GENERAL CONDITIONS OF SALE
ebikemontaur.com
1. GENERAL INFORMATION
La titularidad de este sitio web ebikemontaur.com, (en adelante Sitio Web) la ostenta: Gerardo García Moreno con NIF: 25595651D y Bernabé Escalante Benitez , con NIF: 74927832L, y cuyos datos de contacto son:
Address: C/ Pablo Ruiz Picasso, 10 – Montecorto 29430 Malaga
Teléfono de contacto: +34652906177 y +34637849663
Contact Email: info@ebikemontaur.com
This document (as well as other documents herein mentioned) regulates the conditions which governs the use of this Web Site (ebikemontaur.com), and the purchase or acquisition of goods and/or services in the same (hereinafter, Terms).
For the purposes of these Conditions, it is understood that the activity that https://ebikemontaur.com develops through the Website includes:
Electric bike rental mountain
In addition to reading these Conditions, before accessing, browsing and/or using this web page, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection of https://ebikemontaur.com. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all you should not use this Website.
Also, it is reported that these Conditions may be modified. The User is responsible to review them each time you access, browse and/or use of the Web Site because it will be applicable to those that are in effect at the time they request the purchase of products and/or services.
For all of the questions that the User may have in connection with the Conditions you can get in touch with the owner using the contact details provided above, or, in your case, using the contact form.
2. USER
The access, navigation and use of the Website confers the condition of user (hereinafter referred to, interchangeably, individually and as a User or together as Users), so that you are accepted, since start of the navigation of the Web Site, all of the Conditions set forth herein, as well as its subsequent amendments, without prejudice to the application of the corresponding regulations, legal compliance as the case may be.
The User assumes his responsibility in the correct use of the Website. This responsibility will extend to:
- Make use of this Web Site only to make inquiries and purchases and acquisitions legally valid.
- Do not make any purchases to be false or fraudulent. If you reasonably could consider that you have made a purchase of this nature may be cancelled and it would be reported to the relevant authorities.
- Provide contact details truthful and lawful, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Web Site.
The User may formalize, at his choice, with https://ebikemontaur.com the purchase contract for the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PROCESS OF PURCHASE OR ACQUISITION
Users duly registered can be purchased on the Website by the media and the forms established. Should follow the procedure of purchase and/or acquisition online ebikemontaur.com, during which several products and/or services can be selected and added to cart, basket or trailing space of purchase and, finally, click on "Pay now"
Also, the User must fill out and/or check the information that at every step he asked, even though, during the purchase process, before payment, you can modify the data of the purchase.
Next, the User will receive an email confirming that https://ebikemontaur.com has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where appropriate, through their personal connection space to the Website. Likewise, the User can, if he wishes, obtain a copy of his paper invoice, requesting it from https://ebikemontaur.com using the contact spaces of the Website or through the contact information provided above.
The User acknowledges that the current, at the time of the purchase, of certain particular conditions of sale, which apply to the product and/or service in question, and that is shown next to the filing or, in your case, the image of this in your page of the Web Site, by indicating, by way of example, but not exhaustive, and in response to each case: name, price, components, weight, quantity, color, details of the products, or features, mode in which will be carried out and/or cost of the benefits; and acknowledge that the execution of the purchase order or purchase embodies the full and unreserved acceptance of the conditions of sale applicable to each case.
The communications, purchase orders and payments involved during the transactions carried out on the Website could be filed and kept in the computerized records of https://ebikemontaur.com in order to constitute a means of proof of the transactions, in all case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and to the rights that assist Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by https://ebikemontaur.com through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the themselves and/or the provision of services. If there are difficulties regarding the supply of products or there are no products left in stock, https://ebikemontaur.com undertakes to contact the User and refund any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes unrealizable.
5. PRICES AND PAYMENT
The prices displayed on the Website are the end, in Euros (€) and include taxes, unless a legal requirement, especially in the area of VAT, it is stated and apply different discussion.
However, and unless otherwise stated, timely, otherwise the price of the items offered exclude delivery costs, which could incur, which will be added to the total amount due at the time of managing the procedure for sending, by the User, and where it will consult the methods and costs of shipping are available and will choose freely the most convenient for you.
In any case, the Website will add additional costs to the price of a product or a service automatically, but only those that the User has selected and chosen freely and voluntarily.
The prices may change at any time, but changes will not affect orders or purchases made with regard to which the User already has .
The means of payment accepted are: credit Card or debit card, and bank Transfer
https://ebikemontaur.com uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, https://ebikemontaur.com will not be responsible for any delay or non-delivery and will not be able to formalize no contract with the User.
Once https://ebikemontaur.com receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and/or confirmation of the service provided is sent to the User in the manner and, where appropriate, at the place established.
In any case, when you click on the "Pay now", the User confirms the payment method used is yours.
The purchase or acquisition orders in which the User selects the bank transfer as a means of payment will be reserved for 5 calendar days from the confirmation of the order in order to allow sufficient time for the bank transfer to be taken into account by the system. used by https://ebikemontaur.com for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In the event of an error, https://ebikemontaur.com will not be able to validate the order, which will be cancelled.
6. DELIVERY
En los casos en los que proceda realizar la entrega física del bien contratado, las entregas se efectuarán en el ámbito del siguiente territorio: España (Península y Baleares), entregamos las bicicletas en tu alojamiento en Montecorto o se recogen en el establecimiento, donde tu decidades.
Except in those cases in which there are unforeseen circumstances or extraordinary, or, in your case, arising from the customization of the products, the purchase order is consistent in the related products in every order confirmation will be delivered in the period of time indicated on the Website based on the shipping method selected by the User and, in any case, within a maximum of 30 calendar days from the date of the order confirmation.
If for any reason, attributable to it, https://ebikemontaur.com could not meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to go ahead with the purchase by establishing a new delivery date. or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it proves impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where your order is and how to do for it to be delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, they must contact https://ebikemontaur.com to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to https://ebikemontaur.com, https://ebikemontaur.com will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the User will be returned, except for additional expenses resulting from the User's own choice of a different delivery method than the least expensive ordinary delivery method offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User should keep in mind that the transport derived from the resolution may have an additional cost that may be impacted.
For the purposes of the present terms and Conditions, it shall be understood that has occurred, the delivery or the order has been delivered at the time at which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when https://ebikemontaur.com receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if This takes place at a time after the full receipt of the amount paid by https://ebikemontaur.com.
In accordance with the provisions of Law 37/1992, of 28 December, the Value Added Tax (VAT), the purchase orders for delivery and/or provision shall be located in the territory of application of the Spanish VAT if the address of delivery is in Spanish territory, except the Canary islands, Ceuta and Melilla. The applicable rate will be the legally valid in each time depending on the particular item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he detects that an error has occurred when entering the data necessary to process his purchase request on the Website, he may modify them by contacting https://ebikemontaur.com through of the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal connection space to the Website.
In any case, the User, before clicking "Pay now", you have access to the space, cart, or basket where they will be scoring their purchase requests and can make modifications.
Similarly, it directs the User to consult the Legal Notice and the terms and Conditions of Use and, in particular, the Privacy Policy, in order to gather more information about how to exercise your right to correction according to what is established in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.
8. RETURNS
In the cases in which the User acquires products on or through the Web Site of the holder, will attend a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website, and therefore he has the right to withdraw from the purchase within 14 calendar days without justification.
This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Website of https://ebikemontaur.com or in case of that the goods that make up your order are delivered separately, within 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day the contract was signed.
To exercise this right of withdrawal, the User must notify his decision to https://ebikemontaur.com. You can do so, where appropriate, through the contact spaces enabled on the Website.
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that https://ebikemontaur.com makes available as an annex to these Conditions, however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient that the communication that expresses unequivocally the decision to withdraw is sent before the expiration of the corresponding period.
In case of withdrawal, https://ebikemontaur.com will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered in the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which https://ebikemontaur.com is informed of the decision to withdraw by the User.
https://ebikemontaur.com will reimburse the User using the same payment method used by the User to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, https://ebikemontaur.com could withhold said refund until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.
The User can return or send the products to https://ebikemontaur.com at:
And you must do so without undue delay and, in any case, no later than 14 calendar days from the date on which https://ebikemontaur.com was informed of the withdrawal decision.
The User acknowledges know that you will have to bear the direct cost of returning (transport, delivery) of the goods, if there are any any. In addition, you will be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions from the right of withdrawal, as stated in article 103 of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for Defense of Consumers and Users and other complementary laws. But, not exhaustive, this would be the case: custom products; products which are liable to deteriorate or expire rapidly; CDs/DVD of the music or video without your packaging, such as it is sealed in the factory; goods which for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by https://ebikemontaur.com, they will have lost their right of withdrawal.
In any event, no refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Also, you must return the products using or including all their original packaging, instructions and other documents which in his case to accompany, in addition to a copy of the purchase invoice.
In the following link you can download the Model withdrawal form:
Return of defective products or error in the shipment
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they should contact https: //ebikemontaur.com immediately and let you know of the existing disagreement (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned will be tested and the User will be informed, within a reasonable time frame, if applicable, the refund or, in their case, the replacement of the same.
The refund or replacement of the product shall be carried out as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the item in.
The amount paid for products returned because of a defect, where one exists, will be refunded in full, including delivery costs and the costs that would have been incurred by the User for the return. The refund will be made by the same means of payment the User used for the purchase.
In any case, they will be always to the rights recognized in the legislation in force in each moment to the User, as a consumer and user.
Warranties
The User, as a consumer and user, enjoys guarantees on the products that he can acquire through this Website, in the legally established terms for each type of product, responding https://ebikemontaur.com, therefore, for the lack of conformity of the same that manifests itself within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by https://ebikemontaur.com and have the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily used; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products that are marketed on the Website could present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and they will not be a defect.
On the other hand, this might be the case that the User acquires on the Web Site is a product of a brand name or manufacture by a third party. In this case, and considering the User that it is a defective product, this one also has the possibility of contact with the brand or manufacturer responsible for the product to find out how to exercise their right to legal warranty directly in front of the same during the two years following the delivery of such products. To do this, the User must have kept all the information in relation to the warranty of the products.
9. DISCLAIMER
Unless otherwise provided by law, https://ebikemontaur.com will not accept any responsibility for the following losses, regardless of their origin:
- any losses that were not attributable to any failure on your part;
- business losses (including loss of profit, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
- all other indirect or consequential loss that was not reasonably foreseeable by both parties at the time when the contract of sale of the products between the two parties.
Likewise, https://ebikemontaur.com also limits its responsibility in terms of the following cases:
- https://ebikemontaur.com applies all measures related to providing a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.
- https://ebikemontaur.com will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, highway retentions, and in general any other typical of the sector, which derive in delays, losses or theft of the product.
- Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. https://ebikemontaur.com puts all the means at its disposal in order to carry out the process of purchase, payment and shipping/delivery of the products, however it is exempt from liability for causes that are not attributable to it, unforeseen events or force majeure.
- https://ebikemontaur.com will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, https://ebikemontaur.com will not be held responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
- En general, https://ebikemontaur.com no se responsabilizará por ningún incumplimiento o retraso en el cumplimiento de alguna de las obligaciones asumidas, cuando el mismo se deba a acontecimientos que están fuera de su control razonable, es decir, que se deban a causa de fuerza mayor, y ésta podrá incluir, a modo enunciativo pero no exhaustivo:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, threat or terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and https://ebikemontaur.com will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure elderly. https://ebikemontaur.com will use all reasonable means to find a solution that allows you to comply with your obligations despite the force majeure event.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with https://ebikemontaur.com are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that https://ebikemontaur.com send electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with https://ebikemontaur.com through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, https://ebikemontaur.com may contact and/or notify the User via email or at the postal address provided.
11. DISCLAIMER
No waiver by https://ebikemontaur.com of a specific legal right or action or the lack of requirement by https://ebikemontaur.com for strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with their obligations.
No waiver by https://ebikemontaur.com to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing. .
12. INVALIDITY
If any of these Conditions is declared null and void by a final decision of a competent authority, the remaining provisions shall remain in force, without which are not affected by such declaration of invalidity.
13. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and https://ebikemontaur.com in relation to the object of sale and replace any other prior agreement, agreement or promise verbally agreed or in writing by the same parties.
The User and https://ebikemontaur.com acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or data of a personal nature that the User provides to https://ebikemontaur.com in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products via the site shall be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between https://ebikemontaur.com and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send his complaints, claims or any other comment he wishes to make to https://ebikemontaur.com through the contact information provided at the beginning of these Conditions (General Information).
In addition, https://ebikemontaur.com has official claim forms available to consumers and users, and that they can request from https://ebikemontaur.com at any time, using the contact information provided at the beginning. of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between https://ebikemontaur.com and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in consumer matters and by which Regulation (EC) 2006/2004 and Directive 2009/22/EC are modified. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.
This document of terms and Conditions of Purchase has been created the day 05/06/2023.