW AND COMPETENT JURISDICTION
The signing parties agree to submit to the Courts and Tribunals of Spain, expressly waiving any other jurisdiction, if applicable, in the event of litigation arising from the interpretation, execution or termination of this Agreement, which shall be resolved in accordance with the applicable provisions of Spanish law.
XV. CONTACT
The sale of items through this website is carried out under the name ktmsiebla.com
- Postal address: Avda. Fátima 16, 29009, Málaga
- Email: info@ktmsiebla.com
- N.I.F.: B93298784
- Telephone: 952 30 97 72
VERSION 1.0
LAST UPDATE: JANUARY 22, 2018