Terms and conditions

GENERAL TERMS AND CONDITIONS

1. Identification of the Parties

These General Terms and Conditions are entered into between OPS, which makes the Website available to the Internet user; and the User, that means any natural or legal personal who freely and voluntarily access the Website, either using or not the services available in it.

By accessing, browsing and/or using the Website, the User tacitly agrees to be bound by these General Terms and Conditions, without prejudice to any other provisions that might apply.

2. Utilities and tools of the Website

The mere access to the Website is free of charge and provides the User an overview about the Website and the products and services available therein. In case that Users wish to acquire any product from the catalogue, they shall observe the specific rules set out for it, including the obligation to pay the price, which OPS shall make available in due course.

3. Information in the Website

OPS makes reasonable efforts to offer information as updated and complete as possible. However, you acknowledge that there may be situations out of our control. Therefore, OPS shall not be lialbe for or responsible in any manner for its correctness.

4. Use requirements

As User, you should always pay attention on:

  • Using the Website and its features in accordance with the applicable legislation, as well as the moral and good deeds, public order and these Terms and Conditions.
  • Not using the Website for commercial, promotional or marketing means.
  • To always fulfil these Terms and Conditions and any obligations assumed herein.
  • Checking the notifications that OPS may send to you: they may also be important to you.
  • Refraining from activities that may consist on:
    • Introducing, by any means, malicious codes intended to interrupt, destroy or limit the functioning of the Website.
    • Carrying out any action or use any means to simulate the Website's look and feel or functioning, for any purpose.
    • Using any techniques of verse engineering and(or to decompile or to decode or use any other system to find the Website's code, or any other element protected under intellectual property rights.
    • Carrying out actions that may harm, disable, overburden or imparir the proper working of the service (or the networks connected thereto) or interfere in any other User's use and enjoyment of the Website.
    • Breaching any OPS or third party's rights or interests, such as intellectual property rights (patents, trademarks, trade secrets, copyright or any other propietary rights).
5. Terms of Membership

5.1. Parties

These Terms of Membership are entered into between OPS and any natural or legal person who freely and voluntarily access the Website and complete all the steps to sign up, including the acceptance of these Terms of Membership (hereinafter, the Registered User).

Registration on the Website is free. It is required to be registered in order to buy products from the Website, what may also require the acceptance of some additional terms and the payment of a price.

5.2. Sign up process and requirements

Users should be of legal age, in accordance with the laws of Spain, to become Registered Users.

For signing up you shall provide your name, surname, physical address, mail address and password by submitting the registration form. Passwords and access data shall remain confidential. The Registered User shall communicate OPS any trouble, loss or misuse in this regard, by writing to contact@skullriderinc.com.

Before submitting the registration form, the User shall read and accept these Terms and the C. From then on, the user shall be also considered Registered User.

5.4. Obligations of the Registered User

As a Registered User, you agree to be the sole responsible of all the activities carried out from your Registered User's account and you also hereby undertake:

  • Not to provide any false personal information or impersonate another person.
  • Not to use (or attempt to use) any other Registered User account without permission.
  • To ensure that your access data and passwords remain strictly confidential.
  • To be responsible for any damage caused to yourself or to third parties due to your breach of these Terms and Conditions.

5.5. Changes on your account and cancellation

Registered Users may modify or cancel their account data at any time, by using the features available for those purposes in the Website.

6. Website's availability

We do our best to try to offer the Website and the services therein for long periods of time and to improve and expand them, in such manner that you may access them any time, as displayed by and subject to their availability and limitations.

OPS does not assume any responsibility for the damages or losses caused by access restrictions to the Website or by its unavailability.

OPS reserves the right to amend, suspend or modify the Website or any content or service offered wherein, including these General Terms and Conditions, at its sole discretion.

7. Intellectual property

Intellectual property rights in all elements making up the Website, as well as its design, graphics and codes, are exclusively owned by OPS, or otherwise it holds the appropriate rights or licenses to publish them on the Internet. All trade names or marks, or any other distinctive signs that may be found in the Website are owned by OPS or by their right holders and are protected by law. Therefore, the reproduction, distribution, public communication (including the right of making available to the public), transformation or any other activity that may be carried out on the contents of the Website is forbidden, even if the source is acknowledged, without the prior written consent of OPS or the relevant right holders.

Please, contact us at contact@skullriderinc.com if you come across any intellectual property infringement.

8. Disclaimers

OPS does not offer any guarantee on the services it provides and, in particular, on those services that are free of charge to Users.

OPS works hard and diligently to protect the system and the contents included in the Website against intrusions and information loss, by implementing the standards customary in the Internet. However, it cannot guarantee the absence of viruses or other elements in the Platform or in third parties' websites that may alter the Users' computer system (hardware or software) or the documents or files stored therein. Users acknowledge that there may be situations beyond the control of OPS.

We shall neither be responsible for how you may use the Website. Likewise, we shall not be liable if you breach any duty or commitments under these Terms and Conditions.

OPS may include links to third party websites. OPS shall not be liable, in any case, for those websites, their contents or its proper operation, or for any consequences arising from your access to third party websites through these links. In any case, Users acknowledge and agree that such links direct to websites external to the Website and to OPS. OPS does not control or guarantee the absence of cyber threats, malware or viruses, or links to other websites containing any of those elements.

To the extent permitted by law, OPS or their suppliers shall not be liable for lost profits consequential losses or any other loss whatsoever.

Your breach of any Terms and Conditions could cause us damages. You shall indemify us if, by virtue of your breaches, we suffer damages, losses and costs (such as legal fees).

Likewise, you shall keep us harmless if claims or proceedings are initiated against us due to your breaches, and we may claim you any expense, cost or damage derived form your action.

9. Privacy and data protection

Gathering and processing of personal data is governed by a specific Privacy Policy.

10. General issues
10.1. Waiver and interpretation

These Terms an Conditions, and all its particular terms and conditions, are an agreement between the User and OPS.

If any clause of these Terms and Conditions is determined by a court of competent authority to be unlawful, invalid or unenforceable, it should be interpreted as nearly as possible to its original purpose. Such determination shall not affect the validity or enforceability of any other part or provision of these Terms an Conditions.

The failure of OPS to insist on strict performance and compliance with any of these Terms and Conditions shall not be construed as a waiver for the future of such term or condition.

10.2. Language

The applicable language of these Terms and Conditions is Spanish. We may offer you the translation of this document in several languages for your convenience only, to help you to understand it, but you explicitly agree that the official text is the Spanish version.

If there is any contradiction between what the Spanish version of these Terms and Conditions say and what the translation says, the Spanish version shall take precedence.

10.3. Governing law and venue

The relations between OPS and Users are construed in accordance with the Spanish law. The Parties, waiving any other jurisdiction to which they may be entitled, agree that any dispute, discrepancy, issue or claim shall be resolved by the Courts and Tribunals of Badalona, Spain, unless otherwise provided by applicable law.

Anexo V

GENERAL CONDITIONS OF PURCHASE

1. Parties

These General Conditions of Purchase are entered into between One Point Seven, S.L. (hereinafter OPS), with Tax Identification Number B66419391 and located at Badalona, Calle Electrónica 19, 4º A, owner of the Website, and the Purchaser, that means any legal or natural person that has reached the legal age according to the Spanish law that completes every step of the purchasing process, including the acceptance of these General Conditions of Purchase.

Should you have any queries or require any further information, please contact us at contact@skullriderinc.com.

2. Products and services in OPS

The Website allows you to browse through the catalogue, and, once registered, purchase any item by following the appropriate procedure.

3. Information in the Website

Although OPS makes reasonable efforts to offer information as updated and complete as possible it does not assume any liability in this regard, as there may be situations out of our control, such as interruptions during the purchasing process.

4. Price Policy

Prices shown in the Website are established by OPS and are displayed in EUROS, including VAT (IVA) and/or any other applicable tax. However, information related to taxes may vary due to changes to national legislation. Prices displayed do not include shipping costs, which shall be shown during the purchasing process, before payment is made.

5. Acceptance of the General Conditions of Purchase

After selecting the shipping method but prior to payment you are required to read and expressly accept these General Conditions of Purchase by clicking the appropriate checkbox.

By accepting these Conditions you consent OPS to issue and send you electronic invoices. You may withdraw this consent at any time, by sending us an e-mail to contact@skullriderinc.com.

6. Purchasing process

In order to purchase any product available in the Website, you should:

  1. Access the Website.
  2. Add the goods you want to purchase to the shopping basket.
  3. Access the shopping basket and, after checking your order and calculating the shipping costs, continue with the purchasing process by clicking the appropriate button.
  4. At this moment the system shall require you to identify as a Registered User or, otherwise, to register.
  5. Then, you should submit any other information the system requires, select the payment method and accept these General Conditions of Purchase as well as any other terms that may apply.
7. Right of withdrawal

You have the right to withdraw from this contract within 14 days from the day on which you acquire physical possession of the goods that make up your delivery, without giving any reason. To exercise the right of withdrawal you must inform OPS of your decision to withdraw from this contract by an unequivocal statement. You may use the attached model withdrawal form, but it is not obligatory.

If you withdraw from this contract, OPS shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by OPS), without undue delay and in any event not later than 14 days from the day on which OPS is informed about your decision to withdraw from this contract. OPS shall carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

You shall send back the goods or hand them over to OPS without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to OPS. You will have to bear the direct cost of returning the goods.

For claims and queries, please write to contact@skullriderinc.com.

8. Purchase requirements

It is required to be legal age, in accordance with the laws of Spain, to purchase through the Website.

Furthermore, the Purchaser agrees to fulfil these General Purchasing Terms and:

  1. To pay the quantities specified among the purchasing process.
  2. To be the sole responsible of all the information provided during the purchasing process and the payment. The Purchaser shall also be entitled to order, e.g. to be the cardholder, assuming responsibility otherwise.
  3. To be responsible for not fulfilling the requirements to receive the order. You should previously be aware of them, specially those related to border traffic.
9. Disclaimers

OPS shall only be responsible for the damages or losses caused to the Purchaser as a result of a wilful misconduct of OPS, while purchasing. In particular, including but not limited to, OPS shall not be responsible for:

  1. Your mistakes while purchasing through the Website.
  2. Any personal injury or property damage caused by the goods purchased through the Website or as a consequence of its use.
  3. The delays in the reception of the orders as a consequence of the conduct of the shipping company.
  4. The delays in performance and reception of the orders caused by any act or omission outside our reasonable control (force majeure event).

OPS shall only be liable to you for the purchase price you paid for the products and shall not include loss of income or revenue, loss of business or loss of profits.

By accepting these General Conditions of Purchase you agree that you purchase through the Website at your own risk and expense, and that photographs displayed in the Website are just an example, so that the products effectively received may be slightly different.

Your breach of any Terms and Conditions could cause us damages. You shall indemnify us if, by virtue of your breaches, we suffer damages, losses and costs (such as legal fees). Likewise, you shall keep us harmless if claims or proceedings are initiated against us due to your breaches, and we may claim you any expense, cost or damage derived form your action.

10. Privacy and data protection

Gathering and processing of personal data is governed by a specific Privacy Policy.

11. Waiver and interpretation of the General Conditions of Purchase

These General Conditions of Purchase are an agreement between the parties.

If any point of these General Conditions of Purchase is considered unlawful, invalid or non enforceable by a decision of competent Authorities, it shall be construed according to the original intent of the parties. Such determination shall not affect the validity or enforceability of any other part or provision of these Terms for Developers.

In such case, if possible, both parties shall negotiate a new provision in replacement of the rejected one. Otherwise, should the clause is essential to these General Conditions of Purchase, in the judgement of the party aggrieved, that party may terminate the contract.

No waiver by us shall be construed or interpreted as a waiver to require the full compliance of these Terms in the future.

12. Governing law and venue

The relations between the parties are construed in accordance with the Spanish law.

If any dispute or difference arises out of or in connection with these General Conditions of Purchase the parties, waiving any other jurisdiction to which they may be entitled, agree that any dispute, discrepancy, issue or claim shall be resolved by the Courts and Tribunals of the Purchaser's domicile. However, whenever the Purchaser's domicile is located out of Spain, the parties, waiving any other jurisdiction to which they may be entitled, agree that any dispute, discrepancy, issue or claim shall be resolved by the Courts and Tribunals of the city of Madrid or Barcelona, at your choice.

Should these Terms enter into force between OPS and a corporation or a freelance, the parties, waiving any other jurisdiction to they may be entitled, agree that any dispute, discrepancy, issue or claim shall be resolved by the Courts and Tribunals of the venue determined by law 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico.

 

Annex

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract)

To One Point Seven, S.L., with Tax Identification Number B66419391, located at Calle Electrónica 19, 4º A, 08915 Badalona (Barcelona), and with email address contact@skullriderinc.com:

I hereby give notice that I withdraw from my contract of sale of the following goods [indicate the goods], received on [indicate the date of receipt].

 

Name: ________________________________

Address: _______________________________________

Date: __/__/____

Signature: ________________