Condiciones Generales de Venta
https://www.emoveyou.com/ (en adelante, la Web) es un sitio web propiedad de Emoveyou, S.L., en adelante EL PROPIETARIO, con CIF/NIF nº: B67209809 y domicilio social en: C/ Llull, 57-61, 6º- 2ª, C.P. 08005 – Barcelona.
Access, reproduction and use of the services of the Web requires the prior acceptance of the Conditions of Use in force at all times; THE OWNER reserves the right to modify these Conditions when it deems appropriate, by publishing the new text on the Web. It is the responsibility of the user to know the Conditions of Use before accessing the products and services of the Web; if you do not agree with them, please refrain from using it.
Property
The Website is a work composed of various integrated and inseparable elements (text, illustrations, photographs, animated images, videos, computer programs, including the html codes of the website, etc.), the Intellectual Property of which belongs to THE OWNER, except for those materials obtained under licence from third parties.
THE OWNER and its licensors retain at all times the Intellectual Property on the Website and on the different elements that compose it, individually considered, in all copies that are made (whatever the medium in which they are incorporated), granting them only the rights of use described below. Any right not expressly granted is understood to be reserved.
In addition to the above, THE OWNER is responsible for the selection, design of the structure and layout of the contents of the Website, as well as for taking the initiative and assuming the risk of making the substantial investments aimed at obtaining, digitalising and presenting the same, and is therefore entitled to the protection that Article 12 and Title VIII of Book II of the Intellectual Property Law may grant over the Website, considered as a database.
THE OWNER is also the sole owner of the design and graphic image of the Website, and reserves the right to take any legal action that may correspond to it against persons who imitate or make unfair use of the same.
Web content and downloads. Permitted and prohibited uses
It is allowed:
- Browsing the website, i.e. accessing and viewing it on a device, with any temporary or accessory reproduction being authorised, provided that this is not voluntary and forms an integral and essential part of the technological process of transmission. Browsing certain sections of the website requires prior registration.
- Benefit (after registration), of the services and advantages provided by THE OWNER through the Website to its users, under the conditions expressly indicated in the different sections.
It is strictly prohibited:
- Any operations with respect to the Web, its contents, downloaded products and copies of all of them that are contrary to the Law, good customs and good faith.
- Any use outside the personal and private sphere, especially those for commercial or professional purposes, including the sending of advertising or messages and the collection and processing of data from third parties.
- Any type of extraction, public communication and/or transmission, in whole or in part, by any means, outside the private sphere of permitted use and, in particular, their incorporation into any other work, including websites, collections or databases. Exceptions to this prohibition are the publication in the media of downloadable materials from the Press Room section.
- The removal, concealment or falsification of the notices and warnings about the Intellectual or Industrial Property of the Website or of any of the products provided through the same.
- The operations and activities expressly prohibited in any other sections of these General Conditions and, in general, any that may harm the normal operation of the Website, other users or any third party.
Links to the Web
- The establishment of links and hyperlinks to the Web from other pages or websites is authorised, provided that they are not made in a way that damages the public and brand image of THE OWNER, of the Web or of any of the persons and products referred to therein. In the establishment of links to the Website, the use of techniques that imply confusion about the identity and ownership of the contents, such as framing or others, is expressly prohibited.
- The establishment of links from pages or websites whose content promotes or advocates, directly or indirectly, any kind of violence, discrimination, pornography or illegal activity is prohibited. Likewise, the establishment of links for commercial purposes is expressly prohibited.
In the creation of links, the use of elements extracted from the Website is expressly forbidden without the prior and express consent of THE OWNER.
Under no circumstances may it be understood that links to the Web from pages or websites of third parties imply relations of THE OWNER with the owners of these, nor imply endorsement, sponsorship or recommendation of THE OWNER on them, so THE OWNER shall not be liable in any way with respect to their content and legality.
Content and user behaviour
As a customer or user of the Website, you undertake to make appropriate use of the content and services offered through the Website and not to use them for:
- Engaging in activities that are unlawful, illegal or contrary to good faith and public order.
- Disseminate content or propaganda of a racist, xenophobic, pornographic, terrorist or human rights nature.
- Cause damage to the physical and logical systems of the OWNER, its suppliers or third parties, introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
- Disseminate content that is detrimental to the image and reputation of the OWNER or third parties.
- Violate the rights of Intellectual Property, Industrial, image, honour or others that correspond to the OWNER or third parties.
THE OWNER shall have full freedom to decide whether the contributions and messages are finally published on the Website or not, being entitled to remove them when it deems appropriate.
Infringement of any of the rules contained in these Terms of Use and, in particular, of the provisions of this clause, shall entitle THE OWNER to immediately terminate your membership as a user or subscriber of the Website.
Forms of payment
The payment methods accepted in the online shop are:
- Credit card
- Paypal
Shipping methods
The shipping methods available in the online shop are:
- Home delivery
- Collection point
Delivery deadlines
El plazo de entrega para los envíos realizados en la tienda online pueden oscilar entre 7 y 15 días laborales, ya que dependen de la existencia o no de stock y plazos de entrega de los fabricantes de las marcas de distribuimos. EL PROPIETARIO se reserva el derecho de modificar dichos plazos en cualquier momento en función de las relaciones establecidas con los fabricantes y sus correspondientes circunstancias logísticas en cada momento.
Right of withdrawal
The customer has 14 calendar days from receipt of the order to voluntarily withdraw from the purchase, without penalty and without stating the reasons. In the event that the consumer and user wishes to withdraw from the purchase of the product or contracting of the service, he/she must notify Emoveyou S.L., with tax identification number: B67209809 and registered office at: C/ Llull, 57-61, 6º- 2ª, C.P. 08005 - Barcelona (Barcelona), its decision to withdraw from the contract by means of an unequivocal statement, for example, a letter sent by post or email to. info@emoveyou.com. You can use the withdrawal form below to communicate your decision to the seller or service provider.
The purchase must be returned with all its products. In any case, for reasons of hygiene, the products to be returned must be in perfect condition, unused, in their original packaging and seal and with all their accessories.
The customer shall be responsible for ensuring that both the product and its packaging arrive in perfect condition, being necessary to pack the items properly, in order to avoid possible deterioration during transport.
Once we receive the return package, we will check its condition and as soon as we verify that the returned items, as well as any accessories, samples, promotional gifts and documentation, are complete and in perfect condition, we will send the customer an email to notify him/her of the approval or rejection of the refund. If the product is returned in non-original condition (knocks, marks, physical damage or missing accessories), we may depreciate the value of the product by the amount of the necessary reconditioning costs.
The refund will be processed through the same means of payment used by the customer for the initial transaction.
We reserve the right to withhold reimbursement until we have received the goods back or until the customer has provided proof of return of the goods, whichever condition is met first.
We will not refund if the product has been used.
Withdrawal form
(You should only complete and send this form if you wish to withdraw from the contract or service contracted).
- Attn: (here you should insert the name of the company, full address and, if available, telephone, fax and e-mail numbers):
- I/We hereby inform you(*) that I/We hereby withdraw from my/our(*) contract for the sale of the following good/provision of the following service(*).
- Ordered on/asked for on(*).
- Name and address of the consumer(s) and user(s).
- Date and signature of the consumer(s) and user(s).
Legal Guarantee
In the event that the customer receives a wrong or damaged product, or in the event of loss or damage of products by the carrier, the customer may request a return and/or replacement of the product. In such a case, we undertake to bear the return shipping costs, we will take care of collecting the defective product and/or replace the missing product with an identical product at no additional cost to the customer.
In general, in accordance with the European Union Directive 1999/44/EC on the sale of consumer goods and guarantees, the legal guarantee for products is 2 years from delivery, with the exception of consumables, which are parts that suffer normal wear and tear (tyres, chain, brakes, cables, covers, pedals, etc.). Electric batteries also have a 2 year warranty. However, after the first 6 months, it will be up to the customer to prove that the failure corresponds to a manufacturing defect.
The loss of autonomy of the battery as a consequence of battery ageing is not a manufacturing defect.
The warranty only covers the repair or replacement of defective components and does not in any case cover personal injury or material damage that may result directly or indirectly from the failure of the components during use.
The user or customer has two months to report any lack of conformity that may be observed in the product. In any case, any faults reported after the first six months shall not be presumed to be manufacturing defects.
In any case, the effective application of the guarantee will be subject to the evaluation of the Technical Service, who may consider the exclusion of the guarantee, provided that a reasoned justification is given as to the nature of the breakdown or breakage.
In the case of second-hand items, such as test or second-hand vehicles, the guarantee on the item shall be 1 year.
Warranty Cancellation
The warranty is void in the following cases:
- Improper and/or negligent use of the product Any use other than that which is appropriate to the nature of the product and/or that recommended in the instruction manual.
- Do not carry out the maintenance operations indicated in the instruction manual.
- Carrying out modifications outside authorised workshops.
- Use of components from other manufacturers.
- Loss or non-existence of the purchase invoice.
- Defects arising from the initial assembly/adjustment must be claimed within 30 days of receipt of the bicycle. Once this period has elapsed, it will be understood that the user is responsible for the state of the adjustment and therefore the application of the guarantee is excluded.
- In the event of an accident.
- Malfunctions caused by other equipment.
- Wear on any component of the product resulting from normal use.
Our right not to accept your order or cancel your order
The fulfilment of all orders on the Website shall be subject to availability. We explicitly reserve the right not to accept your order or to cancel the purchase contract after automatic order confirmation in the following situations (among others), in which case we shall be exempt from any liability for damages or costs(all payments will be refunded):
- The product is not available / in stock.
- Your billing information is not correct or verifiable.
- Your order is flagged by our security systems as an unusual order or an order susceptible to fraud.
- There was an error in the price offered.
- We were unable to deliver to the address provided.
- In case of spelling, pricing or other errors or mistakes in the information on the Website.
Change policy
To request a product exchange, the customer must contact customer service within a few days of receiving the order.
If the product to be exchanged has a higher price than the one previously purchased, the customer must pay the difference in value. If, on the other hand, the new product has a lower price than the previously purchased one, the difference in value will not be refunded in cash, but in the form of a gift voucher to be used for the next purchase.
Para gestionar cualquier tipo de devolución o cambio de productos comprados en https://www.emoveyou.com/el cliente debe ponerse en contacto con nuestro servicio de Atención al Cliente.
The customer must indicate the order number and we will tell you exactly all the steps to follow. We also inform you that we will not accept changes or returns that have not been previously communicated through the indicated channels.
Cancellations
El cliente o usuario podrá cancelar su pedido, siempre y cuando éste no haya salido de nuestros almacenes. En tal caso, deberá ponerse en contacto con el PROPIETARIO a través del correo electrónico info@localhost o de los canales de Atención al Cliente, comunicando sus datos identificativos y número de referencia del pedido.
In the event of cancellations, the amounts previously paid by the user or customer will be refunded by the same means used for the initial transaction.
Customer service
El cliente podrá cancelar el pedido sin ningún cargo y sin aportar razón alguna, debiendo contactar lo antes posible con atención al cliente en el teléfono: 930162514, o a través de la siguiente dirección de correo electrónico: info@emoveyou.com, cuyo horario de atención al público es de: lunes a viernes de 10 a 14 horas y de 16 a 19 horas.
If the order has not left our warehouse, we will cancel it without any problem, but if the order is already on its way, we will have to wait to receive it back and once we have confirmed receipt of the order, we will refund the amount of the product minus the shipping costs and the refund will be carried in the same form of payment used in the purchase.
Data protection
La información o datos personales que nos facilite serán tratados con arreglo a lo establecido en la Política de Privacidad. Al hacer uso de esta página web se consiente el tratamiento de dicha información y datos y se declara que toda la información o datos que nos facilite son veraces y se corresponden con la realidad.
Modifications
THE OWNER reserves the right to make, without prior notice, the modifications it deems appropriate on the Web, being able to change, delete or add both the content and services provided through the same, as well as the way in which they are presented or located.
Although THE OWNER will make its best efforts to keep the information contained on the Website updated and free of errors, it does not offer any guarantee as to its accuracy and up-to-dateness. Neither is it guaranteed to obtain any specific result or purpose, so that access to and use of the Web is the sole responsibility of users and customers.
Legal action
THE OWNER will pursue the breach of these Terms of Use, as well as any improper use of the Website or its contents, infringements of the rights that correspond to it or its licensors, especially those of Intellectual and Industrial Property, exercising all actions, civil and criminal, which may correspond to it in Law.
Out-of-court dispute resolution
Furthermore, under the terms of Article 14 of the EU Regulation 524/2013 on consumer dispute resolution, a direct link to the online dispute resolution platform is provided: https://ec.europa.eu/consumers/odr/main/index.cfm
Applicable law and jurisdiction
For any controversy or conflict that may arise, derived from these terms or conditions, Spanish Law will be applicable. The resolution of legal disputes shall be subject to the jurisdiction of the Courts and Tribunals of the domicile of the user or client.
Las presentes condiciones generales de venta se aplican a todas las transacciones comerciales realizadas en nuestra tienda online, https://www.emoveyou.com/, en adelante Emoveyou. Para más información sobre Emoveyou puede consultar nuestro Aviso Legal y Política de Privacidad.
Les rogamos que lean atentamente las presentes Condiciones de Compra y nuestra Política de Privacidad antes de realizar el pedido. Si no está Usted de acuerdo con todas las Condiciones de Compra y con la Política de Privacidad, no debe realizar ningún pedido.