SALE TERMS AND CONDITIONS
NEW GENERAL CONTRACTING CONDITIONS
Introduction
This contractual document will govern the General Conditions of contracting products or services (hereinafter "Conditions") through the website www.vitoriabikes.es, owned by Vitoria Cycling Group S.L, hereinafter, PROVIDER, whose contact details are also stated in the Legal Notice of this website.
These Conditions may be modified at any time. It is the USER's responsibility to read them periodically since those in force at the time of placing orders will be applicable.
Contracts will not be subject to any formality except in 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, understood, and comprehended what is stated here.
- Is a person with sufficient capacity to contract.
- Assumes all the obligations provided herein.
These conditions will have an indefinite validity period and will apply 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 affecting the goods or promotions that were acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products or services contracted by the USER is Vitoria Cycling Group S.L, with registered office at Antonio Machado, 3, 02611 Ossa de Montiel (Albacete), VAT number B02576239, and customer/USER service phone number 967 377 526.
And, on the other hand, the USER, registered on the website using a username and password, for which they are fully responsible for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.
Object of the contract
This contract aims to regulate the contractual relationship of sale born between the PROVIDER and the USER at the moment the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale involves the delivery, in exchange for a specified and publicly displayed price on the website, of a specific product or service.
Contracting procedure
To access the products or services offered by the PROVIDER, the USER must be of legal age and register on the website by creating a user account. Therefore, the USER must provide, freely and voluntarily, the personal data requested, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data, detailed in the Legal Notice and Privacy Policy of this website.
The USER will choose a username and password, committing to use them diligently and not make them available to third parties, as well as to immediately communicate to the PROVIDER the loss or theft of them or possible access by an unauthorized third party, so that the PROVIDER proceeds to immediate blocking.
Once the user account has been created, it is informed that, in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses
- Order dispatch
- Right of withdrawal
- Complaints
- Force majeure
- Competence
- Generalities of the offer
- Price and term of validity of the offer
- Transportation costs
- Payment method, costs, and discounts
- Purchase process
- Applicable guarantees
- Guarantees and returns
- Applicable law and jurisdiction
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER implies the USER's acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. ORDER DISPATCH
The PROVIDER will not send any order or activate any service until it has verified that payment has been made. Goods shipments will usually be made by EXPRESS COURIER (GLS, DHL, or CORREOS) depending on the destination of the order.
The delivery period is usually between 2 and 5 business days, depending on the destination population and the chosen payment method. This term is understood as long as the availability of the merchandise has been confirmed, and the complete payment of the order has been verified.
Bicycles are shipped fully assembled, except for the following details:
1) The front wheel is removed and placed parallel to the rest of the bike. To set it up, no tools are needed if it is a quick-release axle. When the axle is through, only an Allen key is required to tighten the axle screw.
2) The handlebar is placed parallel to the bike, having loosened the stem screws. To set it up, it only needs to be placed perpendicular to the frame manually, and the stem screws are tightened with an Allen key.
3) Bicycles are shipped without pedals.
The PROVIDER will not assume any responsibility if the delivery of the product or service is not carried out due to data provided by the USER being false, inaccurate, or incomplete.
Delivery is considered complete when the carrier has made the products available to the USER, and the USER or their delegate has signed the delivery receipt document.
It is the USER's responsibility to check the products upon receipt and to make any reservations and claims that may be justified in the delivery receipt document.
3. RIGHT OF WITHDRAWAL
Description of the right of withdrawal:
You have the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 days from the day you received the material.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement, for example, an email. You can use the WITHDRAWAL FORM and send it to us at the email info@vitoriabikes.es.
To meet the withdrawal deadline, it is sufficient that the communication of the exercise of this right be sent before the corresponding period expires.
Consequences of withdrawal:
In case of your withdrawal, we will refund all payments received from you without undue delay and, in any case, no later than 14 calendar days from the date we are informed of your decision to withdraw from this contract, provided that within that period we have received the product in our store to verify that it is in perfect condition, unused, and with the original packaging as received. We will proceed to make said refund using the same means of payment used by you for the initial transaction, unless you have expressly chosen another method and it has been agreed with us.
In the event of a purchase withdrawal, you must send the product to our headquarters at your own expense. You must return or hand over the goods directly to Vitoria Cycling Group S.L. C/ Antonio Machado, 3 02611 Ossa de Montiel without undue delay and, in any case, no later than 14 calendar days from the date you communicate your decision to withdraw from the contract.
The prices shown, unless expressly stated otherwise, do not include the provision of necessary services in the case of bicycle preparation, nor the costs of management, adjustment, handling, packaging, and preparation for shipping or other additional
services related to the purchased product, as they are free in most cases.
Additionally, in case of withdrawal and/or return, Vitoria Cycling Group S.L. may pass on the reasonable expenses it has incurred as a result of your order.
In the specific case of withdrawal from the purchase of a bicycle, Vitoria Cycling Group S.L. may pass on the special preparation costs generated by your order, valued at €50 for shipments to Spain, €100 for Portugal, and €150 for international shipments, deducted from the amount to be refunded.
For example: if you withdraw from the purchase of a €3,000 bicycle, Vitoria Cycling Group S.L. will refund the amount paid, deducting the generated expense of €50 for preparation, packaging, and special protection required for the shipment of a bicycle.
Exceptions to the right of withdrawal:
In accordance with article 71 of Law 3/2014, of March 28, amending the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, it is stipulated that the right of withdrawal will not apply to contracts that refer to:
- The provision of services once the service has been fully executed (such as the service of adjusting and preparing bicycles for shipment).
- The supply of goods assembled, manufactured, or tailored to the consumer's specifications, tailored to the user, or clearly personalized.
- The supply of goods that may deteriorate or expire quickly.
- The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
4. COMPLAINTS
Any claim that the USER deems appropriate will be addressed as soon as possible and can be sent to the following contact addresses: Postal address: Vitoria Cycling Group S.L., Antonio Machado, 3 - 02611 Ossa de Montiel (Albacete). Phone: 967 377 526. Email: info@vitoriabikes.es
Online Dispute Resolution (ODR) According to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without resorting to the courts, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will dialogue with both parties to reach an agreement, ultimately being able to suggest and/or impose a solution to the dispute.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. The performance of the obligation will be delayed until the cessation of the force majeure event.
6. JURISDICTION
The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale. If any provision of these conditions is deemed null or impossible to perform, the validity, legality, and fulfillment of the rest shall not be affected in any way, nor shall they be modified in any manner. The USER declares to have read, known, and accepted these Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER are subject to these Conditions. No modification, alteration, or agreement contrary to the Commercial Proposal of Vitoria Cycling Group S.L. or what is stipulated here will have effect, except for express written agreement signed by the PROVIDER; in this case, such specific agreements will prevail.
Given the continuous technical advancements and product improvements, the PROVIDER reserves the right to modify specifications in relation to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications will also be valid in case, for any reason, the possibility of supplying the offered products is affected.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or any other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance, or any other additional services related to the purchased product or service.
The prices applicable to each product are those published on the website and will be expressed in EURO. The USER acknowledges that the economic evaluation of some products may vary in real-time. Before making the purchase, it is possible to check online all the details of the estimate: items, quantities, price, availability, shipping costs, charges, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed. Once the order is placed, prices will remain unchanged whether products are available or not.
The prices shown, unless expressly stated otherwise, do not include the provision of services necessary in the case of bicycle preparation, nor do they include management, adjustment, handling, packaging, and preparation for shipping costs or any other additional services related to the purchased product, as these are free in most cases. Additionally, in the case of withdrawal and/or return, Vitoria Cycling Group S.L. may pass on to the USER reasonable costs incurred as a result of their order.
Any payment made to the PROVIDER results in the issuance of an invoice in the name of the registered USER or the business name provided at the time of 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 can access their private area or contact the PROVIDER's customer service by phone at 967 377 526 or via email at info@vitoriabikes.es.
9. SHIPPING COSTS
The cost of transportation is a fixed €3.99 for accessory and/or component orders, €12 in Portugal, and €20 to countries in the European Union.
For bicycles, the cost of transportation is €20 in Spain and Portugal, €59 in France, and €79 in the rest of the European Union.
For purchases outside the European Union, please inquire about the quotation.
10. PAYMENT METHODS, FEES, AND DISCOUNTS
After filling out personal data to place the order, payment can be made through the online payment platform, which will request the necessary details for payment. The platform ensures the privacy of information and protects it during the user data transmission process, offering secure transactions.
The payment platform will ask for credit card details in addition to some personal information such as name, surname, or ID.
Accepted payment methods are:
- Credit/debit card
- Bank transfer
- CaixaBank Consumer Financing
11. PURCHASE PROCESS
Any product from our catalog can be added to the cart. In it, only items, quantity, price, and total amount will be visible. Once the cart is saved, taxes, charges, and discounts will be calculated based on the entered payment and shipping data. Carts have no administrative connection; they are only a section where a quote can be simulated without commitment from both parties. From the cart, an order can be placed by following the next steps for its proper formalization:
- Verification of billing information
- Verification of shipping address
- Selection of payment method
- Place the order (purchase)
Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email, confirming the order placement.