General Purchasing Conditions

Purchases made by users through our website (“Website”) are governed by the conditions (“The Conditions”) described below. The purchase of products (“Product”) through www.bikepointtenerife.com implies the full and unreserved acceptance by the user of the following purchase conditions. These Conditions do not cover the sale of our Products by third parties outside the Website.

 

Information of the service provider of the Information Society, owner of the website:

 

Owner: FUN FACTORY EL CABEZO, SL
CIF: B38583605
Address: Av. José Miguel Galván Bello 28, CP 38612, El Médano, Tenerife
Telephones: 922176273
Email: info@bikepointtenerife.com

 

Please read these Conditions carefully before placing an order for any “Product” on our “Website”. If you do not accept these Conditions, you will not be able to order any Product on our Website. You may print a copy of these Terms for future reference.

 

1. Information on products and modification of offers

FUN FACTORY EL CABEZO, SL can modify at any time the conditions or offers published on its website (prices, products, promotions, and other commercial and service conditions). But the modifications will not affect in any case the purchases already made by our users.

The names and brands of products and manufacturers are used only for identification purposes. All photos, descriptions and prices are not contractual.

Special offers, promotions or discounts will be valid until the indicated date or until the end of the indicated number of stocks. As well as the prices indicated at the time of consulting the website.

 

2. How can I buy on the web?

The purchase of our products by the user is made and perfected through the monitoring of the purchase procedure described in this section. By purchasing our products, you agree that communications with FUN FACTORY EL CABEZO, SL are mainly by electronic means.

To proceed to make a purchase on our website you just have to follow the following steps:

  1. In order to make purchases through our website, prior registration as a user is required. Once registered you can already buy our products.
  2. To make a purchase, you must add the products that interest you in your “shopping basket”.
  3. Once you have filled your cart with all the products you want to buy, the purchase is completed.
  4. To close the purchase with FUN FACTORY EL CABEZO, SL you have to complete the purchase and pay the amount of the products purchased through the payment gateway.
  5. The purchase will be perfected when the user receives the order confirmation by email, which will reflect in detail the products he has purchased and these conditions.

 

3. Price of the products. Tax and customs

The price that appears indicated at all times next to our products includes IGIC.

If there is a typographical error in any of the prices shown and if any user had made a purchase decision based on said error, we will notify you of this incident immediately and the user will have the right to cancel your purchase at no cost to you.

The price of the product does not include the shipping or transportation costs that will be indicated at the time of placing the order.

 

4. What are the shipping and transportation conditions?

 4.a) Where do we ship to?

We ship to all of Spain and Europe.

4.b) In what period will you receive your order?

The usual delivery time ranges from 24/72 hours from the receipt of the order payment confirmation and depending on the shipping method and logistics company selected.

If the item is not in stock, and cannot be delivered on time, we will notify you of the estimated time for your request and you can exchange it for another item if you wish or request a refund.

These deadlines are indicative and FUN FACTORY EL CABEZO, SL reserves the right to delay them for reasons beyond the control of the company. In any case, we will always try to shorten shipping times as much as possible to ensure fast and efficient receipt of orders.

The agreed terms for the delivery of the product are understood without prejudice to the delays that may be caused by force majeure.

 

4.c) What do I have to do in case of delay or error in shipping or delivery?

In case of delay, delivery error or lost product, please contact us as soon as possible.  FUN FACTORY EL CABEZO, SL will contact the logistics company to initiate an investigation and resolve the incident as soon as possible. We will make all the efforts that are within our reach, during the necessary time and within a maximum period of 24 hours, we will contact the user and give him a solution or send him a new identical package at no cost.

The user will have the right to terminate the contract and to pay the amount of the product and the shipment if we do not deliver within the agreed period and the conditions established in article 66.bis of Royal Legislative Decree 1/2007, of 16 of November, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

 

4.d) What is the amount of shipping costs?

The amount of the shipping costs is indicated separately at the time of placing the order and is borne by the user and must be accepted before making the payment .

Shipping costs vary depending on the type of shipping:

 

Shipping type Destination Amount

 

4.e) Where will I receive the order?

The products will be delivered to the address indicated by the user on the order form.

The delivery will be made through the transport companies offered by FUN FACTORY EL CABEZO, SL
If the user is absent at the time of delivery of the order, the transport company will contact you to arrange a new delivery.
FUN FACTORY EL CABEZO, SL will monitor the delivery of the order.

5. Payment method

5.a) What forms of payment can I use?

Products can be paid by card through the bank card payment platform (Visa and Mastercard) and the PayPal service.

5.b) Is the card payment system secure ?

This system is completely confidential and secure and the data cannot be seen by third parties. FUN FACTORY EL CABEZO, SL does not keep data on the payments made by its users. The information will be provided directly to the bank’s payment platform.

 

6. How are the invoices?

The user agrees that the invoices for the purchases of the products are issued electronically and sent by email. You can request a copy of the paper invoice by sending an email to info@medanobike.com

 

7. Return

7.a) How long do I have to cancel the purchase or decide to return a product?

The user will have a period of fourteen calendar days to decide to return the ” Product ” from the date of receipt thereof without incurring any penalty or expense, except for those corresponding to the return and without the need for justification.

The withdrawal period will expire 14 calendar days from the day the product is received by the user or an authorized third party.

7.b) How can I cancel the purchase?

If you wish to return the product or withdraw from the purchase, you must notify us of your decision to withdraw from the contract through an unequivocal statement by post to FUN FACTORY EL CABEZO, SL at the following address: Av. José Miguel Galván Bello 28, 38612 El Médano; or by email to info@bikepointtenerife.com

You can use for this the model withdrawal form that we incorporate below, although its use is not mandatory, any communication in which you report the exercise of your right of withdrawal before the corresponding term expires.

 

Withdrawal Form(only must be completed and sent if you want to cancel the purchase)
For the attention of:FUN FACTORY EL CABEZO, SL

Av. José Miguel Galván Bello 28, 38612 El Médano

_____________________________

I hereby inform you that we withdraw from the contract of sale of the following product / s:
Order number:
Article:
Received on date:
Name / s of the consumer / consumers and user / s:
Address / s of the consumer / consumers and user / s:
Signature of the consumer and user or of the consumers and users(only if this form is submitted on paper)
Date

 

7.c) What are the requirements for the exercise of the right of withdrawal?

If the user decides to cancel their purchase once the order arrives, they will have to be responsible for the original shipping costs, if any.

The user may return the products by post at the following address:  FUN FACTORY EL CABEZO, SL at Av. José Miguel Galván Bello 28, 38612 El Médano.

In case of withdrawal on your part, we will refund all payments received from you, including shipping costs, (if any). But for this you must return or deliver the products directly to us, without any undue delay and, in any case, no later than within 14 calendar days from the date on which you inform us of your decision to withdraw. The withdrawal period will be considered fulfilled if you return the goods before the corresponding period has expired.

7.d) How is the refund made?

FUN FACTORY EL CABEZO, SL will reimburse the amount of the product using the same means of payment used by you at the time of purchase, unless you have expressly provided otherwise; in any case, you will not incur any expense as a result of the refund within a maximum period of 14 calendar days from the date on which we are informed of the withdrawal.

In the event that the order has been delivered, we can retain the refund until we have received the products, or until you present proof of their return. When returning a ” Product “, we recommend that you obtain proof of your shipment .

For the return of the product it is necessary that it has not been used and keep its original seal or packaging intact. Packaging will not be accepted in which some type of sticker, adhesive paper or similar has been affixed by the user. We reserve the right to refuse a full refund, if the returned ” Product ” has been damaged.

If the return occurs because the user considers that the ” Product ” is defective and wants the refund of the amount paid, he also has fourteen working days to return it from the receipt of the product. The return by this way does not limit the rights that can assist you in accordance with the product guarantee established by consumer and user regulations.

 

8. Legal guarantee

The products sold by FUN FACTORY EL CABEZO, SL are covered by the legal guarantee of 2 years from delivery on new products by the seller, in accordance with the provisions of consumer and user regulations.

We do not cover defects caused by misuse, neglect, or improper handling. The ” Products ” sold on our Website are intended solely for the use described in the specifications of each product.

 

9. Data protection policy

FUN FACTORY EL CABEZO, SL undertakes to comply with current legislation on the processing of personal data.

You can access more information in our Privacy Policy .

 

10. Claims and attention to the consumer and user

If you are not happy with your product, please contact us at the following address: FUN FACTORY EL CABEZO, SL with address at Av. José Miguel Galván Bello 28, 38612 El Médano (Spain) or at the following email info@bikepointtenerife.com

You can file any type of claim at the following address info@bikepointtenerife.com

In addition, we have official complaint forms available to our customers and users. You can request them by calling 922176273 or email info@bikepointtenerife.com

 

11. Cause of force majeure

FUN FACTORY EL CABEZO, SL will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when it is due to events that are beyond our reasonable control (“Force Majeure”).

Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control, such as a) Strikes, lockouts or other protest measures; b) Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war; c) Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster; d) Impossibility of using means of transport; Impossibility of using telecommunications systems; and e) Government acts, regulations or restrictions.

The obligations derived from these conditions will be suspended during the period of Force Majeure and the term to fulfill said obligations will be extended for a period of time equal to the duration of the Force Majeure Event and we will use all reasonable means to end the Cause of Force Majeure or finding a solution that allows us to fulfill our obligations despite the Cause of Force Majeure.

 

12. Partial nullity

If any of these General conditions is declared null and void by a firm resolution issued by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

 

13. Applicable law and competent courts

The contracts for the purchase of Products through our Website and the controversies or demands that derive from them or that refer to their object or celebration (including litigation or non-contractual claims) will be governed by Spanish law.

Any controversy that arises or is related to the use of the website or said products will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals of the province of Santa Cruz de Tenerife.

If you are hiring as a consumer, nothing in this clause will affect the rights that as such are recognized by current legislation, and you can choose to file a claim to assert your rights in relation to these Conditions before the Judge or Courts that correspond to your home.

 

14. Online conflict resolution platform

In compliance with the obligation to inform consumers established in Art. 14 of Regulation (EU) 524/2013 on online dispute resolution in consumer matters  FUN FACTORY EL CABEZO, SL informs you that the European Commission provides a platform for Online conflict resolution that is available at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES   and where you can put your claims to deal with to reach an out-of-court settlement, if you reside in the EU.

 

15. Notifications

Occasionally, FUN FACTORY Cabezo, SL may use your personal data to send notifications by e – mail . Such notifications will be made to inform about changes in our services or products.

 

16. Quality commitment with our users. Comments and suggestions

The client must bear in mind that at FUN FACTORY EL CABEZO, SL we offer human capital, which is willing to help you in a personalized way. Our goal is the satisfaction of our customers with our products and obtain the highest quality standards.

Your comments and suggestions will be welcomed. You can contact us by email at info@medanobike.com or by phone 922176273

 

 

Date: 05/24/18

Version: V.1.0