TERMS & CONDITIONS
ARTICLE 1 - DEFINITIONS
The following definitions apply in these terms and conditions:
Additional agreement: an agreement where the consumer obtains digital products, content or services in connection with a distance contract. The trader or a third party is responsible for delivering these digital goods, content or services on the basis of an agreement between the third party and the trader;
Withdrawal period: the period in which the consumer can use his right of withdrawal;
Consumer: a natural person whose actions are not carried out for purposes related to his business, profession or undertaking;
Day: calendar day; Digital content: data produced and delivered in a digital form;
Extended duration transaction: a distance contract for a series of products and/or services, whereby the obligation to supply and purchase is extended over a period of time;
Durable medium: each auxiliary medium - also e-mail - that enables the consumer or business to save information addressed personally to him in a way that maintains the intention of future use or consultation for a period adapted to the purpose for which the information is indicated, and that makes possible unchanged reproduction of the saved information;
Right of withdrawal: the consumer's opportunity to renounce the transaction of extended duration, within the withdrawal period;
Merchant: the natural or legal person which is a member of Thuiswinkel.org and which offers products, (access to) digital content and/or services at a distance to consumers;
Distance contract: a contract concluded between the company and the consumer within the framework of an organised system for the distance trading of products;
Model right of withdrawal form: the European model right of withdrawal form is attached as Appendix 1 to these terms and conditions. The trader is not obliged to provide Appendix 1 to the consumer if the consumer does not have the right of withdrawal in respect of his order;
Technique for distance communication: an auxiliary means that can be used for communication with regard to concluding the contract, without the need for a meeting of the trader and the consumer at the same place at the same time.
ARTICLE 2: IDENTITY OF THE TRADER
Address of the trader: C. de Velázquez, 16, 28001, Madrid
Trader's telephone number: +34 955 63 16 00
E-mail: atencioncliente@formula1fever.es
Chamber of Commerce and Industry registration number: 63490757
VAT identification number: NL8552.58.305.B01
ARTICLE 3: RELEVANCE
These general terms and conditions shall apply to all offers made by a trader and to all distance contracts concluded between a trader and a consumer.by visiting our site or making a purchase, you contract our "service" and agree to be bound by the following terms and conditions, including any additional terms and policies mentioned in this document or available through a hyperlink. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms of this agreement, you may not access the site or use any of the services.
If the distance contract is concluded electronically, in contrast to the previous paragraph, and prior to the conclusion of the distance contract, the text of these general terms and conditions will be provided to the consumer electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the conclusion of the distance contract, the trader shall indicate where the general terms and conditions can be consulted electronically and that, at the consumer's request, they will be sent to him free of charge, electronically or otherwise.
Where specific terms and conditions relating to the product or service apply in addition to these general terms and conditions, the second and third paragraphs shall apply by analogy and the consumer may always invoke the applicable term which is more favourable to him in the event of incompatibility of the general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer is subject to a limited duration, or is subject to certain conditions, this is explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader makes use of images, these images are true images of the products, services and/or digital content. The trader is not bound by obvious mistakes or errors in the offer.
Each offer contains information that makes it clear to the consumer what the rights and obligations are in relation to the acceptance of the offer.
4. If a contract exists, the trader is not bound by obvious mistakes or genuine and accidental errors in the price that a consumer should have been aware of.
We reserve the right to limit or prohibit orders which, in our opinion, appear to be placed by dealers, resellers or distributors.
ARTICLE 5 – THE CONTRACT The customer adds the selected products to the shopping cart. The customer can change the data and added products at any time during the ordering process, before placing a final order. The customer places a final order for the products/services added to the shopping cart by clicking on the button that exists for that purpose. The contract will be concluded, without prejudice to the provisions of section 4, at the time the consumer accepts the offer and the conditions stipulated therein are met. If the consumer has accepted the offer electronically, the trader will immediately confirm the receipt of acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed by the trader, the consumer may terminate the contract. If the contract is concluded electronically, the merchant will take appropriate technical and organizational measures to ensure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the merchant will take appropriate security precautions.
The merchant can obtain information – within legal frameworks – on the consumer's ability to fulfill his payment obligations, as well as on the facts and factors that are important for the responsible conclusion of the distance contract. If the investigation gives the trader adequate reasons to refuse to conclude the contract, in such case the trader has the right, supported by reasons, to reject an order or request or application or to enforce compliance with special conditions or request. . The trader will send to a consumer, at the latest upon delivery of a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium: The address of the office of the merchant's company, where the consumer can file complaints; The conditions under which the consumer can make use of the right of withdrawal and the method to do so, or a clear statement regarding the preclusion of the right of withdrawal; Information about guarantees and existing after-sales service; The price, including all taxes on the product, service or digital content; the shipping costs to the extent applicable, and the form of payment, delivery or implementation of the distance contract;
ARTICLE 6 – RIGHT OF WITHDRAWAL Upon delivery of products: When purchasing products, the consumer has the right to dissolve the contract, without giving reasons, for a period of at least 30 days. The trader is allowed to ask a consumer for the reason for this dissolution, but the consumer is not obliged to express his reasons. The period provided for in paragraph 1 begins on the day after the product was received by the consumer or by a third party designated by the consumer, who is not the party of transport, or: If the consumer has ordered several products: the day on that the consumer, or a third party designated by the consumer, receives the last product. The merchant can reject a single order for several products with different delivery dates, provided that he has clearly informed the consumer of this before the ordering process. If the delivery of a product involves different deliveries or parts: the day on which the consumer or a third party designated by the consumer received the last delivery or the last part. With contracts for the regular delivery of products during a certain period: the day on which the consumer or a third party designated by the consumer received the last product. To the delivery of services and digital content that is not provided on a material medium: A consumer has the right to dissolve the contract, without giving reasons, for the supply of digital content that is not provided on a material medium for a period of at least 30 days. The trader is allowed to ask a consumer for the reason for this dissolution, but the consumer is not obliged to express his reasons. The period provided for in paragraph 3 begins on the day after the conclusion of the contract. Extended withdrawal period for products, services and digital content that is not provided on a material medium in the event that a consumer was not informed about the right of withdrawal: If the trader does not provide the consumer with the legally mandatory information about the right of withdrawal or if the model form is not provided, the withdrawal period will end twelve months after the end of the withdrawal period originally stipulated based on the previous paragraphs of this article. If the trader provides the consumer with the information mentioned in the previous paragraph within twelve months from the date on which the original withdrawal period begins, the withdrawal period will end 30 days after the day on which the consumer receives the information. ARTICLE 7 – OBLIGATIONS OF THE CUSTOMER IN CASE OF WITHDRAWAL During the withdrawal period, the consumer must treat the product and its packaging with care. You will only unpack or use the product to the extent necessary in order to evaluate the nature, characteristics and effectiveness of the product. The starting point is that the consumer can only handle and inspect the product in the same way as they would be allowed in a store. The consumer will only be responsible for the devaluation of the product when this is the result of his handling of the product other than what is permitted in paragraph 1. The consumer will not be responsible for the devaluation of the product if the merchant did not offer him all the information required by law on the right of withdrawal before the conclusion of the contract. ARTICLE 8 – CUSTOMERS WHO ARE PRACTICING THE RIGHT OF WITHDRAWAL AND THE COSTS ASSOCIATED WITH THEM The consumer who wants to exercise their right of withdrawal must inform the merchant, within the withdrawal period, using the model right of withdrawal form. or in some other unambiguous way. As soon as possible, but no later than 14 days after the reporting day referred to in paragraph 1, the consumer shall return the product, or hand it over to (a representative of) the trader. This is not necessary if the merchant offers to collect the product himself. In any case the consumer has met the deadline for the return of the products if the product is sent back before the withdrawal period has expired. The consumer returns the product with all relevant accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the merchant. The risk and burden of proof for exercising the right of withdrawal correctly and in time are part of the consumer's responsibility. The consumer assumes the direct costs of returning the product. If the trader has not declared that the consumer will bear these costs or if the trader indicates a willingness to bear these costs himself, then the consumer will not be responsible for bearing the costs of returning goods. The consumer will not bear expenses for the total or partial supply of digital content that is not provided on a material medium, if: Before delivery, he/she did not explicitly agree to begin compliance with the contract before the end of the term. of withdrawal. He did not acknowledge having lost his right of withdrawal upon the granting of his permit, or: The trader has failed to confirm this statement made by the consumer. If a consumer exercises his or her right of withdrawal, all agreements will be legally dissolved. ARTICLE 9 – OBLIGATIONS OF THE MERCHANT IN CASE OF WITHDRAWAL If the merchant makes it possible for a consumer to declare his withdrawal through electronic means, then, after receiving such declaration, he sends an immediate confirmation of receipt. The merchant reimburses the consumer with all payments, including any delivery costs that the merchant has charged for the returned product, however, no later than within 14 days after the day on which the consumer reported the withdrawal. Except in cases where the merchant offers to collect the product himself, the refund may be postponed until he has received the product or until he proves that the consumer has returned the product, depending on what happens first. For any return, the merchant will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. The refund is free for the consumer. If the consumer chooses an expensive delivery method in preference to the cheaper standard delivery, the merchant does not have to reimburse the additional costs of the more expensive method. ARTICLE 10 – EXCLUSION OF THE RIGHT OF WITHDRAWAL The trader may prevent the right of withdrawal for the following products and services, but only if the trader clearly declared this when making the offer, or at least sufficiently in advance before the conclusion of the contract. : Products or services whose prices are subject to fluctuations in the financial market over which the merchant has no influence and which may occur within the withdrawal period. Contracts concluded during a public auction. A public auction is defined as a sales method by which a merchant offers products, digital content and/or services at auction, under the direction of an auctioneer, and in which a successful buyer is obligated to purchase the products, digital content and/or services. Service contracts, after full completion of the service, but only if: Performance began with the prior express agreement of the consumer, and; b. The consumer declared that he had lost his right or withdrawal as soon as the trader had terminated the contract in its entirety. Package trips, combined vacations and combined circuits referred to in article 7:500 BW and contracts in the transport of passengers. Service contracts that provide access to accommodation, if the contract already stipulates a specific date or period of performance and is not for the purpose of accommodation, transportation of goods, car rental services and catering. Contracts regarding leisure activities, if the contract already stipulates a specific date or period of execution. Products manufactured according to the consumer's specifications, that were not prefabricated and were made based on the consumer's specific choice or decision, or that are clearly intended for a specific person. Products subject to rapid decomposition or with a limited shelf life. Sealed products that, for reasons regarding health protection or hygiene, are unsuitable for return and whose seal was broken after delivery. Products that, by their nature, have been irremediably mixed with other products. Alcoholic beverages whose price was agreed at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the trader has no influence. Sealed audio/video recordings and computer devices whose seals were broken after delivery. Newspapers or magazines, with the exception of subscriptions to this. The delivery of digital content that is not on a material medium, but only if: The delivery was initiated with a prior express agreement of the consumer, and; The consumer declared that this implies having lost his right of withdrawal. ARTICLE 11 – THE PRICE During the validity period indicated in the offer, the prices of the products and/or services offered will not increase, with the exception of price changes in VAT tariffs. In contrast to the previous paragraph, the merchant may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the merchant has no influence. The offer must refer to this link with fluctuations and the fact that the prices mentioned are recommended prices. Price increases within 3 months after conclusion of the contract are only permitted if they are the result of regulations or legal stipulations. Price increases of more than 3 months after the conclusion of the contract will only be permitted if the trader has stipulated them in this way, and: These are the result of regulations or legal stipulations, or: The consumer is authorized to withdraw from the contract. contract on the day on which the price increase comes into effect. The prices indicated in product or service offers include VAT. Shipping costs may also be charged, depending on the value of the shipment or the delivery option or address you choose. Such additional charges will be clearly displayed during the purchasing process and will be included in the “total price”. Depending on the consumer's country, the consumer may have to pay import duties, taxes or duties in addition to the shipping costs, which only cover the transit costs of the product. ARTICLE 12 – PERFORMANCE OF THE CONTRACT AND THE ADDITIONAL WARRANTY The merchant guarantees that the products and/or services comply with the contract, the specifications indicated in the offer, the reasonable requirements of reliability and/or usefulness of the service and the legal and/or stipulations or government regulations that existed on the date the contract was entered into. If agreed, the merchant also guarantees that the product is suitable for another designation than normal. An additional warranty provision offered by the trader, manufacturer or importer can never affect the legal rights and claims that a consumer can invoke against the trader on the basis of the contract if the trader has not fulfilled his part in the contract. An additional guarantee is defined as all commitments of a trader, its supplier, importer or manufacturer that grants the rights or claims of the consumer, above those provided by law, in the event that he does not fulfill his part in contract. Regardless of the commercial guarantee, the merchant continues to be bound by the legal guarantee of conformity of the goods, digital content and digital services in application of articles 120 et seq. of the Consumer Code. In the case of a contract for the sale of goods or the supply of digital content or services provided in a single act or in a series of individual acts, the entrepreneur will be responsible for any lack of conformity that exists at the time of delivery or supply. and manifest within a period of three years from delivery in the case of goods or two years in the case of digital content or services, without prejudice to the provisions of article 115 ter, section 2, letters a) and b) of the General Law for the Defense of Consumers and Users and other complementary laws. In second-hand goods, the businessman and the consumer or user may agree on a shorter period than indicated in the previous paragraph, which may not be less than one year from delivery. ARTICLE 13 – DELIVERY AND IMPLEMENTATION The merchant will take the greatest possible care when receiving and implementing orders for products and when evaluating requests for the provision of services. The place of delivery is the address that the consumer made known to the merchant. If a delivery to the consumer is not possible because the delivered goods do not fit through the consumer's front door, first door or stairs, or because the consumer is not at the delivery location specified by the consumer, despite having informed to the consumer of the delivery schedule with reasonable notice, the consumer will be responsible for the costs of the failed delivery. Delivery will be made in accordance with the conditions stipulated in the delivery policy, which forms part of these conditions. Taking into account what is indicated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient dispatch, although at the latest within 30 days, unless a different delivery period has been agreed. . If the delivery is delayed, or if the delivery cannot be carried out, or only partially, the consumer will be informed of this within the last 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract without cost and the right to possible damages. After dissolution, in accordance with the previous paragraph, the trader will return to the consumer the amount he has paid. The risk of damage and/or loss of products is the responsibility of the merchant until the time of delivery to the consumer or a representative designated by the consumer and announced to the merchant in advance, unless this has been explicitly agreed otherwise. ARTICLE 14 – DURATION TRANSACTIONS, TERMINATE AND EXTEND Termination: The consumer has the right at any time to terminate an open-ended contract that is concluded for the regular supply of products (including electricity) or services, subject to agreed termination rules and a notice period that does not exceed one month. The consumer has the right at any time to terminate a full-term contract concluded for the regular supply of products (including electricity) or services at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding exceeds one month. With respect to the contracts described in the first two paragraphs, the consumer may: - terminate them at any time and will not be limited to termination at a certain time or during a certain period; - finish them in the same way in which they were completed; - always terminate them subject to the same notice period as stipulated for the merchant. Extension: A fixed-term contract concluded for the regular supply of products (including electricity) or services cannot be automatically extended or renewed for a fixed period of time. As stated in the preceding paragraph, a fixed-term contract entered into for the regular supply of daily or weekly newspapers or magazines may be automatically extended for a specified period not exceeding three months, if the The consumer is free to terminate this extended contract towards the end of the extension, with a notice period not exceeding one month. A fixed-term contract that was concluded for the regular supply of products or services can only be automatically extended for an indefinite period of time if the consumer has the right to withdraw at any time, with a notice period not exceeding one month. In the case of a contract for the regular supply but less than once a month of daily or weekly newspapers or magazines, there is a notice period not exceeding three months. A fixed-term contract for the regular supply, on an introductory basis, of daily or weekly newspapers or magazines (trial subscriptions or introductory subscriptions) is not automatically extended and will automatically terminate at the end of the trial period or introductory period. Duration: If the fixed term of a contract exceeds one year, then after one year the consumer has the right to terminate at any time, with a notice period not exceeding one month, unless reasonableness and equity dictate that the Early termination of the contract would be unacceptable. ARTICLE 15 – PAYMENT The available payment methods are shown on the merchant's website or in the description of the corresponding item or, at the latest, at the time of completing the order process (order completion/checkout). Unless otherwise stated, payment requests arising from the contract must be paid immediately. Provided that no other date is stipulated in the contract or in the supplementary conditions, the sums owed by the consumer must be paid within a period of 14 days from the start of the withdrawal period or, in the absence of a withdrawal period, within period of 14 days from the conclusion of the contract. In the case of a contract for the provision of services, this 14-day period begins on the day following receipt by the consumer of the confirmation of the contract. The consumer is obliged to inform the merchant immediately of any inaccuracies in the payment details. planned or established. If a consumer does not fulfill his/her payment obligation(s) on time, after the trader has informed the consumer about the late payment, the consumer has 14 days to fulfill the payment obligation; If payment is not made within this 14 day period, statutory interest will be payable on the sum owed and the trader is entitled to collect reasonable extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% of unpaid amounts up to 2,500 euros; 10% from the next 2,500 euros; and 5% from the next 5,000 euros, with a minimum of 40 euros. The merchant may deviate from these amounts and percentages that are favorable to the consumer. ARTICLE 16 – COMPLAINTS PROCEDURE The trader has at his disposal a complaints procedure, which has been given sufficient publicity, and he will deal with a complaint in accordance with this complaints procedure. A consumer who has discovered deficiencies in the performance of a contract must submit any complaints to the trader without delay, in full and with clear descriptions. A response to complaints submitted to the merchant will be provided within 14 days from the date of receipt. If a complaint is anticipated to require a longer processing time, then the trader will respond within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate response. A complaint about a product, service or the merchant's service can also be submitted via a complaint form on the merchant page of the Thuiswinkel.org website, www.thuiswinkel.org. The complaint is sent to both the merchant in question and Thuiswinkel.org. The consumer must give the operator a period of time of at least 4 weeks to resolve the complaint in joint consultation. After this period, the complaint becomes a dispute that is subject to the dispute resolution regime. ARTICLE 17 – DISPUTES Contracts concluded between a trader and a consumer and which are subject to these general conditions, will be subject to Dutch law. Given that the businessman focuses his commercial activities in Spain (where the consumer resides), the consumer may always resort to the consumer law mandatory in Spain. Disputes between a consumer and a trader regarding the conclusion or performance of contracts relating to products and services to be provided by said trader may be raised with the Litigation Committee, through the European online dispute resolution platform (http:// ec.europa.eu/consumers/odr/). The Home Shopping Litigation Committee is an alternative dispute resolution provider to which the merchant is a member. The Home Shopping Dispute Committee has been authorized by the Dutch Ministry of Security and Justice and provides secure dispute resolution services and conducts an independent assessment of your claim, in accordance with the 2015 Alternative Dispute Resolution Rules. consumer disputes (competent authorities and information). A complaint (in English) can be submitted to the Litigation Committee for home shopping in the following ways: Online: www.sgc.nl/en In writing: by mail: Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP Den Haag, Netherlands The Disputes Commission will only deal with a dispute if the consumer first made his complaint, without delay, to the trader. If the complaint does not lead to a solution, the dispute must be submitted to the Dispute Commission no later than 12 months after the consumer has submitted the complaint to the trader. If the consumer wants to submit a dispute to the Disputes Commission, the trader is bound by that choice. Preferably, the consumer notifies the merchant first. If a trader wishes to submit a dispute to the Disputes Commission, then the consumer will indicate, in response to a written request made by the trader, either by contract, or prefer the dispute to be dealt with by law before a competent court of law . If the consumer does not indicate his choice to the trader within five weeks, then the trader has the right to bring the dispute before the competent court of law. The resolutions of the Conflict Commission are subject to the conditions stipulated in the regulations of the Conflict Commission. The decisions of the Conflict Commission take the form of binding advice. The Disputes Commission will not deal with a dispute – or will terminate its intervention – if the merchant has been granted a suspension of payments, has gone bankrupt, or has actually ceased trading activities before the commission dealt with the dispute during a session and handed down a final sentence. ARTICLE 18 – GUARANTEE OF THE SHOPPING SECURE BRANCH (THUISWINKEL.ORG) Thuiswinkel.org guarantees the fulfillment of the obligations of its partners in relation to the binding advice imposed by the Thuiswinkel Conflict Commission, unless the partner decides to put the binding advice before a court of law for verification within two months after the date of that advice. In case of verification by the court of law, the suspension of the guarantee will end and the guarantee will come into force once again upon the court's decision being final and conclusive, so the court has declared that the binding advice has binding effect. Up to a maximum sum of €10,000 for binding advice, Thuiswinkel.org will pay that sum to the consumer. In the case of amounts exceeding €10,000 for binding advice, a sum of €10,000 will be paid. Where the sum exceeds €10,000, Thuiswinkel.org is obliged to make reasonable efforts sufficient to pursue the member to comply with the binding advice. The application of this guarantee requires that the consumer submit a written appeal to Thuiswinkel.org and transfer his claim to the merchant at Thuiswinkel.org. To the extent that the claim against the trader exceeds the sum of 10,000 euros, the consumer will be offered the possibility of transferring his claim against the trader in excess of the sum of 10,000 euros to Thuiswinkel.org, where this organization will then pursue payment of the claim. claim in court at his own expense and with costs. ARTICLE 19 – ADDITIONAL OR DIFFERENT TERMS Additional stipulations or stipulations that differ from these general terms and conditions cannot be detrimental to the consumer and must be recorded in writing, or in such a way that consumers can store them in an easily accessible form in long-lasting support. ARTICLE 20 – MODIFICATION OF THE GENERAL CONDITIONS Thuiswinkel.org will only modify these general terms and conditions after consulting with the Consumer Association. Amendments to these terms and conditions will only come into force after they have been published in the appropriate form, with the understanding that where the amendments apply during the validity of an offer, the provision that is most favorable to the consumer will prevail. MODEL WITHDRAWAL FORM - Attn: Fuel For Fans DC. de Velázquez, 16 28001 Spain customerservice@formula