This contractual document will govern the General Conditions of contracting products or services (hereinafter, “Conditions”) through the website bicitui.es, owned by RIVAS ALMIRON S.L., hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable.
The contracts will 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.
The acceptance of this document implies that the USER:
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the business is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were 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 RIVAS ALMIRON S.L., with registered office at AVDA DE LA CONCORDIA, 94 – BAJO 36700 TUI (Pontevedra), NIF B36980647 and customer service telephone / USER 986602352.
And on the other hand, the USER, registered on the website using a username and password, for which he has full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of purchase and sale between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process.
The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of a specific product or service.
The USER shall select a username and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of the same or possible access by an unauthorized third party, so that the latter proceeds to the immediate blocking.
Once the user account has been created, it is reported that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1.GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall imply the 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.
2.ACTIVATION OF SERVICES
The PROVIDER shall not send any order or activate any service until it has verified that payment has been made.
As the order does not entail the physical delivery of any product, being the contracted services downloaded or activated directly from the website, the PROVIDER shall previously inform the USER regarding the procedure to be followed to perform this download or activation.
Failure to perform the contract at a distance
Delivery dates or deadlines shall be understood to be approximate, and any delay shall not constitute a material breach. In the event that the PROVIDER has not delivered the service, 30 days after the agreed delivery date, due to unavailability of the product or service, the USER shall be informed and shall be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In case of unjustified delay on the part of the PROVIDER with respect to the refund of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for damages suffered in excess of that amount.
In the case of the provision of a service, it will be available from the moment the user has paid for it, being activated according to the PROVIDER’s conditions.
The PROVIDER shall not assume any responsibility when the activation of the service does not take place, due to false, inaccurate or incomplete data provided by the USER.
The provision of the service shall be deemed to have been carried out at the moment the USER has activated the service.
3.RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to make the return and/or claim the possible vices or defects that the product or service presents, both in online mode, as well as offline.
The USER has a period of fourteen calendar days, counted from the date of activation of the service, to return the same (article 71 of Law 3/2014 of 27 March), without prejudice to the special conditions established for rentals.
All long term rentals (4 days or more) cancelled less than one week in advance will be subject to a penalty of 15% of the total rental amount. Rentals of 3 days or less cancelled less than 48 hours in advance will be subject to a penalty of 15% of the total rental amount.
The right of withdrawal may not be applied in the following cases:
All returns must be communicated to the PROVIDER, requesting a return number by means of the form provided for this purpose, or by e-mail to firstname.lastname@example.org, indicating the corresponding invoice or order number.
Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: RIVAS ALMIRON S.L., AVDA DE LA CONCORDIA, 94 – BAJO 36700 TUI (Pontevedra)
Online Dispute Resolution
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the case of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale, except by prior agreement with the PROVIDER.
Should any provision of these conditions be considered null and void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
The USER declares to have read, to know and to accept the present Conditions in all their extension.
7.GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of RIVAS ALMIRON S.L. or to what is stipulated herein, shall have any 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 any reason, the possibility of supplying the products offered is affected.
8.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 cost of shipping, handling, packaging, insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each service are those published on the website and will be 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, 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 be maintained whether the service is available or not.
Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the email address provided by the USER.
For any information regarding the order, the USER may contact the PROVIDER’s customer service telephone number: 986602352 or via e-mail to email@example.com.
There are no transportation costs.
10.FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER offers the following methods of payment for an order:
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/customer accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of the access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brands’ programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
PURCHASE PROCESS Cart (quotation simulation) Any service from our catalog can be added to the cart. In the cart, only the items, quantity, price and total amount will be displayed. Once the basket 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 following the next steps for its correct formalization:
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the order and the approximate activation date.
All services offered through the website are completely original, unless otherwise stated in their description. All have a warranty period of two years, according to the criteria and conditions described in the Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
13.GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on the 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:
The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product.
15.Scope of application.
16.Conformity of the products with the contract.
The lack of conformity resulting from improper installation of the product shall be equated to 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 faulty installation is due to an error in the installation instructions.
There shall be no liability for lack of conformity that the consumer and user knew or could not reasonably have been unaware of at the time of conclusion of the contract or that have their origin in materials supplied by the consumer and user.
17.Incompatibility of actions.
The exercise of the actions contemplated in this title shall be incompatible with the exercise of the actions derived from the remedy for hidden defects of the purchase-sale.
In any case, the consumer and user will have the right, in accordance with the civil and mercantile legislation, to be compensated for the damages derived from the lack of conformity.
18.Liability of the seller and rights of the consumer and user.
The consumer and user has the right to the repair of the product, to its replacement, to the reduction of the price or to the termination of the contract, in accordance with the provisions of this title.
19.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. From the moment 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 the repair or replacement fails to bring the product into conformity with the contract.
20.Legal regime of the repair or replacement of the product.
The repair and replacement shall conform to the following rules:
21.Price reduction and termination of the contract.
The price reduction and the resolution of the contract shall proceed, at the option of the consumer and user, when he could not demand the repair or replacement and in the cases in which these had not been carried out in reasonable time or without major inconveniences for the consumer and user. The resolution shall not proceed when the lack of conformity is of minor importance.
22.Criteria for the 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 such 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.
24.Action against the producer.
When it is impossible for the consumer and user or it is an excessive burden to address the seller for the lack of conformity of the products with the contract may claim directly to the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice that the liability of the producer ceases, 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 it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
Whoever has responded to the consumer and user will have a period of one year to repeat against the person responsible for the lack of conformity. This period shall be calculated from the time when the remedy was completed.
APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the domicile of the USER any dispute that may arise from the provision of the products or services covered by these Conditions.