1. PARTIES AND ACCEPTANCE OF GENERAL CONDITIONS

On the one hand, the product provider, the website (hereinafter, and with registered office at Calle Alfonso X El Sabio, nº6 50006, Zaragoza, Madrid, Spain, telephone number +34654273487 and email address oficina@onmoto365.com,(hereinafter also the provider), owner of the website, sets forth the contractual document that will govern the contracting of products through the aforementioned website.

And on the other hand, the User – Client(hereinafter the User), registered on the website with a username and password, for which they have full responsibility for use and custody, being responsible for the veracity of the personal data provided to the provider.  

They accept this document, and it implies that the user:

• Has read, understands and comprehends what is stated herein.

• Assumes all obligations set forth herein.

• Has read and accepts these general terms and conditions of contract from the moment they acquire any product offered.

This document can be printed and stored by Users. The provider makes the email address oficina@onmoto365.com available to them for any questions regarding these conditions.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the provider's website.

The provider reserves the right to unilaterally modify these General Conditions, without affecting goods or promotions that were acquired prior to the modification, in order to improve the products offered. In any case, these general conditions must be consulted before purchasing the products.

It is advisable to save a copy of the data contained in the purchased products. Our website is not responsible for any loss of data, files or any damage resulting from a backup failure by the data owner.

The provider is not responsible for the consequences that may result from an inappropriate use of the products for sale on the website.

The civil liability of our website for the supplied products is limited to the amount of the same. The user waives any claim of liability against the provider for any reason in any case of dissatisfaction with the products purchased on the website, as well as possible failures, slow access or errors in accessing the website, including data loss or other information that may exist on the user's computer or network accessing the website.      

2. OBJECT OF THE CONTRACT

2.1 Scope of application: The purpose of this contract is to regulate the contractual relationship of sale and purchase established between the provider and the user when the latter accepts these purchase conditions by checking the corresponding box during the online contracting process. These general conditions will apply from the day the order is placed.

The contractual relationship of sale and purchase involves the delivery, in exchange for a determined price publicly displayed on the website, of a specific product.

2.2 Territory of application: The website's online store is active worldwide.   

2.3 Capacity to contract: To place an order, you must be of legal age and have the capacity to contract.

2.4 Customer acceptance: The validation of an order through the website is done by email and also implies the automatic acceptance of the general conditions. These conditions are available on the website or, if you wish and request, we can make them available to you by email at the address indicated above.    

3. PRICES

All prices shown on our website, on, include VAT in accordance with current legislation. If the order is to be sent to a delivery address outside the European Union, please note that VAT will be deducted when you make the purchase, or earlier, depending on the country where the product is to be delivered. Note: if the order is to be sent to a delivery address outside the EU, it may be subject to import duties and taxes which must be paid when the shipment arrives at the delivery address. The CUSTOMER will be responsible for paying these import duties and taxes. It should be noted that the store has no control over these surcharges. Our website recommends obtaining more information from the Customs Service.    

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change. Price changes will not affect orders placed previously.

4. PLACING AN ORDER

Our website has the right to change prices and correct incorrect prices on all orders, as well as on final sales. If a price is incorrect, this may force our website to cancel the purchase and refund the amount paid in the best way. This operation can be performed at any time. Orders placed in another person's name without their consent will be reported to the competent authorities.

Placing an order may be subject to identification and registration on the website using a username and password.

It is hereby informed that, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow these steps:

1. Choose the product by clicking on "add to cart", and it will be automatically added to the "cart".  
2. If you wish to add more products, you will have the option to add such products. If you have mistakenly added something you did not want, you must click on the option to remove it from the shopping cart.  
3. Once the product(s) have been chosen, you must click on the "go to checkout" tab to make the purchase. By clicking on this option, the purchase confirmation will appear (summary of the order placed). You will have to register and provide your personal and product delivery details. As well as choosing the carrier and payment method. Some payment methods are conditional on an extra charge in the final price.
4. You must accept the Privacy Policy and these General Purchase Conditions by checking the boxes. Once completed, you will be given the option to continue with the payment where you will select the payment method. 
5. Once the order is finalized, you will receive an order confirmation email at the email address provided.

The provider's contracting platform will inform the user, once the contracting procedure is completed, via email about all the characteristics, price, transport methods, contracting date, and estimated delivery of the purchased product. Please check the spam and junk mail controls in your email inbox and always verify that the delivery and personal data are correct.

If there is any error in the address indicated or in any other point of the order, you must immediately notify the email address that will appear on the website to proceed with the correction of this error.

If you have any questions, you can contact our Customer Service through any of the methods provided on the website. Our website will provide FREE Customer Service through our contact email oficina@onmoto365.com; if you choose another alternative communication method, you will have to bear the particular cost of it. Our website provides phone numbers in Spain subject to the cost of your telephone operator.         

 

5. RIGHT OF WITHDRAWAL

As provided by the Consumer Code (Legislative Decree 206/2005), you can return purchased products within 14 days of delivery of your purchase. Products must be returned undamaged and properly packed in their original packaging along with the warranty. In this case, the customer will bear the shipping costs for the return. 

Send us an email to oficina@onmoto365.com and we will provide you with instructions on how to return the product. If you cannot contact the company by phone/WhatsApp at +34654273487

This right applies only if the product and its original packaging can be returned in the same condition as they were received. If consumers exercise their right to return an order, they must contact the website to obtain an address for sending the goods. If an item is damaged during transport, our website must be contacted within a maximum of 14 days for information about compensation.      

You must return the product with all the items with which it was delivered, without damage or signs of wear of any kind, and that does not denote improper use of the item or use different from its inherent nature, to the address we have provided you.  

Please note that repairs/replacements will be charged in the following cases, even during the warranty period:

• Failures or damages caused by misuse or neglect (bumps, dents, crushing, etc.).
• Failures or damages caused by unjustified repair or modification.
• Failures or damages caused by fire or water, or a natural disaster such as an earthquake.
• Aesthetic changes that occur during normal wear and tear and aging.
• In the event that the store and purchase date are not indicated on the warranty, or if this information has been rewritten.
• If the warranty is not properly presented with the product.

This warranty ensures that you can receive a free replacement in accordance with the terms set forth herein and within the indicated term, and cannot restrict any legal rights of the customer.

 

6. CONFIRMATION

Once we have received your order, we will send you a confirmation to your email address. Therefore, it is important that you provide your actual email address when placing the order. Save this email so you can contact customer service if you need to. The order confirmation (receipt) also serves as proof of purchase guarantee.

 

7. PAYMENT

Orders placed in our online store can be paid by:

• Credit card.
• Paypal.
• Bank transfer.

If you wish to use the bank transfer payment method, please contact our Customer Service by email at oficina@onmoto365.com or by calling +34654273487.  

We guarantee high payment security standards; your personal data will be protected from unauthorized access.     

 

8. PERSONAL INFORMATION

When making a purchase, our website will save some of your data to complete your purchase. Our website treats all personal information confidentially. You have the right to request access to your data and, if it contains errors, you can make the necessary changes or delete it. Our website may also use cookies to, for example, improve your experience on the website. You can find more information about how our website uses your personal data in the privacy policy that governs the website.  

 

9. PRODUCT

Our website reserves the right to adjust prices, add additional costs, and change product information, such as product images and offers, without prior notice. The product images and information texts available reflect the product as accurately as possible. We reserve the right for errors that may appear on the page and cannot guarantee that all images accurately reflect the true appearance of the products. Images may vary depending on your computer's color settings. All images should be considered illustrations only and do not guarantee appearance or features.

The products offered on the website correspond to sports equipment, and different products may be offered in the future.  

 

10. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES

10.1 Warranty: All products have a mandatory 3-year warranty period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, as well as Royal Decree-Law 7/2021, of April 27, transposing European Union directives on competition, prevention of money laundering, credit institutions, telecommunications, tax measures, prevention and repair of environmental damage, posting of workers in the provision of transnational services, and consumer defense, except in exceptional cases where the duration may differ. In the case of sports equipment, footwear, and sportswear, the warranty is governed by the period set by the manufacturer of said item, and it is not our website that sets the warranty periods. The minimum period set by the manufacturer is two months, which may be extended in certain situations. In case of doubt, you can contact the website via email or WhatsApp +34654273487

In the event that the Warranty Law establishes that the product must be sent to the manufacturer to manage said warranty, our website team will indicate how to proceed via email or WhatsApp +34654273487

10.2 Defective products: In case of a defective product, must proceed with repair, replacement, price reduction, or contract termination (as appropriate), actions which will be free of charge for the user. must be responsible for any lack of conformity that becomes apparent within a fixed period from delivery, provided that notifies of the lack of conformity within two months of becoming aware of it. Regarding returns due to an order error by , when the product does not match the order due to an error attributable to , the user must notify the company by email as soon as possible; will cover the costs of collecting the incorrectly sent product and delivering the correct product corresponding to the placed order.     

10.3 Cases of warranty annulment: The warranty does not apply in the following cases:

• Deterioration caused by adaptations, adjustments or modifications made to a product without written agreement with the manufacturer,
• Expenses related to maintenance, repair or replacement of parts due to normal wear and tear,
• Malfunctions and deterioration of accessories,
• Deterioration caused by improper use of the product, inappropriate use, non-compliance with the instructions for use regarding its use and maintenance or improper installation,
• Damage generated by unauthorized persons or the user,
• Damage caused by accidents, lightning, floods, fires or any other external cause not attributable to .
• Use of the product outside the family and private context, for example, in intensive professional use.
• Products already repaired by repair services other than .

10.4 Replacement of an irreparable product: In the event that the product is deemed irreparable, cannot be repaired, or the cost of repair is disproportionate to its value, it will be replaced by an identical one. If the latter is not possible, we will offer you a product with identical characteristics.

The replacement of your product will terminate your purchase agreement and any warranty extensions, as your new product will benefit from a new agreement as it is a new purchase.

10.5 Warranty periods: The periods distinguished in current legislation for general products are:

• Period from its acquisition (in the case of an in-person purchase) or possession (in the case of an online purchase) up to two years. Unless proven otherwise, it will be presumed that any lack of conformity that becomes apparent within two years of delivery of the goods already existed when the goods were delivered. 
• Period from 2 years up to 3 years after its acquisition (in the case of an in-person purchase) or possession (in the case of an online purchase). After the first period, the seller may require the consumer to prove that the fault existed from the origin.

No more than two months should pass between the time the customer experiences a problem with their product and when they notify us, otherwise, the product loses its warranty.

11. DELIVERY AND CANCELLATIONS

ships worldwide. Deliveries are made in collaboration with different delivery companies. The delivery time will depend on the company responsible for the delivery. When choosing a company, the corresponding delivery time will appear, and depending on the delivery company, this may be subject to an additional cost. For national shipments, the period will be 24 to 48 hours, for EU shipments 2 to 3 days, and for international shipments outside the EU 5 to 7 days. will not be held responsible if these deadlines are not met, as they are indicative deadlines.

Delivery will be made to the address provided by the customer. If the customer cannot be contacted due to absence at home, a new attempt will be made on the next business day.

You have the right to cancel purchases and return delivered goods by contacting 's customer service via email at the address mentioned at the top of these general terms and conditions of contract, within a maximum period of 30 days from the date of receipt of the goods, provided that the goods have not been unpacked and are in the same condition as when you received them. However, the customer will be responsible for the risk of transport of the returned goods to .

In cases where the CUSTOMER believes that the delivery is so delayed that they no longer wish to receive the order, it is their responsibility to cancel the order. In cases where the order has been shipped, the customer is obliged to receive the order. The cancellation is not valid until the customer has confirmed it with , either by email or by phone. If a product has been discontinued, has the right to cancel the purchase and refund the amount paid to the customer. will notify the customer of any replacement or equivalent products if available.

12. PRODUCT AVAILABILITY:

There may be occasions when it is impossible to supply all products because they are out of stock or unavailable at the time of purchase. In these cases, personnel will contact you to offer you the following options:

a) selection of an alternative product, with characteristics similar to the product to be replaced;

b) communication of its availability, in case you prefer to wait for said product to be available again in the store.

If you decline our suggestions, the order related to these products will be canceled, and any amount you had paid for them will be refunded.

13. CLAIM CONDITIONS

It is important that the customer carefully checks the products when receiving the shipment to verify that the products are not damaged and are correct. If your product suffers damage during transport, whether visible or hidden, you must report it as soon as possible to the transport company. If upon receiving your item you notice that it is damaged or does not match the one you ordered, you must also contact us within a maximum of 30 days from the date of receipt of the product.

All claims must be addressed to our customer service through our contact form found on the contact page, by email oficina@onmoto365.com or mobile phone+34 654273487. Provide us with the order number and the reason for your claim, and we will contact you as soon as possible. Do the same for returns. Defective products returned to must be treated as if they were not defective. It is extremely important that in all returns the product is packed in such a way that it cannot be damaged during transport.

You have the right to replace defective products with other products of the same model. If the item is discontinued, the customer will receive a refund of the full amount paid. In the event that no errors or faults are found in the returned product, will resend the product to the customer.

14. LIABILITY

's liability for errors in delivery is limited to the current sales conditions. assumes no direct or indirect liability, for example, but not limited to, incompatibility, delivery delays, downtime, data loss, additional work, or other economic damages.

15. FORCE MAJEURE

will be exempt from liability for damages and other penalties if the performance of the contract is prevented, hindered or delayed by circumstances beyond our control. Releasing factors to be considered must include government intervention, new/amended legislation, absence of state, war, fires, floods, labor disputes, prohibitions, restrictions, sabotage, transport deficiencies or weather conditions or non-delivery by suppliers, and the company's exposure to criminal activity affecting its operations.

16. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, such as trademarks and copyrights, appearing on the website and in the published material, are the property of or its subsidiaries or licensors. Any use of the site or its content, including copying or storing such content, in whole or in part, for purposes other than personal, non-commercial use, is prohibited without the permission of the website.

17. FRAUD

All frauds will be reported to the authorities and reserves the right to cancel the purchase if there is any suspicion of it.

18. TERMINATION

reserves the right to cancel your account and/or prohibit you from using its website at its sole discretion. This may occur if, for example, suspects that you have breached these Terms of Use. This termination may be made without prior notice.

19. AMENDMENTS

may revise these Terms of Use periodically. Whenever you place an order with us, you will be subject to the general conditions in force at the time of formalizing the contract between you and. Therefore, you should periodically visit this page to review the current conditions to which you are subject.

20. NULLITY AND INEFFECTIVENESS OF CLAUSES

If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, with the General Conditions subsisting in all other respects, taking said provision, or the part of it that is affected, as not having been included.

21. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted according to Spanish law in what is not expressly established. The provider and the user agree to submit any controversy that may arise from the provision of the products or services object of these Conditions, to the Courts and Tribunals of the provider's domicile (if it is a legal entity) or the user's (if it is a natural person).

In the event that the user has their domicile outside Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the city of Madrid, Spain.

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=ES