Terms and conditions

PURCHASE CONDITIONS

GENERAL

These General Conditions regulate electronic purchases made by individuals (hereinafter "Users") through the website www.fabricbike.com (hereinafter, "FabricBike") and will be incorporated into their purchase contract (hereinafter, the "Contract") when they click the "Confirm Order" button at the end of the Purchase Process, and they will be bound from that moment to comply with the provisions therein.

FabricBike may modify these General Terms and Conditions of Purchase at any time. Modifications will not affect purchases made prior to the approval of said modifications, which will be governed by the General Terms and Conditions in effect at the time of those purchases. It is the customer's responsibility to be aware of the General Terms and Conditions of Purchase in effect at the start of the purchase process.

The electronic document formalizing the Contract will be archived by FabricBike and can be consulted through our website, after authentication with your username and password or the means established in each case.

PURCHASE PROCESS

Orders will be placed online through our website 24/7. The purchase process consists of the following steps:

• Product selection: Browse our website and click the "Add to Cart" button each time you want to add a product to your purchase. The shopping cart displays the name of the selected product, as well as any available options and the price in Euros.
• Starting the purchase process: To begin the purchase process, click the "Confirm" button in "Your Shopping Cart," located at the top right of the page. If you are not registered as a user or have not logged in, you will be prompted to do so first.
• Purchase details verification: Before selecting your payment method, you can verify your purchase details and correct any errors made while entering your information. Once you have verified your details, please confirm your order.
• Payment method selection: Select your preferred payment method and click the "Confirm Order" button. The system will then redirect you to your chosen payment platform where you will need to provide all the necessary information for that payment method.
• Once you provide all the necessary information and click the purchase confirmation button, the contract will be formalized for all purposes.
• Purchase confirmation: Once we receive your acceptance, FabricBike will issue an on-screen confirmation that you can save and that will contain the following information:
• - Order number.
• - Order date.
• - Summary of the products included in the purchase.

In any case, FabricBike will issue a purchase confirmation via email within 24 hours. Once the purchase is confirmed, the customer may not modify or cancel the order except in the cases provided for by law or in these General Terms and Conditions.

PRODUCT AVAILABILITY

If, at the time of order processing, we discover that any of the products included in the order are out of stock, we will contact the user to inform them of the estimated delivery time or offer an alternative. If the new delivery time and/or alternative is not satisfactory, we will cancel the order and issue a refund.

Under no circumstances will FabricBike be held responsible for any delivery delays caused by the shipping company. We will make every effort to resolve the issue quickly, but we cannot be held liable in any way.

DELIVERY

FabricBike is committed to delivering the products in perfect condition to the delivery address specified in the order. The user may request delivery of the items to a different address or to a different person than the one who placed the order, provided that the delivery address is located within Spain.

To optimize delivery, please provide an address where the order can be delivered during normal business hours.

If the recipient is not present at the time of delivery, the carrier will leave a notification explaining how to arrange a new delivery. If it is not possible to leave a notification, the carrier will attempt to contact you by phone. If contact cannot be established by phone either, we will send you an email to the address you provided during the purchase process with the carrier's phone number so you can arrange delivery.

Shipping costs for purchased items will be displayed at checkout and will depend on both the destination and the order total. FabricBike reserves the right to modify these conditions.

"Delivery" will be understood to have taken place at the time of signing for receipt of the items at the agreed delivery address.

Although we will do our best to process all orders, there may be exceptional circumstances that prevent us from processing an order after we have sent the Order Confirmation. In this case, we will issue a full refund of the amount paid by you.

Your order will be shipped via courier within 2 to 6 days. All orders over €250 will be shipped free of charge to mainland Spain, the Balearic Islands, and Portugal. Shipping costs will be detailed at the end of the checkout process, once you have entered your shipping address. These costs will depend on the delivery location (mainland Spain and the Balearic Islands, the Canary Islands, Ceuta and Melilla, and Portugal) and will be charged to the customer based on the final purchase amount.

Upon receiving the order, it is mandatory for the buyer to check that everything is in accordance with their order and in perfect condition. If you are not satisfied with the delivered products, please sign and indicate by hand on the delivery note any discrepancies found upon receipt (damaged packaging, discrepancies between delivered packages and those listed on the delivery note, etc.). In case of any issues, we only have 24 hours from the date of receipt of the product to file a claim with the shipping company. After this period, the buyer will be responsible for any resulting costs.

PRICES

FabricBike reserves the right to change its prices at any time. However, we commit to applying the prices in effect as shown on the website, except in cases of typographical errors or omissions, at the time the order is placed, subject to availability on that date.

All prices include VAT applicable on the day of the order; any change in the VAT rate will be automatically applied to the prices of products for sale on FabricBike.

PAYMENT METHODS

The user may pay for the price of the products purchased by any of the following means:

Paypal and debit or credit cards issued by European financial institutions of the following types: Visa, Visa Electron, Mastercard.

Your order payment is processed in real time through the Virtual POS terminal once the provided data has been verified as correct.

FabricBike guarantees that it will treat all payment information with complete security and confidentiality. The card details used for payment are transmitted using SSL encryption. This solution ensures secure communication through a dialogue using encrypted keys. In order to detect and prevent fraudulent transactions and unnecessary inconvenience to our customers, FabricBike has implemented fraud prevention measures and controls. These controls consist of analyzing order characteristics and comparing them with previous fraudulent transactions. Occasionally, to ensure that a transaction is not fraudulent, FabricBike may require you to provide additional information or supplementary data. Refusal to provide this information will prevent FabricBike from carrying out the necessary checks on the authenticity of the order. In such cases, FabricBike reserves the right to cancel the order as fraudulent. Despite our efforts to improve our fraud detection systems, we cannot fully guarantee that a legitimate transaction will not be flagged as fraudulent. If you are affected and your transaction is incorrectly denied, please inform us through the contact methods provided in these General Terms and Conditions so that we can process your request as soon as possible.

Please also note that the payment providers or issuers you use may have implemented additional anti-fraud measures beyond FabricBike's control, which could result in the rejection of certain types of transactions. FabricBike does not control and is not responsible for any damages that may arise from the application of the policies adopted by the various payment providers or issuers.

The use of a means of payment owned by a third party is prohibited except in the case of having the express authorization of said third party, being responsible for proving said authorization and assuming all damages and losses that may occur.

ORDER CANCELLATION

The user may request the cancellation of any order. If the order cancellation is received before the goods have shipped, the customer will not incur any charges. In the case of a cancellation after the order has shipped, the cancellation request will be considered a withdrawal, and the customer will be responsible for both the shipping costs and the return shipping costs.

RETURN OF GOODS

In accordance with current regulations, our policy is to grant users the right to return any item purchased from FabricBike within 7 calendar days of receipt and receive a refund. Within this period, you may return the product(s) along with a copy of the invoice, provided the following requirements are met:

- The product must be in the same condition as when it was delivered and must retain its original packaging and labeling.

The shipment must be made using the same protective cardboard box in which it was received to protect the product. If the original protective box is unavailable, the customer must return it in a protective box to ensure the product is returned in the best possible condition.

- They must not have been used or assembled

- They must contain everything they originally had (accessories, manuals, etc...)

- The original retail packaging must not arrive damaged or with packing tape or shipping labels attached directly to it. It must be properly packaged to ensure this.

Once we receive the product, our technical service will inspect it. If everything is in order, the refund will be issued to the same card used for the purchase. In the case of partial returns (i.e., returns of items purchased in the same order), only the price of the returned items will be refunded.

If the reason for the return is that the item is defective or does not match the order, FabricBike will cover the return shipping costs and the cost of sending a replacement. If the reason for the return is that you are not satisfied with the order, we will refund the purchase price but not the original shipping costs or the return shipping costs. In case of errors in sizing or other attributes, the customer will be responsible for the shipping costs.

FabricBike pays close attention to providing information about the essential characteristics of its products through technical descriptions and photographs. All of this is done within the limits of current technology and in accordance with the highest market standards. All items on the website have measurements and colors that provide an approximation of reality, but these are not 100% accurate. For specific cases, please verify all information with the technical department, as shipping and return costs for returns due to technical issues of this nature will be the responsibility of the customer.

Before making a return, you must notify our Customer Service department by sending an email to [email address missing] stating your reasons and attaching all the details of the purchase: name, address, product name(s), and purchase date and amount. Once we receive your notification, we will contact you to inform you how to proceed and which courier service to use.

WARRANTY FOR PURCHASED PRODUCTS

In accordance with Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users, FabricBike establishes the guarantee of products purchased through its website.

Article 1. General Considerations.

1.1 FabricBike guarantees that the products marketed under its trademarks are free from defects in construction covered in all cases by the conditions of the guarantee.

1.2 The warranty may only be exercised by the original owner who made the purchase of the product or owner and is not transferable.

1.3 This warranty extends from the date of delivery of the product, for the period established by law.

Article 2. Duration.

2.1. The WARRANTY for our products, as well as some of their parts and components, is two (2) years from the delivery of the goods, provided that during this time the defect arising is not due to normal wear and tear, as occurs in the following components detailed below, which have a warranty of six (6) months:

• Transmission components (chainring, crank, chain, headset and bottom bracket)
• Wheels (Inner tube, tire, hub and sprockets)
• Other (Handlebar tape, grips, brake pads, saddle, pedals and straps)

Any issues related to any of the aforementioned components will be considered as a result of wear and tear and will not be covered by the purchase warranty.

Article 3. Exclusions.

3.1. The manufacturer will not be liable, and the product warranty will be voided, in the event of:

• Normal use and wear of the product and its components.
• Damage caused by improper use or handling of the product.
• Improper assembly.
• Inadequate monitoring and maintenance.
• Installation of components, parts or accessories that were not designed for or compatible with the bicycle as sold.
• Damage or failure due to accidents, misuse, abuse, or negligence
• Labor charges for parts replacement or conversion
• Use of components from other manufacturers.
• Repair at an unofficial service center.
• Failure to present a purchase invoice.
• Warranty expiration.

Article 4. Invalidity

This warranty is voided in its entirety by any modification of the frame or components. This warranty is expressly limited to the repair or replacement of the defective item, and such repair or replacement is the sole remedy under this warranty.

Article 5. Execution of the Guarantee.

Warranty repairs will be carried out upon presentation of the purchase invoice with the bicycle's frame number.

Article 6. Claims.

Any warranty claim must be made through a FabricBike or authorized dealer. A purchase invoice showing the product's VIN is required to validate the warranty.

Article 7. Conditions of use and execution of the Guarantee.

7.1 It is mandatory to follow the requirements of the user manual.

7.2 Once the seller (store) and/or the buyer (user) receives the merchandise, any damage to the cardboard box and/or quality issues caused during transport must be reported to the manufacturer within the first 24 hours, which is considered sufficient time for the detection of visual defects. A written report with photographs must be submitted to the manufacturer, who will respond within 48 hours.

7.3 The defective part, which causes the problem of the complaint, must be sent to the manufacturer who, once it has been confirmed that the cause is due to a quality problem in manufacturing, will take charge of the transport costs.

7.4 For better product control, the manufacturer has the obligation to provide certain information relating to the seller, such as the frame code, the controller code, the motor number, the battery number; otherwise, the seller will retain the right to refuse to supply parts free of charge.

Article 8. Responsibilities.

FabricBike's responsibility never extends beyond the conditions described in this warranty.

FabricBike is responsible for any lack of conformity that becomes apparent within two years of delivery.

In the event of non-conformity, you must inform us within two months of becoming aware of it by sending an email with your details, your purchase invoice number, and a description of the problem. Failure to meet this deadline will not void the warranty, but you will still be liable for any damages or losses incurred as a result of the delay in notification.

The instructions for the correct use or installation of the product, as well as the warranty documentation included by the manufacturers, must be read by the buyer.

For any questions or requests for information, you can contact Customer Service or by email.

WARRANTY COVERAGE FOR ELECTRIC BICYCLES

• Battery: Fabricbike warrants the electric bike battery to the original purchaser for two years from the original purchase date or up to 500 charge cycles, whichever comes first. Batteries are designed to retain up to 80% of their original capacity during that time. LEGAL NOTICE: Disassembling or opening the battery for any reason will immediately void the warranty.
• Electrical Components: Fabricbike will cover the electrical components of the original purchaser's electric bicycle for two (2) years from the date of the original purchase.
• Labor and Transportation: This warranty does not cover labor or transportation costs. The company is not liable for consequential or special damages. This warranty applies only to the original purchaser, who must present proof of purchase to validate any claim. This warranty applies only to defective components and does not cover the effects of normal wear and tear, damage caused by accidents, misuse, excessive loads, negligence, improper assembly or maintenance, or the addition of any element incompatible with the intended use of the bicycle.

No bicycle is indestructible, and no claims will be accepted for damage caused by misuse, competition, stunts, ramp jumping, or similar activities. Claims must be submitted through your dealer. Your statutory rights are not affected. The company reserves the right to change any specifications without prior notice.

LIABILITY AND EXEMPTION FROM LIABILITY

Unless expressly stated otherwise in these Terms, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of that product.

FabricBike reserves the right to update, modify or delete information contained on its website.

FabricBike is not responsible for the consequences that may result from improper use of the products sold on our website.

Under no circumstances will FabricBike be held liable for any damage or loss of any kind arising from, or in connection with, the use of this website.

FabricBike does not guarantee uninterrupted or error-free access to the website.

Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless expressly stated otherwise herein.

You must indemnify FabricBike against any damage or loss resulting from your breach of these terms and conditions or from your use of the content of this website without prior authorization.

If any provision of these terms and conditions is or becomes invalid or unenforceable under applicable law, such provision shall be ineffective only to the extent of such invalidity or unenforceability, and shall not affect any other provision of these terms and conditions.

FabricBike is not responsible for the non-execution of these conditions in the event of force majeure, as defined by the Spanish courts, and in the event of customer negligence or an unforeseeable event by a person outside the contract.

FabricBike cannot be held liable by a customer or a third party for indirect damages, operating losses or loss of profits, regardless of the means involved, even if such damage, loss or harm was foreseeable by FabricBike or if its possibility had been brought to its attention.

These terms of use shall be interpreted and governed by current Spanish law. Any dispute arising from these terms shall be resolved in the courts of Santander, Spain. However, this shall not prevent FabricBike from exercising its right to resolve any dispute in any other competent jurisdiction.

In the event of a dispute, the customer may first contact FabricBike to reach an amicable resolution.

The provisions of this clause will not affect your statutory rights as a consumer and user, nor your right to withdraw from the Contract.

WRITTEN COMMUNICATIONS

Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most of our communications with you will be electronic. We will contact you by email or provide information by posting notices on our website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we send you electronically satisfy the legal requirement that such communications be in writing. This condition will not affect your statutory rights.

NOTIFICATIONS

Notifications you send to us should preferably be sent via email. Notifications will be deemed received and properly delivered as soon as they are posted on our website, 24 hours after the email has been sent.

APPLICABLE LAW AND JURISDICTION

The use of our website and contracts for the purchase of products through this website will be governed by Spanish law.

Any dispute arising out of or relating to the use of the website or to these contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation grants you as such.

COMMENTS AND SUGGESTIONS

Your comments and suggestions are welcome. Please send them to us via email.

In addition, we have official complaint forms available for consumers and users. You can request them by calling us or sending us an email.

YOUR DATA AND VISITS TO THIS WEBSITE

The personal information or data you provide to us will be processed in accordance with our Privacy Policy. By using this website, you consent to the processing of such information and data and declare that all information or data you provide is truthful and accurate.

LEGAL NOTICE USER REGISTRATION

To facilitate online purchases and avoid asking customers for the same information each time they make a new purchase, it is necessary to register as a Portal user. This user registration can be completed at any time through the "Login" section or during the purchase process itself. Upon completion of the registration process, you will receive an email confirming that the process has been successfully completed.

You can access the registered users section with your username and password, or through any other authentication methods FabricBike provides. Associated with your user registration, FabricBike may use cookies or similar technologies to record your browsing preferences and identify you when you connect from the same device.

Registration as a FabricBike user is free and requires no conditions or payment. You can unsubscribe at any time by sending an email. Unsubscribing will result in the deletion of your personal user data and will prevent you from making online purchases in the future until you re-register.

USER OBLIGATIONS

The User is obligated to guarantee the truthfulness and accuracy of the registration data entered into FabricBike's information systems and to carry out any necessary updates. In any case, the User will be solely responsible for any false or inaccurate statements made and for any damages caused to FabricBike or third parties as a result of the information provided.

Make good use of the content, information and services provided from or through the WEBSITE, in accordance with the law, good faith and generally accepted good customs.

PRIVACY POLICY

Each time you use our website, you will be subject to the Privacy Policy in force at that time, and you should review this text to ensure that you agree with it.

1. The personal data you provide will be processed in a file under the responsibility of FabricBike. The purposes of this processing are as follows: FabricBike Europe SL, with registered office at C/Silvestre Ochoa 25-3, 2A, Castro Urdiales, Cantabria, as the data controller, undertakes to respect the confidentiality of your personal information and guarantee the exercise of your rights of access, rectification, erasure, and objection. You may exercise these rights by sending a letter to the address indicated above or by sending an email. In both cases, please include a photocopy of your national identity document, passport, or other valid identification document. If you decide to exercise these rights and your email address is among the personal data you have provided, we would appreciate it if you would specifically mention this in your communication, indicating the email address to which your request for access, rectification, erasure, or objection pertains.
   1. The development, fulfillment and execution of the purchase agreement for the products you have acquired
   2. Attend to the requests you make to us.
   3. To provide you with information about FabricBike products, including, in relation to such products, sending commercial communications by email or any other equivalent electronic means of communication (such as SMS) as well as through making telephone calls.
   4. If you choose to save your card details, you expressly authorize us to process the data indicated as necessary for activation and operation. The card's CVV code is only used to complete the current purchase and will not be stored or processed subsequently as part of your card details.
   5. By consenting to activate this feature, your data will be automatically filled in for subsequent purchases, so you will not need to enter your data in each new process, and it will be considered valid and current for subsequent purchases.
   6. You can modify your cards, as well as revoke your consent for processing, at any time.
   7. FabricBike stores and transmits your card data in accordance with leading international confidentiality and security standards for credit and debit cards.
   8. For security reasons, using this feature may require you to change your password. Remember that website security also depends on your proper use and safeguarding of certain confidential passwords.

2. Fabric Bike Europe SL, with registered office at C/Silvestre Ochoa 25-3, 2A, Castro Urdiales, Cantabria, as the data controller, undertakes to respect the confidentiality of your personal information and guarantee the exercise of your rights of access, rectification, erasure, and objection. You may exercise these rights by sending a letter to the address indicated above or by sending an email. In both cases, please include a photocopy of your national identity document, passport, or other valid identification document. If you decide to exercise these rights and your email address is among the personal data you have provided, we would appreciate it if you would specifically mention this in your communication, indicating the email address to which your request for access, rectification, erasure, or objection pertains.

3. The user hereby guarantees that the personal data provided is true and accurate and undertakes to notify any changes or modifications to it. Any loss or damage caused to the site, the person responsible for the website, or any third party through the communication of erroneous, inaccurate, or incomplete information in the registration forms will be the sole responsibility of the user.

SITE USAGE RULES

The user agrees to use the Website and the Content and/or Services incorporated therein diligently and correctly. Furthermore, the user agrees not to use the Website:

• for carrying out activities contrary to the law, morality, accepted good customs or established public order and
• for illicit, prohibited or harmful purposes or effects affecting the rights and interests of third parties, FabricBike declining any responsibility that may arise from the above.

The user acknowledges and agrees that the use of the Website and its Content and/or Services will be for strictly personal, private, and individual purposes. The user is expressly prohibited from authorizing third parties to use the Website, in whole or in part, or from incorporating the Content and/or Services into their own business activities. The use or application of any technical, logical, or technological resources by which users may benefit, directly or indirectly, for profit or otherwise, from the unauthorized exploitation of the Content and/or Services or the Website itself is expressly prohibited.

The user agrees not to damage, disable or impair the computer equipment and systems or telecommunications equipment of FabricBike or any third parties, nor the content incorporated and/or stored in them.

The user agrees to refrain from using the Content and Services in any way that may damage, disable, overload or impair the Website or prevent the normal use or enjoyment of it by other users.

The user agrees not to modify FabricBike's equipment and systems in any way, nor to use modified versions of equipment and systems in order to gain unauthorized access to any Service and/or Content of the Website.

The user agrees not to interfere with or disrupt access to and use of the Website, servers or networks connected to it, or violate the requirements, procedures and regulations of the network connection policy.

INTELLECTUAL PROPERTY RIGHTS, INDUSTRIAL RIGHTS AND OTHER RIGHTS

Applicable Legislation

This Website, as well as the Content, Services and elements integrated into it, are owned or controlled by FabricBike, and are protected, without limitation, by the intellectual and industrial property laws of the Kingdom of Spain and by the international Treaties and Conventions that may be applicable.

Owned by FabricBike

FabricBike is the exclusive owner of all intellectual property, industrial property, and similar rights that may apply to the Website. Likewise, FabricBike reserves all rights to any Content, Services, or elements of its property that are incorporated into the Website, including, but not limited to:

• those elements that make up the visual appearance, graphic image and other sensory stimuli of the web pages that make up the Website;
• navigation architecture;
• the source code of web pages;
• photographs,
• recordings,
• computer programs,
• database,
• technology,
• logos and
• distinctive signs.

All of this, taken together, will henceforth be referred to as the "Property".

Third Party Property

The user acknowledges and accepts that the Website contains Content and Services owned by third parties whose rights are protected by applicable legislation regarding intellectual property, industrial property, rights to exploit the commercial and advertising value of the image and other similar rights, as the case may be.

Reservation of Rights

The user agrees not to remove, delete, alter, manipulate or in any way modify:

• Those notes, legends, indications or symbols that the legitimate holders of the rights incorporate into their properties in matters of intellectual or industrial property (such as copyright, ©, ® and ™, etc.).
• The technical protection or identification devices that the Content may contain (such as watermarks, fingerprints, etc.).

All software and content on the WEBSITE, including: html code, texts, animations, images, etc., as well as the trademarks, trade names and/or distinctive signs displayed, are the property of FabricBike or third parties and are protected by national and international intellectual and industrial property laws.

Any use outside of the WEBSITE, including reproduction, modification, distribution, transmission, republication, arrangement or representation of any elements thereof is strictly prohibited without the express written consent of FabricBike.

APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed and interpreted in all respects by Spanish Law.

Both FabricBike and the User agree to try to resolve amicably any disagreement that may arise in the course of their business relationship.

For the resolution of any litigious issues that may arise from the development of their commercial relations, both parties agree to submit to the jurisdiction of the Courts and Tribunals of Santander, expressly waiving their own jurisdiction.