Terms of service

GENERAL DESCRIPTION

Welcome to ibkbike.es. The terms ‘we’ and ‘our’ refer to ibkbike.es. ibkbike.es operates this shop and website, including all information, content, features, tools, products and services, to provide you, the customer, with a bespoke shopping experience (the “Services”). ibkbike.es uses Shopify technology to provide you with the Services.

The following terms and conditions, and all policies referred to therein (the “Terms of Service” or “Terms”), set out your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By viewing, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.

SECTION 1: ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least of legal age in the state or province in which you reside and that you have given us your consent to allow any minors in your care to use the Services on devices that you own, purchase or manage.

To use the Services, including accessing or browsing our online shops or purchasing any products or services we offer, you may be asked to provide certain details, such as your email address, billing address, payment method and delivery address. You represent and warrant that all information you provide in our online shops is accurate, up to date and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell or assign your account to another person, nor may you grant licences in relation to that account.

SECTION 2: OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online shops. However, please note that the colours or appearance of the product may differ from how they appear on your screen due to the type of device you use to access the shop and its settings.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those displayed in our online shops.

All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of products we offer to any person, geographical region or jurisdiction, as the case may be.

SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. ibkbike.es reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until ibkbike.es confirms acceptance. We must receive and process your payment for your order to be accepted. Please check your order carefully before dispatch, as ibkbike.es may not be able to accommodate cancellation requests once an order has been accepted. Should we not accept, amend in any way or cancel an order, we will endeavour to notify you via the email address, billing address or telephone number provided when placing the order.

Your purchases are subject to returns or exchanges solely in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for personal or domestic use only and not for resale or export for commercial purposes.

SECTION 4: PRICES AND INVOICING

Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service will be the price in force at the time the order is placed and will be set out in the order confirmation email you receive. Unless expressly stated otherwise, published prices do not include taxes, postage, order processing fees, customs clearance or import charges.

Prices published on our online shops may differ from those offered in physical shops, online shops or other types of shops operated by third parties. From time to time, we may offer promotions for the Services which may affect prices and are governed by terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

For all purchases made in our shops, you agree to provide current, complete and accurate information regarding purchases, payments and accounts. You agree to promptly update your account information and other details, such as your email address and your credit card numbers and expiry dates, so that we can complete your transactions and contact you as necessary.

You represent and warrant that (i) the credit card information you have provided is true, correct and complete; that (ii) you are duly authorised to use that credit card for the purchase; that (iii) your credit card issuer will honour the charges incurred by you; and that (iv) you will pay the charges incurred at the published prices, including shipping costs, order processing fees and applicable taxes, if any.

SECTION 5. SHIPPING AND DELIVERY

We accept no liability for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We accept no liability for delays caused by carriers, customs clearance or events beyond our control. Once we have handed over the products to the carrier, title and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including, but not limited to, registered trademarks, trade marks, text, samples, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are the property of ibkbike.es, its affiliates or licensors and are protected by US and foreign copyright and other intellectual property laws.

These terms permit you to use the Services solely for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works from, publicly display, include in public demonstrations, republish, download, store or transmit the material contained in the Services without our prior written consent.

Unless expressly set out herein, no provision of these Terms grants, or shall be construed as granting, any licence or any other right to you in respect of patents, trade marks, copyright or any other form of intellectual property of ibkbike.es, Shopify or third parties. Unauthorised use of the Services may constitute a breach of federal and state intellectual property laws. ibkbike.es reserves all rights not expressly granted herein.

The names, logos, product and service names, designs and slogans of ibkbike.es are registered trademarks of ibkbike.es, its affiliates or its licensors. You must not use these trademarks without the prior written consent of ibkbike.es. The name, logo, product and service names, designs and slogans of Shopify are registered trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are registered trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be provided with access to third-party customer tools over which we exercise no supervision, control or involvement.

You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind, and without endorsement. We shall not be liable for any liability arising from your use of the optional third-party tools.

At your sole discretion, you assume the risk of using the optional third-party tools offered through the site, and you must ensure that you are aware of and agree to the terms under which the third-party providers offer the tools.

We may also, in the future, introduce new features via the Services (including the launch of new tools and resources). These new features shall also be deemed part of the Services and shall be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for reviewing or evaluating, nor for the accuracy of, any third-party materials or websites that you choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.

We accept no liability for any loss or damage arising from your access to third-party websites or from your purchase or use of any products, services or resources from third-party websites. Please review the third parties’ policies and practices carefully and ensure you understand them before entering into any transaction. Any complaints, claims, concerns or enquiries regarding third-party products and services should be directed to those third parties.

SECTION 9: RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship with your shop and must not be deleted or modified].

ibkbike.es is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our shop are conducted directly with ibkbike.es. By using the Services, you acknowledge and agree that Shopify is not liable for any aspect of the sales taking place between you and ibkbike.es, including any injuries, damage or loss caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liability arising from or relating to your purchases and transactions with ibkbike.es.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

As the Services are hosted on Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services for you. For the purpose of providing services to you, the information you submit to the Services will be transmitted to and shared with Shopify and third parties who may be located in countries other than the one in which you reside. For further information on how we, Shopify and our partners use your personal information, please see our Privacy Policy [LINK].

SECTION 11: COMMENTS

If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sub-licensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Comments in any medium and for any purpose, including commercial use. For example, we may exercise our rights under this licence to operate, provide, evaluate, optimise, improve and promote the Services, and to fulfil our obligations and enforce our rights under the Terms of Service.

You also represent and warrant that: (i) you own all necessary rights to all Comments; (ii) you have disclosed any compensation or incentive received in connection with your submission of the Comments; and (iii) your Comments will comply with these Terms. We are not, and shall not be, under any obligation to (1) treat your Comments as confidential; (2) provide compensation for your Comments; or (3) respond to your Comments.

We may, without any obligation to do so, monitor, edit or remove Comments which, in our sole discretion, we determine to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or which constitute an infringement of any party’s intellectual property rights or of these Terms of Service.

You agree that your Comments will not infringe any third-party rights, including copyright, trade mark, privacy, personality or other personal or proprietary rights. You also agree that your Comments will not contain libellous or illegal, abusive or obscene remarks, nor computer viruses or other malware that could in any way affect the operation of the Services or any related website.

You must not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you submit and for their accuracy. We accept no liability for Comments posted by you or by third parties.

SECTION 12: ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information relating to or contained within the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders in the event of any inaccuracy in the information, at any time, without prior notice (including after you have placed your order).

SECTION 13: PROHIBITED USES

You may access and use the Services solely for lawful purposes. You must not access or use the Services, either directly or indirectly: (a) for any unlawful or malicious purpose; (b) to breach international, federal, provincial or state regulations, laws or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, discredit or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit or arrange for the transmission of ‘spam’, ‘chain letters’, ‘junk mail’ or any other similar content; (h) to impersonate any other person or entity, or attempt to do so; (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or which, in our view, may harm ibkbike.es, Shopify or users of the Services, or expose them to liability.

Furthermore, you agree not to do the following: (a) upload or transmit viruses or any other type of malicious code that is used or may be used in any way that affects the functionality or provision of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) send spam, engage in phishing, commit pharmaceutical fraud, engage in fraudulent staging, commit spidering offences, or engage in web crawling or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, deactivate or terminate your account at any time without prior notice if we determine that you have breached any part of these Terms.

SECTION 14: TERMINATION

We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you may remain liable for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision which, by its nature, is intended to survive termination.

SECTION 15: DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on this information is at your own risk. We accept no liability arising from any reliance placed on such materials by you or any visitor to the Services, or by any person who may be aware of their content.

UNLESS EXPRESSLY STATED OTHERWISE BY ibkbike.es, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOU WILL BE ABLE TO USE THE SERVICES ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS. IN SOME JURISDICTIONS, THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED; THEREFORE, THIS EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ibkbike.es, OUR PARTNERS, DIRECTORS, EXECUTIVES, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES, NOR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE, by you of the Services or any product, including, without limitation, any error or damage of any kind resulting from the use of the Services or any content (OR PRODUCT) PUBLISHED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend and hold harmless ibkbike.es, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability or claim, including the cost of reasonable legal fees, payable to any third party arising out of (1) your breach of these Terms of Service or the documents incorporated by reference herein, (2) your breach of any law or the rights of any third party, or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification, on the understanding that failure to provide prompt notification will not relieve you of your obligations unless you have suffered significant harm. We may manage the defence and resolution of such a claim at your expense, including the choice of solicitor, but we will not settle claims that impose non-monetary obligations on you without your consent (without undue delay). You shall cooperate in the defence of claims subject to indemnity, for example by providing relevant documents.

SECTION 18: SEVERABILITY

Should any provision of these Terms of Service be found to be unlawful, void or unenforceable, that provision shall be enforceable to the extent permitted by applicable law and the unenforceable section shall be deemed severable from these Terms of Service; such a finding shall not affect the validity or enforceability of any other provision.

SECTION 19: WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and the policies or operating rules that we publish on this site or in relation to the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede any prior or present agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any previous version of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20: ASSIGNMENT

You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be deemed null and void. We may transfer, assign or delegate these Terms, together with our rights and obligations hereunder, without your consent or notice to you.

SECTION 21: GOVERNING LAW

These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of the federal, state or territorial courts of the jurisdiction to which ibkbike.es belongs. You and ibkbike.es hereby submit to the jurisdiction of such courts.

SECTION 22: HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 23: CHANGES TO THE TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms of Service by publishing updates and amendments on our website. It is your responsibility to visit our website periodically to review any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect from the date specified in the notification. Your continued use of or access to the Services following the publication of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 24: CONTACT DETAILS

Please send any queries regarding the Terms of Service to clients@ibkbike.com.

Our contact details are set out below:

Turboebike 2018 S.L.

clients@ibkbike.com

Ind. Pol., 26, 20270 Anoeta, Gipuzkoa

+34 843 99 99 53

Volume 2509, Folio 176, Section 8, Page 33390, Entry 2

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