TERMS AND CONDITIONS
1. Terms and Conditions
2. Website’s Owner and Responsible (www.ag10moto.com)
AG10Moto (Aitor González García)
Gran Vía Carlos III, 98 – Planta 6
08028 Barcelona – Spain
3. Contact Information
For any concern or incident related to the use of the website, you can contact AG10Moto through the following link:
4. Services provided
AG10Moto offers tailored motorcycle clothing for both men and women. You will find detailed descriptions as well as 2D/3D visualizations of the products that you can purchase on the website.
Although we try to accurately display the colors of our products on the website, the actual colors you see depend on your monitor and screen settings, and we cannot guarantee that the colors displayed on your monitor will be exactly the same as the colors of the products at the time of delivery and/or reception:
• Variations in manufacturing processes, your monitor settings and your computer hardware may affect the textures and designs of the products, which means that the products delivered may be slightly different, in appearance, from those displayed and described on the web.
• All AG10Moto products are subject to availability, which means that we may not always be able to supply your order. We will inform you as soon as possible if a product you have ordered is not available and, if you agree, we may offer you an alternative product of equivalent / higher quality or similar value.
• Please note that we will only process your order if it has been successfully placed and we have received authorization from your payment card.
If you are buying from the European Union and, therefore, our products are going to be delivered within the Union, taxes are included.
We do not accept orders from European Union customers placed in currencies other than Euros.
For the rest of the countries, taxes are not included. Outside the EU All AG10Moto charges exclude taxes, duties and other government fees. You agree to pay and be responsible for any taxes, duties or surcharges associated with the transaction.
All products in the bespoke AG10Moto collection are uniquely customized to meet the requirements of our customers, handcrafted to ensure precision in design details. The manufacturing process has different phases of quality control, which allows us to ensure that the product is in excellent conditions. Our quality control team inspects each piece throughout the production process until the moment the product is finally shipped.
The delivery time for AG10Moto custom products will be between 4 and 14 weeks from the moment we have confirmed the MEASURES and the SKETCH.
The usual delivery time is normally around 8 weeks but this period can be SHORTENED or EXTENDED depending on the waiting list we have.
Orders placed with the EXPRESS TAILORING service have a delivery time of 15 working days from the moment we have confirmed MEASURES and SKETCH.
In the event that you have chosen the EXPRESS TAILORING service and we are late in delivery, thus exceeding this period of 15 days, we will refund the proportional part of the service.
7. Order not received/damaged package
In order for us to offer solutions within our post-sale policy for any problem related to shipping (damage, lost package, missing product), you must notify us via email within 7 calendar days of receiving the order.
8. Perfect Fit guarantee
AG10Moto custom products (JACKETS, SUITS and PANTS) have a PERFECT FIT GUARANTEE where the customer can try on the equipment and request a size adjustment if necessary.
THE FIT GUARANTEE COVERS:
• SIZE adjustments of any kind at no cost to the customer, whether it is about widening, narrowing, shortening, lengthening, etc. With the aim of meeting the rider’s fit expectations.
THE FIT GUARANTEE DOES NOT COVER:
• Design modifications.
• Change of logos.
• Enrollment modifications.
• Color modifications.
• Shipping costs.
• Size adjustments in custom GLOVES and BOOTS.
All AG10Moto products are manufactured based on the measures provided by the client with no margin for error thanks to the pattern-making software that we use for this task.
In the case of processing a fit guarantee, we will ask you to re-measure several areas of the body to detect the error in the measures initially provided.
There may be variations in the color tones of the digital sketch in comparison with the actual color once the garment is manufactured. Sketches use approximate and reference colors.
The same color can vary depending on the type of garment since different types of finishes are implemented for the leather used in SUITS, BOOTS and GLOVES, which makes inevitable that there will be variations in shades on the same color.
The printing service of textures / logos directly on the leather is applicable only on bovine leather and in the case of kangaroo leather kits, a combination of the two raw materials will be made.
The design of patterns used in the digital sketches that we send you are just for reference since the actual design must be adapted to the real measures of the client, therefore, it may suffer variations.
We reserve the right to make changes to the sketch during the manufacturing process in order to adapt it to the customer’s measures.
If a customer wants to make use of the FIT GUARANTEE, they must send an email to email@example.com stating:
•Date of purchase.
•Photos from the front, profile and back with the product on.
•Numbered list of adjustments to be made.
The maximum period from the reception of the purchase to apply the FIT GUARANTEE will be 15 calendar days and we will not allow new adjustments to be added once the FIT GUARANTEE process has started.
Shipping costs for COLLECTION and RETURN will be undertaken by the customer.
We offer a €25 COLLECTION / RETURN service for the peninsula (Spain) where we take charge of the collection as well as the return once the guarantee has been applied.
In the case of Balearic and Canary Islands, the cost of COLLECTION and RETURN will be €45.
Other countries must check rates.
9. Logos, Names and distinctive marks.
In the event that the client requests to include any type of logo, name or distinctive mark subject to third-party intellectual property rights on an AG10Moto custom kit, the client will be fully responsible for having the license, sublicense or specific authorization from the owner of those rights for AG10Moto to include said graphics or distinctive marks on the kit, exempting AG10Moto from any liability or claim.
10. Early cancellation of an Order
You can cancel or modify your order during the next 15 calendar days from the day the first payment was made.
In the event that more than 15 calendar days have passed since the first payment was made, you will already have a production spot assigned with a reserve of materials, therefore unfortunately we will not be able to make any changes and you will have the obligation to finalize your order at any time.
Remember that AG10Moto products are handcrafted and completely custom-made, requiring production planning several months in advance.
The maximum time that we can wait for a sketch or measures needed for an order will be 12 months.
After this period, the client will have the obligation to pay the remaining amount and we will be waiting for the confirmation of measures / sketch to manufacture your kit.
*Orders including the EXPRESS TAILORING service can be canceled or modified only during the first 24 hours after having processed the first payment.
11. Return of personalized and tailor-made products
AG10Moto personalized and tailor-made products do not admit changes or returns because they are products manufactured exclusively for each client.
12. Content’s modifications and accuracy
AG10Moto reserves the right to make the modifications it deems appropriate on its website without prior notice, being able to change, delete or add both the content and services provided through it and the way in which they are presented or located on your website for its improvement and renewal.
AG10Moto reserves the right to deny or withdraw access to its website and/or the services offered without prior notice, at its own request or by a third party, to those users who fail to comply with these Terms and Conditions.
14. Intellectual and Industrial Property
The AG10Moto website and its content, including services, programs, data, designs, texts, graphics, logos, icons, buttons, as well as software, trade names, trademarks, projects, illustrations, photos or industrial drawings and any other signs susceptible to industrial and commercial use (i) are property of AG10Moto and are protected by national and international legislation on intellectual and industrial property. At no time shall it be understood that AG10Moto grants the license or waiver, total or partial transmission of said rights, nor is any right or expectation of rights conferred, especially those of alteration, transformation, exploitation, reproduction, distribution or public communication of said content without the prior express and written authorization of AG10Moto or the corresponding owners. The user can only use the website and its content for personal and private use. Any other use is prohibited and will require the user to obtain prior express written authorization from AG10Moto. AG10Moto makes reasonable efforts to ensure that this website is free of viruses and other malicious or harmful content. You may use, download and print content from the website solely for your own personal or non-commercial personal use. Except for your own personal use or internal business purposes, you may not do any of the following, without first obtaining AG10Moto’s prior written consent:
• Copy, reproduce, utilize or deal in any other way with any content on the website.
• Modify, distribute or republish any content on the website, for any purpose.
• Reproduce the website, introduce web crawlers into it, perform framing, link or deep linking to this website on any other website or from any other website.
• Use the website’s content for any type of commercial exploitation.
15. Rights and obligations of users
In general, users must always act in accordance with the law, good habits and requirements of good faith, using due diligence and refraining from using the website in any way that could prevent, damage or deteriorate the normal functioning of it, the goods or rights of AG10Moto, its suppliers, the rest of the users or any third party in general. Specifically and without implying any restriction to the previous section, while using the website, the user is obliged to:
• Provide true and accurate information about the data requested in the registration or order forms, while keeping them updated.
• Do not enter, store or disseminate any information on or from the website regarding material that is defamatory, insulting, obscene, threatening, xenophobic, incites violence, or discrimination based on race, sex, ideology, religion or that violates morality, public order, fundamental rights, civil liberties, honor, privacy or the image of third parties and current regulations in general.
• Do not introduce, store or disseminate through the website any program, data, virus, code, or any other electronic or physical device that is likely to cause damage to it, in any of the services, or in any of the equipment, systems or networks of AG10Moto, of any user from AG10Moto providers or any other third party.
• Do not carry out advertising activities or commercial exploitation through the website, and do not use its contents and information to broadcast advertising or send messages for any other commercial purpose, or to collect or store data from third parties.
• Do not use false identities or impersonate the identity of others while making use of the website or any of its services, including the use, where appropriate, of third-party passwords, access codes or any other way.
• Do not destroy, alter, make use, disable or damage data, information, programs or electronic documents belonging to AG10Moto, its suppliers or other third parties.
• Do not introduce, store or disseminate through the website any content that infringes intellectual property rights, industrial or business secrets of third parties, or any type of content that does not hold, in accordance with the law, the right to make it available to third parties.
16. Personal data protection
17. Links to other websites
AG10Moto includes some links on its website that lead to other websites you may wish to visit. We have no control over the content of these websites, nor do we examine them. In the event that you access a website whose link is shown on our website, you agree that we are not responsible for the content of those websites, including any advertising or products that are offered to you through them. In addition, AG10Moto will not be responsible for any crime, damage or loss that occurs due to the fact that you have used said websites, except when required by applicable law.
18. Social media
• Make an estimation on numbers and use patterns.
• Store information about your preferences and personalize our website.
• Speed up your searches.
• Recognize you when you return to our website.
The user can refuse to accept cookies by activating the setting in the browser that allows rejecting cookies. However, if you disable cookies, you will not have access to many features and the performance of some services on the website may be compromised.
20. Applicable law and competent jurisdiction
Relations between clients and AG10Moto are based on the laws of Spain.
In case of dispute regarding any of the aforementioned conditions of sale, with its interpretation, execution and non-execution, expressly waiving any other jurisdiction that may correspond to them, the parties submit to the Courts and Tribunals of Barcelona, Spain.
Privacy is of great importance to AG10Moto and we want to keep an open and transparent attitude when processing your personal data.
Therefore, we have a policy that determines how your personal data is treated and protected.
Why do we use your personal data?
We will use your personal data to manage your online purchases by processing your orders and returns through our online services, and to send you notifications about the delivery status or in case of problems with the shipment of items.
We will use your personal data to send you informative and promotional communications exclusively related to the group / service offered by AG10Moto.
We will use your personal data to manage your payments.
We will also use your data to manage any complaint or question about the guarantee of the products.
Your personal data will be used to identify you and validate your legal age to make online purchases, also confirming your address with external collaborators.
What kind of personal data do we process?
We will process the following categories of personal data:
· Contact information (name, address, email and phone number)
· Measure profile information
· Order information
· Purchase history
Who has access to your personal data?
The data sent to third parties, which is used only to offer you the aforementioned services, will include companies that will validate your address, communication companies that will send your order confirmation, warehouses and suppliers in relation to the delivery of said order, as well as payment service providers for financial management.
Remember that many of these receiving companies have the right or obligation to process your personal data.
We never transfer, sell or exchange your personal data with third parties outside the AG10Moto group. The data sent to third parties will only be used to offer you our services. We will detail the categories of third parties that access your data for each specific processing activity.
Transfer of your personal data
Your information, including personal data, is processed at the company’s operating offices and at any other location where the parties involved in the processing are located. This means that this information may be transferred to others and stored on other computers located outside of your state, province, country or other governmental jurisdiction where data protection laws may be different from those in your location.
How long do we store your data?
We store your data for as long as you remain an active customer.
You will have the right to terminate your account at any time. If you choose to do so, your account will cease to exist and you will be considered inactive. We will keep your personal data in the event of a legal requirement or pending dispute.
Who is responsible for the processing of your personal data?
AG10Moto is responsible for the processing of the personal data that you provide us and is responsible for said personal data in accordance with the applicable regulations on data protection.
AG10Moto (Aitor González García)
Gran Vía Carlos III, 98 – Planta 6
08028 Barcelona – Spain
Where do we store your data?
The data we collect about you is stored within the European Economic Area (EEA), although it may also be transferred to and processed in a country outside of the EEA. Any transfer of your personal data will be carried out in accordance with applicable laws. For transfers outside the EEA, AG10Moto will use Contractual Clauses for data transfer protection adopted by the European Commission and the Privacy Shield EU – USA as a guarantee of those transfers made to countries that do not have an adequacy decision from the European Commission.
What is the legal base for the processing of your data?
The processing of the personal data in your account is based on the consent that you provide us when creating your AG10Moto account.
The processing of your data is also based on our legitimate interest to provide you with relevant product information.
In the event of placing an order, the processing of your personal data by AG10Moto is necessary for the fulfillment of the order administration and delivery service on your behalf.
What are your rights?
Anyone has the right to obtain confirmation as to whether or not at AG10Moto we are processing personal data that concerns anyone. You can contact us so that we can send you the personal data we process about you by email.
Right to data portability:
Whenever AG10Moto processes your personal data through automated means based on your consent or agreement, you have the right to obtain a copy of your data in a structured, commonly used and machine-readable format transferred to yourself or a third party. It will only include the personal data that you have provided us.
Right to rectification:
You have the right to request the rectification of your personal data if it is inaccurate, including the right to complete data that appears incomplete.
If you have a customer account, you can consult and edit your personal data by accessing said account via the website.
Right to erasure:
You have the right to obtain without undue delay the erasure of any of your personal data processed by AG10Moto at any time, except in the following situations:
• You have a pending issue with Customer Service.
• You have a pending order that has not yet been shipped or whose shipment has not been completed.
• It is suspected or confirmed that you have misused our services in the last four years
• You have made a purchase so we will keep your personal data regarding the transaction by accounting regulations
Right to object regarding direct marketing and legitimate interest:
You have the absolute right to object to the processing of your personal data if it is for direct marketing purposes. You can opt out of direct marketing at any time in the following ways:
· By following the instructions provided in each marketing mail.
· By changing the settings of your AG10Moto account.
You also have the right to object to the processing of your personal data based on the legitimate interest of AG10Moto. AG10Moto will not continue to process personal data unless we can prove compelling legitimate grounds for processing that outweigh your interests, rights and liberties, or for the formulation, exercise or defense of claims.
Right to lodge a complaint with a supervisory authority:
If you consider that AG10Moto treats your data incorrectly, you can contact us. You also have the right to lodge a complaint with the competent data protection authority.
Right to restrict processing:
You can limit the way that AG10Moto uses your data under the following circumstances:
• If you object the processing of your data based on the legitimate interest of AG10Moto, said company must limit any processing of this data pending verification of the legitimate interest.
• If you claim that your personal data is incorrect, AG10Moto must limit any processing of such data until its accuracy is verified.
• If the processing is illicit, you may object the deletion of the personal data and, instead, request the limitation of its use.
• If AG10Moto no longer needs the personal data, but you need it for the formulation, exercise or defense of claims.
Exercise of rights
We take data protection very seriously and therefore we have dedicated customer service staff who deal with your requests regarding the aforementioned rights. You can always contact them at: firstname.lastname@example.org.
Most browsers automatically accept cookies, but it is also possible to prevent them from doing so. In this case, the user will be able to browse the web, but in order to make a purchase in it will be essential that the browser accepts the so-called “session cookies”, those that exist only while staying in and disappear once said browser is closed.
COOKIES AFFECTED BY THE REGULATIONS AND EXEMPTED COOKIES
According to the EU directives, the cookies requiring the user’s informed consent are analytical, advertising and affiliation cookies, while technical cookies and those necessary for the operation of the website or the provision of services expressly requested by the user are exempted.
TYPE OF COOKIES
a) Session cookies, which are temporary cookies that memorize your online activities. Since websites have no sense of memory, without these cookies, your site browsing history would always be blank. In fact, with every click you would make, the website would treat you as a completely new visitor. Ultimately, session cookies help you maneuver through the internet by remembering your actions, and they expire as soon as you close out of a web page.
b) Persistent cookies (also known as first-party cookies) which work by tracking your online preferences. When you visit a website for the first time, it is at its default settings. But if you personalize the site to fit your preferences, persistent cookies will remember and implement those preferences the next time you visit the website. This is how computers remember and store your login information, language selections, menu preferences, internal bookmarks, and more. Persistent, permanent, and stored cookies are terms used interchangeably as these cookies are stored in your hard disk for (typically) a long period of time.
c) Third-party cookies, also referred to as tracking cookies, collect data based on your online behavior. When you visit a website, third-party cookies collect various types of data.
These can also be explained through the following categories:
- Technical cookies, used for the sole purpose of carrying out the transmission of certain information on an electronic communications network.
- Personalization cookies, which remember a user’s preset features and preferences for a specific site, such as preferred language or currency.
- Analytics Cookies, used to track website visitors and their user behavior. This data is then used to improve the way the website works and in turn, used to improve user experience.
- Advertising cookies, which collect information about the preferences and personal choices of users.
- Affiliate cookies, used to track affiliate referrals through different websites.
TYPE OF COOKIES USED ON THIS WEBSITE
The cookies used on our website are session and third-party ones, allowing us to store and access information related to the language, type of browser used, and other general characteristics predefined by the user, as well as to follow and analyze the activity carried out by the user in order to improve and provide our services in a more efficient and personalized way. The cookies used are, in any case, temporary, with the sole purpose of making browsing more efficient. In no case do these cookies provide personal data by themselves and they are not used to collect them either.
When accessing our website, you are informed that if you continue browsing, various third-party cookies will be installed, thus consenting to the installation of certain cookies that will have the sole purpose of recording access to our website for anonymous statistics on visits, collecting information always anonymously. You do not need to accept the installation of said cookies, you can still browse our entire website.
In various sections of our website, social network cookies may be installed, specifically the following:
· Facebook cookies, as provided in its policy of cookies.
· Google+ and Google Maps cookies, as provided in their webpage regarding the type of cookies used.
REVOCATION OF COOKIES
You can access your browser settings at any time, accepting or rejecting all cookies, or selecting those whose installation you accept and those you do not, by following one of these procedures, which depends on the browser you use:
· Google Chrome:
Settings > Advanced > Privacy > Cookies:
· Microsoft Internet Explorer:
Internet Options > Privacy > Advanced:
Settings > Privacy > Cookies:
· Safari, iPad y iPhone:
Preferences > Privacy
Settings > Options > Advanced > Cookies
• These browsers are subject to updates or modifications, so we cannot guarantee that they will fully adjust to the version of your browser. You may also use a different browser from the ones named in these links such as Konqueror, Arora, Flock, etc. To avoid mismatches, you can access directly from the settings of your browser, through the “Options” menu in the “Privacy” section. (Please consult the “Help” section of your browser for more information).
Deactivation/activation and elimination of cookies
You can restrict or block cookies through the browser settings.
If you do not want websites to place any cookies on your computer, you can adjust your browser settings so that you are notified before any cookies are placed. In addition, you can adapt the settings so that the browser rejects all cookies, or only third-party cookies. You can also delete any of the cookies that are already on your computer. Keep in mind that you will have to adapt the settings of each browser and equipment you use separately.
Please note that if you do not wish to receive cookies, we can no longer guarantee that our website will function properly. Some of the websites features may be lost and you may no longer be able to view certain websites. Also, rejecting cookies does not mean that you will no longer see advertisements. The ads simply will not match your interests and will repeat more frequently.
Each browser has a different method to adapt the settings. If necessary, consult the “Help” section of your browser to set the right settings.
To disable cookies on your mobile phone, see the device manual for more information.
You can get more information about cookies on the Internet, http://www.aboutcookies.org/.
Due to the way the Internet and websites work, we do not always have information about cookies placed by third parties through our website. This applies especially to cases where our website contains “embedded elements”: texts, documents, images or short movies that are stored elsewhere, but are displayed on or via our website.
Therefore, if you come across these types of cookies on this website and they are not listed above, please let us know or get in touch with the third party directly to request information about the cookies it places, the purpose and duration of the cookie, and how it ensures your privacy.