General terms and conditions of sale

Pre-contractual information

The website www.carmelabikes.com is the property of OH BIKE FACTORIA SL, with company tax number B66493271 and a registered business address at DIPUTACIO 286, BAJOS 08009, BARCELONA, acting commercially under the brand OH BIKE.

The General Terms and Conditions of Sale regulate the remote sales relationship between OH BIKE FACTORIA SL and the user or customer, in accordance with legal provisions and, in particular, Law 7/1998 of 13 April, on General Terms and Conditions of Sale, Law 3/2014 of 27 March, which amends the revised text of the General Law for the Protection of Consumers and Users, currently applicable regulations on Personal Data Protection, Law 7/1996 of 15 January, from the Retail Trade Regulation Act, and Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce.

OH BIKE FACTORIA SL reserves the right to make any changes it deems appropriate, without prior notice, to the General Terms and Conditions. These changes may be made through its websites, by any legally admissible manner and shall be binding during the time they are published on the website and until they are validly modified by subsequent amendments. Nevertheless, OH BIKE FACTORIA SL reserves the right to apply Special Terms and Conditions of Sale in certain cases, overriding these General Terms and Conditions of Sale, when deemed suitable, and announcing them when and as appropriate.

The purpose of the website is the sale of ELECTRIC BICYCLES AND ACCESSORIES.

The contract duration is bound by the delivery of the product without prejudice of the right of withdrawal.

Similarly, you may subscribe to the newsletter to receive offers on the aforementioned products or general information that may be of interest to you.

As a user or customer you hereby expressly declare to be aware of, to understand and to accept the conditions of use and these general terms and conditions of sale. Similarly, you hereby declare to be of legal age and to have necessary legal capacity and competence to access the websites of OH BIKE FACTORIA SL and to purchase products on said websites.

To purchase our products you can proceed to the corresponding section of our online store.

Registering as a user of the website is an essential requirement for making online purchases. You can access the corresponding section for registration on the website itself. In accordance with the provisions of current and applicable regulations on Personal Data Protection, OH BIKE FACTORIA SL informs users that the personal data collected during the registration and subsequent purchase process will be entered into the processing system for which it is responsible, for the purpose of processing these actions for the user and managing subsequent actions derived from them. In addition, OH BIKE FACTORIA SL informs you of the possibility of exercising your rights of access, rectification, limitation, deletion, portability and opposition to the processing of your personal data by writing to the address DIPUTACIO 286, BAJOS 08009, BARCELONA or by sending an email to info@carmelabikes.com

During the purchase process, you must log in using the username and password provided. These details shall not be published. You are responsible for handling the login credentials obtained in customer registration in a confidential and responsible manner and are not permitted to transfer them to anyone else. You may modify the registered information at any time in your customer area. In the same area you will have access to your order history, which is only for consultation. However, the user may manage their orders by deleting those entries that they no longer want to view.

At the end of the purchase process, the customer will receive confirmation via email. It is essential that the user provides a valid email address during the purchase process. If you have not received confirmation within 24 hours after placing the order, please contact OH BIKE FACTORIA SL by calling the customer service helpline on 931187533 or by sending an email to info@carmelabikes.com

All the website’s content is in Spanish, Catalan, English and French.

Upon receiving the product at the delivery address provided, the customer will receive an invoice or a copy of the order.

Offers and validity

In the case of a product on offer, the offer price and its validity period will be indicated alongside its key features.

In accordance with current regulations, OH BIKE FACTORIA SL provides information on all items for sale, their features and prices. However, OH BIKE FACTORIA SL reserves the right to recall, replace or change the products offered through its website, by simply changing its content. As a result, the products offered on the website at any given time shall be governed by the General Terms and Conditions of Sale in effect at the time. Similarly, the company also has the right to stop providing access to the aforementioned products at any time and without prior notice.

Key features of the products

The products offered on our online store include a photograph and information on the products’ key features. This information is supplied by the manufacturer themselves. The colour of the product, as seen in the photograph, is not binding. The same applies to the information on its features.

Warranties

All the products offered on the website are covered by a commercial warranty from their supplier. OH BIKE FACTORIA SL shall respond to the non-conformity of all the products offered on the website within a period of two years from the moment of delivery.

OH BIKE FACTORIA SL provides an after sales service, which the customer may make use of while the warranty is valid by visiting the facilities of OH BIKE FACTORIA SL and their after sales services, by sending an email to service@carmelabikes.com or at the points established by the provider themselves. In case of doubt you can contact the customer service helpline on 931187533 or send an email to info@carmelabikes.com

Pricing

All product prices are indicated in Euros with Value Added Tax (VAT) included. The product prices do not include transport costs. These costs will be added to the shopping basket before finalising payment.

If any other duty or tax is applicable, this will be indicated (General Indirect Tax for Canary Islands or Tax on Production, Services and Imports for Ceuta and Melilla).

Delivery and transport costs

OH BIKE FACTORIA SL delivers products throughout the entire European Union. Delivery costs are applied based on the delivery zone, size, weight and measurements of the product. OH BIKE FACTORIA SL provides free delivery for purchases over €150.

The delivery time of the product will vary depending on whether the product is in stock. If stock is available, the product will arrive at its destination in a period of between 5 and 7 working days, from the moment that OH BIKE FACTORIA SL confirms the order.

Payment methods and placing an order

The customer may pay for their order using any of the following methods. The customer’s chosen payment method must be indicated during the purchase process:

– VISA or MASTERCARD credit card

Any operation that involves the transfer of personal or banking details takes place in a secure environment using a server based on standard SSL (Secure Sockets Layer) security technology. All information transferred to us is encrypted.

Similarly, credit card details are entered directly into the bank’s POS (Point of Sale Terminal) website and are not entered or stored on any server belonging to OH BIKE FACTORIA SL.

When paying with VISA or MASTERCARD card, the following details will always be requested: the card number, the expiration date and the Card Verification Code, which is a three-digit security code printed on the back of your VISA or MASTERCARD card, offering a more secure transaction.

This payment method is valid only on the website.

When a purchase amount is fraudulently or incorrectly charged using your credit card number, the cardholder may demand that the charge be immediately cancelled. In that case, the corresponding amount will be refunded to your account as quickly as possible.

However, if the purchase was in fact made by the cardholder, and the return is not demanded as a result of exercising your right of withdrawal or resolution, then your request to cancel the charge will be deemed to be improper and you will be liable to OH BIKE FACTORIA SL for any damages and harm caused as a result of said cancellation.

– Bank transfer

Upon selecting the bank transfer option, you will receive, along with your order confirmation, an email with the bank details of OH BIKE FACTORIA SL.

It is very important that upon making the transfer, you indicate in the subject line your order number and your name and surnames. The transfer must be made within seven days after the order is confirmed for it to be valid. Otherwise the order will be automatically cancelled.

If you so wish, you can send the proof of bank transfer by fax or by email to info@carmelabikes.com. However, the order will not be considered valid until our administration department receives confirmation from the bank in question.

Please remember that the payment must be made in EUROS and that you are responsible for any applicable currency exchange and bank charges.

In the case of bank transfers made from outside Spain, it is very important that upon ordering the transfer, you inform your bank that you will pay for any fees and commissions that your bank may charge. Otherwise, OH BIKE FACTORIA SL may halt delivery of your order if the entire amount payable is not received.

The customer shall be responsible for any potential currency exchange and bank fees and commissions.

The availability of the products offered by OH BIKE FACTORIA SL may vary depending on customer demand. Although OH BIKE FACTORIA SL replenishes stock regularly, the product requested by the customer may be sold out at that moment. If the order cannot be supplied due to unavailability, as soon as OH BIKE FACTORIA SL is aware of the situation the customer will be notified via email. The customer will be informed in all cases within a period of 30 days.

Right of withdrawal, returns and claims

The buyer can cancel an order within a period of 15 calendar days.

From the moment that the courier delivers the bicycle at the drop-off point (a private address or the click and collect store) the buyer has 15 calendar days to contact OH BIKE FACTORIA SL.

Exercising your right of withdrawal must be performed over the phone by calling (+34) 931187533, by sending an email to info@carmelabikes.com, by sending a letter to our postal address at DIPUTACIO 286, BAJOS 08009, BARCELONA, or through the withdrawal form.

According to the provisions of Article 103 of Law 3/2014 of 27 March, which amends the revised text of the General Law for the Protection of Consumers and Users, any services or goods made to the consumer’s specifications or that are clearly personalised, or that, due to their nature, cannot be returned or may quickly deteriorate or expire, are not eligible for withdrawal.

Returns

The customer must return or directly hand over the product to OH BIKE FACTORIA SL, to the address DIPUTACIO 286, BAJOS 08009, BARCELONA, without undue delay and, in all cases, within a period of 15 calendar days from the day the bicycle was delivered to the customer (at a private address or click and collect store). The period will be considered to have ended if the customer returns the product before the period terminates.

The customer shall be responsible for the costs of returning the product.

Under all circumstances the products must be in perfect condition, unused and in their original packaging. The distance travelled by the bicycle must not exceed 50 km. We kindly request that the package is properly protected and sealed in order to avoid transport problems. Once received, its condition will be inspected. As soon as we have checked that the items as well as possible parts, accessories, promotional gifts and documentation are all present and in perfect condition, we will proceed to refund the money paid.

Refunding a payment

Refunds of the amounts received from the customer will be made by bank transfer.

OH BIKE FACTORIA SL may withhold the reimbursement until the product has been received.

Returning a faulty product

In the event that the product is not in good condition and the causes attributable to it are not as a consequence of the customer, they will have the right to return the product, informing OH BIKE FACTORIA SL of the reason for returning it through any of the means facilitated in these Terms and Conditions, and at no cost to the customer. Returning a product due to defects or its poor condition shall not be considered a right of withdrawal.

OH BIKE FACTORIA SL undertakes to assume the cost of returning goods and to replace the product with a new one in accordance with the conditions accepted at the time of sale.

If the customer wishes to file a claim, the facilities of OH BIKE FACTORIA SL are situated at DIPUTACIO 286, BAJOS 08009, BARCELONA or they can do so by sending an email to info@carmelabikes.com.

Jurisdiction

Furthermore, OH BIKE FACTORIA SL reserves the right to present those civil or criminal actions it deems appropriate due to the improper use of its website and content or due to any violation of these conditions.

The relationship between the user and the provider shall be governed by current applicable law in Spain. Any disputes between the parties involved may be submitted to arbitration or the ordinary courts of law, in compliance with regulations on jurisdiction and competence in this regard. OH BIKE FACTORIA SL has a registered business address in BARCELONA, Spain.

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