LAWFUL NOTICE AND GENERAL TERMS OF USE OF THE SITE

www.motomundi.eu

I. GENERAL INFORMATION

In accordance with the information obligation provided for in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of 11 July, the following general data of this website is provided below:

The ownership of this website, www.motomundi.eu, (hereafter, Website or motomundi.eu) is held by: Rémy Pierre Carré, with TIN: X2767345P, and whose contact details are as follows:

Address:

C/ Romero, 28

16194 Fuentenava de Jábaga

Spain

Contact telephone: +34 643 126 739

Contact Email: cuenca@motomundi.eu

II. GENERAL CONDITIONS OF USE

Subject matter of the terms: The Website

The purpose of these Terms and Conditions of Use (hereinafter, Terms) is to regulate access to and use of the Website. For the purposes of these Terms, the Website shall be understood as: the external appearance of the display interfaces, both statically and dynamically, i.e., the navigation tree; and all elements embedded in the display interfaces and the navigation tree (hereinafter, Content) and any online services or resources that you offer to users (hereinafter, Services).

motomundi.eu reserves the right to change, at any time and without notice, the design and layout of the Website and the Content and Services that may be incorporated into it. The User acknowledges and agrees that motomundi.eu may at any time discontinue, disable and/or cancel any of the elements incorporated in or having access to the Website.

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Access to the website by the user is free of charge and, as a general rule, is free of charge without the need for the user to provide any consideration in order to benefit from it, except for the cost of connection via the telecommunications network provided by the access provider that the user has contracted.

Use of any of the website's content or services can be made through prior subscription or user registration.

The user

The access, navigation and use of the website, as well as by the spaces allowed to interact between users, and the user and motomundi. eu, such as comments and / or blog spaces, confers the status of user, so that they are accepted, since the beginning of the navigation on the website, all the conditions established in this, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance that the case may be. Given the relevance of the above, the user is advised to read them every time he/she visits the website.

The motomundi.eu website provides a wide range of information, services and data. The user assumes responsibility for the correct use of the website. This responsibility extends to:

- Use of the information, content and/or services and data offered by motomundi.eu without being contrary to the provisions of these terms and conditions, the law, morality or public order, or which in any other way may result in prejudice to the rights of third parties or to the proper functioning of the website.

- The veracity and legality of the information provided by the User in the forms extended by motomundi.eu for the access to certain contents or services offered by the Website. In any case, the User will immediately notify motomundi.eu of any fact that allows the misuse of the registered information in such forms, such as, but not limited to, theft, loss or unauthorized access to the login and/or password, in order to proceed to its immediate cancellation.

motomundi.eu reserves the right to remove any comments and contributions that violate the law, respect for the dignity of the person, are discriminatory, xenophobic, racist, pornographic, spamming, violate youth or children, public order or safety, or that, in its opinion, are not suitable for publication.

In any case, motomundi.eu will not be responsible for opinions expressed by users through comments or other blogging or participation tools that may be present.

Mere access to this site does not imply any commercial relationship between motomundi.eu and the User.

The user declares to be of legal age and to have sufficient legal capacity to be bound by these conditions. Therefore, this website motomundi.eu is not in the case of minors. motomundi.eu disclaims any responsibility for non-compliance with this requirement.

III. Prices of products and delivery charges

All product prices are quoted in Euros and inclusive of all taxes (TTC) or exclusive of taxes (HT), exclusive of delivery costs and exclusive of customs duties or other duties and taxes related to the import of the Products into the Buyer's country, if applicable, of which the Buyer shall be the only one concerned by this matter. The base and reference prices are exclusive of VAT.

Under the new European Union regulations in force since 1 July 2021, the VAT rate applicable within the E.U. will be that of the delivery address indicated by the Buyer. In case of a miscalculation of the VAT rate, motomundi.eu and the buyer will have to settle the matter as soon as possible.

We will ship the ordered product(s) to the delivery address indicated by the Buyer. Any re-shipment due to an incorrect address will be at the Buyer's expense.

We will send the product(s) to the address indicated by the Buyer.

The delivery costs are indicated on the order summary before the validation of the order.

The shipping rates are automatically calculated according to the products in the cart.

IV. Delivery

motomundi.eu makes every effort to ship your orders within the timeframe announced at the time of placing your order.

The products are delivered to the delivery address indicated by the Buyer during the ordering process. It is the responsibility of the Buyer to check the completeness and conformity of the information he/she provides to the Seller, the latter not being, under any circumstances, responsible for any possible input errors and the consequences in terms of delay or error in delivery. In this context, all costs incurred for the reshipment of the products will be entirely at the Buyer's expense.

In the event that the recipient is absent during home delivery, the carrier will leave a notice of passage at the delivery address indicated by the Buyer. The order must be collected at the address and in the manner indicated by the carrier. If the order is not collected within the time limit set by the carrier, the order will be returned to the Seller, who reserves the right to reimburse the price of the order, with the delivery costs remaining at the Buyer's expense. A new delivery is possible if the Buyer pays the delivery costs again.

In the case of delivery to a collection point, the order must be collected at the address and in accordance with the procedures indicated by the carrier. In the event of failure to collect within the time limit set by the carrier, the order will be returned to the Seller. A new delivery is possible if the Buyer pays the delivery charges again.

If you encounter a problem with your package, please contact us as soon as possible at the following address: cuenca@motomundi.eu we will assist you in dealing with the carriers.

V. ACCESS TO AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

motomundi.eu does not guarantee the continuity, availability and usefulness of the website, nor the content or services. motomundi.eu will make every effort for the proper functioning of the website, however, it is not responsible or guaranteed that access to this website will not be uninterrupted or error free.

It is also not responsible or warranted that the content or software that can be accessed through this website is error free or causes damage to the user's computer system (software and hardware). In no event will motomundi.eu be liable for any loss, damage or injury of any kind arising out of access to, browsing and use of the website, including but not limited to those caused by computer systems or those caused by the introduction of viruses.

It is the user's responsibility to ensure that the content of the website is accurate and complete.

motomundi.eu is also not responsible for any damage that may be caused to users due to improper use of this site. In particular, it is not responsible in any way for drops, interruptions, lack or defect of telecommunications that may occur.

VI. PRIVACY AND DATA PROTECTION POLICY

motomundi.eu is committed to taking the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.
Laws incorporating this privacy policy
This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. In particular, it complies with the following rules:
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR).
- Organic Law 3/2018, of 5 December, on the protection of personal data and the guarantee of digital rights (LOPD-GDD).
- Royal Decree 1720/2007, of 21 December, approving the Regulations for the application of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD). Address:
C/ Romero (28 years)
16194 Fuentenava de Jábaga
Contact Phone: 643 126 739
Contact Email: cuenca@motomundi.eu

Registration of personal data:
In accordance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by motomundi.eu through the forms extended on its pages will be incorporated and processed in our files in order to facilitate, expedite and comply with the commitments established between motomundi.eu and the User or the maintenance of the relationship established in the forms he/she fills out , or to respond to a request or demand from the same. In addition, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in article 30.5 of the GDPR applies, a register of processing activities is maintained that specifies, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.
Principles applicable to the processing of personal data
The processing of the User's personal data is subject to the following principles set out in Article 5 of the GDPR:
- Principle of lawfulness, fairness and transparency: the User's consent will be required at all times to provide fully transparent information on the purposes for which personal data is collected. - Principle of limiting the storage period: personal data will only be stored in such a way that the identification of the User is permitted for the time necessary for the purposes of its processing. - Principle of proactive responsibility: the data controller will be responsible for ensuring that the above principles are respected.

Categories of personal data:

The categories of data processed in motomundi.eu only identify the data. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.
Legal basis for processing personal data
The legal basis for processing personal data is consent. motomundi.eu is committed to obtaining the express and verifiable consent of the User for the processing of his/her personal data for one or more specific purposes.
The User has the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent will not condition the use of the website.
When the user must or can provide his data through forms to make enquiries, request information or for reasons related to the content of the website, he will be informed in case the completion of any of them is mandatory because they are essential for the correct development of the operation performed. Likewise, the data may be used for commercial purposes of personalization, exploitation and statistics, and activities typical of the social object of motomundi. eu, as well as for data extraction, storage and marketing studies to adapt the content offered to the user, as well as to improve the quality, functioning and navigation of the website.
At the moment of obtaining personal data, the User will be informed of the specific purpose of the treatment for which the personal data will be used; that is, the use or uses that will be given to the information collected.
Personal data retention periods
Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 5 years, or until the User requests its deletion.
At the time the personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, of the criteria used to determine such period.

p style="margin-bottom: 0cm; line-height: 100%;">Personal Data Recipients:
The User's personal data will be shared with the following recipients or categories of recipients:
Payment Entities and Partners:

Stripe
510 Townsend Street
San Francisco, CA 94103, United States

Bizum:
Sociedad de Procedimientos de Pago, S.L. ("SdPP"), with address in Madrid, Calle Francisco Sancha, number 12,
In the event that the data controller intends to transfer personal data to a third country or international organisation, at the time the personal data is obtained, the User will be informed of the third country or international organisation to which the data is intended to be transferred, as well as the existence or absence of an adaptation decision by the Commission.
Personal data of minors
In accordance with Article 8 of the GDPR and Article 13 of the GDPR, only persons over the age of 14 can legally give their consent to the processing of their personal data by motomundi.eu. In the case of a child under the age of 14, the consent of parents or guardians will be required for processing, and it will only be considered lawful to the extent that they have authorized it.
Privacy and security of personal data
motomundi. eu undertakes to take the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in order to ensure the security of the personal data and to prevent the accidental or unlawful destruction, loss or alteration of the personal data transmitted, stored or otherwise processed, or the unauthorised disclosure of or access to such data.
The website has an SSL (Secure Socket Layer) certificate, which guarantees that personal data is transmitted securely and confidentially, being the transmission of data between the server and the User, and in the feedback, fully encrypted or encrypted.
However, as motomundi. eu cannot guarantee the impregnation of the Internet or the total absence of hackers or other persons fraudulently accessing personal data, the data controller undertakes to communicate to the User without undue delay in case of a breach of security of personal data that may pose a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, breach of security of personal data means any breach of security which results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or in the unauthorised disclosure of or access to such data.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform and ensure by legal or contractual obligation that such confidentiality is respected by its employees, associates and any person to whom the information is accessible.

Rights arising from the processing of personal data:
The user has about motomundi.eu and can therefore exercise before the data controller the following rights recognized in the GDPR:
- Right of access: The user has the right to obtain confirmation as to whether or not his/her personal data is being processed by motomundi. eu and, if applicable, to obtain information about the specific personal data and the processing carried out or provided by motomundi.eu, as well as, inter alia, the information available about the origin of such data and the recipients of the communications made or provided in respect of such data. - Right of deletion ("right to be forgotten"): The User has the right, provided that current legislation does not establish the contrary, to obtain the deletion of his/her personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his/her consent to the processing and the processing has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data has been processed unlawfully; the personal data must be deleted in accordance with a legal obligation; or personal data has been obtained as a result of a direct offer of information society services to a child under the age of 14. In addition to deleting the data, the data controller, taking into account the technology available and the cost of its application, must take reasonable steps to inform the controllers processing the personal data of the data subject's request to remove any links to that personal data.
- Right to restrict processing: The user has the right to restrict the processing of his/her personal data. The User has the right to obtain the restriction of processing when he/she disputes the accuracy of his/her personal data; the processing is unlawful; the data controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
- Right to data portability : In case the processing is carried out by automated means, the User has the right to receive from the data controller his/her personal data in a structured, commonly used and mechanically readable format and to transmit it to another controller. Where technically possible, the data controller will transmit the data directly to that other controller. Thus, the User may exercise his/her rights by written communication addressed to the data controller with the reference "RGPD-www.motomundi.eu", specifying:
- Name, surname of the user and copy of the iD. In cases where representation is allowed, it will also be necessary to identify by the same means the person representing the User, as well as the accreditation of the documents of the representation. The photocopy of the identity document may be replaced by any other legally valid means that proves the identity.
- Petition with the specific reasons for the request or information to be accessed.

- Any documents proving the request you are making.

This application and any other accompanying documents can be sent to the following address and/or email address:
Postal address:
C/ Romero 28
16194 Fuentenava de Jábaga

Spain

Email: cuenca@motomundi.eu

Links to third party websites
The website may include hyperlinks or links that allow access to third party websites other than motomundi.eu, and are therefore not operated by motomundi.eu. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and privacy practices.
Complaints to the supervisory authority
In the event that the user considers that there is a problem or a violation of the regulations in force in the way their personal data is processed, they have the right to effective judicial protection and to lodge a complaint with a supervisory authority, particularly in the state in which they have their habitual residence, place of work or the place of the alleged violation. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).
Acceptance and modifications to this privacy policy
It is necessary that the User has read and complies with the personal data protection conditions contained in this privacy policy, as well as accepts the processing of his/her personal data in order for the data controller to proceed in the manner, during the periods and for the purposes indicated. The use of the website will imply the acceptance of the privacy policy of the website.
motomundi.eu reserves the right to modify its privacy policy, according to its own discretion, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Agency of Data Protection. Changes or updates to this privacy policy will not be explicitly notified to the user. The user is advised to check this page periodically to be aware of the latest changes or updates.
This privacy policy was updated on 15 March 2021 to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council, 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the protection of personal data and the guarantee of digital rights (LOPD)

VII. COOKIES POLICY

Access to this website may involve the use of cookies. Cookies are small amounts of information stored in the browser used by each user - on the different devices you may use to browse - so that the server remembers certain information that later and only the server that implemented it will read. Cookies make browsing easier and more user-friendly and do not damage the browsing device.
Information collected through cookies may include the date and time of visits to the website, the pages viewed, the time you were on the website and the sites visited just before and after. However, no cookie can contact the user's telephone number or any other personal contact information. No cookie can extract information from the user's hard drive or steal personal information. The only way for the user's private information to become part of the cookie file is for the user to personally give that information to the server.
Cookies that identify an individual are considered personal data. Therefore, the privacy policy described above will apply to them. In this sense, the consent of the User will be required for their use. This consent will be communicated, on the basis of a genuine choice, offered by an affirmative and positive decision, before the initial treatment, removable and documented.
Own cookies
These cookies are sent to the user's computer or device and managed exclusively by motomundi.eu for the best functioning of the website. The information collected is used to improve the quality of the website and its content and user experience. These cookies make it possible to recognize the user as a recurring visitor to the website and to adapt the content to offer content that suits their preferences.
The entity responsible for providing cookies may transfer this information to third parties, provided that the law or a third party that processes this information for these entities.
Disabling, rejecting and deleting cookies
The user can disable, reject and delete cookies - in whole or in part - installed on their device by configuring their browser (including Chrome, Firefox, Safari, Explorer). In this sense, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Therefore, the user must follow the instructions provided by the Internet browser itself. In the event that you reject the use of cookies , in whole or in part - you may continue to use the website, although you may have limited use of some of the website's features.

Changes to Cookie Policy
The website's cookie policy may change or be updated, so it is recommended that the user reviews this policy each time they access the website so that they are adequately informed of how and why we use cookies.

VIII. LINKING POLICY

It is pointed out that the motomundi.eu website provides or may provide users with linking facilities (such as, but not limited to, links, banners, buttons), directories and search engines that allow users to access websites owned and/or operated by third parties. Like everyone else, it will not guarantee the technical availability, accuracy, truthfulness, validity or legality of sites outside its ownership that can be accessed through links. Reproduction, in whole or in part, of any of the contents and/or services of the website is not permitted without the express permission of motomundi.eu.
No false, inaccurate or incorrect statements on the motomundi. eu website or its contents and/or services is allowed.
With the exception of the hyperlink, the website on which the hyperlink is established must not contain any element of this website that is protected as intellectual property by the Spanish legal system, unless it is expressly authorised by motomundi. eu.
The establishment of the hyperlink will not imply the existence of any relationship between motomundi.eu and the owner of the website from which it is made, nor the knowledge and acceptance by motomundi.eu of the content, services and/or activities offered on this website, and vice versa.

IX. INTELLECTUAL AND INDUSTRIAL PROPERTY

motomundi. eu, in itself or as a transferred party, holds all the intellectual and industrial property rights of the Website, as well as the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts, trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation , access and use, etc.). They are therefore works protected as intellectual property by the Spanish legal system, applicable to both Spanish and Community legislation in this field, as well as to international treaties relating to the matter and signed by Spain.

All rights reserved. In accordance with the provisions of the Intellectual Property Act, the reproduction, distribution and public communication, including its modality of provision, all or part of the contents of this site, for commercial purposes, in any medium and by any technical means, without the authorization of motomundi.eu are expressly prohibited. .

X. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

motomundi.eu reserves the right to file civil or criminal actions that it deems necessary for the inappropriate use of the website and the content, or for the violation of these conditions.
The relationship between the User and motomundi.eu will be governed by the regulations in force and applicable in the Spanish territory. In the event of any dispute regarding the interpretation and/or application of these conditions, the parties submit their disputes to the ordinary jurisdiction of the competent judges and courts in accordance with the law.

Last modification: 21 July 2021