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.comwhich, together with the Conditions of Sale, the Privacy Policy and the Cookie 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 above, some specific services or content of the Web may require for their access and use the acceptance of some terms and particulars by the User.

2. Identification of the owner of the web site

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

Registered address: Calle Jesús, 69-10ª 46007 Valencia (Spain).

Telephone: E-mail: rgpd@upbikers.com

CIF: B-98532864

Registry Data: Limited liability company, registered in the Mercantile Registry of Valencia, Volume 9626, Book 6908, Page 212, Sheet V-153826

3. User: acceptance of the Terms and Conditions of the Website

A user is considered to be any person who accesses, navigates or uses the contents and/or services that can be found on the Web at any given time. From now on, the user of this Web 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 referred to as “Customer”.

All the products and services offered on the Web and that can be acquired by the User will be called “Products”.

The access and use of the Web, and in its case the acquisition of any Product offered in the same one, on the part of a User and/or Client, implies the acceptance by the same one of the totality of the Terms and Conditions without any condition nor reserve.

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 to adjust them to the new content and to 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 Website, as well as the Products offered in it and the configuration and/or presentation of its contents, at any time, without prior notice, and without assuming any responsibility for it. Consequently, the User acknowledges and accepts the obligation to review and comply with the Terms and Conditions in force at any given time.

In any case, it is presumed that access to and use of the Website and, therefore, 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 Website, including those relating to the Products, will be carried out by persons over 18 years of age or, in the case of minors, guardians acting under the due supervision of their guardian or legal representative.

4. Access to the Website and the contents reserved for registered users

Access to the website 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 be able to make comments in the sections especially dedicated to this purpose, as well as for the acquisition of the Products offered by the same. Likewise, it may also be necessary for the User to provide personal data when they freely wish to make use of any of the services offered that require it.

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

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

In the event that The Company provides the User with a password, whether chosen by the User or not, the User 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 could impersonate him/her, exempting The Company from any unlawful use of it as a result of non-compliance with 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 undertakes to immediately notify The Company of the corresponding incident by means of, if applicable, the links specially designed for this purpose on the Website and/or at the e-mail address rgpd@upbikers.com.

Under no circumstances will The Company be responsible for the use of the password by unauthorized third parties, nor for the loss of the same by the User.

5. User Registration

The User has the option to register on the Web 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 option “REGISTER”.

When selecting the option “REGISTER”, the User must fill in a form entering the required information (name, surname, e-mail and password). Likewise, the User may authorize The Company to send commercial information about it by leaving the option “Yes, I wish to receive information from MOTORBIKE DEVELOPMENTS” checked. Otherwise, he must uncheck this option. Finally, to finish the creation of the account, the User must select the option “CREATE ACCOUNT”.

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

The registered User will be able to access at any time to a control panel from which he will be able to manage his account and review and, if necessary, 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) close session.

6. Use of the Website, its Content and Services

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

It is forbidden to use and access the Web by means of any application, computer program or analogous system that may alter or hinder its normal operation, including the alteration, elimination or blocking of the content or services offered, or any other mechanism that may affect them, especially those that may involve the deprivation of access and use of the Web, or any part thereof, to third parties.

Access to the Website by means of programs or other computer mechanisms which, 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 which allow unauthorized access to sections of the Website not accessible to the general public or the computer system where it is hosted, and/or which 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, is also prohibited.

In any case, the User undertakes to make appropriate use of the contents and services of the Website, especially in relation to any section in which he/she is allowed to participate, in which the principles of good faith and respect for other Users, for the Company and for any other third party will also govern. The Company declines any 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 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 the services of the Website by any User, when the User has made an incorrect or improper use of the Website, 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.

Information on the Products: 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 in order to illustrate and offer greater information to 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 not be the most appropriate use for the claims of the User and/or Customer.

All Products on 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 who purchases any Product on the Website to verify that (i) the Product is suitable for the use for which the User intends to use it and, (ii) the Product meets all regulatory requirements that are required for use in the User’s intended location.

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

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

7. Intellectual and Industrial Property

“UPBIKERS” is a registered trademark in Spain with number 4.043.100 and EU property number 018377338 . Consequently, it is expressly forbidden to use the same or any similar sign that may lead to confusion regarding ownership or origin by third parties without the prior express written authorisation 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 way or with other extensions except with the prior express written authorisation of The Company, when its aim is to offer products or services similar to the Products that The Company markets 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 acquired.

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

The total or partial reproduction of the Website, or its contents, is expressly prohibited without the prior, express and written authorization of The Company. Likewise, it is forbidden to copy, reproduce, adapt, modify, distribute, commercialize, or any other action that involves or could involve an infringement of current Spanish and/or international regulations on intellectual and/or industrial property rights.

Therefore, any reproduction, distribution or public communication or total or partial transformation of any content found on the Website is expressly prohibited without the prior and express written authorization of The Company. Notwithstanding the above, several contents or services of the Website 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 the referencing of the contents that appear on the Website in other websites or communications, as long as said websites or communications maintain the principle of good faith and respect and fully comply with the legislation in force and the rest of the Terms and Conditions, especially with regard to the prohibition of the reproduction of the contents shown on the Website, for purposes other than those permitted in these Terms and Conditions, without the express and prior written authorization of The Company.

8. 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 within the Web. These links are merely for information purposes and the User is free to follow them at his own discretion. Under no circumstances may it be considered that The Company expresses an approval, opinion or any other statement in relation to the contents, products, services, etc. that may be found in the destination of the aforementioned links outside the space of the Website. Likewise, and despite the fact that The Company establishes any system to control the contents introduced directly by the Users in the areas assigned to display evaluations of the Products, The Company does not identify itself nor is it responsible for the contents and form of the same, limiting itself to making its best efforts to avoid that said contents do not violate these Terms and Conditions, those that in their case particularly apply, as well as any other applicable regulation, including morality and public order.

9. Liability and Limited Warranties

The Company undertakes to devote its greatest efforts to maintain the operation of the Website in optimal conditions of use, as well as to avoid server errors, programming errors and errors in the content and services offered on the Website. However, The Company does not assume any responsibility for possible 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 on the Website.

Without prejudice to the above, The Company guarantees 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 data from the User that may subsequently be 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, in order to access or make use of them the User must also accept their (the third parties’) terms and conditions. In any case, the User releases The Company from any responsibility regarding all those issues related to third party contents and/or services that are expressly identified as such (e.g. Criteo, Twitter validation, Facebook, etc.).

The Company may mention, refer to and display statements, publications and other information or graphic or audiovisual materials from third parties, for whose truthfulness, accuracy, opinion and quality it is not responsible.

In any case, The Company is not responsible for the damages that may be caused by the discontinuation of the services, content and functionality of the Website, nor for any other anomaly that the Website may present, including viruses, malware, scripts and malicious programs resulting from unauthorized interference by third parties or by authorized third parties who are victims of interference by other third parties.

In relation to Clients, they agree to treat The Company as a mere marketer of the Products, with the exception of those products and/or services whose description is expressly identified as the manufacturer or provider of the same. Consequently, the Client agrees to address directly to the manufacturer or service provider for all those issues that exceed the obligations assumed by The Company in these Terms and Conditions, as well as those provided by the applicable regulations.

10. Security in the accesses

The access to payment pages through TPV services, Paypal or any other offered on the Web, will be done through a secure line managed and responsibility of the payment service providers chosen by the User/Customer.

10.1. VISA or MASTERCARD cards

We guarantee that every transaction made on UPBIKERS.COM is 100% secure. All operations involving the transmission of personal or bank details are carried out using a secure environment. UPBIKERS.COM uses a server based on 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).

Also, your credit card data is not registered in any database but goes directly to the POS (Point of Sale) of the Bank.
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 holder of a “securized” card you can always make payments with a VISA or MASTERCARD in our store.

In the event that your card is not adhered to this payment system, UPBIKERS.COM will only accept payment by VISA or MASTERCARD to customers with proven track record and reliability.
In both cases, when paying by VISA or MASTERCARD the following data will always be requested: the card number, the expiry date, and a Validation Code that coincides with the last 3 digits of the number printed in italics on the back of your VISA or MASTERCARD, thus offering further guarantees regarding the security of the transaction.

Important : Credit card fraud is a crime, and Store Name XXXXXX will prosecute anyone who makes a fraudulent transaction on our online store

For further information, please refer to the section on METHODS OF PAYMENT.

11. SHIPMENTS

11.1.- Transport

The orders will be sent by the following means of transport and will be used according to the place of delivery:

SPAIN PENINSULA, PORTUGAL, FRANCE, UNITED KINGDOM, ITALY, BELGIUM, HOLLAND, LUXEMBOURG AND GERMANY: company NACEX, urgent parcels

BALEARIC ISLANDS: company NACEX or other of similar characteristics according to shipping zone to be chosen by MOTORBIKE DEVELOPMENTS, S.L.

CEUTA, MELILLA AND THE CANARY ISLANDS: “Blue Package” Mail.

11.2.- Delivery period

The WEB site of MOTORBIKE DEVOLOPMENTS, S.L. (http://www.upbikers.com) will indicate the expected delivery time in hours or days, for each article or product, and it will be calculated from the day after the order is completed, excluding in the calculation 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 it is usual in the transport that unforeseen or extraordinary circumstances may arise that extend the delivery time, if this situation occurs we will contact you to communicate the possible delay and inform you of the new delivery time, which in any case will not exceed 30 days which is our maximum delivery time.

In case of not being able to comply with the maximum delivery time, we will inform you of the situation of your order and you may choose to keep it, accepting a new delivery time, or cancel it and MOTORBIKE DEVELOPMENTS, S.L. will fully reimburse 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 the delivery times of the various goods.

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

FRANCE, UNITED KINGDOM, ITALY, BELGIUM, HOLLAND, LUXEMBOURG AND GERMANY: 5 days

BALEARIC: 3 or 4 days

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

11.3.- Shipping Costs

11.3.1.- Peninsular Spain and Portugal

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

Regarding 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 99€ and you can add other products to the basket along with it that will also have no shipping costs.

The costs, including VAT, of shipping at your expense for orders under 130€ are as follows

PENINSULAR SPAIN/PORTUGAL: 4,95€

11.3.2.- 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) at your expense for the formalization of orders under 260€ are

BALEARIC ISLANDS: 9.95€.

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

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

In no case will MOTORBIKE DEVELOPMENTS, S.L. be responsible for the taxes, tariffs or customs clearance charges in these communities, these expenses being assumed by the customer.

FRANCE, UNITED KINGDOM, ITALY, BELGIUM, HOLLAND, LUXEMBOURG AND GERMANY (*): 8.95€

For the delivery locations indicated (*), in the case of large volume products or several packages, the shipping costs may vary. To know the amount of these costs 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 damage to them 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 case of receiving the package with signs of having been tampered with or beaten, indicate it on the delivery note of the carrier and check the products in his presence and do not sign the delivery note without having indicated these incidents despite checking that your material appears to be in perfect condition.

IMPORTANT NOTICE: MOTORBIKE DEVELOPMENTS, S.L. will not accept claims on shipments after 24 hours from receipt of the package, within which time the customer must make the claim 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 you are a consumer or user in accordance with current legislation, you have the right to withdraw from this contract within a period of 30 natural days without the need for justification.

The withdrawal period will expire 30 calendar days from the day you or a third party, other than the carrier, acquires material possession of the goods.

In order to exercise your right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unambiguous statement which you can send to us by e-mail at info@upbikers.com, stating the order number. A model withdrawal form is available in section 2.2 below, but its use is not obligatory.

11.5.2.- Model withdrawal form

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

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

– Order no. (…)

– Consumer and user name

– Consumer’s address

– Date

 

11.5.3.- Conditions for the return of goods

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

THE PRODUCT TO BE RETURNED MUST BE WRAPPED IN ITS ORIGINAL PACKAGING, MAKING SURE THAT IT IS PACKAGED 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/bonder on the product packaging. Wrap first the article in similar characteristics that was sent by MOTORBIKE DEVELOPMENTS, S.L., if the product arrives in conditions contrary to those indicated, MOTORBIKE DEVELOPMENTS, S.L may refuse to refund the amount of the product and reserves the right to make a devaluation of up to 20% for breakage or damage to the original packaging of the same, assuming the customer the cost of transport, and if you do not agree, return the product.

The improper use in any product, to the standard in a shop of motorcycle accessories, 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 to return, if the product does not reach our facilities in optimal conditions that allow the sale as an article again.

In the case of buying a product that has an associated gift or extra discount for the purchase of the first, the customer to exercise the right of withdrawal of the product, the customer must also return any promotion or gift associated and delivered, if he decides not to return any of the products the customer must pay the price that is on the website (http://www.upbikers.com) at that time.

11.5.4.- Consequences of withdrawal

In case of withdrawal by you, we will proceed to make the refund using the same payment method you used for the initial transaction, unless you expressly indicate otherwise. The refund will not be made until we have received and checked the goods at our premises, ensuring compliance with the conditions set out in the previous section.

The customer must be available so that we can collect the goods from the same address indicated when placing the order without any undue delay. When returning orders to CANARy islands, CEUTA and MELILLA, the customer must return or deliver the goods directly by his own means to MOTORBIKE DEVELOPMENTS, S.L., Calle Jesús, 69-10ª 46007 Valencia, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date you inform us of your decision to withdraw from the contract.

The direct cost of return will be paid by the customer in accordance with the provisions of section 2.5 below.

You will be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature of the goods and the characteristics of the goods, outside what is considered normal in our own facilities. In these cases, the amount of the decrease in value will be deducted from the return of the payment received from you.

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

11.5.5.- Direct costs of returning the 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 in accordance with the following prices:

RETURNS IN OUR HEADQUARTERS: Calle Jesús, 69-10ª  46007 Valencia: FREE (Only applies when the customer is in our offices with the product to make the return).

FOR THE REST OF SPAIN PENINSULA AND PORTUGAL: *8.26 EURO + VAT.

FOR THE BALEARIC ISLANDS: *16.52 EURO + VAT.

FOR FRANCE, UNITED KINGDOM, ITALY, BELGIUM, HOLLAND, LUXEMBOURG AND GERMANY: *20 euros including VAT.

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

CANARY ISLANDS, CEUTA AND MELILLA, the transport of the goods will be on your account and risk, and in no case will MOTORBIKE DEVELOPMENTS, S.L. assume costs incurred by the customs clearance in the peninsula to make the reception of the material.

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

11.6.PRECAUTIONS TO BE TAKEN INTO ACCOUNT IN A RETURN

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

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

11.7.PRECAUTIONS TO BE TAKEN INTO ACCOUNT AT THE TIME OF DELIVERY

In the case of receiving the package with signs of having been tampered with or beaten, 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 despite checking that your material does indeed appear to be in perfect condition.

IMPORTANT NOTICE:

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

No reshipment of products will be made until the reception and condition of the product, packaging and accessories of the item to be returned or exchanged have been verified in our warehouse.

11.8. WARRANTIES

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

You have the legal obligation to inform us of the non-conformity of the product within two months of becoming aware of it. Failure to comply with this deadline will make you liable for any damage or loss actually caused by the delay in communication.

MOTORBIKE DEVELOPMENTS, S.L. will assume all the transport costs during the 2 years of the contractual guarantee from the delivery of the product. If the guarantee is denied, the customer will have to assume the postage for sending the product to the manufacturer and return to your home.

IMPORTANT: To process a guarantee, 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 all the 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 responsibility of the User to read carefully the Terms and Conditions in force at any given time, as a previous and indispensable step for their use and/or the acquisition 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 other provisions, which shall remain in full force and effect. Such invalid or unenforceable provisions shall be replaced by valid and enforceable provisions that best achieve the objectives of the invalid or unenforceable provisions.

The 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 thereof, nor shall it constitute a waiver 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 power or a modification of the Terms and Conditions shall only be effective when made in a 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, compliance 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 will be analysed in accordance with the same Terms and Conditions and particular conditions in the first place, and in the second place, in accordance with valencian regulations and, subsidiarily, in accordance with Spanish regulations, which may be applicable at any given time.

In the event of any conflict 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 of the consumer’s domicile.

14. Suggestions, comments, complaints and claims

Your comments and suggestions are welcome. Please send us your 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 website, contact

By post to MOTORBIKE DEVELOPMENT, S.L. Calle Jesús, 69-10ª 46007 Valencia, Spain

In addition, we provide our customers with a 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 Regulation on consumer ODR which provides that traders established in the EU who conclude contracts for the purchase or provision of online services shall provide an electronic link to the online dispute resolution platform on their websites.