Terms and Conditions of sale

This document regulates the terms and conditions of use of the website accessed and the commercial relationship that arises between Garibaldi SA (hereinafter GARIBALDI) and users who remotely contract the products that appear on the website: https://www.garibaldimoto.com/.

GARIBALDI is dedicated to the sale and distribution of equipment and articles for the motorcycle, as well as other related products.

These General Conditions may be modified without prior notification, therefore, it is advisable to carefully read their content before proceeding to purchase any of the products offered.

The acquisition of any of the products entails the full and unreserved acceptance of each and every one of the General Conditions indicated, without prejudice to the acceptance of the Particular Conditions that may be applicable when acquiring certain products.

By making a purchase on our website, you guarantee that you are over 18 years of age and that you have the necessary legal capacity to contract.

1. Identification

2. Communications

To communicate with us, we put at your disposal different means of contact that we detail below:

3. Main characteristics of our products and services

The products offered, along with their main characteristics and their price appear on the screen.
The descriptions of the Products and Services offered on the Website are made based on the information and documentation provided by the manufacturers and suppliers of GARIBALDI.

GARIBALDI reserves the right to decide, at any time, the products and/or services offered to Clients. In this way, GARIBALDI may, at any time, add new products and/or services to those currently offered. Likewise, GARIBALDI reserves the right to withdraw or stop offering, at any time, and without prior notice, any of the products offered.

4. Availability and substitutions

The products offered are distributed mainly in the countries of the European Union. At the time of purchase, select your country in the corresponding menu for this purpose.

If the country of destination of the order does not appear in the selection menu, please contact our customer service at support@garibaldi.es to inform you of the specific procedure for making the purchase, sending the products and the calculation of the corresponding expenses.

We include information on the website about the availability of the products we sell and this is detailed on the information page of each of the products. It is not possible for us to offer more precise information about the availability of a product, beyond what is shown on the product information page or in other sections of the website. When we process your order, we will notify you as soon as possible by email and/or telephone if any of the products included in your order are not available.

All orders are subject to availability of Products. In the event that, once the shipping confirmation has been sent, GARIBALDI is unable to have the requested Product due to any circumstance, it will contact the User as soon as possible informing them of this fact.

In this case, GARIBALDI may:

• offer the User a product with similar characteristics, price and specifications for its acceptance and in the event that the product is of higher quality, characteristics and price than the one initially requested, the User will be informed of the higher price and if the User agrees will have to pay said difference in price, and/or
• offer the User to cancel the requested Order by reimbursing the amount paid for it, within a period of (14) business days.

5. How to buy?

At GARIBALDI we want to provide you with great convenience when shopping, which is why we offer you different means of purchase:

• Physical stores. Our experts will advise you for any of your needs.
• Online stores. Here on our website, you will have access to all the products we have. We offer a totally comfortable and safe purchase, and if you need help we can advise you on the best option for your needs. At GARIBALDI we will serve your online purchases within 2 to 3 working days (maximum of 5 working days).
• Telephone order. There is also the possibility of processing orders by telephone whenever one of our agents is available. Otherwise, they must do so through our website https://www.garibaldimoto.com/.

6. Purchase and/or contracting process

You can browse the website until you find the desired item. Once located, clicking on it will access all the detailed information offered by the website. From here you can add the item to your purchase.

At GARIBALDI we want to provide you with great convenience when shopping, which is why we offer you different purchase options:

• Buy as a guest (without registering).
• By registering as a user of the online store and thus with the username and password you have chosen, you will be able to access your profile to make future purchases more easily and quickly, in addition to being able to consult the latest orders, your invoices, etc.

The fact of being registered as a user of the online store is not subject to being subscribed to our newsletter to receive offers and promotions.

In either case and to complete the purchase process, you will be asked for a series of personal data such as: Name, surnames, email address, shipping address, postal code, city, country, tax identification number and telephone number. contact. These data must be true and accurate.

You can consult our privacy policy at the following link: https://www.garibaldimoto.com/privacy-policy.

Likewise, you must take into account that at any time you can modify your personal data, as well as exercise the rights of access, rectification, deletion, limitation and opposition in accordance with LO 3/2018, of December 5, on data protection. and Guarantee of Digital Rights (LOPDGDD) and with Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons in terms of treatment of personal data and the free circulation of these data (RGPD).

Once the products have been chosen, you can continue your purchase or finally confirm the order where the total price will be indicated, including IVA and shipping cost.

If you do not want to make any other order, you have to press the “ORDER WITH OBLIGATION TO PAY” button to access the last screen to carry out the payment process using the "PAY" button to validate it and access the corresponding payment gateway and Make the payment.

Within a maximum period of 24 hours from the reception of the acceptance, they will receive the confirmation of the order by e-mail to the e-mail address that they have indicated.
Likewise, it is recommended that the customer print and/or save a copy on a durable medium of the conditions of sale when placing their order, as well as the proof of receipt sent by GARIBALDI by email.

Promotions, offers and/or outlet
At certain times, promotions, offers or outlet products will be offered through the website.
For these products, the purchase, contracting, withdrawal and guarantee process is the same as for the rest of the products on the website.

7. Billing

Together with your order, and in compliance with art. 63.3 of RDL 1/2007, of November 16, (LGDCU) the user will receive the corresponding invoice in paper format.

If the user wants the invoice to be sent in electronic format, it will be necessary to mark the checkbox "I want to receive electronic invoice" of the registration form or, contact the GARIBALDI user service to obtain their express consent and they will be will specify the form of receipt of the electronic invoice.
The user who has chosen this option may, at any time, revoke this consent by writing to the e-mail support@garibaldi.es indicating in the same "revocation invoice in electronic format" and for future purchases you will receive the invoice in paper format which will be sent by post.

8. Delivery

All shipments are made through our logistics operator GLS.

PLACE OF DELIVERY.

Collection at the GARIBALDI warehouse:
If you prefer, you can come pick up your order at our store at Calle Sicilia, 174, 176 Bajos 08013 Barcelona (Barcelona).

Express delivery service (only for Barcelona city)
For urgent deliveries within the city of Barcelona, GARIBALDI offers an express delivery service. (maximum 2 hours)

Delivery to your home or place of work:
GARIBALDI undertakes to deliver the product in perfect condition to the address indicated by the user. To optimize the delivery process, the address indicated by the User must be an address where delivery can be made within normal business hours.

If at the time of delivery of the Product to the indicated address, the User is absent, the GLS regulations will apply and he will return the next (working) day. The carrier will try to deliver the package up to two times. If the delivery is not possible, the order will be taken to the nearest GLS collection center and after 10 days will be returned to the GARIBALDI warehouses and the User will be responsible for the shipping and return costs, as well as any possible shipping costs and associated management.

GARIBALDI will not be responsible for errors or damages caused in the delivery when the delivery address entered by the user does not match the place of delivery desired by the user.

GARIBALDI may deliver the same order of Products in several deliveries on different dates.

It should be noted that:

• We do not ship to PO Boxes.
• At the time of delivery of the order for Products, the User must show their identification document to the carrier, sign the delivery note and request a copy from the carrier.

DELIVERY TERM.

Orders will be processed Monday through Friday.
Orders received on Saturday, Sunday or holidays will be processed the next first business day.
If the purchase is made before 3:00 p.m. on working days (excluding holidays*), we usually ship the order the same day.

*Orders received during the holiday break (second and third week of August), will be processed during the fourth week of August.

GARIBALDI does not deliver Products on Saturdays, Sundays, national, regional and local holidays.

GARIBALDI will inform the User, by sending an email to their email address, of the date of departure from the GARIBALDI warehouses of the corresponding order and the contact details of the transport company that will make the delivery.

For shipments within the European Union, the estimated delivery time is two to three working days from the date of confirmation of payment, over a maximum of five working days.

If the order is delayed by more than five days, contact the email support@garibaldi.es.

For shipments to the Canary Islands or other countries outside the European Union, the estimated delivery time will be specified specifically at the time.

The Product will be delivered to the address indicated by the user, except for circumstances of "Force Majeure" * that cannot be foreseen by GARIBALDI.

* “Force Majeure”: Causes of Force Majeure include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:

• Strikes, lockouts or other protest measures.
• Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
• Impossibility of using public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Failures or accidents of maritime or fluvial transport, postal or any other type of transport.

The delivery is considered made from the moment in which the product has been made available to the User at the place of delivery indicated by the user.
The risk of the Products (among others, loss, impairment or theft) will be transmitted to the User from the moment the order of Products has been made available to the User in accordance with the provisions of these Conditions of Sale.

ORDER TRACKING

You can track the delivery process of your order at any time after you receive the order confirmation from our warehouse through your account on our website or a link that GLS will send you by email. This is a service through which you will receive a confirmation e-mail with the code (tracking number) that will allow you to locate the status of your order.

9. Prices, expenses and taxes

PRICES

The price of each product is duly indicated on the information page of each of the products, as well as its corresponding description.
In accordance with current legislation, any purchase made from our website will be subject to value added tax. The applicable rate will be the one legally in force at any given time.

The products offered are distributed mainly in the countries of the European Union. At the time of purchase, select your country in the corresponding menu for this purpose.

If the country of destination of the order does not appear in the selection menu, please contact our customer service at support@garibaldi.es to inform you of the specific procedure for making the purchase, sending the products and the calculation of the corresponding expenses.

In orders made from outside of Peninsular Spain and the Balearic Islands, the taxes and duties derived from the entry and exit of the product in these territories will apply (according to current regulations) and must be paid directly by the User to the logistician operator responsible for the delivery of the product.

All prices are shown in euros (€) and should be considered as the final price to be paid by the customer (including VAT or not depending on the delivery territory, as indicated in the previous paragraphs). Transport costs (if any) as well as taxes and duties for the entry and exit of the product outside the countries of the European Union, are not included in this price and will be specifically reported in each case.

The price of the order will be calculated automatically at the time of filling the shopping basket.
Prices may change at any time. However, the possible changes will not affect the Products for which GARIBALDI has already sent the Shipping Confirmation.

SHIPPING COSTS

Shipping costs are calculated automatically during the purchase process.

For shipments to Spain (excluding the Balearic Islands, the Canary Islands, Ceuta and Melilla)

• · for orders less than €49.95, shipping costs are €7.95.
• · for orders from €49.95, shipping costs are FREE.

For Express shipments – (only Barcelona city)

• · Express orders shipping costs are €11.95.

For shipments to the Balearic Islands

• · for orders less than €99.95, shipping costs are €14.95.
• · for orders from €99.95, shipping costs are FREE.

For shipments to the Canary Islands, Ceuta and Melilla

• · for orders less than €149.95, shipping costs are €19.95.
• · for orders from €149.95, shipping costs are FREE.

For shipments to countries of the European Union

• · for orders less than €199.95, shipping costs are €24.95
• · for orders from €199.95, shipping costs are FREE.

For other countries outside the European Union
Before placing the order, contact support@garibaldi.es by email to be informed as to how to place the order and specifically calculate the shipping costs.

CUSTOMS / TARIFFS

If your order must be delivered to a territory outside the European Union, the Canary Islands, Ceuta and Melilla, you will surely have to pay import duties and taxes upon arrival.

Depending on the shipping address of the order, the tariffs, costs and availability of some products may vary.

The client/buyer is responsible for ensuring the import legality of the desired product to be purchased from the country of destination. The recipient is a nominal importer and must comply with all regulations and laws of the country of destination of the package. To find out about customs policies you should contact your local customs office.

Additional charges must be borne by the recipient. In addition, you should be aware that international trade may carry out inspections and reviews carried out by customs authorities. Likewise, it is likely that we will have to provide information regarding the products included in the order, both to the transport company and to the relevant authorities so that it is easier to comply with current and current legislation.

The client must bear in mind that these customs procedures may cause delays external to our delivery times.

10. Methods of payment

The payment of the purchased product can be made:

By Bank transfer.
When paying by bank transfer, once the order is confirmed, you will receive all the necessary data to make the transfer. The order will be sent when the deposit is confirmed in our bank account. The transfer must be made in Euros (€).

By credit or debit card.
The following cards are accepted: VISA, VISA Electron, 4B, MasterCard, Eurocard or American Express.

Through Paypal payment system.
Your order will be shipped as soon as we receive confirmation of full payment from Paypal.

Through Bizum payment system.
Once the order is confirmed, you will receive all the necessary data to make the payment by Bizum. All payments must be made in Euros (€).

The amount of the order will be charged to the card, so you must indicate the number, the expiration date, as well as the security code CW2 (included on the front). If the card is secured, you will be asked for the relevant security codes.

These data will not be saved or manipulated by GARIBALDI, but will be registered directly in the payment gateway of the corresponding financial entity. For greater security, we will use a Secure Electronic Commerce authentication service, a system established by Visa / MasterCard / Eurocard and other office payment systems, by which the user authenticates himself before his issuing Entity and the merchant authenticates himself before his acquiring bank.

In order to guarantee the confidentiality and integrity of the transactions, they are carried out through the SSL (Secure Socket Layer) protocol with 128-bit security keys.

The charge will be carried out in real time through this payment gateway. In the event that the charge cannot finally be carried out (for whatever reason), the order will be automatically cancelled.

11. Right of withdrawal

INFORMATION AND EXERCISE OF THE RIGHT OF WITHDRAWAL

According to the regulations, the consumer and user will have the right to WITHDRAW from the contract for a maximum period of 14 calendar days without the need to indicate the reason and without incurring any cost, except those provided for in art. 107.2 and 108 of RDL 1/2007, of November 16, approving the aforementioned text of the General Law for the Defense of Consumers and Users (LGDCU).

The User will not have the right to withdraw based on the exceptions provided for in article 103 of RDL 1/2007, of November 16 (LGDCU) and, in particular, by way of example and not limitation, in the following cases:

Regarding goods, the right of withdrawal cannot be exercised in the event that:

• Have been personalized.
• Can be damaged quickly.
• Are sealed and not suitable for return for health or hygiene reasons or have been unsealed after delivery.
• They have been inextricably mixed with other assets.

The price depends on the fluctuations of the financial market that the entrepreneur cannot control and that may occur during the period of exercise of the right of withdrawal.

The client will have a maximum period of 14 calendar days from the day of receipt of the requested good or product to inform GARIBALDI of their desire to withdraw from the contract.

Withdrawal implies that GARIBALDI will proceed to refund the amount already paid by the customer within a maximum period of 14 calendar days, following the same procedure chosen by the customer for payment (provided that the product purchased is not within the exceptions indicated previously).

During this period, the consumer will inform the entrepreneur of his decision to withdraw from the contract by filling out the form found in -ANNEX I- at the end of this document and sending it to the GARIBALDI email address.

Once the period of fourteen (14) calendar days has expired, GARIBALDI will not accept returns for withdrawal of purchases of Products.
To use this system, the following requirements must be met:

• The Product must be in the same state in which it was delivered and must retain the original instructions, documentation, accessories, packaging and labeling. Identification labels must still be attached to their respective products. (Otherwise a partial refund will be made or it will be denied).
• Be sure to check that the size is correct and the item fits properly before removing the tags and discarding the packaging.
• The return to GARIBALDI must be made using the same box or envelope used in the delivery or, if not, in a similar format that guarantees the return of the Products in perfect condition.

Once we receive your request, we will contact the user to indicate the details of the return.

EXCLUSIONS

Under no circumstances can products purchased from an authorized distributor be returned directly to GARIBALDI, but any transaction must be managed and processed at the point of sale where the product was purchased.

REIMBURSEMENT OF THE PRICE OF THE PRODUCTS TO THE USER

In the event of the exercise of the right of withdrawal, the User will have the right to reimbursement of the price of the returned Products, provided that the returned Products are in the same conditions in which they were delivered, have not been used, washed, damaged or lost before arriving at the GARIBALDI premises and the requirements established in these Conditions of Sale have been met.

GARIBALDI will check the adequacy of the returned Product in its warehouse, reserving the right not to make a refund if it detects that the Product purchased and the Product returned do not match or that the return has not been made in accordance with these Conditions of Sale.

Partial returns of an order will result in partial price and shipping refunds. In this case, the shipping costs will be borne by the user.

GARIBALDI will not be responsible for the direct costs and expenses caused to the User for those returns of products in the exercise of the right of withdrawal, therefore, the User will assume the shipping costs for return.

GARIBALDI will manage the price refund order through the same payment system used by the User and/or by bank transfer for the acquisition of the Products, within a period of forty-eight (48) hours from the confirmation of the returned order arrival at its warehouse and, in any case, within a period not exceeding 14 calendar days since the User communicated his withdrawal. The application of the price refund will be made depending on the payment system used for the purchase (transfer, credit card, Paypal or Bizum).

The payment to the user's account or card will depend on the card and the issuing entity.

12. Return policy

RETURN OF DEFECTIVE PRODUCTS

The User is entitled to full reimbursement of the price, shipping costs and shipping costs for the return of Defective Products or Products delivered if they do not correspond to the order placed by the User, in accordance with applicable law.

For these purposes and to manage returns quickly and easily, you will have to contact GARIBALDI by email support@garibaldi.es and/or by phone 932 65 63 05 within a maximum period of 14 calendar days from the date of reception of the order.
GARIBALDI will manage the price refund order through the same payment system used by the User and/or by bank transfer for the acquisition of the Products, within a period of forty-eight (48) hours from the confirmation of arrival at its warehouse and, in any case, within a period not exceeding 14 calendar days from the time the User communicated their claim. The application of the refund of the price in the user's account or card will depend on the card and the issuing entity.

REFUND FOR SIZE CHANGES

In the case of a return due to a change in size, it must be made within 14 days of the order reception.

In that case, both the return costs and the new shipment will be borne by the User. In case of a second return due to a change in size, both the return costs and the new shipment will also be borne by the user.

13. Warranty

GARIBALDI carefully checks all its products, but if the product has been damaged or does not work properly, do not hesitate to contact us and we will provide you with all the necessary support. The used products on which the guarantee is requested will be studied, repaired or changed, whenever appropriate. If we are unable to repair the product, or the repair costs are higher than the cost of a new product, the product will be exchanged for the same or equivalent model.

Products purchased through https://www.garibaldimoto.com/ enjoy a 3-year warranty period from the time of purchase (2 years for purchases made before January 1, 2022), which cover possible manufacturing defects of the product, as well as any failure produced during said period.

In new products, during the first 2 years from the purchase, the defects that may appear are considered to be of origin or manufacture -unless the selling company can prove otherwise-, and the consumer can choose between repairing or replacing the product. The warranty time stops until the product is made available again to the User.

After 2 years, the seller can demand from the consumer an expert opinion of the product that shows that the defect is from the factory and that it is not due to misuse or the passage of time.

Excluded from the guarantees are consumable products, deficiencies caused by improper use or manipulation, connection to the electrical network other than that indicated, incorrect installation or defects derived from any external cause.

In products of a durable nature, the consumer will have the right to an adequate technical service and the existence of spare parts for a minimum of 5 years from the date on which the product ceases to be manufactured, without the price of the spare parts being able to be increased when applying them in the repairs.

To avoid problems with the installation or operation of the purchased product, please ensure that you have followed the installation and operation instructions contained in the user manuals.

If, even so, the purchased product does not work correctly, you should immediately contact the customer service and technical assistance of the manufacturer, or, where appropriate, the representative or distributor.

To learn about the procedures to be followed in the event of problems or breakdowns in a product, you can contact:

• With the GARIBALDI Customer Service by email at support@garibaldi.es or by calling 932 65 63 05
• If, due to the type of problems or breakdowns, it is necessary, GARIBALDI will provide you with the necessary information from the manufacturer (name, contact details of the manufacturer's technical assistance service) to solve the problem or breakdown.

Technical services will usually require you to provide them with the following information:

• · Invoice number.
• · Identification of the specific model.
• · Serial number.

REPAIR AND/OR REPLACEMENT TIME

The repair times or the possible substitution of the product do not depend exclusively on Garibaldi and no damage may be requested from Garibaldi for possible delays in carrying out repairs or substitutions. It may be the case that the article is not available and the term to carry out the change is longer than usual.

WARRANTY LIMITS AND EXCLUSIONS

The guarantee that gives the right to repair or change covers any type of material or manufacturing defect, although the used products must first be studied to evaluate that it is not one of the defects detailed below, any of them would be grounds for exclusion from the warranty.

• Usual damage due to wear and tear*
• Improper use of equipment
• Negligence or negligence in the care of the product
• Improper maintenance of the product (for example, not following the washing instructions)
• Damage due to blow, scratch, puncture, fall or accident
• Damage caused by any alteration, including repairs carried out by unauthorized persons
• Damage caused by factors or events beyond Garibaldi's control (for example, natural disasters)
• Any form of product modification
• Subjective user ratings, relative to comfort or fit
• Damage caused by prolonged exposure to light (for example loss of color) and/or heat sources.

*What do we understand by normal wear and tear? It is the usual aging of a product caused by its regular use. No matter how careful you are with your product, your GARIBALDI product will wear and age from use. Examples of normal wear and tear (which are excluded from the warranty years) are wear marks from contact with various points on the motorcycle, general wear and tear on materials and fabrics from repeated use over time or loss of colour.

If you bought your product at https://www.garibaldimoto.com/, claim the guarantee by contacting us directly.
If you purchased your product from an authorized GARIBALDI dealer, contact that dealer.

INVALIDITY OF THE GUARANTEE AND TRANSPORT COSTS

If the damage to the product is due to misuse, it will be returned freight collect to the user. Garibaldi will only bear the transport costs for returning the product in the event that the guarantee is valid.

WARRANTY FORM

To exercise your right, you must fill out our Guarantee form. You can access it through your account or at the end of this text in ANNEX II.

If you have registered on our website, there you will be able to find the list of your "Orders" and follow the instructions to exercise your right to repair and/or return for a possible lack of conformity of your purchase.

If you do not have an account, fill out the Guarantee form directly. You will need to have your purchase receipt at hand, with the number and date of your order. Once the form is completed, you will receive a confirmation email to the email address you have provided with all the details of your eventual guarantee.

It is recommended that you attach photos of the defect when you are completing the form. Once you have sent it, you will receive a confirmation email to the email address you have provided us with all the details of your eventual guarantee.

14. Liability and exemption of liability

The consumer and user has the right to repair the product, its replacement, a price reduction or the termination of the contract, as established in Chapter II Title. IV Book II of the General Law for the Defense of Consumers and Users.

If the product is not in accordance with the contract, the consumer may choose between the repair or replacement of the product, both being free for the consumer, which will be carried out within a reasonable period of time depending on the nature of the products and the purpose for which they were intended.

If the repair is completed and the product is delivered and it is still not in accordance with the contract, the consumer may demand its replacement, the price reduction or the termination of the contract.

15. User service

Contact channels for the User Service:

16. Complaints

To file any complaint or claim with GARIBALDI, the customer should contact the user service writing to the GARIBALDI email address 932 65 63 05 o a la dirección de correo electrónico de GARIBALDI support@garibaldi.es.

According to the EU Consumer Online Dispute Resolution and in accordance with Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/.

17. Applicable legislation and competent jurisdiction

These conditions will be governed by Spanish law.
The parties agree to submit for the resolution of any controversy, conflict or claim arising from this contract, to the Courts and Tribunals of the user's domicile.

18. Partial nullity

In the event that any clause of these Conditions of Sale is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these Conditions of Sale.

The non-exercise by GARIBALDI of any right derived from these Conditions of Sale will not be interpreted as a waiver of this right, unless having GARIBALDI expressly and in writing waived or being the action that corresponds in each case prescribed.

19. Language

This translation in English is only issued for reasons of convenience and in compliance with the right to information according to article 13 of EU Regulation 2016/679, of April 27, 2016 (RGPD) and article 11 of Organic Law 3/2018, of 5 December 2018 (LOPDGDD). In case of divergence or incompatibility between the English and Spanish versions of these Privacy Policy, the Spanish version will prevail.