Terms and Conditions – General Online Sales Conditions

1. Scope and Purpose of the Store's General Conditions

These General Conditions are intended, together with the order form and other elements referred to therein, to regulate the terms and conditions that will govern the provision of the Online Store Service, www.twowheelmarket.com ("Service" or "Store") by Jasil Comercial Lda, with headquarters at Parque Industrial de Adaúfe. Lote 4KA, 4710-571 Adaúfe-Braga, under the single registration and corporate entity identification number 503 177 822 with a share capital of €100000, hereinafter referred to as TwoWheelMarket

The Service consists of providing, through the address www.twowheelmarket.com, access to the Online Store which, in addition to providing information related to a set of products and/or services, allows the Customer, electronically, to purchase the products disclosed therein, under the terms and conditions described herein, and access to billing data.

2. Product and Content Information

TwoWheelMarket will do everything possible to ensure that the information presented does not contain typographical errors, which will be corrected quickly whenever they occur. If you purchase a product that has different characteristics from those presented online.

TwoWheelMarket will do everything possible to send all ordered products, but it is possible that, in certain cases and due to causes difficult to control by TwoWheelMarket, such as human errors or incidents in computer systems, it may not be possible to provide some of the products requested by the Customer. If any product is unavailable after you have placed the order, you will be notified via email. At that time, you will be given the option to cancel the order.

All information about price, products, specifications, promotional actions, and services may be changed at any time by TwoWheelMarket

Products may show color variations, depending on the screen on which they are viewed.

3. Responsibilities

3.1 All products and services sold in the Online Store www.TwoWheelMarketcom are in accordance with Portuguese Law.

3.2 The Store has adequate security levels; however, TwoWheelMarket will not be responsible for any damages suffered by the Customer and/or by third parties, due to delays, interruptions, errors, and suspensions of communications originating from factors beyond its control, namely, any deficiencies or failures caused by the communication network or communication services provided by third parties, by the computer system, by modems, by connection software or eventual computer viruses or resulting from the download of infected files or containing viruses or other properties that may affect the Customer's equipment. If, for any reason of access error to the Online Store website www.twowheelmarket.com, the service cannot be provided, TwoWheelMarket will not be responsible for any damages.

3.3 Data and information queries carried out within the scope of this Service are presumed to have been carried out by the Customer, with TwoWheelMarket declining any responsibility arising from the abusive or fraudulent use of the information obtained.

3.4 TwoWheelMarket will not be responsible for any losses or damages caused by abusive uses of the Service that are not directly attributable to it by way of intent or gross negligence.

3.5 TwoWheelMarket is not responsible for damages or losses resulting from non-compliance or defective compliance of the Service when such is not directly or indirectly attributable to it by way of intent or gross negligence, not being liable in particular for (i) errors, omissions or other inaccuracies relating to the information available through the Service; (ii) damages caused by the fault of the Customer or third parties, including intellectual property infringements, (iii) for non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or (iv) for non-compliance or defective compliance resulting from the occurrence of force majeure situations, i.e., situations of an extraordinary or unpredictable nature, external to TwoWheelMarket and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods or other natural catastrophes or other situations not controllable by TwoWheelMarket that prevent or hinder the fulfillment of assumed obligations.

3.6. TwoWheelMarket does not guarantee that:

i) the Service will be provided uninterrupted, securely, and error-free;
ii) the quality of any product, Service, information, or any other material purchased or obtained through the Service will meet any of the Customer's expectations regarding it;
iii) any material obtained in any way through the use of the Service is used at the Customer's own risk, the latter being solely responsible for any damage caused to their system and computer equipment or for any loss of data resulting from that operation.
iv) no advice or information, whether oral or written, obtained by the Customer from or through the Service will create any warranty not expressly stated in these General Conditions.

3.7. The Customer accepts that TwoWheelMarket cannot in any way be held responsible for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously warned by the Customer about the possibility of such damages occurring), resulting from:

i) the use or inability to use the Service;
ii) the difficulty of obtaining any substitute goods/services;
iii) unauthorized access or modification to business databases.

4.Customer Obligations

4.1. The Customer undertakes to:

i) Provide correct personal data and addresses;
ii) Not use false identities;
 

4.2. Should any of the data be incorrect, or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the Customer, and Jasil Comercial, Lda. declines any responsibility. In the event that the customer violates any of these obligations, Jasil Comercial, Lda. reserves the right to delete future purchases, block access to the store, cancel the provision of any other services simultaneously provided by Jasil Comercial, Lda. to the same Customer; and, also, not allow the Customer future access to any or all services provided by Jasil Comercial, Lda.

5.Privacy and Business Data Protection

5.1. TwoWheelMarket guarantees the confidentiality of all data provided by Customers.

5.2. The data identified in the order form as mandatory are essential for the provision of the TwoWheelMarket Service. The omission or inaccuracy of the data provided by the Customer is their sole and entire responsibility and may lead to the refusal of the Service by TwoWheelMarket

5.3. Customer data will be processed and stored electronically and are intended to be used by TwoWheelMarket within the scope of the contractual and/or commercial relationship with the Customer.

5.4. In accordance with applicable legislation, the Customer is guaranteed, without additional charges, the right to access, rectify, and update their data, by written request, as well as the right to object to their use for the purposes provided for in the previous number, and must for this purpose contact the entity responsible for processing the company's data: TwoWheelMarket

5.5. The Internet is an open network, so Customer data, other company information, and all content hosted on the Service may circulate on the network without security conditions, including the risk of being accessible and used by unauthorized third parties for this purpose, and TwoWheelMarket cannot be held responsible for such access and/or use.

6.Order Cancellation

6.1 At the Customer's request (up to 12 pm on the day before the delivery date).

The Customer may cancel their order by requesting it from TwoWheelMarket via email, stating the order number, which will be accepted as long as it has not yet been processed. After processing, TwoWheelMarket will attempt to deliver it, but the Customer has the option not to accept it.

6.2 By decision of TwoWheelMarket

TwoWheelMarket reserves the right not to process orders when it verifies any inconsistency in the company data presented or observes misconduct on the part of the buyer. TwoWheelMarket reserves the right not to process any order or refund, in case of errors in the values and/or characteristics of the products, when these result from technical problems, non-conformity of the current account, or errors unrelated to TwoWheelMarket

7.Returns (Right of Withdrawal)

7.1. The Customer may exercise the right of withdrawal without being required to pay any compensation, within 30 working days, counting from the day the customer acquires physical possession of the good through one of the following ways:

Email: order@twowheelmarket.com

To exercise this right, the Customer must contact TwoWheelMarket via email, providing all their identification data.

The Customer must return the order in proper conditions.

The packaging must be returned complete, as it was delivered, and accompanied by the following documents: sales invoice and the document proving receipt of the product.

7.2. After receiving the return at TwoWheelMarket, the returned item or the amount corresponding to the value paid for the order (sales invoice value) will be refunded to the Customer.

7.3. The refund method for the amount to be returned depends on the payment method used in the respective order.

7.4. If the item is degraded due to poor preservation and/or packaging by the Customer, there will be no refund of the price or shipping costs, and the product will be resent to the original shipping address.

8.Manufacturing Defect

8.1. In case of a "manufacturing defect", i.e., when defects are detected in items that, in principle, do not fit the item's characteristics, the Customer must contact TwoWheelMarket, with a copy of the invoice in hand.

8.2. For the product exchange to be carried out, you must ensure that the packaging is complete and in excellent condition.

8.3. If item 8.2 is not met, no exchange will take place, and the product will be resent to the Customer.

9.Validity

9.1. All items available in the Store are duly certified.

9.2. Items have a validity period defined by the manufacturer. Returns can only be exercised if the packaging is in good condition and with proof of purchase (invoice).

9.3. Items that have exceeded the period defined in the article or show problems of negligence, poor handling, or storage are considered outside the validity conditions.

9.4. If the item is not compliant, and if it is within its validity period, the Customer must contact TwoWheelMarket

9.5. If the Customer chooses other forms of return, the respective shipping costs will be their responsibility. The Customer must always request the CTT slip proving the order's shipment.

10.Intellectual Property

10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of TwoWheelMarket

10.2. The Customer acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property, and other applicable legislation.

10.3. The Customer acknowledges that any content contained in the advertising, highlight, promotion, or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, by laws relating to industrial property, and other property protection laws, so any use of such content can only occur under the express authorization of the respective owners.

10.4. The Customer undertakes to fully respect the rights referred to in the previous number, namely refraining from practicing any acts that may violate the law or the said rights, such as reproduction, commercialization, transmission, or making available to the public of such content or any other unauthorized acts whose object is the same content.

11.Service Security Conditions

11.1. The Customer undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illicit acts or acts offensive to good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of business data and advertising communications through automatic calling devices, and must also observe the rules of use of the Service, under penalty of TwoWheelMarket suspending or deactivating the Service under the terms provided in point 14.

11.2. The Customer expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by several Customers, and as such, subject to computer overloads, so TwoWheelMarket does not guarantee the provision of the Service without interruptions, loss of information or delays.

11.3. TwoWheelMarket also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it relies or force majeure (situations of an extraordinary or unpredictable nature, external to TwoWheelMarket and which cannot be controlled by it).

11.4. In case of interruption of the Service due to unpredictable overload of the systems on which it relies, TwoWheelMarket undertakes to regularize its operation as quickly as possible.

12.Suspension and Deactivation of the Store Service

12.1. Regardless of any prior or subsequent communication, TwoWheelMarket may, at any time, and according to its exclusive discretion, discontinue the provision of the Service and or part of the Service to one or all Customers.

12.2. TwoWheelMarket also reserves the right to suspend or immediately terminate access to the Service, in the following cases:

a) When the Customer does not observe the terms of use referred to in point 4 and others referred to in the General Conditions;
b) When TwoWheelMarket ceases access to the Store, by prior notice 15 days before the termination date.

12.3. The suspension or termination of the Service by TwoWheelMarket, under the terms of the preceding numbers, does not entail the right of the Customer or third parties to any compensation or other remuneration, and TwoWheelMarket cannot be held responsible or in any way burdened, for any consequence resulting from the suspension, annulment, cancellation of the Service.

12.4. In the situations described above, TwoWheelMarket will notify the Customer beforehand so that they can, if they wish, safeguard the content of their order viewing area within 3 (three) business days from the sending of the email or the availability of the information on the Service's main page.

13.Communications

13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the Customer regarding the Service, including any changes to these General Conditions, may be sent to the Customer's email address or by correspondence to the address provided by the customer.

 13.2. The Customer agrees to receive any and all communications and/or notifications related to the Online Store at the address, contact phone number, and/or email address provided during the ordering process.

At any time, you can request not to receive these communications and/or notifications through the Contact Form or by selecting the "Do not receive the Newsletter" option in each Newsletter.

14.Technical Configurations

14.1. Without prejudice to the provisions of the following number, TwoWheelMarket may change the Service and/or the technical conditions for its provision, as well as its respective rules of use, and must disclose such changes to the Customer with a minimum of 15 (fifteen) days' notice.

14.2. The current version of these General Conditions and their annexes is available on the website www.jasilcomercial.com.

15.Communications

15.1. Whenever TwoWheelMarket deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate network configurations.

15.2. Without prejudice to the provisions of the following numbers, and given the innovative nature of the Service and the technological evolutions to which it may be subject, TwoWheelMarket may change its technical configurations whenever it is convenient to adapt it to eventual technological developments.

15.3. TwoWheelMarket does not, however, guarantee the Customer any upgrades or improvements to the Service.

16.Complaints

16.1. The Customer may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally established, as well as complain to TwoWheelMarket about acts and omissions that violate the legal provisions applicable to the purchase of goods.

16.2. The complaint must be submitted within 2 (two) days, counted from the date the Customer became aware of the facts, and will be registered in TwoWheelMarket's information systems, which must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of its receipt.

Applicable Law

The Contract is governed by Portuguese law.