General Terms and Conditions

 

  1. General

These are the Terms and Conditions that govern access to and use of the content of the website www.upbikers.com, which, together with the Terms of Sale, the Privacy Policy, and the Cookie Policy, constitute the «Terms and Conditions».

The Terms and Conditions are general and govern the content and use of the Website as a whole. However, specific services or content on the Website may require the User to accept particular terms for access and use.

  1. Identification of the Website owner

The website www.upbikers.com is owned by MOTORBIKE DEVELOPMENTS, S.L. (the “Company”).

  • Registered address: Calle Jesús, 69-10ª 46007 Valencia, Spain
  • Phone: Email: rgpd@upbikers.com
  • VAT ID: B-98532864
  • Company registration details: Limited liability company registered in the Commercial Registry of Valencia, Volume 9626, Book 6908, Page 212, Sheet V-153826
  1. User: acceptance of the Website Terms and Conditions

A user is defined as any person who accesses, browses, or uses the content and/or services available on the Website at any time. From hereon, the user of this Website will be referred to as the “User” or “Users.” Any User who also purchases any product and/or contracts any service offered through the Website shall be referred to as a “Customer.”

The collection of products and services offered on the Website that may be acquired by the User will be referred to as “Products.”

Access to and use of the Website, and where applicable, the purchase of any Product offered therein by a User and/or Customer implies full acceptance of the Terms and Conditions without any condition or reservation.

The content and services offered by the Company are subject to change, and therefore, the Company reserves the right to modify the present Terms and Conditions without prior notice to adapt them to new content and to the applicable legislation at any given time. Likewise, the Company reserves the right to update, modify, or remove the information contained on the Website, as well as the Products offered and the configuration and/or presentation of its contents at any time, without prior notice, and without assuming any liability for doing so. Consequently, the User acknowledges and accepts the obligation to review and comply with the Terms and Conditions in force at all times.

In any case, it is assumed that accessing and using the Website and thus accepting the Terms and Conditions, including the Privacy Policy and any other specific terms and conditions that may apply to specific sections or services of the Website (including those related to Products), is carried out by persons over 18 years of age or, in the case of minors, under the proper supervision of their guardian or legal representative.

  1. Access to the Website and to content reserved for registered Users

Access to the Website is free and open. Registration is not required to access its content. However, Users may need to register to post comments in sections specifically designed for that purpose, as well as to purchase the Products offered on the Website. Likewise, Users may be required to provide personal data when they voluntarily wish to use any of the services offered that require it.

All data provided by the User in any section of the Website will be subject to the Company’s Privacy Policy.

In all cases, when the User chooses to register for any section or service offered on the Website, they agree to provide truthful and lawful information.

If the Company provides the User with a password, whether chosen by the User or not, the User agrees and is responsible for using it exclusively and maintaining its confidentiality, exercising due diligence to safeguard it and prevent it from being known by third parties who may impersonate their identity, thereby releasing the Company from any unlawful use resulting from failure to fulfill this obligation.

If the User becomes aware of unauthorized use of their password or learns of its loss, they agree to immediately notify the Company of the incident through the links specifically provided for this purpose on the Website and/or via the email address rgpd@upbikers.com.

In no case will the Company be responsible for the use of the password by unauthorized third parties or for its loss by the User.

  • User Registration

    • The User has the option to register on the Website by following the procedure described below. First, to create a new account or access an existing one, the User must select the button or link «My Account».

    If the User already has an account, they must enter their corresponding email and password in the «LOG IN» section to access it. Otherwise, the User wishing to create one must select the «REGISTER» option.

    By selecting the REGISTER option, the User must fill out a form by entering the required information (first name, last name, email, and password). The User may also authorize the Company to send commercial information by keeping the option «Yes, I want to receive information from MOTORBIKE DEVELOPMENTS» checked. Otherwise, they must uncheck this option. Finally, to complete the account creation, the User must select the «CREATE ACCOUNT» option.

    Once this process is completed, the User will be registered on the Website and will have their own account.

    The registered User may access a control panel at any time, from which they can manage their account and review and, if applicable, update the information previously provided by accessing the following sections: (i) Data and addresses, (ii) change password, (iii) current orders, (iv) order history, (v) pending orders, (vi) returns, (vii) my subscriptions, and (viii) log out.

    1. Use of the Website, its content, and services

    The User agrees to use the Website, its content, and services in accordance with these Terms and Conditions and, where applicable, any specific conditions, as well as to always comply with the law and any other legal or regulatory provision in force and applicable at any time.

    The use and access to the Website through any application, software program, or similar system that may damage or hinder its normal functioning is prohibited. This includes altering, deleting, or blocking the offered content or services, or any other mechanism that may affect them, especially those that may prevent third parties from accessing and using the Website, or any part of it.

    It is also prohibited to access the Website using programs or other computer mechanisms that, intentionally or unintentionally, may result in an overload of the resources used by the Company to keep the Website accessible to the public and/or that allow unauthorized access to sections of the Website not available to the general public or to the computer system where it is hosted, and/or that may introduce viruses or other malicious programs or scripts causing errors in the aforementioned computer system or in the operation of the Website itself.

    In all cases, the User agrees to make appropriate use of the Website’s content and services, especially in sections where participation is allowed. In these cases, the principles of good faith and respect toward other Users, the Company, and any third party shall also apply. The Company declines all responsibility that may arise from the exchange of information between Users through the Website. Likewise, the Company is not responsible for the access and use that minors may make of the content and services offered on the Website.

    In any case, the Company reserves the right, at its sole discretion and under any circumstances, to cancel, delete, or prohibit the use of some or all of the Website’s services to any User who has made improper or inappropriate use of the Website, contrary to what is provided in these Terms and Conditions or, where applicable, in the specific conditions of each service, or any applicable law at the time.

    Product Information: The descriptions of the different Products are made based on the information and documentation provided by the respective manufacturers and/or distributors.

    However, the photographs, descriptions, ratings, and other content found on the Website are included to illustrate and provide more information to Users, and do not represent, in any case, a specific recommendation from the Company nor that the purchased Product is exactly as shown in the images. Therefore, the depicted Products may show some differences and/or the illustrated use may not be the most suitable for the User’s and/or Customer’s expectations.

    All Products on the Website are marketed in and from Spain, regardless of the place of delivery, nationality, or billing address of the buyer.

    It is the sole responsibility of the User purchasing any Product from the Website to verify that (i) the Product is suitable for the intended use, and (ii) the Product complies with all regulatory requirements necessary for its use in the location intended by the User.

    Consequently, the User agrees to be solely responsible for using the acquired Product in any way different from the manufacturer’s recommendation and from the regulations applicable in their territory.

    In any case, the Company informs that any suggestion or recommendation for the use of a Product marketed on the Website for the practice of any activity is solely for illustrative and informational purposes. There may be certain restrictions and incompatibilities when such Products are used outside the territory of Spain. Therefore, under no circumstances does the Company guarantee the suitability or appropriateness of the Product for the practice of any specific activity other than that expressly foreseen and never when carried out outside of Spanish territory.

    1. Intellectual and Industrial Property

    «UPBIKERS» is a registered trademark in Europe under number 018377338. Consequently, the use of this trademark or any similar sign that may lead to confusion regarding its ownership or origin is expressly prohibited for third parties without the prior express written authorization of the Company. Likewise, the website www.upbikers.com is a registered domain owned by the Company and must not be used in a similar form or with other extensions unless prior, express, and written authorization is obtained from the Company, particularly when the aim is to offer products or services similar to those marketed by the Company. This is to avoid, among other things, the risk of consumer and user confusion regarding the origin of the products and/or services consumed and/or purchased.

    All intellectual and industrial property rights over the contents of the Website (“Intellectual and Industrial Property Rights”), including images and videos, texts, designs, applications, programs, code, etc., are the exclusive property of the Company or the Company is duly authorized by their rightful owner to use them.

    The total or partial reproduction of the Website or its content is expressly prohibited without the prior express written authorization of the Company. Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, or any other action that involves or may involve an infringement of the current Spanish and/or international legislation on intellectual and/or industrial property rights is prohibited.

    Therefore, the total or partial reproduction, distribution, public communication, or transformation of any content found on the Website without the prior express written authorization of the Company is strictly prohibited. Notwithstanding the foregoing, several contents or services of the Website may specify terms and conditions of use that are more or less restrictive, which shall prevail over these Terms and Conditions with regard to the content and/or services affected.

    The Company only authorizes referencing the content appearing on the Website in other websites or communications, provided that such websites or communications maintain the principle of good faith and respect and fully comply with applicable legislation and the rest of the Terms and Conditions, particularly concerning the prohibition of reproducing the content displayed on the Website for purposes other than those permitted in these Terms and Conditions, without the express prior written authorization of the Company.

    1. Links to third-party websites or content

    The Company informs the User that the Website may include content and/or links to third-party websites.

    The Company is not responsible for the content, services, scripts, functionalities, and other technical conditions that the User may encounter outside the Website and which may be accessible through links found within it. Such links are purely informative for the User, who is free to follow them at their sole discretion. In no case shall it be considered that the Company expresses approval, opinion, or any other representation regarding the content, products, services, etc., that may be found at the destination of said links outside the Website. Likewise, even if the Company establishes a content control system for content directly introduced by Users in spaces intended for Product reviews, the Company does not identify with nor is responsible for the content and form of such contributions, limiting itself to making its best efforts to ensure that such content does not violate these Terms and Conditions, any applicable specific terms, or any other applicable regulations, including morality and public order.

    1. Limited Liability and Warranties

    The Company undertakes to make its best efforts to maintain the Website in optimal operating conditions and to prevent server, programming, content, and service errors offered on the Website. However, the Company assumes no responsibility for any eventual errors, failures, or technical issues that may arise or appear and, therefore, does not guarantee full functionality or the content and/or services offered on the Website.

    Notwithstanding the above, the Company guarantees that the Website will not voluntarily include malware, viruses, or other scripts or programs of a malicious nature, and undertakes to inform, through its Privacy Policy, of any use of applications and other programs, scripts, etc., that collect User data which may subsequently be processed.

    The Company informs the User that several of the content and/or services offered on the Website may be provided by third parties and that, therefore, to access or use them, the User must also accept their (third-party) terms and conditions. In all cases, the User releases the Company from any liability concerning all matters related to third-party content and/or services that are explicitly identified as such (e.g., Criteo, validation by Twitter, Facebook, etc.).

    The Company may mention, refer to, and display statements, publications, and other information or graphic or audiovisual materials from third parties, for which it does not take responsibility in terms of accuracy, rigor, opinion, or quality.

    In any case, the Company is not responsible for any damages that may result from the discontinuity of services, content, and functionality of the Website, nor for any other anomaly presented by the Website, including viruses, malware, scripts, and malicious programs caused by unauthorized third-party interference or authorized third parties who are victims of interference by others.

    Regarding Customers, they accept that the Company acts solely as a marketer of the Products, except for those products and/or services in whose description the Company is expressly identified as the manufacturer or provider. Consequently, the Customer agrees to contact the manufacturer or service provider directly for any matters beyond the obligations assumed by the Company in these Terms and Conditions or those provided by applicable regulations.

    1. Secure Access

    Access to payment pages through TPV services, PayPal, or any other service offered on the Website will be made via a secure line managed and under the responsibility of the payment service provider chosen by the User/Customer.

    10.1 VISA or MASTERCARD Credit Card

    We guarantee that every transaction carried out on UPBIKERS.COM is 100% secure. All operations involving the transmission of personal or banking data are performed using a secure environment. UPBIKERS.COM uses a server based on standard SSL (Secure Socket Layer) security technology. All the information you transmit to us travels encrypted across the network. (For more information, visit our Secure Payment section).

    Furthermore, your credit card details are not stored in any database; instead, they go directly to the Bank’s POS (Point of Sale Terminal).

    Additionally, in an effort to provide greater security to credit card holders, we have incorporated the CES (Secure Electronic Commerce) payment system into our payment gateway. Therefore, if you are the holder of a “secured” card, you will always be able to make payments with VISA or MASTERCARD on our store.

    If your card is not part of this payment system, UPBIKERS.COM will only accept credit card payments (VISA or MASTERCARD) from customers with a previously demonstrated history of reliability.

    In both cases, when paying by VISA or MASTERCARD, you will always be asked to provide the following data: card number, expiration date, and a Validation Code, which corresponds to the last 3 digits printed in italics on the back of your VISA or MASTERCARD, thus providing greater assurance regarding the security of the transaction.

    Important: Credit card fraud is a crime, and UPBIKERS.COM will take legal action against anyone who makes a fraudulent transaction in our online store.

    11. Shipping

    11.1.- Transport

    Orders will be shipped using the following transportation methods depending on the delivery location:

    SPAIN (Mainland), PORTUGAL, FRANCE, ITALY, BELGIUM, NETHERLANDS, LUXEMBOURG, AND GERMANY: Urgent parcel delivery by courier.

    BALEARIC ISLANDS: GLS or another similar service depending on the shipping zone, at the discretion of MOTORBIKE DEVELOPMENTS, S.L.

    CEUTA, MELILLA, AND CANARY ISLANDS: Correos “Paquete Azul”.

    11.2.- Delivery Times

    The MOTORBIKE DEVELOPMENTS, S.L. WEBSITE (http://www.upbikers.com) will indicate the expected delivery time in hours or days for each item or product. This time will be calculated starting from the day after the order is processed, excluding non-working days (Saturdays, Sundays, and public holidays).

    Customers should note that these are always approximate and non-binding dates.

    It is the policy of MOTORBIKE DEVELOPMENTS, S.L. to deliver products within the established delivery times and even to shorten them whenever possible. Given that unforeseen or extraordinary circumstances may arise during shipping, potentially extending delivery times, we will contact you in such cases to inform you of the possible delay and the new estimated delivery date, which in any case will not exceed 30 days, our maximum delivery time.

    If we are unable to meet the maximum delivery time, we will inform you of your order status and you may choose either to maintain the order and accept the new delivery time or to cancel it. In the latter case, MOTORBIKE DEVELOPMENTS, S.L. will fully refund the amount paid, with no compensation due.

    If the order includes more than one unit or item, depending on its volume and circumstances, MOTORBIKE DEVELOPMENTS, S.L. may deliver it in several partial shipments at no additional cost to the customer, in order to optimize delivery times.

    For the following destinations, approximate delivery times are:

    FRANCE, ITALY, BELGIUM, NETHERLANDS, LUXEMBOURG, AND GERMANY: 5 days

    BALEARIC ISLANDS: 3 or 4 days

    CEUTA, MELILLA, AND CANARY ISLANDS: 7 to 9 days

    11.3.- Shipping Costs

    11.3.1.- Mainland Spain and Portugal:

    For orders equal to or greater than €130, no shipping costs will be charged, meaning shipping is free for you.

    For products marked with the FREE SHIPPING logo, shipping will also be free even if the order total is less than €130. You may also add other products to the cart alongside them, which will likewise not incur shipping costs.

    For orders under €130, shipping costs (VAT included) are as follows:

    MAINLAND/PORTUGAL: €10

    11.3.2.- Balearic Islands:

    For orders equal to or greater than €260, no shipping costs will be charged, so shipping will be free for you.

    Shipping costs (VAT included) for orders under €260 are:

    BALEARIC ISLANDS: €10

    11.3.3.- Ceuta, Melilla, Canary Islands, France, Italy, Belgium, Netherlands, Luxembourg, and Germany:

    CEUTA, MELILLA, AND CANARY ISLANDS (*): €15.

    Under no circumstances will MOTORBIKE DEVELOPMENTS, S.L. be responsible for taxes, tariffs, or customs clearance charges in these regions; such costs must be borne by the customer.

    FRANCE, ITALY, BELGIUM, NETHERLANDS, LUXEMBOURG, AND GERMANY (*): €12

    For the specified destinations (*), if the order includes bulky items or multiple packages, shipping costs may vary. You can simulate the shipping cost in the shopping cart.

    11.3.4.- Import Duties and Taxes in Non-European Union Countries

    MOTORBIKE DEVELOPMENTS, S.L.shall not be responsible for any import costs, taxes, duties, or other charges incurred in the destination country of the goods. These costs and charges are the sole responsibility of the buyer, who agrees to pay them in accordance with the laws and regulations in force in the destination country.

    11.4.- Risks

    Whenever MOTORBIKE DEVELOPMENTS, S.L. sends the purchased goods to you, it is understood that the risk of loss or damage to the goods transfers to you when you or a third party indicated by you, other than the carrier contracted by MOTORBIKE DEVELOPMENTS, S.L., takes physical possession of them.

    If you receive the package showing signs of having been tampered with or damaged, please indicate this on the carrier’s delivery note and check the products in their presence. Do not sign the delivery note without recording these issues, even if the material appears to be in perfect condition.

    IMPORTANT NOTE: MOTORBIKE DEVELOPMENTS, S.L. will not accept claims regarding shipments more than 24 hours after the package has been received. Claims must be made within this time frame via email to info@upbikers.com.

    11.5.- RETURNS

    11.5.1.- Information on your right of withdrawal

    We would like to inform you that, as a consumer or user under applicable law, you have the right to withdraw from this contract within 15 calendar days without providing any reason.

    The withdrawal period will expire 15 calendar days after the day on which you or a third party indicated by you, other than the carrier, takes physical possession of the goods.

    To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unequivocal statement, which you may send to us by email at info@upbikers.com indicating the order number. A model withdrawal form is provided in section 2.2 below, but its use is not mandatory.

    11.5.2.- Model withdrawal form

    To the attention of MOTORBIKE DEVELOPMENTS, S.L.:

    I hereby give notice that I withdraw from my contract of sale for the following good:

    – Order No. (…)

    – Name of the consumer and user

    – Address of the consumer

    – Date


    11.5.3.- Conditions for returning goods

    Returned products must be in perfect condition, with all tags attached, in their original packaging, and include any manuals, accessories, or promotional gifts, if applicable. Seals or blister packaging must remain intact and not be removed.

    THE PRODUCT TO BE RETURNED MUST BE WRAPPED IN ITS ORIGINAL PACKAGING, ENSURING IT IS PACKED IN THE SAME MANNER AS RECEIVED, to prevent damage during transport. It is very important not to apply tape or adhesive directly to the product’s packaging. First wrap the item similarly to how MOTORBIKE DEVELOPMENTS, S.L. sent it. If the product arrives in conditions contrary to these guidelines, MOTORBIKE DEVELOPMENTS, S.L. may refuse the refund and reserves the right to apply a devaluation of up to 20% for breakage or damage to the original packaging. The customer would bear the shipping cost should they disagree and request the product be returned.

    Improper use of any product, beyond what is deemed normal in a motorcycle accessories store (e.g., marks on the sole of UPBIKERS), will be considered an abuse of the right of withdrawal. In such cases, MOTORBIKE DEVELOPMENTS, S.L. reserves the right to devalue the product or refuse the return if it does not arrive in optimal condition for resale.

    If you purchase a product that includes a promotional gift or extra discount due to the main purchase, upon exercising your right of withdrawal you must also return any associated promotion or gift. If you choose not to return any of the items, you must pay for them at the price listed on the website (http://www.upbikers.com) at that time.

    11.5.4.- Consequences of withdrawal

    If you withdraw from this contract, we will reimburse all payments received using the same payment method used for the initial transaction, unless you expressly specify otherwise. The refund will not be processed until the goods have been received and checked at our facilities to ensure compliance with the conditions outlined above.

    For returns, the customer must return or deliver the goods at their own expense to MOTORBIKE DEVELOPMENTS, S.L., Calle Jesús, 69-10ª 46007 Valencia, without undue delay and in any event no later than 14 calendar days from the date you inform us of your decision to withdraw.

    The direct return cost shall be borne by the customer as established in section 11.5.5 below.

    You will be responsible for any reduction in value of the goods resulting from handling beyond what is necessary to determine their nature and characteristics, beyond what would be considered normal in our own facilities. In such cases, the amount of the reduction in value will be deducted from the reimbursement.
    11.5.5.- Direct Return Shipping Costs

    The shipping costs to MOTORBIKE DEVELOPMENTS, S.L. for products the customer wishes to return shall be borne by the customer.

    11.6 – PRECAUTIONS TO CONSIDER WHEN RETURNING A PRODUCT

    The product returned to MOTORBIKE DEVELOPMENTS, S.L. is the responsibility of the customer and must be properly packaged to ensure that both the product and its original packaging are not damaged during transport, in the same manner as MOTORBIKE DEVELOPMENTS, S.L. sends its products, since the same product must be in perfect condition for resale.

    If the product arrives in conditions contrary to the above, MOTORBIKE DEVELOPMENTS, S.L. will deduct 20% due to damage or defects in the product’s original packaging.

    11.7 – PRECAUTIONS TO CONSIDER AT THE TIME OF DELIVERY

    If the package shows signs of being tampered with or damaged, please note this on the carrier’s delivery slip and inspect the products in their presence. Do not sign the delivery slip without recording these issues, even if the material appears to be in perfect condition.

    IMPORTANT NOTE:

    We cannot accept claims related to shipments more than 24 hours after the package has been received. Claims must be submitted via email to: info@upbikers.com.

    No replacement or reshipment of products will be made until the item being returned or exchanged has been received and its condition, packaging, and accessories verified at our warehouse.

    11.8.- WARRANTIES

    MOTORBIKE DEVELOPMENTS, S.L. offers a contractual warranty on its products under the legally established terms for a period of two years from the date of delivery, except for products that specify a different period.

    You are legally required to inform us of any non-conformity of the product within two months of becoming aware of it. Failure to do so will make you liable for any damages or losses caused by the delay in notification.

    MOTORBIKE DEVELOPMENTS, S.L. will cover all transportation costs during the 2-year term of the contractual warranty from the date of delivery. If the warranty claim is denied, the customer will be responsible for the shipping costs to the manufacturer and the return to their address.

    IMPORTANT: To process a warranty claim, it is essential to have the purchase invoice, as it serves as the proof of purchase for the product.

    However, the warranty applies solely and exclusively to manufacturing or material defects in UPBIKERS.
    12. Miscellaneous

    These Terms and Conditions contain the entire agreement between the User and the Company regarding the contractual subject matter.

    The User will always have access to the Terms and Conditions in a visible and easily accessible location on the Website. It is the User’s responsibility to carefully read the current Terms and Conditions at all times as a prior and essential step before using the Website and/or purchasing Products through it.

    In the event that any provision of these Terms and Conditions is declared invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect. The invalid or unenforceable provisions shall be replaced with valid and enforceable provisions that most closely fulfill the objectives of the invalid or unenforceable ones.

    The failure or delay in exercising any right or power granted by these Terms and Conditions shall not constitute a waiver of such right or power by its holder, nor a modification of the Terms and Conditions, even if such failure or delay occurs on one or more occasions. In any case, a waiver of any right or power or a modification of the Terms and Conditions shall only be effective if made in writing and signed by the waiving party or by a person duly authorized to act on their behalf.

    13. Applicable Law and Jurisdiction

    Any matter regarding the interpretation, enforcement and/or validity of these Terms and Conditions and/or any applicable specific conditions arising between the User and the Company shall be analyzed, firstly, in accordance with these same Terms and Conditions and specific conditions, and secondly, in accordance with the regulations of the Region of Valencia and, subsidiarily, with the applicable Spanish legislation in force at any given time.

    In case of any conflict between the User and the Company arising from and/or related to the Terms and Conditions, the parties expressly agree to submit to the competent Courts and Tribunals of the city of Valencia and/or those corresponding to the consumer’s domicile.

    14. Suggestions, Comments, Complaints and Claims

    Your comments and suggestions are always welcome. Please send us such comments and suggestions, as well as any inquiries, complaints, or claims, through our contact methods:

    • By email: rgpd@upbikers.com
    • Through the contact section on the website: contact
    • By postal mail to MOTORBIKE DEVELOPMENTS, S.L., Calle Jesús, 69-10ª 46007 Valencia, Spain.

    Additionally, we provide our customers with the link to the European Commission’s platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES), in accordance with the ODR Regulation for consumer disputes, which states that traders established in the EU who enter into online sales or service contracts must provide an electronic link to the online dispute resolution platform on their websites.