General Conditions

This contractual document will govern the contracting of products and services through the website www.fabricbike.com, owned by FABRIC BIKE EUROPE S.L., hereinafter referred to as PROVIDER.

Acceptance of this document implies that the USER:

- Has read, understands, and comprehends what is stated herein.
- Is a person with sufficient capacity to contract.
- Assumes all obligations set forth herein.

These conditions will have an indefinite period of validity and will apply to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible for and aware of the current legislation of the countries to which it ships products and reserves the right to unilaterally modify the conditions, without this affecting goods or promotions that were acquired prior to the modification.

Identity of the contracting parties

On one hand, the provider of the goods or services contracted by the USER is FABRIC BIKE EUROPE S.L., with registered address C/Silvestre Ochoa, 25 - 2º A 39700 CASTRO URDIALES (CANTABRIA), NIF B39786686 and with customer service / USER telephone 634591407.

And on the other hand, the USER, registered on the website with a username and password, for which they have full responsibility for use and safekeeping, and are responsible for the veracity of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual relationship of sale and purchase established 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 and purchase involves the delivery, in exchange for a specific price publicly displayed through the website, of a specific product or service.

Contracting procedure

To access the services or products offered by the PROVIDER, the USER must register through the website by creating a user account. For this purpose, the USER must freely and voluntarily provide the personal data that will be 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 detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, committing to diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible unauthorized access by a third party, so that the PROVIDER can proceed with 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 Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:

1. General contracting clauses.
2. Order shipment.
3. Right of withdrawal.
4. Claims.
5. Force majeure.
6. Jurisdiction.
7. General terms of the offer.
8. Price and validity period of the offer.
9. Shipping costs.
10. Payment method, charges, and discounts.
11. Purchase process.
12. Applicable warranties.
13. Warranties and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise specifically stipulated in writing, placing an order with the PROVIDER will imply the USER's acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.

2. ORDER SHIPMENT

The PROVIDER will not ship any order until payment has been verified.

Goods will generally be shipped by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely chosen by the USER.

Delivery dates or deadlines will be understood as approximate, and delay will not constitute a material breach. Should the PROVIDER fail to deliver the goods within 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive a full refund of the amount paid at no cost, without any liability for damages attributable to the PROVIDER.

The delivery period is usually between 2 and 5 business days, depending on the destination town and the chosen payment method. This period is understood to apply provided that the availability of the goods has been confirmed and full payment for the order has been verified.

The PROVIDER will not assume any responsibility if the delivery of the product or service cannot be made due to false, inaccurate, or incomplete data provided by the USER.

Delivery will be considered completed 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 verify the products upon receipt and to state any reservations and claims that may be justified on the delivery receipt document.

In the event that the contract does not involve the physical delivery of any product, these being directly downloaded from the website, the PROVIDER will inform the USER in advance about the procedure to follow for this download.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to return and/or claim any possible defects in the product or service, both online and offline.

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014 of March 27). Unless the return is due to product defects, the shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.

The right of withdrawal cannot be applied in the following cases:

1. If the product is not in perfect condition.

2. If the product's packaging is not original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.

3. When the product is opened without being able to prove that it has not been used.

4. In software applications that are directly downloaded through the portal.

5. When they are personalized products or those that, for reasons of hygiene or other legally provided exceptions, are not susceptible to this right.

Any return must be communicated to the PROVIDER, requesting a return number (RMA) through the enabled RMA form, or by email to alejandro@fabricbike.com, indicating the invoice or order number.

Once the USER has received the RMA number, they will send the product to the PROVIDER, indicating this number on the shipping letter, with shipping costs at their expense, to the address of FABRIC BIKE EUROPE S.L., C/Silvestre Ochoa, 25 - 2º A 39700 CASTRO URDIALES (CANTABRIA).

4. CLAIMS

Any claim that the USER deems appropriate will be attended to as soon as possible, and can be made at the following contact addresses:

Postal: FABRIC BIKE EUROPE S.L., C/Silvestre Ochoa, 25 - 2º A 39700 CASTRO URDIALES (CANTABRIA)
Telephone: 634591407
Mail: alejandro@fabricbike.com

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the online resolution of disputes between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately 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 shall not incur liability for any failure due to force majeure. The fulfillment 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 stipulation of these conditions were considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they undergo any modification.

The USER declares to have read, understood and accepted these General Conditions in their entirety.

7. GENERAL TERMS OF THE OFFER

All sales and deliveries made by the PROVIDER shall be understood as subject to these General Conditions.

No modification, alteration, or agreement contrary to FABRIC BIKE EUROPE S.L.'s Commercial Proposal or stipulated herein shall have effect, unless expressly agreed in writing and signed by the PROVIDER; in this case, these particular agreements shall prevail.

Given continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications regarding 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 if, 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 other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping costs, handling, packaging, shipping insurance or any other additional services annexed to the purchased product or service.

The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some products may vary in real time.

Before making the purchase, you can check all budget details online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily until the order is placed.

Once the order is placed, prices will be maintained whether products are available or not.

Any payment made to the PROVIDER implies the issuance of an invoice in the name of the registered USER or the company name they have provided when placing the order. This invoice will be sent together with the purchased product to the email address provided by the USER.

For any information about the order, the USER can contact the PROVIDER's customer service by phone at 634591407 or by email at alejandro@fabricbike.com.

9. SHIPPING COSTS

Prices do not include shipping or communication costs, installation costs, or complementary services, unless expressly agreed otherwise in writing.

Shipping costs will be calculated when the shopping cart or quote is saved, as they are calculated by product weight and delivery address.

The maximum transportation fee applied is as follows:

Peninsula up to 2 Kg: .......... €
Peninsula > 2 Kg up to 10 Kg: .......... €
Peninsula > 10 Kg: .......... €

Outside peninsula up to 2 Kg: .......... €
Outside peninsula > 2 Kg up to 10 Kg: .......... €
Outside peninsula > 10 Kg: .......... €

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER offers the following payment methods for placing an order:

• Bank transfer: a discount of ........... % will be applied for early payment.

• Cash on delivery: a charge of ........... % (minimum €3) will be applied as a collection fee. Payment will not be accepted if it exceeds ........... €.

• Credit card: no discounts or charges will be applied. Credit card payment will not be accepted if it exceeds ........... € .

11. PURCHASE PROCESS

Cart (quote simulation)

Any product from our catalog can be added to the cart. In it, only the items, quantity, price, and total amount will be observed. Once the cart is saved, taxes, charges, and discounts will be calculated according to the payment and shipping data entered.

Carts have no administrative binding, it is only a section where a quote can be simulated without any commitment from either party.

From the cart, an order can be placed by following the steps below for its correct formalization:

1. - Verification of billing data.
2. - Verification of the shipping address.
3. - Selection of the payment method.
4. - Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER's management department.

Orders (purchase requests)

Within a maximum of 24 business hours, an email will be sent confirming the order status and shipping date.

12. APPLICABLE WARRANTIES

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. WARRANTIES AND RETURNS

The warranty for the products offered will comply with the following articles based on Law 23/2003 of July 10 on Guarantees in the Sale of Consumer Goods:

I) Conformity of products with the contract

1. Unless proven otherwise, products shall be considered to conform to the contract provided they meet all the requirements set forth below, unless due to the circumstances of the case, any of them is not applicable:

a) They conform to the description made by FABRIC BIKE EUROPE S.L..

b) They are fit for the purposes for which products of the same type are ordinarily intended.

c) They are fit for any special purpose required by the customer when the customer informed FABRIC BIKE EUROPE S.L. of it at the time of the conclusion of the contract, provided that FABRIC BIKE EUROPE S.L. accepted that the product is fit for that use.

d) They present the quality and performance normal for a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by FABRIC BIKE EUROPE S.L..

e) FABRIC BIKE EUROPE S.L. describes the details, technical characteristics and photographs of the products provided by their manufacturer, so it is not bound by these public statements.

2. The lack of conformity resulting from incorrect installation of the product shall be assimilated to the lack of conformity of the product when the installation is included in the sales contract and has been carried out by FABRIC BIKE EUROPE S.L. or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.

3. There shall be no liability for defects of conformity that the USER knew or could not have ignored at the time of the conclusion of the contract or that originate from materials supplied by the USER.

II) PROVIDER's Liability

FABRIC BIKE EUROPE S.L. shall be liable to the USER for any lack of conformity that exists at the time of delivery of the product. FABRIC BIKE EUROPE S.L. recognizes the USER's right to repair the product, its replacement, a price reduction and the termination of the contract.

III) Repair and replacement of products

1. If the product is not in conformity with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER communicates the chosen option to FABRIC BIKE EUROPE S.L., both parties must adhere to it. This decision of the USER is understood without prejudice to the provisions of the following article IV for cases where repair or replacement fail to bring the product into conformity with the contract.

2. Any form of remedy that imposes on FABRIC BIKE EUROPE S.L. costs that, compared to the other form of remedy, are not reasonable, taking into account the value the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience for the USER, shall be considered disproportionate.

IV) Rules for repair or replacement of the product

Repair and replacement shall conform to the following rules:

a) They shall be free of charge for the USER.

This gratuitousness shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.

b) They shall be carried out within a reasonable period and without major inconvenience to the user, taking into account the nature of the products and the purpose they had for the USER.

c) Repair suspends the calculation of the deadlines referred to in article VII. The suspension period will begin when the USER makes the product available to FABRIC BIKE EUROPE S.L. and will end with the delivery of the repaired product to the USER. During the six months following the delivery of the repaired product, FABRIC BIKE EUROPE S.L. will be responsible for any lack of conformity that led to the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.

d) Replacement suspends the deadlines referred to in article VII from the exercise of the option until the delivery of the new product. The second paragraph of article VII shall apply to the substitute product in any case.

e) If, after repair and delivery of the product, it remains non-compliant with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or a price reduction or termination of the contract under the terms of article V.

f) If replacement fails to bring the product into conformity with the contract, the USER may demand its repair, within the limits established in section 2 of article IV, or a price reduction or termination of the contract under the terms of articles V and VI.

g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.

V) Price reduction and contract termination

Price reduction and contract termination shall proceed, at the USER's choice, when the USER cannot demand repair or replacement of the product, and in cases where these have not been carried out within a reasonable period or without major inconvenience for the USER. Termination shall not proceed when the lack of conformity is of minor importance.

VI) Criteria for price reduction

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

VII) Deadlines

1. FABRIC BIKE EUROPE S.L. is responsible for any lack of conformity that becomes apparent within two years from delivery. For second-hand products, FABRIC BIKE EUROPE S.L. and the USER may agree on a shorter period, which may not be less than one year from delivery.

Unless proven otherwise, it shall be presumed that any lack of conformity that becomes apparent within six months after delivery already existed when the product was delivered, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

2. Unless proven otherwise, delivery is understood to have occurred on the date appearing on the invoice or purchase label, or on the corresponding delivery note if it is later.

3. The action to claim compliance with the provisions of the preceding articles lapses three years from the delivery of the product.

4. The USER must inform FABRIC BIKE EUROPE S.L. of the lack of conformity within two months of becoming aware of it.

Unless proven otherwise, the USER's communication shall be understood to have taken place within the established period.

VIII) Action against the producer

When it is impossible or excessively burdensome for the USER to address FABRIC BIKE EUROPE S.L. due to a lack of conformity of the products with the sales contract, the USER may claim directly from the producer to obtain replacement or repair of the product.

In general, and without prejudice to the producer's liability ceasing within the same periods and under the same conditions as those established for FABRIC BIKE EUROPE S.L., the producer shall be liable 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 regulations that govern them.

Producer is understood to mean the manufacturer of a product or its importer into the territory of the European Union or any person who presents themselves as such by indicating their name, brand, or other distinctive sign on the product.

Whoever has responded to the USER shall have a period of one year to claim from the party responsible for the lack of conformity. This period is calculated from the moment the remedy was completed.

14. APPLICABLE LAW AND JURISDICTION

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

In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the town of CASTRO URDIALES (Spain).