Terms and conditions

GENERAL PURCHASING TERMS AND CONDITIONS

This document contains the General Terms and Conditions governing the contract which will bind you to MOTORETA Moda Infantil S.L. . We thus ask you to read these carefully, reminding you that we are available to clear up any doubts that you may have, through our Customer Service at shop@motoreta.es .

You can also get in touch with us by e-mail at the following address: shop@108.179.231.113, or by post at the following address C / Arrayan 40, local C 41003 Sevilla, Spain. We will be delighted to help you in settling any doubt, enquiry or suggestion that you may have.

MOTORETA Moda Infantil, S.L. reserves the right to review and modify these General Terms and Conditions at any time, and you will be bound by the terms in force at the time when you place the order.

1 -. COMPANY INFORMATION

The General Terms and Conditions given herein are the sole terms applicable to use of this website, whose sole owner is MOTORETA Moda Infantil, S.L., a company under Spanish law, located in Calle Lucero, número 2, Sevilla, CIF B90062563.

2. PRODUCT INFORMATION

All the products on our web page have detailed information about the available colours, size and materials used, as well as photos of the product. If you detect any inaccuracies, please let us know by sending an e-mail to shop@motoreta.es so we can correct it.

Custom made products
Pages will include information on the models, colours and materials availables and a request for the customers measurements necessary for making the product. Please take and type in your measurements correctly, as the products made to the customers measurements are non-refundable, as they are excluded from the scope of the consumers legislation on withdrawal rights.
Please note that import duty and VAT can apply for deliveries outside of the EU. We have no control over these charges and cannot calculate what they might be as customs policies differ widely from country to country.
The shipping cost are not included and will be added to the cost of your purchase before you make the final payment for it. You can check shipping cost on the shipping rates list (link to shipping rates list).
The product page contains information on the time necessary for making the item and the delivery times.
The same terms and conditions apply to products on sale or to special offers unless otherwise stated.

Prices
The price of products is as stated on this website. In the event of MOTORETA detecting any error as regards the price, we will get in touch with you immediately, offering you the chance to cancel the order made or to replace your order with the proper price. If it were not possible to get in touch with you for three days from when MOTORETA learns of this error we would proceed to cancel the order and refund you the sums paid.
The prices that are included in the web page include the V.A.T. but exclude the shipment costs, which will be added to the total amount due for purchase of the product. The national and EU shipment costs include the V.A.T.
Nevertheless, for purchases made from the Canary Islands, Ceuta and Melilla, the V.A.T. will be deducted from the price of the products but the amount due for applicable taxes will have to be added, as well as any duties or customs dues, where applicable, which will be for the purchaser’s account.
The costs of customs, duties, taxes and any other sum which have to be paid to perform delivery of the products in a country which is not a member of the European Union will be for your account.
Payments with credit cards will be made online. MOTORETA guarantees that it uses secure payment systems of top-level financial institutions in electronic commerce. As a complementary measure and to cooperate in preventing fraud by electronic channels, MOTORETA reserves the right to verify your data and adopt any means it considers fit (including cancellation of the order) so that the product is delivered in accordance with the details that you gave in your order.

Guarantee of the products
All the products supplied by MOTORETA have the guarantees demanded by current legislation in the sphere of consumers and users, namely Legislative Royal Decree 1/2007, of 16 November, which passed the newly recompiled text of the General Law for Consumers and Users and other complementary laws.
To make this guarantee effective, it is vital to keep the document or supporting document for the purchase given you by MOTORETA.
In accordance with what is laid down in Section 116 of this Legislative Royal Decree 1/2007, users are hereby informed that the photographs of the products offered are only for illustration purposes and meant as a guideline, thus possibly differing from the original. The descriptions and illustrations of the items offered over the www.motoreta.es website are not of contractual nature but merely informative.
In the event of an item having any flaw or defect during the guarantee period, you must immediately inform MOTORETA of this by sending an e-mail to the Customer Service in order for us to be able to manage the incident properly as soon as possible.

3.- ORDERS

The products offered by MOTORETAS will be available and distributed to the following countries:
Spain, Portugal, France, Italy, Holland, Switzerland, Belgium, Luxembourg, UK, Germany, Austria, Denmark, Finland, Sweden, Norway, Iceland, Russia, Bulgaria, Slovakia, Rumania, Slovenia, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Greece, Croatia, Cyprus, U.S.A, Canada, Japan, South Korea, Taiwan, China, Hong Kong, Singapore, Australia, New Zealand. South Africa, Mexico, Colombia, Bolivia, Brazil, Argentina, Chile, Costa Rica, Turkey, India, Israel, Kuwait, Lebanon, Qatar, Saudi Arabia, UAE

To place your order you must go through the on-line purchasing procedure and accept payment. After formalizing this step you will receive an electronic mail confirming acceptance of the order. We are available to clear up any doubts that you may have abour orders through shop@motoreta.es .

MOTORETA will supply the products subject to their availability. Consequently, if it were impossible to supply the products included in the order made for any reason, MOTORETA will give you information about alternative products with similar features, quality and price, reserving you the right to accept the replacement product that MOTORETA offers you. As an alternative, if you are not interested in the product offered by MOTORETA, we will proceed to refund any sum which you have paid in accordance with Section 104 of Legislative Royal Decree 1/2007.

4. PAYMENTS

The customer can use any of the payment methods available on our page when placing an order. The customer’s payment is pending until the 15 days delivery and withdrawal times expire (if they meet the requirements stated by the law). In such cases, MOTORETA agrees to give a refund with the same method of payment used by the customer within the shortest time possible.

Users can pay by bank transfer, Credit Card or Paypal. If paying by bank transfer, the sending of the receipt of the transfer shall be taken to the order.

MOTORETA guarantees that it uses secure payment systems of top-level financial institutions in electronic commerce. As a complementary measure and to cooperate in preventing fraud by electronic channels, MOTORETA reserves the right to verify your data and adopt any means it considers fit (including cancellation of the order) so that the product is delivered in accordance with the details that you gave in your order.

 

5. DELIVERY

Products will be sent to the address provided by the user using Courier services. In order to optimize the delivery we advise to supply an address where the order can be delivered during working hours. If we do not comply with the delivery times stated on the product page, except in case of a reason beyond our control, you may cancel the order.

Please do not accept any packages that are damaged or show signs of having been opened. Make a claim to the carrier and send us a copy of the claim.

MOTORETA will not be liable for any non-compliance or delay on the grounds of force majeure, understanding force majeure to mean any act, event, omission or accident which is beyond our reasonable control. MOTORETA will not be liable either for the acts of the courier companies that it uses for making the delivery of its products at any time. The couriers will make two attempts at delivery to the address stated and your order will be returned to MOTORETA after these two attempts, should they be unsuccessful. In this last case, MOTORETA reserves the right to collect or withhold any sum due for compensation of damages which it has undergone as a result of the impossibility of delivering the goods.

It is in MOTORETA interest to ensure your satisfaction with the service rendered, for which reason we will make every effort to follow up the obligations and commitments taken on with you.

 

6.- PURCHASE CANCELLATION AND RETURN POLICY

Once you order has been shipped or has left our facilities you can not cancel or change it until it has been delivered you. Then you can

MOTORETA accepts returns and exchanges within 7 days from receipt of your order. If an item is not going well, you have chosen the wrong size or you don’t like the item you ordered, you can change to another or refund your money in a very simple way as you see in the following cases:

CodSituationTechnicalPractical problemsSolution
1Not receivedNot sentThere was an error in stock and the product is no deliveredRefund (1)
2Not receivedLost during deliveryCourier has lost the productRefund (1)
3Non compliantWrong sizeI ordered a 2, you sent me a 2 but I made I mistake and I want a 3Change. Send an email to shop@motoreta.es, probably we can find a solution (2)
4Non-compliantWrong sizeI ordered a 2 and you sent me a 3Refund or new delivery (1)
5Non-compliantWrong ColourI ask for a red dress and you send me a yellow oneRefund or new delivery (1)
6Non-compliantDefective productThe backpack was brokenRefund or new delivery (1)

(1) In these cases MOTORETA will assume the shipping costs.
(2) In these circumstances you are responsible for the return shipping costs.

As laid down in Section 71 of aforementioned Legislative Royal Decree 1/2007, you have seven working days from reception of the item to make use of your right to cancel and be able to return the article that you have purchased from MOTORETA. Any returns must previously have been accepted by MOTORETA.

For this reason, MOTORETA will proceed to refund the price paid for the products, in the terms and on the conditions detailed below, or will proceed to credit your user account for use in future purchases (valid for 6 months), as you may wish.

You may only return products which are in the same condition as they were when you received these. MOTORETA will not make any refund nor accept the return of any products if the item has been used, is not labeled, has undergone some damage or is not in its original packaging, for which reason we request you to be careful with the product until you process its return.

To be able to proceed to process the return of products you must get in touch with us so we can give you the information and documents required to go through with the return. In any event we will supply the contact details of the transport company so that you can handle the collection of products for return with them directly.

In the event of this being a return at your own choice, you will have to defray the return expenses due to send the products to MOTORETA in accordance with Section 101 of Legislative Royal Decree 1/2007.

In the event of this being a return due to an error, a faulty product or the fault of MOTORETA, this return will not entail any additional cost for you.

After receiving the product, MOTORETA will examine this and will let you know if the return is applicable or not in view of the state in which the product is in. The refund will be made within 30 days from the date on which you requested the return, in accordance with Section 76 of Legislative Royal Decree 1/2007, and by the same means as used for making the payment.  The rights recognized by current legislation are in any event safeguarded.

Please send your parcel to:
MOTORETA
PEASS AVDA ASTRONOMIA SN LOCAL 76
41015 SEVILLA
SPAIN
+34 954 371 156

7. Other conditions
MOTORETA reserves the right to change prices, products, offers and commercial conditions.
All MOTORETA products include Value Added Tax (VAT), excluding any other fee, charge, or tax.

PRIVACY POLICY AND DATA PROTECTION

Any personal details you provide will be incorporated into a personal file owned by MOTORETA, S.L. with the purpose of managing the users’ register on this page, giving them access to all the sections and sending them advertisements. You grant your expressed and unmistakeable consent to the processing of the personal data as stated above by the service provider employed by MOTORETA, S.L..The user has the right to access, change, cancel or pose their data in compliance with the regulations kept at the following address  MOTORETA PEASS Avda Astronomia SN local 76 41015, Sevilla, España or at shop@motoreta.es

MOTORETA, S.L., guarantees that it has implemented all the pertinent security measures in its installations, systems and files. Also we guarantee the confidentiality of the personal data and that it will not be used for any other purpose than the stated above.

Any personal details you provide will be incorporated into a personal file owned by MOTORETA, S.L. with the purpose of managing the users’ register on this page, giving them access to all the sections and sending them advertisements.

INTELLECTUAL PROPERTY

This web page, including the source code and the contents developed by its owner or its contributors is protected by the current national and international intellectual property regulations. All rights are reserved. MOTORETA grants a limited license to the persons accessing its web page for using this. Said license will only be for personal and not commercial use, and all the warnings on copyright and intellectual property included on its website must be kept intact at all times.

MOTORETA furthermore reserves all the intellectual property rights connected with any part of its website (including, entailing no limitation thereby, any graphic designs and codes used in this, its trademarks, trade names, denominations or slogans) or the products supplied to its customers, which may be covered by protection according to current intellectual property legislation. Any act of reproduction, distribution, transformation or public disclosure as well as any kind of assignment of all or part of the content of this website is expressly forbidden.

If you consider that any of the contents of the web page infringe the copyright, please let us know by sending an e-mail to shop@motoreta.es so we can proceed to withdraw it.

APPLICABLE LEGISLATION AND JURISDICTION

Spanish legislation shall be applicable to any action taken on our website as well as for any purchases made over this, settlement of any disagreement being subject to the Spanish courts in Sevilla.