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Personal Data Protection Policy

Please read this Privacy Policy carefully, as it governs the processing of personal data carried out by TUNING AUTONEWART, SL.

You are hereby informed of, and expressly consent to, the processing of the personal data you have provided for the purposes described in the section “For what purposes do we process your personal data?”, in accordance with this Privacy Policy. If you do not accept the terms of this Policy, you must refrain from using the services provided by TUNING AUTONEWART, SL.

You shall be responsible, in all cases, for the accuracy and truthfulness of the data provided. TUNING AUTONEWART reserves the right to exclude from its registered services any user who has provided false data, without prejudice to any other legal actions that may apply.

If you provide personal data belonging to third parties, you declare that you are duly authorized to do so and that you have expressly informed such data subjects of the rights and obligations set out herein, guaranteeing the accuracy, validity, updating and authenticity of such data.

In this regard, TUNING AUTONEWART expressly states that it fully complies with Law 34/2002 on Information Society Services and Electronic Commerce and with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), and that it has adopted, or will adopt, all necessary technical and organizational security measures required by current legislation to ensure the highest level of security and confidentiality of communications.

Likewise, TUNING AUTONEWART expressly prohibits minors under the age of eighteen from providing personal data without the prior consent of their parents or legal guardians.

If you are under eighteen years of age and do not have such consent, you must not provide personal data to TUNING AUTONEWART nor use its services.

Data Protection Information

Who is responsible for processing your personal data?

The information and/or personal data you provide to us, including geolocation data where applicable, will be processed under the responsibility of:

• Company name: TUNING AUTONEWART, SL

• Tax ID (CIF): B93585362

• Registered address: Calle Mercurio 22, 29603 Marbella, Málaga, Spain

• Email: autonewartmarbella@gmail.com

For what purposes do we process your personal data?

In accordance with Regulation (EU) 2016/679 (GDPR), Organic Law 3/2018 of 5 December on Personal Data Protection and Guarantee of Digital Rights, and any other applicable national legislation, TUNING AUTONEWART will process the personal data voluntarily provided by you for the following purposes:

a) To manage the contracting of services and the purchase of products from TUNING AUTONEWART, as well as the provision and/or supply thereof, including digital services through mobile devices.
b) To prevent fraud in online purchases made through the different payment methods accepted on our website and to process payment transactions.
c) To handle and manage enquiries, requests and complaints submitted through contact forms or other enabled channels, and to contact you by telephone, electronic means or SMS if necessary.
d) To carry out quality controls on our products and services, including satisfaction surveys via electronic means (email, SMS, etc.) and/or by telephone.
e) To conduct studies on the use of our services and/or products, as well as statistical analysis thereof.
f) To carry out commercial actions in general, and in particular to offer and/or recommend products and services of TUNING AUTONEWART that may be of interest to you, via electronic, postal and/or telephone means.
g) To send newsletters and informational communications, subject to your prior subscription, via email and/or content syndication (RSS).

Please note that franchised centers affiliated with the TUNING AUTONEWART network are independent entities and do not form part of the TUNING AUTONEWART Group. Such centers may collect additional personal data and may have their own privacy policies governing the use of that information.

How long will we retain your personal data?

Your personal data will be retained for as long as necessary to fulfil the purpose for which it was collected. If your data is used for several purposes requiring different retention periods, the longest applicable retention period will be applied.

Access to your data is limited strictly to those persons who need it for the performance of their duties.

Once personal data is no longer necessary for business or legal purposes, access will be restricted through data blocking in compliance with legal obligations, or the data will be securely deleted.

What is the legal basis for processing your data?

Your personal data will be processed lawfully on the basis of:

• The performance of a contract for the provision of services requested by the customer.

• The purposes described in the section “For what purposes do we process your personal data?”.

• Compliance with legal obligations applicable to TUNING AUTONEWART.

• Legitimate interest, where applicable.

To whom will your data be disclosed?

By accepting this Privacy Policy, you authorize TUNING AUTONEWART to disclose your data to:

• Competent national or international authorities, including courts, regulatory and supervisory bodies, and law enforcement agencies.

• Entities collaborating in the provision of services and products requested, contracted and/or acquired by the customer, including companies owning franchised centers affiliated with the TUNING AUTONEWART network and financial institutions.

What rights do you have regarding your personal data?

As the data subject, and in accordance with applicable regulations, you have the right to:

• Confirm whether TUNING AUTONEWART processes personal data concerning you, access such data and obtain information about its processing (right of access).

• Request the correction of inaccurate data (right to rectification).

• Request the deletion of your data when, among other reasons, it is no longer necessary for the purposes for which it was collected (right to erasure).

• Request the restriction of the processing of your data, in which case it may only be processed with your consent or for the establishment, exercise or defense of legal claims, or for reasons of important public interest (right to restriction).

• Object to the processing of your data, in which case TUNING AUTONEWART will cease processing it except for the defense of legal claims (right to object).

• Receive your personal data in a structured, commonly used and machine-readable format, or request its direct transfer to another controller where technically feasible (right to data portability).

• Withdraw any consent previously granted, without affecting the lawfulness of processing based on consent prior to its withdrawal (right to withdraw consent).

You may exercise these rights by sending a written request to the Data Protection Controller, whose contact details are provided in the section “Who is responsible for processing your personal data?”.

You may also contact our Data Protection Officer for any clarification related to the processing of your personal data via autonewartmarbella@gmail.com and/or through the web form: https://www.autonewart.eu/contacts

If you are not satisfied with the response provided by TUNING AUTONEWART when exercising your rights, you may file a complaint with the Spanish Data Protection Agency (www.aepd.es) or with any other competent data protection authority within the European Union.

1. Sales method

New Spare parts are sold:

• directly in-store,

• by phone,

• via social media (Instagram, messaging), with subsequent confirmation and payment.

Payment and delivery take place at the premises or as agreed.
These transactions are considered in-store sales, even if prior contact was remote.

2. New spare parts

A new spare part is defined as a product that:

• has not been previously used,

• complies with manufacturer specifications,

• is identified by part number and/or serial number (if applicable).

3. Purchase documentation

Upon purchase, the customer receives a proof of purchase (invoice or receipt) including:

• part description and reference,

• date of sale,

• price,

• seller’s details.

This document is required for any warranty claim.

4. Compatibility and part selection

To ensure correct compatibility, the customer must provide full vehicle details (VIN, model, year, engine).

• If the part is selected based on provided data, compatibility responsibility lies with the seller.

• If the customer selects a part independently or insists on a specific reference without VIN verification, responsibility is limited to correct supply of the requested item.

5. Returns

As these are in-store sales, the 14-day right of withdrawal does not apply.

Returns are accepted only in cases of:

• manufacturing defect,

• non-conformity with the order.

Returns are not accepted if:

• packaging is damaged,

• the part shows signs of installation or handling,

• the item was specially ordered for the customer,

• the item is electrical or electronic (see section 8).

6. Special and custom orders

Spare parts that are:

• ordered specifically for a customer,

• customized, exclusive or non-stock items,

are non-returnable,
except in cases of proven manufacturing defects or supply errors.

Returns due to change of mind or customer selection errors are not accepted.

7. Legal warranty – Consumers (B2C)

New spare parts sold to consumers are covered by a 3-year legal warranty from the date of sale, in accordance with Spanish law.

The warranty covers:

• manufacturing defects,

• lack of conformity.

During the first 2 years, defects are presumed to have existed at the time of delivery unless proven otherwise.

8. Electrical and electronic parts

Electrical and electronic parts include, but are not limited to:

• ECUs,

• electronic modules,

• sensors,

• relays,

• control and safety system components.

Special conditions:

• returns are not accepted unless a verified manufacturing defect exists;

• no returns after installation or attempted installation;

• any signs of connection, coding or manipulation void return rights.

These conditions follow official manufacturer and supplier policies (including Mercedes-Benz).

An official diagnostic report may be required for warranty claims.

9. Installation

• Parts installed in our workshop are registered, facilitating warranty processing.

• Parts installed by third parties require:

  • work order,

  • confirmation of correct installation,

  • diagnostic report.

10. Warranty claim procedure

To submit a claim, the following is required:

1. proof of purchase,

2. vehicle details (VIN),

3. fault description,

4. available diagnostics.

The part may be sent for technical inspection to the supplier or manufacturer.
Resolution will follow applicable law.

11. B2B conditions (professional clients)

Sales to companies, workshops and professionals are conducted under commercial terms.

For B2B customers:

• consumer warranty rules do not apply,

• warranty and returns are governed by contract and manufacturer policy,

• no returns without defect unless agreed in writing.

Seller liability is limited to the value of the supplied part.

12. Final provisions

• These terms are governed by Spanish law.

• Conditions may vary depending on the product.

• The current version is available on the website and in-store.

1. Nature of the product

Used spare parts come from previously operated vehicles and show wear consistent with their age and mileage, which the buyer fully acknowledges and accepts.

Sales are conducted in-store, by phone or via social media, with in-person delivery or as agreed.

2. Prices and scope

Prices apply only to the spare part and do not include installation, labor, diagnostics or technical support.

VAT applies according to law. Ownership transfers only after full payment.

3. Compatibility

The buyer is responsible for providing correct vehicle data.

Incorrect selection by the customer does not entitle to return unless a manufacturing defect exists.

4. Warranty periods (strict)

Consumers (B2C):

• Electrical / electronic parts: 1 MONTH
• Engines: 3 MONTHS
• Gearboxes: 3 MONTHS
• Other used mechanical parts: 6 MONTH

Professionals (B2B):

• Maximum warranty: 3 MONTH

Consumer protection laws do not apply.

5. Warranty coverage

Warranty covers only the correct operation of the used part.

Seller may choose replacement or refund of the part value.

6. Exclusions

Warranty does not cover:

• labor or installation costs,
• diagnostics or programming,
• vehicle downtime or indirect losses,
• incorrect installation or misuse.

7. Electrical parts

Used electrical parts:

• have 1-month warranty,
• are non-returnable once installed,
• any manipulation voids warranty.

8. Liability limitation

Seller liability is strictly limited to the invoiced value of the used part.

Applicable law

Spanish law applies.
Purchase implies full acceptance of these terms.

ADDENDUM TO THE USED VEHICLE SALE AGREEMENT

LIMITED COMMERCIAL WARRANTY

 

1. WARRANTY CONDITIONS

1.1. Scope and duration of the warranty

The Seller grants the Buyer a limited commercial warranty, the duration of which depends on the vehicle’s mileage at the time of delivery, under the following terms:

1. a) Vehicles with up to 100,000 km at the time of delivery:

The warranty shall be valid for 1 YEAR or 15,000 km driven, whichever occurs first.

1. b) Vehicles with more than 100,000 km at the time of delivery:

The warranty shall be valid for 1 YEAR or 10,000 km driven, whichever occurs first.

The warranty exclusively covers the following components:

– Engine

– Gearbox / Transmission

– Essential electrical system (starting, charging, and basic electrical management)

The warranty becomes effective on the date of vehicle delivery and shall automatically expire upon reaching any of the stated limits (time or mileage).

The vehicle mileage at the time of delivery is stated in the sale agreement and has been verified and expressly accepted by the Buyer.

1.2. The warranty DOES NOT cover

The following items are expressly excluded from warranty coverage:

Wear parts and consumables, including but not limited to:

oils and fluids, filters, spark plugs, glow plugs, timing belts and chains, clutch, brakes (pads and discs), shock absorbers, tyres, battery, and any component subject to natural wear and tear.

Failures caused by:

– overheating,

– lack of maintenance,

– improper use of the vehicle,

– failure to comply with the manufacturer’s recommendations.

Damage resulting from:

– accidents,

– impacts,

– flooding,

– modifications,

– improper handling,

– unauthorized interventions or repairs.

 

2. SERVICE AND REPAIR CONDITIONS

2.1. Authorized workshop

All warranty claims must be carried out exclusively at the workshop designated by the Seller or at a service center expressly authorized in writing by the Seller.

2.2. Repairs at unauthorized workshops

Any diagnostics, dismantling, repairs or replacement of parts carried out at third-party workshops without prior written authorization from the Seller

AUTOMATICALLY AND WITHOUT EXCEPTION VOID THE WARRANTY.

2.3. Prohibition of repairs at the Buyer’s initiative

The Buyer is not authorized to order repairs, diagnostics or interventions independently and subsequently claim reimbursement from the Seller.

Under no circumstances will the following be reimbursed:

– labor costs,

– diagnostics,

– spare parts,

– transportation,

– towing,

– replacement vehicle rental,

– or any other direct or indirect expense.

2.4. Vehicle maintenance

The Buyer undertakes to:

perform vehicle maintenance in accordance with the manufacturer’s specifications,

retain invoices and proof of maintenance services.

Failure to perform proper maintenance voids the warranty.

 

3. RETURNS AND CONTRACT TERMINATION

3.1. No vehicle return

This warranty DOES NOT include:

return of the vehicle,

replacement of the vehicle,

full or partial refund of the purchase price.

 

The warranty is limited, where applicable, exclusively to the repair of the covered component, at the Seller’s discretion.

3.2. Waiver of the right of withdrawal

As this is an in-person sale of a used vehicle, the Buyer expressly waives the right of withdrawal.

 

4. LIMITATIONS OF LIABILITY

4.1. Excluded damages

The Seller shall not be liable for:

– indirect or consequential damages,

– loss of profit,

– loss of use of the vehicle,

– economic losses resulting from a breakdown.

The Seller shall also not be liable for failures caused by the use of:

– incorrect fuel,

– unsuitable oils or technical fluids,

– non-original or low-quality spare parts.

4.2. Maximum liability limit

The Seller’s liability shall, in any event, be limited to the cost of repairing the covered component, without exceeding the value of such component.

 

5. ACCEPTANCE OF THE VEHICLE’S CONDITION

The Buyer expressly declares that:

– the vehicle has been inspected prior to purchase,

– the general condition of the vehicle is known and accepted,

– wear consistent with the vehicle’s age and mileage is accepted.

Defects resulting from the normal use of a used vehicle shall not be considered covered defects.

 

6. LEGAL BASIS AND JURISDICTION

6.1. Applicable law

This addendum is governed by Spanish law, in particular Royal Legislative Decree 1/2007, insofar as it applies to commercial warranties.

6.2. Jurisdiction

The parties agree to submit any dispute to the Courts and Tribunals of the Seller’s domicile, expressly waiving any other jurisdiction that may apply.

 

7. EXPRESS ACCEPTANCE

The signing of this document implies the full, express and unconditional acceptance of all the terms and conditions set forth herein.