General Terms and Conditions of Sale
These general terms and conditions of sale (the "General Conditions") govern every purchase made by a natural person (the "CUSTOMER") on the website https://quadjunior.com (the "WEBSITE") from Ana González Hernández, holder of Spanish identity document (DNI) 71442560Y, trading under the business name QuadJunior, with address at calle Zagan 1, 28694 Chapinería (Madrid), Spain, email info@quadjunior.com (the "SELLER").
The domain names pequequads.com, atvforkids.eu and quadsparaniños.com redirect to the WEBSITE and are operated by the same SELLER. These General Conditions apply equally to orders placed through any of them.
Important: placing an order on the WEBSITE necessarily implies the CUSTOMER's unreserved acceptance of these General Conditions.
1. Definitions
In these General Conditions, the following terms have the meanings set out below:
- CUSTOMER: the SELLER's contracting party, who warrants that they act as a consumer, that is, outside the scope of any trade, business, craft or profession.
- DELIVERY: the first delivery of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated in the order.
- PRODUCTS: the battery-powered electric vehicles for children offered on the WEBSITE, namely quads, buggies, 4x4 off-road vehicles and cross motorbikes, together with any related items shown on the WEBSITE.
- TERRITORY: Spain, Portugal, France, Italy, Germany and Belgium. The SELLER sells to consumers resident in these countries only.
2. Purpose and scope
These General Conditions govern the sale of the PRODUCTS by the SELLER to the CUSTOMER. The CUSTOMER is clearly informed, and acknowledges, that the WEBSITE is aimed at consumers. Businesses and professionals wishing to purchase should contact the SELLER by email in order to agree specific contractual terms.
If the CUSTOMER does not accept these General Conditions, they should refrain from placing an order on the WEBSITE.
3. Acceptance of the General Conditions
The CUSTOMER undertakes to read these General Conditions carefully and accepts them before paying for an order. The General Conditions are permanently accessible from the WEBSITE, and the CUSTOMER is invited to read, download, print and keep a copy of them.
Each order is governed by the version of the General Conditions in force at the time it is placed, so the SELLER recommends that the CUSTOMER read them again whenever a new order is made. By ticking the acceptance box and confirming the order, the CUSTOMER acknowledges having read, understood and accepted these General Conditions without limitation or reservation.
4. Capacity to order
In order to purchase any PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity to enter into a contract. The PRODUCTS are intended for use by children, but the contract of sale is concluded exclusively with an adult, who assumes responsibility for the choice of PRODUCT and for its subsequent supervision.
The information provided by the CUSTOMER when placing an order must be complete, accurate and up to date, in particular the delivery address, telephone number and email address. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity and the information supplied. The SELLER is not liable for delivery problems caused by incorrect or incomplete details given by the CUSTOMER.
5. Products and their characteristics
The SELLER makes every effort to describe the main characteristics of each PRODUCT as clearly as possible on the corresponding product page. The CUSTOMER is asked to read this information carefully before ordering.
The CUSTOMER is informed that minor variations may occur between batches of the same PRODUCT, in particular in the exact shade of a colour or in certain non-essential components, depending on the manufacturer supplying the item. Such variations do not affect the intended use or performance of the PRODUCT.
The SELLER may change the range of PRODUCTS offered on the WEBSITE at any time, in particular in the light of stock availability. Unless expressly stated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation and safety standards applicable to them.
6. Orders and formation of the contract
6.1 Selecting the products
The CUSTOMER selects the PRODUCT or PRODUCTS of their choice, together with the available options and quantities, and adds them to the shopping basket. Further PRODUCTS may then be added as required.
6.2 Placing the order
Once the basket is complete, the CUSTOMER proceeds to the checkout, where they are asked to identify themselves and to provide the billing and delivery details. A summary is then displayed showing the PRODUCTS ordered, the price including VAT and the delivery charges applicable to the selected delivery country. The CUSTOMER is invited to check this summary carefully and to correct any input errors before confirming.
By confirming the order, the CUSTOMER accepts an obligation to pay. The contract is formed when the SELLER acknowledges receipt of the order.
6.3 Acknowledgement of receipt and invoice
After the order has been confirmed, an acknowledgement is displayed on the WEBSITE and a copy is sent automatically to the email address given by the CUSTOMER, provided that address is correct. The acknowledgement summarises the essential elements of the contract and constitutes confirmation of the contract on a durable medium.
Neither the online order summary nor the acknowledgement of receipt constitutes an invoice. The CUSTOMER receives the invoice for the PRODUCTS in connection with the DELIVERY. The date of the order is the date on which the SELLER acknowledges its receipt.
7. Prices and VAT
The prices shown on the WEBSITE are expressed in euros and include the VAT applicable to the sale. Delivery charges are not included in the product price: they are calculated automatically in the basket according to the delivery country and the weight of the order, and are shown separately before the CUSTOMER confirms and pays.
The total amount payable, comprising the price of the PRODUCTS, taxes and delivery charges, is displayed in the order summary before confirmation. The SELLER may change its prices at any time, but the price applicable to an order is the price displayed on the WEBSITE at the moment the order is placed.
8. Payment
Payment is made at the time the order is placed, using the payment methods offered during the checkout process. No payment method other than those displayed at checkout is accepted.
Payment data is processed through the secure systems of the relevant payment providers. The SELLER may suspend or cancel an order where payment is refused by the issuing institution, where the payment data appears to be irregular, or where there is a reasonable indication of fraud. The PRODUCTS remain the property of the SELLER until payment has been received in full.
9. Shipping and delivery
The SELLER delivers to addresses located in the TERRITORY. Orders are dispatched by carrier with tracking, and the CUSTOMER receives the tracking details so that the progress of the shipment can be followed.
Given the size and weight of the PRODUCTS, the CUSTOMER must provide a complete delivery address, including any access codes or instructions needed, and must ensure that someone is able to receive the shipment. Risk of loss or damage to the PRODUCTS passes to the CUSTOMER when the CUSTOMER, or a third party designated by them other than the carrier, takes physical possession of the goods.
On receipt, the CUSTOMER is advised to examine the packaging and the PRODUCT in the presence of the carrier and to record any visible damage or missing items on the delivery note, and to inform the SELLER by email as soon as possible. This recommendation does not affect the CUSTOMER's legal rights.
If the SELLER is unable to supply an ordered PRODUCT, the CUSTOMER is informed and may be offered an equivalent alternative or a refund of the sums paid for that PRODUCT.
10. Right of withdrawal
The CUSTOMER has the right to withdraw from the contract, without giving any reason, within 14 calendar days from the day on which the CUSTOMER, or a third party designated by them other than the carrier, acquires physical possession of the PRODUCTS. Where an order comprises several items delivered separately, the period runs from receipt of the last item.
To exercise this right, the CUSTOMER must inform the SELLER of the decision to withdraw by an unequivocal statement sent to info@quadjunior.com, or by using the model withdrawal form made available on the WEBSITE. It is sufficient that the communication is sent before the withdrawal period expires.
The PRODUCTS must be returned without undue delay and in any event within 14 calendar days of the withdrawal being communicated, complete with all accessories, documentation and, where possible, the original packaging, which is designed to protect these bulky items in transit. The CUSTOMER may handle and inspect the PRODUCT as they would in a shop, but is liable for any diminished value resulting from handling that goes beyond what is necessary to establish its nature, characteristics and functioning.
Where the PRODUCT is in conformity, the CUSTOMER bears the direct cost of returning it. The CUSTOMER is advised to ask the SELLER for return instructions before sending the goods back, since these are heavy items. Where the return follows a lack of conformity, the return is at the SELLER's expense.
The SELLER will reimburse all sums received from the CUSTOMER, including the cost of standard outbound delivery, without undue delay and in any event within 14 calendar days of being informed of the withdrawal. The reimbursement is made using the same means of payment used for the original transaction, unless the CUSTOMER expressly agrees otherwise, and no fee is charged for it. The SELLER may withhold the reimbursement until the PRODUCTS have been received, or until the CUSTOMER supplies evidence of having sent them back, whichever is the earlier.
11. Legal guarantee of conformity
The SELLER is liable to the CUSTOMER for any lack of conformity of the PRODUCTS existing at the time of delivery.
- Deliveries in Spain: three years from delivery, in accordance with Spanish consumer legislation.
- Deliveries in Portugal, France, Italy, Germany and Belgium: two years from delivery, in accordance with the harmonised European minimum, without prejudice to any longer period granted by the law of the CUSTOMER's country of residence.
Where a lack of conformity appears, the CUSTOMER is entitled to have the PRODUCT brought into conformity by repair or replacement, free of charge and within a reasonable time. If repair or replacement is impossible, disproportionate, not carried out within a reasonable time, or causes significant inconvenience to the CUSTOMER, the CUSTOMER may obtain a proportionate reduction of the price or terminate the contract, except where the lack of conformity is minor.
For deliveries in Spain, any lack of conformity that becomes apparent within two years of delivery is presumed to have existed at the time of delivery, unless proved otherwise or unless that presumption is incompatible with the nature of the goods or of the defect. In the other countries of the TERRITORY, that presumption applies for at least the first year after delivery, or for a longer period where national law so provides.
To make a claim under the legal guarantee, the CUSTOMER should contact the SELLER at info@quadjunior.com, describing the problem and attaching the order reference and, where helpful, photographs or a short video. The legal guarantee does not cover damage resulting from misuse, from use contrary to the instructions supplied with the PRODUCT, from accidents, from unauthorised modification or repair, or from normal wear and tear.
12. Safe use of the products and adult supervision
The PRODUCTS are battery-powered ride-on vehicles for children and are not toys to be used unattended. The CUSTOMER acknowledges and accepts the following conditions of use, which are essential to the safety of the child:
- The PRODUCTS must be used exclusively under the continuous supervision of an adult.
- The PRODUCTS must be used on private property or in enclosed private areas. They are not approved for use on public roads, pavements, cycle lanes or any other space open to general traffic.
- The PRODUCT must be used by a child within the age and weight range indicated for that model, on suitable terrain, away from water, slopes, steps, swimming pools and traffic.
- The assembly, charging and maintenance instructions supplied with the PRODUCT, and in particular those relating to the battery and charger, must be followed carefully. Batteries must be charged under adult supervision.
- The use of appropriate protective equipment, such as a helmet, is strongly recommended.
The CUSTOMER is responsible for ensuring that these conditions of use are observed and for checking any additional local rules applicable in their country or municipality regarding the use of such vehicles.
13. Customer service
For any question relating to a PRODUCT, an order, a delivery, a withdrawal or a guarantee claim, the CUSTOMER may contact the SELLER by email at info@quadjunior.com or by post at calle Zagan 1, 28694 Chapinería (Madrid), Spain. The SELLER undertakes to respond to enquiries and complaints without undue delay.
14. Personal data
The personal data provided by the CUSTOMER is processed by the SELLER in order to manage the order, the delivery, the invoicing and any after-sales service, in accordance with the General Data Protection Regulation and the applicable national legislation. The CUSTOMER may exercise their rights of access, rectification, erasure, restriction, objection and portability by writing to info@quadjunior.com, and may lodge a complaint with the Spanish Data Protection Agency at https://www.aepd.es. Full details are set out in the privacy policy published on the WEBSITE.
15. Force majeure
The SELLER is not liable for any failure to perform its obligations where that failure is caused by an event beyond its reasonable control, such as natural disasters, strikes affecting transport, interruptions to energy or telecommunications networks or decisions of the public authorities. The SELLER will inform the CUSTOMER of any such event and of its effect on the order.
16. Miscellaneous
If any provision of these General Conditions is held to be invalid or unenforceable, the remaining provisions remain in full force and effect. The fact that the SELLER does not enforce a given provision at a particular time does not amount to a waiver of that provision.
17. Governing law, jurisdiction and online dispute resolution
These General Conditions and the contracts concluded under them are governed by Spanish law. This choice of law does not deprive the CUSTOMER of the protection afforded by the mandatory provisions of the law of their country of habitual residence.
Any dispute arising from the interpretation or performance of these General Conditions may be brought before the courts of the place of the CUSTOMER's domicile.
The CUSTOMER is also informed that, in accordance with European law, disputes relating to online purchases may be submitted to the European Online Dispute Resolution platform, accessible at https://ec.europa.eu/consumers/odr. Before doing so, the CUSTOMER is invited to contact the SELLER at info@quadjunior.com so that an amicable solution may be sought.