GENERAL CONDITIONS
1. PREAMBLE
These general conditions of sale between Bremaq Race Solutions, headquartered at RUA INDUSTRIA 13 ESPACO CULTIVA TABUA 3420 316, tax identification number 517437384 and contact: info@onoffracing.com, hereinafter referred to as ONOFF, and people who wish to make purchases through the website https://www.onoffracing.com/ hereinafter referred to as "User"
The parties agree that purchases made through the website https://www.onoffracing.com/ will be governed exclusively by this contract, excluding any conditions previously available on the website.
These general conditions of sale apply to any use and to all orders placed on the website https://www.onoffracing.com/ and at the respective addresses (hereinafter, https://www.onoffracing.com/) of ONOFF. By placing an order, you confirm that you accept these terms of sale, which will supersede all previous versions or any specifications made by you, including email correspondence.
2 ORDERS
2.1 PRODUCT OFFER
Products are presented in accordance with legal regulations and are as accurate as possible.
There may be differences between the Products shipped and those displayed on the Site or in the catalogue, particularly for Handcrafted Products, each of which is unique, and Products to which technical or technological modifications have been made. You may not cancel your order or refuse delivery due to such differences, provided they do not affect the essential characteristics or quality of the Products. However, we cannot guarantee that the color you see on the website or in catalogs will match the color of the product, as the color display depends in part on the browser and monitor you are using. ONOFF is not responsible for inaccuracies in the photos on the site.
2.2 ACCEPTANCE OF ORDER
By confirming your order, you are placing a firm order. The order becomes firm for ONOFF when the payment is validated and the order is registered.
3 - PRICE / PAYMENT
3.1 PRODUCT PRICES
Product prices are indicated in euros, including taxes relating to the sale of the product, including taxes.
3.2 SHIPPING CHARGES
Your products can be delivered by courier or parcel service. The shipping method will be specified when you place your order.
3.3 PAYMENT
Payment can only be made, and in full, at the time of order: credit (invoices in English only), gift card, unless otherwise specified on the order
Credit card payments are secured by the Payments system in accordance with international interbank regulations. This ensures that your online purchases are secure. ONOFF does not store your credit card information.
As part of an ongoing effort to combat online fraud, ONOFF may at times be asked to verify a customer's bank details or identity before a delivery can be made. When placing an order on the ONOFF website, the customer agrees to provide the necessary data or proof of identity. If a satisfactory answer is not given within the specified period, ONOFF reserves the right to cancel the order.
3.4 BILLING
The invoice sent to the buyer uses the information he entered in his customer account. The buyer can edit this data whenever he places an order through the website.
Commercial buyers should contact the QUOTE Department prior to placing a firm order to arrange for a commercial invoice to be issued. Business customers can provide ONOFF with all the information necessary to generate a business invoice, including the intra-community VAT number.
4 - DELIVERY
4.1 DELIVERY METHODS
After placing your order, the shipping method (carrier or package) will be specified.
Delivery by parcel service: your order will be delivered by express service. A courier will come to your home after the goods have been shipped. Packages are delivered to the doorstep of your building.
Packages will be delivered within 15 days from the date indicated on the "availability" page when placing your order.
Delivery by carrier: Your order will be delivered by a specialized carrier. Your products will be delivered with maximum protection. Our shipping department will contact you to arrange a delivery date within the time period indicated in your order summary.
If ONOFF shippers cannot deliver the products on the agreed date because you are not at home or if they were not informed of the special delivery requirements, you may have to pay additional shipping costs and/or your order may be cancelled.
Product risks are transferred to you upon delivery or attempted delivery by ONOFF shippers on the agreed date.
If some of the Products in your order are available at different times, we will offer delivery as soon as they are available. If you choose this option, the shipping costs established in point 3.2 will be applied to each shipment. Otherwise, your products will be shipped as soon as they are available.
4.2 ACCEPTANCE AND COMPLAINTS
Before signing for the shipment, you must check for damage, missing items, defects, or other nonconformities. It includes checking the condition of the packaging, the number of packages and the quantities, references, conditions and characteristics of the Products.
If you wish to file a claim, you must contact the ONOFF sender.
For the claim to be valid, it must:
List specific issues involving damaged or missing items on the delivery note. General statements like "subject to unpacking" fall short.
Send your complaint in writing, by registered letter with acknowledgment of receipt, to the ONOFF Customer Service, Rua INDUSTRIA 13 ESPACO CULTIVA TABUA 3420 316
Send your complaints in writing by certified mail with return receipt requested from the sender within 3 days of delivery, excluding holidays.
You must send a copy of the claim to ONOFF within the same period.
You must be able to provide proof that the claims are true and allow ONOFF, its shippers or any other person authorized by them to inspect the items. You must not intervene or allow third parties to intervene.
If your claim is accepted, the defective Product will be exchanged or refunded if the Product is not available from stock or from our suppliers. The returned Product must be delivered to the BUDGET shippers in perfect condition, in its original packaging, with all its accessories. Returns will not be accepted without the prior consent of ONOFF.
5. EXCHANGE POLICY
5.1 Right to terminate the contract
When entering into a contract as a consumer, the user has the legally enshrined right to terminate the Contract within 14 days after its conclusion without any justification.
The period for free termination of the Contract expires 14 days after the date on which the user, or a third party other than the carrier and indicated by the user, physically takes possession of the articles or, in the case of several articles that form part of a single order but are delivered separately, 14 days after the date on which the user, or a third party other than the carrier and indicated by the user, physically takes possession of the last item included in the order.
5.2 Contractual right to return products
The user may exercise his right to return the products as provided for in clause 5.1 above for the exercise of the right of free termination of the contract. In any case, the User must inform ONOFF of his intention to return the products and return the items within 30 days from the date of delivery.
5.3 Conditions for exercising the contractual right to return products
The user will not have a contractual right to return the products for the following items:
i. Customized Items
ii. Sealed products that cannot be returned for hygiene reasons, whose seal has been removed after delivery.
The contractual right of the user to return the products will apply exclusively to products returned in the same conditions in which they were delivered. No refunds will be made if the items have been used beyond opening, or if the items are not in the same condition as they were delivered, or if they have been damaged, so the user must take care of them. s) item(s) as long as they remain in your possession. Please return the products using or including their original packaging, instructions and other documentation, if any, that accompanies the items.
5.4 Return of defective items
If, at the time of delivery, the user considers that the article does not comply with the conditions stipulated in the Contract, he must contact our services through this questionnaire within the legally established period of two months, indicating the details of the product and the damage suffered, so that he can Let us show you how to proceed.
6 - USE OF THE SITE
6.1 INTELLECTUAL PROPERTY
All content on the ONOFF website, including but not limited to logos, trademarks, texts, photographs, images, drawings, models or graphics, is protected by international copyright laws. No content may be downloaded, copied, reproduced, republished, published, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. Doing so is punishable under the Intellectual Property Code and/or may be subject to civil liability and criminal prosecution.
6.2 LIABILITY OF USERS
Users agree that all access to and use of this onoffracing.com website and its content is at their own risk. ONOFF is not responsible in any way for failures, errors or computer viruses that affect access to this website, or any computer malfunction that occurs after accessing the website. ONOFF is not liable in any way for direct or indirect damages arising from accessing the website or downloading content, including images, text or video files.
6.3 DATA PROTECTION LAW
In order to register and process your order and / or respond to requests for information, ONOFF collects personal data.
You have the right to access, rectify, oppose and delete your personal data, in accordance with the Data Protection Act of January 6, 1978. To exercise this right, contact us using this form .
7- FORCE MAJEURE
Neither party can be held liable for a breach of any of its obligations, whether such breach is due to an unforeseen event beyond its control or an incident of force majeure, including, but not limited to, floods, fires, storms, shortages . of raw materials, transport strike, partial or total strike, or lockout. The Party affected by such events must inform the other party immediately, within five (5) business days after the occurrence of such event.
The parties agree that they will work together to determine the best way to complete the order while the force majeure incident persists.
If the incident of force majeure lasts for more than one (1) month, ONOFF may choose not to complete the order and must refund the purchase price of the order in question.
8 - MISCELLANEOUS
8.1 TEST:
By express agreement between ONOFF and you, the e-mail messages constitute evidence between the parties, as well as the automatic recording systems used on the site, namely regarding the nature and date of the order.
You can access the electronic contract signed with ONOFF, in accordance with the rules of common law. To do so, send an e-mail to the Customer Support Service with all the relevant information, namely the order number and your data (full name and address).
8.2 SEPARABILITY:
If any of the provisions of these general terms of sale are deemed invalid under applicable law, the remaining provisions will remain legal and enforceable.
8.3 NO WAIVER:
The fact that either party does not exercise any of its rights under these general conditions of sale, whether temporary or permanent, will not be considered a waiver of such rights.
8.4 TITLE
If there is difficulty in interpreting any of the titles of articles and chapters and any of the clauses, it will be considered that the titles do not exist.
8.5 MODIFICATION OF THE GENERAL TERMS OF SALE:
ONOFF reserves the right to modify these general conditions of sale. New versions will be indicated on the website.
The online version on the website at the time you place your order will supersede any previous version.
8.6 COMPLETE AGREEMENT:
These general conditions of sale and the summary of the order we send you constitute the entire agreement between us.
9. PRIVACY POLICY
The processing of your data is carried out in compliance with the legislation on the protection of personal data. The same, subject to computer processing, will appear in the COMPANY's database(s) and are intended for the registration and presentation of other products and services, as well as institutional information, to be made available by them.
Its provision is optional and is guaranteed, under the terms of the law, the right to access, rectify and cancel any data that directly concerns you, personally or in writing, directly to the address on the home page of this website.