General Terms and Conditions of Service Provision

1. Pre-contractual Information

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 B42749473 and registered office at C/ dels Caponata, 8, local, 08034, Barcelona, registered in the Mercantile Registry of Barcelona.

CAFLER reserves the right to make any modifications it deems appropriate to these General Terms and Conditions of Contract and Use, of which Users will be informed prior to confirming their first purchase after any changes. Such modifications may be made in any legally permissible manner and will be binding as long as they remain published on the Website, until validly replaced by subsequent modifications. However, CAFLER reserves the right to apply, in certain cases, Specific Terms and Conditions, which will take precedence over these General Terms when deemed appropriate, and will be announced in due time and form.

These General Terms and Conditions govern the provision of information supplied on www.cafler.com, as well as commercial transactions arising between CAFLER and the User of the domain www.cafler.com. Contracting any of the services offered constitutes unconditional acceptance by the User of all these general terms and conditions.

Under no circumstances are these general terms of use optional; any person who does not accept them must refrain from using the Website and/or CAFLER services. These General Terms and Conditions do not create any partnership, agency, franchise, or employment relationship between CAFLER and the User.

2. Description of Services

The purpose of the Website is to offer the User a fast and simple method to contract services, including, among others, transporting the User’s vehicle from the pickup address provided in the corresponding form to the MOT Station chosen by CAFLER, using a certified professional driver. The User may request an invoice for the service after its completion by emailing contact@cafler.com with the service identification (email, date, license plate) and tax information. The invoice will be sent electronically to the email provided by the User. A paper invoice can also be sent free of charge via regular mail if requested in the email.

For clarification, the services described above are offered only for passenger vehicles, defined as automobiles (excluding motorcycles) designed and built for transporting people, with up to 9 seats including the driver.
CAFLER does not guarantee that the MOT inspection result will be satisfactory. Therefore, CAFLER assumes no warranty in this regard. This disclaimer does not affect the legal rights of the User against CAFLER-associated workshops if additional services are contracted with these workshops.

The User expressly declares that they know, understand, and accept the conditions of use and these general terms of service. The User also declares that they are of legal age and have the legal capacity to contract CAFLER services.

Users do not need to register on the Website to contract services with CAFLER. However, it is mandatory that the User provides a valid email address during the contracting process to receive notifications related to the service.

The User cannot contract a service without first accepting the General Terms of the services offered by CAFLER and the Website Privacy Policy.

Confirmation of the service order indicates that the User accepts its specifications and characteristics. The User is also bound by the sales conditions included in the service description, as long as these do not violate laws, the General Terms of Use, or other CAFLER policies.

3. Prices

The prices of CAFLER services are indicated on the Website in Euros and include Value Added Tax (VAT). If any other taxes or fees apply, they will be specified.
Service fees must be paid by the User at the time of contracting through the payment methods enabled on the Website, using a credit card via the Stripe platform.

During payment, if the User has a discount code, it must be entered to be applied.
CAFLER reserves the unilateral right to modify service prices at any time. To ensure price certainty and security for the customer, the applicable price will be the one displayed on the Website at the time of order confirmation.

4. General Service Conditions

4.1 Contracting the Service

The User will select a day and time for the MOT service when completing the questionnaire. Once contracted, a tracking number will be sent to follow the service status at https://tracking.cafler.com. The User may cancel the service through this website.

The User may cancel the service free of charge, with a refund of the service price and MOT fees, if cancellation is made before 18:00 on the day prior to the scheduled service.
If cancellation is made after 18:00 the day before the service, only MOT fees will be refunded.

In any case, cancellation must follow the steps indicated at https://tracking.cafler.com.

4.2 Pickup

A CAFLER professional driver will collect the vehicle at the location indicated by the User, with a 15-minute margin from the scheduled time.

The vehicle must have sufficient fuel to complete the service and cannot be on reserve. Otherwise, the User will be deemed to have canceled the service.
The vehicle must have valid insurance, registration, and technical inspection (ficha técnica). These documents must be handed to the CAFLER driver at pickup; otherwise, the User will be deemed to have canceled the service.

CAFLER is not responsible for valuables left inside the vehicle.
CAFLER is not responsible for electrical or mechanical failures during pickup or delivery; in such cases, the User assumes the cost of towing, whether to return the vehicle or move it to a workshop, at the User’s discretion.

The vehicle will be visually inspected by the CAFLER driver at pickup, with photographs taken of the front, rear, and sides, and any damage or issues will be recorded.
The User certifies that they are the sole legal owner of the vehicle or, if not, have authority over it, are of legal age, and have sufficient capacity to authorize CAFLER to provide the service and approve the necessary movements and actions to perform the contracted service.

4.3 Service Provision

Once collected, the vehicle will be driven by a CAFLER driver to a MOT station chosen by CAFLER for inspection.

Vehicles may be used by MOT personnel within the station as needed to perform the inspection.

4.4 Vehicle Delivery

If the inspection is unsatisfactory, CAFLER will contact the User, who may choose to have CAFLER take the vehicle to a CAFLER partner workshop or return it to the User.

If the User chooses a partner workshop, the workshop will evaluate the issue and send an estimate to CAFLER for validation. Once validated, it will be sent to the User for acceptance or rejection. If accepted, the workshop will repair the issue and CAFLER will take the vehicle for a new MOT inspection without additional cost.

If the User wants the vehicle returned directly after an unsatisfactory inspection, or rejects a partner workshop estimate, it is the User’s responsibility to repair the issues. If a second pickup is requested to return the vehicle to MOT without additional fees, it must be requested before the deadline for the second inspection.

After repair at a partner workshop, CAFLER will contact the User to schedule a new time for the MOT inspection.

If the vehicle fails the inspection and is deemed unfit for circulation, the User assumes the cost of towing to return the vehicle or move it to a workshop, at their discretion.

If the inspection is satisfactory, or the User chooses direct return after a failed inspection, the vehicle will be returned by a CAFLER driver to the same person at the pickup location within 2 hours.

Upon delivery, the CAFLER driver will visually inspect the vehicle again and take photos of the front, rear, and sides.

The User may request these photos to be sent to their email.

5. Guarantees and Claims

CAFLER does not guarantee satisfactory MOT inspection results and assumes no liability in this regard. This does not affect the User’s legal rights against CAFLER-associated workshops if additional services are contracted.
CAFLER is not responsible for electrical or mechanical failures during pickup or delivery.

Vehicles will be visually inspected at pickup and delivery, with photographs taken and any issues recorded.

CAFLER is responsible for traffic fines incurred during transport due to the driver’s actions. CAFLER is not responsible for other fines, e.g., driving with a burned-out bulb or expired MOT.

If issues arise after inspection that were not present at pickup, the User may require CAFLER to respond, and a report will be issued to CAFLER’s insurer.

Users acknowledge that CAFLER offers no warranty regarding services provided by partner workshops, without affecting their legal rights.

For issues with a partner workshop service, Users must contact the workshop directly.
CAFLER has liability insurance covering damage, theft, or destruction of vehicles in its custody, excluding objects inside vehicles, factory defects, faulty repairs, or hidden damages. CAFLER is not responsible for minor impacts or cracks that may appear due to temperature changes during transport.

6. Liability

AUTOCAFLER, S.L., its directors, partners, or agents assume no liability for losses or damages suffered by the User or third parties. Losses include direct, indirect, punitive, or consequential losses, lost profits, business losses, loss of data or contracts, business interruption, lost opportunities, anticipated savings, management time, or work hours.

This applies regardless of contractual or non-contractual liability related to CAFLER services, the Website, or its use, inability to use, or results obtained from it or linked websites.

CAFLER is fully responsible for the content of this Website according to the Website Terms of Use.

7. Intellectual and Industrial Property

All information, data, content, and materials on the CAFLER website, including but not limited to signs, trademarks, logos, graphics, images, prices, website design, layout, presentation and configuration of products/services, color 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 authorize its exploitation under the law.

The User of the CAFLER website may use its content exclusively and strictly in the manner necessary for private, personal, and non-commercial use. Any other use, reproduction, and/or exploitation of its content is expressly prohibited and constitutes a breach of contractual obligations with CAFLER under these terms and conditions, as well as a violation of applicable industrial and intellectual property laws and/or any other laws deemed infringed. If the visitor and/or User wishes to carry out any unauthorized or prohibited use, reproduction, or exploitation, they must first obtain express, written, and signed authorization from CAFLER.

Under no circumstances is the User authorized to use, reproduce, and/or exploit the CAFLER website or its content in any way other than expressly authorized. In this regard, the use of automated systems or software to obtain or extract data from the website for commercial purposes is strictly prohibited. The User is not authorized to use/exploit CAFLER signs, logos, or trademarks for commercial purposes, either directly or indirectly, including in metatags, URLs, links, titles, product, or service descriptions.

Likewise, it is strictly prohibited for the User to use reverse engineering, decompilation techniques, or any other method or means to use the CAFLER website and/or its contents in any manner other than expressly authorized 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 provided is accurate.

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 improper use of its website by the User, either for the information or the services contained therein.
In no event shall CAFLER, its branches and/or offices, directors and/or representatives, employees, or authorized personnel be liable for any damages, losses, claims, or expenses of any kind, whether directly or indirectly resulting from the use and/or dissemination of the website or information accessed or obtained through it, computer viruses, operational failures, service interruptions or transmission errors, or line failures when using the website, either via direct connection or link, constituting a legal notice to any User that such possibilities and events may occur.En ningún caso CAFLER, sus sucursales y/o centros de trabajo, sus directores y/o apoderados, empleados y, en general, el personal autorizado serán responsables de perjuicio alguno, pérdidas, reclamaciones o gastos de ningún tipo, tanto si proceden, directa o indirectamente, del uso y/o difusión de la web o de la información adquirida o accedida por o a través de ésta, o de sus virus informáticos, de fallos operativos o de interrupciones en el servicio o transmisión, o de fallos en la línea en el uso de la web, tanto por conexión directa como por vínculo u otro medio, constituyendo a todos los efectos legales un aviso a cualquier usuario de que estas posibilidades y eventos pueden ocurrir.

This website is the property of CAFLER. The intellectual and industrial property rights, and the rights of exploitation and reproduction of this website, its pages, screens, the information contained therein, its appearance and design, as well as hyperlinks established from it to other websites of any CAFLER subsidiary or affiliate, are the exclusive property of CAFLER, unless expressly stated otherwise. Any name, design, and/or logo, as well as any product or service offered and displayed on this website, are registered trademarks of CAFLER, its subsidiaries or affiliates, or third parties. Any misuse by persons other than the legitimate owner without their express and unequivocal consent may be prosecuted using all legal means available under Spanish and/or EU law.
Third-party intellectual property rights and trademarks are clearly indicated and must be respected by all visitors to this website. CAFLER is not responsible for any use the User may make of such rights, and the responsibility lies solely with the User.
Reproduction, transmission, modification, or removal of information, content, or warnings on this website without prior written authorization from CAFLER is prohibited. The CAFLER website may contain links to third-party websites; therefore, CAFLER cannot assume responsibility for content that may appear on such third-party websites.
Any act of reproduction, storage, transformation, distribution, or public communication, in whole or in part, must have the express consent of CAFLER.
The inclusion of commercial hyperlinks on websites other than CAFLER.com, providing access to our Website, is strictly prohibited without prior consent. The existence of hyperlinks on third-party websites shall not imply any commercial or business relationship with the website owner where the hyperlink is placed, nor shall it imply CAFLER’s endorsement of its content or services.

Failure by the User and/or visitor to comply with these terms and conditions entitles CAFLER to take any legal action deemed appropriate, both criminal and commercial, to halt illicit actions and claim damages for any harm caused.

8. Governing Law and Jurisdiction

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

For dispute resolution, the parties submit, at their choice, to the courts and tribunals of the User’s domicile, waiving any other jurisdiction.

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