CONDITIONS OF USE AND PURCHASE WWW.FACTORY-BIKE.ES

1. INTRODUCTION


This document (together with all the documents mentioned herein) establishes the conditions governing the use of this website (www.factory-bike.es and the purchase of products in the same (hereinafter, the "Terms"). Please read carefully the present terms and Conditions, our Cookies Policy and our Privacy Policy (collectively, the “Data Protection Policies”) carefully before using this web page. By using this website or placing an order through it you agree to be bound by these Terms and by our Policies of Data Protection, so if you are not in agreement with all the Conditions and Policies of Data Protection, you must not use this website.


If you have any questions regarding the Terms or the Data Protection Policies you may contact us through our contact routes.


The contract may be formalized, at its option, in any of the languages in which the Conditions are available on this web page.

2. OUR DATA


The sale of items via this website is held under the name TOWERS OF GOD S. L, a Spanish company with registered office at Avda. Lugo Mº75 low (Pontevedra), registered in the Mercantile Registry of Pontevedra, Volume 3253, Section General, Folio 170, Hoja PO-41325, entry 1 and CIF-B36532174 with phone 986 866 307 and e-mail info@factory-bike.es


3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE


The information or personal data that you provide to us about you will be treated in accordance with what is established in the Data Protection Policies. When making use of this website you consent to the processing of such information and data and declares that all information or data you provide to us are true and correspond with reality.


4. USE OF OUR WEB SITE


When making use of this website and place orders through the same you agree to:
i. Make use of this website only to make legitimate enquiries or orders.
ii. Not to make any order false or fraudulent. If it reasonably could be considered has been made an order of this kind, we shall be entitled to cancel the order and inform the relevant authorities.
iii. Give us your email address, postal address and/or other contact details truthfully and accurately. Also, you consent that we may use such information to contact you if necessary (view our Privacy Policy). If you do not give us all the information we need, we may not be able to complete your order.


By placing an order through this website, you declare to be over 18 years of age and have the legal capacity to celebrate contracts.


5. AVAILABILITY OF THE SERVICE


The items offered through this website are only available for shipment to Spanish territory and europe.


6. TECHNICAL MEANS TO CORRECT ERRORS


In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this web page, you can modify them in the “My Account”section.

In any case, you will be able to correct errors related to personal data provided during the purchase process by contacting the customer service via phone 986 866 307, or e-mail address info@factory-bike.es, as well as exercise the right of rectification referred to in our Privacy Policy through info@factory-bike.es.


This web page displays confirmation windows in various sections of the purchase process that does not allow you to proceed with the order if the data of these sections have not been provided correctly. Also, this web page provides the details of all the items that you have added to your basket during the purchase process, so that, before you make the payment, you will be able to modify the data of your order.


If you find an error in your order subsequent to the completion of the payment process, you should get in contact immediately with our customer service, on the phone or on the email address mentioned above, to correct the error.

7. AVAILABILITY OF THE PRODUCTS


All orders are subject to the availability of the products. If you encounter difficulties regarding the supply of products or if they are not in stock, we will refund any amount you might have paid.

8. DELIVERY


Unless there are circumstances arising out of the customization of the products, or arising from unforeseen circumstances or extraordinary, we will send the order consisting of the product/s listed in each Delivery Confirmation within the term specified in the web page according to the method of shipping selected and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.

If for any reason we cannot meet the delivery date, we will inform you of this circumstance, and we will give you the option to go ahead with the purchase setting a new delivery date or cancel the order with a full refund of the price paid. Keep in mind, in any case, that we do not make home deliveries on Saturdays or Sundays.

For the purposes of the present Conditions, is understood to have produced the "delivery" or the order has been "delivered" at the time in which you or a third party indicated by you acquires the material possession of the products, which will be credited by the signature of the receipt of the order at the agreed delivery address.


9. IMPOSSIBILITY OF DELIVERY


If it is impossible for us to effect the delivery of your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse.

Also, we will leave a note explaining where your order is and how to do to be sent again. If you are not going to be at the delivery location at the agreed time, we ask that you contact us to arrange delivery for another day.

In the event that, within 15 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we understand that you want to cancel the contract and we'll consider it solved. As a result of the termination of the contract, we will reimburse all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery different than the least expensive type of standard delivery offered by us) without undue delay and, in any case, within a maximum period of 14 days from the date that we consider termination of the contract. Please, keep in mind that transport derived from the resolution can have an additional cost, so that we will be authorized to repercutirle the corresponding costs.


10. PASSING OF RISK AND PROPERTY


The risks of the products will be your responsibility from the time of its delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in connection therewith, including the cost of shipping, or at the time of delivery (according to the definition contained in clause 9 above), if this takes place at a later time.


11. PRICE AND PAYMENT


The prices on the website include VAT, but exclude delivery costs, which will be added to the total amount due as set out in our terms of delivery.

The prices can change at any time, but (except as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.


Once you have selected all the items you wish to purchase, these will be added to your cart and the next step will be to process the order and make the payment. To do this, you need to follow the steps of the purchase process, by filling or by checking the information in each step is prompted.


Also, during the buying process, before payment is made, you can modify the data of your order. It has a detailed description of the process of purchase in the Buying Guide. In addition, if you are a registered user, you have a detail of all the orders made in the section My Account.


Can be used as a means of payment described in the section payment Methods.

By clicking on "Authorize Payment" you are confirming that the credit card is yours.


To minimize the risk of access not authorized, will be encoded the data of your credit card. Credit cards are subject to validation checks and authorisations by the entity issuing the same, but if said entity does not authorise payment, we will not be liable for any delay or non-delivery and we will not be able to formalize any contract with you.


12. VALUE-ADDED TAX AND INVOICING


In accordance with the provisions of article 68 of the Law 37/1992, of 28 December, of Value Added Tax, delivery of items means located in the territory of application of VAT Spanish if delivery address is in Spanish territory except Canary islands, Ceuta and Melilla. The VAT rate applicable will be the one legally in force in each moment in function of the particular article concerned.
On orders with destination to the Canary islands, Ceuta and Melilla, deliveries be found exempt from VAT pursuant to article 21 of Law 37/1992, without prejudice to the application of taxes and tariffs in accordance with the regulations in force in each of these territories. You expressly authorize us to issue the invoice in an electronic medium, although you may inform us at any time your will receive an invoice in paper form, in which case, we will issue and send you the invoice in that format.


13. RETURNS POLICY

13.1 legal Right to cancel the purchase

Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without justification.

The withdrawal period shall expire 14 calendar days from the day you or a third party by you indicated, other than the carrier, acquired the physical possession of the goods or in case that the goods that make up your order are delivered separately, 14 days from the day you or a third party by you indicated, other than the carrier, acquired the physical possession of the last of those goods.


To exercise the right of withdrawal, you must notify us to the TOWERS OF GOD S. L, to the address, Avda. Lugo 75 Harrington under C. P 36004 Pontevedra, by phone 986 866 307, by writing us at e-mail info@factory-bike.es its decision to withdraw from the contract through an unequivocal statement (e.g. a letter sent by postal mail or email).

You may use the model withdrawal form Annexed to these Conditions, although its use is not mandatory. To meet the withdrawal deadline, it is sufficient that the communication concerning the exercise of this right is sent before the expiry of the corresponding period.

Consequences of the withdrawal

In case of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery different than the least expensive type of standard delivery offered by us), without undue delay and, in any event, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you instruct us otherwise, detailing expressly the means of payment through which you want us to make the return. You will not incur any fees as a result of the refund. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods back, or until you have submitted proof of the return of the same, depending on what condition is met first.

You must return to us or give us directly the products at the address provided above, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. Shall be deemed to meet the deadline if making the return of property before the end of that period.

Except that you may make the return of the goods at our facility, you must assume the direct cost of returning the goods.

Only you will be responsible for the diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

13.2 contractual Right of withdrawal

In addition to the right of withdrawal recognized by the law to consumers and users, mentioned in clause 13.1 above, we grant a period of 15 days counted from the Delivery Confirmation for returns of products (except those referred to in clause 13.3 below, in respect of which excludes the right of withdrawal).

Note that the period of 15 days shall be counted from date to date and therefore does not exclude non-working days.

13.3 common Provisions

You will not have the right to withdraw from the contract whose object is the supply of any of the following products:


- Personalized items.
- CDs/DVD of music without their original packaging.
- Goods sealed for hygiene reasons that have been unsealed after delivery.

Your right to withdraw from the contract shall be applied exclusively to those products that are returned in the same condition in which you received them. No refund will be made if the product has been used beyond the mere opening of the same, for products that are not in the same condition in which it is delivered or who have suffered any damage, so you must be careful with the/the product/s while they are in your possession. Please return the item using or including all original packaging, instructions and other documents which in his case to join him.

Returns in-store.

You may return the products at our facilities and deliver along with the article, the e-ticket which you will have received an attachment to the Shipping Confirmation, which is also conserved in its account of the web page. You can submit the e-ticket showing it in digital form through the screen of your mobile device or taking it printed at the store.

In any case, you will be responsible for the costs of the return. Please, keep in mind that if you decide to return the goods to us freight collect we may charge you the costs that we may incur.

After examining the article, we will tell if you have the right to a refund of the amounts paid. The reimbursement of transportation expenses only will be done when the right of withdrawal is exercised within the statutory period and returning all of the items that comprise the order in question. The refund will be made as soon as possible and, in any case within a period of 14 days from the date that you told us about your intention to withdraw. However, we may withhold the reimbursement until we have received the goods back, or until you have submitted proof of returning the goods, whichever is the first. The refund will be made always in the same means of payment as you used for the purchase. You will bear the cost and risk of returning the products, as indicated above. If you have any questions, you can contact us through our contact routes or by phone 986 866 307.

13.4 Returns of defective products

In cases where you consider that at the time of delivery the product does not conform to what is stipulated in the contract, you must contact us immediately through our contact channels providing the information of the product as well as the damage suffered, or by calling the number 986 866 307 where we will tell you how to proceed.

The product you may return it at our facility or deliver it to a courier who we will send to your address when requesting the collection.

We will examine the returned product carefully and notify you by e-mail within a reasonable period, if applicable, the refund or the replacement of the same (in your case). The reimbursement or replacement of the article shall take place as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the item in question.

The amounts paid for products that are returned because of any tare or defect, when it exists, will be refunded in full, including delivery charges incurred to deliver the item to you and the cost incurred by you in returning the item to us. The return will be made on the same means of payment used to pay for the purchase.

Stay in any case unless the rights recognized by the legislation in force.

14. WARRANTIES

If you are contracting as a consumer and user, we offer you guarantees on the products sold through this website, in the terms legally established for each type of product, responding, therefore, by the lack of conformity is manifested in the term stipulated by law since the delivery of the product.

It is understood that the products are in conformity with the contract, provided that (i) will conform to the description given by us and possess the qualities that we have presented in this web site, (ii) are fit for the uses ordinarily made of the products of the same type and (iii) present the quality and habitual service of a product of the same type that are reasonably expectable. In this regard, if any one of the products was not in conformity with the contract, you must bring it to our knowledge by following the procedure detailed in paragraph 13.4 above and through any media intended for that purpose.

15. RESPONSIBILITY AND EXONERATION OF RESPONSIBILITY

Unless otherwise expressly provided in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the purchase price of such product.

However, and except for the legal provision to the contrary, we will not accept any liability for the following losses, regardless of their origin:

i. loss of income or sales:
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of anticipated savings;
v. loss of data; and
vi. loss of management time or office hours

Due to the open nature of this web page, and to the possibility of errors in the storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained through this website, unless expressly provided otherwise in the same.

16. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other rights of industrial and intellectual property rights on materials or contents provided as part of the web page correspond to us at all times to us or to those who grant us license for their use. You may make use of such material only in the way as expressly authorized by us or our licensors for your use. This does not prevent you using this website to the extent necessary to copy the information on your order or Contact data.

17. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not make undue use of this website by the deliberate introduction into it of viruses, trojans, worms, logic bombs or any other program or technologically harmful material or harmful. You will not try to gain unauthorized access to this website, the server on which that page is hosted or any server, computer or database connected with our web page. You agree to not attack this website via a denial of service attack or an attack of distributed denial of service.

The non-compliance of this clause could lead to the commission of offenses defined by applicable regulations. Will notify you of any breach of such regulations to the competent authorities and we will co-operate with them to discover the identity of the attacker. Also, in case of a breach of this clause, shall immediately cease to be authorized to use this website.

We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other program or technologically harmful material or harmful that may affect your computer, computer equipment, data or materials as a result of the use of this web site or the download of any contents from the same or the same redirect.

18. LINKS FROM OUR WEB PAGE

In the event that our website contains links to other websites and materials of third parties, these links are provided for information purposes only, without us having any control whatsoever over the content of such web sites or materials. Therefore, we do not accept any responsibility for any loss or damage resulting from its use.

19. WRITTEN COMMUNICATIONS

The applicable legislation demands that part of the information or communications we send you be in writing. By using this website, you agree that the greater part of such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this web page. To contractual effects, you agree to this electronic means of communication and acknowledge that all contract, notification, information and other communications that we provide to you electronically comply with the legal requirements of being in writing. This condition does not affect their rights recognized by law.

20. NOTIFICATIONS

The notifications you send us must be sent through our email address info@factory-bike.es. Pursuant to the provisions of clause 19 above and unless otherwise stipulated, we may send you notices by e-mail or to the postal address provided by you at the time of placing an order.

It is understood that notifications have been received and have been correctly made at the same instant that they are posted on our website, 24 hours after having sent an e-mail, or three days after the date of posting of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that he had the right direction, was properly sealed and was duly delivered in the post office or in a mailbox and, in the case of an email, which was sent to the email address specified by the receiver.

21. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract is binding both for you and for us, as well as for our respective successors, assigns, and successors in title. You may not transfer, assign, encumber or in any other way transfer a contract or any rights or obligations arising from it, without having obtained our prior written consent.


We can transmit, cede, encumber, subcontract or in any other way transfer a contract or any rights or obligations arising from it, at any time during its term. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, in your case, you, as a consumer, have recognized by law or cancel, reduce or limit in any way the guarantees, both express and implied, that have been provided.


22. EVENTS OUTSIDE OF OUR CONTROL


We will not be liable for any failure to perform or delay in performance of, any of the obligations, when the same is due to events that are outside our reasonable control ("Force Majeure").


The Causes of Force Majeure event includes any act, event, lack of exercise, omission or accident beyond our reasonable control and among others, the following:


to. Strikes, lockouts or other industrial action.
b. Civil commotion, riot, invasion, threat, or terrorist attack, war (whether declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e. Impossibility of the use of public or private telecommunications networks.
f. The acts, decrees, legislation, regulations or restrictions of any government or public authority.


It is understood that the obligations will be suspended during the period that the Force Majeure event continues, and we will have an extension in the deadline to comply with such obligations for a period of time equal to the duration of the Force Majeure. We will use all reasonable means to end the Cause of Force Majeure or to find a solution that will allow us to meet our obligations despite the Force Majeure.


23. DISCLAIMER


The lack of requirement for our share of the strict compliance on your part of any of the obligations assumed by you under a contract or these Conditions or lack of exercise by us of rights or actions that we may correspond under of this agreement or the Conditions shall not constitute waiver or limitation whatsoever in connection with such rights or actions nor shall exempt you from compliance with such obligations.


No waiver by us of a right or action will constitute a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions derived from a contract shall be effective unless it is expressly stated to be a waiver and formalized and communicated to you in writing in accordance with the provisions of the paragraph on Notices above.


24. PARTIAL INVALIDITY


If any of these Conditions or any provisions of a contract were declared null and void by a final decision of a competent authority, the remaining terms and conditions will remain in force, without be affected by said declaration of nullity.


25. ENTIRE AGREEMENT


These Terms and any document expressly referred to in them constitute the entire agreement between you and us relating to the subject matter thereof and supersede any other covenant, agreement or promise previously agreed between you and us verbally or in writing.
You and we acknowledge having consented to the conclusion of a contract without having relied on any representation, undertaking or promise given by the other or be implied from anything said or written in the negotiations between the two before the same, except as expressly stated in these terms and Conditions.
Neither you nor us shall have action against any untrue statement made by the other party, verbally or in writing, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only action available to the other party shall be for breach of contract in accordance with the provisions of the present terms and Conditions.


26. OUR RIGHT TO VARY THESE CONDITIONS


We reserve the right to modify the Terms and Conditions. We will keep you informed of substantial changes in the same. The amendments will not have retroactive effect and, except for possible exceptions depending on the specific case, will be applicable after 30 days from the date of its publication in the notice.


If You do not agree with the amendments, we recommend not to make use of our website.


27. APPLICABLE LAW AND JURISDICTION


The use of our website and purchase contracts of products through this website shall be governed by the Spanish legislation.

Any dispute arising out of or related to the use of the website or with such 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 shall affect the rights that, as such, recognizes the legislation in force.


28. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS


Your comments and suggestions will be well received. Please send us such comments and suggestions, as well as any query, complaint or claim, through our contact details or the postal address or email indicated in clause 2 of these Conditions.


In addition, we have a paragraph of complaint at the disposal of consumers and users. You can access the same by clicking on the following LINK.

Their complaints and claims with our customer service will be answered in the shortest time possible and, in any case, within the term legally established. Also, they will be registered with a key identifying that we will put in your knowledge.


If you as a consumer believe that your rights have been violated, you may address your complaints through the email address info@factory-bike.es in order to apply for a court resolution of disputes.

In this sense, if the acquisition between you and us was held online through our web site, in accordance with Regulation No. 524/2013 of the EU, we inform you that you have the right to ask us for an extrajudicial resolution of disputes in the field of consumption accessible through the Internet address http://ec.europa.eu/consumers/odr/.

Model withdrawal form


(You should only complete and return this form if you wish to withdraw from the contract)


To the attention of the Towers of God, SL residing at Avda. Lugo 75 Harrington under. C. P 36004, Pontevedra, Spain, and e-mail info@factory-bike.es.


We hereby tell you that I will give up my contract of sale of the following goods:


Requested/received on (*):


Name of the consumer:


Address of the consumer:


Signature of consumer (only if this form is notified on paper)


Date:


(*) Delete what is not applicable.