Terms and conditions

GENERAL AND SPECIFIC CONDITIONS OF ONLINE SALES CONTRACTING

The General Conditions of Access and Use of the services provided by TUNEDGARAGE are detailed, indicated, and presented below through this page.

Any person who agrees to make a purchase on this site will be considered a consumer and user, and therefore, as a prerequisite for providing any type of data, it is essential to expressly accept these General and Specific Conditions of web contracting. Consequently, the consumer and user are advised of the necessity, convenience, and importance of reading and thoroughly understanding these General and Specific Conditions, as well as any others on the Site, before accepting them. Acceptance of these General Conditions will imply that the user has carefully read, understood, and expressly accepted all their terms and conditions.

1. GENERAL CONDITIONS OF WEB CONTRACTING

1.1. ACCESS AND USE OF THE SITE

The site allows access to Internet content belonging to TUNEDGARAGE, content to which the user can freely access.

To access the online sales area, and especially to complete any purchase process, it is necessary and essential to register and provide personal data to the Site, mandatorily filling in all fields marked as mandatory, as well as accepting the privacy policy and the contractual conditions that regulate the use of the Site owned by TUNEDGARAGE. Without such express acceptance, the registration process cannot be completed, and therefore, the sale cannot be completed.

Within the framework of data protection rights, the interested party may always revoke consent and request the deletion of their data after the service has been provided. However, the requested data are essential for the provision of the requested service and for fulfilling the legal, tax, and contractual obligations of TUNEDGARAGE.

The consumer and user assume responsibility for the proper use of the portal and commit to making appropriate use of the content and services that TUNEDGARAGE offers through the Site and not using them to carry out illegal, unlawful activities and/or activities contrary to good faith and public order; causing damage to the physical and logical systems, etc., of TUNEDGARAGE or the Site, its suppliers, or third parties; introducing or spreading computer viruses or any other physical or logical systems that may cause the aforementioned damages.

The use, copying, or reproduction by any means of images, software, texts, trademarks, logos, structure, design, access, use, etc., of the Site is expressly prohibited, and the user must refrain from engaging in any activity related to such events.

The content of the Site is intended for all users over 18 years of age, without the need for registration until a purchase is initiated or a request for offers and/or discounts is made (hereinafter referred to as “Consumers and Users”).

In no case shall it be understood that the access and use of the site by the consumer and user imply the waiver, transmission, license, or total or partial transfer of said rights by TUNEDGARAGE.

TUNEDGARAGE COMMERCE, LTDA reserves the right to make, without prior notice, the modifications it deems appropriate on its Site, being able to change, delete, or add content, prices, offers, promotions, availability, etc., in the same way they are presented or located on its site.

If the Site contains links or hyperlinks to other sites, TUNEDGARAGE will not exercise any type of control over these sites or their content.

In no case will TUNEDGARAGE be responsible for the breadth, truthfulness, legality, and constitutionality of any material or information contained in any of these links or hyperlinks or other Internet sites.

Likewise, the inclusion of these external links will not imply any type of association, merger, or participation with the linked entities.

1.2. PRODUCT INFORMATION

Each product will include the parameters, details, and specific conditions of the services and/or products offered. Specifically, it will contain the specific and necessary information to know the particular conditions of the product, the validity periods of the offer, the requirements, restrictions, limitations, or technical, physical, or legal warnings about the product or service, which will be considered as particular conditions and must be expressly accepted at the time of purchase by the users.

The descriptions of the products or services offered on the Site are made based on the information obtained through the analysis of each item.

It is expressly mentioned that their nature is informative and guiding and that they are not exhaustive, which is why TUNEDGARAGE rejects any responsibility for information not directly prepared by TUNEDGARAGE or not published in an authorized manner on its behalf, as well as the responsibility arising from the improper use of the content, and reserves the right to update, delete, limit, or prevent access to them, temporarily or permanently.

1.3. PRICE and SHIPPING COSTS

For all products and/or services, the price without the discount and the price with the discount applied are indicated. The prices displayed on the Site include all applicable taxes (VAT and fees).

The specific conditions of the product will indicate whether the price includes shipping costs or not. If shipping costs are not included, they will be detailed separately and must be accepted by the user before proceeding to the payment stage of the order.

The prices for non-free returns do not have to match the shipping costs and will be communicated to the customer in cases where they are responsible for payment.

The information about the price without offers and discounts is obtained from the price list provided by the corresponding collaborator or using the prices verified by TUNEDGARAGE.

The prices on the Site are final prices. Registered Users who have purchased a product and/or service should not pay any additional amount to third parties for the enjoyment of the same.

1.4. PAYMENT

Payment will be made by credit or debit card (Visa, MasterCard, Visa Electron, and/or similar cards) through secure payment gateways provided by banking entities specialized in online commerce, and will be charged to the User's account on the site at the time of purchase. A purchase verification process will be requested according to the system the user has contracted with their bank, with the most secure method being verification by code in the bank's app for greater security.

The card used for payment must be valid and with an expiration date of more than 90 days to ensure the possibility of any return being requested, as any return, for security reasons, will only be refunded to the same card from which the purchase was made. In no case will a return to a different destination be authorized.

At the time of placing the order and/or accepting the purchase, the user will provide the credit or debit card details, the expiration date, the CVV2/CVC2 (the three (3) security digits on the back of the card), as well as the cardholder's name, and depending on the bank, you may be directed to a payment confirmation platform through a security code provided by the bank itself.

In any case, even if the user has previously made a purchase, they must provide all the data for each new purchase, as each purchase will be processed through "secure online payment gateways" (see Security section), and TUNEDGARAGE does not save the banking data in the user's account once the purchase is confirmed and completed.

Once the purchase is made, a purchase reference code will be displayed on the screen, which will also be received by email and will serve to track and identify the purchase throughout the process. The delivery note is unique to each purchase made and is identified with a number and user name, which will serve to identify the validity and effectiveness of the voucher, as well as to confirm reservations for the use of the service, in cases where it is indicated as mandatory. The delivery note will be available and can be viewed on the Site in the corresponding section.

TUNEDGARAGE only authorizes the use of delivery notes for the purposes for which they were issued, that is, the consumption by the user of the purchased service or product. Practices and activities that use delivery notes issued by TUNEDGARAGE for commercial and/or profitable purposes are expressly prohibited.

If the user wishes to obtain an invoice for the purchased product or service, they must expressly indicate the tax data and the desire to receive the invoice in the specific purchase conditions, where it will be indicated whether they want the invoice to be sent by email to the user's email or in paper format along with the shipment.

If the specific product conditions do not refer to the direct sending of the invoice, TUNEDGARAGE may request it from the user via email, indicating the name and surname or company name, NIF, address, and the product or service purchased.

1.5. CONDITIONS OF AVAILABILITY AND DURATION OF OFFERS

All updated information on the availability and duration of the offer will be available to site users during its validity.

TUNEDGARAGE will do everything possible to satisfy all its users in their search for products; however, on certain occasions, and due to causes beyond TUNEDGARAGE's control, it is possible that the available stock cannot satisfy all or certain user requests.

All items on this website are in permanent stock, unless expressly indicated otherwise.

The delivery times indicated for each product may vary due to logistical reasons or force majeure. In case of delay, users will be informed as soon as they become aware of it.

If the sold product is not available after placing and confirming the order and/or if the existing stock is insufficient in relation to the request, the user will be informed by email and/or phone of the offered alternatives, which may be: 1) information on a new delivery forecast for the entire order; 2) possibility of partial delivery and subsequent shipment of the rest of the order at no cost; 3) total or partial cancellation of the order. In case of cancellation, the charge generated on your credit/debit card will be refunded in whole or in part. Partial cancellation of the order due to the unavailability of a single product does not entitle the user to cancel the entire order, except in cases of withdrawal provided by law.

1.6. SECURITY

TUNEDGARAGE has the highest commercially available security measures in the sector, according to the European Privacy Directive, with all transactions processed in a secure environment.

Furthermore, the payment process operates on a secure server using the SSL (Secure Socket Layer) protocol.

TUNEDGARAGE states that it does not store data related to the payment method used by the user, as these, when applicable, are managed by the secure payment gateways of each banking entity. The banking entities with which TUNEDGARAGE has agreements to provide payment services through the so-called "secure online payment gateway" are the only ones that may have access to these data for managing payments and collections. When a payment is made, the User is directed to the secure interface (https) of the banking entity, where they enter their card details and the operation is validated, making it inaccessible to third parties.

1.7. PRODUCT DELIVERY

Each purchase made by the User requires prior acceptance of the General Web Contracting Conditions by checking the corresponding box and expressly implies the knowledge and acceptance of the conditions and specific details of the services and/or products purchased.

Products will be shipped exclusively to the delivery address provided by the customer/user at the time of purchase. Therefore, verify the address to ensure it is correct and that it is a location where the package can be received on the approximate delivery date. Any errors may result in additional delivery costs.

In accordance with personal data protection regulations and the TUNEDGARAGE Privacy Policy published on our website and accepted by the customer at the time of registration, the customer expressly consents to the transfer and provision of the necessary data for delivery to third parties responsible for delivering the products.

TUNEDGARAGE or the carrier responsible for delivery will not be liable for errors caused in delivery when the address entered by the user in the order form is incorrect or any essential information for its correct delivery is missing.

The delivery period will begin to be calculated from the day following the completion of the purchase.

The management and delivery time may vary depending on the type of product and its destination. Delivery times may vary depending on the carrier, and TUNEDGARAGE does not depend on the transportation policies of the subcontracted carriers to make deliveries. Customers requesting deliveries to the Balearic Islands, Ceuta, Melilla, Andorra, and Portugal are advised that delivery times may be longer than usual. If the user purchases from a country other than those mentioned, we recommend consulting Customer Service in advance if it is not expressly specified in the details of each product.

Each delivery will be considered made from the moment the carrier makes the product available to the user, which is materialized through the control system used by the carrier. Delays in delivery will not be considered in cases where the product has been made available to the user by the carrier within the agreed delivery time and cannot be delivered for reasons attributable to the user. Similarly, after two failed delivery attempts at the indicated address, solely attributable to the user, TUNEDGARAGE reserves the right to cancel and/or return the order, previously notifying the user of the situation, without the latter being able to claim the delivery of the product again.

The user must verify the good condition of the goods delivered with the carrier. If the user detects any incident at the time of actual delivery of their order (missing, damaged, or unusable products, products without internal packaging, or original packaging in poor condition), they must notify TUNEDGARAGE of the incident within a maximum period of 24 hours from delivery, via the Site or customer service phone.

TUNEDGARAGE will not accept any product returns if the incident has not been properly communicated to TUNEDGARAGE within the specified time and through the established means.

Offers and discounts have a specific validity period from the time of purchase, which will depend on each collaborator and the services offered. This period will be indicated in each offer or discount. In this regard, the Registered User acknowledges being aware of the specified period and that once the validity period has expired, the offer or discount in question will be canceled and, consequently, cannot be enjoyed.

1.8. RETURNS

Returns will not be accepted after the period of 7 working days provided for in current regulations as the right of withdrawal for online purchases. As working days are considered, holidays, Saturdays, and Sundays are not counted.

Returns within 7 working days after receiving the purchase: If any delivered item does not correspond to the item actually purchased, whether by reference or appearance, contact our Customer Service within 7 working days from the delivery date, providing all the reference details of your order, and we will contact you as soon as possible to resolve the incident and/or manage the return.

In this case, TUNEDGARAGE will be responsible for managing the collection at no cost to the customer.

Returns after 7 working days after purchase: If any delivered item does not correspond to the item actually purchased, whether by reference or appearance, and the communication is made after 7 working days from the delivery date, the customer may return the product and will bear all return costs. Therefore, we ask that you review your delivery immediately.

The buyer will bear all expenses incurred for this return, except in the following cases:

- Those items that do not correspond to the order by mistake and whose communication is made within 7 days after receiving the purchase, provided the product is returned unused.
- Claims where the product corresponds to the purchase and is in perfect condition, but the claim is based solely on poor packaging or transport damage made 24 hours after the actual receipt of the product. It is the customer's/consumer's responsibility to review the received merchandise within these 24 hours and, in case of packaging defects, communicate them reliably to the seller. Any communication outside these 24 hours will incur return costs.

Under no circumstances will returns of used items, items not in a suitable condition for sale, and/or items that have been manipulated for sale be accepted. The seller reserves the right to refuse exchanges or returns of products that do not meet the requirements listed below.

TUNEDGARAGE will only accept returns of products if the following requirements are met (in addition to any specific conditions that may be indicated for each product):

- The product must be in the same condition as delivered, meaning without manipulation, opening, or unsealing. The user must retain the product's original packaging and labeling, as well as instructions, documentation, and any possible accessories.
- The shipment must be made in the same box or envelope in which the product was delivered to the user or, failing that, similar packaging that ensures the return in perfect condition.
- A copy of the delivery note, where the returned products are also marked, must be included inside the package.

In the event of any return, the financial value of the return will be credited to the same credit/debit card used for the purchase and will be made once the product is received by the supplier and analyzed to ensure it meets the above requirements. If, after analyzing the product, the return is denied, the user will be informed of the reasons for the denial for proper purposes.

In certain cases, given the nature of the products, it will be indicated in the product's specific conditions whether the product must be returned in the exercise of the right of withdrawal. Some products, for health reasons (e.g., underwear), may not allow for returns.

Ensure that the product you choose meets your needs. Review the product sheet, specifications, measurements, characteristics, and finishes before confirming your purchase. Review the purchased product upon delivery, verifying the condition and quantity of all items in your order to minimize claims.

If any delivered item does not correspond to the item actually purchased, whether by reference or appearance, contact our customer service, providing all the reference details of your order, and we will contact you as soon as possible to resolve the incident.

TUNEDGARAGE reserves the right not to refund any amount if it is found that the consumer has not complied with the above rules and, especially, if it is detected that the product was not returned in its original packaging, the product was used, or its condition prevents it from being sold as a new product.

Returns of products managed directly and unilaterally by the customer/user, without prior and express written authorization from TUNEDGARAGE, using methods of shipment other than those established by TUNEDGARAGE, will not result in a refund of the product price or the expenses that such a return may incur.

1.9. PRODUCT WARRANTY

After the legally established period of 7 days for the right of withdrawal, in the case of defective or non-compliant products, TUNEDGARAGE will refer the user to after-sales service to process their incident.

The user may activate the warranty of a product according to the current regulations on consumer product warranties. The warranty period for products is established by the applicable regulations for that product at any given time. To benefit from the warranty, it is essential to keep the delivery note, invoice, or proof of purchase from TUNEDGARAGE.

We briefly and concisely inform you that the warranty policy in accordance with current regulations is as follows:

- If the defect is discovered within the first 6 months from the delivery of the goods, it is presumed to be an original defect. The consumer does not have to prove anything for the warranty to be applied and can claim against either the seller or the manufacturer.
- If the problem arises after these 6 months, the manufacturer or seller may require the consumer to prove that the fault originally existed.
- The user must use the product normally and follow the washing and care instructions for each product, as well as any specific instructions from the manufacturer. If it is found that the product was not treated according to the above standards and/or was tampered with, the warranty will be refused.

The warranty will not apply to apparent defects and product non-conformities visible at the time of delivery, for which any claim must be made by the affected user within the period specified in the returns section.

In any case, the warranty will not take effect in the following cases:

- If any of the information contained in the warranty or the purchase receipt is modified, altered, or replaced.
- If the guaranteed product itself is tampered with or repaired without the knowledge of customer service or the company responsible for the warranty.
- If the proof of purchase and the delivery note are not retained.

2. RESPONSIBILITY OF TUNEDGARAGE

a) Regarding Content

TUNEDGARAGE disclaims any responsibility for any decision made by the user of the Site as a result of the information contained therein.

- TUNEDGARAGE rejects any responsibility for information not directly prepared by TUNEDGARAGE or not published under its name with its authorization, as well as the responsibility arising from the misuse of the content, and reserves the right to update, delete, limit, or prevent access to them, temporarily or permanently.

- TUNEDGARAGE reserves the right to not accept commitments offered or advertised by third parties (advertising on social networks, other websites, etc.) unless they correspond to official company campaigns.

Part of the site may contain advertising content or be sponsored. Advertisers and sponsors are solely responsible for ensuring that the material submitted for inclusion on the Site complies with the laws that may be applicable in each case. TUNEDGARAGE will not be responsible for any error, inaccuracy, or irregularity that may be contained in the advertising or sponsor content.

b) Regarding Links to Other Websites (Links or Hyperlinks)

The links introduced on the Site are for informational purposes only, and therefore, TUNEDGARAGE does not control or verify any information, content, product, or service provided through these websites. Consequently, TUNEDGARAGE declines any responsibility for any aspect, especially the content, related to these pages.

c) When the Site is the Final Destination of the Link Inserted on Another Page

Regarding links established by other pages to this Site, as well as if any user, entity, or website wishes to establish any type of link to the TUNEDGARAGE website, the following stipulations must be complied with:

- You must request and obtain express written permission before creating the link.
- You may only link to the home page.
- The link must be absolute and complete, that is, it must take the user to the Site's own address.
- No erroneous or incorrect indication will be given about the Site.
- If you wish to include any distinctive sign of the Site, such as trademarks, logos, and names, you must obtain prior and express written authorization.
- The owner of the page offering the link must act in good faith and should not intend to negatively affect the reputation or good name of TUNEDGARAGE.
- It is prohibited, without prior and express authorization from TUNEDGARAGE, to register the textual elements of the brand or logo, the domain name, or the corporate name of TUNEDGARAGE, as a keyword "metatags" for website searches performed through search engines.

TUNEDGARAGE assumes no responsibility for any aspect related to the site offering the link. The establishment of the link does not imply any type of relationship, collaboration, or dependency of TUNEDGARAGE with the owner of this site.

3. GENERALITIES

TUNEDGARAGE will pursue any breach of these conditions, as well as any improper use of its Site, exercising all civil and criminal actions that may be applicable.

TUNEDGARAGE reserves the right to deny or withdraw access to its web pages and/or the services offered without prior notice, at its request or that of a third party, to consumers and users who do not comply with these Terms of Use.

The titles and headings of the different sections of these Terms of Access and Use are merely informative and will not affect, in any case, their interpretation or qualification, nor will they extend their content.

In case of discrepancies between the provisions of these General Conditions of Access and Use and the General Contracting Conditions, the provisions of the latter will prevail.

The non-exercise or execution by TUNEDGARAGE of any of its rights granted by the provisions contained in these General Conditions of Access and Use and/or the General Contracting Conditions will not imply in any case the waiver of them, unless expressly recognized and agreed in writing by it.

4. MODIFICATIONS TO THE GENERAL CONDITIONS OF ACCESS AND USE

TUNEDGARAGE may modify the conditions determined here at any time, with such modifications being duly published in the same way as the initial ones appear here.

5. DURATION AND VALIDITY OF THE GENERAL CONDITIONS OF ACCESS AND USE

These General Conditions of Access and Use, as well as the General Contracting Conditions, will be in force as long as they are displayed and not modified in whole or in part by new versions. The new versions and/or modifications will take effect from their publication.