TERMS OF SALE
Please read these terms and conditions carefully before using or making a purchase through polarisaccesorios.com (hereinafter, the “Website”). By initiating a purchase process, you agree to be bound by these terms and conditions.
Motos Siebla S.L.U. (hereinafter, interchangeably, “Motos Siebla” or “we”) offers you information services, purchasing features, 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 terms and 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. These terms and conditions are governed by the will of the parties and by the applicable provisions of Royal Legislative Decree 1/2007, which approves the revised text of the General Law on Consumer and User Protection (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 for 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 of withdrawal, cancellation of the order, or modification thereof.
Under these terms, the USER agrees to receive invoices for their purchases electronically, in PDF format; these will be sent in the first order confirmation message. However, if you wish, you may contact us to receive your invoice in a different format (paper or by phone). (Tel: 952 77 39 68)
II. IDENTIFICATION OF THE PARTIES
As producer, e-commerce service provider, 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 Málaga, volume 5220, folio 164, sheet number MA-121145, entry 1 and with C.I.F. B93298784, hereinafter referred to as Motos Siebla.
As a user of the electronic commerce services, and consumer in the purchase and sale process, in your home, the natural person or end customer who acquires the services or products –hereinafter referred to as the “USER”-.
III. RIGHT OF WITHDRAWAL
The USER, by virtue of their rights as a consumer and user under applicable law, has the right to withdraw from this contract within a period of 14 calendar days without providing any justification. The first day for the calculation of the contract is the day on which the order or last good was actually received by the USER, from midnight on the same day; and the last day is the fourteenth day until 11:59 p.m. on the same day. After the fourteenth day, and after the fifteenth day (at midnight), the withdrawal period will be deemed to have expired, and therefore you will not be able to exercise your right.
To exercise the right of withdrawal, the USER must notify us of their intention to withdraw from the contract by means of an unequivocal declaration, using means that allow verification of its sending and receipt, such as email, fax, or postal mail—sent to the addresses listed on the form. To do so, you may use the withdrawal form, provided in the section: Right of Withdrawal Template. In any case, we will send confirmation of receipt of the withdrawal notification, by electronic means and by any alternative means used. This, without prejudice to subsequent communications regarding the withdrawal process.
The right of withdrawal will be deemed to have been exercised upon notification of 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 material, with the following conditions. (See link)
Consequences of withdrawal:
If the USER exercises their right to withdrawal, they will be reimbursed for all payments made in respect of the sale from which they withdraw, previously concluded between the USER and Motos Siebla. Delivery costs are understood to be included in the refund (except for those additional costs for choosing a delivery method other than the least expensive, typically referred to as "ordinary delivery method").
Said refund will be made without any undue delay and, in any case, no later than a maximum period of 14 calendar days from the date on which we are informed of your decision to withdraw from this contract - the period beginning at 00:00 on the day following your notification and ending at 23:59 on the fourteenth day. The refund will be issued using the same payment method used to make the initial payment, unless otherwise indicated in your withdrawal notice. This will not incur any additional costs for you.
During the same period mentioned in the previous paragraph, the USER is obligated to return 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 service, we will arrange for them to be collected from the USER's address, with the Consumer assuming this 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's confirmation of the order.
We advise that the prices shown on the Website may be affected by variations; however, prices appearing on orders placed and already confirmed by us through our order confirmation communication will not be modified.
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 to their existence in our stock.
All orders, therefore, are subject to the availability of the products contained therein. If we are unable to fulfill the request for a specific product, the amount paid for the order will be refunded using the same payment method used to make the initial payment.
Delivery
Furthermore, the delivery of the order is subject to the availability of the products, or to their existence in our stock. If one or more products are not in stock at the time of placing the order, we will notify you of their potential availability through our suppliers and will deliver them 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 for products not subject to customization.
The delivery time for products will depend on the shipping method selected and their availability or customization options. This timeframe will be communicated to the USER in a second email separate from the order confirmation. Delivery will not, under any circumstances, be made later than THIRTY (30) days from the moment the order was confirmed.
In the event that delivery is impossible within the estimated timeframe, the USER will be informed of this and will have the option of continuing with the order or canceling it, resulting in a refund of the amounts paid for the order. Please note, in any case, that we do not make home deliveries on Saturdays or Sundays.
Delivery will be considered as completed from the moment the last good, part or spare part has been delivered by the carrier to the USER, or the moment in which a third party, authorized and indicated by you, has taken effective possession of the ordered products under the same conditions. Delivery will be confirmed by a signed receipt from the carrier.
If we are unable to deliver your order, we will attempt to find a safe place to leave it, unless the USER indicates otherwise. In this case, if it cannot be received by anyone trusted by the USER, it will be returned to our warehouses and a communication will be sent indicating this event, along with instructions on how to redeliver the order.
After 14 days have passed without the order being delivered or if it remains in our warehouses without a claim from the USER, we will understand that the USER has withdrawn from the contract, and it will be considered terminated with the ensuing effects (refund of the price paid and non-delivery of the requested items).
VI. PAYMENT
Once the USER has selected the products they wish to purchase, they will be added to the cart, where they will find prices excluding and including taxes, as well as prices with and without any discounts applicable at the time of purchase. The total price will be displayed as the sum of the individual prices, including taxes and discounts, for each product. Shipping costs will be added (and, if applicable, the remaining costs will be added immediately afterward).
Once the total price of the order to be placed by the USER has been reviewed, they may accept the order by clicking the button for the selected payment method. This means that you will accept the total price and conditions detailed on this page.
We accept the following payment methods for our orders:
- 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 available information to each product. This information can be found in the product title or general description. However, be sure to read more details about the product in the "MORE INFO" section for 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
Please 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.
Thus, we will only be responsible for those returns that are due to a defect or malfunction of the product purchased by the USER. In these cases, returns must be made for the same product purchased, in the same condition as when it was delivered, that is, new, complete, unused, and in its original packaging.
Once the return is made under the above terms, the USER will be entitled to receive the amount paid.
EXCEPTIONS. - Products that do not meet the aforementioned conditions or that, otherwise, after being attached as a part to another good, become an inseparable part of it, cannot be returned. Products that have undergone customization, such as engraving, monogramming, embroidery, or embossing, cannot be returned.
A) RETURN POLICY FOR HYGIENE PRODUCTS
For hygiene and safety reasons, some products in our store cannot be returned if they have been used or show signs of use after receipt. In these cases, exchanges or returns will not 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 bandanas
Intimate wear 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 simple test.
The product is in good condition in its original packaging, with no signs of improper handling.
The product is clean and in perfect condition for resale.
If a product is found to have been used or mishandled, it cannot be returned, and the product will be returned to the customer (return shipping costs will 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 that proves the condition of the item. The team will evaluate the case and provide a response within 48 hours.
B) ELECTRICAL EQUIPMENT RETURN POLICY
RIGHT OF WITHDRAWAL
In accordance with the General Law for the Defense of Consumers and Users (RDL 1/2007), customers have the right to withdraw from their purchase within 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 equipment, under the following conditions:
RETURN CONDITIONS FOR ELECTRICAL EQUIPMENT
-
Unused equipment: Electrical equipment 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 equipment: Returns of electrical equipment that has been installed or used will not be accepted, since these products, having been manipulated, may have suffered damage that affects their functionality or safety.
-
Original packaging: For the return to be accepted, it is mandatory that the product retains all its original packaging, including protections, labels, and original accessories.
-
Exceptions: The following products cannot be returned:
- Custom-made or personalized electrical products.
- Unsealed electrical products that, for hygiene or safety reasons, are not suitable for return (for example, cables or components for personal use).
-
Return Process: To exercise your right of withdrawal and make a return, the customer must contact our customer service within the established period of 14 days, providing the necessary information about the product. Once the return has been approved, the customer must return the product to us by an appropriate means of transport, bearing the corresponding shipping costs, unless otherwise indicated.
-
Refund: After receiving and reviewing the returned electrical equipment, we will proceed to refund the corresponding amount within a maximum period of 14 calendar days from confirmation of the return, using the same payment method used by the customer in the initial transaction.
Warranty
Each and every one of the products we sell are subject to a TWO (2) year warranty, from the date of purchase of the product. Thus, from the moment of purchase until the last day at 11:59 p.m., the USER retains the option to return the product by contacting the manufacturer directly or through us. The reasons for returning the product will be those legally contemplated for products sold on the Website, that is:
- The product does not conform to the description shown on the Website.
- The product is not suitable for its normal intended uses.
In such case, and in accordance with applicable regulations, the USER will have the option, in relation to the manufacturer, to repair or replace the product, or to request a price reduction or termination of the contract.
IX. CUSTOMS INFORMATION
In the event that the USER has ordered a product that is not available in our warehouses or centers and can only be ordered from suppliers outside the European Economic Area, the USER will be required to pay import duties and taxes upon delivery of the products. Any expenses related to customs duties are the responsibility of the USER.
X. OUR RESPONSIBILITY
Motos Siebla will not be responsible or liable for any delay or failure to comply with the above conditions if such events are attributable to circumstances completely beyond its control; this does not imply that the USER loses their right to receive the purchased products within a reasonable timeframe or any of those indicated for this purpose in the order confirmation communications and shipping details.
The warranty set forth in clause "VIII" above is applicable under applicable European or national legislation and must be exercised against the product manufacturer, which in no case is Motos Siebla. Notwithstanding the foregoing, we offer to assist the USER in exercising their warranty rights against the manufacturer in the legal cases contemplated and mentioned above.
XI. MISCELLANEOUS
In addition to the above, the USER is requested to take into account that:
- These conditions, and any document expressly referred to in them, constitute the entire agreement between the USER and Motos Siebla in relation to the subject matter hereof and replace any other previous agreement, understanding or promise made verbally or in writing.
- The headings of the different clauses are for informational purposes only, and will not affect, qualify or expand the interpretation of this Contract.
- Any notifications you wish to make must be made by the means presented in these conditions, and to the addresses described herein. Any communication made under the conditions described will be deemed notification and will be deemed received 24 hours after the "USER" sent it.
Modification of the conditions
We reserve the right at any time to make any changes and modifications we deem appropriate to the Website, its conditions of use, sales conditions, privacy policy, and cookie policy. In any case, by using the Website or making a purchase through it, the USER accepts the modified conditions. Any modification to the terms and conditions will, to the extent possible, be notified to those users who have been contacted and who have accepted our Website's privacy policy.
The partial or total cancellation of any of the clauses of these terms and conditions will not affect the validity of the remaining clauses, which will remain in effect until their expiration.
XII. WAIVER
In the event of non-compliance by the USER, we reserve the right to exercise any legal action or claim against the USER for non-compliance at any time, within the statutory deadlines established.
XIII. MINORS
The products found on the Website are not suitable for use by minors. Under no circumstances is it our intention to sell products to minors.
In any case, the USER must be in full possession of their rights at the time of placing the order or purchase.
XIV. APPLICABLE LAW AND COMPETENT JURISDICTION
The signatory parties submit to the Courts and Tribunals of Spain, expressly waiving any other jurisdiction, if any, in the event of a dispute arising from the interpretation, execution, or termination of this Agreement, which will be resolved in accordance with the applicable provisions of Spanish law.
XV. CONTACT
Items sold through this website are under the name polarisaccesorios.com
- Postal address: Avda. Ricardo Soriano 51, 29601 Marbella (Málaga)
- Email address: internet@siebla.com
- Tax ID No.: B93298784
- Telephone: +34 952 77 39 68
VERSION 1.0
LAST UPDATE: SEPTEMBER 20, 2024
