Terms of sales - OX MOTORCYCLES | EN

TERMS OF SALE

1. General Information

OX RIDERS ELECTRIC, SL, with NIF number B-95956975, with registered office at C / Uribitarte, Nº6, 2º Bilbao (Bizkaia), and registered in the Mercantile Registry of Bizkaia at Volume 5799, Folio 1, Sheet BI- 72051 (in ahead,“OX MOTORCYCLES”), is the owner of the website www.ox-motorcycles.com (hereinafter, the “Website”).

These terms and conditions (hereinafter, the “Terms and Conditions”), available freely and free of charge on the Website through the following link www.ox-motorcycles.com/en/terms-of-sales/ regulate the relationship of OX MOTORCYCLES with the users who make the reservation or purchase of their products through the Website. Users may contract the products offered on the Website:

● By registering on a private basis (hereinafter, “Private Users”)

● By registering through the profile of the company of which they are part, as long as your company has read the general conditions of OX MOTORCYCLES (hereinafter, “Company Users”).

● Without carrying out the registration (hereinafter, “Guest Users”).

(The above, collectively, understood as the “Users” collectively or, the “User” individually).

To purchase the products offered on the Website, it is necessary to have read and accepted the Privacy Policy and the Terms and Conditions, accepting their content by checking the corresponding acceptance box.

If Users wish to contact OX MOTORCYCLES for any doubt or incident regarding the Terms and Conditions, any of the following channels:

●  By email hello@ox-motorcycles.com

●  By phone +34 654 44 31 99.

2. Object

These Terms and Conditions are intended to regulate the acquisition of motorcycles from OX MOTORCYCLES (hereinafter, the “OX”) by Users through the Website www.ox-motorcycles.com and its delivery to the address indicated by the User (hereinafter, the “Order” or “Orders”).

The date from which these Terms and Conditions are in force is the one that appears at the end of the text, and OX MOTORCYCLES may modify and / or update them, previously informing the User for their acceptance or rejection in case of being substantial. In any case, it will be considered that the User expressly accepts said modifications or updates when placing an Order again through the Website and the new conditions will fully replace the previous ones, taking effect in the new Orders that are placed.

By checking the box corresponding to acceptance and following the entire contracting process, the Terms and Conditions are expressly accepted with the same validity as their face-to-face signature, previously read and of which their content is included, acknowledging that the User is a person with sufficient capacity to acquire the obligations agreed upon with the acceptance.

In any case, in order to place an Order, the User must be at least 18 years old, have full legal capacity or authorization from their parents and / or legal representatives, except in the case of emancipation, in addition to having read and accepted the Privacy Policy and the Terms and Conditions.

3. User Registration

User registration is optional and completely free, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User. Users will have the possibility of registering on the Website, accessing the “Join Us” section and providing:

●  “Name”

●  “Surname”

●  “Nickname”

●  “Email”

●  “Password”

After that, your account will be created and you will be able to access your user profile (hereinafter, the “User Profile” or the “Profile”). Once within their Profile, the User may complete the data related to the billing address by filling in the fields corresponding to the “Address” section in a registration form, these fields include:

●  “Name”

●  “Surname”

●  “Company Name”

●  “Country”

●  “Adress”

●  “City”

●  “Region”

●  “ZIP Code”

●  “Phone number”

●  “Email”

The lack of mandatory data and personal information implies the impossibility of completing the registration on the Website and benefiting from the advantages that, in the case, it entails.

Users undertake that the password chosen during this registration process will be personal and non-transferable, the transfer of any kind to third parties is not allowed. In this sense, the Users undertake to make diligent use and to keep the password chosen to access the Website secret.

If he knows or suspects the loss, theft or use of his password by third parties, the User must inform OX MOTORCYCLES of this circumstance and will be liable for the damages caused by the improper or negligent use of his password by any third party.

Users are responsible for the veracity of the data used to create the Profile and for the consequences, errors and failures that arise from their lack of correspondence with reality.

4. Unsubscribe as a registered user

Users may unsubscribe from the Website whenever they wish, by written communication to hello@ox-motorcycles.com, indicating your username. You can also request the cancellation of the receipt of our notifications by email through the same address or the link indicated for this purpose in all the emails you receive. The process of removing notifications can take between 48 and 72 hours.

5. Electronic contracting

In accordance with the provisions of article 23 of Law 34/2002, on services of the information society and electronic commerce, contracts concluded electronically will produce all the effects provided by the legal system when the consent and the other requirements necessary for its validity. In any case, the electronic support in which the contract entered into electronically is recorded will be admissible as documentary evidence in the event of a dispute between the parties. For these purposes, it will be understood that the monitoring of all the phases of the purchase process and, where appropriate, the payment of the corresponding economic amount, necessarily imply the provision of the consent required for the contracting.

In the same way, and in accordance with the provisions of article 27 of Law 34/2002, on services of the information society and electronic commerce, it is made available to Users, prior to placing an Order all the information applicable to it.

The Order procedure is carried out electronically through the Website, so that any person with Internet access who meets the requirements indicated in these Terms and Conditions can place an Order, all of which are publicly accessible. the products offered through the Website. OX MOTORCYCLES will archive the electronic document through which the Order is formalized, which will be accessible to the User in the purchase confirmation email, from where they can download and print it and where these Terms and Conditions will be included.

The process to be followed by Users to place an Order through the Website is as follows:

● On the Website, for each of the OX MOTORCYCLES products, click on “Buy”.

● Choose the characteristics of the OX and the shipping options, registration service in the corresponding sections and if you want to make only the reservation for a specific amount or make the full payment of the OX. Likewise, accept the Website’s Privacy Policy by checking the box provided.

● Once the above is done, Users will have to enter the following:

1. Coupon code, if applicable.
2. Billing and shipping information.
3. Payment details.

● Before proceeding with payment, the User must read and expressly accept these Terms and Conditions by checking the box provided.

● Once the payment has been made, a summary of the Order will be displayed and the User will receive an email confirming the purchase, the details of the order and the payments made and pending. If this email is not received, the User is requested to notify OX MOTORCYCLES as soon as possible.

● Registered Users will be able to find all the information of their Order in their Profile in the “Orders” section.

6. Price and payment method

Payment can be made both by credit or debit card, through PayPal, by bank transfer, through installments with Splitit or through financing with eCredit Moto de Cetelem. To proceed with the payment in the case of card payment, the User must follow each and every one of the instructions indicated in the secure payment gateway in the case of card payment or PayPal or Cetelem platforms to the that the user is redirected.

In any case, the purchase will only be effective when OX MOTORCYCLES receives confirmation of payment from the bank that owns the secure payment gateway. If the transaction is denied for any reason or the full amount corresponding to the amount of the Reserve or Final Payment is not provided (including surcharges for management expenses and bank transfer fees), it will be suspended, informing the User that the transaction will not has been finalized.

7. Delivery

OX MOTORCYCLES will deliver the order based on the information provided by the User, so OX MOTORCYCLES is not responsible for delays / errors that originate in the provision of incorrect or erroneous information by the User.

Delivery will take place within a period of 90 days from when the User has formalized their Order, the delivery date communicated being indicative. Once delivery occurs, the Orders will be at the User’s risk and expense.

8. Orders

The OX meet the highest quality standards in terms of materials for their manufacture and delivery services. However, if the OX shows a defect, we ask the User to contact us immediately through the email address soporte@ox-motorcycles.com, where the procedure to process the incident will be indicated.

Orders are allowed through the Website both to individuals and to companies and / or professionals. However, it is prohibited to place Orders in order to market the OX through other sales channels.

9. Right of withdrawal and guarantees

In accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and Law 28/1998, of July 13 , of Installment Sale of Movable Property, the User may exercise the right of withdrawal during the fourteen (14) calendar days following the date of receipt of the OX, the user having the obligation to indemnify OX MOTORCYCLES with the amount of XX according to the commercial depreciation of the purchased product.

However, this right may be excluded by mutual agreement between the User and OX MOTORCYCLES with the conditions detailed in the contracting procedure of the products offered on the Website.

10. Responsability

Except for responsibilities that cannot be excluded or limited as a result of applicable regulations, OX MOTORCYCLES is not responsible, directly or indirectly, for claims made by Users that are caused by any of the following circumstances:

I. Any loss of profits, sales, business or income of the User.

II. Damages of any nature arising from the use of OX, in particular, with regard to the commission of crimes or administrative offenses due to non-compliance with traffic regulations or any other applicable provisions.

III. Access problems to the Website and technological problems.

IV. Actions or omissions of third parties.

V. Errors in the information provided by the User.

However, and with the maximum scope provided by law, the total responsibility of OX MOTORCYCLES regarding any other damages or losses that occur in relation to the Terms and Conditions, whether contractual, extra-contractual or derived from the breach of any legal duty , in no case will it be higher than ??

Likewise, OX MOTORCYCLES is not responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said content; (iii) the absence of viruses and / or other harmful components on the Website or on the server that supplies it; (iv) the vulnerability of the Website and / or the impossibility of violating the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) the damages caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that OX MOTORCYCLES establishes on the Website or through the violation of the Website’s security systems.

However, OX MOTORCYCLES declares that it has adopted all the measures reasonably necessary within its possibilities and the state of the art to guarantee the correct functioning of the technical components and the content of the Website.

In any case, OX MOTORCYCLES reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and / or downloading of the content and / or use of services on the Website, with or without prior notification, to Users who contravene any of the provisions detailed in these Conditions of Use, without the User being able to demand any compensation for this cause.

11. Intellectual and industrial property

The design, source code, logos, trademarks and other distinctive signs that appear on the Website belong to OX MOTORCYCLES and are protected by intellectual and industrial property rights. Therefore, its use, reproduction, distribution, public communication, transformation or any other similar or analogous activity is totally prohibited unless expressly authorized by OX MOTORCYCLES.

In addition, OX MOTORCYCLES declares its respect for the intellectual and industrial property rights of third parties, so if you consider that this site could be violating your rights, please contact us at the following address: hello@ox-motorcycles.com.

12. Data Protection

OX MOTORCYCLES will strictly comply with the provisions of Organic Law 3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679, of April 27, 2016 regarding protection of natural persons with regard to the processing of personal data and the free circulation of these data, in relation to the processing of User data.

The personal data or information that the User provides to OX MOTORCYCLES will be treated in accordance with the provisions of the Privacy Policy available at the following link: www.ox-motorcycles.com/en/privacy-policy/

13. Miscellany

13.1. Overwhelming force

OX MOTORCYCLES will not be responsible in the event of the impossibility of executing the Reservations and delivering the OX when force majeure, theft or loss occurs, or an error in the order or the data provided by the User. “Force majeure” shall mean all the circumstances that cause OX MOTORCYCLES to be temporarily or permanently incapable of fulfilling its obligations. By way of example and not limitation:

a) Strikes, lockouts or other industrial action.

b) Civil commotion, revolt, terrestrial or extraterrestrial invasion, zombie apocalypse, terrorist threat or attack, war (declared or not) or threat or preparations for war, population confinement or restrictions on mobility and / or economic activity.

c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

d) Inability to use public or private telecommunication systems.

e)Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the force majeure continues and OX MOTORCYCLES will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure, or its cancellation if Compliance with these obligations will not be reasonably possible.

13.2. Effectiveness of the Terms and Conditions

These Terms and Conditions bind OX MOTORCYCLES and the User, from the moment of acceptance. Any provision or section of the Terms and Conditions that is or becomes illegal, invalid or unenforceable will be excluded from it and will be considered unenforceable in what reaches such illegality, invalidity or unenforceability without affecting the others. and it will be replaced by another that is as similar as possible to the previous one, but will not affect or harm the remaining provisions, which will remain outside of any illegal, invalid or unenforceable clause or provision and will remain on the contrary with full force and effect.

13.3. Waiver or default

The waiver or failure by either party to exercise any right or provision of these Terms and Conditions will not be considered a waiver of the applicable right or provision.

14. Applicable legislation

This contract, written in English, will be interpreted, and any litigation and / or discrepancies between OX MOTORCYCLES and the User will be resolved, in accordance with Spanish regulations.

Last updated: November 04, 2021.