1. GENERAL

This document defines the general terms and conditions of sale and the general terms and conditions of use of the online website www.njmotion.com, and all subdomains / sub-websites. The domain www.njmotion.com is owned by EXTREM MOTION SIMULATORS, S.L., a limited company, with headquarters in CRTA. GIJON SEVILLA, S/N-06200-ALMENDRALEJO-BADAJOZ and NIF B70755814. This contract, designated as NjMotion, reserves the right to unilaterally modify, at any time and without prior notice, the presentation and content of the website, its services and the General Conditions of Use. These modifications will serve to improve the website, while improving the services offered to the website user.
Both browsing the website www.njmotion.com, its subdomains and sub-pages, as well as the purchase of any product at these addresses, presupposes acceptance of these general conditions of sale and the general conditions of use that appear on the page.
The fact that the customer has not received these general conditions of sale in their language of origin does not invalidate their application.
These General Conditions supersede any other condition unless there is a prior agreement between the parties in written form. Commercial conditions or unclear or contradictory communications from the Customer will be disregarded.

2. OFFER

NjMotion takes into account the information relating to the essential characteristics of the articles, through technical descriptions shared by its suppliers and images that illustrate the marketed articles, in strict respect for the best standards of the market.
Small changes, discrepancies or errors may be verified in the images or technical descriptions presented. NjMotion reserves the right to unilaterally modify at any time the presentation and contents of the website, its services, products, prices, and these General Conditions. These changes will aim at an improvement that is continuously desired in the use of the website and in the relationship with the Customer.

3. PRICES AND PAYMENTS

The retail prices indicated on www.njmotion.com and its subdomains are presented in euros. All items include VAT.
The costs of the shipping service are borne by the user and buyer, and are added to the total value of the selected items. The user will be informed of these charges before confirming their request and completing the purchase process.
NjMotion reserves the right to modify prices at any time, however, it undertakes to apply the rates and prices indicated at the time of the order request.
In the event that a computer, manual, technical or any other error occurs, which causes a substantial modification not foreseen by NjMotion, in the retail price, so that it becomes exorbitant or manifestly derisory, the order request will be considered invalid and cancelled.
NjMotion, through the online store www.njmotion.com, has several payment options.
The products will be delivered only upon payment by ATM, bank transfer or PayPal and as agreed and expressed in the first-order conditions.
The prices and products available on www.njmotion.com are only valid for purchase orders placed through www.njmotion.com.
Payment must be made immediately after the completion order. Unless there is another indication or agreement, payments will be made exclusively by prepayment.
All prices indicated are, unless there is another written agreement, final and non-negotiable.

4. ORDERS

To place an order it is necessary to access www.njmotion.com, and register as a user, filling out the electronic form following the instructions of each step. After registration, the user can proceed to purchase their product(s).
We recommend that you group your products in a single request. We do not group two orders if they are placed in separate orders and shipping fees are applied individually to each of them.
Your order is an order placed with NjMotion for the formalization of a purchase contract. When you place an order at NjMotion (www.njmotion.com), we will send you an e-mail to confirm receipt of your request with the necessary details. The confirmation of this order does not represent an acceptance of your order, it only indicates that we have registered your order. A purchase contract is only materialized with the confirmation of the shipment and delivery of the products to the customer after a good collection.
Orders placed on weekends or national holidays will be processed the next business day.

5. TRANSPORT AND DELIVERIES

After dispatch, you will receive an e-mail with the corresponding tracking number so that it is possible to track the order directly on the carrier’s website (available from 9 pm on the day of dispatch).
All orders dispatched by carrier will be accompanied by the respective invoice, placed on the outside of the packaging, inside a plastic bag for due effect.
In the delivery procedure, the customer may not proceed to open the packages without the corresponding signature on the transport guide in which he has prescribed them, however, he must check the volume and check the good external condition of the packaging.
In the event that any visible external damage is detected in the merchandise, the customer must refuse to receive the volume and directly contact NjMotion, through one of the available contact methods.
It is not possible to confirm the condition of the merchandise at the time of delivery, the customer must sign the transport guide with the indication “pending verification”.
The deadline to make a claim for damages caused by transport will be 48 hours from the date of delivery. After this period, NjMotion is not responsible for any damage / defect that may have occurred in transport.
Possible damages / thefts inherent to the transport of the equipment will be the responsibility of the transport entity, covered by an Insurance for a maximum amount of €1,000.
The absence of indication in the transport guide about possible external damages may not be claimed, thus remaining the responsibility of the customer.
In the event that the recipient is a minor, the lifting of the object (s) may only be carried out by one of their representatives / parents, by presenting the respective identification, either with that of the recipient (citizen card / identity document of identity both). If the representative is not one of their parents, the minor’s representative must also present a document / judgment that attributes the powers of responsibility over the minor.
No minimum order value is required.
NjMotion also has the right to limit the quantity requested of each product.
We reserve the right to make a partial or phase delivery, if this is shown faster and to the extent reasonable for the Customer. In that case, there will be no additional shipping costs. All special forms of shipping requested by the Customer are charged with the usual additional fees.

WHAT TO DO WHENEVER YOU RECEIVE AN ORDER

1. Count the volumes and check if that number matches what is indicated in the transport guide;
2. Check the external condition of the volumes;
3. If you detect any externally visible damage in any of the volumes, you must indicate it in the respective transport guide.

6. DELIVERY TIMES

After completing the entire purchase process, the delivery of the product (s) depends on the availability of the same. The products available will be sent according to the term described on the product page, after receipt of payment. If any product is not available when payment is made, we will do everything possible to ensure that delivery occurs as quickly as possible.
In case of failure to comply with a service or delivery time that may be due to natural causes, industrial conflict, unforeseen problems or other circumstances to which we are alien, the term will be extended appropriately. If the breach of a delivery time is related to another reason that is not mentioned in this document, the customer has the right to define a new term with the threat of rejection and if this new term is not met you can cancel your order. If delivery is not possible due to the inability of the manufacturer or our suppliers, both the customer and NjMotion, can cancel the order if the delivery date is exceeded by more than 2 months.
In case of breach of a delivery or service term due to natural disasters, social unrest, industrial conflict, unforeseen complications or other circumstances to which we are totally alien, the term will be extended accordingly.

7. CANCELLATION, CLAIMS AND RETURNS

The customer may cancel their order at any time through contact with the commercial department of NjMotion by phone or e-mail that can be consulted in the contacts.
In the case of online purchases, the customer may withdraw from the order if it has not yet been sent, being the total value restored, if this has already been done, to the same entity of the payment used.
To proceed with a return, in accordance with the provisions of paragraph 1 of article 10 of DL nº 24/2014, of 14/02, you have a maximum period of 15 days from the date of receipt of the order and / or taking possession of purchased products.
The return of the item must be made by presenting the respective invoice and it must be presented in perfect condition of commercialization, in original packaging and accompanied by all accessories (manuals, cables, etc.).
In cases of free resolution of contract, the shipping costs related to the return are borne by the consumer, as stipulated in paragraph 2 of article 13 of Decree-Law nº 24/2014, of 14/02.
You should never send the item to NjMotion without having previously filled out and sent the return form to our support line (sales@njmotion.com) and receive indication to proceed with the shipment.
All items will be verified upon arrival at NjMotion, and only those that are within the parameters described below will be accepted for exchange or return.

Return conditions:

1. Article without sign of use;
2. Return of the complete article, without having been opened or used, with all its components and accessories, instruction manual and original packaging in perfect condition;
3. Return Period: Up to the 15th consecutive day, from the date of delivery;
4. Returns of articles / products ordered to measure are not accepted;

• Product Out of Order. You should contact our support line or go to our after-sales service. During the first 15 days from the date you received the order and / or have taken possession of the purchased item, the replacement will be made immediately, provided that the failure is confirmed by the after-sales service of NjMotion., And the article presents all its components, accessories, instruction manual and original packaging in perfect condition. In case of stock breakage, a credit note will be issued so that the customer can opt for another article. If, from the analysis carried out by the after-sales service, it is concluded that the article does not present anomaly or that the guarantee was violated or that the product was not sold by NjMotion., The guarantee request (RMA) will be returned to the customer with shipping costs.
• Returns for damages during transport. The deadline to make a claim for damages caused by transport is 48 hours from the date of delivery. Exceeding this period, NjMotion., Will not be responsible for any damage that may have occurred in the transport of the article. If you decide on the refund of the value we inform you that, after validating the return conditions described above, the refund is made by the same payment method. In the case of payment by Entity / Reference or Bank Transfer, we request that you provide us with a NIB / IBAN to expedite the return process. No claim will be admitted if the conditions set out above are not scrupulously respected.

8. RESPONSIBILITY AND RISK

The shipment to the customer of the products ordered and the risks associated with it is the responsibility of NjMotion. When there are returns, the Customer assumes the risks, in particular the risk of transport, until the products have been received and approved by NjMotion, as well as the transport costs of said return.

9. GUARANTEE

After receiving the order, in addition to what is indicated in point 5, the customer must immediately inspect the general condition of the product and in case of failures or suspicions of damage, these will be communicated to NjMotion within 10 days of receipt. Otherwise, the guarantee on these damages or defects will not be activated.
All articles marketed by NjMotion, comply with two years of guarantee against manufacturing defects, in accordance with the provisions of article 5 of Decree-Law nº 67/2003, of April 8, with amendments introduced by Decree-Law nº 84/2008, of May 21.
Guarantees do not cover wear and tear resulting from normal use as indicated by the manufacturer. All guarantees cease if the Customer changes, in any form or pretext, the delivered product.
In the event that damages caused by the Customer arise, due to careless or inadequate handling of the purchased product, the Customer is considered in this way informed that any subsequent cost necessary for the repair and transport of these products is imputed to him.
In the event that the article presents any anomaly / defect, you should contact the after-sales service of NjMotion, through the email available in the contacts, describing the anomaly / defect that the article presents and indicating the corresponding invoice number. Our after-sales service will check the most appropriate procedure to solve the problem.
During the first 15 days from the date you received the order and / or have taken possession of the purchased item, the replacement will be made immediately, provided that the failure is confirmed by the after-sales service of NjMotion., And the article presents all its components, accessories, instruction manual and original packaging in perfect condition.
In case of stock breakage, a credit note will be issued so that the customer can opt for another article. If the analysis carried out by the after-sales service, it was concluded that the article does not present anomaly or that the guarantee has been violated or that the product was not sold by NjMotion., The guarantee right (RMA) will be returned to the customer with shipping costs.
Exceeded 15 days from the invoice date and if the customer detects any failure or defect of the article, you must fill out the RMA form and send it to our after-sales service or deliver directly to the facilities.

Exclusions to the Guarantee:

• If you do not have the purchase invoice;
• Failures resulting from adverse external actions: Mismanagement, voltage peaks, floods and anomalies as a result of accidents;
• Improper connections of components or peripherals;
• Third-party software;
• Extraction or damage the labels applied by the manufacturer or by NjMotion;
• Technical interventions carried out by personnel not authorized by the brand.

Important: We suggest that you safeguard all the accessories, manuals and original boxes of the respective articles to ensure good safety and transport conditions, although this practice is not expressive for guarantee purposes, except for immediate exchange in the conditions provided up to 15 days.
Repairs made by the technical service of NjMotion., Benefit from a 3-month guarantee that it offers to the final consumer.

NOTE: The manufacturer may condition the warranty in cases of professional use, that is, if the product or item is for professional use (invoiced in the name and taxpayer of a company), or in the case of a non-private customer, the warranty may be reduced to 12 months.

10. RETENTION OF TITLE

NjMotion reserves the sole title to the goods and services delivered until full payment of all services previously contracted and agreed with the Customer is completed, regardless of the applicable legal basis.

11. DATA PROTECTION AND ACCESS TO THE SITE BY THIRD PARTIES

• IDENTIFICATION OF THE DATA CONTROLLER
  Company: Neumáticos Javier s.c
  Headquarters: Crta Almendralejo s/N, 06207 Aceuchal, Badajoz,
  Spain
  CIF: ESJ06593172
  Data Protection Officer Contact: sales@njmotion.com

• INFORMATION AND CONSENT
  The Personal Data Protection Law (hereinafter “LPDP”) and the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, hereinafter “GDPR”) protect natural persons with regard to the processing of personal data and the free movement of such data.
  
  In legal terms, “personal data” is considered any information, of any nature and regardless of respect, including sound and image, relating to an identified or identifiable natural person, so the protection does not cover data of legal entities.
  By accepting our Privacy Policy, you represent for the purposes of the provisions of articles 4, paragraphs. 1, 2, 3, 6, 7 and 11, 6, 7, 13 provides your free, spontaneous and clarified consent for the processing of personal data, to NjMotion provided through the site https://www.njmotion.com be included in the NjMotion responsibility of the file whose treatment under LPDP and RGPD complies with the appropriate technical and organizational security measures.
  NjMotion maintains a database with the registration of its customers. The data present in this database are only the data provided by the clients themselves at the time of registration, being collected and processed automatically, according to the approval of the National Commission for Data Protection, by NjMotion, the entity responsible for the corresponding file.
  Under no circumstances will information be requested on philosophical or political convictions, party or trade union affiliation, religious faith, private life and racial or ethnic origin, as well as data relating to health and sexual life, including genetic data.
  Under no circumstances will we carry out any of the following activities with the personal data provided to us through the website www.njmotion.com:
  Transfer to other people or other entities, without the prior consent of the data owner;
  Transfer outside the European Economic Area (EEA), without the prior consent of the data owner.
  The personal data whose processing is authorized by this declaration may not be used for any direct marketing or other commercial purposes, including the definition of profiles or any other automated decision and may be subject to portability in accordance with article 20 of the GDPR.

• SECURITY MEASURES
  NjMotion declares that it has applied and will continue to apply the security measures of a technical and organizational nature necessary to guarantee the security of personal data that is supplied to it to prevent its alteration, loss, treatment and / or unauthorized access, taking into account the current state of technology, the nature of the data stored and the risks to which they are exposed. NjMotion guarantees the confidentiality of all data provided by its customers both in the registration and in the process of purchase / order of products or services. The collection and processing of data is carried out safely and prevents its loss or manipulation. All data is inserted into a secure server (128-bit SSL) that encrypts / encodes it (it becomes a code). Your browser may be secure if the padlock symbol appears or if the address starts with https instead of http.

12. ALTERNATIVE DISPUTE RESOLUTION

For any litigation, the forum of the region of Badajoz, Spain is chosen, with express waiver of any other.