TERMS OF SALE

Please read these terms carefully before using or purchasing through indianvictory.es (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 consumer in the purchase and sale 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 the first day for the beginning of the calculation as the day on which the order or last item was actually received by the USER, from 00:00 hours of the same; and the last day as 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: Right of withdrawal template. 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 with the communication regarding its exercise, before the expiration of the period indicated for this purpose in the first paragraph of this same 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 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, 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 existence in our stock.

Every order, therefore, is subject to the availability of the products contained therein, so that, if it is impossible for us to fulfill 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 fact and will have the option of continuing with the order or cancelling 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 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, authorized 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 an 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

Please note 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 are due to a defect or malfunction of the product purchased by the USER. In these cases, the return must be made of the same product purchased, in the same condition in which 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 have the right to receive the amount paid.

EXCEPTIONS. - Products that are outside the aforementioned conditions or that, otherwise, after being attached as a piece to another good, they become an inseparable part of it, cannot be returned. Products that have undergone a customization process - such as engravings, monograms, embroidery or embossing - may not be returned either.

RETURN POLICY FOR ELECTRICAL EQUIPMENT

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 a period of 14 calendar days from receipt of the order, except for 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

1. 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.

2. 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.

3. 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.

4. 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).

5. 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 send us the product by an appropriate means of transport, paying the corresponding shipping costs, unless otherwise indicated.

6. Refund: After receiving and inspecting the returned electrical material, we will proceed to refund the corresponding amount within a maximum period of 14 calendar days from the 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. In this way, from the moment of purchase until the last day at 11:59 p.m., the USER retains the possibility of returning 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 useful for the uses for which it is ordinarily intended.

In such case, and in accordance with the applicable regulations, the USER will have the possibility of repairing or replacing the product, or requesting a reduction in the price or termination of the contract, with respect to the manufacturer.

IX. CUSTOMS INFORMATION

In the event that the USER has requested a product that, not being available in our warehouses or centres, can only be requested from suppliers outside the European Economic Area, the USER, upon delivery of the products, will be obliged to pay the import duties and taxes. Therefore, any expense related to customs duties will be 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 conditions set out above, if such events were attributable to circumstances completely beyond our sphere of control; which does not imply that the USER loses his right to receive the purchased products within a reasonable period or any of those indicated for this purpose in the confirmation communications and shipping details of the order.

The guarantee that appears in clause “VIII” above is applicable by virtue of the applicable legislation, European or national, and will be exercised against the manufacturer of the product, which in no case is Motos Siebla. Without prejudice to this, we offer to help the USER exercise his right of guarantee 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:

1.                   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 thereof and replace any other previous agreement, pact or promise made verbally or in writing.
2.                  The headings of the different clauses are for informational purposes only, and will not affect, qualify or expand the interpretation of this Contract.
3.                  Any notifications you wish to make must be made by the means presented in these conditions, and to the addresses described herein. Notification shall be deemed to be any communication made under the conditions described, and shall be deemed to have been received 24 hours after the time it was sent by the “USER”.

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 process through it, the USER accepts the modified conditions. The modification of the conditions, as far as possible, will be notified to those users with whom we have contact and who have accepted the privacy policy of our Website.

The partial or total cancellation of any of the clauses of these conditions will not affect the validity of the rest, so that they will remain in force until the moment of expiration of their validity.

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 Contract, 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 indianvictory.es

- Postal address: Avda. Ricardo Soriano 51, 29601 Marbella (Málaga)

- Email: internet@siebla.com

- N.I.F.: B93298784

- Telephone: 952 77 39 68

VERSION 1.0

LAST UPDATE: DEPTEMBER 20, 2024