These General Terms and Conditions of Sale (hereinafter, "GTC") govern the contractual relationship between Whiplash Entertainment, SL (hereinafter, "the Seller"), with registered office in Barcelona, Spain, and any natural or legal person (hereinafter, "the Client") who purchases products or services offered by the Seller.
The placement of any order or the signing of a purchase contract implies full and unconditional acceptance of these GTC, with express waiver of any general conditions of the Client, unless there is a prior written agreement between the parties.
The subject matter of these GTC is the sale of virtual reality simulators, entertainment equipment and associated services (installation, maintenance, technical training) marketed by Whiplash Entertainment, SL under the brands Race Ultra W360, Pulsar 360° VR, Diabolo, VRSailing and Neural Ride X4, as well as any other product or service the Seller may offer in the future.
The contract is concluded when the Client signs the commercial proposal or purchase contract issued by the Seller, or when the Seller confirms acceptance of the order in writing. Any subsequent modification must be in writing and accepted by both parties.
Offers and quotations issued by the Seller shall be valid for 30 calendar days from their date of issue, unless expressly stated otherwise.
Prices stated in commercial proposals are expressed in euros (EUR) and do not include Value Added Tax (VAT) or other applicable taxes, unless expressly stated otherwise. Transport, installation and commissioning costs will be invoiced separately unless otherwise indicated in the proposal.
Standard payment terms are as follows:
Payment shall be made by bank transfer to the account indicated on the pro forma invoice. The Seller reserves the right to require additional guarantees or to modify payment terms based on the Client's credit profile.
Delivery times indicated in the commercial proposal are indicative and shall be calculated from receipt of the initial payment and confirmation of all technical specifications by the Client. The Seller shall not be liable for delays caused by force majeure, supply chain delays or circumstances beyond its control.
Delivery shall be deemed completed when the equipment is made available to the Client at the agreed location. The risk of loss or damage shall transfer to the Client upon delivery.
Where the contract includes installation services, the Client must ensure that the space intended for the equipment meets the minimum technical requirements specified by the Seller (dimensions, electrical supply, access, etc.). Failure to meet these requirements may generate additional costs that will be invoiced to the Client.
Commissioning includes initial system configuration and a basic training session for the personnel designated by the Client, unless otherwise agreed.
All products marketed by Whiplash Entertainment, SL include a 12-month warranty against manufacturing defects, counted from the delivery date, unless a different period is established in the individual contract. The warranty covers repair or replacement of defective components, at the Seller's discretion.
The warranty does not cover:
Given the personalised nature and industrial character of the equipment, Whiplash Entertainment, SL reserves the right of return, and may limit or condition it depending on the status of the manufacturing, configuration or delivery process at the time of the request, as well as the contractual conditions agreed between the parties. This reservation is based on Article 103 of Royal Legislative Decree 1/2007 (TRLGDCU), which allows restriction of the right of withdrawal for goods made to the buyer's specifications.
All intellectual and industrial property rights over the products, software, designs, trademarks and technical documentation belong to Whiplash Entertainment, SL or its licensors. The Client acquires no rights over such elements beyond the use of the purchased product for its intended purpose.
Reproduction, modification, distribution or commercial exploitation of any protected element is expressly prohibited without prior written authorisation from the Seller.
The Seller's liability is limited in all cases to the total amount paid by the Client under the corresponding contract. The Seller shall not be liable for indirect damages, loss of profit, data loss, loss of business or any other consequential damage, even if informed of the possibility of such damages.
Personal data provided by the Client will be processed by Whiplash Entertainment, SL in accordance with Regulation (EU) 2016/679 (GDPR) and applicable data protection legislation. For more information, please consult our Privacy Policy.
The Seller reserves the right to amend these GTC at any time. Amendments shall apply to contracts concluded after their publication. Contracts already in force shall be governed by the GTC in effect at the time of their conclusion.
These GTC are governed by Spanish law, in particular the Civil Code, the Commercial Code, Royal Legislative Decree 1/2007 (TRLGDCU) and Law 7/1998 on General Contracting Conditions.
For the resolution of any dispute arising from the interpretation or execution of these GTC, the parties expressly submit to the Courts and Tribunals of Barcelona, waiving any other jurisdiction that may apply.
Do you have any questions about these terms?
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