BORR CYCLING COMPONENTS
Terms & Conditions
This document establishes the general conditions of the contractual relationship that has as its object the purchase and sale of products offered from the website www.borrcycling.com, owned by MIGUEL BARRERA LOPEZ, with address C/ Sant Jordi, 41, 08231, Ullastrell with DNI 45856105Q, and the natural persons (henceforth the customer) who express the willingness of buying such products through the request made via Internet through this website. These requests from users constitute the particular conditions to which these General Conditions are associated and which the customer has to consult prior to the purchase of the product. The present General Conditions are exposed to the customer through the website www.borrcycling.com, with the aim of reading, printing, saving, and accepting them, the customer can not purchase the product without such request having taken place. The customer will always have available these General Conditions in a visible place on the website.
Any claim that the customer needs to transfer to Borr Cycling Components, must be sent in writing to the postal address referred to in the preceding paragraph or to the e-mail address info@borrcycling.com
- – PURPOSE OF THE GENERAL CONDITIONS
By these General Conditions BORR CYCLING COMPONENTS, undertakes to deliver to the customer the products that he has requested through the website www.borrcycling.com in exchange for the payment of a price determined.
By purchasing the products available on this website the customer declares that:
- That is a person of legal age with the capacity to contract.
- That has read, understood, and accept these General Conditions.
- – APPLICABLE LEGISLATION
The interpretation and execution of the conditions, as well as all acts that result from them, shall be subjected to Spanish law and its current legislation, unless there are public order provisions contrary to this.
- – ALTERATION OF THE GENERAL CONDITIONS
BORR CYCLING COMPONENTS reserves the right to modify the present General Conditions at any time, without prior notification to the customer, who in any case, is responsible for reviewing them as a prerequisite to the purchase of any product available through this website.
In any case, the General Conditions that are displayed on the website at the time the customer purchases the corresponding products shall be considered valid and applicable. Any order made to BORR CYCLING COMPONENTS necessarily implies, as an essential, decisive, and indispensable condition, the unreserved acceptance by the customer of the General Conditions of Sale of BORR CYCLING COMPONENTS, in force on the day on which the corresponding order is placed. In addition, the customer acknowledges the acceptance of these conditions shall imply their application to the order to which they refer, as well as to any subsequent order, except in cases where new conditions are brought to his attention by BORR CYCLING COMPONENTS. The fact that BORR CYCLING COMPONENTS does not have recourse to any of these conditions at any given time shall not be construed as or be equivalent to waiving recourse to them in the future or in the past.
- – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The website, including but not limited to its programming, editing, compilation, and other elements necessary for its operation, the designs, logos, text, and/or graphics, are property of BORR CYCLING COMPONENTS or, if it is the case, it has a licence or expresses authorisation from the authors. All the contents of the website are duly protected by intellectual and industrial property regulations, as well as being registered in the corresponding public registers.
Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution, and marketing, requires in any case the prior written authorisation of BORR CYCLING COMPONENTS. Any use not previously authorised will be considered a serious breach of the author’s intellectual or industrial property rights.
The designs, logos, text, and/or graphics not belonging to BORR CYCLING COMPONENTS and which may appear on the website belong to their respective owners, who are themselves responsible for any possible controversy which may arise with respect to the same. BORR CYCLING COMPONENTS expressly authorises third parties to redirect directly to the specific contents of the website, and in any case to redirect to the main website http://www.borrcycling.com .
BORR CYCLING COMPONENTS recognises the corresponding intellectual and industrial property rights in favour of their owners, and their mere mention or appearance on the website does not imply the existence of any rights or responsibility whatsoever over the same, nor any endorsement, sponsorship, or recommendation by the same.
To make any comments regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you can do it by sending an e-mail to info@borrcycling.com.
- WITHDRAWAL
5.1 Incorrect item
If you ever mistakenly receive an item that you have not ordered, please let us know right away via our contact form, or via our email address, info@borrcycling.com.
5.2 Right of Withdrawal
In accordance with the article 71 of the Royal Legislative Decree 1/2007, 16 November, approving the Revised Text of the General Act for the Protection of Consumers and Users, the purchaser can return the product giving no reason, exercising your right to withdraw from the contract, within 14 calendar days after it being delivered to your home.
The withdrawal period will expire after 14 calendar days from the day you or a third party appointed by you, other than the carrier, acquired the material possession of the goods.
In order to return any product, it must be under the same conditions as when it was delivered, unused and with its original packaging and labeling. All goods must be returned in their original packaging and seal, with all their accessories, in perfect condition and protected. Otherwise, BORR CYCLING COMPONENTS reserves the right to reject the return.
If you wish to return the product, it should be sent to the address C/ COLOM N594, NAVE1 , 08228, TERRASSA – BARCELONA, after filling out the form that you can find in the section Returns, indicating the order number in particular, so that it is possible to correctly associate the product received with your transaction, in order to reimburse the amount you paid. For the same purpose, we absolutely require that a copy of the purchase invoice is attached to the package by the customer. Otherwise, the reimbursement period might be extended. The payment of the reimbursement shall be made using the same method used for the purchase – unless otherwise explicitly stated by the purchaser –, in any case, and without undue delay, within a maximum period of 14 days starting the date on which the notice of withdrawal is sent, including the initial shipping costs. In any case, the consumer shall not incur any costs from the refund transaction of the amount paid. If the consumer has expressly opted for a delivery method other than the regular delivery method and less costly, BORR CYCLING COMPONENTS shall not be required to reimburse the resulting additional costs. BORR CYCLING COMPONENTS may withhold the reimbursement until we have received the goods back, or the consumer and user have supplied evidence of having sent back the goods, whichever is the earliest. In that case, the reimbursement shall be made once we have received the goods at BORR CYCLING COMPONENTS and after making sure they are in the conditions stated above. The reimbursement will not include the direct costs incurred for the return, in accordance with the article 108.1 TRLGDCU (the Royal Legislative Decree 1/2007, 16 November, approving the Revised Text of the General Act for the Protection of Consumers and Users.)
If the reason for the return is a defective product, the full amount shall be refunded, including the cost of the return shipment.
In case of a defective product, the user shall also indicate the specific damages in the product in the notice of withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
BORR CYCLING COMPONENTS reserves the right to evaluate the reason for return, since we shall not reimburse the amount if the item has any defects caused after being made available to the customer and by the fault or by the negligence of the customer. If return fails to comply with the terms stipulated, the customer shall not be entitled to any refunds.
5.3 Changes of products
Products can only be returned in exchange for a refund. If you wish to change the item received for another as an alternative, you shall place another order.
- WARRANTY
Your BORR CYCLING COMPONENTS product has been manufactured with great care and using the most advanced manufacturing technology. Thus, for the first two years following its acquisition, you will be able to enjoy all the rights stipulated in the Royal Legislative Decree 1/2007, 16 November, approving the Revised Text of the General Act for the Protection of Consumers and Users, with the provisions transposing the binding content of the European legislation for Member Estates in terms of guarantees.
If you find any defects in the product, you should contact us right away, before using it, in order to describe its problem to us.
All products manufactured by BORR CYCLING COMPONENTS have a warranty of two years after their acquisition, in case of lack of conformity with them, in accordance with the article 116 of the above-mentioned LGDCU (General Act for the Protection of Consumers and Users.) This warranty shall only be valid for the original purchaser of the product, and this purchaser shall be entitled, if there is lack of conformity, to the reparation or replacement of the defective product, totally free of charge for the user concerned.
The warranty shall be counted from the moment the product is delivered to the final consumer. A service provided under the warranty (reparation or replacement) will not extend the original warranty period of the product.
In case of exercising this warranty, the user shall provide a copy of the purchase document of the BORR CICLING COMPONENTS product (sale invoice.)
To process the warranty claims, the customer shall fill out the web form properly enabled on the website to that end and, then, follow the instructions that you will receive privately and personally from BORR CYCLING COMPONENTS in the email address provided by you, in order to send the product to our headquarters for evaluation, always and in every case, attaching the sale invoice, either physically to the product or digitally via the aforementioned form.
This warranty will be subject to the decision of our technicians concerning the nature of the lack of conformity with the product, after an evaluation of the item in question. Their opinion will be binding. Thus, BORR CYCLING COMPONENTS reserves the right not to accept the warranty claim processing in those cases where the evaluation of the product is unfavorable for the customer, which will be duly argued to the customer. The customer shall send us the product, so we can have it for its evaluation. Shipping costs are borne by the customer, which you will be able to fully recoup depending on the decision concerning the origin of the warranty claim. If it is favorable to you, you will get a full refund of these costs, in accordance with the article 120 of the LGDCU (General Act for the Protection of Consumers and Users.) If the consumer has expressly opted for a delivery method other than the regular delivery method and less costly, BORR CYCLING COMPONENTS shall not be required to reimburse the resulting additional costs. Thus, if the product is not considered defective and, therefore, does not fall within the scope of the application of this warranty, this will only be considered as withdrawal, as long as it is still within the withdrawal period, and, consequently, the customer will bear the costs of replacing non-defective components, as referred to in the previous section.
If the consumer was affected by circumstances in which the reparation or replacement were not carried out within a reasonable period of time or without significant inconvenience for the consumer, you shall have the option of terminating the contract.
In cases of warranty claims, BORR CYCLING COMPONENTS reserves the right, in those cases where the models have been discontinued, to deliver the successor model in the color range available and, if it was unavailable, a model of a higher end.
BORR CYCLING COMPONENTS shall not be liable for the lack of conformity with the product arising from an incorrect installation and assembly of it, since installation is not included in the contract and will be carried out by the final user and under the user’s responsibility, being BORR CYCLING COMPONENTS sufficiently diligent to provide comprehensive, detailed Installation and Assembly Instructions recommending to follow them, and warning about the consequences of not doing so – that is, the exclusion of liability on the part of BORR CYCLING COMPONENTS regarding the consequences arising from not following our instructions.
Due to the inherent danger of using a bicycle in any of its modalities, and the physical risks arising from its use, this warranty is only intended for the replacement of components that the customer is not in conformity with, and in no case shall cover personal injury directly or indirectly arising from the failure of these components during their use. In the event of a traffic accident, regardless of who is directly responsible for it, the warranty shall be terminated.
- LIABILITY
BORR CYCLING COMPONENTS shall not be liable for damages caused as a result of fault or negligence not attributable to BORR CYCLING COMPONENTS, including but not limited to, the user not following the installation and assembly instructions properly, or the maintenance and safety instructions. GEMINI shall not be liable for damages outside the scope of the application of the legal warranty, nor for those caused by falls or accidents, traffic accidents, overexertion due to excessive load or a different use of the product than the use for which it has been designed, developed, indicated and intended, unauthorized structural modifications, wear, unforeseeable circumstances or of force majeure.
- LAW AND APPLICABLE JURISDICTION
These general terms and conditions are governed by and interpreted in accordance with the existing Spanish legislation at the time of contract formation.
In general terms, the Courts and Tribunals of Barcelona shall have jurisdiction in disputes arising from this contract. In the event of a costumer holding the condition of consumer, the competent courts and tribunals shall have jurisdiction, in accordance with the existing consumer law.
- PAYMENT INFORMATION
BORR CYCLING COMPONENTS will in no case have access to your credit card information. This information is processed by external banking data processing companies that use encryption technology.
The payment system is provided with the secure purchase protocol SEC (Secure Electronic Commerce). In this way, your information will only be transmitted to the bank, in a fully encrypted form, without any third party having access to your bank details. To ensure maximum security and ensure at all times that you can carry out your transactions with confidence, this system will request a double verification, which will be carried out online during the transaction, with your own bank, thus requiring an additional code that your bank will provide in the terms previously agreed between you and your entity.
