NEW GENERAL CONTRACTING CONDITIONS
Introduction This contractual document will govern the General Conditions for contracting products or services (hereinafter, "Conditions") through the website sanferbike.com, owned by Sanferbike SL, hereinafter, PROVIDER, whose contact details They are also included in the Legal Notice of this website. These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, since those that are in force at the time of ordering will be applicable. The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER: Has read, understands and understands what is stated here. He is a person with sufficient capacity to contract. Assume all the obligations set forth herein. These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website. The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.
Identity of the contracting parties On the one hand, the PROVIDER of the products or services contracted by the USER is Sanferbike SL, with registered office at Lozano, 2 and 4 - 28053 Madrid (Madrid), NIF B85855922 and with a customer service telephone number / USER 91 483 48 80. And on the other hand, the USER, registered on the website by means of a username and password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER .
Purpose of this contract The purpose of this contract is to regulate the contractual relationship of sale created between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process. The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.
1. GENERAL CONTRACTING CLAUSES Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. DELIVERY OF ORDERS The PROVIDER will not send any order or activate any service until it has verified that the payment has been made. Merchandise shipments will usually be made by EXPRESS COURIER (GLS, ENVIALIA, SEUR or DHL) according to the destination freely designated by the USER. The delivery time is usually between 2 and 5 working days, depending on the destination population and the chosen form of payment. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified. The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete. The delivery will be considered made when the carrier has made the products available to the USER and the USER, or his / her delegate, has signed the delivery receipt document. It is the responsibility of the USER to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.
3. RIGHT OF WITHDRAWAL Consumers can exercise the legal right of withdrawal as described in the instructions on the right of withdrawal.
4. CLAIMS Any claim that the USER considers appropriate will be addressed as soon as possible, and can be made at the following contact addresses: Postal: Sanferbike SL, Lozano, 2 y 4 - 28053 Madrid (Madrid) Telephone: 91 483 48 80. Mail: firstname.lastname@example.org Online dispute resolution (Online Dispute Resolution) In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online conflict resolution between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the dispute resolution body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and / or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE The parties will not be held liable for any fault due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
6. COMPETENCE The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale. If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way. The USER declares to have read, know and accept these Conditions in their entirety.
7. GENERAL INFORMATION OF THE OFFER All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of Sanferbike SL or what is stipulated herein, will have effect, except for an express written agreement signed by the PROVIDER, in this case, these particular agreements will prevail. Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND TERM OF VALIDITY OF THE OFFER The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product or service purchased. The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time. Before making the purchase, you can check all the details of the budget online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order is not placed. Once the order is placed, the prices will be maintained whether there is product availability or not.
The prices shown, unless expressly indicated otherwise, do not include the provision of necessary services in the event of preparation of bicycles, nor the costs of management, adjustment, handling, packaging and preparation for shipment or other additional services and annexes to the product purchased, as they are free in most cases.
In the specific case of withdrawal in the purchase of a bicycle, Sanferbike will pass on the special preparation expenses generated by your order, valued at € 50 for shipments to Spain, € 100 for Portugal and € 150 for other international shipments, discounting them from the amount to be returned. For example: if you cancel the purchase of a € 3,000 bicycle, Sanferbike will refund the amount paid by subtracting the € 50 expense generated in the preparation, packaging and special protection that the shipment of a bicycle requires.
Additionally, in the event of withdrawal and / or return, Sanferbike may pass on reasonable expenses incurred as a result of your order. Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or of the business name that he has informed at the time of placing the order. This invoice will be sent as a PDF to the email address provided by the USER. For any information about the order, the USER may access their private area or contact the PROVIDER through the customer service telephone number 91 4834848. or via email to the address email@example.com.
9. TRANSPORTATION COSTS To see the shipping costs, click here
10. PAYMENT FORMS, CHARGES AND DISCOUNTS To see the payment methods, click here
11. PURCHASE PROCESS Any product in our catalog can be added to the cart. In this, only the articles, the quantity, the price and the total amount will be observed. Once the cart is saved, the taxes, charges and discounts will be calculated according to the payment and shipping information entered. The baskets do not have any administrative link, it is only a section where a budget can be simulated without any commitment by both parties. From the basket you can place an order by following the steps below for its correct formalization: Checking the billing information Checking the shipping address Selecting the payment method Place the order (buy) Once the order is processed, the system sends instantly an email to the PROVIDER's management department and another to the USER's email confirming the order.
12. APPLICABLE GUARANTEES All products offered through the website are completely original, unless otherwise indicated in their description. All have a two-year warranty period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of consumers and users and other complementary laws.
13. GUARANTEES AND RETURNS The guarantee of the products offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:
Article 114 General principles. The seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product.
Article 115 Scope of application. 1. Product sales contracts are included in the scope of this title.
Article 116 Conformity of the products with the contract.
1. Unless proven otherwise, it will be understood that the products are in accordance with the contract provided that they meet all the requirements expressed below, unless due to the circumstances of the case, any of them is not applicable: They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model. They are suitable for the uses to which products of the same type are ordinarily destined. They are suitable for any special use required by the consumer and user when they have made the seller aware of it at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for such use.
2. The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the contract of sale or supply regulated in article 115.1 and has been carried out by the seller or under his responsibility, or by the consumer and user when faulty installation is due to an error in the installation instructions.
3. There will be no place for liability for lack of conformity that the consumer and user knew or could not have justifiably ignored at the time of the conclusion of the contract or that have their origin in materials supplied by the consumer and user.
Article 117 Incompatibility of actions. The exercise of the actions contemplated in this title will be incompatible with the exercise of the actions derived from the reorganization for hidden defects of the sale. In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated for damages derived from the lack of conformity.
Article 118 Responsibility of the seller and rights of the consumer and user. In the event of a lack of stock and / or typographical error, it will be reported as soon as possible and, whenever possible, the product will be replaced with a similar one with prior agreement with the user. If the replacement or reduction of another similar product offered is not of interest to you, the contract will be considered terminated, immediately reimbursing the amount of your purchase.
Article 119 Repair and replacement of the product. If the product does not comply with the contract, the consumer and user may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user communicate the chosen option to the seller, both parties will have to abide by it. This decision of the consumer and user is understood without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into compliance with the contract. The form of remediation that, compared to the other, imposes on the seller costs that are not reasonable, will be considered disproportionate, taking into account the value that the product would have if there was no lack of conformity, the relevance of the lack of conformity and if the form alternative sanitation could be carried out without major inconveniences for the consumer and user. To determine whether the costs are unreasonable, the costs for one form of remediation must also be considerably higher than the costs for the other form of remediation.
Article 120 Legal regime for the repair or replacement of the product. The repair and replacement will conform to the following rules:
a) They will be free for the consumer and user. Said gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
b) They must be carried out within a reasonable time and without major inconveniences for the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.
c) The repair suspends the computation of the terms referred to in article 123. The suspension period will begin from when the consumer and user make the product available to the seller and will conclude with the delivery to the consumer and user of the product already repaired. During the six months after delivery of the repaired product, the seller will be liable for the lack of conformity that led to the repair, presuming that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
d) If the repair has been completed and the product is delivered, it is still not in accordance with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided in this chapter.
e) The substitution suspends the terms referred to in article 123 from the exercise of the option by the consumer and user until the delivery of the new product. In any case, article 123.1, second paragraph, shall apply to the substitute product. f) If the replacement fails to bring the product into compliance with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided in this chapter . g) The consumer and user may not demand replacement in the case of non-expendable products, nor in the case of second-hand products.
Article 121 Price reduction and termination of the contract. The price reduction and the termination of the contract will proceed, at the choice of the consumer and user, when the latter cannot demand the repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconveniences for the consumer and user. The resolution will not proceed when the lack of conformity is of little importance. Article 122 Criteria for the price reduction. The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been in accordance with the contract and the value that the product actually delivered had at the time of said delivery.
Article 122 Criteria for the price reduction. The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been in accordance with the contract and the value that the product actually delivered had at the time of said delivery.
Article 123 Deadlines. The seller is liable for any lack of conformity that appears within a period of two years from delivery. Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after the delivery of the product, whether it is new or second-hand, already existed when the thing was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity. Unless proven otherwise, delivery is understood to have been made on the day that appears on the invoice or purchase receipt, or on the corresponding delivery note if it is later. The seller is obliged to deliver to the consumer or user who exercises their right to repair or replacement, documentary justification of the delivery of the product, stating the delivery date and the lack of conformity that originates the exercise of the right. In the same way, together with the repaired or replaced product, the seller will provide the consumer or user with documentary justification of the delivery stating the date of the delivery and, where appropriate, the repair carried out. The action to claim compliance with the provisions of chapter II of this title will prescribe three years from the delivery of the product. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.
Article 124 Action against the producer. When the consumer and user find it impossible or an excessive burden to address the seller due to the lack of conformity of the products with the contract, they may claim directly from the producer in order to obtain the replacement or repair of the product. In general, and without prejudice to the fact that the responsibility of the producer ceases, for the purposes of this title, in the same terms and conditions as those established for the seller, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them. Whoever has responded to the consumer and user will have a period of one year to repeat against the person responsible for the lack of conformity. Said period is computed from the moment the cleanup was completed.
14. APPLICABLE LAW AND JURISDICTION These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services that are the subject of these Conditions.