Terms of service

1. Identification of the provider and scope of application

These Terms of Service (hereinafter, the "ToS") govern the contracting and purchase of products and services offered through the website https://simufy.com (hereinafter, the "Website"), owned by SAPRO TRADING, S.L. (hereinafter, "SIMUFY"), with Tax ID (NIF) B67553040 and registered office at Ctra. BV-2131 Km. 7,2, 08787 Orpí, Barcelona, Spain, registered in the Barcelona Commercial Registry (volume 47166, folio 110, sheet 543317).

These ToS are issued in compliance with Law 34/2002, the Spanish Information Society Services Act (LSSI-CE), the Consolidated Text of the General Law for the Protection of Consumers and Users, the Spanish Consumer Protection Act (TRLGDCU), and all other regulations applicable to electronic contracting.

The purchase of any product or service through the Website implies the express and unreserved acceptance of these ToS and of the other policies of the Website (Legal Notice, Privacy Policy, Cookie Policy, Shipping and Delivery Policy, Returns and Refund Policy) and, for Professional Users, of the B2B General Terms and Conditions of Sale.

2. Purpose

The Website makes available to the User the marketing, distribution and associated technical services of hardware, software and solutions for sports simulation, professional engineering simulation, interactive entertainment, and related products and accessories.

The essential characteristics of each product are described on its corresponding product page on the Website.

3. Definition of User and personal scope

For the purposes of these ToS:

• Consumer User: a natural person acting for purposes outside their trade, business, craft or profession, as well as a legal person or entity without legal personality acting on a non-profit basis in a field outside any commercial or business activity, in accordance with art. 3 TRLGDCU.
• Professional User: a natural or legal person contracting within the framework of their business or professional activity.
• User: generically, either of the two preceding categories.

Classification of the purchase. A purchase is presumed to be professional where the User (a) registers or purchases as a professional customer, (b) provides a company or professional Tax ID (NIF/CIF) or intra-Community VAT number, or (c) requests, before or after the purchase, that the invoice be issued in the name of a company or professional. The issuance of the invoice in the name of a company or professional constitutes the User's declaration that the products are being acquired for their business activity. If the User acquires the products as a consumer, the User must request the invoice in their own name as a private individual.

The User declares that they are of legal age (18 years) and have sufficient legal capacity to enter into contracts.

4. Pre-contractual information (art. 97 TRLGDCU)

In compliance with art. 97 TRLGDCU, SIMUFY provides the User, before the User is bound by any distance contract, with the following:

• The main characteristics of the products: on each product page of the Website.
• The identity of the provider and its contact details: in accordance with Section 1.
• The total price of the product, including taxes and additional charges, displayed before confirmation.
• The arrangements for payment, delivery and performance of the contract: in accordance with Sections 6 and 7 and the Shipping and Delivery Policy.
• The Consumer User's right of withdrawal, its conditions, time limit and procedure: in accordance with the Returns and Refund Policy and Annex 1.
• The Consumer User's legal guarantee of conformity (3 years for new products, 1 year for refurbished products): in accordance with the Returns and Refund Policy. Purchases by Professional Users are governed by the B2B General Terms and Conditions of Sale.
• Where applicable, the existence of manufacturers' commercial guarantees and their conditions.
• The procedure for handling complaints and claims and access to out-of-court dispute resolution: in accordance with Section 16.
• The language of the contract: Spanish.

5. Contracting process (arts. 27 and 28 LSSI)

5.1 Steps of the contracting process

• Selection of the product and addition to the shopping cart.
• Completion of shipping and billing details.
• Selection of the payment method and shipping option.
• Review of the order and express acceptance of the ToS, the Privacy Policy and, where applicable, the specific checkbox for pre-orders or reduced guarantee.
• Confirmation and processing of payment.
• Receipt of the order confirmation email.

5.2 Filing of the contract and correction of errors

The electronic contract document will be filed by SIMUFY, and the User may request a copy by sending a request to info@simufy.com. The User may identify and correct errors before the final confirmation of the order.

5.3 User account

The User may create an account on the Website or complete the purchase as a guest. The User is responsible for the safekeeping and confidentiality of their access credentials and must immediately notify SIMUFY of any misuse at info@simufy.com.

The User may request the deletion of their account at any time by sending a request to privacidad@simufy.com or through their user dashboard.

6. Prices and payment methods

6.1 Prices

Prices are stated in euros and include the applicable VAT when the User accesses the Website from mainland Spain or from any other territory of the European Union. For Users outside the EU, the Canary Islands, Ceuta or Melilla, prices will be displayed exclusive of VAT, and the User will be responsible for any customs duties and taxes applicable at the destination. For Professional Users, the presentation of prices and the applicable tax regime are governed by the B2B General Terms and Conditions of Sale.

Price reductions and offers. In accordance with art. 20 of the Spanish Retail Trade Act (Ley de Ordenación del Comercio Minorista) in force, in any announcement of a price reduction SIMUFY will indicate the lowest prior price applied during the 30 days preceding the reduction.

6.2 Currency and exchange rate

All SIMUFY transactions are carried out and recorded in euros (EUR).

Where the User makes a payment in a currency other than the euro, the amount received will be converted into euros at the exchange rate applicable on the date on which the payment is actually processed or received, in accordance with the terms of the relevant payment provider or financial institution.

In the event of cancellation, full or partial return or any other refund made at a later date, SIMUFY will process the corresponding amount in euros. Where the User receives such refund in a currency other than the euro, the conversion will be made at the exchange rate applicable on the date on which the refund is processed.

Due to exchange rate fluctuations between the payment date and the refund date, the amount ultimately received by the User in their local currency may be higher or lower than the amount originally paid in that currency. Such differences arising from exchange rate fluctuations do not imply that SIMUFY has applied any deduction or surcharge to the amount refunded in euros.

6.3 Pricing errors

In the exceptional event that a manifestly incorrect price is displayed, SIMUFY reserves the right to cancel the affected order, informing the User and refunding the full amount paid.

6.4 Payment methods

• Bank card (Visa, MasterCard, American Express) through Shopify Payments or Stripe.
• PayPal.
• Bank transfer.
• Deferred payment through Klarna or Aplazame, where the User meets the requirements of each provider.

Payment will be deemed made at the time it is actually received by SIMUFY. Products will not be reserved in stock until that time. SIMUFY does not store full bank details.

6.5 Deferred payment with Klarna

Deferred payment through Klarna Bank AB (publ) is offered under the terms in force displayed at checkout. The financing agreement is entered into directly between the User and Klarna; SIMUFY acts merely as a commercial intermediary.

6.6 Deferred payment with Aplazame

Deferred payment through Aplazame, S.L. is offered under the terms in force. The financial terms (nominal interest rate (TIN), APR (TAE), fees) will be shown to the User before the payment is completed. The financing agreement is entered into directly between the User and Aplazame; SIMUFY acts merely as a commercial intermediary.

6.7 Electronic invoicing

SIMUFY will issue an electronic invoice in PDF format sent to the User's email address. The User may request a paper invoice or an invoice in structured format (Facturae) by sending a request to info@simufy.com. For Professional Users subject to Law 18/2022, SIMUFY will adapt to the structured electronic invoicing obligations as the implementing regulations enter into force.

7. Availability, reservations and pre-orders

• Products are subject to availability. In the event of supervening unavailability, SIMUFY will inform the User and will make a full refund or, with the User's express acceptance, offer an alternative.
• Pre-order: products offered on a pre-order basis are governed by the specific conditions set out in the Shipping and Delivery Policy, in particular with regard to the estimated delivery date and the express agreement under art. 109.1 TRLGDCU.
• PC Custom: custom-configured products (PC Custom) are subject to specific conditions regarding preparation time and availability, as detailed in the Shipping and Delivery Policy.
• Offers will be valid for the period indicated on the Website, and orders will not be processed under expired offers.
• SIMUFY reserves the right to restrict sales to certain geographical regions or to limit the quantities of any product for operational, logistical or customs reasons or due to international sanctions.

8. Shipping and delivery

Shipping conditions, delivery times, applicable taxes, transfer of risk and the specific regime for pre-orders are governed by the Shipping and Delivery Policy, available on the Website, which forms an integral part of these ToS.

9. Right of withdrawal and legal guarantee

The Consumer User's right of withdrawal, its consequences, the deduction for depreciation (art. 108.2 TRLGDCU) and the legal guarantee of conformity are governed by the Returns and Refund Policy, available on the Website, which forms an integral part of these ToS.

Reminder of the legal guarantee. The Consumer User is expressly reminded that, in accordance with art. 114 et seq. TRLGDCU, they are entitled to a legal guarantee of conformity of the product vis-à-vis SIMUFY, independent of any commercial guarantee that the manufacturer may offer.

9 bis. Purchases by Professional Users

Purchases made by Professional Users are governed by SIMUFY's B2B General Terms and Conditions of Sale, published on the Website, which prevail over these ToS in the matters they regulate. The consumer right of withdrawal, the consumer legal guarantee of conformity and the other rights that the TRLGDCU grants exclusively to consumers do not apply to such purchases.

10. Economic operator in the European Union

For the purposes of Regulation (EU) 2019/1020, SAPRO TRADING, S.L. acts, in respect of certain products imported from manufacturers established outside the European Union, as the responsible economic operator established in the Union. The identification details of the economic operator appear on the product label or in the accompanying commercial documentation.

11. Safe use of the products

The high-performance simulation products marketed by SIMUFY (high-torque wheel bases, hydraulic pedals, motion systems and other peripherals) can generate significant forces capable of causing injury if not used correctly.

The User undertakes to:

• Read the manufacturer's manual before first use.
• Install the product following the instructions and using the appropriate fastening and safety elements.
• Set force levels progressively, starting with low values.
• Supervise use by minors at all times.
• Not use the product under the influence of alcohol, sedative medication or substances that impair reflexes.
• Comply with the specific safety instructions for each product and the manufacturer's warnings.

SIMUFY accepts no liability for damage arising from incorrect use of the product contrary to the manufacturer's instructions or to normal conditions of use.

12. Customer reviews and ratings

In compliance with the regulations on unfair commercial practices following the transposition of Directive (EU) 2019/2161 (Omnibus Directive) in Spain:

• Reviews on third-party platforms (Google Reviews, Trustpilot or others) are collected by those platforms in accordance with their own verification procedures.
• SIMUFY's own reviews on product pages come exclusively from customers who have actually purchased the product.
• SIMUFY does not incentivise the publication of reviews in exchange for consideration, nor does it selectively publish or remove reviews based on their content, except for reviews that are manifestly false, defamatory, offensive or unlawful.

13. Intellectual and industrial property

The graphic design of the Website, its source code, original texts, proprietary photographs and other original elements are the exclusive property of SAPRO TRADING, S.L., or are used by it under licence. The trade names, trademarks and logos of third-party manufacturers' products are used within the framework of the distribution agreements in force, in accordance with art. 37 of the Spanish Trade Marks Act (Ley de Marcas). Details of the intellectual property regime can be found in the Legal Notice of the Website.

14. User conduct

The User undertakes to use the Website lawfully, diligently and in accordance with accepted standards of conduct. In particular, the User undertakes to:

• Provide truthful, accurate, complete and up-to-date information in forms.
• Not use the Website for fraudulent purposes or unlawful activities.
• Not introduce viruses, malware or any other harmful element.
• Not attempt to access restricted areas or breach security measures.
• Not carry out actions aimed at obstructing the service.
• Not reproduce, copy, distribute or commercially exploit any part of the Website without express authorisation.
• Act in accordance with the requirements of contractual good faith pursuant to art. 7 of the Spanish Civil Code.

SIMUFY may deny access to the Website or cancel the provision of services to Users who breach these conditions.

15. Unpaid balances and account suspension

SIMUFY may suspend the account of Users who have unpaid balances or whose conduct breaches these ToS. The account will be restored once the situation has been regularised.

16. Complaints and claims — Out-of-court resolution and official forms

The User may submit complaints and claims by email to info@simufy.com or by post to SAPRO TRADING, S.L., Ctra. BV-2131 Km. 7,2, 08787 Orpí, Barcelona.

SIMUFY will acknowledge receipt of the claim within a maximum of 7 days and will resolve it within a maximum of 30 days from its receipt.

Official complaint forms. In accordance with Decret 121/2013 de la Generalitat de Catalunya, SIMUFY makes available to the User the official complaint, claim and report forms, which can be downloaded here or obtained upon request to info@simufy.com, and which will be sent immediately in electronic format.

The User may also contact the Catalan Consumer Agency or the Consumer Arbitration Board corresponding to their place of residence. SIMUFY is not a member of any consumer arbitration system.

Without prejudice to the User's right to bring legal proceedings, the Parties will endeavour to seek a prior amicable solution through direct negotiation or mediation, in accordance with Law 1/2025 on the efficiency of the Public Justice Service.

17. Force majeure

SIMUFY shall not be liable for failure to perform its obligations where such failure is due to force majeure or fortuitous events, including: transport sector strikes; floods, fires, pandemics, armed conflicts, acts of terrorism; international sanctions; supervening customs restrictions; government decisions preventing performance of the contract; cyberattacks.

In such cases, SIMUFY will notify the User of the circumstance and the Parties will agree, in good faith, on the temporary suspension, modification or termination of the contract, with a full refund if performance becomes impossible.

18. Limitation of liability

Without prejudice to the liabilities that cannot be excluded vis-à-vis consumers (liability for defective products, Book III TRLGDCU, and the legal guarantee of conformity), SIMUFY shall not be liable for indirect damages, loss of profits, loss of business opportunities, loss of data or consequential damages beyond the value of the product that is the subject of the claim.

Vis-à-vis Professional Users, and except in cases of wilful misconduct or gross negligence, SIMUFY's total liability arising from each order is limited to the price actually paid for the affected product, excluding indirect damages, loss of profits, and loss of revenue, business or data.

These limitations do not apply to personal injury caused by the product.

19. Personal data protection

The processing of personal data provided by the User is governed by the Privacy Policy, which forms an integral part of these ToS. The use of cookies is governed by the Cookie Policy.

20. Amendments

• SIMUFY reserves the right to amend these ToS by publishing the updated version on the Website. Amendments will take effect only in respect of purchases made after publication.
• Where amendments substantially affect the rights or obligations of Users with a registered account, SIMUFY will notify such amendments by email at least 15 days in advance. The User may close their account if they do not accept the changes.

21. Entire agreement and integration of policies

The contractual agreement between SIMUFY and the User consists of the following documents, taken as a single whole:

• These Terms of Service.
• The Shipping and Delivery Policy.
• The Returns and Refund Policy.
• The Privacy Policy.
• The Cookie Policy.
• The Legal Notice.
• The B2B General Terms and Conditions of Sale, for Professional Users.
• Where applicable, any specific agreements entered into with the User (for example, financing agreements with Klarna or Aplazame).

In the event of conflict, these ToS shall prevail on contractual matters, the Privacy Policy on personal data matters, and the Legal Notice on informational matters.

22. Severability clause

If any provision of these ToS is declared null and void or unenforceable, such declaration shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The affected clause shall be replaced, in good faith and respecting the consumer's non-waivable rights, by the one that most closely approximates the intended purpose.

23. Language of the contract

These ToS are published in Spanish, which is the official language of the contract. Translations into other languages provided for convenience shall have no contractual value; the Spanish version shall prevail in the event of any conflict of interpretation.

24. Governing law and jurisdiction

• These ToS are governed by Spanish law.
• Consumer Users resident in Spain: the Courts and Tribunals of the Consumer's place of residence.
• Consumer Users resident in other EU Member States: Regulation (EU) 1215/2012.
• Professional Users (B2B): the Courts and Tribunals of the city of Barcelona, with express waiver of any other jurisdiction.

Last updated: 30 September 2026. Version 3.1.

ANNEX 1 — Model withdrawal form

For the purposes of art. 106.2 TRLGDCU. Its use is not mandatory; the User may exercise their right by means of any unequivocal statement.

Online form (quickest option): https://simufy.odoo.com/solicitud-de-devolucion-return-request