General terms and conditions for the provision of services

These General Conditions shall apply between the company “AUTOCAFLER, S.L.” (hereinafter, CAFLER) and any natural or legal person who makes an online purchase through the website www.cafler.com, regardless of their commercial or business activity (hereinafter, the User). This website, www.cafler.com (hereinafter, the Website), is owned by AUTOCAFLER, S.L. with tax ID (CIF) B42749473, and registered office at Carrer de Balcells, 29, Planta baixa, Gracia, 08024 Barcelona, registered in the Commercial Registry of Barcelona.

CAFLER reserves the right to make such modifications as it deems appropriate to these General Conditions of Contracting and Use, of which notice shall be given prior to confirmation of the first purchase made after such modification. Said modifications may be made by any means admissible in law and shall be binding for as long as they remain published on the website and until they are validly modified by subsequent ones. Notwithstanding the foregoing, CAFLER reserves the right to apply, in certain cases, Particular Conditions of Contracting, taking precedence over these General Conditions when it deems appropriate, announcing them in a timely and appropriate manner.

These General Conditions of Contracting and Use govern the provision of the information supplied at www.cafler.com, as well as the commercial transactions that arise between CAFLER and the user of the www.cafler.com domain. Contracting any of the services offered implies acceptance, as a User and without reservations of any kind, of each and every one of these general conditions of contracting.

In any event, the general terms of use contained herein are mandatory and binding; any person who does not accept these terms must refrain from using the portal and/or the services of CAFLER. These General Conditions of Contracting do not entail any partnership, agency, franchise, or employment relationship between CAFLER and the User.

The purpose of the website is to offer the User a quick and easy method to contract, among others, services consisting of transporting the User’s vehicle from the pick-up address entered in the relevant form to the Roadworthiness Test (ITV) station that CAFLER decides, through a certified professional driver. Through the Website, the User may request the invoice for the service provided once it has been completed by sending an email to soporte@cafler.com indicating the service identification (email, date, licence plate) and their tax details. The invoice will be sent electronically to the email address indicated by the user, with the possibility of sending a physical paper invoice by ordinary mail free of charge if the user so indicates in the invoice request email.

For the sake of clarity, the CAFLER services described above are offered only for passenger-type vehicles, understood as any automobile other than a motorcycle, specially designed and built for the transport of people and with a capacity of up to 9 seats, including the driver.

CAFLER does not undertake that the result of the inspection at the ITV station will be satisfactory. Therefore, CAFLER assumes no warranty in this regard. This exemption from liability does not affect the legal rights the user may hold against the workshops associated with CAFLER, in the event that complementary services related to such workshops are contracted.

The User expressly declares that they know, understand and accept the conditions of use and these general conditions of contracting. Likewise, they declare that they are of legal age and have the legal capacity and capacity to act necessary to contract the services of CAFLER.

In order to contract services with CAFLER, the User does not need to register on the Website, although it shall be an essential requirement that, during the contracting process, the User provides a valid email address at which to receive the notifications corresponding to the contracted service.

The User of CAFLER may not contract a service without first having accepted the General Terms of the services offered by CAFLER and the Privacy Policy of the Website.

Confirmation of the service order indicates that the User accepts its specifications and characteristics. Likewise, they are bound by the conditions of sale included in the description of the service insofar as these do not infringe the laws or the General Terms of Use and other policies of CAFLER.

The price of the services offered by CAFLER is indicated on the Website in Euros and includes Value Added Tax (VAT). Should any other tax or levy be applicable, this would be indicated.

The price of a service must be paid by the User at the time of contracting through the payment methods enabled for this purpose on the Website by means of a Credit card through the Stripe platform.

During the payment process, if the User has a discount code, they must indicate it so that it is applied.

CAFLER reserves the right, at any time and unilaterally, to modify the price of the services offered through its Website. To guarantee the customer the certainty and security of the price of their services, this shall be the one in force on the website coinciding with the moment of placing an order.

CAFLER does not undertake that the result of the inspection at the ITV station will be satisfactory. Therefore, CAFLER assumes no warranty in this regard. This exemption from liability does not affect the legal rights the user may hold against the workshops associated with CAFLER, in the event that complementary services related to such workshops are contracted.

CAFLER shall not be liable for electrical or mechanical failures of the vehicle during the pick-up and delivery journey.

The vehicle, both at the time of pick-up and upon its delivery after the inspection at an ITV station, will be visually inspected by the professional CAFLER driver, who will take photographs of the front, rear and sides and will note any possible damage or issues.

CAFLER shall be liable for the penalties for driving infringements that the State Security Forces may impose on the vehicle during the transfer, as a result of the driving carried out by the driver. CAFLER shall not be liable for any other penalties imposed on the vehicle and/or its owner, for example, by way of illustration and not limitation: defects in the vehicle such as driving with a blown bulb, driving with the ITV inspection expired, etc.

In the event that, following the inspection of the vehicle at an ITV station, the vehicle presents damage or issues that did not exist at the time of vehicle pick-up, the User may require CAFLER to be liable for them, for which purpose the corresponding report shall be issued addressed to the insurance company contracted by CAFLER.

By using the Web, the User accepts and acknowledges, without limitation, that CAFLER is not responsible for, nor offers any warranty in respect of, the services provided by CAFLER’s partner workshops.

The foregoing does not affect the Buyers’ legal rights against the workshops.

In the event of an incident with the service provided by a CAFLER partner workshop, the User must contact the workshop directly, following the complaint procedures available at the workshop.

CAFLER holds a civil liability policy contracted with an insurance company that covers civil liability for damage, theft or destruction of the motor vehicles in its possession during the custody of the vehicles. Excluded from said policy are objects or goods deposited inside the vehicles, manufacturing defects, defective repairs or hidden damage, imperceptible due to a lack of care in the conservation of the vehicle. For this reason, and given the difficulty of detecting small impacts or cracks in the windows of vehicles, and the possibility that these become visible with the change in temperature produced during transfers, etc., CAFLER declines all liability with regard to this type of damage.

The entity AUTOCAFLER, S.L., and its directors, partners or agents, assume no liability for losses or damages that the user or a third party may suffer. By loss or damage is understood any direct, indirect, punitive or consequential loss or damage, as well as loss of profit; as well as loss of goodwill; any loss of data or contracts; as well as losses or damages arising from or related to the interruption of business activity, loss of opportunities, loss of anticipated savings, loss of management time or working hours.

All of the foregoing regardless of contractual or non-contractual liability in relation to the services provided by CAFLER, to this Website, or to the use, impossibility of use, or to the results of use of this Website or of any websites linked to this Website or of the material on these websites.

CAFLER is fully responsible for the content of this Website, as established in the conditions of use of this Website.

All information, data, content and materials of the CAFLER website, including but not limited to signs, trademarks, logos, graphics, images, prices, website design, layout, presentation and configuration of products/services, design colour palette, databases and source code, are protected by industrial and intellectual property laws, with CAFLER holding ownership of all of them and/or the rights that enable it to exploit them in accordance with the law.

The User of the CAFLER website may use its content solely and exclusively in the strictly required manner that allows the visitor and/or user to carry out private, personal and non-commercial use. Any other use, reproduction and/or exploitation of its content is expressly prohibited and entails the infringement of the contractual commitments acquired with CAFLER within the framework of these terms and conditions and the infringement of the applicable industrial and intellectual property laws and/or any other laws deemed to be infringed. Should the visitor and/or user wish to carry out a non-consented or prohibited use, reproduction and/or exploitation, they must first obtain the express, written and signed authorisation of CAFLER.

The User is not authorised, under any circumstances, to use, reproduce and/or exploit the CAFLER website or its content in a manner other than as expressly authorised. In this regard, the use of automated systems or software for the purpose of obtaining/extracting data from this website for commercial purposes is totally prohibited.

The User is not authorised to use/employ/exploit the signs/logos/trademarks of CAFLER for commercial purposes, whether directly or indirectly, including, among others, in their metatags, url(s), links, description of titles, products or services.

Likewise, the User is strictly prohibited from using reverse engineering techniques, content decompilation techniques and/or any other technique or means for the purpose of using the CAFLER website and/or its contents in a manner other than as expressly authorised by CAFLER.

The information and materials included on the website have been obtained by CAFLER from sources considered reliable, and reasonable measures have been taken to ensure that the information contained is correct.

CAFLER reserves the right to modify, suspend, cancel or restrict the content of its website, the links or the information obtained through it, without prior notice.

CAFLER assumes no liability for the incorrect use of its website that the user may make, both of the information and of the services contained therein.

Under no circumstances shall CAFLER, its branches and/or workplaces, its directors and/or attorneys, employees and, in general, authorised personnel be liable for any harm, losses, claims or expenses of any kind, whether arising, directly or indirectly, from the use and/or dissemination of the website or of the information acquired or accessed by or through it, or from its computer viruses, operational failures or interruptions in the service or transmission, or from line failures in the use of the website, whether by direct connection or by link or other means, constituting for all legal purposes a notice to any user that these possibilities and events may occur.

This website is owned by CAFLER. The intellectual and industrial property rights and exploitation and reproduction rights of this website, of its pages, screens, the information they contain, their appearance and design, as well as the links (“hyperlinks”) established from it to other websites of any subsidiary and/or controlled company of CAFLER, are the exclusive property of the latter, unless otherwise expressly specified. Any denomination, design and/or logo, as well as any product or service offered and reflected on this website, are trademarks duly registered by CAFLER, by its subsidiaries and/or controlled companies or by third parties. Any improper use of them by persons other than their legitimate owner and without the express and unequivocal consent of the latter may be reported and prosecuted through all the legal means existing in the Spanish and/or European legal system.

The intellectual property rights and trademarks of third parties are duly highlighted and must be respected by anyone accessing this page, with CAFLER not being responsible for the use that the User may make in this regard, the sole responsibility falling on their person.

It is prohibited to reproduce, transmit, modify or delete the information, content or warnings of this website without the prior written authorisation of CAFLER. The internet pages of CAFLER may contain links to other third-party pages. Therefore, it cannot assume responsibilities for the content that may appear on third-party pages.

Any act of reproduction, storage, transformation, distribution or public communication, in whole or in part, must have the express consent of CAFLER.

The introduction of hyperlinks for mercantile purposes on websites external to CAFLER.com, allowing access to our Website, without prior consent, is expressly prohibited. In any case, the existence of hyperlinks on websites external to us shall in no case imply the existence of commercial or mercantile relationships with the owner of the website where the hyperlink is established, nor the acceptance by CAFLER of its contents or services.

The breach by the user and/or visitor of these terms and conditions shall entitle CAFLER to exercise the legal actions it deems pertinent, both in criminal and commercial proceedings, in order to obtain the cessation of the unlawful actions, as well as the appropriate compensation for damages, for the harm caused.

These General Conditions of Contracting are governed by Spanish law, and specifically by the provisions of Law 7/1998, of 13 April, on General Contracting Conditions; Royal Decree 1906/1999, of 17 December 1999, regulating Telephone or Electronic Contracting with general conditions; Organic Law 15/1999, of 13 December, on the Protection of Personal Data; Law 7/1996, of 15 January, on Retail Trade Regulation; Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce; and Royal Legislative Decree 1/2007, of 16 November, approving the Consolidated Text of the General Law for the Defence of Consumers and Users.

The parties submit, at their choice, for the resolution of disputes and waiving any other jurisdiction, to the courts and tribunals of the user’s domicile.