General terms and conditions

 

  1. General

These are the Terms and Conditions that regulate the access and use of the contents of the website www.upbikers.com which, together with the Terms and Conditions of Sale, Privacy Policy and Cookies Policy, constitute the “Terms and Conditions”.

The Terms and Conditions are of a general nature and regulate the content and use of the Website as a whole. Notwithstanding the foregoing, some service or specific content of the Web may require for its access and use the acceptance of certain terms and conditions by the User.

  1. Identification of the owner of the web site

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

  • Tax domicile: Calle Jesús, 69-10ª 46007 Valencia, Spain
  • Phone: E-mail: rgpd@upbikers.com
  • VAT ID: B-98532864
  • Registration Data: Limited liability company, registered in the Mercantile Registry of Valencia, Volume 9626, Book 6908, Folio 212, Page V-153826.
  1. User: Acceptance of the Terms and Conditions of the Website

A user shall be understood to be any person who accesses, browses or uses the contents and/or services that may be found on the Web at any given time. Hereinafter, the user of this Website will be referred to as “User” or “Users”. The User who also acquires any product and/or contracts any service offered through the Web will be called “Client”.

All the products and services offered on the Website and which may be purchased by the User shall be referred to as “Products”.

The access and use of the Website, and if applicable the purchase of any Product offered on the Website, by a User and/or Customer, implies the acceptance by the User and/or Customer of all the Terms and Conditions without any condition or reservation.

The contents and services offered by The Company are of a changing nature and, therefore, The Company reserves the right to modify without prior notice the present Terms and Conditions in order to adjust them to their new content and adapt them to the legislation in force at any given time. Likewise, The Company reserves the right to update, modify or delete the information contained in the Web, as well as the Products offered therein and the configuration and/or presentation of its contents, at any time, without prior notice, and without assuming any responsibility for it. Accordingly, the User acknowledges and accepts the obligation to review and comply with the Terms and Conditions in effect at any given time.

In any case, it is presumed that the access and use of the Web and, therefore, the acceptance of the Terms and Conditions including the Privacy Policy and any other terms and conditions of a particular nature that may include specific sections or services of the Web, including those that refer to the Products, will be made by persons over 18 years of age or, in the case of minors, guardians acting under the proper supervision of their guardian or legal guardian.

  1. Access to the Web and contents reserved to registered Users

Access to the Web is free of charge. It is not necessary to register to access its contents. However, it may be necessary for the User to register in order to make comments in the sections specially dedicated to that purpose, as well as for the purchase of the Products offered therein. Likewise, it may also be necessary for the User to provide personal data when he/she freely wishes to make use of any of the services offered that require it.

All data provided by the User in any of the sections that are within the Web will be subject to the Privacy Policy of the Company.

In any case, when the User chooses to register in any of the sections or services offered on the Web, he/she agrees to provide the required information, which must be truthful and lawful.

In the event that The Company provides the User with a password, whether or not it is chosen by the User, the latter undertakes and is responsible for making exclusive use of it and keeping it secret, with due diligence to safeguard it and prevent it from being known by third parties who may impersonate his identity, exempting The Company from any illegitimate use of the same as a result of a breach of this duty.

In the event that the User detects that an unauthorized use of his/her password has been made or becomes aware of its loss, he/she agrees to immediately notify the Company of the corresponding incident through, if applicable, the links specially designed for this purpose on the Website and/or the e-mail address rgpd@upbikers.com.

In no event shall The Company be liable for the use of the password by unauthorized third parties, nor for the loss of the password by the User.

  1. 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 to access an existing account, the User must select the “My Account” button or link.

If the User already has an account, he/she must enter his/her e-mail address and password to access it in the “ACCESS” section. Otherwise, the User who wishes to create it must select the “REGISTER” option.

When selecting the option to REGISTER, the User must fill out a form by entering the required information (name, surname, e-mail and password). Likewise, the User may authorize the Company to send commercial information about the Company by checking the option “Yes, I wish to receive information from MOTORBIKE DEVELOPMENTS”. Otherwise, this option must be unchecked. Finally, to complete the creation of the account, the User must select the “CREATE ACCOUNT” option.

Once this process is completed, the User will be registered on the Web and will have his/her own account.

The registered User may access at any time to a control panel from which you can manage your account and review and, if necessary, update the information previously provided, by accessing the following sections: (i) Data and addresses, (ii) change password, (iii) orders in progress, (iv) order history, (v) pending orders, (vi) returns, (vii) my subscriptions and, (viii) closing assignment.

  1. Use of the Web, its contents and services

The Web User agrees to make use of the same, and its contents and services, in accordance with the Terms and Conditions and, where appropriate, to the particular conditions that may be applicable, as well as to respect and comply at all times with the Law and any other legal provision or regulation in force and applicable at all times.

It is forbidden to use and access the Web through any application, computer program or analogous system that may damage or hinder its normal operation, including the alteration, elimination or blocking of the contents or services offered, or any other mechanism that may affect them, especially those that may entail the deprivation of access and use of the Web, or any part of it, to third parties.

It is also forbidden to access the Website through programs or other computer mechanisms that, voluntarily or involuntarily, 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 accessible to the general public or of the computer system where it is hosted, and/or that may introduce viruses or other malicious programs or scripts that cause errors in the aforementioned computer system or in the operation of the Website itself.

In any case, the User agrees to make appropriate use of the contents and services of the Web, especially in relation to any section where he/she is allowed to participate, in which the principles of good faith and respect for other Users, the Company and any other third party shall also apply. The Company disclaims any liability 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 contents and services offered on the Website,

In any case, The Company reserves the right, at its sole discretion and under any circumstances, to cancel, eliminate or prohibit the use of any or all of the services of the Web to any User, when the User has made an incorrect or improper use of the Web, contrary to the provisions of these Terms and Conditions or, where appropriate, in the particular conditions of each service, the Law that is applicable at any time.

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

However, the photographs, descriptions, evaluations and other contents found on the Web are included with the purpose of illustrating and offering more information to the Users, without this representing, in any case, a particular recommendation of the Company or that the Product contracted is exactly the one identified in the images, and therefore, the Products represented may present some difference and/or the use represented may not be the most appropriate for the claims of the User and/or Client.

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

It is the sole responsibility of the User purchasing any Product on the Web to verify that (i) the Product is suitable for the User’s intended use and, (ii) the Product complies with all regulatory requirements that may be required for use in the location intended by the User.

Consequently, the User agrees to be solely responsible for the use of the Product purchased other than as recommended by the manufacturer and the regulations that may apply in its territory.

In any case, The Company informs that the proposal or recommendation of the use of a Product marketed on the Web for the practice of any activity, is only for illustrative and informative purposes, there may be certain reservations and incompatibilities when these are used outside the territory of Spain, so that in no case The Company guarantees the suitability or appropriateness of the Product to the practice of a particular activity other than that expressly provided and never when this is done outside the Spanish territory.

  1. Intellectual and Industrial Property

“UPBIKERS” is a registered trademark in Europe under the number XXXXXXXXXXX. Consequently, the use of the same or any similar sign that may lead to confusion as to ownership or origin by third parties is expressly prohibited without the prior express written authorization of the Company. In addition, the website www.upbikers.com is a registered domain owned by The Company, and shall not be used in a similar form or with other extensions except with the prior express written authorization of The Company, when its purpose is to offer products or services similar to the Products marketed by The Company in order to avoid, among others, the risk of causing confusion among consumers and users regarding the origin of the products and/or services consumed and/or purchased.

All intellectual and industrial property rights of 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 legitimate owner to make use of them.

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

Therefore, any reproduction, distribution or public communication or total or partial transformation of any content found on the Web is expressly prohibited without the prior and express written authorization of The Company. Notwithstanding the foregoing, various content or services on the Web may specify terms and conditions of use that are more or less restrictive, the latter prevailing over the Terms and Conditions, in relation to the content and / or services affected by them.

The Company only authorizes to reference the contents that appear on the Web in other websites or communications, provided that such websites or communications maintain the principle of good faith and respect and fully comply with current legislation and the rest of the Terms and Conditions, especially regarding the prohibition of reproduction of the contents shown on the Web, for purposes other than those permitted in these Terms and Conditions, without the express prior written permission 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 contents, services, scripts, functionalities and other technical conditions that the User may find outside the Web that may be accessible through links found within the same. These links are for information purposes only and the User is free to follow them at his or her own discretion. Under no circumstances may it be considered that The Company expresses an approval, opinion or any other manifestation in relation to the contents, products, services, etc. that may be found in the destination of the referred links outside the space of the Web. Likewise, and in spite of the fact that the Company establishes a system to control the contents directly introduced by the Users in the spaces destined to expose evaluations of the Products, the Company does not identify itself nor is it responsible for the content and form of the same, limiting itself to make its best efforts to avoid that such contents do not violate these Terms and Conditions, those that may be particularly applicable, as well as any other applicable norm, including morality and public order.

  1. Liability and Limited Warranties

The Company undertakes to use its best efforts to maintain the operation of the Web in optimal conditions of use, as well as to avoid server errors, programming errors and errors in the content and services offered on the Web. However, The Company assumes no responsibility for any errors, failures or technical problems that may arise or appear and, therefore, does not guarantee the full functionality, nor the contents and/or services offered by the Web.

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

The Company informs the User that several of the contents and/or services offered on the Website may be provided by third parties and that, therefore, to access them or make use of them the User must also accept their (third parties’) terms and conditions. In any case, the User releases the Company from all responsibility for any issues related to content and/or services of third parties that are expressly 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 of third parties, for whose veracity, accuracy, opinion and quality the Company is not responsible.

In any case, The Company is not responsible for any damages that may be caused by the discontinuity of the services, contents and functionality of the Web, as well as any other anomaly that the Web presents, including viruses, malware, scripts and malicious programs resulting from the unauthorized interference of third parties or authorized third parties who are victims of interference from other third parties.

In relation to Customers, they agree to treat The Company as a mere marketer of the Products, with the exception of those products and/or services whose description expressly identifies The Company as the manufacturer or provider thereof. Consequently, the Customer agrees to take direct action against the manufacturer or service provider for all matters that exceed the obligations assumed by the Company in these Terms and Conditions, as well as those provided for by the applicable regulations.

  1. Access security

Access to payment pages through POS services, Paypal or any other service offered on the Web, will be made through a secure line managed and responsibility of the suppliers of the payment service chosen by the User/Client.

10.1 VISA or MASTERCARD credit cards

We guarantee that every transaction made 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 the standard security technology SSL (Secure Socked Layer). All the information you transmit to us travels encrypted through the network. (If you want to know more, visit our Secure Payment section).

Likewise, your credit card information is not registered in any database but goes directly to the Bank’s POS (Point of Sale Terminal).
In addition, we inform you that in an effort to provide greater security to credit card owners, we have incorporated in our payment gateway the secure payment system called CES (Secure Electronic Commerce). In this way, if you are a “secured” cardholder, you will always be able to make payments with VISA or MASTERCARD in our store.

In the case that your card is not adhered to this payment system, UPBIKERS.COM will only accept payment with VISA or MASTERCARD credit cards to customers with proven seniority and reliability.
In both cases, when paying by VISA or MASTERCARD, the following information will always be requested: the card number, the expiration date, and a Validation Code that matches the last 3 digits of the number printed in italics on the back of your VISA or MASTERCARD, thus offering more guarantees about the security of the transaction.

Important : Credit card fraud is a crime, and UPBIKERS.COM will prosecute anyone who makes a fraudulent transaction on our online store.

11. Shipping

11.1.- Transport

Orders will be shipped by the following means of transport and will be used depending on the place of delivery:

SPAIN, PENINSULA, PORTUGAL, FRANCE, UNITED KINGDOM, ITALY, BELGIUM, DUTCH, LUXEMBOURG AND GERMANY: NACEX, express parcel company.

BALEARIC ISLANDS: NACEX company or another of similar characteristics according to the shipping area of MOTORBIKE DEVELOPMENTS, S.L. choice.

CEUTA, MELILLA AND CANARY ISLANDS: Correos Paquete Azul.

11.2.- Delivery terms

On the MOTORBIKE DEVOLOPMENTS, S.L. WEB (http://www.upbikers.com) will indicate the expected delivery time in hours or days, for each item or product, and will be computed from the day following the day on which the order is completed, excluding non-working days (Saturdays, Sundays and holidays).

The customer must bear in mind that these are always approximate and non-binding dates.

It is the policy of MOTORBIKE DEVELOPMENTS, S.L. to deliver the product within the established delivery times, even shortening them, whenever possible. Since in the transport it is usual that unforeseen or extraordinary circumstances may arise that extend the expected delivery time, if this situation occurs we will contact you to inform you of the possible delay and inform you of the new expected delivery time, which in any case will not exceed 30 days, which is our maximum delivery time.

In case of not being able to meet the maximum delivery time, we will inform you of the status of your order and you can choose to keep it, accepting a new delivery time, or cancel it and MOTORBIKE DEVELOPMENTS, S.L. would fully refund the amount paid, without any compensation in the latter case.

If the order is for more than one unit of product, and always depending on the volume and circumstances of the same, MOTORBIKE DEVELOPMENTS, S.L. could make the delivery by several partial shipments at no extra cost to the customer and in order to optimize delivery times of the various goods.

For shipments to the following destinations, approximate delivery times are shown below:

FRANCE, UNITED KINGDOM, ITALY, BELGIUM, DUTCH, 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.- Peninsular Spain and Portugal:

In orders equal to or greater than 130€, shipping costs will not be charged, therefore, shipping is free for you.

For products with the FREE SHIPPING logo, shipping will also be free even if the amount of the order is not equal to or greater than 130€, and you can add other products to the cart along with it, which will also have no shipping costs.

The shipping costs, including VAT, are as follows for orders under 130€.

PENINSULA/PORTUGAL: 4,95€.

Balearic Islands:

In orders equal or superior to 260€, no shipping costs will be charged and therefore the shipping will be free for you.

The shipping costs (VAT included) to be paid by you for orders under 260€ are as follows:

BALEARIC ISLANDS: 9.95€.

Ceuta, Melilla, Canary Islands, France, United Kingdom, Italy, Belgium, Holland, Luxembourg and Germany:

CEUTA, MELILLA AND CANARY ISLANDS (*): 35€.

In any case MOTORBIKE DEVELOPMENTS, S.L. will not be responsible for taxes, duties or customs clearance charges in these communities, being such costs borne by the customer.

FRANCE, UNITED KINGDOM, ITALY, BELGIUM, THE NETHERLANDS, LUXEMBOURG AND GERMANY (*): 8.95€.

For the delivery locations indicated (*), in the case of large volume products or several packages, shipping costs may vary. In order to know the amount of these expenses, you can make a simulation in the shopping cart.

11.4.- Risks

Whenever MOTORBIKE DEVELOPMENTS, S.L. sends you the purchased goods, it is understood that the risk of loss or deterioration of these will be transferred to you when you or a third party indicated by you, other than the carrier contracted by MOTORBIKE DEVELOPMENTS, S.L., acquires their material possession.

In the event that you receive the package with signs of having been tampered with or damaged, indicate this on the carrier’s delivery note and check the products in the presence of the carrier and do not sign the delivery note without indicating these incidents, even if you have checked that your material appears to be in perfect condition.

IMPORTANT NOTE: MOTORBIKE DEVELOPMENTS, S.L. will not accept complaints about shipments after 24 hours from receipt of the package, within which time the customer must make the claim via email to the address info@upbikers.com.

11.5.- RETURNS

11.5.1.- Information about your right of withdrawal

We wish to inform you that since you are a consumer or user in accordance with current legislation, you have the right to withdraw from this contract within 30 calendar days without justification.

The withdrawal period shall expire 30 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquires 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 that you can send us by e-mail to info@upbikers.com indicating the order number. A model withdrawal form is available in section 2.2 below, although its use is not mandatory.

11.5.2.- Model of withdrawal form

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

I hereby inform you that I withdraw from my contract of sale of the following property:

– Order No. (…)

– Name of consumer and user

– Consumer’s address

– Date


11.5.3.- Conditions for the return of goods

Returned products must be in perfect condition, with all tags attached, in their original packaging and with any manuals, accessories or promotional gifts included, if applicable. They must keep and not have been removed the seals or blister seals when they have them.

THE PRODUCT TO BE RETURNED MUST BE PACKAGED IN ITS ORIGINAL PACKAGING, MAKING SURE TO PACK IT IN THE SAME WAY IT WAS RECEIVED, to ensure that it is not damaged in transit, it is very important that you do not put insulating tape/cello on the packaging of the product. If the product arrives in conditions contrary to those indicated, MOTORBIKE DEVELOPMENTS, S.L. may refuse to refund the amount of the product and reserve the right to make a devaluation of up to 20% for breakage or damage to the original packaging, assuming the customer the cost of postage, and if you do not agree, return the product.

The improper use in any product, to the standard in a motorcycle accessories store, for example, marks on the sole of the UPBIKERS, will be considered an abuse of the right of withdrawal and, in these cases MOTORBIKE DEVELOPMENTS, S.L. reserves the right to make a devaluation of the product, or refuse the return, if the product does not arrive at our facilities in optimal conditions that allow the sale again as an article.

In the case of purchasing a product that is associated with a gift product or with an extra discount for the purchase of the first one, the customer when exercising the right of withdrawal of the product, must also return any promotion or gift associated and delivered, if the customer decides not to return any of the products must pay them at the price that is on the web page (http://www.upbikers.com) at the same time.

11.5.4.- Consequences of cancellation

In case of cancellation by you, we will proceed to reimburse you using the same means of payment used by you for the initial transaction, unless you expressly indicate otherwise. The refund of the amount will not be made until we have received and checked the goods in our facilities, ensuring compliance with the conditions set forth in the preceding paragraph.

The customer must be available for us to pick up the goods at the same address indicated when placing the order without undue delay. When returning orders to CANARY ISLANDS, CEUTA AND MELILLA, the customer shall return or deliver the goods directly with his own means to MOTORCYCLE 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 on which you inform us of your decision to withdraw from the contract.

The direct cost of return shall be borne by the customer as set forth in paragraph 2.5 below.

You shall be liable for any diminution in value of the goods resulting from handling other than what is necessary to establish the nature of the goods and the characteristics of the goods, outside of what is considered normal in our own facilities. In such cases, the amount of the decrease in value will be deducted from the refund of the payment received from you.

Likewise, when returning the material to us, it is very important that you do not affix labels or seals to the original box of the product. You must wrap/pack the product in a bag or box before handing it to the courier. If you do not do so, we will apply a reduction in value when returning the money to you.

11.5.5.- Direct costs of return of goods

In the event that you decide to exercise your right of withdrawal, the direct costs of returning the goods (handling and shipping), will be at your expense and will be deducted from the amount to be refunded according to the following prices:

RETURNS TO OUR FISCAL ADDRESS: Calle Jesús, 69-10ª 46007 Valencia: FREE OF CHARGE. (Only applies when the customer comes to our offices with the product to make the return).

FOR THE REST OF MAINLAND SPAIN AND PORTUGAL: *8.26 € + VAT.

FOR THE BALEARIC ISLANDS: *16.52 € + VAT.

FOR FRANCE, UNITED KINGDOM, ITALY, BELGIUM, DUTCH, LUXEMBOURG AND GERMANY: *20€ VAT included.

CASH ON DELIVERY PAYMENT: In the case of cash on delivery payments, the commission generated by this payment method will not be refunded, since it is a service outside MOTORBIKE DEVELOPMENTS, S.L. voluntarily selected by the customer as a payment method and condition for the delivery of the products purchased.

CANARY ISLANDS, CEUTA AND MELILLA, the transport of the goods will be at your risk, and in no case MOTORBIKE DEVELOPMENTS, S.L. will assume the costs produced by the customs clearance in the peninsula when receiving the material.

*In case of exchange or return of goods of certain volume or weight, MOTORBIKE DEVELOPMENTS, S.L. reserves the right to charge you for the higher cost of transport due to weight and volume parameters.

11.6-PRECAUTIONS TO BE TAKEN IN THE EVENT OF A RETURN

The product to be returned to MOTORBIKE DEVELOPMENTS, S.L. will be the responsibility of the customer and must be wrapped in perfect conditions so that it and the original packaging are not damaged in transport, in the same way that MOTORBIKE DEVELOPMENTS, S.L. makes the shipment because then the same product must be in perfect conditions to be sold again.

If the product arrives in conditions contrary to those indicated, MOTORBIKE DEVELOPMENTS, S.L. will deduct 20% for breakage or damage to the original packaging of the product.

11.7-PRECAUTIONS TO BE TAKEN AT THE TIME OF DELIVERY

In the event that you receive the package with signs of having been tampered with or damaged, please indicate this on the carrier’s delivery note and check the products in the presence of the carrier and do not sign the delivery note without having indicated these incidents even though you have checked that your material appears to be in perfect condition.

IMPORTANT NOTE:

We cannot accept complaints about shipments more than 24 hours after receipt of the package. The claim should be made via e-mail to the following address: info@upbikers.com.

No products will be reshipped until we have verified the reception and condition of the product, packaging and accessories of the item being returned or exchanged in our warehouse.

11.8.- WARRANTIES

MOTORBIKE DEVELOPMENTS, S.L. offers in its products the contractual guarantee in the legally established terms, for a period of two years from the date of delivery except for those products in which any other term is indicated.

You have a legal obligation to inform us of the non-conformity of the product within two months of becoming aware of it. Failure to meet such deadline shall render you liable for any damages or losses actually caused by the delay in communication.

MOTORBIKE DEVELOPMENTS, S.L. will assume all transportation costs during the 2 years of validity of the contractual warranty from the delivery of the product. In case the warranty is denied, the customer will have to bear the shipping costs to the manufacturer and the return to his home.

IMPORTANT: To process a warranty, it is essential to have the purchase invoice, since the invoice is the guarantee of purchase of the product.

12. Miscellaneous

The Terms and Conditions contain the entire terms and conditions between the User and the Company in relation to the contractual object.

The User will always have the Terms and Conditions in a visible and easily accessible place within the Web. It is the User’s responsibility to carefully read the Terms and Conditions in force at all times, as a prior and indispensable step for its use and/or the purchase of Products through the Web.

In the event that any provision of the Terms and Conditions is declared invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the remaining provisions, which shall remain in full force and effect. Invalid or unenforceable provisions shall be replaced by valid and enforceable provisions that best achieve the objectives of the invalid or unenforceable provisions.

Failure or delay in exercising a right or power conferred by the Terms and Conditions shall never constitute a waiver of that right or power by the holder, nor a modification of the Terms and Conditions, even if such failure or delay in exercising the right or power occurs on one or more occasions. In any case, a waiver of a right or faculty or modification of the Terms and Conditions shall only be effective when made in writing signed by the waiving Party or by a person with sufficient capacity to act on its behalf.

13. Applicable Law and Jurisdiction

Any question regarding the interpretation, fulfillment and/or validity of the Terms and Conditions and/or the particular conditions applicable in each case, which may arise between the User and The Company shall be analyzed in accordance with the same Terms and Conditions and particular conditions in the first place, and secondly, in accordance with the Valencian regulations and, subsidiarily, in accordance with the Spanish regulations, which are applicable at any given time.

In the event of any dispute between the User and the Company resulting 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 domicile of the consumer.

14. Suggestions, comments, complaints and claims

We welcome your comments and suggestions. Please send us such comments and suggestions, as well as any queries, complaints or claims, through our contact channels:

  • Through e-mail; rgpd@upbikers.com
  • Through the contact section of the web site, contact us
  • By mail to MOTORBIKE DEVELOPMENT, S.L. Calle Jesús, 69-10ª 46007 Valencia, Spain.

In addition, we provide our clients 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 Consumer ODR Regulation which provides that traders established in the EU who conclude online sales or service contracts shall offer on their websites an electronic link to the online dispute resolution platform.