Terms and Conditions

Introduction

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:

You have read, understand and comprehend the foregoing.
You are a person with sufficient capacity to contract.
Assumes all obligations set forth herein.

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.

Contracting 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 treated 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 the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

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:

General contracting clauses.
Activation of services.
Right of withdrawal.
Claims.
Force majeure.
Jurisdiction.
Generalities of the offer.
Price and period of validity of the bid.
Transport costs.
Method of payment, costs and discounts.
Purchasing process.
Applicable warranties.
Warranties and returns.
Applicable Law and Jurisdiction.

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:

In the provision of services, once the service has been fully executed, when the execution has begun, with prior express consent of the PROVIDER and USER and with the acknowledgement on their part that they are aware that, once the contract has been fully executed by the PROVIDER, they will have lost their right of withdrawal.
In the activation of the service whose price depends on financial market fluctuations that the PROVIDER cannot control and that may occur during the withdrawal period.
In the provision of services tailored to the USER’s specifications or clearly personalized.
In the provision of accommodation services for purposes other than housing, transportation of products, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.

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 bicitui@hotmail.com, indicating the corresponding invoice or order number.

4.CLAIMS

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)

Telephone: 986602352

Mail: bicitui@hotmail.com

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/

5.FORCE MAJEURE

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.

6.COMPETENCE

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 bicitui@hotmail.com.

9.TRANSPORTATION COSTS

There are no transportation costs.

10.FORMS OF PAYMENT, CHARGES AND DISCOUNTS

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

Bank transfer

Credit/debit card

Paypal

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:

– Verification of the invoicing data.
– Verification of the method of service provision (activation…).
– Selection of the payment method.
– Placing the order (purchase).

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.

12.APPLICABLE WARRANTIES

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:

14.General principles.

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.

They are included in the scope of application of this title the contracts of sale of products and the contracts of supply of products to be produced or manufactured.
The provisions of this Title shall not apply to products acquired by judicial sale, to water or gas, when they are not packaged for sale in delimited volume or determined quantities, and to electricity. Nor shall it apply to second-hand products acquired at administrative auctions which consumers and users may attend in person.

16.Conformity of the products with the contract.

In the absence of proof to the contrary, it shall be understood that the products are in conformity with the contract provided that they meet all the requirements expressed below, unless due to the circumstances of the case any of them is not applicable:
They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
They are suitable for the uses to which the products of the same type are normally destined.
Are suitable for any special use required by the consumer and user when he has made it known to the seller at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for such use.
They present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, public statements on the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or labeling. The seller shall not be bound by such public statements if he proves that he was unaware and could not reasonably be expected to have been aware of the statement in question, that such statement had been corrected at the time of conclusion of the contract or that such statement could not have influenced the decision to purchase the product.

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.

It will be considered disproportionate the form of remedy that in comparison with the other, imposes on the seller costs that are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of remedy could be performed 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 considerably higher than the costs for the other form of remedy.

20.Legal regime of the repair or replacement of the product.

The repair and replacement shall conform to 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, especially shipping costs, as well as costs related to labor and materials.
They must 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 they had for the consumer and user.
The repair suspends the computation of the periods referred to in article 123. The period of suspension will begin from the moment the consumer and user places the product at the disposal of the seller and will end with the delivery to the consumer and user of the repaired product. During the six months following the delivery of the repaired product, the seller shall be liable for the lack of conformity that motivated the repair, being presumed to be the same lack of conformity when defects of the same origin as those initially manifested 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 price reduction or the termination of the contract under the terms provided in this chapter.
The substitution 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. To the substitute product it will be of application, in any case, the article 123.1, second paragraph.
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 price reduction or termination of the contract under the terms provided 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.

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.

23.Deadlines.

The seller is liable for any lack of conformity that becomes apparent within a period of two years from delivery. In the case of second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from 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 proven otherwise, the delivery is understood to have been made on the day shown on the invoice or receipt of purchase, or on the corresponding delivery note if this is later.
The seller is obliged to deliver to the consumer or user who exercises his right to repair or replacement, documentary evidence of the delivery of the product, stating the date of delivery and the lack of conformity that gives rise to the exercise of the right.
In the same way, together with the repaired or replaced product, the seller will deliver to the consumer or user documentary justification of the delivery in which the date of delivery and, where appropriate, the repair made.
The action to claim compliance with the provisions of Chapter II of this title will prescribe three years from the 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. Failure to comply with this period shall not entail the loss of the right to the corresponding remedy, the consumer and user being liable, however, for the damages actually caused by the delay in communication.
In the absence of proof to the contrary, it shall be understood that the communication of the consumer and user has taken place within the established term.

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.