Terms and conditions of use

TERMS AND CONDITIONS OF USE AND SALE

Welcome to Ventaneumaticos.com, a website owned by Pneumàtics Perelló, S.L., with Tax Identification Number (CIF) B17084641 and registered office at C/ Mas Falgas, 8, 17180 Vilablareix (Girona), Spain. These General Terms and Conditions govern access to, browsing and use of the website, as well as the purchase of products marketed through it.

Access to the website implies acceptance of these Terms and Conditions. If the user does not agree with any of them, they must refrain from using this website.

1. PRE-CONTRACTUAL INFORMATION, AVAILABILITY OF THE TERMS AND CONDITIONS, ACCEPTANCE BY THE CUSTOMER, AND POST-CONTRACTUAL DOCUMENTATION AND INFORMATION

These General Terms of Use, together with the General Terms and Conditions governing the different services made available to users on the Pneumàtics Perelló website, are permanently available on the website owned by Pneumàtics Perelló (http://www.ventaneumaticos.com), allowing any user to consult, download and print them, and therefore to become acquainted with the website's terms of use and the contractual conditions applicable to the different services offered before entering into any contract.

With regard to the products purchased by the USER, Pneumàtics Perelló shall send, at the time the purchase is completed and, in any event, within a maximum period of twenty-four (24/48) hours, to the email address provided by the CUSTOMER during the registration process as the primary means of contact, the corresponding order confirmation, including a description of the products purchased and their price, together with a breakdown of the applicable taxes where appropriate.

Likewise, the CUSTOMER shall have permanent access, through their private customer area, to these General Terms and Conditions, the General Terms and Conditions applicable to the different services, details of the contracted services, their validity period, and supporting documents relating to payments made.

Any amendment to these General Terms and Conditions or to the General Terms and Conditions of Sale shall be published clearly and accessibly on the Pneumàtics Perelló website (http://www.ventaneumaticos.com).

All the documentation referred to above may be downloaded, stored and printed by the CUSTOMER, who may also request it at any time through the contact form available on the website or by email.

2. PURPOSE OF THE WEBSITE www.ventaneumaticos.com

The Pneumàtics Perelló website has been created with the purpose of providing information, products and services related to the automotive and motorcycle sectors.

3. CONDITIONS OF ACCESS AND USE

Access to and use of the website www.ventaneumaticos.com confers the status of user and implies full and unconditional acceptance of these General Terms of Use.

Access to the website is free of charge, without prejudice to the cost of the Internet connection provided by the user's contracted service provider.

As a general rule, browsing the website does not require prior registration. However, in order to make purchases or access certain services, users may be required to provide the information requested through the corresponding registration forms.

The user undertakes to use the website, its content and services in accordance with applicable law, good faith, public order and these General Terms and Conditions, refraining from carrying out any action that may damage or hinder the normal operation of the website or cause harm to Pneumàtics Perelló or to third parties.

In particular, the following are expressly prohibited:

  • Using the website for unlawful or fraudulent purposes, or in any way that may cause harm to Pneumàtics Perelló or to third parties.
  • Introducing viruses, malware or any other software or computer code that may damage the website's computer systems or those of third parties.
  • Attempting to gain unauthorized access to restricted areas of the website, to Pneumàtics Perelló's computer systems or to those of third parties.
  • Carrying out actions that may alter, damage, overload or render the website inoperative.
  • Infringing the intellectual or industrial property rights of Pneumàtics Perelló or of third parties.

Pneumàtics Perelló reserves the right to suspend, restrict or prevent access to the website, without prior notice, for users who breach these General Terms and Conditions or use the website in a manner contrary to applicable law, without giving rise to any right to compensation.

4. CONTENT

The content published on the Pneumàtics Perelló website has been prepared by:

  • Pneumàtics Perelló, using its own sources and, where applicable, external sources, being solely responsible for the content produced directly by the company.
  • Users, through the voluntary submission of opinions, ratings, comments or other content, who shall be solely responsible for the information they publish. Pneumàtics Perelló reserves the right to remove any content that is unlawful, offensive, false or contrary to applicable law or to these Terms of Use.
  • Third parties unrelated to Pneumàtics Perelló, where their content is incorporated into the website through collaborations, links or any other means. Such third parties shall be solely responsible for the content they provide.

Pneumàtics Perelló may include links to third-party websites in order to facilitate access to information or complementary products and services. The existence of such links does not imply approval, endorsement or responsibility on the part of Pneumàtics Perelló for their content, services or policies, which remain the sole responsibility of their respective owners.

Accordingly, Pneumàtics Perelló does not guarantee the availability, accuracy, truthfulness, updating or legality of the content, products or services offered by third parties, and disclaims any liability for any damages arising from their use.

Any user wishing to establish a link to the website www.ventaneumaticos.com must, in all cases, comply with the following conditions:

  • Not make any unlawful use of the website, its content or its services, or any use contrary to good faith.
  • Not alter, modify, damage or remove the content of the Pneumàtics Perelló website.
  • Not imply that Pneumàtics Perelló authorizes, supervises, sponsors or maintains any relationship with the website from which the link is made, unless expressly authorized in writing.
  • Not use the trademark, trade name, logo or any other distinctive sign of Pneumàtics Perelló without the prior written authorization of its owner.

Pneumàtics Perelló shall not be responsible for the content, services or information available on third-party websites that include links to its website.

5. LIABILITY OF PNEUMÀTICS PERELLÓ

5.1. Website Availability

Pneumàtics Perelló makes every reasonable effort to ensure the availability and proper functioning of the website. However, it cannot guarantee the absence of interruptions, access errors or technical incidents arising from circumstances beyond its control, such as failures in telecommunications networks, computer equipment malfunctions, actions by third parties, cyberattacks, force majeure or unforeseen events.

In such cases, Pneumàtics Perelló shall take all reasonable measures within its power to restore the operation of the website as quickly as possible.

5.2. Use of the Website

The user shall be solely responsible for the use made of the website and for the information provided through it.

Pneumàtics Perelló shall not be liable for any damage or loss resulting from:

  • Improper, negligent or fraudulent use of the website by the user.
  • The use of incorrect, incomplete or outdated information provided by the user.
  • The inability to provide the service as a result of incorrect or outdated contact details supplied by the user, including email address or delivery information.

5.3. Limitation of Liability

Pneumàtics Perelló shall only be liable for damages directly attributable to it in accordance with applicable law.

Under no circumstances shall Pneumàtics Perelló be liable for indirect damages, loss of profits or losses arising from circumstances beyond its control, except where applicable law expressly provides otherwise.

These limitations of liability shall apply without prejudice to the rights granted to consumers and users under applicable consumer protection legislation.

 

6. WARRANTIES

All products sold by Ventaneumaticos are covered by the statutory warranty of conformity established under Royal Legislative Decree 1/2007 of 16 November, approving the Revised Text of the General Law for the Protection of Consumers and Users.

Ventaneumaticos shall be liable to the consumer for any lack of conformity existing at the time the product is delivered and which becomes apparent within the legally established period of three (3) years. In the event of a lack of conformity, the consumer may exercise the rights granted under applicable legislation, including, where appropriate, repair or replacement of the product and, where applicable, a price reduction or termination of the contract.

To process any claim relating to the statutory warranty, the customer must contact our Customer Service Department, providing the order number or purchase invoice together with a description of the issue.

(Additional information is available in the Returns Guarantee section.)

7. USER RESPONSIBILITY

7.1. Proper Use of the Website

The user undertakes to use the website diligently, in accordance with applicable law, good faith, public order and these General Terms of Use.

The use of the website for unlawful or fraudulent purposes, or in any manner that may prejudice the rights or interests of Pneumàtics Perelló or third parties, is prohibited.

Should Pneumàtics Perelló become aware of any unlawful use or use contrary to these Terms and Conditions, it may suspend or terminate the user's access to the website, without prejudice to reporting the matter to the competent authorities where legally appropriate.

The user shall be solely liable for any damage caused to Pneumàtics Perelló or to third parties as a result of any breach of these General Terms and Conditions or of the applicable legislation.

7.2. Access Credentials

The user shall be responsible for safeguarding and maintaining the confidentiality of the credentials used to access their user account, including their username and password, and undertakes not to disclose or allow their use by third parties.

The user must immediately notify Pneumàtics Perelló of any unauthorized use of their account or any security incident of which they become aware.

7.3. Accuracy and Updating of Information

The user warrants that the personal data provided during the registration or purchase process is true, accurate and complete, and undertakes to keep it properly updated.

In particular, the user shall be responsible for keeping their email address, delivery address and other contact details up to date, and shall bear sole responsibility for any consequences arising from providing incorrect, incomplete or outdated information.

8. COMMUNICATIONS

Communications between Pneumàtics Perelló and the user shall preferably be made by electronic means, using the email address provided by each party.

For these purposes, Pneumàtics Perelló's contact email address is info@ventaneumaticos.com, while the user shall use the email address provided during the registration or purchase process.

The user undertakes to keep their contact details up to date, particularly their email address, and shall be responsible for notifying any changes. The user shall also be responsible for checking their email account regularly in order to receive communications sent by Pneumàtics Perelló.

Where, for technical, legal or urgent reasons, communication by email is not possible, Pneumàtics Perelló may use any other contact method provided by the user, including telephone, postal mail or any other appropriate means of communication.

Pneumàtics Perelló shall not be liable for failure to receive communications where such failure results from incorrect, outdated or inaccurate contact details supplied by the user, or where the failure is due to circumstances beyond its control.

Where necessary, each party shall retain copies of communications exchanged as evidence of the relationship between them.

9. INTELLECTUAL AND INDUSTRIAL PROPERTY

All content available on the website www.ventaneumaticos.com, including, but not limited to, texts, photographs, images, logos, designs, icons, software, source code, structure, databases and any other graphic or audiovisual elements, is the property of Pneumàtics Perelló or of third parties who have authorized its use, and is protected by applicable intellectual and industrial property legislation.

The trademark "Pneumàtics Perelló", its logo and any other associated distinctive signs are registered trademarks or distinctive signs owned by Pneumàtics Perelló. Their use without the prior written authorization of the owner is prohibited.

The reproduction, distribution, public communication, making available, transformation, extraction, reuse or any other form of exploitation, whether in whole or in part, of the website's contents is expressly prohibited without the prior written authorization of Pneumàtics Perelló or, where applicable, of the relevant rights holder, except where expressly permitted by law.

Access to the website shall under no circumstances imply the assignment, transfer, waiver or granting of any licence over the intellectual or industrial property rights of Pneumàtics Perelló, except where expressly authorized in writing.

10. GOVERNING LAW AND JURISDICTION

These General Terms and Conditions shall be governed by and interpreted in accordance with the laws of Spain and, in particular, by the following regulations, without prejudice to any other legislation that may be applicable:

  • Royal Legislative Decree 1/2007 of 16 November, approving the Revised Text of the General Law for the Protection of Consumers and Users and other complementary legislation.

  • Law 7/1998 of 13 April on General Contracting Conditions.
  • Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE).
  • Law 7/1996 of 15 January on Retail Trade Regulation.
  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation – GDPR).
  • Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights.

Any dispute or controversy arising from the interpretation, validity, execution or performance of these General Terms and Conditions involving a consumer shall be submitted to the courts having jurisdiction under the applicable legislation and, in particular, to the courts of the consumer's place of residence where required by law.

Where the purchaser is not a consumer and is acting within the scope of their business or professional activity, the parties expressly submit, waiving any other jurisdiction that may apply, to the Courts and Tribunals of Girona, unless mandatory law provides otherwise.

11. GENERAL PROVISIONS

Should any provision of these General Terms and Conditions be declared wholly or partially null, invalid or unenforceable by a final judicial or administrative decision, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect and shall be interpreted in accordance with the purpose and spirit of these Terms and Conditions.

These General Terms and Conditions are drafted in Spanish. If translations into other languages are published, the Spanish version shall prevail in the event of any discrepancy, unless otherwise required by applicable law.

The failure of Pneumàtics Perelló to exercise, at any given time, any right or remedy available under these General Terms and Conditions shall not constitute a waiver of such right or remedy, nor prevent its subsequent exercise, unless such waiver is made expressly and in writing.