These general conditions of sale (in the future, the "General Conditions") shall apply to any purchase made by an Internet user/individual (in the future, the "CLIENT") on the ibkbike.com website (in the future, the "WEBSITE") to:
Turboebike 2018 SL, Registered in the commercial register Tolosa, with the number:
Volume 2509, Folio 176, Section 8, Sheet 33390, Inscription 2,
with registered office in Polígono Benta-pueblo 26
and with NIF number B75211482,
Spanish phone number: +34 943 547 507
email: firstname.lastname@example.org, (in the future, the "SELLER").
Any order placed on the WEBSITE necessarily implies acceptance without reservation by the CLIENT of these general conditions.
Article 1. Definitions
- « CLIENT » : refers to the co-contractor of the SELLER, which guarantees to have the quality of consumer as defined by Spanish law and jurisprudence. For these purposes, it is expressly provided that the CLIENT acts outside any usual or commercial activity.
- « DELIVERY » : refers to the first delivery of the PRODUCTS ordered by the CLIENT to the delivery address indicated in the order.
- « PRODUCTS » : refers to the set of products available on the WEBSITE.
- « TERRITORY » : refers to SPAIN.
Article 2. Purpose
The CLIENT is informed and acknowledges that the WEBSITE is addressed to consumers and that professionals should contact the SELLER's commercial service to benefit from specific contractual conditions.
If the CLIENT does not accept these terms and conditions, please refrain from using our WEBSITE.
Article 3. Acceptance of the general conditions
The CLIENT agrees to read these General Conditions carefully and accepts them, before proceeding to pay for the order of the PRODUCTS made in the WEBSITE.
These General Conditions are at the bottom of each page of the WEBSITE through a link. This information must be read before placing the order. The CLIENT is invited to read carefully, download and print the General Conditions and keep a copy.
The SELLER advises the CLIENT to read the General Conditions at the time of placing a new order, being the latest version of the same applies to each of them.
By clicking on the first button to place the order and on the second to confirm it, the CLIENT acknowledges having read, understood, and accepted the General Conditions without limitations or conditions.
Article 4. Purchase of products on the WEBSITE.
The information that the CLIENT provides to the SELLER at the time of placing the order must be complete, accurate, and updated. The SELLER reserves the right to request the CLIENT to confirm, by any appropriate means, his identity, his eligibility, and the information provided.
Article 5. Orders
The SELLER shall endeavor to present as clearly as possible the main characteristics of the PRODUCTS (on the information files available on the WEBSITE) and the mandatory information that the CLIENT must receive under the applicable law.
The CLIENT agrees to read this information carefully before placing an order on the WEBSITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the WEBSITE. Mainly depending on the problems, it has concerning its suppliers.
Unless otherwise expressly indicated on the WEBSITE, all the PRODUCTS sold by the SELLER are new and comply with current European legislation and the standards applicable in Spain.
Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps described below (however, depending on the browser used by the Customer, these may vary slightly).
The CUSTOMER must select the PRODUCT(S) of his choice by clicking on the chosen PRODUCT(S) and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT will be saved in the CUSTOMER's shopping basket. The latter may then add as many additional PRODUCTS as he wishes.
Once the PRODUCTS have been selected and stored in the basket, the CUSTOMER must click on the basket and verify that the contents of his order are correct. If the CUSTOMER has not already done so below, he will be invited to identify himself or register.
Once the CUSTOMER has validated the contents of the basket and has identified/registered, an online form will appear automatically and recapitulates the price, applicable fees and, where appropriate, delivery costs.
The CUSTOMER is invited to verify the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
EThe CUSTOMER may then pay for the PRODUCTS by following the instructions on the WEBSITE and providing all the information required for invoicing and DELIVERY of the PRODUCTS. For PRODUCTS with different options available, their specific references appear when the correct options have been selected. The orders placed must include all the information necessary for the proper processing of the order.
EThe CUSTOMER must also select the delivery method chosen.
Once all the steps described above have been carried out, one will appear on the WEBSITE to acknowledge receipt of the CUSTOMER's order. A copy of the order acknowledgement will be automatically sent to the CUSTOMER by email, provided that the email address provided in the form is correct.
he VENDOR will not send any order confirmation by post or telematic mail.
Through the order, the CUSTOMER must provide the information necessary for invoicing (the (*) sign will indicate the mandatory fields to be filled in so that the CUSTOMER's order is processed by the VENDOR).
The CUSTOMER must also clearly indicate all information relating to the ORDER, in particular the exact address of the DELIVERY, as well as any possible access codes to the DELIVERY address.
Neither the receipt of the order placed online by the CUSTOMER, nor the acknowledgement of receipt of the order sent to the CUSTOMER by the VENDOR by e-mail constitute any invoice. Whatever the method of ordering or payment used, the CUSTOMER will receive the original invoice at the time of DELIVERY of the PRODUCTS, inside the package.
The date of the order is the date on which the VENDOR acknowledges receipt of the order online. The deadlines indicated on the WEBSITE do not start counting until that date.
For all the PRODUCTS, the CUSTOMER will find on the WEBSITE the prices indicated in euros, including taxes, as well as the applicable delivery charges (depending on the weight of the package, without packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
The prices include in particular the value added tax (VAT) at the rate applicable on the date of the order. Any change in the rate may be passed on to the PRODUCTS from the date on which it comes into force.
The applicable rate of VAT shall be expressed as a percentage of the value of the PRODUCT sold.
The prices of the VENDOR's suppliers are subject to change. Consequently, the price indicated on the WEBSITE may change. They may also be modified in the case of special offers or sales.
The applicable prices will be those indicated on the WEBSITE on the date the order is placed by the CUSTOMER.
The VENDOR will apply a "just in time" stock management. Consequently, depending on the case, the availability of PRODUCTS will depend on their existence in the VENDOR's stocks.
The VENDOR undertakes to fulfil the orders received subject to the availability of the PRODUCTS.
The unavailability of a PRODUCT will in principle be indicated on the page of the PRODUCT in question. The CUSTOMERS may also be informed of the replacement of the PRODUCT by the SELLER.
EIn any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay, if the PRODUCT is unavailable.
The VENDOR may, at the request of the CUSTOMER:
Send all the PRODUCTS together, as soon as the non-stocked PRODUCTS are available again.
Proceed to a partial shipment of the PRODUCTS available at that time, and send the rest of the order when the others are available, with express mention of the additional transport costs that could arise.
Propose an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CLIENT decides to cancel his order for unavailable PRODUCTS, he will get a refund of all amounts paid for those PRODUCTS within thirty (30) days after payment.
Article 6. Right of Withdrawal
The modalities of the right of withdrawal are set out in the "Return and Refund Policy", available on the following page Return and Refund Policy, accessible under each page of the WEBSITE via hyperlink.
Article 7. Payment
The CUSTOMER can pay for his PRODUCTS online on the WEBSITE by following the means proposed by the VENDOR.
The CLIENT guarantees the VENDOR that he has all the authorizations required for the chosen means of payment.
The VENDOR shall take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of online payment on the WEBSITE.
It is specified that all the information related to the payment made is transmitted to the bank of the WEBSITE and is not processed on the WEBSITE.
In case of single payment by credit card, the account of the CUSTOMER will be debited at the time of the order of the PRODUCTS on the WEBSITE.
In case of partial DELIVERY, the total amount will be debited from the CUSTOMER's account without delay at the time the first package is sent. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Conditions.
If the bank rejects the debit of a credit card or other means of payment, the CLIENT must contact the VENDOR's Customer Service in order to pay the order by any other valid means of payment.
In the event that, for whatever reason, opposition, rejection or other, the transmission of the flow of money due by the CUSTOMER is impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Testing and archiving.
The SELLER agrees to file the information in order to ensure a follow-up of the operations and to make a copy of the contract at the request of the CLIENT.
In case of dispute, the VENDOR will have the possibility to prove that the electronic tracking system is reliable and guarantees the integrity of the transaction.
Article 9. Transfer of ownership.
The above provisions do not prevent the transmission to the CUSTOMER, at the time of receipt by himself or by a third party designated by him other than the carrier, of the risks of loss of or damage to the PRODUCTS which are the subject of the reservation of ownership, as well as the risks of damage which they may entail.
Article 10. Delivery
Article 11. Packaging
Article 12. Guarantees.
In this context, the VENDOR is liable for any defects in conformity existing at the time of delivery and for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this is carried out by or under the responsibility of the VENDOR.
The action resulting from non-conformity prescribes after two (2) years from the delivery of the PRODUCT.
In the event of non-conformity, the CUSTOMER may request, at his discretion, the replacement or repair of the PRODUCT. In any case, in the event that the cost of the CLIENT's choice is manifestly disproportionate to another option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with reimbursement, without taking into account the option chosen by the CLIENT.
In the event that replacement or repair is impossible, the VENDOR undertakes to refund the price of the PRODUCT after 30 days from receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address Polígono Benta-aldea 26.
The CUSTOMER is exempt from providing proof of the existence of a defect in the conformity of the PRODUCT during the six (6) months following the delivery of the goods.
The SELLER is obliged to guarantee the hidden defects of the sold PRODUCT that could make it defective for the use for which it should be destined, or that diminish it in such a way that the CLIENT would not have acquired it or would have paid a lower price, if he had known about it.
This guarantee allows the CLIENT, who can prove the existence of a hidden defect, to choose between a refund of the price of the PRODUCT if it is returned or a refund of part of the price if it is not returned.
Should replacement or repair be impossible, the VENDOR undertakes to refund the price of the PRODUCT within a period of thirty (30) days following receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address Polígono Benta-aldea 26.
The resulting action for hidden defects must be filed by the CUSTOMER within two (2) years from the discovery of the defect.
Article 13. Responsibility.
The SELLER cannot be held responsible, or considered to be in breach of the General Conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure or a fortuitous event as defined by the case law of the Spanish Courts.
It is also specified that the VENDOR does not control the web pages that are directly or indirectly linked to the WEBSITE. Consequently, it is excluded, to the extent permitted by law, from any responsibility linked to the information published on them. Hyperlinks to these web pages are provided for information purposes only and do not constitute a guarantee of their content.
Article 14. Personal information
The VENDOR collects personal data of its CUSTOMERS on the WEBSITE, including by means of cookies. The CUSTOMERS can deactivate the cookies by following the instructions given by their browsers.
The data collected by the VENDOR will be used for the purpose of processing the orders placed through the WEBSITE, managing the CUSTOMER's account, analysing his orders and, if the CUSTOMER chooses this option, sending him emails for promotional purposes, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER does not wish to receive such communications from the VENDOR.
The data of the CLIENT will be kept confidentially by the VENDOR in accordance with its declaration made at the Spanish Data Protection Agency, the needs of the contract, and the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose under each offer received by email.
The data may be communicated, in whole or in part, to the VENDOR's service providers involved in the order. For commercial purposes, the VENDOR may transfer the names and coordinates of its CUSTOMERS to its partners, on condition that they have given their prior agreement when registering on the WEBSITE.
The VENDOR will specifically ask the CUSTOMERS if they want their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the VENDOR. The VENDOR may also ask its CUSTOMERS if they wish to receive commercial information from its partners.
In accordance with the 15/1999 of 13 December on the Protection of Personal Data, and more specifically the provisions of Articles 15 and 16, the CLIENT has the right to access, rectify, oppose (for legitimate reasons) and delete this personal data. You can exercise this right by sending an email to the address: email@example.com, or by sending a mail to Polígono Benta-aldea 26.
It is specified that the CLIENT must be able to justify his identity, either by scanning an identity card, or by sending a photocopy of it to the VENDOR.
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You can allow, block or delete the cookies installed on your computer by configuring the options of the browser installed on your computer. If you do not allow the installation of cookies on your browser, you may not be able to access any of the sections of our website.
Article 16. Claims
Article 17. Intellectual Property
These elements are the exclusive property of the VENDOR. Any person who edits a web page and wishes to create a direct hyperlink to the WEBSITE must ask the VENDOR's authorization in writing.
This authorisation by the SELLER will in no case be definitively agreed upon. This hyperlink must be removed at the request of the SELLER. Hyperlinks to the WEBSITE using techniques such as (framing) or (in-line linking) are strictly forbidden.
Article 18. Validity of the General Conditions
Such modification or decision does not in any case authorize the CUSTOMERS to disregard these General Conditions.
All conditions not expressly dealt with herein will be regulated in accordance with the customs of the private trade sector.
Article 19. Amendments to the General Conditions
The General Conditions will be dated precisely and may be modified and updated by the VENDOR at any time. The applicable General Conditions shall be those in force at the time of the order.
The modifications made to the General Conditions will not be applicable to PRODUCTS already purchased.
Article 20. Jurisdiction and applicable law
IN THE EVENT OF A DISPUTE, ONLY THE SPANISH COURTS WILL HAVE JURISDICTION.
Furthermore, prior to any recourse to arbitration or to the courts, negotiations between the parties in a spirit of loyalty and good faith shall prevail in order to reach an amicable settlement of any dispute relating to this contract, including its validity.
The party wishing to start the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If at the end of a period of fifteen (30) days, the parties are not able to understand each other, the differences will be submitted to the jurisdiction established below.
During the negotiation process and until its completion, the parties are prohibited from taking any legal action against each other for the conflict under negotiation. As an exception, the parties will be authorized to resort to the jurisdiction of interim measures or the implementation of a procedure does not entail the waiver of any amicable settlement clause by the parties, unless there is an express wish to the contrary.