TERMS AND CONDITIONS
GENERAL CONDITIONS OF ONLINE SALE
1. PURPOSE AND SCOPE
The purpose of these General Conditions of Online Sale (hereinafter referred to as the General Conditions) is to expressly establish the regulation governing the contractual relationship of sale between Industrias Jacinto Herrero, S.L. (hereinafter referred to as Industrias Jacinto Herrero) and the buyer (hereinafter referred to as the Client), regarding all transactions made on the online shop owned by Industrias Jacinto Herrero, through the website www.smithsimracing.com (hereinafter referred to as the Website).
A purchase and sale action entails delivering a specific product or products in exchange for a determined price and publicly displayed through our Website.
These General Conditions will remain in force and valid for as long as they remain accessible on the Website. Industrias Jacinto Herrero reserves the right to change these General Conditions without prior notice.
The geographical scope of the products offered by Industrias Jacinto Herrero’s website will be Spain, including exclusively mainland Spain and the Balearic Islands.
Any incident, complaint or claim referring to a purchase made through the Website, must be communicated to info@smithsimracing.com .
2. IDENTIFICATION OF THE OWNER
The sale of products through the Website is carried out by Industrias Jacinto Herrero, S.L., a Spanish company with registered office in Polígono Industrial de Guarnizo, Parcela 80, ASTILLERO (EL) 39, C.P. 39611, Cantabria, Spain and with NIF B39423207. It is registered in the Mercantile Registry of Santander in Volume 636, Page 80, Sheet S-8536.
Clients may contact Industrias Jacinto Herrero by email info@smithsimracing.com and telephone 942 517 080 with any queries.
3. EXCLUSIONS
Individuals of legal age (over 18 ) and, where applicable, legal entities that properly accredit their status and accept these General Conditions and any applicable Special Conditions will be considered “Clients” The purchase of products through the Website by minors or by users who do not meet the requirements set out in these General Conditions or, where applicable, in the Particular Conditions, is expressly prohibited.
Orders placed through the Website by a minor who misrepresents the information provided will be understood to have been placed under the supervision and authorisation of his/her parents, guardians or legal representatives, for which Industrias Jacinto Herrero will not be held responsible.
All purchases of products made on the Website will be considered validly made by the Client whose information is provided and will be binding. The Client will be solely responsible for any purchases of products through the Website by any third party who uses his/her personal data.
To place an order through the Website, the Client must follow the electronic contracting procedure stated below.
Step 1. Product Selection and Shopping Basket Validation. The Client will select the desired products to be added to his or her shopping basket. Once the Client has selected their products, he/she must validate the shopping basket, which will state the units of the selected products, their price and shipping costs.
The Client must also expressly accept these General Conditions by ticking the corresponding box displayed for this purpose. If this box is not ticked, the system will not continue with the purchase process.
Step 2. Billing and Shipping Data.Once the shopping basket has been validated, the Client must provide the shipping and billing details, if applicable.
If the Client requires an invoice, this must be stated when placing the order. By accepting these General Conditions, the Client agrees to receive invoices in electronic format. Notwithstanding the above, if the Client wishes to receive an invoice in paper format, he or she must send an email to pedidos@smithsimracing.com requesting so, duly identifying him or herself and indicating the order number for which the invoice is requested.
Step 3. PaymentThe user must select the payment method. S/he will then be automatically redirected to the corresponding banks’ online payment platforms to enter the required payment data.
Step 4. Order Confirmation. Once the purchase has been made, and these General Conditions have been expressly accepted, Industrias Jacinto Herrero will send the Client a confirmation of the order placed with all its terms within 24 hours to the Client’s email address has indicated for this purpose. This email will be “Proof of Purchase”.
Data Modification.- If the Client makes a mistake when sending the data, s/he can change it by sending an email to: pedidos@smithsimracing.com.
If the data to be changed refers to the delivery address, the product will be sent to the new address indicated, provided the product was not sent before the change was communicated.
4. ACCEPTANCE AND PROOF OF ACCEPTANCE OF THE GENERAL CONDITIONS
The purchase of the products made through the online purchase procedure implies the complete and express acceptance of the General Conditions in force during the purchase of the products, without the modifications made to these Conditions after the purchase being applicable.
5. RIGHT OF NON-ACCEPTANCE AND CANCELLATION
Industrias Jacinto Herrero may refuse to accept an order placed or cancel a confirmed order for the following reasons:
- due to technical and/or typographical error in the prices or the rest of the data of the products posted on the Website;
- due to unavailability of the selected product;;
- when security systems indicate that the order may be fraudulent;
- when there are reasons to believe that the Client is a minor;
- when Industrias Jacinto Herrero could not deliver the order to the address provided by the Client;
- if there is a payment error; and;
- if any event of force majeure beyond the control of Industrias Jacinto Herrero occurs.
In these cases, Industrias Jacinto Herrero will reimburse the amounts paid by the Client, through the same process by which the payment was made. Other than reimbursement, no consequences will be derived for Industrias Jacinto Herrero, in the “cancellation” or “non-acceptance” of orders mentioned above.
6. PRICE AND FORM OF PAYMENT
6.1) Prices
The prices applicable to each product appear on the Website when placing the order. They are stated in EUROS and include Value Added Tax (VAT) and any other applicable taxes.
Unless stated otherwise, all prices shown do not include insurance, shipping costs or other additional costs or services attached to the product purchased. Shipping costs will be stated separately in the order processing before the purchase is confirmed.
Offers and discounts will be duly identified as such. The original price and the offer or discount will be conveniently indicated. Industrias Jacinto Herrero expressly reserves the right to change the prices or make any other changes it deems appropriate, at any time and without prior notice.
If Industrias Jacinto Herrero detects an error in the Website’s prices, it will immediately inform the Client and make the corresponding amendments on the Website. In these cases, the Client may reconfirm the order at the correct price, provided that Industrias Jacinto Herrero has not cancelled the order according to clause 5 above.
6.2) Form of payment
After the Client confirms the order, s/he must pay the amount indicated. To do this, the purchasing process steps must be followed, filling in or checking the information requested in each step.
Payment will be made by Credit card. The system will automatically redirect the Client to the online payment platform of the corresponding banks. Payment by card involves paying directly to the bank using a secure payment gateway. The means of payment will be subject to checks and authorisations by the issuing entity. If this entity does not authorise the payment, the purchase procedure will not continue, and the order will be automatically cancelled. If this happens, the purchase process and order will be considered not made. In these cases, Industrias Jacinto Herrero will not be responsible for the cancellation of the order and consequent non-delivery.
For Industrias Jacinto Herrero to carry out the appropriate procedures, the Client will notify Industrias Jacinto Herrero, as soon as possible, of any undue charges in any incident linked to the payment process. Notification should be made by email to pedidos@smithsimracing.com or by calling 942517080.
By confirming the payment of the order, the Client expressly confirms that s/he is the holder of the credit card or its legitimate user, and Industrias Jacinto Herrero will, therefore, not be liable for any possible fraudulent or improper use of the means of payment employed by a third party other than the holder.
7.DELIVERY
Deliveries are made to the address indicated by the Client during order processing (home delivery). Except if impossible due to causes beyond the control of Industrias Jacinto Herrero, deliveries will be made within the period indicated for this purpose by Industrias Jacinto Herrero and, failing this, within 28 days for deliveries in mainland Spain and 30 days for the Balearic Islands, for products in stock. These periods are counting from the confirmation of the order. Products will be delivered from Monday to Friday (excluding public holidays) at the destination.
For these General Conditions, delivery will be deemed to have taken place when the Client or a third party duly indicated or authorised by the Client acquires the material possession of the product(s), which will be accredited with the signed order slip at the agreed delivery address.
If the delivery cannot be made to the address indicated because the Client or a third party indicated or authorised by the Client is not available or any other circumstance that prevents delivery, a second delivery attempt will be made. If delivery cannot be made on this second attempt, the product will be returned to Industrias Jacinto Herrero’s facilities where the Client may go to collect the product within a maximum period of 15 days, with the Client being responsible for the costs arising from returning the product to these facilities.
If the withdrawal is not made within the stated period, Industrias Jacinto Herrero may cancel the order under the terms of clause 5. (v) of these General Conditions and may pass on to the Client any additional costs incurred as a result of the impossibility of delivery.
8. WITHDRAWAL RIGHT
The Client may cancel the order at any time before the order has been given to the carrier for shipment, with no justification or penalty.
If the Client contracts as a consumer or user, s/he will have 14 calendar days from the time the Client or the authorised third party acquires the material possession of the product to exercise his/her right of withdrawal. In these cases, the Client must notify Industrias Jacinto Herrero within the stipulated period of his/her wish to exercise his/her right to withdraw from the contract with an unequivocal statement by email to pedidos@smithsimracing.com.
Clients who exercise their right of withdrawal must return the product without undue delay and, in any case, within a maximum of 14 calendar days from the date on which they communicate their decision.
The returned order must be delivered with the delivery note and, if applicable, the invoice issued by Industrias Jacinto Herrero. Products may be returned provided they have not been tampered with and retain their original seal or packaging.
After checking the state of the product, the total purchase will be refunded through the same payment method used by the Client, discounting the direct shipping costs, which will be borne by the Client. The refund will be made as soon as possible and, in any case, within 14 calendar days from the communication of the decision to withdraw from the contract, provided the Client has previously returned the product.
9. WARRANTIES
Industrias Jacinto Herrero guarantees that its products are free from faults, defects and/or deficiencies, both apparent and hidden. The warranty period for products purchased through the Website will be two years from the date of purchase.
If the purchased product is not in conformity with the characteristics offered or has defects that prevent its regular use according to its nature, or does not offer the agreed characteristics, the Client will have the right to seek its repair or replacement at his/her choice, provided that s/he contracts as a consumer or user. If the product cannot be repaired or replaced, the Client may choose between a discount or termination of the contract.
When the Client does not contract as a consumer or user and reports a defect or lack of conformity, Industrias Jacinto Herrero may choose at its absolute discretion between repair, replacement or termination of the contract and return the product with a refund.
If the Client contracts as a consumer or user, the maximum time limit for communicating the defect or lack of conformity will be two months from the time s/he became aware of it.
In any case, Industrias Jacinto Herrero reserves the right to examine the product to verify the veracity of the defects or faults, significance, origin and the time of their appearance.
For any claim or query regarding the provisions of this clause, Clients may contact Industrias Jacinto Herrero at the following email address info@smithsimracing.com or by phone 942 517 080.
10. FORCE MAJEURE
Industrias Jacinto Herrero will not be responsible for delays in the delivery of orders or the impossibility of executing them when the cause is due to events of force majeure. Among other causes, force majeure is understood to mean: accidents, strikes, lockouts, fires, weather causes, natural disasters such as storms, earthquakes, epidemics, pandemics, outbreaks or resurgence of diseases, infections or any other public health crisis and, in general, problems unrelated to Industrias Jacinto Herrero in the means of transport or telecommunication systems. Once the cause of the impossibility or delay ceases, Industrias Jacinto Herrero will do everything possible to resume its commercial activities and comply with its obligations and deliveries.
If due to circumstances of force majeure, a product is not available or cannot be delivered after the purchase has been made, Industrias Jacinto Herrero will inform the Client by email of the total or partial cancellation of the order and will proceed to the corresponding refund of the amounts paid by the Client.
The partial cancellation of the order does not give the right to cancel the whole order, notwithstanding the right of withdrawal that corresponds to the Client, under clause 8..
11. INDUSTRIAL AND INTELLECTUAL PROPERTY
Industrias Jacinto Herrero reserves its industrial and intellectual property rights relating to the products offered on the Website. The Client is expressly prohibited from reproducing, exploiting, altering or violating said industrial and intellectual property rights, and in general, any unauthorised use thereof.
12. LANGUAGE
Industrias Jacinto Herrero guarantees compliance with the legislation in force applicable to the relationship between Industrias Jacinto Herrero and the Client as a result of the sale of the products offered on the Website.
13. RESPONSIBILITIES OF JACINTO HERRERO INDUSTRIES
Industrias Jacinto Herrero guarantees compliance with the legislation in force applicable to the relationship between Industrias Jacinto Herrero and the Client as a result of the sale of the products offered on the Website.
14. THE CLIENT’S RESPONSIBILITIES
The Client undertakes to make lawful use of the products, without contravening the legislation in force or harming third parties’ rights and interests.
The Client guarantees the truthfulness and accuracy of the data provided when filling in the contact forms, avoiding causing damage to Industrias Jacinto Herrero as a result of the incorrectness of the data.
15. PERSONAL DATA
Our Data Protection Policy complies with Spanish and European legislation on the Protection of Personal Data, in particular with Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 (General Data Protection Regulation or GDPR) and with Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (Organic Law on Data Protection or LOPD).
Industrias Jacinto Herrero informs Clients that the data provided by email, web forms, or the purchase process will be included in a file for processing to maintain the current contractual relationship, and if accepted in the purchase process, for sending advertising and product offers that may be of interest. The legal basis for the data processing is the correct execution of the Agreement entered into by and between the parties.
Thus, the Client’s data is collected for specific, explicit and legitimate purposes and, in no case, will it be used for purposes other than those for which it was collected.
The data collected are stored for as long as the commercial interest persists, under the principles of confidentiality and appropriate technical and organisational measures and will not be transferred to persons or entities other than Industrias Jacinto Herrero, except where such transfer to third parties is legally permitted without the prior consent of the interested party.
Industrias Jacinto Herrero also informs the Client that s/he may exercise his/her rights of access, rectification, erasure, objection, limitation of processing, portability and any other rights specified in the legislation, by writing to the data controller info@smithsimracing.com attaching a copy of their National Identity Card.
16. SECURITY
The Website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all to prevent unauthorised access to data.
To achieve these purposes, the Client accepts that Industrias Jacinto Herrero may obtain data for the corresponding authentication of access controls.
17. LIABILITY DISCLAIMER
Industrias Jacinto Herrero cannot guarantee the Website’s technical continuity, the absence of faults, interruptions in service or that the Website is available or accessible. Nor can it guarantee the absence of computer attacks, viruses or any other harmful component or action on the Website or servers.
For this reason, Industrias Jacinto Herrero will not be liable in the event of an event of this nature.
18. JURISDICTION AND APPLICABLE LAW
For the resolution of disputes arising from the interpretation, application or execution of these conditions, in the case of consumers or users, the Courts of the place of performance of the obligation or those of the buyer’s address will have jurisdiction, as per the applicable regulations.
Nevertheless, and unless there is an imperative provision to the contrary, if the Client is domiciled outside Spain, Industrias Jacinto Herrero and the Client expressly waive any other forum, submitting themselves to the Courts and Tribunals of Santander (Spain).
In the case of a sale or purchase made by a Client who is not contracting as a consumer or user, the parties submit, with express waiver of any other jurisdiction, to the Courts and Tribunals of Santander (Spain).
