TERMS AND CONDITIONS OF USE

Access to and use of the website (hereinafter, the "Website") implies express and unreserved acceptance of these Terms and Conditions. Their observance and compliance will be enforceable against any person who uses the Website in any way.

I. IDENTIFICATION

This Website is owned by Motos Siebla.

- Owner: Motos Siebla S.L.U. (hereinafter, “Motos Siebla” or “we”).

- Address: Avda. Ricardo Soriano, 51. 29600 Marbella (Málaga)

- Email: internet@siebla.com

The owner of this Website is defined as a provider of information society and electronic commerce services, under the terms contemplated in Law 34/2002, on information society services and electronic commerce (hereinafter, “LSSICE”).

Furthermore, the person who accesses this internet domain, page, or site (hereinafter, “Website”), will be considered, for the purposes of the applicable regulations and for the aforementioned purposes, as “USER”.

II. PURPOSE

The terms and conditions described below govern access, browsing, and use of the website, without prejudice to the fact that Motos Siebla may modify this website or these terms at any time. These modifications or changes will be automatically accepted once the USER browses or uses the website.

If, in order to use or browse certain content, certain conditions other than those described above are required, these conditions will be clearly visible and displayed to the USER; use of or browsing these sections implies automatic acceptance of the applicable specific conditions.

III. ACCESS

Access to the website is free, without age or other applicable restrictions. Each USER shall be liable for any direct or indirect damage or loss that may arise as a result of misuse of the website. If the USER is a minor, their legal guardians shall be liable for any such damages.

Without prejudice to the foregoing, to carry out any transaction related to the e-commerce offered by Motos Siebla S.L.U., it will be necessary to register a data form to create a customer account through which to place orders and purchase the products offered by Motos Siebla. If you have any questions about how we process your data, please visit our Privacy Policy.

The owner is not responsible for the accuracy of any data provided by users. Users will therefore be responsible for any possible consequences, errors, and failures arising from inaccurate data provided.

IV. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Motos Siebla S.L.U. is the owner or, where applicable, has the corresponding licenses for the intellectual and industrial property rights necessary to operate the Website and use the content offered therein, including the platform itself, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through it.

References to trademarks or trade names or other registered distinctive signs, whether owned by Motos Siebla or third parties, carry with them a prohibition on their use without the prior, express, and written consent of Motos Siebla or their owners. Under no circumstances does access to or use of the Website confer legitimacy, ownership, or possession over any of the aforementioned. The USER only has the right to use the contents and/or services of the Website within the environment of the Website itself, solely for the purpose of enjoying the benefits of the service.

In accordance with the foregoing, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for any purpose, without prior, express and written authorization from Motos Siebla S.L.U. or, where applicable, from the owner of the corresponding rights.

Likewise, it is prohibited to remove or manipulate copyright notices or other credits that identify the rights holders of the content that the USER finds on the Website, as well as technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the content offered on the Website.

In the event that the USER sends information or content of any kind to Motos Siebla S.L.U., the USER declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual property rights, industrial property rights, trade secrets or any other rights of third parties, and that said information is not confidential or harmful to third parties.

The USER acknowledges that they assume responsibility for the communications and content they send to Motos Siebla S.L.U., holding the latter harmless from any claims, procedures, damages, costs, fees (including legal fees), interest and expenses, direct or indirect, arising from any communication or content you send.

If the USER becomes aware of the existence of any content that is illicit, illegal, contrary to the law, or that could constitute an infringement of intellectual, industrial, or any other type of property rights, for third parties or for themselves, they must immediately notify Motos Siebla S.L.U. by email (indicated above) or by post (to the address indicated above) so that the latter can take the appropriate measures, at its sole discretion. If you are an owner or assignee whose rights have been affected, you must send a communication with at least the following information:

- Identification data and contact information.

- Documentation proving your status as owner or assignee.

- Facts of the violation or infringement and the exact location of said act within the Website.

- Express declaration that the use of the content has been made without the owner's consent.

V. LINKS

Regarding links to web pages, whether through buttons, links, banners, or embedded content, Motos Siebla S.L.U. informs you that these are managed by third parties unless otherwise indicated. Motos Siebla S.L.U. nor does it have sufficient human or technical resources to know, control, or approve in advance all the information, content, products, or services that the USER may access through the aforementioned utilities.

That is why Motos Siebla S.L.U. cannot assume any type of responsibility regarding the platform or page on which the content, information, or services are located to which the USER has been redirected upon leaving the Site

Motos Siebla S.L.U.'s website. Likewise, the owner cannot be held responsible for third-party pages, platforms, or sites regarding their operation, access, data, information, files, the quality and reliability of their products and services, their own links, and/or any of their content in general.

In the event that a USER, having left the Website, becomes aware of the illegality or immorality of the activities or content hosted on third-party pages, they must immediately notify Motos Siebla S.L.U. may immediately disable the link, advertisement, or button to said site, page, or platform.

Consequently, the existence of any type of link on the Motos Siebla S.L.U. Website to another site, page, or platform will not imply any type of relationship, collaboration, or dependency with said owner.

Motos Siebla S.L.U. does not have the power or human or technical means to know, control, or approve all the information, content, products, or services provided by other websites that establish links to the Website. Likewise, Motos Siebla S.L.U. prohibits any type of link to the Website from a site, platform, or page that contains materials, information, or content that is illicit, illegal, degrading, obscene, or, in general, that violates the law, morality, or public order. However, USERS MAY link to the Website from their own page, platform, or site, provided they meet a series of minimum requirements, namely:

i. The page, platform, or site on which the link is located may not reproduce, in whole or in part, the content of the Website;

ii. You may not create a browser or border environment over any sections of the Website, nor may you modify the Website in any other way;

iii. You may not make any false, inaccurate, or incorrect statements or indications about the Website and/or, in particular, declare or imply that Motos Siebla S.L.U. has authorized the link to the Website or that it has supervised or assumed in any way the content or services offered or made available on the website on which said link is established;

iv. The website on which the link to the Website is established must not contain information or content that is illegal, contrary to morality or public order, nor content that violates any third-party rights, including intellectual or industrial property rights and/or the right to honor, personal and family privacy, or one's own image, or content that violates the regulations governing the protection of personal data.

VI. RULES OF USE

Access to or use of the Website for illegal or unauthorized purposes is prohibited. Consequently, any event arising from a violation of this rule shall be the sole responsibility of the USER. In particular, but not limited to:

- using the Website in a way that may cause damage, interruptions, inefficiencies, or defects in its operation or in the computer equipment of a third party;

- using the Website to transmit, install, or publish any virus, malicious code, or other harmful programs or files;

- using the Website to collect personal data of other USERS;

- using the Website illegally, contrary to good faith, morality, and public order;

- accessing without authorization any section of the Website, other systems or networks connected to the Website, the servers used by Motos Siebla S.L.U., or the services offered through the Website, by means of hacking, falsification, password mining, or any other illegitimate means;

- breach, or attempt to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the content offered on the Website;

- carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of Motos Siebla S.L.U., as well as in the systems and networks connected to the Website.

Failure to comply with any of the foregoing will entitle Motos Siebla S.L.U. to take appropriate legal measures, including deletion or blocking of the offending USER's account, without any compensation for damages caused.

Your Account

The USER, and only the USER, is responsible for maintaining the confidentiality of their account data and password, regardless of the device or access method. To the extent legally possible, and without prejudice to the legal responsibilities of Motos Siebla S.L.U., the USER is responsible for everything carried out through their account; therefore, the USER must ensure the confidentiality of their passwords and access methods. In the event of any involuntary or fraudulent event related to the use of the account or the confidentiality of their access password, the USER must immediately notify Motos Siebla S.L.U. so that you can find an appropriate solution.

The accuracy of the data provided for account registration is the responsibility of the USER, who also obliges them to notify Motos Siebla S.L.U. if any of this data has changed. This can be done by modifying the data provided in their account.

Motos Siebla S.L.U. reserves the right to deny access or cancel any account, as well as to delete or modify any content related to the USER, if the latter in any way violates the legislation or the conditions applicable to this Website.

VII. LIABILITY AND WARRANTIES

Motos Siebla S.L.U., pursuant to Article 13 of the LSSICE and in relation to the operation of the website, Motos Siebla S.L.U. cannot guarantee the reliability, usefulness, or continuity of all the information and/or services and content on the Website, since it is not an intermediary or host of those described in the LSSICE.

Consequently, Motos Siebla S.L.U. does not guarantee or accept liability for:

- the continuity of the Website's content and services;

- the absence of viruses and/or other harmful components on the Website or on the server that supplies it;

- the invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein;

- the lack of usefulness or performance of the Website's content and services; and

- any damage or harm caused, to itself or to a third party, by any person who violates the conditions, rules, and instructions established on the Website, or through the violation of the Website's security systems.

However, Motos Siebla S.L.U. Motos Siebla S.L.U. declares that it has adopted all necessary measures, within its capabilities and the state of the art, to guarantee the functioning of the Website and minimize errors, both from a technical perspective and in terms of the content published on the Website.

Motos Siebla S.L.U. will not be responsible for the veracity, integrity, or updating of the information published on the Website from sources other than its own, nor for that contained on other platforms linked to from the Website.

VIII. SUSPENSION OF THE WEBSITE

Motos Siebla S.L.U. reserves the right to suspend, modify, restrict or interrupt, temporarily or permanently, access, use, hosting and/or downloading of the content and/or use of the Website services, with or without prior notice, to USERS who violate any of the detailed provisions, without the USER being able to demand any compensation for this reason.

In such case, you are hereby informed that such acts may be reported to the police and judicial authorities if any type of violation of current legislation is detected.

IX. CONFIDENTIALITY AND DATA PROTECTION

All personal data collected will be treated in accordance with the provisions of the Privacy Policy of the Website, which all USERS must accept in order to use it.

X. MISCELLANEOUS

The USER, in addition to the above, must take into account that:

- The headings and titles are merely informative, and will not affect, qualify or expand the interpretation of these Terms and Conditions. These guidelines, terms, or information may be modified in whole or in part by communication or modification in the same manner as they are shown.

- In the event that any provision of these Terms and Conditions is declared invalid or unenforceable, in whole or in part, by any competent Court, Tribunal, or administrative body, such invalidity or unenforceability shall not affect the remaining provisions of these Terms and Conditions.

- The failure of Motos Siebla S.L.U. to exercise or enforce any right or provision contained in these Terms and Conditions shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by it.

XI. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

Whenever the regulations in force provide for the parties to submit to a specific jurisdiction, any dispute arising from or related to this Website shall be governed by Spanish law in force at the time of the dispute, and any dispute shall be subject to the Courts and Tribunals of Malaga.

VERSION 1.0

LAST UPDATE: FEBRUARY 11, 2018