GENERAL CONDITIONS OF PURCHASE

GENERAL CONDITIONS OF PURCHASE

Introduction

This document will govern the General Conditions of Purchase of products or services (hereafter, “Conditions”) through the website www.eltincycling.com, belonging to Eltin Sport, S.L., hereafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions may be modified at any time. It is the USER’S responsibility to read them regularly, since those that are in force at the time the order is placed will apply.

Contracts will not be subject to any formality other than the circumstances expressly set out in the Civil and Commercial Codes and in this or other special laws.

The acceptance of this document implies that the USER:

• Has read, understands and accepts the information contained herein.
• Is a person with sufficient capacity to make a purchase.
• Accepts all of the obligations stated herein.

These conditions will be valid for an indefinite period of time and will apply to all purchases made through the PROVIDER’S website.

THE PROVIDER advises that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.

Identity of the contracting parties

On one side, the PROVIDER of the products or services contracted by the USER is Eltin Sport, S.L., with registered office in Plaza de la Concordia, 2 - Bajo 46900 Torrente (Valencia), NIF(Tax ID) B40578817 and with customer service telephone number +34 96 313 45 59.

And on the other, the USER, registered on the website with a username and password, of which he/she holds full responsibility for its use and safekeeping, and is responsible for the accuracy of the personal details supplied to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER at the moment in which the user checks the appropriate box during the purchase process.

The contractual trade relationship involves the delivery of a specific product or service, in exchange for a specific price which is publicly displayed on the website.

This website only permits the sale of items marked with specific and publicly displayed prices.

Purchase procedure

In order to access the products or services offered by the PROVIDER, the USER must be of legal age and place the order through the PROVIDER'S website. Therefore, the USER must freely and voluntarily provide the personal data required during the purchase process, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27th April 2016 (GDPR), on the protection of individuals with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5th December (LOPDGDD) on the protection of personal data as detailed in the Legal Notice and in the Privacy Policy on this website.

During the purchase process, the USER will be able to create a “user account”, choosing a username and password, committing to make diligent use of them and to not make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorised third party so that the PROVIDER can block them immediately. THE PROVIDER reserves the right to cancel a user’s login account if it detects acts in the use of this service that are fraudulent, speculative or in bad faith.

How to make a purchase:

1. Add the desired products to the basket or “Shopping bag”.
2. From the Shopping Bag, select the PROCEED TO CHECKOUT option and, at that time, you will be asked to enter your login credentials or you will have the option to make the purchase as a guest without the need to create a user account.
3. Enter and confirm the delivery and billing addresses.
4. Choose the delivery method.
5. Choose the payment method (you will have the option of reading the general conditions of sale).
6. Make the payment using one of the payment methods described.

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER's e-mail confirming that the order has been placed correctly.

Thus, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), you are informed of the following conditions of purchase:

1. General clauses of procurement.
2. General information regarding the offer.
3. Price and period of validity of the offer.
4. Purchase process.
5. Payment method, fees and discounts.
6. Delivery of orders.
7. Delivery costs.
8. Right of withdrawal, exchanges and returns.
9. Complaints.
10. Force majeure.
11. Competence.
12. Applicable warranties.
13. Applicable law and jurisdiction.

1. GENERAL CLAUSES OF PROCUREMENT

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

2. GENERAL INFORMATION REGARDING THE OFFER

All sales and deliveries carried out by the PROVIDER will be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of Eltin Sport, S.L. or stipulated here, will take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these specific agreements will prevail.

Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, without affecting the value of the products offered. These modifications will be equally valid if, for any reason, the ability to supply the products offered is affected.

3. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices quoted for each product include Value Added Tax (VAT) or any other taxes that may apply. These prices, unless expressly stated otherwise, do not include costs of shipping, handling, packaging, insurance for shipping or any other additional services and attachments to the product or service purchased.

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

Before making a purchase, you will be able to check all the details of the quote on-line: items, quantity, price, availability, shipping costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily until the order is placed.

Once the order has been placed, prices will be maintained regardless of whether the product is available or not.

All payments made to the PROVIDER entail the issuing of an invoice in the name of the registered USER or in the business name that they stated at the time of placing the order. This invoice will be sent with the purchased product, as well as in PDF format to the email address provided by the USER.

For any information regarding the order, the USER may contact the PROVIDER using the customer service telephone number: +34 96 313 45 59 or by email to the address [email protected].

4. BASKET / SHOPPING BAG (SIMULATION OF COST ESTIMATE)

Any product from our catalogue can be added to the basket or “shopping bag”. In it, you will only see the items, quantity, price and total amount. Once the basket has been saved, the taxes, fees and discounts will be calculated in accordance with the payment and delivery details entered.

Baskets are not administratively binding, it is just a section where you can simulate the cost estimate without any obligation to either party.

The purchase process can be started from the basket and formalised correctly by following the steps below:

1. Enter and confirm delivery and billing information.
2. Choose the delivery method.
3. Choose the payment method.
4. Make the payment.

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER's e-mail confirming that the order has been placed correctly.

5. PAYMENT METHODS, FEES AND DISCOUNTS

The PROVIDER makes the following payment methods available for orders:

• Credit or debit card: Visa®, Mastercard®, American Express®, 4B or 4B Maestro
• PayPal
• Bizum

Security measures

The website uses information security techniques, generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the objective of preventing unauthorised access to the data. To achieve these aims, the user/customer accepts that the provider will obtain data for the purpose of the corresponding access control authentication.

The PROVIDER undertakes not to allow any transaction that is or is deemed to be illegal by the credit card brands or the acquiring bank, which may have or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the programmes of the branded cards: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.

6. DELIVERY OF ORDERS

THE PROVIDER will not ship any order until it has been verified that payment has been made. The transport company that will deliver the products is Envialia.

The default delivery method will be by express courier with the following approximate delivery times.

• Spain and Portugal Peninsular: 24/48 hours (working days).
• Baleares, Ceuta and Melilla: 48/72 hours (working days).
• Canary Islands (Maritime shipping): 6 to 12 working days.
• Rest of Europe: 3 to 5 working days

Only orders with shipping to the geographical areas described above will be accepted, until further notice.

Delivery dates or times will be understood to be approximate and delays do not constitute a fundamental breach.

The delivery times described will be effective provided that the customer can be contacted at the place of delivery during that period, in which case the products will be understood to be delivered on the date on which THE PROVIDER makes them available at the place of delivery through the courier/parcel service.

The delivery will be deemed to have taken place at the time the carrier has made the products available to the USER and he/she, or his/her representative, has signed the delivery receipt.

In the event that the PROVIDER has not delivered the goods within 30 days of the agreed delivery date, the user will be entitled to cancel the order and will receive a refund of the total amount paid at no additional cost, and without any liability for damages being attributable to the PROVIDER.

You must ensure you are able to take receipt of the Order, without any undue delay and in the reasonably established time period. If you are not available to take receipt of the Order, the transport company will provide instructions for you to follow for it to be delivered again or for the parcel to be collected from the courier’s office.

The order sent will be cancelled and returned to our premises if it has not been possible to make the delivery or contact the customer within 10 business days after the first failed delivery attempt. Orders that have been paid for and returned after several delivery attempts by the transport agency will be refunded, minus the costs incurred by the transport.

Orders will not be delivered to P.O. boxes.

THE PROVIDER will not accept any liability for the failure to deliver the product or service, resulting from false, inaccurate, incomplete data provided by the USER.

It is the USER's responsibility to verify the products upon receipt and state all the exceptions and claims that may be justified on the delivery receipt document. Make sure you do not damage the contents of the parcel when opening it, especially if using sharp instruments.

7. DELIVERY COSTS

Prices do not include costs of delivery, installation or assembly, or additional features, unless expressly agreed otherwise in writing.

Postage will be calculated automatically during the purchase process, when the user enters the delivery address.

Any costs and taxes that may accrue during any transaction are borne by the customer who is responsible for their payment.

For orders up to 10kg in weight:

• Shipping to France, Spain and Portugal (except Islands): €3.99 - Free on orders over €29
• Shipping to the Balearic Islands, Ceuta and Melilla: €8.99 - Free on orders over €89
• Shipping to the Canary Islands: €10.99 - Free on orders over €89
• Shipping to rest of Europe & UK: Free on orders over €89

For all other orders, the maximum transport costs applied will be as follows:

Delivery costs for Mainland Spain and Portugal:

• Up to 15 kg: 6,10 €
• Up to 20 kg: 7,70 €
• Up to 25 kg: 9,05 €
• Up to 30 kg: 10,40 €
• Additional Kg: 0.52 €

Delivery costs for Balearic Islands

• Additional Kg: €4.00

8. RIGHT OF WITHDRAWAL, EXCHANGES AND RETURNS

Our main objective is the satisfaction of our customers. Therefore, we want to ensure that the product you buy in our store always meets your expectations.

Exercising the right of withdrawal from the purchase

Remember that the right of withdrawal by the user applies to all products within a period of 15 days from the time the consumer and user or third party, other than the carrier and indicated by the consumer, acquires the material possession of each of the goods ordered.

In the case of delivery of multiple goods ordered by the consumer/user in the same order and delivered separately, the day that this individual or third party, other than the carrier and indicated by them, acquires the material possession of the last of the items).

In the case of delivery of an item comprising multiple components or parts, the day on which the consumer and user or third party, other than the courier and indicated by them, acquires the material possession of the last component or part.

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

1. If the product is not in perfect condition.
2. If the packaging of the product is not the original and is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, the use of seals and adhesive tapes applied directly to it is prohibited.
3. When the product is open without being able to demonstrate that it has not been used.
4. When products are customised or those which, for hygiene reasons or other exceptions set out in law, are not subject to this law.

You can return the product for the following reasons:

• Return of faulty or damaged products.
• Return due to error of the size ordered.
• Return for other reasons (the product does not meet your expectations, you found the same item cheaper,...)

Return of faulty / damaged products

We do our best to deliver the products in an optimum condition. However, if you receive a product that you deem to be faulty or damaged, you should preserve it in its current condition so we can check it within a reasonable period of time.

In the event that the product is faulty, the PROVIDER must, as applicable, replace, reduce the price or cancel the contract, arrangements that will be free of charge for the consumer and user.

The customer and user must inform THE PROVIDER of the lack of conformity within 24 hours of them becoming aware of it.

With the aim of being able to offer the best solution regarding the faulty product, we may need your collaboration and ask you to provide us quickly with a reasonably detailed explanation of the faults or damage apparent on the Product.

Return due to error of the size ordered

In the event of a return due to a size error, you must request the return by following the steps outlined below and make a new purchase with the correct size.

RETURN INSTRUCTIONS

You should bear in mind the following return instructions. It is your responsibility to strictly obey these instructions.

If, as stated, you would like us to reimburse the amount paid, you should ensure that the product:

• Has not been used incorrectly or negligently, has not been handled incorrectly or recklessly and has not been subjected to abnormal or harmful conditions.
• Has not been involved in any accident or been damaged when trying to repair or modify it.
• Has not been used contrary to the manufacturer’s product instructions.
• Has not been damaged by natural wear and tear after its receipt.
• Is not used and you later want to return it.

If the product does not comply with any of the aforementioned requirements, THE PROVIDER will reject the refund of the amount paid. THE PROVIDER may also request, with prior notice via email, that the user reimburses the total costs of inspection, labour, materials and other costs as well as the transport costs actually incurred. In order to recover these costs, THE PROVIDER may charge the aforementioned amounts to your credit or debit card account or use the payment details provided when the Order was placed.

Returns process

If the right of withdrawal applies, the user and customer must follow the steps below:

1. Go to the “My orders” section within “My account”
2. Identify the order that contains the item you wish to return and click on the “Data” link in the last column.
3. Once inside, you should select the products you wish to return.
4. Add the reasons for the return in the field that you can find underneath the list of products in the order (optional).
5. Click on the “Request return” button

Once your return request has been validated, the transport company will contact you to collect the parcel free of charge with the product to be returned at the address you provide them.

Collection of the product will be managed by the same company that delivered it and the direct costs arising from this return will be borne by THE PROVIDER. The customer is free to manage the collection of the product with a different transport company than the one suggested by THE PROVIDER. In this case, the customer must bear the costs and claim directly against the carrier chosen by them in the event that the product does not reach THE PROVIDER’S premises.

THE PROVIDER will refund the amount paid by the user, including, if applicable, the delivery costs, within 14 days of the return of the item/s and once the product/s have been checked against the aforementioned cases in which the right of withdrawal would be nullified. It is therefore recommended that you check the goods before opening and handling them.

However, THE PROVIDER may withhold the reimbursement until it receives the goods, or until You have presented proof of return of the goods, whichever is the earliest. The amount corresponding to the shipping cost will be refunded provided that this transport is the standard one used by THE PROVIDER. If the transport chosen is one of those offered by the company, but different to the standard one or the transport is managed by the customer themselves, the amount paid corresponding to the product price will be refunded, but we will not bear the transport costs incurred by the customer.

The USER has the same rights and deadlines for returning and/or reporting possible flaws or defects in the product or service, whether purchased online or offline.

The refund of the purchase price will be made upon receipt of the item by the PROVIDER within the maximum period of 30 days, after checking the condition of the goods which, as stated above, must not have been used and must be in their original packaging.

9. COMPLAINTS

Any complaint that the USER deems to be appropriate will be dealt with as soon as possible, and can be made to the following addresses:

Postal address: Eltin Sport, S.L., Plaza de la Concordia, 2 - Bajo 46900 Torrente (València)

Email: [email protected]

Online Dispute Resolution (ODR)

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online platform for the resolution of disputes between the USER and the PROVIDER, without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

10. FORCE MAJEURE

The parties will not be liable for any failure due to force majeure. Fulfilment of the obligation will be delayed until the force majeure has ceased to exist.

11. COMPETENCE

The USER cannot assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.

If any provision of these conditions is deemed null or impossible to fulfil, the validity, legality and fulfilment of the remaining conditions will not be affected or modified in any way.

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

12. APPLICABLE WARRANTIES

All of the products offered on the website are completely original, unless stated otherwise in their description. They all have a two year warranty period in accordance with the criteria and conditions described in the Spanish Royal Legislative Decree 1/2007 of 16th November, approving the codified text of the General Law for the Defence of Consumers and Users and other complementary laws.

The product warranties offered will comply with the following articles of the above-mentioned Royal Decree.

Article 114. General principles.

The seller is obliged to deliver the products that are in conformity with the contract to the consumer and user, being liable for any non-conformity that exists at the time the product is delivered.

Article 115. Scope of application

1. The scope of this title includes contracts for the purchase and sale of products and contracts for the supply of products that have to be produced or manufactured.

2. The provisions in this title will not apply to products purchased through a bankruptcy sale, to water or gas, where they are not put up for sale in a limited volume or set quantity, and to electricity. Moreover, they will not apply to second-hand products purchased at administrative auctions at which consumers and users can personally attend.

Article 116. Conformity of the products with the contract.

1. Unless proven otherwise, products will be deemed to conform with the contract provided that they fulfil all of the requirements set out below, unless the circumstances of the case deem any of them inapplicable:

a) They match the description given by the seller and possess the qualities of the product that the seller has held out to the consumer and user as a sample or model.

b) They are fit for the purpose for which products of the same type would ordinarily be used.

c) They are fit for any special use required by the consumer and user when the seller has been informed at the time of conclusion of the contract, provided that they have accepted that the product is fit for such use.

d) They show the quality and performance which are normal in products of the same type that the consumer and user can reasonably expect, given the nature of the product and, if applicable, taking into account any public statements on the specific characteristics of the products made by the seller, the producer or their representative, particularly in advertising or on labelling. The seller will not be bound by such public statements if they can show that they were not, and could not reasonably have been, aware of the statement in question, that the statement had been corrected at the time of conclusion of the contract or that the decision to buy the product could not have been influenced by the statement.

2. The lack of conformity resulting from the incorrect installation of the product will be considered as a lack of conformity of the product where the installation forms part of the sales or supply contract regulated in article 115.1 and has been installed by the seller or under their responsibility, or by the consumer and user where the incorrect installation is due to a shortcoming in the installation instructions.

3. No liability will be accepted for any lack of conformity of which the consumer and user is aware or has not reasonably been able to ignore at the time the contract is concluded, or which is caused by materials provided by the consumer and user.

Article 117. Incompatibility of rights.

Exercising the rights included in this title will be incompatible with exercising the rights derived from remedying hidden defects of the sale.

In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated for damages derived from the lack of conformity.

Article 118. Responsibility 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, the reduction in price or termination of the contract, in accordance with the provisions of this title.

Article 119. Repair and replacement of the product.

1. If the product is not in conformity with the contract, the consumer and user will be entitled to the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment that the consumer and user notifies the seller of the chosen option, both parties must abide by it. The decision of the consumer and user is without prejudice to the provisions of the following Article in the event that the repair or replacement fails to bring the product into conformity with the contract.

2. A remedy will be deemed to be disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative remedy could be completed without significant inconvenience to the consumer and user.

In order to determine whether the costs are unreasonable, the costs of one remedy should be, in addition, significantly higher than the costs of the other remedy.

Article 120. Legal framework of the repair or replacement of the product.

Repair and replacement will comply with the following rules:

a) They will be free of charge for the consumer and user. The term ‘free of charge’ includes the necessary costs incurred to remedy the lack of conformity of the products with the contract, particularly the shipping costs, as well as the costs in relation to labour and materials.

b) They should take place within a reasonable time and without significant inconvenience for the consumer and user, taking into account the nature of the products and the purpose for which the consumer and user required the product.

c) The repair suspends the time limits referred to in Article 123. The period of suspension will begin from when the consumer and user makes the product available to the seller and will end with the delivery to the consumer and user of the repaired product. For six months after the delivery of the repaired product, the seller will be liable for any lack of conformity which caused the repair, on the assumption that it is the same lack of conformity when defects recur of the same origin as those that were initially demonstrated.

d) If the product has been repaired and delivered but is still not in conformity with the contract, the consumer and user is entitled to the replacement of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided for in this chapter.

e) The replacement suspends the time periods referred to in Article 123 from exercising the option by the consumer and user until the delivery of the new product. In all cases, the second paragraph of Article 123.1 will apply to the replacement product.

f) If the replacement product does not succeed in bringing the product into conformity with the contract, the consumer and user is entitled to the repair of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided for in this chapter.

g) The consumer and user will not be entitled to replacement in the case of non-fungible products, or in the case of second-hand products.

Article 121. Price reduction and termination of the contract.

The price reduction and the termination of the contract will be carried out at the discretion of the consumer and user, when he/she is not entitled to the repair or replacement and in cases where the repair or replacement has not been carried out within a reasonable period of time or without significant inconvenience for the consumer and user. The termination will not apply when the lack of conformity is of minor importance.

Article 122. Price reduction criteria.

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

Article 123. Time periods.

1. The seller is responsible for non-conformities which become apparent within two years of the delivery. In the case of second-hand products, the seller and consumer and user may agree a shorter time period, which must not be less than one year from the delivery.

Unless proven otherwise, any lack of conformity becoming apparent within six months of delivery, whether it is new or second-hand, will be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

2. Unless proven otherwise, delivery will be deemed to have taken place on the day stated on the invoice or purchase receipt, or on the corresponding delivery note if this is later.

3. The seller must send the consumer or user who exercises his/her right to repair or replacement, documentary evidence of the delivery of the product, stating the date of delivery and the lack of conformity resulting in exercising the right. Equally, together with the repaired or replaced product, the seller will send the consumer or user documentary evidence of the delivery including the date of it and, if applicable, the repair carried out.

4. The right to demand compliance with the provisions in chapter II of this title will expire three years after delivery of the product.

5. The consumer and user must inform the seller of the lack of conformity within two months of them becoming aware of it. Failure to meet this deadline will not entail losing the right to the remedy that corresponds, the consumer and user is, however, liable for damages resulting from the delay in the communication. Unless proven otherwise, it will be understood that the communication of the consumer and user has taken place within the established time limit.

Article 124. Action against the manufacturer.

Where it is impossible or disproportionate for the consumer and user to claim remedies from the seller regarding the lack of conformity of the products with the contract, they may claim directly from the manufacturer in order to obtain the replacement or repair of the product.

In general, and without prejudice to the limits of the manufacturer’s liability, for the purpose of this title, under the same time limits and conditions as those laid down for the seller, the manufacturer will be liable for the lack of conformity when it relates to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules governing them.

Whoever is liable to the consumer and user will continue to be liable for the lack of conformity for a period of one year. This period is calculated from the moment in which the issue is remedied.

13. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation unless expressly stated otherwise. THE PROVIDER and the USER agree to submit themselves to the courts of USER's place of residence for any dispute that may arise from the provision of goods or services subject to these Conditions.