1. GENERAL INFORMATION
The ownership of this website https://arstrialparts.com/, (hereinafter Website) is held by: , and whose contact details are:
Address: Calle del Clavel (ur el Alcor ii), 50, 28280 El Escorial (Madrid)
Contact telephone number: (+34) 615 985 397
Contact email: firstname.lastname@example.org
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (https://arstrialparts.com/) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that ARS TRIAL PARTS develops through the Website includes:
Retail trade of accessories and spare parts for land vehicles.
We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.
For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, the User accepts all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
To make use of this Website only to make enquiries and legally valid purchases or acquisitions.
Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.
The User may formalize, at its option, with ARS TRIAL PARTS the contract of sale of products and / or services desired in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the established means and in the established ways. They must follow the online purchase and/or acquisition procedure of https://arstrialparts.com/, during which various products and/or services may be selected and added to the shopping cart, basket or final purchase space and, finally, click on: "Place order".
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that ARS TRIAL PARTS has received your order or request for purchase and / or provision of service, ie, order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User via his or her personal connection space on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail and, where appropriate, via his or her personal connection space on the Website. Also, the User may, if desired, obtain a copy of your paper invoice, requesting it to ARS TRIAL PARTS using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on the page of the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, ARS TRIAL PARTS is not the manufacturer of the products sold or that could be marketed on the Website. Although ARS TRIAL PARTS makes every effort to ensure that the information displayed on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information to that which appears on the Website. Therefore, the User should not only consider the information provided by the Website, but also the information available on the labelling, warnings and/or instructions accompanying the product.
All purchase orders received by ARS TRIAL PARTS through the Website are subject to the availability of products and / or that no circumstances or force majeure (clause nine of these Conditions) affect the supply of the same and / or the provision of services. If difficulties arise in the supply of products or products are not in stock, ARS TRIAL PARTS undertakes to contact the User and reimburse any amount that may have been paid as a fee. This shall also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
However, and unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the shipping methods and costs available and freely choose the one that suits him/her best.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases in respect of which the User has already placed an order.
The accepted means of payment will be: PayPal and Bank Transfer
The User may also pay all or part of the purchase price with a gift card and/or a credit card issued by ARS TRIAL PARTS and/or ARS Research and Services S.L.ARS Research and Services S.L..
ARS TRIAL PARTS uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
If the means of payment is PayPal, gift card or credit card the charge will be made at the time ARS TRIAL PARTS sends a confirmation of the purchase order or purchase of products and / or services to the User.
In any case, by clicking on "Place order" the User confirms that the payment method used is their own, or that, where appropriate, is the legitimate holder of the gift card or credit card.
Purchase orders or purchases in which the User selects bank transfer as the method of payment will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by ARS TRIAL PARTS for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.
Using this method of payment, the User must ensure that he/she enters the exact amount of the purchase order correctly, as well as the account number and the transfer reference. In case of error, ARS TRIAL PARTS will not be able to validate the order, which will be cancelled.
In those cases in which it is necessary to physically deliver the contracted goods, deliveries will be made within the following territory: Spain (Peninsula, Balearic and Canary Islands), European Union and United Kingdom.
With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If, for any reason attributable to it, ARS TRIAL PARTS is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact ARS TRIAL PARTS to arrange delivery on another day.
If 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to ARS TRIAL PARTS, ARS TRIAL PARTS will understand that the User wishes to withdraw from the contract and the contract will be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User shall be refunded, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be charged to the User.
- Spain mainland: 6€. Free from 100€ purchase.
- European Union: 12€.
- United Kingdom: 18€.
- Balearic Islands, Canary Islands, Ceuta and Melilla: Consult us.
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when ARS TRIAL PARTS receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after full receipt of the amount paid by ARS TRIAL PARTS.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.
In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or supply, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.
7. TECHNICAL MEANS FOR CORRECTING ERRORS
The User is informed that in the event that it detects that an error has occurred when entering data necessary to process your purchase order on the Website, you can change them by contacting ARS TRIAL PARTS through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.
In any case, the User, before clicking on "Place order", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
In the cases in which the User acquires products on or through the Website of the owner, he/she has a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel said purchase within 14 calendar days without the need for justification.
This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the goods purchased on the ARS TRIAL PARTS Website or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the last of these goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was concluded.
To exercise this right of withdrawal, the User must notify its decision to ARS TRIAL PARTS. It may do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally state that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that ARS TRIAL PARTS makes available as part attached to these Conditions, however, its use is not mandatory.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.
In the event of withdrawal, ARS TRIAL PARTS will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which ARS TRIAL PARTS is informed of the User's decision to withdraw.
ARS TRIAL PARTS will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, ARS TRIAL PARTS may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User may return or send the products to ARS TRIAL PARTS at: Calle del Clavel (ur el Alcor ii), 50, 28280 El Escorial (Madrid).
And must do so without undue delay and, in any case, no later than 14 calendar days from the date on which ARS TRIAL PARTS was informed of the withdrawal decision.
The User acknowledges being aware that he/she shall bear the direct cost of returning the goods (transport, delivery), should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In the same sense governs the provision of a service that the User could hire on this Website, as this same law states that the right of withdrawal will not assist Users when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by ARS TRIAL PARTS, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
Return of defective products or delivery errors
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the stipulations of the contract or purchase order, and should therefore contact ARS TRIAL PARTS immediately and inform them of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for products that are returned because of a defect, where such a defect actually exists, will be refunded in full, including delivery costs and any costs incurred by the User in making the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, will always apply.
The User, as a consumer and user, has guarantees on the products you can purchase through this Website, in the terms legally established for each type of product, responding ARS TRIAL PARTS, therefore, by the lack of conformity of the same that is manifested within two years of delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by ARS TRIAL PARTS and possess the qualities presented therein; they are suitable for the uses to which products of the same type are normally intended; and they present the usual quality and performance of a product of the same type and which are fundamentally to be expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the two years following the delivery of the said products. In order to do so, the User must have retained all information regarding the warranty of the products.
However, to learn more about the After-Sales Service that ARS TRIAL PARTS offers to Users of the Website you can consult here:
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, ARS TRIAL PARTS accepts no liability for the following losses, regardless of their origin:
- any losses that were not attributable to any breach by you;
- business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
- any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between the parties.
ARS TRIAL PARTS also limits its liability in the following cases:
- ARS TRIAL PARTS applies all measures concerning to provide a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
- ARS TRIAL PARTS will act with the utmost diligence in order to make available to the company responsible for the transport of the product object of the purchase order. However, ARS TRIAL PARTS shall not be liable for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general, any others typical of the sector, resulting in delays, loss or theft of the product.
- Technical failures which, due to fortuitous or other causes, prevent the normal operation of the service via the Internet. Lack of availability of the Website for maintenance or other reasons, preventing the availability of the service. ARS TRIAL PARTS puts all the means at its disposal for the purpose of carrying out the process of purchase, payment and shipping / delivery of products, however disclaims liability for reasons not attributable to him, fortuitous event or force majeure.
- ARS TRIAL PARTS shall not be liable for misuse and / or wear of the products that have been used by the User. At the same time, ARS TRIAL PARTS will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
- In general, ARS TRIAL PARTS not be liable for any failure or delay in fulfilling any of the obligations assumed, when the same is due to events beyond its reasonable control, ie due to force majeure, and this may include, but not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and ARS TRIAL PARTS will have an extension in the deadline to fulfil them for a period of time equal to the duration of the cause of force majeure. ARS TRIAL PARTS shall use all reasonable endeavours to find a solution to enable it to fulfil its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with ARS TRIAL PARTS will be electronic (email or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that ARS TRIAL PARTS sends electronically comply with legal requirements to be in writing. This condition shall not affect the rights granted by law to the User.
The User may send notifications and / or communicate with ARS TRIAL PARTS through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Similarly, unless otherwise stipulated, ARS TRIAL PARTS may contact and / or notify the User in your email or postal address provided.
No waiver by ARS TRIAL PARTS of any specific legal right or action or failure by ARS TRIAL PARTS to require strict performance by the User of any of its obligations shall constitute or waive any other rights or remedies under any contract or the Conditions, or relieve the User from the performance of any of its obligations.
No waiver by ARS TRIAL PARTS to any of these Conditions or rights or actions arising from a contract shall be effective unless it is expressly stated that it is a waiver and is formalized and communicated to the User in writing.
If any of these Conditions should be declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.
13. ENTIRE AGREEMENT
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and ARS TRIAL PARTS in relation to the subject matter of the sale and purchase and supersede any prior agreements, understandings or promises made orally or in writing by the same parties.
The User and ARS TRIAL PARTS acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
15. APPLICABLE LEGISLATION AND JURISDICTION
Access to, browsing and/or use of this Website and contracts for the purchase of products through the same shall be governed by Spanish law.
Any dispute, problem or disagreement arising from or related to access, navigation and / or use of the Website, or the interpretation and enforcement of these Conditions, or sales contracts between ARS TRIAL PARTS and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may send ARS TRIAL PARTS their complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, ARS TRIAL PARTS has official complaint forms available to consumers and users, and that they can request ARS TRIAL PARTS at any time, using the contact details provided at the beginning of these Conditions (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between ARS TRIAL PARTS and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.