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Country: Spain
Language: English

TERMS AND CONDITIONS OF SALE

INTRODUCTION

This contractual document shall govern the General Conditions of contracting products or services (hereinafter, "Conditions") through the website sanferbike.com, owned by Sanferbike S.L, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Web.

These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.

Contracts shall 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:

- You have read, understand and comprehend the above.

- You are a person with sufficient capacity to contract.

- You assume all the obligations set forth herein.

These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website

The PROVIDER informs that the retailer is responsible for and is aware of the legislation in force in 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 purchased 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 Sanferbike S.L, with registered office at Lozano, 2 - 28053 Madrid (Madrid), NIF B85855922 and with customer/USER service telephone number +34 91 483 48 80.

And on the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual sales relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.

The contractual purchase and sale relationship involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.

Recruitment procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on 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 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and the Privacy Policy of this website.

The USER will select a user name and a password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of them or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.

Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

PRICE AND PERIOD 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 the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.

The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time. Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed. Once the order has been placed, prices will remain the same whether or not products are available.

The prices shown, unless expressly stated otherwise, do not include the provision of services required in the case of bicycle preparation, nor the costs of handling, adjustment, handling, packing and preparation for shipment or other additional and ancillary services to the product purchased, as these are free of charge in most cases. 

Any payment made to the PROVIDER will lead to the issuing of an invoice in the name of the registered USER or the company name provided by the USER when 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 his/her private area or contact the PROVIDER's customer service telephone number +34 91 483 48 48 or via e-mail to the address [email protected].

GENERAL TERMS AND CONDITIONS

Unless otherwise stipulated in writing, placing an order with the PROVIDER implies 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.

GENERAL INFORMATION ABOUT THE OFFER

All sales and deliveries made by the PROVIDER shall be understood to be subject to the present Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of Sanferbike S.L. or to what is stipulated herein, shall have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.

Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the products offered is affected..

PURCHASING PROCESS

You can add any product from our catalogue to your shopping cart. In the cart, only the items, quantity, price and total amount will be displayed. Once the cart is saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered. The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides. From the basket you can place an order by following the steps below for its correct formalisation:

- Verification of invoicing data

- Checking the delivery address

- Selecting the payment method

- Placing the order (purchase)

Once the order has been processed, the system instantly sends an email to our order management department and another to the USER's email confirming that the order has been placed.

It may happen, exceptionally, that a computer error is made, for example in price, stock or calculation, caused by a technical error that is impossible to foresee. Once the incident has been detected, the system sends an email to the USER and to our orders department with the PAYMENT ERROR and the order is cancelled. 

In this case we will contact you as soon as possible to refund the amount paid if it had been made.

SHIPMENT OF ORDERS

The PROVIDER will not send any order or activate any service until it has verified that payment has been made. Goods will usually be sent by EXPRESS MESSENGER (GLS, ENVIALIA, SEUR or DHL) according to the destination freely designated by the USER.

It is essential to provide a telephone number so that the courier can contact you if necessary to make the delivery.

The delivery time is usually between 2 and 5 working days, depending on the destination town and the chosen method of payment. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.

The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete information provided by the USER.

Delivery shall be considered to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.

TRANSPORT COSTS

SHIPMENT OF BICYCLES

IMPORTANT: Some of the brands of bicycles we offer have a sales policy that DOES NOT ALLOW HOME DELIVERY. You can buy these items online but you will have to pick them up at our physical shops in Madrid.

In case the bicycle allows shipping:

- Spain Peninsula*: shipping is free

- Spain Balearic Islands: 35€.

- Portugal: 49,95€.

- Europe: 180€ (after consultation)

*Ceuta, Melilla and the Canary Islands do not have transport service.

SHIPMENT OF OTHER PRODUCTS (NOT BICYCLES)

The following shipping costs apply:

- Spain Peninsula*: 6€, from 50€ of purchase the shipping is free.

- Spain Balearic Islands: 12€, for orders of less than 50€, 20€ for orders of more than 50€ and less than 100€, and from 100€ of purchase the shipping is free.

- Portugal: 8,95€.

COLLECTION IN OUR SHOPS

You can buy comfortably on our website and pick up your purchase in our shops. You must indicate the shop you wish to collect your order and we will confirm via email the period in which it will be available for collection. If your order is available at a different shop than the one you have chosen, we will inform you of this and you can choose to go to this other shop if you prefer. If you buy online and collect your bike from one of our shops we will give you 3 months initial refit from the date of purchase.

HOW CAN I CONTACT YOU IF I HAVE ANY QUESTIONS ABOUT AN ONLINE ORDER?

For all matters relating to online orders, you can call 91 4834880, or email us at: [email protected]

PAYMENT METHODS, CHARGES AND DISCOUNTS

The different payment methods will be displayed depending on the total purchase amount in the shopping cart.

1.- PAYMENT BY BANK TRANSFER

Available for any amount. If you choose this payment method, you will receive a confirmation email with our bank details once the order has been completed. If this is not the case, please check your spam filters or call our Customer Service. Once the order has been completed, we will reserve the item(s) for 4 day and, as soon as we register the payment, we will proceed to ship the order immediately. Depending on the bank, the transfer may take between 2 and 4 working days to complete. The transfer costs are subject to your bank. Payment for an order is not considered to have been made until the full amount of the payment has been received in our bank account.

2.- CARD PAYMENT - VIRTUAL TPV

Payment via CECABANK POS Secure Payment Gateway for amounts up to 499,99€.

Payment through REDSYS TPV Secure Payment Gateway for amounts up to 500€.

A payment gateway screen will be displayed where your bank card credentials will be requested. This way we guarantee that we do not handle or store your bank card information. We only know the details of the order and if the payment has been made. Once this process has been completed, you will receive your payment confirmation.

SECURITY IN YOUR PURCHASES. At Sanferbike we use SSL technology, which allows us to encrypt the data you provide us with and prevent third parties from accessing it. However, the most important protection is your own password. Never give your password to third parties and prevent your account from being accessible. We adhere to the applicable data protection laws and regulations. The data you provide will only be used for the processing of orders and the constant improvement of our services, but we will never pass it on to third parties without your prior consent.

CONNECTION. You should never connect to the Virtual POS service from a link received in your email or by any other means. It is recommended that you type the URL directly into your browser.

PERSONAL PASSWORDS. NEVER give your personal passwords to anyone, not even the bank will ask you for them by mail, telephone or in person.

TRANSMISSION OF INFORMATION. Check that you are on a secure payment page: the address of the page must begin with https:// (pay attention to the "s"). In addition, this address must be preceded by a "closed padlock".

DISCONNECTION OF THE SERVICE. Always use the disconnection operation when you have finished your Virtual-POS session. Our server disables the sessions after a certain period of time, but it is better to order their termination manually to prevent someone else from using them in your absence.

RETURN POLICY FOR ONLINE PURCHASES

If for any reason you are not satisfied with your order, you have a period of up to 14 calendar days to notify us of the return of the same via the following email [email protected].

From this date of communication, you will have a maximum of 14 calendar days from receipt of the order to return it to our facilities in optimum conditions (according to art. 102 and 104, of the R.D.L. 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws).

Whether it is a return or an exchange of size, you must send us the product in perfect condition, unused and in its original packaging; including guarantees, labels and instructions for use.

The return shipment to our warehouse is at the customer's expense.

It is very important that you return the products to us perfectly packaged. If the products are damaged due to improper packaging, we will not accept the return.

The address to which you have to send the product back is: SANFERBIKE S.L. - C/ Lozano 2, 28053 Madrid.

QUICK AND EASY ONLINE RETURNS FOR SMALL PACKAGES

Once we receive the item and check that it is in perfect condition (unworn and with all tags / original packaging) we will proceed to refund the amount of the item with the same payment method you used in the purchase. If you are in the Community of Madrid or the surrounding area, you can go to your nearest Sanferbike shop to return the item, we will collect the item from you, but the money will be refunded from the online shop using the same method of payment you used to make the purchase.

IMPORTANT NOTICE: as an exception, our San Sebastian de los Reyes shop does not carry Trek or Bontrager brands. No returns of these products will be accepted at this shop.a.

FIRST FREE ONLINE SIZE CHANGE

It's not always easy to get it right first time, which is why we offer you an easy and economical size exchange. If the item you bought online and need to exchange is worth €50 or more, we will send it back to you from the shop to your home free of shipping costs.

The change of size will therefore only cost you the cost of sending the item to our shop: Sanferbike M-30 (ATT: Dpto. Online) C/Lozano, 2. 28053 Madrid. To do this you can choose the shipping and courier method you prefer.

Once we receive the item and check that it is in perfect condition (unworn and with all the original labels/wrapping) we will proceed to send you the new size you have chosen. And if you are in the Community of Madrid or in the surrounding area, you can also go to your nearest Sanferbike shop to change the size or choose another product.

RETURN OF BICYCLES OR LARGE ITEMS

Once we receive the goods in our warehouses and check that all the above conditions are met, Sanferbike will accept the return of the product and will proceed to refund the amount that corresponds according to the method of payment made.

MANAGEMENT COSTS

If you paid by credit card: The amount will be credited to the same card. Please note that if you paid by credit card, it is likely that your bank will not show the refund amount in your balance until the following month.

If you paid by bank transfer: We will ask you for an account number where you can pay the amount (you will have to send it to us at [email protected]).

If payment is made by means of financing: The cancellation of the same will be processed after payment of administrative management costs valued at €50.

PREPARATION COSTS

The prices shown, unless expressly stated otherwise, do not include the provision of services required in the case of bicycle preparation, nor the costs of handling, adjustment, handling, packaging and preparation for shipment or other additional services and annexes to the product purchased.

In addition, in the event of withdrawal and return, the costs incurred as a result of your order will be charged.

IN THE EVENT OF THE RETURN OF A BICYCLE: In the specific case of returning the purchase of a frame, bicycle or bulky item, Sanferbike will charge the special preparation costs generated by your order valued at €50 for orders from Spain, €100 for Portugal and €150 for international orders, deducting them from the amount to be returned. For example: if you cancel the purchase of a bicycle of 3.000€, Sanferbike will refund the amount paid by subtracting the costs generated by the handling, preparation, packaging and special protection required for the shipment of a bicycle or bulky item; as well as the costs of de-financing if necessary.

If the bike is not in Sanferbike's facilities and has to be ordered from the manufacturer or distributor expressly (information indicated during the purchase process), the return costs generated by the return of the bike to its warehouse of origin will be added to the above charges, provided that the bike has already arrived at Sanferbike or is in transit. We can only avoid passing on this cost if, at the time of the withdrawal request, the preparation and shipment by the manufacturer has not yet been carried out.

If the brand is national and has the material in Spain, the amount to be charged is €90. 

If the brand's facilities are located outside the country (normally Europe) these return costs amount to €250.

These provisions do not affect the consumer's rights under current legislation. You will receive the refund as soon as possible, being the maximum period of 14 calendar days from the receipt of the returned product in our warehouse.

RETURN OF DEFECTIVE PRODUCTS

In cases where you consider that at the time of delivery the product does not conform to what is stipulated in the Contract, you must contact us immediately via our contact form or by email [email protected], providing details of the product and the damage it suffers. (In some cases we will ask you to send us a photo of the incident). We will ask you to return the item using its original packaging as well as the instructions, documentation and packaging that may accompany it. Once we have received the goods to be returned, we will proceed to carefully examine the returned product and we will inform you by e-mail within a reasonable period of time whether it can be returned or replaced (if applicable).

In the event that it is not possible to replace the product(s), the amounts paid for those products that are returned, due to a defect or defect, when it actually exists, will be refunded in full, including delivery costs incurred to deliver the item to you and the costs you have incurred to return it to us.

Partial returns and partial cancellations will give rise to partial refunds of the total amount paid for the entire order. Transport costs, if any, will not be refunded in the case of partial returns.

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 14 days after the day on which you received the goods.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unequivocal statement, e.g. an e-mail. You may use the example of withdrawal form at the bottom of this page. In order to meet the withdrawal deadline, it is sufficient that the communication of desire to use this right is sent before the expiry of the withdrawal period.

Please refer to our specific page with all points concerning the right of withdrawal.

COMPLAINTS

Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

Postal: Sanferbike S.L, Lozano 2 - 28053 Madrid (Madrid)

Telephone: +34 91 483 48 80

Mail: : [email protected]

We will reply to your complaint within 30 days. If you are not satisfied, we offer you the possibility of lodging a complaint with the Consumer Affairs Department. Sanferbike is a member of the Consumer Arbitration System with the number 008/021380.

For companies and professionals, membership of the Consumer Arbitration System is an added value and a guarantee of quality that they offer their customers, as it is an extrajudicial and free system offered by the administration to resolve consumer disputes between a business or professional and a customer.

In addition, all our shops have complaint forms.

GUARANTEES FOR PURCHASED PRODUC

All products sold from 01/01/2022, will get 3 years warranty, entering into force the Modification of the General Law for the Defence of Consumers and Users. This measure is implemented in the European Directive (EU) 2019/771 of 20 May 2019.

Article 114 General principles:
The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, and is liable to the consumer and user for any lack of conformity that exists at the time of delivery of the product.

Article 115 Scope of application:
Contracts for the sale of products are included within the scope of this Title.

Article 116 Conformity of the products with the contract:

In the absence of proof to the contrary, the goods shall be deemed to be in conformity with the contract provided that they meet all the requirements set out below, unless the circumstances of the case make any of them inapplicable:

They conform to the description given by the seller and possess the qualities of the product which the seller has presented to the consumer and user in the form of a sample or model.

Are fit for the uses to which products of the same type are normally put.

Are fit for any special use required by the consumer and user when he has made this known to the seller at the time of conclusion of the contract, provided that the seller has accepted that the product is fit for such use.

The lack of conformity resulting from incorrect installation of the product shall be treated as a 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 the defective installation is due to an error in the installation instructions.

There shall be no liability for lack of conformity which the consumer and user knew or could not reasonably have been unaware of at the time of conclusion of the contract or which originates in materials supplied by the consumer and user.

Article 117 Incompatibility of shares:
The exercise of the actions provided for in this title shall be incompatible with the exercise of actions arising from the remedy for hidden defects in the sale. In any case, the consumer and user shall have the right, in accordance with civil and commercial legislation, to be compensated for damages arising from the lack of conformity.

Article 118 Liability of the seller and rights of the consumer and user:
In the event of a lack of stock and/or typographical error, we will inform you as soon as possible and we will proceed, whenever possible, to replace the product with a similar one, subject to prior agreement with the user. If you are not interested in the replacement or the reduction of another similar product offered, the contract will be terminated and the amount of your purchase will be refunded immediately.

Article 119 Repair and replacement of the product:

If the product is not in conformity 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. As soon as the consumer and user informs the seller of the option chosen, both parties must abide by it. This decision of the consumer and user is without prejudice to the provisions of the following article for cases where repair or replacement fails to bring the product into conformity with the contract.

A remedy shall be deemed disproportionate if it imposes unreasonable costs on the seller in comparison with the alternative remedy, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative remedy could be carried out without major inconvenience to the consumer and user. In order to determine whether the costs are unreasonable, the costs for one form of remedy must also be significantly higher than the costs for the other form of remedy.

Article 120 Legal regime for the repair or replacement of the product:

Repair and replacement shall comply with the following rules:

They shall be free of charge for the consumer and user. This free of charge shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, in particular the shipping costs, as well as the costs related to labour and materials.

They shall be carried out within a reasonable time and without major inconvenience to the consumer and user, taking into account the nature of the products and the purpose for which they were intended by the consumer and user.

The repair suspends the running of the periods referred to in Article 123. The period of suspension shall begin when the consumer and user places the product at the disposal of the seller and shall end when the repaired product is delivered to the consumer and user. During the six months following delivery of the repaired product, the seller shall be liable for the lack of conformity that gave rise to the repair, it being presumed that it is the same lack of conformity when defects of the same origin as those initially stated are reproduced in the product.

If, once the repair has been completed and the product delivered, it is still not in conformity with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided for in this chapter.

Replacement suspends the periods referred to in Article 123 from the exercise of the option by the consumer and user until the delivery of the new product. In all cases, the second paragraph of Article 123.1 shall apply to the substitute product.

If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided for in this chapter.

The consumer and user may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.

Article 121 Price reduction and termination of the contract:
The price reduction and the rescission of the contract shall take place, at the choice of the consumer and user, when the consumer and user cannot demand the repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconvenience to the consumer and user. The termination shall not apply where the lack of conformity is minor.

Article 122 Criteria for price reduction:
The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.

Article 123 Time limits:
The seller is liable for any lack of conformity that becomes apparent within two years of delivery. In the absence of proof to the contrary, it shall be presumed that any lack of conformity that becomes apparent within six months of delivery of the product, whether new or second-hand, already existed when the thing was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

Unless there is proof to the contrary, 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 this is later.

The seller is obliged to provide the consumer or user who exercises his right to repair or replacement with documentary proof of delivery of the product, stating the date of delivery and the lack of conformity that gives rise to the exercise of the right. Likewise, together with the repaired or replaced product, the seller shall provide the consumer or user with documentary proof of delivery, stating the date of delivery and, where appropriate, the repair carried out.

The action to claim compliance with the provisions of Chapter II of this Title shall be time-barred three years after 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 it is impossible or excessively burdensome for the consumer and user to take action against the seller for the lack of conformity of the products with the contract, he may claim directly against the producer in order to obtain the replacement or repair of the product. In general, and without prejudice to the fact that the liability of the producer shall cease, for the purposes of this Title, in the same terms and conditions as those established for the seller, the producer shall be liable for the lack of conformity when this relates to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them. The party liable to the consumer and user shall have a period of one year to take action against the party responsible for the lack of conformity. This period is calculated from the time when the remedy was completed.

COMPETENCE

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale. Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way. The USER declares that he/she has read, knows and accepts these Conditions in their entirety.

FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.

APPLICABLE LAW AND

These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER's domicile.

THE BEST SHOPS, THE BEST BRANDS

Sanferbike has 3 bike shops in Madrid, each with its own bike workshop, as well as the online cycling shop, with the best products and the best brands of bicycles: Trek, Cannondale, Scott, Orbea, BMC, Santa Cruz, Giant, Wilier, 3T, LIV, Enve, Open, Moustache, Littium, Cinelli, Basso, Factor, Colnago ...

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