Company address: Ronda Canaleta s/n., Pol. Ind. La Farga, 17820 - Banyoles (Girona – SPAIN)
Tax registration number: B17038027.
“Purchaser”: The person, being a Purchaser of a purchased product, who registers correctly through the registration forms prepared for that purpose, who accepts the General Conditions of Purchase and who provides the required minimum compulsory information.
“Product”: The goods, including documents and services associated with the sale of such goods and being applicable to them.
GENERAL CONDITIONS OF PURCHASE:
The General Conditions of Purchase (hereinafter GCP) govern the acquisition by THE PURCHASER, through the website, www.noneracing.com (hereinafter NONERACING), of the products offered through the Virtual Store.
The GCP are the only conditions applicable and replace all other conditions, except in the case of prior written express cancellation.
Information contained in this website is valid from the time of its last update. THE SELLER reserves the right to update, modify or delete the information of NONERACING, and to use this right at any time and without prior notice. Moreover, THE SELLER reserves the right to unilaterally modify the terms and conditions of use of NONERACING and undertakes to announce any such modifications as soon as is convenient. Any such modifications to the terms and conditions will come into force from the time of their publication in NONERACING and will not be applicable to previous contracts. Therefore, it is advisable to read the terms and conditions of the GCP at each visit to NONERACING, especially before finalising any type of business transaction through our Online Store.
Every purchase through NONERACING is governed by the GCP applicable on the date of order. Confirmation of an order by THE PURCHASER is considered as an express acceptance, without reservations, of the GCP.
THE SELLER makes every effort to avoid any errors in the contents of NONERACING. Nevertheless, THE SELLER cannot guarantee against, and is not responsible for, any consequences arising from errors in the contents of NONERACING. THE SELLER does not assume any responsibility for any discrepancies that may exist between printed and electronic versions of NONERACING. In case of discrepancy between the printed version and the NONERACING electronic version, the printed version shall prevail, except in cases included in the published rules for misprints and updates. Each area of information, contents and data published in the pages of this website or in its promotional programs are checked before publication. Nonetheless, it is not possible to guarantee that they are absolutely free of misprints, typing errors, composition defects and equivalent problems. Because of that, it is advisable for Users to pay attention to any possible update or correction published on the website and to check the most important information through the personal communication channels, telephone or fax provided on the same page. Decisions must not be based exclusively on the information in this website or in any published promotional programs.
Accessing NONERACING includes a commitment to respect the rules of use contained therein, and in the GCP.
To purchase on NONERACING THE PURCHASER will need to register or to be registered as user and to accept the GCP.
According to Decree 70/2003, 4 March, complaint forms are available for our PURCHASERS. In the following link, you can download a pdf file with instructions in Spanish, Catalan and English: instructions.
At all times, THE PURCHASER should use the Online Store of NONERACING and its contents and / or services diligently and in accordance with these General Conditions and the content of the Legal Notices, as well as with statutory law and with generally accepted standards.
NONERACING reserves the right to deny or withdraw access to the Online Store and / or services contained therein, at any time and without prior notice, to any PURCHASER who does not comply with the provisions of these Terms and especially with the above established provisions.
THE PURCHASER agrees not to use the Online Store and/or its services for illegal purposes or effects, opposite to the provisions established in these General Conditions, or purposes injurious to the rights and interests of third parties, or that, in any way, could damage, disable, overload or deteriorate NONERACING (including data, programs or electronic documents and other items placed in the Website) or prevent or make difficult the normal use or enjoyment of this Online Store and/or its services by Users.
The User shall refrain from obtaining or trying to obtain information, messages, graphics, pictures, sound files and/or images, photographs, recordings, software and, in general, any kind of material accessible through NONERACING or its services, using means or procedures different from those, according to circumstances, which have been placed at the User´s disposal for this purpose or indicated through NONERACING.
Furthermore, the User undertakes not to hinder access by other Users to the service through excessive consumption of the computer resources, by means of which THE SELLER provides the service, or through carrying out actions that damage, interrupt or generate errors in these systems.
The User undertakes not to introduce programs, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or are able to cause any type of alteration in the computer systems of “DERIVADOS DEL MOTOR, S.L.U.” (SMLLC) or third parties.
It is not permitted to include the contents of NONERACING in other websites, nor in other means or supports. Also not permitted is the reproduction, distribution, public communication or transformation of such contents of NONERACING, either free or by payment and in any form or support, without prior express written permission of NONERACING.
Language of the contract: SPANISH.
Conditions of legal guarantee and commercial guarantee, and ways and means of payment, associated costs and operational procedure of the web is in the section FAQS.
REGIME OF LIABILITY
Liability for Use of the Web
The User is solely responsible for violations by which the User can incur damages that can be caused by the use of NONERACING, keeping THE SELLER exonerated from any type of liability that may arise from any such actions of the User.
The User is solely responsible for any claim or legal action, judicial or extrajudicial, initiated by third parties against THE SELLER, based on the use of NONERACING. In any such case, the User will assume all expenses, costs and compensation caused to THE SELLER due to these claims or legal actions.
Liability for operation of NONERACING
THE SELLER is excluded from all liability that might arise from interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of the electronic system caused by circumstances beyond THE SELLER´s control.
In addition, THE SELLER is excluded from all liability arising from delays or blockages in the operation of the electronic system caused by deficiencies or overloading of telephone lines or Internet, as well as damages caused by third parties through illegitimate interferences, beyond THE SELLER’s control.
Liability for links.
THE SELLER is excluded from all responsibility for information that is outside of NONERACING, since the purpose of the links that may appear is only to inform the User of the existence of other information sources about a particular subject.
THE SELLER is excluded from all responsibility for the correct operation of the links, the result obtained through those links, the veracity and legality of content or information to which it is possible to access and damages that can be suffered from the information found in the linked website.
Liability for advertising
Parts of the NONERACING website may contain advertising material or be sponsored. Advertisers and sponsors are the only ones responsible for ensuring that remitted material for inclusion in NONERACING complies with the laws that apply in each case. THE SELLER shall not be liable for any errors, inaccuracies or irregularities that advertising or sponsored material may contain.
In any case, to lodge a complaint against NONERACING, related to advertising or sponsored material inserted therein, contact the following email address: email@example.com
Liability for forum
THE SELLER offers or may offer to Users the possibility of inserting comments and/or sending pictures to be incorporated into the appropriate sections. The publication of comments or photographs is subject to this legal notice. If in disagreement with this, please do not use these services.
The person identified in each case as the one who has made the comments and/or sent the photographs is solely responsible for them, as well as for ensuring that their inclusion in NONERACING complies with the relevant laws. Comments and/or photographs do not reflect the opinion of THE SELLER or any statement THE SELLER may have made. THE SELLER shall not be liable for any error, inaccuracy or irregularity, that comments and/or photographs inserted in the forum may contain.
In addition, THE SELLER shall not be responsible, except in those extremes required by law, for damages that might be caused by the insertion of these comments and/or photographs.
The User-supplier of the text and/or photographs yields to THE SELLER the right of reproduction, use, public communication and any type of activity in electronic, digital or paper format, as well as in any other support. In particular, The User yields these rights in order to place the text and/or photographs in THE SELLER’s website, so other Users may access them.
The User-supplier states that he/she is the owner of the rights over the texts or photographs or, where appropriate, ensures that he/she has the necessary rights and authorizations of the author or owner of the text and/or photographs, for use and exploitation by THE SELLER through its website. In cases where the User omits to state that he/she has the rights to make the cession to THE SELLER, he/she must expressly warn about the omission.
THE SELLER shall not be liable, except in those extremes required by law, for damages that could be caused by use, reproduction, distribution or public communication of texts and/or photographs protected by intellectual property rights belonging to third parties, without the User having previously obtained necessary authorization from its owners to carry out the use made or intended. In that case, the User agrees that he/she will be solely responsible for any complaint by a third party claiming to have rights over texts and/or photographs.
THE SELLER reserves the right to use the provided photographs for the realization of exhibitions and/or publication of books, catalogues or similar publications, in physical, digital or any other means or supports which allow its reproduction, distribution and/or public communication.
In addition, THE SELLER reserves the right to withdraw unilaterally comments and/or photographs contained in the forum or in any other section of NONERACING, when THE SELLER deems it appropriate.
THE SELLER is not responsible for information sent by the User when THE SELLER has no knowledge whether the information stored is lawful or if it infringes on goods or rights of a third party and may be subject to compensation. At such time as THE SELLER has knowledge of the data as mentioned above THE SELLER undertakes to act diligently to remove them or to make it impossible to access them.
In any case, to lodge a complaint against NONERACING, related to contents inserted therein by a User, contact the following email address: firstname.lastname@example.org
LEGAL ADVICE ON INTELLECTUAL PROPERTY:
NONERACING owns (and the Spanish, European Union and International laws protect) all the intellectual and industrial property rights over this Online Store and any of its contents, being reserved for NONERACING´s exclusive ownership around the world and throughout their legal life.
It is considered that included in this group of rights, by way of example and without limitation, are any intellectual and industrial property rights over texts, images, drawings, combination of colours, audio and/or video files, software files, buttons, trademarks, logos, slogans and designs, computer programs and its components (source code, interfaces, applications, system developments, ...), as well as the structure, design, selection, arrangement and presentation of any information and/or content of NONERACING.
In the same way, the content of NONERACING is considered a computer programme and any Spanish, European Union and International legislation about this subject, which is in force, is applicable to it.
Expressly prohibited, is the reproduction, copying, public communication, distribution, modification, transformation, suppression, manipulation, and any other form of use, with or without profit, of all or part of this Virtual Store or any of its contents, without prior express written authorization of NONERACING.
This prohibition is extended to the technical devices of protection, fingerprints and other information mechanisms related to contents. It is likewise expressly prohibited to use any kind of information about any of its contents, obtained through NONERACING, for any sort of advertising, promotional and /or business purposes.
Notwithstanding the provisions above mentioned, certain contents of NONERACING belong to their respective owners and are used in NONERACING under licence or authorization.
Under no circumstances is it considered that, by accessing NONERACING, the User obtains any licence or authorization of NONERACING to use (except for strictly personal use) any content, information or service available in NONERACING or any related right, especially intellectual and industrial property rights.
PRIVACY AND PERSONAL DATA PROTECTION POLICY:
In order to use certain contents or services from this website, NONERACING may request certain personal data from Users. THE SELLER guarantees strict compliance with the legislation in force on personal data protection and information society services and electronic commerce.
NONERACING will provide the User with the necessary information and, if necessary, ask for his/her consent in order to allow NONERACING to process data and incorporate it in the NONERACING data files. At the time of proceeding with data collection, the voluntary or compulsory nature of the collected data will be announced.
You will find a registration form, for the use of adults only, on our website.
THE PURCHASER must complete the registration form, particularly those areas that are compulsory. Otherwise, NONERACING may not provide the services offered in the Virtual Store.
The User states that all the information supplied in order to access NONERACING and in the course of its use, is true, complete and accurate and the PURCHASER undertakes to keep it updated.
The User is considered legally informed and consents and expressly authorizes NONERACING (DERIVADOS DEL MOTOR S.L.U., Ronda Canaleta s/n, Pol. Ind. La Farga, 17820 – Banyoles (Girona)) to store and process personal data provided in the registration process and personal data supplied as a result of computer processes from
the use of the Virtual Store (data obtained from purchases), in order to manage, maintain and control the execution of the service and any intended use in market research, and to send commercial information about NONERACING’s products and services. The provided data will be incorporated into an automated file, duly declared to the Spanish Data Protection Agency.
Under the provisions of the Law 34/2002 on information society services and electronic commerce, if THE PURCHASER fills out the relevant fields in an e-mail or by mobile phone, he/she will be stating the express and unequivocal desire to receive advertising via e-mail and/or mobile phone (SMS/MMS).
The User may, at any time, exercise his/her right of access, rectification and cancellation by applying in writing to afore mentioned Direction.
Access: Request for information about personal data included in a file.
Rectification: Request for correction of inaccurate or incorrect personal data that has been collected and included in a file.
Cancellation: Request for cancellation of personal data that has been collected and included in a file.
With regard to electronic commercial communications, THE PURCHASER may state his/her desire not to receive electronic commercial communications by means of the mechanism that is available in that same electronic commercial communication (in case of e-mailing, click here to unsubscribe).
You can consult the conditions of transport at the relevant help point.
A cookie is a piece of data stored in the User’s hard disk containing information about the User. The use of a cookie is not linked, in any way, to any information of a personal nature identified during the use of our website. Once the User closes any browser, a cookie simply terminates. For example, using a cookie in our website, the User would have to provide the password only once, saving time during use of the site. If the User does not accept the placement of this cookie, use of our site may continue without any problem. The User has the option to configure a browser so as to be warned on screen when cookies are received and to prevent the installation of cookies on the hard disk. In order to use the site, it is not necessary for The User to allow the installation of cookies, however, such cases will require the User to register as a user of each service that requires prior registration.
ACCESS TO THE WEBSITE AND PASSWORDS:
User’s data obtained through subscription to the present website is protected by a password chosen by The User, who undertakes to keep the password secret and to protect it from unauthorised use by third parties.
In the event that a password is revealed to third parties, The User shall be responsible for the use of the service made by those third parties. The User must also notify NONERACING immediately of any known unauthorised use of his/her account or any violation of security related to the service of this website. NONERACING shall not be liable for the revelation of personal data to third parties, other than due to causes directly attributable to NONERACING, nor for the use of such data by third parties beyond NONERACING´s control.
LAW AND JURISDICTION:
These General Conditions are governed by Spanish law, and the parties thereto agree to submit, in the resolution of any conflicts and by renouncing any other jurisdiction, to the courts and tribunals of Girona (Spain).
Accessing NONERACING implies the acceptance by The User of these Conditions and the contents of this legal notice, and their commitment to respect them.
The website of NONERACING will work correctly if The User uses the following browsers, regardless of his/her own operative system:
Internet Explorer 7+ / Mozilla Firefox 2.5 + / Google Chrome / Safari 4 +
We recommend that The User uses a resolution of at least 1024 x 768 pixels, although if the resolution is lower, the website will work thanks to the appearance of scrolls.
What are cookies? Cookies are small files that some platforms, like web pages, may install on your computer, smart phone, tablet or smart television. Their functions can be very varied: amongst others, they can save your browsing preferences, compile statistical information and allow certain technical functionalities. Sometimes, cookies are used to store basic information about a user´s browsing habits through their device and, in some cases, cookies can identify the user or device.
Why are they important? Cookies are useful for various reasons. From a technical point of view, they allow web pages to function more smoothly and according to the user´s preferences, such as remembering the user´s language or country currency. Furthermore, thanks to statistical information that is collected through them, cookies help website managers to improve the services they offer.
Performance improvement cookies These cookies save your preferences for certain options or services so that you do not have to reconfigure them each time you visit our portal. In some cases, they can be provided by third parties. In the case of e-sales, they allow shopping basket information to be saved.
Statistical analysis cookies These are cookies that, whether managed by ourselves or third parties, count the number of visitors to a site. They also statistically analyse how customers use our services. Through these cookies, we can study browsing patterns on our website, and improve the range of products and services that we offer.
Registration cookies When you register on our website, cookies are installed which identify you as a registered user and indicate when you have logged onto the portal. These cookies are used to identify the user account and associated services. These cookies are maintained until you log out of your account, close your browser or turn off your device. These cookies can be used in combination with analytical data to uniquely identify your preferences on our portal.
Other third party cookies Third party cookies may be installed in some of our webpages allowing the services offered to be managed and improved. An example of this use is links to social networks which allow our content to be shared.
How can I configure my preferences? You can allow, block or delete cookies installed on your device through the options on your internet browser. If you block them, some services which need them may no longer be available to you. Below you have links to more information on how you can activate your preferences in the main browsers.