LEGAL NOTICE AND GENERAL CONDITIONS FOR ONLINE SALES
In accordance with the provisions of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the GDPR), Article 11 of Personal Data Protection and Guarantee of Digital Rights Act 3/2018, 5 December 2018 (the “LOPDGDD”) and Article 10 of Information Society and Electronic Commerce Services Act 34/2002, of 11 July 2002 (the “LSSI-CE”), USERS accessing this website are provided with the following information:
1. General Information about the SERVICE PROVIDER:
The identifying details of the company that is the owner of this website are indicated below: BLUE FACTORYTEAM S.L.U., registered in the Companies Register of Alicante, Volume 2680, Page 77, Entry 1, Sheet A-78080
• Registered owner of the website: BLUE FACTORYTEAM S.L.U. (hereinafter, MONDRAKER)
• Tax ID: B-53789822
• Registered office: Calle Nicolás Copérnico 4- Parque Industrial Torrellano, 03203 Elche, Alicante, Spain
• Telephone: 965 063 424
• Contact email: firstname.lastname@example.org
• Website: www.mondraker.com
2. Purpose of the WEBSITE
These General Conditions of Use and Online Sales govern access to the website mondraker.com (hereinafter, the Website) and the purchase of the Products that it offers (hereinafter, the Products). We would in this regard ask you carefully and patiently to read these Conditions when accessing the Website. Users who continue to browse the Website will be deemed to have acknowledged and accepted these conditions. USERS will in this regard be understood as all persons accessing the Website (whether or not they purchase a product there).
Any queries as to these policies may be consulted via the means of contact provided in this LEGAL NOTICE AND GENERAL CONDITIONS OF ONLINE SALES.
MONDRAKER reserves the right to modify any type of information which may appear on this website, without any obligation to provide prior notice or to inform users of such obligations, publication on the website of MONDRAKER being deemed sufficient.
The modified conditions will take effect on the date of publication for all USERS. USERS should therefore regularly consult these conditions in order to apprise themselves of any updates.
The Website is available in Spanish, English, French and German, with English being the language which is available at all times for USERS. Meanwhile, the contract of sale for the products offered on the Website is formalised in Spanish.
4. General Conditions for Online Purchases:
4.1. Purchase process:
No registration will be required to access the Website, as users may freely access it as guest. It is also possible to create a user profile under "Log in/Register".
To purchase on the Website, USERS will need to select the products of interest to them, and include them in their virtual shopping cart. Technical details appear alongside each product, indicating the main product specifications, which may be modified by MONDRAKER over time.
MONDRAKER likewise reserves the right temporarily or definitively to interrupt supply in the event of exceptional circumstances preventing all or some obligations being fulfilled by the vendor party.
Once USERS have finished placing the Products of interest to them in the shopping cart, they should then proceed to make payment in order to perform the purchase. At this point the USER's details will be entered (to identify them and send the product), along with the chosen payment method. Once all these details have been entered and payment has been made, the USER will receive an order confirmation email with information as to the purchase made and the estimated product delivery time.
The USER must verify the order confirmation and immediately notify us in writing of any error.
An electronic invoice will be included with the order confirmation. The order/invoice number will be the reference that the USER will use in the event of incidents or queries in connection with the products ordered.
4.2. Product Availability (Stock):
Orders will be subject to availability and acceptance by MONDRAKER. Price quotations or economic offers will be valid only for the duration indicated on the Website. If no duration is indicated, this will be 30 days.
MONDRAKER likewise reserves the right to cancel the order at any time on objective grounds outside the control of MONDRAKER.
4.3. Product dispatch and delivery:
When users make a purchase on the Website, they may choose to have the Product sent to their home or select the store collection option under Click & Collect. When purchasing the Product, this option allows USERS to choose the store where they wish to collect the Product at the established times, from among those available.
Products will be delivered by the approximate date indicated by MONDRAKER together with confirmation of the purchase. These dates are an indication, and are not guaranteed or binding. The Products will nonetheless reach the User within a maximum of 30 days of the order being placed.
MONDRAKER will accept no liability for any loss or damage that the USER may incur in the event of an unavoidable delay in delivery.
4.4. Transfer of risk and Ownership:
Ownership and risk of loss regarding the products will be transferred to the USER at the moment of delivery of the Product.
Both ownership and the risk of damage and/or loss of the products will be transferred to the Purchaser USER at the moment when MONDRAKER hands the products over to the Purchaser USER.
4.5. Price, delivery costs and discounts:
The price of the Products will be the price established in the Offer.
Where applicable, the product price is the final price including taxes.
The delivery location is indicated in the order confirmation, as indicated by the USER when making the purchase.
Delivery will be free of charge for the purchase of Products in excess of 50 euros. Likewise, depending on the country of delivery for the Products chosen by the User, the applicable delivery costs will be indicated during checkout before the order is confirmed.
4.6. Method of Payment:
The accepted means of payment is by bankcard. Payment may be made by means of VISA, MasterCard or American Express cards in accordance with the terms of each of these companies.
4.7. Returns and changes:
USERS are entitled to withdraw from this contract within a period of 30 calendar days without the need to give any reason.
In the case of apparel, this must have the original Product labelling, since no alterations will be accepted. With regard to spare parts and components, they must not show any signs of use.
MONDRAKER will likewise not accept any changes of Products that are in perfect condition. Purchasers may only return such Products and received the corresponding reimbursement.
MONDRAKER will offer USERS the option of cashing in vouchers on the Website. MONDRAKER will also provide USERS with a printed return label, contained inside the delivery box. In the case of returns, the USER will bear the cost of returning the Products.
MONDRAKER warrants that its Products are free of manufacturing and material defects at source.
This warranty is tied solely to the purchase of Products online (apparel, spare parts and components) and the frame or components manufactured by MONDRAKER. The Product must likewise not have been modified from its original condition, nor be fitted with accessories or spares not authorised by MONDRAKER.
In the event that the Purchaser has the status of Consumer, the commercial warranty will be governed by Spanish Royal Decree 1/2007, of 16 November 2007, approving the consolidated text of the Consumer and User Protection Act, and all other complementary legislation, taking into account the amendments made to said legislation by Spanish Royal Decree-Act 7/2021, of 27 April 2021, transposing European Union Directives with regard to Consumer protection, in particular Directive (EU) 2019/771 of the European Parliament and of the Council, of 20 May 2019, on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC.
In accordance with the applicable regulations, in the event of product non-conformity, MONDRAKER will be liable for non-conformities that exist at the time of delivery or supply and become apparent within a period of three (3) years of delivery, the delivery dates being understood as the date indicated on the commercial invoice, unless the Purchaser explicitly acknowledged conformity by signing the corresponding delivery document for the goods, and without prejudice to the provisions of consumer protection regulations if the Purchaser has such status.
This warranty is governed by Consumer and User protection legislation, and applies if the Purchaser has such status, covering only malfunction derived from proven manufacturing defects, in other words non-conformities existing at the time of product delivery. However, it will not be valid in the event of misuse, inappropriate or incorrect maintenance and/or functioning, or in the event of improper use of the product, or as a result of negligence or a lack of expertise on the part of the Purchaser, or in the case of incidents caused by force majeure. In short, for any reason outside the responsibility of the manufacturer. This warranty will likewise be immediately voided in the event that the product is manipulated, modified or repaired by any person without the authorisation of MONDRAKER.
In the event that Consumer and User protection legislation establishes presumptions with regard to the existence of non-conformities at the time of delivery of the products to the end Consumer, there will be an appraisal of whether the presumption is compatible with the nature of the product and the type of non-conformity that has been found.
MONDRAKER may in any event inspect any faults or defects claimed by the Purchaser by any means it may see fit, including the right to conduct an expert examination in order to demonstrate whether the non-conformity existed at the time of delivery of the products.
MONDRAKER undertakes, if the Purchaser has end Consumer status, and entirely in accordance with the legislation in force, other than in cases of force majeure, to warranty spare parts for a period of ten (10) years from the date when the goods are no longer manufactured.
The cost of sending the Product to the store and labour costs must in any event be covered by the USER.
5. Accuracy of data provided by the User
By making use of this website, the USER accepts the processing of such information and data, and declares that all information or data provided to us are accurate and correspond to the true circumstances. If the USER does not provide all the information required, it will not be possible to process that order.
USERS are specifically informed that their delivery details will be passed on to the transport agency that delivers the products acquired, solely and exclusively for this purpose.
6. Legal minors
MONDRAKER intends its services for USERS aged over 18. Those under legal age are not authorised to use the Website services, and therefore must not send their personal data to MONDRAKER, unless the under-age USER has the prior consent of their parents or legal guardians before proceeding to include their personal data in the forms for this Website. In the event of a breach of the terms of this clause, MONDRAKER declines all liability for any possible consequences that might result from the breach, in other words MONDRAKER will accept no liability for any breach of this requirement.
7. Geographical scope
The articles offered via this website are only available for delivery to Spain, Portugal, Benelux, France, Austria and Germany.
8. Industrial and Intellectual Property
All content of the Website, including, without being confined to, text, photographs, graphics, images, icons, technology, software, source and object code, links and other audio and audiovisual materials, graphic design and source codes (hereinafter, the CONTENT) are the property of MONDRAKER or of third parties, and the USER undertakes to respect the content and not to infringe or copy it.
The rights of exploitation acknowledged under the regulations in force with regard to copyright over the works owned by MONDRAKER and third parties are in no way transferred to the USER. In accordance with the above, access to the Website does not grant any right over registered trademarks, patents, trade names and/or logos appearing in it, nor is any type of licence or authorisation granted for the use of the corresponding elements and rights.
Likewise, a strict prohibition applies to the copying, reproduction, adaptation, modification, distribution, marketing, public communication and/or any other action that would constitute a violation of the Spanish and/or international regulations in force with regard to intellectual and/or industrial property, in addition to the use of the (MONDRAKER-owned) content of the Website, without the prior, explicit and written authorisation of MONDRAKER.
Any unauthorised use of the CONTENT (owned by MONDRAKER) of the Website will constitute a breach of Copyright Law, Industrial and Intellectual Property Law and/or unfair competition and other possible regulations, in response to which MONDRAKER will bring and pursue any civil and/or criminal action to which it might be entitled against those infringing or violating its rights.
9. Waiver of warranties and liability of MONDRAKER
MONDRAKER reserves the right to refuse or withdraw access to the site and/or the services offered, without the need for prior notice, on its own initiative or at the request of a third party, with regard to any USERS who are in breach of these principles.
USERS acknowledge that use of the Website and its contents are performed subject to their sole responsibility. Specifically, merely by way of example, MONDRAKER declines all liability in the following spheres:
• Functional availability of the Website, its services and content, and their quality or interoperability.
• The purpose for which the Website serves the ends of the USER.
• Any breach of the legislation in force on the part of the USER or third parties, and specifically any intellectual property rights held by other persons or entities.
• The existence of malware or any other harmful digital element that could cause damage to the IT system of the USER or third parties. It is in all cases the responsibility of USERS to have in place appropriate tools to detect and disinfect such elements.
• Fraudulent access to the content or services on the part of unauthorised third parties or, where applicable, the capture, elimination, alteration, modification or manipulation of messages and communications of any kind that might be performed by such third parties.
• The precision, accuracy, updated status and usefulness of the content and services offered, and any subsequent use made thereof by the USER. MONDRAKER will dedicate all reasonable means and efforts to provide updated and reliable information.
• Any damage caused to computer equipment during access to the Website and any damage suffered by USERS derived from failures or disconnections in telecommunications networks interrupting the service.
• Of the information published on its website, wherever such information has been manipulated or inserted by a third party outside its control.
• Any damages derived from circumstances occurring as acts of God or force majeure.
For the purposes of this agreement, Force Majeure means (i) any act outside human control, strikes, lockouts or other industrial unrest (other than strikes, lockouts or any other labour disputes connected with the personnel of MONDRAKER or its subcontractors, or of any of the employees of its subcontractors); (ii) war, whether or not declared, threat of war, acts of terrorism, blockade, revolution, uprising, insurrection, civil unrest, sabotage, acts of vandalism; (iii) fire; (iv) impossibility of using ships, aircraft, motor transport or other means of transport; (v) impossibility of using public or private telecommunications systems; (vi) acts, decrees, legislation, regulations or restrictions of any government or public authority; (vii) epidemic; (viii) subsidence, violent storm (recognised by the National Meteorological Agency) or any other natural disaster, but not less severe weather conditions, flooding, earthquakes, unforeseeable explosions (in each case) in accordance with good industry practices, making it impossible for MONDRAKER to fulfil the obligations set forth in this contract.
The obligations will be suspended throughout the duration of the cause of Force Majeure, and we will be granted an extension to the deadline to fulfil such obligations for a duration equal to that of the cause of Force Majeure.
The Website may redirect to third-party content or third-party websites. As MONDRAKER cannot always control the content incorporated by third parties on their websites, it accepts no form of liability with regard to such content. In all cases MONDRAKER declares that it will proceed immediately to remove any content which could violate national or international legislation, morality or public policy, proceeding immediately to remove the redirection to that website, and informing the competent authorities of the content in question.
USERS undertake to make proper use of the content and services of MONDRAKER.
MONDRAKER accepts no liability for the information and content stored on platforms which include, without being confined to, forums, chat rooms, blog generators, comments, social media or any other medium allowing third parties to publish content independently on the website of MONDRAKER.
USERS wishing to establish a hyperlink on their website to the MONDRAKER website must not make any use that is unlawful or in bad faith of the information, services or products made available on the aforementioned website, and specifically USERS including a link or hyperlink give the following undertakings:
• Not to destroy, damage or in any way alter the content, services or products made available to USERS on the MONDRAKER website.
• Not to declare that MONDRAKER accepts supervision of the hyperlink or content of the website of the USER containing a link to the MONDRAKER site on their own website. MONDRAKER will not be liable under any circumstances for the content or services of the website of the USER that includes the link or hyperlink to the MONDRAKER website.
• Not to include on their own site the trademarks, trade name or any distinctive sign belonging to MONDRAKER without the prior authorisation of the company.
However, in fulfilment of the provisions of Articles 11 and 16 of the LSSI-CE, MONDRAKER remains at the service of all users, authorities and law enforcement agencies, actively cooperating in the removal or, where applicable, blockage of any content that could affect or contravene national or international law, third-party rights or morality and public policy. In the event that users believe that the website contains any content which could be thus classified, they are asked to notify the Website administrator immediately.
10. Applicable law and jurisdiction
In order to resolve any disputes or issues connected with this Website or the activities performed therein, Spanish legislation will apply, as explicitly accepted by MONDRAKER and the USER, jurisdiction to resolve all disputes derived from or connected with the use thereof lying with the Court of Arbitration of Alicante, Spain, based at the Official Chamber of Commerce, Industry and Shipping of Alicante, Spain, which is entrusted with administration of the arbitration and appointment of the arbitrators, in accordance with its Rules and Statutes, to be resolved through application of Spanish law.
MONDRAKER likewise informs users that the European Commission has set up the first European platform for out-of-court dispute resolution in online trade. In this regard, in order to make use of the dispute resolution platform users should visit the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
11. Personal Data Protection
mitted to compliance with Spanish personal data protection regulations, and therefore strives to ensure proper use and processing of USERS' personal data, ensuring full compliance with the established obligations, and the implementation of the security measures established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the GDPR) and Personal Data Protection and Guarantee of Digital Rights Act 3/2018, of 5 December 2018 (the LOPDGDD).
• Details of the Data Controller.
• Data processed.
• Filing system in which data are stored.
• Purpose of processing.
• Whether or not provision of data is mandatory, and the consequences of non-provision.
• The rights enjoyed by users and the procedure by means of which they may be exercised.
In fulfilment of the General Data Protection Regulation and the Personal Data Protection and Guarantee of Digital Rights Act, we inform you that the information you have provided will be included in the automated filing systems of MONDRAKER for the purpose of administrative management of requests for access and the sending of our products and services, in addition to communications of interest to you. You are entitled to access this information and to cancel or rectify it, by writing to the address of the organisation. This organisation guarantees the adoption of appropriate measures to ensure the confidential processing of such data.
MONDRAKER will prosecute any breach of these Conditions and any improper usage of its portal by bringing any civil and criminal action to which it might be entitled in law.
13. Unauthorised use
As a USER of this website you undertake to make no use thereof for unlawful purposes or activities: you will not be entitled to modify any of the material included on our website, and likewise must not copy, distribute, transfer, present, produce or, in general, reproduce in any way, publish, authorise or create any work on the basis of the information or the content included on our website, http://www.mondraker.com/, the agents, executives, subsidiaries and employees thereof.
Our website may contain certain typographical errors. We reserve the right to modify the website content without prior notification.
MONDRAKER accepts no legal liability regarding exemplary, general, punitive, fortuitous, indirect or special damages connected with this website or derived therefrom, whether or not the parties have actual or implicit knowledge of any damages that they could incur.
Latest update: January 2022