General Terms and Conditions of Service
OBJECT
These General Terms and Conditions of use, Privacy and Sales Policy (hereinafter the "General Conditions") regulate the use of the www.modelixracing.com website (hereinafter the "Website") that MODELIX RACING, S.L. (hereinafter "MODELIX RACING") has made available to all people accessing to its Website in order to provide information about products and services, own or third parties, and gain access, as well as contracting goods and services through the same Website (collectively, referred to as "Services").
MODELIX RACING, with registered address at Calle Remences, 90, 08304 Mataró (Barcelona) is a private limited liability Spanish company, owner of this web site which use is covered by this document, with CIF B61910592, registered in the Trade Register of Barcelona, Volume 31.966, Folio 34, Sheet number 202.782, First inscription. To contact with MODELIX RACING, you can use the indicated mailing address, as well as the e-mail address info@modelixracing.com. Due to the very nature of the Website, as well as its contents and purpose, practically all navigation that can be carried out by the same has to be made enjoying the condition of Client, which is acquired according to the regulatory procedures. Therefore, the Client’s condition constitutes the adhesion to the General Conditions in the version published at the time of access to the Website. MODELIX RACING reserves the right to modify, at any moment, the contents and configuration of its Website, as well as the present General Conditions. MODELIX RACING therefore advises the Client to read these General Conditions of use carefully each time the Website is accessed.
In any case, certain Website pages may be accessed by the general public, in which MODELIX RACING also wishes to comply with its legal obligations, as well as regulate the use of the same ones. In this sense, users who access these Website areas agree to be subject, by accessing said pages, by the terms and conditions contained in these General Conditions, insofar as that may be applicable.
Finally, by the very nature of this Website, it is possible to modify or include changes in the content of these General Conditions. Therefore, the Client, as well as other users who do not enjoy this condition, are bound to access these General Conditions every time they access the Website, assuming that the corresponding conditions that are in force will be applied at the time of their access.
ACCESS AND SAFETY
The access to the Services requires a pre-registration of users by sending an email with all required information to info@modelixracing.com. Ones accepted, Modelix Racing will send the login details to the Client and they will be considered as Clients.
The user ID will consist of his/her email address and a password. To access the user’s own account, he/she will need to include this ID as well as a password that must contain at least 4 characters.
The use of a password is personal and non-transferable, not being permitted to transfer, even temporary, to third parties. In this regard, the Client undertakes to make diligent use of his or her password, as well as to maintain it in confidentiality, assuming all responsibility for the consequences of its disclosure to third parties.
On the assumption that the Client knows, or suspects, that the password is being used by third parties, he/she must change it immediately, following the instructions indicated in the Website.
PROPER USE OF THE SERVICES
The Client undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of illustration and not limitation, agrees to abstain from:
- Using the Services to ends or effects in an illegal, immoral way or contrary to generally accepted norms of decent behavior and public order.
- Reproducing or copying, distributing, permitting access from the public by any means of public communication, transforming or modifying the Services, unless prior authorization has been obtained from the titular owner of the corresponding rights or it is legally permitted.
- Performing any act that may be considered an infringement of any intellectual or industrial property rights belonging to MODELIX RACING or to third parties.
- Using the Services and, in particular, the information of any kind obtained through the Website to send publicity, communication for direct sales purposes or for any other commercial purpose, unsolicited messages directed at a group of persons, independently of the objective, as well as to commercialize or otherwise disclose said information.
The Client shall be liable for damages of any nature that MODELIX RACING might suffer, on the occasion or as a result of breach of any of the above obligations as well as any others included in these General Conditions and/or those imposed by Law in relation with the use of the Website.
In the event of the presumed commission, complete or partial, of any of the offences or misdemeanors specified in the Penal Code currently in force, or the observance of behavior MODELIX RACING considers contrary to these General Conditions, the General contracting conditions that operate this Website, unethical behavior or contrary to the order, morals or the internal regulations of MODELIX RACING or its contributors that could interfere with the functioning, good name, credibility and/or prestige of MODELIX RACING or its contributors, MODELIX RACING will be entitled to interrupt access to the Services or exclude Clients from the Website at its complete discretion.
PROPERTY RIGHTS
All contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are MODELIX RACING or third parties’ exclusive property, whose rights in this regard legitimately bear MODELIX RACING, being therefore protected by national and international legislation.
It is strictly forbidden to use all elements of industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompiling.
The breach of any of the rights commented above could constitute a violation of the corresponding dispositions, as well as a punished crime according to the articles 270 and the following ones from the Penal Code.
Clients who send observations, opinions or comments through the e-mail service or by any other mean to the Website, in cases where the nature of the Services makes this possible, it is understood that authorize MODELIX RACING for reproduction, distribution, public communication, transformation, and the exercise of any other exploitation right, of such observations, opinions or comments, for all the time of copyright protection legally provided and without territorial limitation. It is also understood that this authorization is made free of charge.
Any claims that may be brought by Clients regarding possible breaches of intellectual or industrial property rights over any of the Services of this Website must be sent to the following e-mail address: info@modelixracing.com.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
Irrespective of what is established in the General Conditions of Contract regarding to the procurement of goods contained in this Website, MODELIX RACING reserves the right not to be responsible for the accuracy, reliability and quality of this Website, its services, information and materials. All such information, services and materials are provided as is and as available with no warranty of any kind.
MODELIX RACING reserves the right to quit the access to this Website, as well as the provision of any or all of the Services provided through it at any time and without previous notice, either due to technical reasons, security, control, maintenance, power failure or any other justified cause.
Therefore, MODELIX RACING does not guarantee the reliability, availability or continuity of its Website, or of its Services, so its use by the Client is made under his/her own decision and risk and, MODELIX RACING cannot be held responsible in that sense at any time.
MODELIX RACING will not be liable for any interruptions of the Services, delays, errors or malfunctions of these Services, and in general, other inconveniences arising from causes beyond the control of MODELIX RACING, and/or due to negligence or willful misconduct of the Client and/or which has origins, due to force majeure. Without prejudice of that established in Article 1105 of the Spanish Civil Code, included also in the concept of Force Majeure, furthermore and to the effects of the present General Conditions, are all those events that may occur beyond the control of MODELIX RACING, such as: third party, operators' or service companies' mistakes, Government acts, lack of access to third party networks, acts or omissions of public authorities and others produced as a consequence of natural phenomena, power cuts, etc., and hacker attacks or specialized third parties on security or integrity of the computer system, always providing that MODELIX RACING has adopted all reasonable measures of security in accordance with the latest technological developments. In any case, whatever its cause, MODELIX RACING will not assume any responsibility for direct or indirect damages, emergent damages and/or loss of profit.
MODELIX RACING excludes any liability for damages of any nature that may be due to the lack of truthfulness, accuracy, completeness and/or topicality of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the Website as well as for the Services provided or offered by third parties or entities. MODELIX RACING will try as much as possible to update and rectify any information stored on its Website that does not fulfil with the minimum guarantees of truthfulness. Nevertheless, it will be exonerated of responsibility for its non-update or rectification, as well as for the contents and information expressed in its Website. In this sense, MODELIX RACING is not under the obligation to control, and does not control the contents transmitted, disseminated or made available to third parties by the Clients or collaborators, except in cases where this is required by current legislation or when required by the relevant Legal or Administrative Authority.
Likewise, MODELIX RACING excludes any liability for damages of any kind that may be due to the presence of a virus or to the presence of other harmful elements in the contents that that might lead to alterations in the computer systems, electronic documents or files
MODELIX RACING is not responsible for the use that the Client makes of the Services of the Website or its passwords, as well as any other material included on the Website, infringing the rights of intellectual or industrial property or any other right of third parties.
The Client is hereby obliged to maintain MODELIX RACING harmless, out of any damage, claim, sanction, expense (including, without limitation, attorneys' fees) or civil, administrative or any other liability that could be MODELIX RACING related to non-compliance or partial or defective compliance on the part of what is established in these General Conditions or in the applicable legislation, and especially in relation to their obligations regarding the protection of personal data collected in these conditions or established in the LOPD and development regulations.
LINKS TO OTHER WEBSITES
MODELIX RACING does not guarantee or assume any kind of responsibility for damage suffered by accessing third party's Services through connections or links of related sites and does not make any representations regarding accuracy or reliability of materials on such third-party websites. The function of the links that appear in MODELIX RACING is exclusively to inform the Client about the existence of other sources of information on the Internet, where you can extend the Services offered by the Portal. MODELIX RACING will under no circumstances be responsible for the results obtained through said links or for any consequences deriving from Client access to them. These third party Services are the property of the said third parties, so MODELIX RACING is unable to supervise and does not supervise the legality of the Service nor their quality. Consequently, the Client must display extreme caution in the valuation when assessing and using information and services that exist on third party contents.
APPLICABLE LAW AND JURIDICTION
In the event of any litigation or interpretation concerning that may arise, Spanish law will apply and in case of dispute, both parties agree to submit, with waiver of any other jurisdiction that may correspond to the jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain).
Prices:
The prices published in MODELIX RACING are in Euros and are valid, except for typographical errors. All prices do not include VAT.
Different payment options:
When placing an order in MODELIX RACING, the client may feel free to choose among the paying of purchase by:
- Credit card (Visa and MasterCard).
- Bank transfer.
Product:
MODELIX RACING reserves the right to modify the product range according to the difficulties imposed by its suppliers.
The photographs, graphics and descriptions of the products offered for sale are only indicative and do not compromise in any way the seller MODELIX RACING.
Shipments:
- The products purchased will be delivered to the address given by the person in the order.
- By default, the bills are sent to the email address specified by the client at the time of his/her high in MODELIX RACING.
- The order collection and delivery service is unavailable on Saturdays, Sundays and bank holidays.
- However, such delay will not entail cancellation of the order or compensation of any description.
- An order is considered delivered at the time the transport delivers the package or packages to the client and the client signs the delivery receipt document. It is up to the client to check the status of the merchandise upon receipt of all anomalies in the delivery receipt.
If the cancellation of the order is made before the goods departure the client will not afford any expenses. In the event of a cancellation after the order has been shipped, the client will be responsible for the shipping and return costs of the order.