EBC Frenos

1. Order Acceptance

1.1 A contract for the sale of product(s) you order from us is only created once we have dispatched your goods to you. A confirmation of your order will be sent prior to this, but it is not an acceptance of order, we are merely confirming the order details that you have requested and indicating a likely dispatch date for those items. Orders are subject to availability.

Whilst every effort is made to ensure the data contained on the website is correct, we will not be legally bound by any factual or typographical errors on the website or other promotional materials.

1.2 Should you wish to cancel your order with us, you can do so by sending an email to cancelarpedido@ebcfrenos.com. You must quote your order reference number on ALL correspondence, you also need to include your name, home address, delivery address of the goods if different to home address, contact details and a description of the items to be cancelled or state "whole order". As long as your order has not been shipped, there will be no cost to you. If you order has already been dispatched, you can still return it, but under the guidelines given in "EU Distance Selling Law".

1.3 We reserve the right to refuse any order without providing any justification.

2. Price

2.1 The prices shown on the web site show excluding VAT costs per item. They do not include postage and packaging. Postage and packaging (excluding VAT) is shown separately, once you add an item or items to your shopping cart.

2.2 All goods shipped within the EC will have VAT applied to them at the standard Spanish rate. Goods shipped to countries outside of the EC will not have VAT applied to the cost. Import duties and or taxes may be applied when you receive your delivery. We are not responsible for these additional costs, you the customer are. You should seek advice on how much, if any, these costs will be from your local customs office.

3. Payment

3.1 When paying by postal cheque, goods will not be dispatched until funds have cleared. Cheques will only be deposited into the bank, if we have stock of the item/s ordered.

3.2 When paying via credit card or debit card, excluding payments made via PayPal, payment will not be taken until we are ready to dispatch your goods.

3.3 If you have paid via credit card or debit card for multiple items and an item or items are out of stock, and the estimated delivery date is not acceptable for one of the items, the value of the item will be credited back to the card that the initial payment was taken from.

3.4 If you have paid by cheque for multiple items and an item or items are out of stock, and the estimated delivery date is not acceptable for one of the items, your cheque will be deposited into the bank. A cheque made payable to you, will refund any difference, and will be posted to you once your cheque has cleared.

3.5 If you have paid by cheque for one item and it is out of stock, and the estimated delivery date is not acceptable, your cheque will be returned to you.

3.6 Goods remain the property of DVS European España, S.L. until they are paid for in full.

3.7 ANY ATTEMPT TO FRAUDULENTLY MISUSE ANY FORM OF PAYMENT WILL BE REPORTED TO THE RELEVANT AUTHORITIES, IN THE RELEVANT COUNTRY, IMMEDIATELY. WE WILL ASSIST THE INVESTIGATING PARTIES IN EVERY FORM POSSIBLE.

4. Delivery

We hold the majority of parts in stock, and for orders within the Iberian Peninsula placed before 12:00 (Spanish time) Monday to Friday, shipping will be processed the following day. You can expect delivery within the next two to three working days. However should we have to source your order direct from the manufacturer, delivery could take up to 10 working days.

For all other delivery destinations, the estimated delivery time will be dependent on your location and chosen delivery method. This is providing that your preferred payment method has cleared the necessary funds at time of order.

5. Returns

5.1 If you find that the goods appear to have been damaged during shipping, you must notify us in writing within 5 days of delivery. No shipping damage claims will be accepted after 5 days of the goods being delivered. You can notify us via email, letter posted to our address or by fax. You must quote your order reference number on ALL correspondence, you also need to include your name, home address, delivery address of the goods if different to home address, contact details and a description of the damage to which items ordered.

Once we have received this written confirmation, we will arrange a mutually convenient time and date to collect the goods. Once the goods have been delivered to us, we will complete an inspection. After confirmation of your claim, we will either refund your payment, or arrange for a replacement item to be shipped to you. Subject to sufficient shipping insurance cover.

5.2 Where it has been proven that the courier company is responsible for the loss or damage to your goods, they will only be responsible up to the level of insurance you have specified. DVS European España, S.L. will not be liable for any difference between your chosen insured value and the value of the goods ordered or value of the goods delivered.

5.3 If you have incorrectly ordered the wrong item, we can exchange the goods for the correct ones. This will be subject to a restocking fee of 15% of the value. Product boxes that have been opened cannot be re-sold to the public. You will also be responsible for shipping the goods back to us, and for the shipping of the correct goods back to you. If there is a difference in price for the correct goods, you will be charged or credited, depending on the prices.

5.4 If we have incorrectly sent you the wrong goods, i.e. the product code that you have ordered, does not match the product code of the item that you have received, we will arrange for collection of the goods and replace with the correct item free of any charges. We will also offer you FREE shipping (to the same delivery address) on your next order, our way of apologizing, as it should not happen.

5.5 Under the "EU Distance Selling" laws, you the consumer have a right to cancel the order, within 7 working days. Should you wish to do this, you will be responsible for the item(s) to be returned to us in their original UNOPENED packaging. Once the items have been returned to us they will be inspected for any damage. Providing that there is no damage, you will be credited the amount paid including initial delivery costs, in the same way that we received the funds from you. This process will happen within 24 hours of us receiving your returned goods.

If you have used the goods in any way, you have deemed to accept the goods, and the goods cannot be returned under the "Right to Cancel" guidelines above. If the packaging has been opened, and you wish to return the goods, under the "Right to Cancel", then the goods can still be returned, as outlined above, but will be subject to a 15% restocking fee. Once goods have been opened it is illegal to sell them to another consumer again, unless they have been re-boxed, in new packaging.

5.6 Goods sold by DVS European España, S.L. are subject to the original manufacturers warranty terms and conditions. However, should the products arrive, and they are clearly faulty, then you should contact us in writing within 5 days of delivery. We will accept no faulty goods claims, after 5 days of the goods being delivered. This does not affect your warranty with the original manufacturer. You can contact us via email, letter posted to our address or by fax. You must quote your order reference number on ALL correspondence, you also need to include your name, home address, delivery address of the goods if different to home address, contact details and a description of the faulty item ordered.

Once we have received this written confirmation, we will arrange a mutually convenient time and date to arrange collection of the goods to us. Once the goods have been delivered to us, we will complete an inspection. After confirmation of your claim, we will either refund your payment, or arrange for a replacement item to be shipped to you.

5.7 For discrepancies regarding quantity you must notify us in writing, by email, fax or post within 5 days of delivery. You must quote your order reference number on ALL correspondence, you also need to include your name, home address, delivery address of the goods if different to home address, contact details and which items are missing. We shall then investigate your claim with the courier company concerned. Providing your claim is of a genuine nature, we shall at your option either refund the cost of the item(s) or send the item(s) to you at no cost to you.

5.8 ANY CLAIMS, WHICH PROVE TO BE FRAUDULENT, WILL BE REPORTED TO THE RELEVANT AUTHORITIES, IN THE RELEVANT COUNTRY, IMMEDIATELY. WE WILL ASSIST THE INVESTIGATING PARTIES IN EVERY FORM POSSIBLE.

6. External Web Site Links

DVS European España, S.L. cannot be held responsible for any content, of any of the external links provided, in any way what so ever.

7. Guarantee

All guarantees for products are provided entirely by the manufacturers and are subject to terms contained therein. Purchasers are reminded to complete all warranty cards/documents upon receipt of goods where appropriate.

8. Liability and Disclaimer

8.1 So far as the law permits, we disclaim all representations, terms, conditions and warranties (including those relating to satisfactory quality, merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer viruses) relating to products provided to you by us.

8.2 So far as the law permits, we will not have any liability to you (whether or not caused by negligence) relating to products provided to you by us for any indirect, special, incidental or consequential damages. This includes loss of data, loss of income or profit, loss of goodwill, damage to reputation, damage to computer software and other computer or storage systems.

8.3 We will have no liability to you if you sell on any products provided to you by us, including without limitation, any liability to third parties for defective products.

8.4 Whilst every effort has been made to give accurate application information, DVS European España, S.L. are not responsible for claims or costs arising from non-fits (parts supplied do not fit your car or kart). No claims for labour charges will be entertained.

9. Force Majeure

We will not be held responsible for any failure to deliver goods ordered by you or any delay in delivering goods ordered by you or any damage to goods ordered by you, the cause of which is any event or circumstance beyond our reasonable control.

10. Invalidity

In the event that any clause in this contract is deemed to be unenforceable, the enforceability of any other part of these conditions will not be affected.

11. Copyright

All designs, text, graphics and their selection and arrangement on this site are the copyright of DVS European España, S.L. or its content providers. As a visitor to our web site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without the prior written consent of DVS European España, S.L. is strictly prohibited. We respectfully acknowledge any copyrighted term, make or model of any of the manufacturers of the Automobiles and Karts listed within the catalogue data as being their copyright.

12. Entire Agreement

12.1 This Agreement supersedes all prior agreements, arrangements, warranties and understandings between the parties and constitutes the entire Agreement between them relating to its subject matter.

12.2 These terms and conditions cannot be varied except in writing signed by an authorised person at DVS European España, S.L.

12.3 Nothing said or any representation made by any employee, should be understood as a variation of these terms and conditions of the sale or as an authorised representation about the goods provided. Our disclaimer of liability shall include but not be limited to misleading and untrue representations but shall not include fraudulent misrepresentations.

13. Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with Spanish law and you will submit to the non-exclusive jurisdiction of the courts of Spain.