GENERAL CONTRACTING CONDITIONS AND GENERAL NOTES OF THE PRODUCT
1. THE PARTIES
1.1 Alejandro Sánchez Trívez, with DNI. 17,742,629-S, with address in Torres de Berrellén, at Avda. Goya, nº 64, postal code 50693, with no. by phone +34 976 653 405, with email ecommerce@astrollcages.com, hereinafter AST Roll Cages.
1.2 Definitions:
• The client is the natural or legal person who acquires the product offered by AST Roll by AST Roll Cages. The latter may be classified as a consumer. The Client will be identified in the particular conditions.
• Individuals acting with a purpose other than their commercial, business, trade or profession will be consumers.
• You will be a User, the natural person or natural persons who access / do not browse on the AST Roll Cages website.
1.3 In addition to reading the following General Contracting Conditions, continue reading the Legal Notice and the Conditions of Use ( https://astrollcages.com/tienda/en/content/2-legal-notices ) and in the same way, the Privacy Policies ( https://astrollcages.com/tienda/en/content/18-privacy-policy- ). The Conditions can be modified so that the User is responsible for consulting them each time they access, browse the Web, as they may need to be in force at the time they request the purchase of products. By accessing the service or using the Web, you can keep by the rules of the Web and especially these Conditions.
2. CONTRACTING
2.1 This regulates the relationship between the client and the company. The client has an interest in a company product offered by AST Roll Cages in exchange for a price. The products have special characteristics and various characteristics are described in the technical data sheets of the products. The products offered are protection and safety arches (also called roll cages) in motor vehicles, under the specifications of Annex J of the International Automobile Federation.
2.2 Regarding product information:
A. Regarding pre-contractual information: AST Roll Cages offers you a pre-contracting information system in the product file, general and specific information on the website www.astrollcages.com and through telephone contact by calling the number . +34 976 653 405, all for free. Expressly indicate that before contracting, the User / Client has access to this document and the product specifications.
B. Regarding contractual information: AST Roll Cages makes all information related to the product available to the client free of charge.
C. Regarding post-contractual information: the company will communicate to the client any type of information that is required by the client and that is not classified as confidential.
2.3 AST Roll Cages reserves the right not to start the production work of the requested good until 100% of the value of the good has been received.
2.4 The payment methods are various, but limited, among others, via bank transfer, card payment through virtual payment gateway or cash payment. For bank transfer purposes at the customer's request, the bank with the AST Roll Cages works at Ibercaja Banco S.A., so any commission for payment will be a customer account.
2.5 In the case of remote payments, only once the payment corresponding to the order has been received and verified that the manufacturing process has been received.
2.6 Once the payment is received, the work will begin and the product will be shipped within a maximum period of 45 calendar days.
2.7 The form of delivery of the good will be at the discretion of the client, in any case, the accrued costs of sending said product or moving will be assumed by the client.
3. GENERAL ASPECT OF THE PRODUCT
3.1 The products offered and their characteristics come from the website and these sheets can also be found in physical form at the AST Roll Cages address.
3.2 The design, manufacture and installation of a roll cage, always and in any case, complies with the technical regulations of the FIA. It is the client's responsibility to ensure that the roll cage complies with the appropriate technical regulations for the event / championship in which it participates.
3.3 It is noted that the contracted product is a preventive measure to avoid damage when there is a risk in favor of the Client's safety. AST Roll Cages cannot guarantee that the mere fact that a security product is acquired and installed will give a result that is not harmful or harmful to the Client.
3.4 The roll cage for competition vehicles is designed and manufactured to avoid, as far as possible, the deformation of the free space in the passenger compartment and the consequences of impacts. It is made in accordance with current sports regulations and must be used properly in combination with other safety accessories, both in the vehicle and in the driver, prescribed by the competent authority in automotive sports.
3.5 The safety cage must be installed in the car in a professional manner by qualified personnel and in accordance with sports regulations in force in the country where the competition is held; The car in which a competition cage is installed is prohibited from using it on roads open to normal traffic without its corresponding permission from the competent authority. In any case, the manufacturer and / or supplier is not responsible for related administrative or criminal violations, or compensation obligations for breach of use.
3.6 Express mention is made that in the event that the product is requested from AST Roll Cages without its installation, the client is not authorized to assemble it, but must be carried out by a professional according to the requirements of the International Automobile Federation (FIA ) or a National Sports Authority (DNA). In any case, the welds must be carried out professionally and must result in full penetration around the entire perimeter of the tube.
3.7 Any modification of the structure is prohibited, unless it is essential to comply with any modification of the FIA regulations or local ASN regulations and with the approval of AST Roll Cages.
3.8 In the event of an accident or, in any case, damage caused to the safety structure, the repair of the product is strictly prohibited. In the case of the roll cage it should not be repaired and it must be strictly replaced by a new one.
3.9 In case it is a product not installed in AST Roll Cages, the customer is responsible for the correct installation of the cage in his vehicle.
3.10 In the case of painted structures, it is an industrial painting process supplied by an external supplier in which the shade or full coverage of all the joints of the structure cannot be guaranteed exactly, as there may be some small area that is not covered due to technical impossibility. If due to finishing problems the painting process has to be repeated, it will depend entirely on the supplier's deadlines, altering the delivery time of the item supplied by AST Roll Cages.
3.11 AST Roll Cages reserves the right to rectify prices on purchases due to modifications, rectifications and / or rectifications on our website, catalogs or sales channels.
4. GENERAL CONDITIONS ON THE BODIES
4.1 AST Roll Cages will not be responsible for the bodywork being deformed and / or repaired and the product cannot be installed in it. In the event that the installation of a product is impossible, AST Roll Cages reserves the right to accrue the invoice corresponding to said works and the client consents.
4.2 If any hidden or unspecified or unknown defect or defect is observed in the assembly or disassembly process, such as interior parts broken or worn by the passage of time or misuse, rust, structural blows and / or additional information is required, This budget would be increased in its amount, previously notifying the client.
5. CONDITIONS IN THE PROCESSING OF VEHICLES
5.1 The bodywork must be delivered to AST Roll Cages for the mounting of the roll bars or for the reinforcement of the bodywork or for general work, composed following our Installation Conditions, attached at the time of contracting the service.
5.2 The customer upon delivery of the bodywork must provide information on the ownership of the vehicle, the chassis number, the registration number and everything that allows the company that works the means to determine its ownership. The customer assumes all responsibility for false statements and simultaneously indemnifies AST Roll Cages for any third-party claim or for falsehoods or omissions derived from the signed statement at the time of delivery of the product to be processed.
5.3 In the event that after examining the vehicle, it is observed by AST Roll Cages that it cannot install the product or provide a solution to the repair or cannot comply with the agreed services, AST Roll Cages will notify the customer to proceed to collect your vehicle as soon as possible and without delay. AST Roll Cages reserves the right to issue an invoice for the work carried out.
6. DELIVERY TIME OF THE BODY AND LACK OF COLLECTION
6.1 The client is obliged to collect the bodywork within a maximum period of 7 calendar days after completing the work, which will be communicated by AST Roll Cages in the previously agreed upon manner.
6.2 In case of non-withdrawal after 7 calendar days from the communication of the end of the works by AST Roll Cages, a fee of 20 euros plus VAT per day will be applied for each day of deposit and the client understands and accepts, giving his consent to the collection of said fee.
6.3 After an additional 30 calendar days, beyond the initial 30, the car will be transported outside the corporate structure of the workshop and the buyer will exempt AST Roll Cages from any responsibility for theft, loss or damage of the vehicle or for personal damage or materials caused by this vehicle to third parties.
7. TRANSPORT OF VEHICLES / MERCHANDISE
7.1 AST Roll Cages does not carry out any transport service for the vehicles and / or merchandise that must be delivered by the customer at the workshop headquarters. For this reason, it is reported that the merchandise will always be delivered / collected or will be collected by the Client or, failing that, by a transport company.
7.2 If the buyer wishes to use the carrier chosen by AST Roll Cages, a price will be agreed according to the volume of the merchandise to be transported with the Carrier, said price being assumed by the Customer.
7.3 AST Roll Cages is exempt from liability for risks related to loss, damage, theft from the moment of delivery to the Carrier.
7.4 Delays in delivery attributable to the transport company exempts AST Roll Cages from any responsibility the client understands and consents to.
8. WARRANTY AND COMPLIANCE OF THE PRODUCT
8.1 The seller is responsible for any defect in the products delivered, in case of non-compliance (certificate issued at the time of sale) the claim must be in writing through reliable means that records the issuer, the content and the receipt, always specifying the reason for the claim.
8.2 After verifying the conditions of the product AST Roll Cages will decide to replace the part, repair it or return the price paid.
8.3 Inform our sales team of any lack of material or transport damage within 5 days of receipt. We regret that beyond this time and due to circumstances beyond our control, we may not be able to process your claim.
8.4 AST Roll Cages is a manufacturer and seller of competition parts (defined as parts that improve the performance or safety of a vehicle).
8.5 These parts are warranted to be free from manufacturing and workmanship defects and therefore should be carefully inspected prior to installation. Any warranty ceases once the parts are installed in the vehicle.
8.6 AST Roll Cages makes no express or implied warranty, oral or written, to the buyer for:
• Loss or damage, direct or indirect, (including capital losses) that arise.
• Any labor charges incurred by the buyer in connection with the removal and reconditioning of the original or replacement products in the vehicle.
• AST Roll Cages will not be responsible for any advice given by its employees or agents to the buyer regarding the application or use of the products, unless such information is confirmed in writing by AST Roll Cages.
In case of being a consumer, the product is guaranteed without original defects for 24 months from the date of delivery, in accordance with directive 99/44 CE. The aforementioned guarantee does not consist in assuming responsibilities derived from claims or others, (however, the hypothesis of unauthorized modifications to the structure or its improper use is excluded) but in the only obligation to replace the product originally recognized as defective. It will be effective only from the moment of signing a copy of this note or the delivery certificate.
9. PROBLEMS ARISING FROM FORCE MAJEURE
9.1 AST Roll Cages will not be responsible at all in case of inability to provide service or delay delivery times if these are due to prolonged interruptions of technical problems, incidents in the painting process, electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, earthquakes and other weather effects, acts and omissions of the Government, and in general all cases of force majeure or unforeseen circumstances. Just as such cases affect providers of AST Roll Cages and AST Roll Cages cannot provide service due to this.
10. NOTIFICATIONS.
10.1 The notification address for AST Roll Cages is established: Avenida Goya 64, 50693 Torres de Berrellén, Zaragoza, Spain.
10.2 It is established as the customer's notification address, the one indicated at the time of processing the contract.
10.3 Both parties may change their notification address by sending a written communication. Communication services with the company are offered free of charge. Notifications will be borne by the issuer. The language is that the information is offered and the communication services are in Spanish.
11. RESOLUTION OF DISPUTES, APPLICABLE LAW AND JURISDICTION.
11.1 In case of controversy it will be resolved before the courts. In the event that any stipulation of these General Conditions will be unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, such unenforceability or nullity will not render these General Conditions unenforceable or null as a whole. .
11.2 Likewise, AST Roll Cage and the User, renouncing any other jurisdiction, submit to that of the courts and tribunals of the Consumer's domicile for any controversy that may arise. In the case of not being a consumer or if the User is domiciled outside of Spain, AST Roll Cage and the User submit to the courts and tribunals of the city of Zaragoza.
12. WITHDRAWAL
12.1 When the customer is a consumer, he may withdraw the contract concluded, thus notifying AST Roll Cages within the period established for the exercise of that right, without the need to justify his decision and without penalty of any kind.
12.2 To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). You can use the model withdrawal form below, although its use is not mandatory. To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
12.3 Once the Client has exercised the withdrawal within the FOURTEEN NEXT NATURAL DAYS at the time of contracting, AST Roll Cages will stop the production of the good.
12.4 Consequences of withdrawal: In the event of withdrawal, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different delivery method than least expensive method of ordinary delivery that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any expenses as a result of the refund. The consumer will bear the direct costs of returning the goods.
“Model withdrawal form.
(you only have to fill in and send this form if you want to withdraw from the contract)
- To the attention of Alejandro Sánchez Trívez, with DNI. 17,742,629-S, with address in Torres de Berrellén, at Avda. Goya, nº 64, postal code 50693.
- I hereby inform you / we communicate (*) that I withdraw from my / we desist from our (*) sales contract for the following asset (*).
- Ordered on / received on (*).
- Name of the consumer and user or of the consumers and users.
- Address of the consumer and user or of consumers and users.
- Signature of the consumer and user or of consumers and users.
- Date"