Terms and conditions
1. General
The following are the TERMS AND CONDITIONS which regulate the access and use of the contents of the web page 130rhelmets.com which, together with the Sales Conditions, the Privacy Policy and Cookies Policy, constitute the “Terms and Conditions”.
The TERMS AND CONDITIONS are of general character and regulate the content and use of the Web as a whole. Nevertheless, the access and use of some specific service or Web content may require the acceptance of some terms and particulars by the User.
2. Identification of the holder of the web site
The website 130rhelmets.com belongs to and is owned by MOTOCARD BIKE, S.L. (“The Company”).
- Registered office: Calle Valencia, 511-515, Barcelona (08013).
- Telephone: +44 (0) 20 7048 6700
- E-mail address: motocard@motocard.com
- CIF: B-61643540
- Registry data: Limited Liability Company, inscribed in the Mercantile Register of Barcelona, Volume 30627, Folio 1, Page B-176551.
3. User: acceptance of the TERMS AND CONDITIONS of the Web
The user shall be understood as anyone who accesses, navigates or uses the contents and/or services which can be found in the Web at any given time. Hereinafter the user of this Web shall be referred to as the “User” or “Users”. The User who also acquires any product and/or contracts any service offered via the Web shall be known as the “Client”.
The whole of the products and services offered in the Web and which can be acquired by the User shall be known as the “Products”.
The access and use of the Web, and in its case the acquisition of any product offered therein, by the User and/or Client, implies their acceptance of the all the TERMS AND CONDITIONS with no reservations.
The contents and services offered by The Company are of a changing nature and, therefore, The Company reserves the right to modify, without prior warning, the TERMS AND CONDITIONS herein to adapt them to the new content and to adapt them to the legislation applicable at any given time. In the same way, The Company reserves the right to update, modify or eliminate the information contained in the Web, as well as that of the products offered therein and the configuration and/or presentation of its contents, at any time, and without prior warning, and without accepting any liability for doing so. In consequence, the User acknowledges and accepts the obligation of revising and fulfilling the TERMS AND CONDITIONS which are applicable at the time.
In all cases, it is assumed that the access and use of the Web and, therefore, the acceptance of the TERMS AND CONDITIONS included in the Privacy Policy and any other TERMS AND CONDITIONS of a particular nature that may be included in specific sections of services of the Web, including those that refer to the Products, is carried out by person over the age of 18 years, or, in the case of minors, these are under the due supervision of their guardians or legal representatives.
4. Access to the Web and the contents reserved for registered Users
Access to the Web is open and free. Registration is not required to access its contents. Nevertheless, the User might be required to register in order to enter comments in the sections specifically dedicated to this purpose, as well as for the acquisition of the Products offered therein. Also, it may be necessary that the User facilitates personal data when they freely wish to make use of any of the services offered that thus require it.
All the data that the User facilitates in any of the sections found within the Web will be subject to The Company’s Privacy policy.
Under all circumstances, when the User opts to register themselves in any of the sections or services offered in the Web, they agree to provide the information required, which will be true and lawful.
In the event that The Company provides the User with a password, being chosen or not by the User, the latter agrees and undertakes to make exclusive use of it and to keep it private, with the due diligence to keep it and avoid it getting in to the hands of third parties who might supplant their identity, exempting The Company from any illegitimate use of it as a consequence of the noncompliance with this duty.
In the event that the User detects that a non-authorised use has been made of their password or knows that it has been lost, they agree to immediately notify The Company of the corresponding incident via, in the event, the links specifically destined for this purpose in the Web and/or the e-mail address motocard@motocard.com.
In no case will The Company be liable for the use made of the password by non-authorised third parties or for the loss of the password by the User.
5. User Register
The User has the option of registering in the Web by following the procedure described below. First, create a new account or, to access a pre-existing account, the user must select the button or link “ENTER YOUR ACCOUNT”.
In the event that they already have an account, the User must introduce their e-mail and corresponding password in order to access it in the section “ENTER YOUR ACCOUNT”. Otherwise, the User that wishes to create an account must select the button “CREATE ACCOUNT”. If the User has a social media account such as Google, they may create an account by directly importing the data from their social media account by selecting the corresponding option, namely: (i) Enter with Google.
By selecting the option create an account, the User must fill out a form entering the information required (name, surname, e-mail and password). Similarly, the User may authorise The Company to send their marketing information by marking the option “Yes, I would like to receive information from Motocard”. Otherwise, you must unmark this option. Finally, to terminate the creation of the account, the User must select the option “CREATE ACCOUNT”.
Once this process has been completed, the User will be registered in the Web and will have their own account.
The registered User can access at any time a control panel from where they will be able to manage and review and, in the event, update the information provided previously, by accessing the following sections: (i) Data and addresses, (ii) change password, (iii) orders in process, (iv) order history, (v) orders pending, (vi) returns, (vii) my subscriptions y, (viii) close session.
6. Use of the Web, its contents and services
The User of the Web agrees to make use of it and its contents and services in compliance with the TERMS AND CONDITIONS and, in the event, with the particular conditions that are applicable, as well as respecting and fulfilling the law at all times and any other current legal disposition or regulation applicable at any given moment.
It is forbidden to use and access the Web via any application, computer programme or analogue system which may harm or hinder its normal functioning, including the alteration, elimination or blocking of the contents or services offered, or of any other mechanism that may affect them, especially those which could lead to the deprivation of access and use of the Web, or of any part of it, by third parties.
Access to the Web is equally forbidden via programmes or other computer mechanisms which, voluntarily or involuntarily, could lead to an overload of the resources used by The Company in order to maintain the Web accessible to the public and/or which allow non-authorised access to sections of the Web not accessible to the general public or to the computer system wherein it is housed, and/or that could introduce virus or other malicious software or scripts which cause errors in the aforementioned computer system or in the functioning of the Web itself.
In all respects, the User agrees to make a suitable use of the contents and services of the Web, especially in relation to any section where they are allowed to participate, where the principals of good faith and respect towards others, The Company and any third party will govern equally. The Company rejects any liability which may derive from the exchange of information between Users via the Web. Similarly, The Company is not liable for the access and use that minors may make of the contents and services offered in the Web.
In all respects, The Company reserves the rights, under their sole criteria and under any circumstance, to cancel, eliminate or prohibit the use of any or all of the services of the Web to any User, when this User may have made an incorrect or undue use of the Web, contrary to that laid out in these TERMS AND CONDITIONS or, when applicable, to the particular conditions of each service, the Law applicable at any given moment.
Information of the Products: The descriptions of the different Products are based on the information and documentation provided by their respective manufacturers and/or distributors.
Nevertheless, the photographs, descriptions, evaluations and other contents found in the Web are included for illustrative purposes and to provide the User with further information, without this representing, under any circumstances, a particular recommendation by The Company or that the Product contracted is exactly identical to that of the images, and therefore, the Products represented may present some difference and/or the use represented may not be that most suitable for the pretensions of the User and/or Client.
All the Products of the Web are marketed in and from Spain, independent to the place of delivery, nationality and billing address of the buyer. In this regard, all the Products marketed comply with the applicable regulation current in the country of marketing, including all the corresponding homologations required in Europe, as indicated in the certifications identified for each one of the Products.
It is the sole responsibility of the User buying any Product from the Web to verify that (i) the Product is suitable for the use for which the User intends it (i.e. active use, collectors’ item, etc) and, (ii) that the Product complies with all the regulatory requisites demanded for its use at the site intended by the User. In particular, the Company makes no representation that the Website or Products are appropriate or available for use in locations outside Europe. Users who access the Website from outside Europe do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws
In consequence, the User accepts that they are solely responsible for any use made of the Product acquired different to that recommended by the manufacturer and of the regulations that could be of application in their territory.
Under all circumstances, The Company informs that the proposition or recommendation of the use of a Product marketed in the Web for the practise of any activity, is solely for illustrative and informative purposes, there may be certain reservations and incompatibilities when these are used outside the Spanish territory, which is why under no circumstances The Company guarantees the suitability or adequacy of the Product for the practise of a particular activity different to that expressly foreseen and never when this is performed outside the Spanish territory.
The motorcycle sports in all variants as using normal displacement motorcycles are activities considered dangerous and can cause serious injury. It is your responsibility to be technically trained to use the materials distributed by the Company. Therefore, the customer agrees not make the Company accountable for any damages that the use or misuse of the Products sold here may cause you in any place or situation.
The responsibility of the Company regarding any product purchases on this website will be strictly limited to the price of the Product, and will not cover small errors or omissions that may take place when all the necessary precautions have been adhered to.
The Company will not be held responsible for damages, whether they be material or unmaterial, that may result from misuse of a Product. The Company will not be held responsible for any indirect damages, operating loss or unemployment suffered by the customer or third party, even if said damage, loss or setback may have been foreseen by the Company or have been placed in their knowledge. Subject to the implications of the preceding paragraphs, the financial responsibility of the Company according to the current general conditions cannot exceed that of the total amount paid upon purchase.
7. Intellectual and Industrial Property
“Motocard” is a brand registered in Europe with the number 011997401. In consequence, the use of the name or any sign which could lead to confusion as regards the holder or origin by third parties, without prior, written authorisation of The Company, is expressly forbidden. Similarly, the web page 130rhelmets.com is a registered domain belonging to The Company, and a similar form or with other extensions cannot be used unless with express, prior and written authorisation from The Company, when their aim is to offer products or similar services to the Products marketed by The Company with the aim of avoiding, amongst other things, the risk of creating confusion between the consumers and users as regards the origin of the products and/or services consumed and/or acquired.
All the Intellectual and Industrial property rights of the contents of the Web (“Intellectual and Industrial property rights”), including the images and videos, the texts, designs, applications, programmes, code, etc., are exclusive property of The Company or they are duly authorised by the legal holder to make use of them.
The whole or partial reproduction of the Web, or its contents, is expressly forbidden without express, prior and written authorisation from The Company. In the same way, copying, reproduction, adaptation modification, distribution, commercialisation, or any other action which entails or may entail an infraction of the current Spanish and/or international regulation as regards Intellectual and/or Industrial property rights is forbidden.
Therefore, all reproduction, distribution or public communication or total or partial transformation of any content found on the Web is expressly forbidden, without express and written authorisation from The Company. Notwithstanding the foregoing, various contents or services of the Web may specify some TERMS AND CONDITIONS of use which may be more or less restrictive; these prevail over the Terms and Conditions, as regards the content and/or services affected by the same.
The Company only authorises referencing the contents which appear in the Web on other web pages or communications, always when these webs or communications maintain the principals of good faith and respect and completely fulfil the current legislation and the rest of the Terms and Conditions, especially those referring to the prohibition of the reproduction of the contents shown in the Web, with aims different to those permitted under these Terms and Conditions, without the express prior and written authorisation The Company.
8. Links to web pages or third party contents
The Company informs the User that the Web could include contents and/or links to third party web pages.
The Company is not liable for the contents, services, scripts, functionalities and other technical conditions that the User might find outside the Web which may be accessible via links found inside the Web. These links have a merely informative nature for the User and they are free to follow them solely on their own criteria. Under no circumstances could it be considered that The Company manifests an approval, opinion or any other manifestation as regards the contents, products, services, etc. that may be found in the destination of the aforementioned links outside the realm of the Web. In the same way, and even though The Company establishes some type of control system for contents directly entered by the Users in the spaces destined for expressing evaluations of the Products, The Company does not identify with nor is liable for the content and form of these, limiting itself to perform greater efforts to avoid that these contents do not infringe these Terms and Conditions, those which particularly apply in this case, as well as any other applicable rule, including that of moral and public order.
9. Limited Liabilities and Warranties
The Company undertakes to dedicate their greatest efforts to keep the functionality of the Web in optimum conditions of use, as well as avoid errors of the server, programming and contents and services offered in the Web. Nevertheless, The Company does not accept any liability as regards eventual errors, failures or technical problems that may occur or appear and, therefore, does not guarantee the full functionality, nor the contents and/or services offered by the Web.
Notwithstanding the foregoing, The Company guarantees that the Web does not voluntarily have malware, virus or other scripts or programmes of a malicious nature and agrees to inform, via the Privacy policy, of all use of application and other programmes, scripts, etc., which gather data about the User that could later be subjected to treatment.
The Company informs the User that various contents and/or services offered in the Web could be provided by third parties and that, therefore, in order to access these, the User must accept their TERMS AND CONDITIONS (of the third party). In any case, the User releases The Company from any liability as regards all those questions linked to the contents and/or services of third parties which are expressly identified as such (e.g.: Criteo, validation by Twitter, Facebook, etc.).
The Company may mention, remit and show manifestations, publications and other information or graphic or audio visual material from third parties, the veracity, rigour, opinion and quality of which they are not liable for.
In any event, The Company is not liable for the damages that may be caused by the discontinuity of the services, contents and functionality of the Web, as well as for any other anomaly that the Web may present, including virus, malware, scripts and malicious software which result from the non-authorised interference from third parties or from authorised third parties that are victims of interferences for other third parties.
As regards the Clients, these accept to treat The Company as a mere dealer of the Products, with the exception of those products and/or services in whose description they are expressly identified as the manufacturer or service provider. As a consequence, the Client agrees to directly address the manufacturer or service provider for all those questions that are beyond the obligations assumed by The Company in these Terms and Conditions, as well as those foreseen by the applicable regulation.
10. Access security
Access to payment pages via the services TPV, Paypal or any other offered in Web, are made via a secure line managed by and responsibility of the services providers of the payment service chosen by the User/Client.
For further information, see the section PAYMENT METHODS.
11. Miscellanea
The TERMS AND CONDITIONS contain the whole of the TERMS AND CONDITIONS between the User and The Company as regards the contractual object.
The User will always have the TERMS AND CONDITIONS in a visible and easily accessible site within the Web. It is the responsibility of the User to carefully read the TERMS AND CONDITIONS current at any given time, as a prior and indispensable step to the use of and/or acquisition of Products via the Web.
In the event that any of the provisions of the TERMS AND CONDITIONS were to be declared invalid or unenforceable, the invalidity or unenforceability of said provision will not affect the rest of the provisions, which will conserve their strength and vigour. Those invalid or unenforceable provisions will be substituted by valid and enforceable provisions which will, in the best way possible, achieve the objectives of the invalid or unenforceable provisions.
The lack or delay in the exercise of a right or power conferred by the TERMS AND CONDITIONS will never imply the waiver of this right or power by the holder, nor will it imply a modification of the Terms and Conditions, even if this lack or delay in the exercise of a right or power occurs on one or more occasions. In all cases, a waiver to a right or power or modification of the TERMS AND CONDITIONS will only be effective when this has been effected via a document signed by the withdrawing party or by a person with sufficient capacity to act on their behalf.
12. Applicable law and jurisdiction
Any question relative to the interpretation, fulfilment and/or validity of the TERMS AND CONDITIONS and/or the particular conditions applicable in each case, that may arise between the User and The Company shall be analysed in accordance with the TERMS AND CONDITIONS themselves and the particular conditions in the first place, and in second place, in accordance with Catalan Law and, subsidiarily, in accordance with the Spanish normative, which are applicable at a given time.
In the event of conflict between the User and The Company which arises from and/or is linked and/or related to the Terms and Conditions, the parts expressly agree to submit to the Jurisdiction of the Courts of Law of the City of Barcelona, and/or those corresponding to the domicile of the consumer.
13. Suggestions, comments, complaints and claims
Your comments and suggestions will be well received. We ask you to send us these comments and suggestions, as well as any other consultation, complaint or claim, through our contact routes:
via electronic mail: motocard@motocard.com
via the contact section of the web available here
via post to Motocard Bike S.L. Calle Valencia, 511-515, Barcelona (08013) Spain
On the other hand, for our customers, here is the link to the European Commission Platform ( https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN), in accordance with the Regulation on ODR for consumption that contemplates that the merchants established in the UE that celebrate sales contracts or provide services online should provide the electronic link to the online Dispute Resolution platform.
