1. GENERAL INFORMATION
The ownership of this website www.arnrally.com, (hereinafter Website) is held: Eric Llansa de Julián, with NIF: 47725212M, and whose contact details are:
Contact phone: +34644725901 Contact email: info@arnrally.com
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.arnrally.com) and the purchase or acquisition of products and/or services therein (hereinafter, Terms).
For the purposes of these Conditions, it is understood that the activity carried out by ARN Rally through the Website includes:
Commercialization of competition products aimed at the control of navigation elements used in motorcycling and motor racing.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of ARN Rally. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Terms and all of the above, so if you do not agree with all of this, you should not use this Website.
We are also informed that these Terms and Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, as those that are in force at the time the purchase of products and/or services are requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
Access, browsing and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so that all the Conditions established herein, as well as their subsequent modifications, are accepted, from the moment browsing the Website begins, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
• Use this Website solely for the purpose of making inquiries and purchases
or legally valid acquisitions.
• Do not make any false or fraudulent purchases. If it is reasonably could be deemed to have made such a purchase, it could be cancelled and the relevant authorities would be informed.
• Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data (see Legal Notice and
General Terms and Conditions of Use).
The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.
The Website is primarily aimed at Users residing in Spain. ARN Rally does not guarantee that the Website complies with the laws of other countries, either in whole or in part. ARN Rally declines all liability that may arise from such access, nor does it ensure shipments or provision of services outside Spain.
The User may, at his/her option, enter into a contract with ARN Rally for the sale of the desired products and/or services in any of the languages in which these Terms and Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of www.arnrally.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “Buy”
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data may be modified.
Subsequently, the User will receive an email confirming that ARN Rally has received their order or request for purchase and/or provision of the service, i.e. the order confirmation. And, if applicable, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through their personal space connected to the Website.
Once the purchase procedure has been concluded, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where appropriate, through their personal space connecting to the Website. Likewise, the User may, if they wish, obtain a copy of their paper invoice, by requesting it from ARN Rally using the contact spaces on the Website or through the contact details provided above.
The User acknowledges that he/she is aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown together with the presentation or, where appropriate, image of the product and/or service on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, manner in which they will be performed and/or cost of services; and recognises that the placing of the purchase or acquisition order materialises the full and complete acceptance of the particular conditions of sale applicable to each case.
Communications, purchase orders and payments involved during transactions carried out on the Website may be archived and kept in the computerised records of ARN Rally in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard. and in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December 2018 on the Protection of Personal Data and Guarantee of Digital Rights, and the rights of Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by ARN Rally through the Website are subject to the availability of the products and/or to the fact that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. If there are difficulties in the supply of products or there are no products left in stock, ARN Rally undertakes to contact the User and refund any amount that may have been paid as an amount. This will also be
applicable in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by law, especially in relation to VAT.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, ARN Rally carries out delivery and/or shipping services through: Correos.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but any changes will not affect orders or purchases in respect of which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, PayPal, and Bank transfer
ARN Rally uses all means to ensure the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards will be subject to checks and authorisations by the bank issuing them, if said entity does not authorise payment, ARN Rally will not be responsible for any delay or non-delivery and will not be able to formalise any contract with the User.
Once ARN Rally receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent the confirmation of shipment and/or confirmation of the service provided in the manner and, where appropriate, place established.
If the means of payment is PayPal, the charge will be made at the time when ARN Rally sends a confirmation of the purchase order or acquisition of products and / or services to the User.
In any case, by clicking on “Buy” the User confirms that the payment method used is his/her own.
Purchase or acquisition orders in which the User selects bank transfer as a means of payment will be reserved for 5 calendar days from the confirmation of the order in order to allow enough time for the bank transfer to be taken into account by the payment system used by ARN Rally for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
By means of this payment method, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, ARN Rally will not be able to validate the order, which will be cancelled.
6. DELIVERY
In cases where it is necessary to make the physical delivery of the contracted goods, deliveries will be made within the scope of the following territory: Worldwide
Except in those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, In any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If, for any reason attributable to it, ARN Rally is unable to meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it proves impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to get it delivered again.
If the User is not going to be at the delivery location in the agreed time slot, he/she must contact ARN Rally to arrange delivery on another day.
In the event that 30 days have elapsed since their order is available for delivery, and it has not been delivered for reasons not attributable to ARN Rally, ARN Rally will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a result of the termination of the contract, all payments received from the User will be refunded to the User, with the exception of any additional costs resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to have been terminated.
However, the User must bear in mind that the transport resulting from the resolution may have an additional cost that may be passed on to the User.
For the purposes of these Terms and Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires physical possession of the products, which shall be evidenced by the signature of receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when ARN Rally receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after the full receipt of the amount to be paid by ARN Rally.
In accordance with the provisions of Law 37/1992, of 28 December, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify the same by contacting ARN Rally through the contact spaces provided on the Website, and, where appropriate, through those authorized to contact customer service, and/or by using the contact details provided in clause one (General Information). Likewise, this information may also be corrected by the User through their personal space connected to the Website.
In any case, the User, before clicking on “Buy”, has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right to rectification in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of this data (GDPR) and in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In cases in which the User acquires products on or through the Owner’s Website, he/she has a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired physical possession of the goods purchased on the ARN Rally Website or, in the event that the goods that make up their order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired physical possession of the last of those goods comprising the same purchase order, or in the case of a service contract, within 14 calendar days from the day the contract was concluded.
To exercise this right of withdrawal, the User must notify ARN Rally of his/her decision. You may do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means chosen to communicate his/her decision, must clearly and unequivocally state that it is his/her intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that ARN Rally makes available as an annex to these Conditions, however, its use is not mandatory.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the corresponding period.
In the event of withdrawal, ARN Rally will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a delivery method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which ARN Rally is informed of the decision to withdraw by the User.
ARN Rally will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, ARN Rally may withhold such refund until it has received the products or items of purchase, or until the User presents proof of the return of the same, whichever condition is met first.
The User may return or send the products to ARN Rally at: Av. Estatut, 211, bajos 3, 08191, Rubí (Spain) And it must do so without any undue delay and, in any event, no later than 14 calendar days from the date on which ARN Rally was informed of the decision to withdraw. The User acknowledges that he/she must assume the direct cost of returning (transport, delivery) the goods, if any is incurred. In addition, it will be liable for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; CDs/DVDs of music or video without their packaging, as factory sealed; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; Provision of digital content without physical support. In the same sense, the provision of a service that the User may contract on this Website is governed, since this same Law establishes that the Right of Withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgement by them that they are aware that, once the contract has been fully executed by ARN Rally, you will have lost your right of withdrawal. In any case, no refund will be made if the product has been used beyond the mere opening of the product, products that are not in the same condition in which they were delivered or that have suffered any damage after delivery. Likewise, the products must be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice. You can download the Model Withdrawal Form at the following link: www.arnrally.com/formulariodesistimiento
Returning Defective Products or Shipping Error
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the stipulations of the contract or purchase order, and that, therefore, they should contact ARN Rally
immediately and inform you of the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, whether the refund or, where appropriate, the replacement of the same is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully refunded, including the delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times will always be applied to the User, as consumer and user.
Guarantees
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, ARN Rally responding, therefore, for the lack of conformity of the same that manifests itself within a period of three years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by ARN Rally and possess the qualities presented therein; are fit for the uses to which products of the same type are ordinarily intended; and present the usual quality and performance of a product of the same type and are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products marketed on the Website may have non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and will not be a defect.
On the other hand, it may be the case that the User acquires a product of a brand or manufacture by a third party on the Website. In this case, and considering that the User is dealing with a defective product, the User also has the possibility of contacting the brand or manufacturer responsible
of the product to find out how to exercise your legal warranty right directly against them during the three years following the delivery of such products. To this end, the User must have kept all information in relation to the warranty of the products.
9. DISCLAIMER
Unless otherwise provided by law, ARN Rally will not accept any liability for the following losses, regardless of their origin:
• any losses that were not attributable to any breach by you;
• business losses (including loss of profits, revenues, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was entered into between the two parties.
Likewise, ARN Rally also limits its liability in the following cases:
• ARN Rally implements all measures concerning the provision of a display of the product on the Website, however it is not is responsible for any minor differences or inaccuracies that may be exist due to lack of screen resolution, or browser that is used or others of this nature.
• ARN Rally will act with the utmost diligence in order to make available to the company in charge of transporting the object product of the purchase order. However, it is not liable for damages arising from a malfunction of transport, especially due to causes such as strikes, traffic jams, and in general any other causes specific to the sector, which result in delays, losses or theft of the product.
• Technical failures that, due to fortuitous or other causes, prevent a Normal operation of the service over the Internet. Lack of availability of the Website for maintenance or other reasons, which prevent the service from being available. ARN Rally puts all the means at your disposal. It is not limited to the scope of carrying out the process of purchase, payment and shipping/delivery of the products, however, it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
• ARN Rally will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, RNA Rally will also not be held responsible for an erroneous return made by the User. It is the User’s responsibility to return the product correct.
• In general, ARN Rally will not be liable for any breach or delay in the fulfilment of any of the obligations assumed, when it is due to events that are beyond your control reasonable, i.e. due to force majeure, and this may include, but are not limited to: or Strikes, lockouts or other industrial action. or Civil commotion, riot, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war. or Fire, Explosion, Storm, Flood, Earthquake, Subsidence, epidemic or any other natural disaster. or Impossibility of using trains, ships, planes, transport of motor or other means of transport, public or private. or Inability to use public or private telecommunications. or Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the force majeure event continues, and ARN Rally will have an extension in the period to comply with them for a period of time equal to the duration of the force majeure event. ARN Rally will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, the User agrees that most communications with ARN Rally will be electronic (e-mail or notices posted on the Website).
For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notices, information and other communications that ARN Rally sends electronically comply with the legal requirements of being in writing. This condition shall not affect the User’s statutory rights.
The User may send notifications and/or communicate with ARN Rally through the contact details provided in these Terms and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, ARN Rally may contact and/or notify the User at their email or postal address provided.
11. WAIVER
No waiver by ARN Rally of any particular legal right or remedy or the failure of ARN Rally to require the User to strictly comply with any of the
Its obligations shall not constitute a waiver of any other rights or remedies arising from a contract or the Terms, nor shall it exonerate the User from the performance of its obligations.
No waiver by ARN Rally of any of these Terms or of the rights or remedies arising from a contract shall be effective, unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
12. NULLITY
If any of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by such declaration of nullity.
13. ENTIRE AGREEMENT
These Terms and Conditions and any document expressly referred to in these Terms constitute the entire agreement between the User and ARN Rally in relation to the subject matter of the sale and replace any previous covenant, agreement or promise agreed orally or in writing by the same parties.
The User and ARN Rally acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
The personal information or data that the User provides to ARN Rally in the course of a transaction on the Website will be processed in accordance with the provisions of the Privacy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is true.
15. GOVERNING LAW AND JURISDICTION
Access, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.
Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between ARN Rally and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may send ARN Rally any complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Terms and Conditions (General Information).
In addition, ARN Rally has official complaint forms available to consumers and users, which they can request from ARN Rally at any time, using the contact details provided at the beginning of these Terms and Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between ARN Rally and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.