LEGAL NOTICE AND GENERAL TERMS OF USE

1. General information

These Stipulations regulate the use of the Internet portal service that CJMSport-Alpcross S.L.U. makes available to Internet Users through the link www.alpcrosscomponents.com.

In compliance with the duty of information provided in Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information on this website is provided below:

The ownership of this website, alpcrosscomponents.com, (hereinafter, Website) is held by:

CJMSport-Alpcross S.L.U (hereinafter Alpcross Components)

CIF: B64414386.

Address: Calle Rio Viejo, Pol. Ind. La Isla, 81, 41700, Dos Hermanas, Seville

Contact phone: +34 93 473 37 69

Contact email: info@alpcrosscomponents.com

Registered in the Registro Mercantil de Sevilla. T 6734, F 209, S 8, H SE122631, I / A 3.

2. Terms and general conditions of use

The conditions object: The Website
The purpose of these General Conditions of Use (henceforth, Conditions) is to regulate the access and use of the Website. For the purposes of these Conditions, the Website will be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (henceforth, Contents) and all those services or online resources that may be offered to Users (henceforth, Services).

Alpcross Components reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated in it. The User acknowledges and accepts that at any time Alpcross Components may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.

Access to the Website by the User is free and, as a general rule, is free without the User having to provide a consideration to be able to enjoy it, except for the cost of connection through the telecommunications network provided. by the access provider that the User has hired.

However, the foregoing, certain accesses may be exclusive for customers, employees or shareholders of Alpcross Components and, therefore, their access may be restricted and subject to particular conditions, regulations and instructions that, where appropriate, substitute, complete and / or modify these General Conditions and that must be accepted by the User before starting the provision of the corresponding service. The use of the Contents does not require prior subscription or registration.

The User

The access, navigation and use of the Website, as well as the spaces enabled to interact between the Users, and the User and Alpcross Components, such as comments and/or blogging spaces, confers the condition of User, hence accepting, from the start of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. Given the relevance of the foregoing, the User is recommended to read them each time they visit the Website.

The Alpcross Components Website provides a wide variety of information, services and data. The User assumes his responsibility to make a correct use of the Website. This responsibility will extend to:

• A use of the information, Content and / or Services and data offered by Alpcross Components without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or the same operation of the Website.
• The veracity and legality of the information provided by the User in the forms issued by Alpcross Components to access certain Content or Services offered by the Website. In any case, the User will immediately notify Alpcross Components about any fact that allows the improper use of the information registered in said forms, such as, but not only, theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed with their immediate cancellation.

Alpcross Components reserves the right to withdraw all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that violate the youth or childhood, the order or public safety or that, in his opinion, are not suitable for publication.

In any case, Alpcross Components will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.

The mere access to this Website does not imply any type of commercial relationship between Alpcross Components and the User, nor is it contractual, so the aforementioned contents will in no case link, affect or harm ALPCROSS COMPONENTS or companies of your group.

By using this website and/or placing orders through it, the User agrees to:
(i) using this website only to make legally valid inquiries or orders
(ii) not to place any false or fraudulent order, in which case Alpcross Components will be authorized to cancel it and inform the relevant authorities.
(iii) provide your email address, postal address and/or other contact information truthfully and accurately, giving your consent for Alpcross Components to use said information to contact.

When placing an order, the User declares to be over 18 years of age and have enough legal capacity to make contracts. Alpcross Components reserves the right not to place orders that do not contain all the necessary information.The User is obliged to make correct use of the portal, web in accordance with the Law and these General Conditions. The User will respond to Alpcross Components or to third parties, for any damages that may be caused as a result of the breach of said obligation.

The use of the website for harmful purposes of the property or interests of Alpcross Components or of third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) from Alpcross Components or third parties.

The User agrees to use the Contents in accordance with the Law and these Stipulations.

All information provided by the User through the Portal forms for the above or any other purposes must be truthful. For these purposes, the User guarantees the authenticity of all the data communicated and will keep the information provided to Alpcross Components perfectly updated so that it responds, at all times, to the real situation of the User. In any case, the User will be solely responsible for any false or inaccurate statements made and for the damages caused to Alpcross Components or third parties due to the information provided.

The User who wishes to introduce links from their own web pages to the Web Portal must comply with the conditions detailed below without the ignorance of them avoiding the responsibilities derived from the Law. The link will only link to the home page or main page of the Portal but you will not be able to reproduce it in any way (inline links, copy of the texts, graphics, etc).

In any case, it will be forbidden, in accordance with the applicable and current legislation at all times, to establish frames or frames of any kind that surround the Web Portal or allow the content to be viewed through Internet addresses other than those of the Portal and, in any case, when they are viewed together with content outside the Portal in such a way that:
(i) it produces, or may produce, error, confusion or deception in the Users about the true origin of the service or Contents;
(ii) involves an act of unfair comparison or imitation;
(iii) serves to take advantage of the reputation of the brand and prestige of Alpcross Components; or
(iv) in any other way is prohibited by current legislation.

No type of false, inaccurate or incorrect statement will be made from the page that introduces the link about Alpcross Components, its shareholders, employees, clients or about the quality of the services it provides. In no case will it be expressed on the page where the link is located, that Alpcross Components has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the services of the sender.
The use of any word, graphic or mixed brand or any other distinctive sign of Alpcross Components within the sender’s page is prohibited except in cases permitted by law or expressly authorized by Alpcross Components and given that it is permitted, in these cases, a direct link to the web portal in the manner established in this Stipulation.

The page that establishes the link must faithfully comply with the law and may not in any case have or link with its own content or that of third parties that: (i) is illegal, harmful or contrary to morals and good customs (pornographic, violent, racists, etc.); (ii) induce or may induce in the User the false conception that Alpcross Components subscribes, endorses, adheres to or in any way supports, the ideas, statements or expressions, legal or illegal, of the sender; (iii) are inappropriate or not relevant to the activity of Alpcross Components in regard to the place, content and theme of the submitter’s website.

3. Access and navigation through the website: guarantee and responsibility exclusion

About quality and service availability:

Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to Alpcross Components. Therefore, the continuity, availability and usefulness of the Website, or of the Contents or Services is not guaranteed. Alpcross Components will do everything possible for the proper functioning of the Website, however, it is not responsible or guarantees that access to this Website will not be uninterrupted or error-free.

Neither is it responsible or guarantees that the content or software that can be accessed through this Website, is free from error or causes damage to the User’s computer system (software and hardware). In no case will Alpcross Components be responsible for losses, damages of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction virus.
Alpcross Components is also not responsible for any damages that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for falls, interruptions, lack or defect of telecommunications that may occur.

4. Links politics

The Portal access service includes technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (henceforth, “linked sites”). In these cases, Alpcross Components acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 12, on Services of the Information Society and Electronic Commerce (LSSI) and will only be responsible of the content and services provided on the linked sites to the extent that you have effective knowledge of the illegality and have not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, they may notify Alpcross Components, without this communication entailing the obligation to remove the corresponding link.

In the event that the User or any other Internet User becomes aware that the linked sites refer to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morality, they may contact Alpcross Components indicating the following ends: personal data of the caller: name, address, telephone number and email address; description of the facts that reveal the illegal or inappropriate nature of the Linked Site; In the event of violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when it is a person other than the communicator.

Likewise, you must provide the title that proves the legitimacy of the owner of the rights and, where appropriate, that of representation to act on behalf of the owner when it is anybody other than the communicator; express declaration that the information contained in the claim is accurate. The receipt by Alpcross Components of the communication provided in this Stipulation will not imply, according to the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the communicator.

The User or third party who makes a hyperlink from a web page of another, different, website to the Alpcross Components Website must know that:
The reproduction – totally or partially – of any of the Contents and / or Services of the Website is not allowed without the express authorization of Alpcross Components.

No false, inaccurate or incorrect manifestation is allowed on the Alpcross Components Website, nor on the Contents and / or Services thereof.
With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by Alpcross Components.

The establishment of the hyperlink will not imply the existence of relations between Alpcross Components and the owner of the website from which it is made, nor the knowledge and acceptance of Alpcross Components of the contents, services and / or activities offered on said website, and vice versa.

5. Intellectual and industrial property

Alpcross Components by itself or as a transferee, is the owner of all the intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, brands or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will, therefore, be works protected as intellectual property by the Spanish legal system, being applicable both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and signed by Spain.

All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making them available, of all or part of the contents of this web page, for commercial purposes, are expressly prohibited. in any support and by any technical means, without the authorization of Alpcross Components.

The User agrees to respect the intellectual and industrial property rights of Alpcross Components. You can view the elements of the Website or even print, copy and store them on your computer’s hard drive or on any other physical medium as long as it is exclusively for your personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Website.

In the case that the User or third party considers that any of the Contents of the Website constitutes a violation of the rights of protection of intellectual property, they must immediately notify Alpcross Components through the contact information in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

6. Contract entry

The information contained in these Conditions and the details contained in this website do not constitute an offer to sell, but rather an invitation to contract. There will be no contract between the User and Alpcross Components and in relation to any product until the order has been expressly accepted by Alpcross Components. If the User’s offer is not accepted and a charge has already been made to his account, the amount thereof it will be fully refunded to you by Alpcross Components.

To place an order, the User must follow the online purchase procedure and click on the “Place Order” section. Next, the User will receive an email at the indicated email address acknowledging receipt of their order (“Order Confirmation”). Subsequently, the User will be informed by email that the product is being shipped (“Shipping Confirmation”), at which time the contract for the purchase of one or more products will be formalized. Only those products listed in the Shipping Confirmation will be the object of the Contract.

7. Product availability

All product orders are subject to availability. In this sense, if there are difficulties in terms of the supply of products or if there are no items available in stock, Alpcross Components reserves the right to provide information about substitute products of equal or higher quality and value that the User may choose. If the User does not wish to place an order for the substitute products offered by Alpcross Components, any amount paid by the User will be reimbursed.

Alpcross Components reserves the right to withdraw any product from the website at any time and to delete or modify any material or content on it, always trying to process all orders. Notwithstanding the foregoing, Alpcross Components reserves the right not to process orders after having sent the Order Confirmation when, in its opinion, there are justified reasons. Alpcross Components does not assume any responsibility for the fact of withdrawing any product from its website, regardless of whether said product has been sold or not, removing or modifying any material or content on the website, or for not processing an order.

once the Order Confirmation has been sent, although it will refund any amount that the User has paid.

 
The products offered through this website are available for purchase and shipping to the Iberian Peninsula, in the Spanish national territory, (including the Balearic Islands, the Canary Islands, Ceuta and Melilla).

8. Risk transmission and product property.

The risks of the products will be borne by the User from the moment of their delivery, acquiring full ownership of them, when Alpcross Components receives full payment of all amounts due in relation to the purchase, including the expenses of shipping, or at the time of delivery, if it takes place at a later time.

9. Price and payment method

The price of each product will always be the one stipulated on the Alpcross Components website except in the event of a manifesting error, Alpcross Components reserving the right or correcting all types of errors by informing the User as soon as possible, granting him the option to reconfirm your order at the correct price or cancel it. If Alpcross Components is unable to contact the User, the order will be considered automatically canceled, and the amounts paid will be fully reimbursed.

Alpcross Components will not be obliged to supply any product at the incorrect lower price (even after shipment has been confirmed) if the error in the price was obvious and unambiguous and could have been reasonably recognized by the User as an incorrect price.

The prices on the website include the corresponding VAT. Prices can be modified at any time, although possible changes will not affect orders for which a Shipping Confirmation has been sent.

Once the User has made their purchases, all the items they wish to buy will have been added to their Cart and the next step will be to process the order and make the payment. To do so:
1. You will need to click the “Add to cart” button at the top of the page.
2. You can click on the “View Cart” button or click on the “Process order” button.
3. You must fill in and check the contact information, the details of your order and the address to which you want it to be sent, the shipping method always being the same.
4. Choose a payment method by checking the corresponding option, enter the billing address, being able to simultaneously register an account and Authorize Payment, which can be made safely through the following means:
(i) Payment by Paypal: you can use your Paypal account to make the payment or create a new Paypal account to carry it out.
(ii) Payment with credit/debit cards: MasterCard, Maestro, Visa or Visa Electron. If any of these were the chosen means of payment, the User will be directed to the payment gateway of our bank, where they must enter the bank details: card number, expiration date, and security code (CVC or CVV) of three digits indicated on the back of the card.

You must check the box “I have read and accepted the terms and conditions.”

The means of payment will be subject to checks and authorizations by their issuing entity. If these entities do not authorize the payment, Alpcross Components will not be responsible for delays or non-delivery, not being able to formalize any Contract with the User. Once the payment method has been chosen, you will have the option of “Pay by Card” thus confirming the operation or “Cancel Order”, thus canceling the purchase operation.

10. Taxes

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT, without prejudice to the special regime applicable for the purposes of applying VAT, respecting online sales made, destined for other countries of the European Union. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.

11. Right of withdrawal

As established by the regulations, the subject considered consumer and user will have the right to DESIST the contract for a maximum period of 14 calendar days, without having to indicate the reason and without incurring any additional cost or penalty, except for some exceptions included in art. 107.2 and 108 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.

Some of the specific issues related to your right of withdrawal are:
– The cost of sending the merchandise in case of withdrawal will be borne by the consumer-user.
– The consumer will return the product in perfect condition, no later than 14 days from the date on which he communicates his decision to withdraw from the contract.
– We will proceed to reimburse using the same means of payment used by the consumer or user for the initial transaction, never more than 14 days after the withdrawal becomes effective.
– We may withhold the refund until we have received the goods (merchandise) or until the consumer-user has submitted proof of the return of the goods, depending on which condition is met first.
This right of withdrawal is not applicable among others to:
• Contracts for the supply of products made according to the specifications of the consumer and user or clearly personalized, or by which their nature cannot be returned or may deteriorate or expire quickly.

For more information about your right to WITHDRAW, you can contact us or consult the corresponding regulatory regulation, contained in articles 68 to 79 of the Consolidated Text of the General Law for the Defense of Consumers and Users (TRLGDCU).

Through the link that follows, you are provided with an ANNEX of withdrawal.

CANCELLATION FORM ALPCROSS COMPONENTS

12. Communications and notifications

Through the use of this webpage, the User accepts that the communications with Alpcross Components are electronic, being able to contact by email or providing information setting warnings on the webpage. For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and communications that are sent electronically meet all the legal requirements to be considered in writing.

The notifications that the User wishes to perform to Alpcross Components should be sent to the electronic address, info@alpcrosscomponents.com or to the registered office of Alpcross Components. Unless stipulated otherwise, Alpcross Components may send communications either by e-mail or to the postal address provided by the User in their order or in previous communications.

13. Force majeure

Alpcross Components will not be liable for non-compliance or delay in the fulfillment of any of the obligations assumed under a Contract, the cause of which is due to events that are beyond our reasonable control (“Force Majeure”).

The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following: (i) strikes, lockouts or other protest measures, (ii) civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war, (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, (iv) impossibility of use of trains, ships, airplanes, motor transport or other means of transport, public or private, (v) impossibility of using public or private telecommunications systems, (vi) acts, decrees, legislation, regulations or restrictions of any government or public authority, (vii) strikes, failures or accidents of maritime or river transport, postal or any other type of transport.

It will be understood that the obligations derived from the Contracts for Alpcross Components will be suspended during the period in which the Cause of Force Majeure continues, and will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Overwhelming force.

Alpcross Components will use all reasonable means to end the Force Majeure Event or to find a solution that will allow it to fulfill the obligations assumed under the Contract despite the Force Majeure Event.

14. Waiver

The lack of requirement by Alpcross Components, of strict compliance with any of the obligations assumed by the User under a Contract or these Conditions or the lack of exercise by Alpcross Components of the rights or actions that may correspond by virtue of said Contract or of the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate the User from complying with such obligations.

No waiver by Alpcross Components of a specific right or action will constitute a waiver of other rights or actions derived from the Contract or the Conditions. Likewise, any resignation made by Alpcross Components to any of these Conditions or to the rights or actions derived from the contract will take effect, unless it is formally and expressly established that it is a resignation, communicating to the User in accordance with the provisions of the clause 14.

15. Entire agreement

These Conditions and any document to which express reference is made by themselves, constitute the entire agreement between the User and Alpcross Components, in relation to the object of the Contract and supersede any other agreement, prior agreement or promise agreed between both parties verbally or in writing.

 
Both parties acknowledge having consented to the conclusion of the Contract without having trusted in any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered by the two before said Contract, except for what is expressly mentioned in these Terms.

Neither party will have an action against any uncertain statement made by the other party, verbally or written, prior to the date of the Contract (unless such an uncertain statement had been made fraudulently) and the only action available to the other party will be for breach of contract of in accordance with the provisions of these Conditions.

If the nullity of any of these Conditions or any provision is declared of a Contract, by final resolution issued by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

16. Right of amendment

Alpcross Components has the right to review and modify these Conditions at any moment. The User will be subject to the policies and Conditions in force at the moment in which you use this web page or place each order, unless by law or decision of government agencies should make changes with retroactive character in said policies, Conditions or Privacy Statement, in which case, the possible changes will also affect the orders that the User has made previously.

17. Alpcross Components On-line disputes resolution

In compliance with article 14.1 of Regulation (EU) No. 524/2013, on resolution of online litigation in consumer matters, through the following link http://ec.europa.eu/consu mers/odr/ you can access the European platform of online dispute resolution.

18. Legal actions, applicable legislation and jurisdiction

Alpcross Components reserves the right to file civil or criminal actions that it considers necessary due to the improper use of the Website and Contents, or by the breach of these Conditions.

The relationship between the User and Alpcross Components will be governed by current regulations and of application in the Spanish territory. Should any controversy arise in relation to the interpretation and / or the application of these Conditions the parties will submit their conflicts to the ordinary jurisdiction submitting to the corresponding judges and courts according to law.

Legal advice updated on December 14, 2021