Terms and conditions of use

1. GENERAL INFORMATION

The ownership of this website dpkstore.com, (hereinafter Website) is held by: DPK TEAM S.L., with NIF: B74465345, and whose contact details are:

• Address: El Conceyín, 32-A, Bobes/Siero, Asturias.            
• Contact telephone number: +34 600 060 373
• Contact email: store@dpkstore

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (dpkstore.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that DPK Store carries out through the Website comprises:

Marketing, sales and distribution of karts and components of the KR group in Spain as well as everything necessary for the practice of amateur and professional karting. Preparation and repair of chassis and engines.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookies policy, and the privacy and data protection policy of DPK Store. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Terms and Conditions and by all of the aforementioned, and therefore, if the User does not agree with all of the above, he/she should not use this Website.

Likewise, it is informed that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, if applicable, using the contact form.

2. THE USER

The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so you accept, from the moment you start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

• Use this Web Site only to make inquiries and legally valid purchases or acquisitions.
• Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
• Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Web Site.

The Website is primarily intended for Users residing in Spain. DPK Store does not ensure that the Website complies with the laws of other countries, either in whole or in part. DPK Store disclaims any liability that may arise from such access, nor does it ensure shipments or provision of services outside Spain.

The User may formalize, at its option, with DPK Store the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Registered Users can shop at dpkstore.com by following the established checkout process. After selecting products and/or services, they must click on "Checkout". An order confirmation email will be sent. An electronic invoice will be generated and sent to the User by email. The User acknowledges the conditions of sale of each product and accepts them by placing the order. DPK Store does not manufacture the products sold on the Website and the information on the packaging may differ from that on the Website.

4. AVAILABILITY

All purchase orders received by DPK Store through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services.

5. PRICES AND PAYMENT

The prices shown on dpkstore.com are final and include taxes, unless otherwise indicated by law. Shipping costs are included in the final prices of the products. Prices may change at any time, but changes will not affect orders already confirmed. Credit/debit cards and bank transfers are accepted as payment methods. DPK Store guarantees the confidentiality and security of payment data through SSL. Credit cards are subject to authorization by the issuing bank. By clicking "Checkout", the User confirms the payment method used. Bank transfer orders will be reserved for 5 days and will be shipped upon receipt of payment. It is the User's responsibility to correctly provide the bank transfer details.

6. DELIVERY

In those cases where physical delivery of the contracted goods is required, deliveries shall be made within the following territory: Spain and Portugal.

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, which was attributable, DPK Store could not meet the delivery date, will contact the User to inform him of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact DPK Store to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to DPK Store, DPK Store will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded to the User, with the exception of the additional costs resulting from the User's own choice of a delivery mode different from the least expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him/her.

For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the time of delivery. The User acquires ownership of the products when DPK Store receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by DPK Store.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting DPK Store through the contact spaces provided on the Website, and, where appropriate, through those provided to contact customer service, and/or by using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Web Site.

In any case, the User, before clicking on "Finalize purchase", has access to the space, cart, or basket where his purchase requests are noted and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to a series of rights, as listed and described below:

Right of Withdrawal

The User has 14 days to withdraw from the purchase without justification. He/she must notify DPK Store of his/her decision to withdraw and may use the form provided. DPK Store will refund payments received within a maximum period of 14 days from the notice of withdrawal. Return shipping costs are borne by the buyer, except in cases of shipping error or breakage. The refund will be made by the same payment method used for the initial purchase. The User must return the products to DPK Store within a maximum period of 14 days from the notice of withdrawal, assuming the direct cost of return. Exceptions to the right of withdrawal are recognized as provided in current legislation.

Return of defective products or shipment error

If the User receives a defective or incorrect product, he/she should immediately contact DPK Store. He/she will be instructed on how to proceed with the return. Once returned, they will be examined and the User will be informed about the refund or replacement. The refund or replacement will be made within 14 days after email confirmation. The full amount will be refunded, including shipping and return costs. The refund will be made by the same payment method used for the purchase. The User's rights are protected by current legislation.

Warranties

The User has legal guarantees on the products purchased through this Website. DPK Store is liable for the lack of conformity of the products for three years from delivery. The products are considered conforming if they comply with the description provided, are suitable for normal use and have the expected quality. In case of non-conformity, the User must follow the procedure indicated in the section Return of defective products or error in shipment. Some products may have non-uniform characteristics due to the material used, which is not considered a defect. If the product is of an external brand, the User may contact the manufacturer directly for three years from delivery. It is recommended to keep all information related to the warranty of the products.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, DPK Store accepts no liability for the following losses, regardless of their origin:

• any losses that were not attributable to any breach on its part;
• business losses (including loss of business profits, revenues, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred); or
• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.

Likewise, DPK Store also limits its liability for the following cases:

• DPK Store applies all measures concerning to provide a faithful visualization of the product on the Web Site, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.
• DPK Store will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road delays, and in general any other sector-specific, resulting in delays, losses or thefts of the product.
• Technical failures that for fortuitous or other reasons, prevent normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. DPK Store puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of products, however, disclaims liability for causes not attributable to it, fortuitous event or force majeure.
• DPK Store shall not be liable for the misuse and/or wear and tear of the products that have been used by the User. At the same time, DPK Store will also not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
• In general, DPK Store shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, by way of example, but not exhaustive:
  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended for the period during which the force majeure continues, and DPK Store will have an extension of the deadline for performance for a period of time equal to the duration of the force majeure. DPK Store shall use all reasonable means to find a solution to enable it to perform its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

The User agrees that communications with DPK Store will be primarily electronic. By using the Website, the User consents to the use of electronic communications and acknowledges that they comply with the legal requirements of being in writing. The User may communicate with DPK Store through the contact details provided in these Terms or through the contact spaces on the Website. DPK Store may contact the User by email or postal address, unless otherwise specified.

11. WAIVER

No waiver by DPK Store of any particular legal right or remedy or failure by DPK Store to require strict performance by the User of any of its obligations shall constitute or waive any other right or remedy arising under a contract or the Conditions, or relieve the User from the performance of its obligations.

No waiver by DPK Store of any of these Terms or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. NULLITY

Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.

13. COMPLETE AGREEMENT

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and DPK Store in relation to the subject matter of the sale and purchase and supersede any other prior covenant, agreement or promise made orally or in writing by the same parties.

The User and DPK Store acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to DPK Store in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided are truthful.

15. APPLICABLE LAW AND JURISDICTION

Access to, browsing and/or use of this Web Site and contracts for the purchase of products through the same shall be governed by Spanish law.

Any controversy, problem or disagreement arising out of or related to the access, navigation and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between DPK Store and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send DPK Store any complaints, claims or any other comments he/she may wish to make through the contact details provided at the beginning of these Terms (General Information).

In addition, DPK Store has official complaint forms available to consumers and users, which they can request from DPK Store at any time, using the contact details provided at the beginning of these Conditions (General Information).

Furthermore, if a dispute arises from the conclusion of this purchase contract between DPK Store and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.