General Terms and Conditions
1. General Terms and Conditions of Sale
These are the General Terms and Conditions governing the contractual relationship through which the user acquires the products or services of www.EVOTECSHOP.com made available by EVOTECSHOP at the URL http://evotecshop.com.
EVOTECSHOP S.L., with Tax ID number B-39792957, is a company domiciled for the purposes of this information at José María Pereda Street 55, 1º - 39300 Torrelavega - Cantabria - SPAIN. Registered in Santander, registration date: January 16, 2014, Volume: 1070, Page: 86, First Entry, Sheet: S-28649, and is currently responsible for the operation, management, and functioning of the website www.EVOTECSHOP.com.
EVOTECSHOP S.L. (hereinafter EVOTECSHOP) is a company dedicated to online sales of slot items (Scalextric), hobby products, toys, and radio control products.
Other contact details available to you: email info@EVOTECSHOP.com or phone number 675 653 294.
Evotec Shop S.L.
c. José María Pereda 55, 1º E
Torrelavega, Cantabria — Spain
Tel: 675 653 294
SECURITY: The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures, and cryptographic mechanisms, all aimed at preventing unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider may obtain data for the purpose of the corresponding authentication of access controls.
The user who makes a purchase must also accept, where applicable, the conditions established for the product or service subject to the purchase.
Due to the content and purpose of the Website, individuals wishing to benefit from its services must obtain the status of "Customer", which is acquired by completing the registration form and following the steps subsequently communicated by EVOTECSHOP via email. Customer status implies adherence to the Terms of Use published at the time of access to the Website.
In any case, there are pages on the Website accessible to individuals or legal entities who do not register or initiate a product purchase (hereinafter, "Users"). In this regard, Users accessing these parts of the Website agree to be bound by the terms and conditions contained in these General Terms and Conditions, insofar as they may be applicable to them.
CONTACT: For any type of doubt, inquiry, or suggestion, you may send us your comments by email to: info@evotecshop.com.
These General Terms and Conditions have been prepared in accordance with Law 34/2002 on Information Society Services and Electronic Commerce; Law 7/1998 on General Contracting Conditions; Royal Decree 1906/1999 regulating Telephone or Electronic Contracting with general conditions in development of Article 5.3 of Law 7/1998; Law 26/1984 General Law for the Protection of Consumers and Users; Law 7/1996 on Retail Trade Regulation; Royal Decree-Law 14/1999 regulating Electronic Signatures and any other legal provisions that may be applicable.
The user purchasing products from EVOTECSHOP acknowledges having read these Terms and Conditions and expresses full and unreserved acceptance of each and every one of them.
The conditions described herein may be modified at any time by EVOTECSHOP. Such modifications will be reflected in this document, which the user may access at any time and obtain a physical copy by printing it.
2. Product Information and Availability
Product descriptions displayed on EVOTECSHOP are based on information provided by suppliers and information obtained through our own means. However, the information provided about each product, as well as photographs or videos related to them and any trade names, trademarks, or distinctive signs contained on the website, are provided for guidance purposes only.
EVOTECSHOP informs the Customer that the number of available units is kept updated according to warehouse stock and availability from our suppliers. Under no circumstances will EVOTECSHOP intentionally offer for sale more units than those available in its warehouse for immediate supply.
EVOTECSHOP will do everything possible to satisfy all Customer demands for products. However, on occasion, and due to causes difficult to control by EVOTECSHOP, such as human errors or incidents in computer systems, the quantity shown on the website may differ from actual stock available in our warehouse to fulfill Customer orders.
If the product is not available after the order has been placed, the Customer will be informed of this circumstance by email and will be offered an alternative: full or partial refund or replacement with another item of similar characteristics and price, with the Customer having the choice to cancel the order totally or partially.
3. Prices
All product prices indicated on the website include VAT and any other applicable taxes, except for orders to the Canary Islands and countries outside the EU, which are exempt from VAT. However, these prices do not include shipping costs, which are detailed separately and must be accepted by the Customer.
4. Products Offered and Purchasing System
The products and services offered on EVOTECSHOP, together with their characteristics, uses, images, and price, will appear on screen. The prices shown on screen are in euros and include applicable taxes at all times, transport costs, and any other applicable taxes at the time, except in the case of typographical errors. Offers will be properly indicated on screen. EVOTECSHOP reserves the right to choose at any time the products and services offered to users through EVOTECSHOP. Likewise, EVOTECSHOP reserves the right to discontinue, at any time and without prior notice, access to any of the products offered on EVOTECSHOP.
To purchase products on EVOTECSHOP, EVOTECSHOP will request the user to register, for which the user must follow the instructions shown on screen, as well as any others included on EVOTECSHOP. The user must complete the registration form in full. The Username and Password provided by the user to EVOTECSHOP are identification and authorization elements for access and purchases and are personal, non-transferable, and modifiable.
Once registered, in order to proceed with the purchase of products or services, the user must select the product they wish to purchase according to the instructions displayed on screen, completing the order form provided for this purpose and validating it, which implies the reading and irrevocable acceptance of each and every one of these General Terms and Conditions, as well as the conditions applicable to the product subject to the purchase.
Once the purchase has been completed, and as soon as possible, EVOTECSHOP will send the user an order confirmation by email. The order confirmation will not be valid as an invoice. The purchase prices will be those in force at the time the order is placed. Shipping costs for each product will vary depending on the supplier, product weight, and shipping distance. Shipping costs will be specified on screen before the completion and acceptance of the order.
EVOTECSHOP reserves the right to cancel the username and password and, therefore, access to EVOTECSHOP for users who maintain outstanding or unpaid balances with EVOTECSHOP.
5. Rates and Payment Methods
The RRP includes VAT and other applicable taxes, in accordance with current regulations. The RRP does not include shipping costs. More information about shipping costs can be found in the specific shipping methods section.
Payment for the purchased goods and the shipping costs displayed on screen can be made via credit/debit card, PayPal, bank transfer/deposit, or cash on delivery in cases where this service is available.
More information about payment methods can be found in the specific payment methods section.
6. Delivery Times, Place of Delivery, and Losses
6.1. Product Delivery
EVOTECSHOP commits to delivering the product in perfect condition to the address provided by the Customer in the order form, which must in all cases be within the Territory. To optimize delivery, we ask the Customer to provide an address where the order can be delivered during regular business hours.
EVOTECSHOP will not be responsible for delivery errors caused when the delivery address entered by the Customer in the order form is incorrect or incomplete.
EVOTECSHOP informs the Customer that a single order may be divided into multiple deliveries.
6.2. Delivery Time
Shipments will be made through a courier service or the postal service. Your order will be delivered in the shortest possible time, subject to the conditions of the courier or postal service, as applicable. Nacex delivers within 24 to 72 hours, and Correos delivers within 2 to 10 days.
These times are averages and therefore estimates. They may vary due to logistical reasons or force majeure. In case of delivery delays, EVOTECSHOP will inform its Customers as soon as it becomes aware of them.
Each delivery is considered completed from the moment the transport company makes the product available to the Customer, which is recorded through the control system used by the company.
In the case of delivery delays attributable to EVOTECSHOP, the Customer may cancel their order according to the procedure described in the "Returns" section. Delivery delays will not be considered if the order has been made available to the Customer by the transport company within the agreed timeframe but could not be delivered due to reasons attributable to the Customer.
Once the order leaves
7. EVOTECSHOP Liability
EVOTECSHOP is committed to providing users with the necessary information regarding the products it offers and the terms of purchase.
The content and services may evolve, and EVOTECSHOP reserves the right to change the brand, logo, domain name (URL), presentation, and any elements it deems appropriate in relation to its products. The user agrees that access to EVOTECSHOP, its content, and services is provided as it exists at any given time. EVOTECSHOP will not accept claims regarding content, services, updates, connections, or changes in general affecting its products.
EVOTECSHOP is not responsible for technical network connection failures that may cause damage to equipment, prevent connection, or limit, partially or entirely, the user’s access to EVOTECSHOP. EVOTECSHOP is not responsible for outages caused by its service providers that may prevent access to EVOTECSHOP.
EVOTECSHOP will coordinate with the manufacturer to ensure product delivery under normal conditions within 1 to 7 business days from the date of purchase. However, the user acknowledges and accepts that external conditions may affect these timelines.
When the products are not owned by EVOTECSHOP, it is only obligated to fulfill the conditions set here as an intermediary, being responsible solely for its management obligations regarding the contracting and payment of the purchased product.
EVOTECSHOP may contract or collaborate with subcontractors or assign formalized contracts to third parties to carry out the delivery of all or part of the products it has committed to under the operations formalized in accordance with this document.
EVOTECSHOP will not be liable for the availability or proper functioning of the product, nor for any damages of any kind caused to users due to service interruption, termination, or malfunction for reasons not attributable to EVOTECSHOP
8. Buyer’s Liability
EVOTECSHOP is committed to providing users with the necessary information regarding the products it offers and the terms of purchase.
The content and services may evolve, and EVOTECSHOP reserves the right to change the brand, logo, domain name (URL), presentation, and any elements it deems appropriate in relation to its products. The user agrees that access to EVOTECSHOP, its content, and services is provided as it exists at any given time. EVOTECSHOP will not accept claims regarding content, services, updates, connections, or changes in general affecting its products.
EVOTECSHOP is not responsible for technical network connection failures that may cause damage to equipment, prevent connection, or limit, partially or entirely, the user’s access to EVOTECSHOP. EVOTECSHOP is not responsible for outages caused by its service providers that may prevent access to EVOTECSHOP.
EVOTECSHOP will coordinate with the manufacturer to ensure product delivery under normal conditions within 1 to 7 business days from the date of purchase. However, the user acknowledges and accepts that external conditions may affect these timelines.
When the products are not owned by EVOTECSHOP, it is only obligated to fulfill the conditions set here as an intermediary, being responsible solely for its management obligations regarding the contracting and payment of the purchased product.
EVOTECSHOP may contract or collaborate with subcontractors or assign formalized contracts to third parties to carry out the delivery of all or part of the products it has committed to under the operations formalized in accordance with this document.
EVOTECSHOP will not be liable for the availability or proper functioning of the product, nor for any damages of any kind caused to users due to service interruption, termination, or malfunction for reasons not attributable to EVOTECSHOP. Likewise, EVOTECSHOP will not be responsible for improper use, installation, or handling of the product by the user or a third party, not following the provided instructions.
EVOTECSHOP requires its suppliers to comply with European regulations. In this regard, EVOTECSHOP is not responsible for personal and/or material damages resulting from product use. Similarly, EVOTECSHOP is not responsible for personal or material damages resulting from manufacturing defects or improper use of the product.
According to the Civil Code and other applicable regulations, the manufacturer is directly responsible for the product’s characteristics, defects, or hidden faults and its quality. EVOTECSHOP will only be liable for these circumstances if such defects or irregularities are due to any fraudulent, negligent, or culpable act by EVOTECSHOP.
EVOTECSHOP will not be responsible for the depletion of any product stock.
In any case, any liability that may be attributable to EVOTECSHOP will be limited to the price of the product purchased by the user.
EVOTECSHOP assumes no liability arising, by way of example but not limited to:
The use that Customers or Users may make of the materials on this Website or linked websites, whether prohibited or allowed, in violation of intellectual and/or industrial property rights of the Website or third-party content.
Any damages to Customers or Users caused by normal or abnormal functioning of search tools, organization or location of content, and/or access to the Website, and generally, errors or issues arising in the development or implementation of technical elements provided by the Website or a program to the User.
The content of pages that Customers or Users may access through links included on the Website, whether authorized or not.
Acts or omissions of third parties, regardless of whether these third parties are contractually connected to EVOTECSHOP.
Access by minors to content included on the Website, as it is the responsibility of their parents or guardians to exercise proper control over their children’s activity or to install internet usage control tools to prevent (i) access to materials or content unsuitable for minors, and (ii) submission of personal data without prior authorization from their parents or guardians.
Communications or dialogues occurring in debates, forums, chats, and virtual communities organized through or around the Website and/or linked websites, and any damages suffered by individual or collective Customers or Users as a result of such communications and/or dialogues.
EVOTECSHOP will not be liable under any circumstances when:
Errors or delays in accessing the Website by the Customer when entering their information in the order form, slowness or inability of recipients to receive the order confirmation, or any anomalies arising due to Internet network issues, force majeure, or any other unforeseen contingency beyond the good faith of EVOTECSHOP.
Failures or issues in communications, incomplete deletion or transmission, meaning that constant operation of the Website services cannot be guaranteed.
Errors or damages caused to the website by inefficient or malicious use of the service by the Customer.
Non-functionality or issues with the email address provided by the Customer for sending the order confirmation.
In all cases, EVOTECSHOP commits to resolving any problems that may arise and providing all necessary support to the Customer to reach a quick and satisfactory resolution.
Furthermore, EVOTECSHOP reserves the right to carry out promotional campaigns during defined periods to encourage the registration of new members. EVOTECSHOP reserves the right to modify the terms of promotions, extend them with proper notice, or exclude any participant if any anomaly, abuse, or unethical behavior is detected in their participation.
9. Warranty of Purchased Products
All our products come with the direct manufacturer’s warranty, which in no case is less than two (2) years, as established by Law 23/2003 on the Warranty of Consumer Goods. Products that have been tampered with, damaged, or affected by incorrect use are explicitly excluded from the manufacturer’s warranty.
The warranty will become void in cases of defects or deterioration caused by external factors, accidents, especially electrical accidents, wear and tear, or installation and use not in accordance with the Manufacturer's instructions.
Products modified or repaired by the Customer or any person not authorized by the Manufacturer are excluded from the warranty. The warranty will not apply to apparent defects or product conformity issues, for which any claim must be made by the Customer within 7 days of product delivery. The warranty does not cover products damaged by improper use.
It is expressly stated that consumables subject to wear and tear are not covered by the warranty, as manufacturers do not provide it due to the various factors that can affect their proper functioning.
10. Contract Termination
EVOTECSHOP reserves the right to immediately withdraw access to the service and to EVOTECSHOP for users who, at the discretion of EVOTECSHOP, violate the provisions of these terms, without the possibility of a refund if payment has been made.
Specifically, EVOTECSHOP may cancel the contract:
When access is used for illicit purposes, including those listed in this contract and in the EVOTECSHOP legal notice.
When the billing information provided in the contract is incorrect or prevents invoicing and/or payment for the contracted service.
In cases of fraudulent use of the product or use contrary to good faith.
11. Right of Withdrawal
According to the General Law for the Protection of Consumers and Users, buyers have a period of 14 business days from the date of delivery of the item to cancel the contract and receive a refund. The buyer is responsible for the direct cost of returning the item, in accordance with the European Returns Directive http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:304:0064:0088:ES:PDF.
12. Contract Document
The contract document between the user and EVOTECSHOP consists of these General Terms and Conditions of Purchase, the form submitted by the user with their personal and payment information, and the data stored by EVOTECSHOP, which complete this document and prevail over any other prior or simultaneous verbal or written agreement.
13. Intellectual and Industrial Property
EVOTECSHOP holds all rights over the content, design, and source code of this website, including, but not limited to, photographs, images, texts, logos, designs, trademarks, trade names, and data included on the site.
Customers and Users are advised that these rights are protected by current Spanish and international intellectual and industrial property laws.
Furthermore, and without prejudice to the above, the content of this website is also considered computer software and is therefore subject to all applicable Spanish and European Union regulations in this area.
The total or partial reproduction of this website, or any of its content, is expressly prohibited without the express written permission of EVOTECSHOP.
Additionally, copying, reproducing, adapting, modifying, distributing, commercializing, publicly communicating, and/or any other action that infringes current Spanish and/or international intellectual and/or industrial property laws, as well as using the website content without prior express written authorization from EVOTECSHOP, is strictly prohibited.
EVOTECSHOP clarifies that it does not grant any implicit license or authorization regarding intellectual and/or industrial property rights or any other rights or property directly or indirectly related to the content included on the website.
The use of website content is only authorized for informational and service purposes, provided the source is cited or referenced, with the user being solely responsible for any misuse.
14. Access to and Use of the Website
Customers and Users are fully responsible for their conduct when accessing the information on the Website, while navigating it, and after having accessed it.
As a consequence, Customers and Users are solely responsible to EVOTECSHOP and third parties for:
The consequences that may arise from using any website content, whether created by EVOTECSHOP or not, published under its official name or not, for illicit purposes or in a manner contrary to this document.
The consequences that may result from the use of the website contrary to the content of this document and harmful to the interests or rights of third parties, or that may in any way damage, disable, or deteriorate the Website or its services, or prevent normal use by other Users.
EVOTECSHOP reserves the right to update content whenever deemed appropriate, as well as to remove, limit, or block access to it temporarily or permanently, and to deny access to the Website to Customers and Users who misuse the content and/or violate any of the conditions outlined in this document.
EVOTECSHOP informs that it does not guarantee:
That access to the Website and/or linked Websites will be uninterrupted or error-free.
That the content or software accessed by Customers and Users through the Website or linked Websites is free of errors, computer viruses, or other elements that could alter their system or the electronic documents and files stored on their system, or cause any other type of damage.
That the use of information or content from this Website or linked Websites by Customers and Users for their personal purposes will be appropriate or safe.
The information contained on this Website should be considered by Customers and Users as informative and guiding, both in relation to its purpose and its effects. Therefore:
EVOTECSHOP does not guarantee the accuracy of the information on this Website and, consequently, assumes no responsibility for any damages or inconveniences to Users that may arise from inaccuracies present on the Website.
If any clause of these Terms of Use is declared null or void, the remaining clauses will remain in effect and will be interpreted in accordance with the intent of the parties and the purpose of these Terms of Use.
EVOTECSHOP may choose not to exercise any of the rights and powers granted in this document, which shall not be considered a waiver of such rights, except in cases of express acknowledgment by EVOTECSHOP or the expiration of the applicable statutory period for each case.
16. Modification of the Terms of Use
EVOTECSHOP reserves the right to modify, at any time, the presentation and layout of the Website, as well as these General Terms and Conditions. Therefore, EVOTECSHOP recommends that Customers read them carefully each time they access the Website.
Customers and Users will always have access to these Terms of Use in a visible location, freely accessible for any consultation they wish to make. In any case, acceptance of the Terms of Use will be a prior and indispensable step before purchasing any product available through the Website.
17. Applicable Law and Jurisdiction
This contract shall be interpreted and governed in accordance with Spanish law. EVOTECSHOP and the user agree to attempt to resolve any disputes arising from this Contract amicably before resorting to the applicable jurisdiction. The user acknowledges and accepts that this Contract, as well as any claims and liabilities arising from it, are subject to Spanish law.