Terms of Service
Terms and conditions for using our website and services
Note: In case of any discrepancy between language versions, the Spanish text shall prevail.
1. Identification and Acceptance
This website (carsofix.com) is owned by:
- Company: CARSOFIX SL ("CARSOFIX")
- Tax ID (NIF): B26932830
- Registered office: Malaga, Spain
- Email: info@carsofix.com · Phone: +34 641 36 90 97
Use of the site implies full and unreserved acceptance of these Terms, as well as the Privacy Policy and Cookie Policy. If you do not agree, please do not use the site.
2. Services Offered
- Sale of vehicles from our stock (new and used).
- Custom order service: sourcing, negotiating and importing specific vehicles from other countries in the European Economic Area in accordance with the client's specifications.
- Vehicle rental with and without driver, including premium and luxury vehicles.
- Ancillary services: advice, administrative handling, transfer before the DGT, ITV, registration and associated tax procedures.
3. Information and Prices
Prices, photographs, technical data and availability published on the site are for information only and may contain typographical or configuration errors. They do not constitute a binding offer within the meaning of Art. 1262 of the Spanish Civil Code.
A binding offer is made only in writing (email, signed contract or pro-forma invoice) after direct communication with the client. If there is any discrepancy between the website information and the written offer, the latter prevails.
Prices are in Euros (EUR) and include applicable VAT, unless otherwise stated. Registration tax (IEDMT), DGT fees, gestoría fees, transport and ITV are invoiced separately where applicable.
4. Sale of Vehicles in Stock
4.1. Reservation and payment
The client may reserve a vehicle in stock by paying an earnest money deposit ("arras") whose amount and conditions will be agreed in writing. Unless otherwise agreed, the earnest money is treated as "arras penitenciales" under Art. 1454 of the Civil Code: if the client withdraws, the deposit is forfeited; if CARSOFIX withdraws, it shall return twice the amount.
4.2. Legal warranty
Vehicles sold to consumers benefit from the legal warranty established by Royal Legislative Decree 1/2007 (LGDCU), as amended by RDL 7/2021, of three (3) years for new vehicles and one (1) year for used vehicles (reduced period upon written agreement under Art. 120.1 LGDCU). The warranty does not cover normal wear, damage from misuse, lack of maintenance, unauthorised modifications or consumables.
Sales between private individuals facilitated by CARSOFIX as intermediary are governed by the Civil Code, without consumer legal warranty.
4.3. DGT transfer
Transfer of ownership before the Spanish General Directorate of Traffic (DGT) will be carried out within 30 days of signing the contract. The client undertakes to provide all required documentation and authorises CARSOFIX (or its appointed gestoría) to process the transfer. Administration costs and official fees are billed to the buyer.
4.4. Delivery and risk
Unless otherwise agreed, delivery takes place at CARSOFIX premises in Malaga. Risk passes to the buyer upon physical delivery or making the vehicle available, pursuant to Art. 331 of the Spanish Commercial Code.
5. Custom Orders
5.1. Nature of the service
A custom order consists of the search, location, negotiation and importation of a vehicle specifically configured to the client's specifications (brand, model, year, colour, mileage, equipment, budget, country of origin). The result is a good made to order and not interchangeable.
5.2. Deposit
The order requires payment of a non-refundable deposit, the amount of which is agreed in writing in each case (typically between 10% and 30% of the estimated price). The deposit covers search, reservation, logistics, advance taxes and administrative costs.
The deposit is not refunded in the following cases: (a) unilateral withdrawal by the client, (b) impossibility of closing the transaction due to client fault, (c) rejection of the vehicle where it objectively matches the agreed specifications, (d) failure to provide documentation or pay the balance on time.
CARSOFIX will refund the deposit, net of incurred costs, only if it is objectively impossible to locate a vehicle matching the agreed specifications within the agreed timeframe.
5.3. Timeframes
Indicated timeframes for custom orders are estimates and depend on availability in the European market. Reasonable delays due to customs, homologation, transport, reduced technical sheet or the original seller do not give rise to indemnity or termination, unless they exceed twice the estimated period.
5.4. Conformity of the vehicle
The client has 48 hours from the vehicle being made available to verify conformity with the agreed specifications. After that period without a written objection, the vehicle is deemed accepted. This clause does not affect the legal warranty under Section 4.2.
6. Vehicle Rental
6.1. Driver requirements
- Minimum age: 25 years old for all vehicles; 30 years old for sports, high-end or supercar categories under internal classification.
- Driving licence seniority: minimum 3 years for standard vehicles and minimum 5 years for supercars.
- Valid driving licence recognised in Spain (EU/EEA or with valid international permit).
- Valid national ID, NIE or passport and credit card in the renter's name.
- CARSOFIX reserves the right to refuse rental to anyone who fails to meet the requirements or whose behaviour poses a reasonable risk to the vehicle, third parties or the company.
6.2. Payment structure
Rental involves three distinct payments, which the client acknowledges and accepts:
| Item | Timing | Refund |
|---|---|---|
| Booking deposit online via Stripe | At reservation | Refundable if cancelled ≥ 48 h; non-refundable within 48 h |
| Rental price (balance) | At vehicle collection | Non-refundable once the rental period has begun |
| Security deposit (from €2,000; up to €10,000 for supercars) | At collection (card hold or bank transfer) | Refundable upon satisfactory return of the vehicle |
6.3. Mileage and excess rates
Standard conditions include: 150 km/day, 1,050 km/week, 3,000 km/month (28 days). Additional kilometres are charged according to vehicle category:
- Standard vehicles: €3 per km
- Premium vehicles: €5 per km
- Supercars and sports cars: €7 per km
6.4. Insurance and renter's liability
All vehicles include mandatory third-party liability insurance under the Spanish Motor Vehicle Civil Liability and Insurance Act (RDL 8/2004). Optional coverages (reduced excess, windows, extended assistance, personal accident) are contracted separately.
The renter remains fully and jointly liable, without excess or optional-coverage limitation, in the following cases:
- Driving under the influence of alcohol, drugs or medication affecting ability
- Driving by a person not expressly authorised in the contract
- Use of the vehicle outside the authorised territory without prior written consent
- Use in competitions, closed tracks, off-road, unpaved roads or illegal activities
- Damage caused by gross negligence or wilful misconduct, accidents without signed "parte amistoso", or hit-and-run
- Odometer tampering or internal engine damage caused by misuse (wrong fuel, over-revving, etc.)
- Loss or breakage of keys, documentation or accessories
CARSOFIX is not responsible for personal items left in the vehicle.
6.5. Fines, penalties and tolls
The renter is fully responsible for all fines, administrative penalties and tolls incurred during the rental period. Pursuant to Art. 11 of RDL 6/2015 (Spanish Traffic Act), CARSOFIX will communicate the renter's data to the sanctioning authority as the responsible driver within the legal deadline. By signing the contract, the renter expressly authorises this communication and accepts the direct charge of the corresponding amounts, including an administrative cost of €45 per notification processed.
6.6. Cancellations and no-show
- Cancellations more than 48 hours in advance: full refund of the booking deposit.
- Cancellations within 48 hours before pick-up: booking deposit non-refundable.
- No-show or delay of more than 2 hours without notice: reservation cancelled, deposit non-refundable.
- Early termination at the renter's request: no right to refund of the unused period.
6.7. Return and fuel
The vehicle must be returned at the agreed place, date and time, with the same fuel level and in the same condition as at delivery (normal wear excluded). Fuel differences are charged at market price plus a service charge of €30. Excessive dirt, persistent smells (tobacco, animals) or debris are charged at €150 (standard interior) or up to €500 (supercars).
7. Payments and Invoicing
Online payments are processed through Stripe Payments Europe, Ltd. (PCI DSS Level 1). CARSOFIX does not store full card data. When making a payment, the user accepts Stripe's terms.
All invoices comply with Royal Decree 1007/2023 (Verifactu), including invoice records, hash and readable QR code. Invoices are delivered by email in PDF. Refunds, where applicable, are processed within 14 calendar days under Art. 107.3 LGDCU; actual credit to the client's card may take 5–10 business days for reasons beyond CARSOFIX's control.
8. Intellectual Property
All content on the site (texts, photographs, logos, trademarks, design, code, databases) is owned by CARSOFIX SL or its licensors and is protected by Royal Legislative Decree 1/1996 (Intellectual Property Act) and trademark legislation. Reproduction, distribution, public communication or transformation without prior written authorisation is prohibited.
9. Limitation of Liability
To the extent permitted by Spanish law, CARSOFIX will not be liable for:
- Typographical errors, configurations or reference images on the website.
- Technical interruptions, temporary unavailability or third-party provider failures.
- Indirect damages, loss of profit, loss of opportunity or reputational damage.
- Failures resulting from force majeure (Art. 1105 Civil Code), including natural disasters, war, pandemics, strikes, administrative restrictions or international supply-chain failures.
- Use of the vehicle in breach of instructions, the contract or applicable law.
CARSOFIX's total liability to the client is limited to the amount actually paid for the contracted service, except where the law does not allow such limitation (wilful misconduct, gross negligence, personal injury).
10. Force Majeure
Neither party is liable for non-performance due to causes beyond its reasonable control. If the situation persists more than 60 days, either party may terminate without indemnity, with a proportional refund of non-accrued amounts.
11. Data Protection
Processing of personal data is governed by our Privacy Policy, in line with the GDPR and the Spanish LOPDGDD.
12. Governing Law and Jurisdiction
These Terms are governed by Spanish law. The parties submit, waiving any other forum, to the Courts of Malaga, Spain, without prejudice to the consumer's right to bring proceedings before the courts of their domicile under Art. 90.2 LGDCU and Regulation (EU) 1215/2012.
Under Regulation (EU) 524/2013, consumers may access the European Online Dispute Resolution platform: ec.europa.eu/consumers/odr. Complaints may also be submitted to the Malaga Municipal Consumer Office (OMIC) or the competent Consumer Arbitration Board.
13. Complaint Forms
CARSOFIX provides official complaint forms ("hojas de reclamaciones") under Decree 72/2008 of the Junta de Andalucía, available at our premises or by email at info@carsofix.com.
14. Changes
CARSOFIX reserves the right to modify these Terms. The version in force is the one published on the site, with the date of last update. Changes do not apply retroactively to contracts already concluded.
15. Severability
If any clause is declared void or unenforceable, the rest remain in force. The affected clause is replaced by another valid clause producing similar effects.
16. Contact
- Email: info@carsofix.com
- Phone: +34 641 36 90 97
- Address: Malaga, Spain