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: infoweb@mondraker.com
• 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.
3. Contents
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.
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 clothing, garments must have their original Product labels, 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 receive the corresponding reimbursement.
MONDRAKER will offer USERS the option of cashing in vouchers on the Website. If a return is requested, with prior authorisation and fulfilment of the returns policy, MONDRAKER will provide the USER with the return label to be printed and handed over at the authorised point. In the case of returns, USER will bear the cost of returning the Products.
Lastly, in the specific case that the USER wishes to return any MONDRAKER bike, the Product in question must be in the same condition in which it was delivered. In other words, without having been used or taken for a test ride, and with its original packaging and label. MONDRAKER will therefore accept no alterations to the Product.
4.8. Warranty:
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).
MONDRAKER makes available to USERS the company's Privacy Policy, informing users with regard to the following aspects:
• 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.
12. Generalities
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
If you are aged under 18, you must inform your parents or legal guardians of the Privacy Policy and the Conditions of MONDRAKER, as they will be required to approve them.
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.
14. Modifications
Our website may contain certain typographical errors. We reserve the right to modify the website content without prior notification.
15. Disclaimer
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: october 2022
TERMS AND CONDITIONS OF THE “JOIN MONDRAKER” PROMOTION
1. COMPANY ORGANISING THE PROMOTION
BLUE FACTORY TEAM, S.L.U., with registered office at C/ Nicolás Copérnico, 4, 03203 Elche (Alicante), Spain, and Tax Identification Number (N.I.F.) B-53789822 (hereinafter, “MONDRAKER” or the “Organiser”), is organising a prize draw for promotional purposes called “JOIN MONDRAKER” (hereinafter, the “Promotion”), consisting of the award of 20 exclusive Mondraker product packs to 20 winners, in accordance with the conditions set out in these Terms and Conditions.
The Promotion is open worldwide and will be conducted through Mondraker’s official website and the forms made available for this purpose on Instagram and TikTok.
Individuals over the age of eighteen (18) residing in any country worldwide may participate in the Promotion, provided that they meet the requirements set out in these Terms and Conditions and that their participation and receipt of the prize are permitted under the legislation applicable in their country of residence.
Individuals whose participation or receipt of the prize is prohibited by applicable law, or is subject to authorisations or legal requirements that have not been met, will be excluded, without any right to compensation or indemnity.
Participation in the Promotion is free of charge and does not require the purchase of Mondraker products or services. Participation is subject to full compliance with these Terms and Conditions.
2. START AND END DATES
The Promotion will begin on 28 October 2026 at 00:00 and end on 11 November 2026 at 23:59, both dates inclusive, according to the official time in Spain (CET, UTC+1).
No new entries submitted outside the stated period will be accepted, without prejudice to the participation of individuals who were already subscribed to the Mondraker newsletter before the Promotion began, in accordance with Clause 3 of these Terms and Conditions.
3. PARTICIPATION REQUIREMENTS AND HOW THE PROMOTION WORKS
All individuals over the age of eighteen (18) who meet the requirements set out in these Terms and Conditions and are subscribed to the Mondraker newsletter may participate, whether they subscribed before the Promotion began or during the Promotion period.
Participation in the Promotion is subject to the following conditions:
a) New subscribers: Individuals wishing to participate who are not already subscribed to the Mondraker newsletter may do so through the forms available on Mondraker’s official website or on Instagram and TikTok, by providing the requested details, including their name, country, language and email address.
b) Existing subscribers: Individuals who were already subscribed to the Mondraker newsletter before the Promotion began will participate in the draw on the same terms as new subscribers, without needing to register again, provided that their subscription remains active on the date the Promotion ends and that they meet the other requirements set out in these Terms and Conditions.
Each participant is entitled to only one entry in the draw, regardless of the number of forms completed or the number of times they have provided their details. For this purpose, the email address associated with the subscription will be considered the unique identifier.
BLUE FACTORY TEAM, S.L.U. reserves the right to verify compliance with the participation requirements and to exclude entries containing false, incomplete or inaccurate information, as well as duplicate or fraudulent entries or entries made using automated procedures that interfere with the proper conduct of the Promotion.
Participation in the draw is free of charge and does not require the purchase of any Mondraker product or service.
The processing of personal data required to manage participation in the Promotion will be carried out in accordance with Clause 7 of these Terms and Conditions. Participation in the draw does not, in itself, constitute additional consent to receive commercial communications; such communications must have a valid legal basis and comply with the applicable rules on personal data protection and commercial communications.
4. PROMOTION CONDITIONS AND PRIZE
A random draw will be held among all valid entries, including both individuals who were already subscribed to the Mondraker newsletter before the Promotion began and those who subscribe during the Promotion period. The draw will be conducted through the AppSorteos platform (appsorteos.com) on 12 November 2026 to determine the winners and reserve winners of the Promotion.
The draw will select 20 winners and, in addition, three (3) reserve winners, in the order in which they are drawn. The reserve winners will be contacted successively if any initially selected winner does not meet the participation requirements, declines the prize, cannot be reached or does not respond within the specified period.
The prize consists of 20 exclusive Mondraker product packs, each comprising a cap, a water bottle, a keyring, a lanyard and a fitted fisher hat.
The prize is personal and non-transferable and may not be exchanged for cash, replaced with other products or modified at the winner’s request, without prejudice to the provisions of these Terms and Conditions.
Winners will be contacted by BLUE FACTORY TEAM, S.L.U. at the email address associated with their Mondraker newsletter subscription. They must reply to that communication and expressly accept the prize within a maximum of seven (7) calendar days from the date it is sent.
If a winner fails to respond within the stated period, declines the prize, fails to provide the information required for delivery or fails to demonstrate compliance with these Terms and Conditions, they will forfeit their right to the prize. The first reserve winner will then be contacted, followed successively by the remaining reserve winners in the order in which they were selected.
If none of the selected winners or reserve winners meets the requirements or accepts the prize within the specified time limits, BLUE FACTORY TEAM, S.L.U. may declare the draw void, without any right to compensation or indemnity.
The prize will be delivered to the address provided by the winner once compliance with the participation requirements has been verified and the information required to arrange shipping has been obtained.
Winners shall be responsible for any taxes or duties legally payable as a result of accepting or receiving the prize, as well as shipping, transport, customs, tariffs, import taxes and any other costs arising from the Promotion that have not been expressly assumed by BLUE FACTORY TEAM, S.L.U., without prejudice to the Organiser’s statutory obligations.
BLUE FACTORY TEAM, S.L.U. shall not be liable for an inability to deliver the prize where this results from circumstances attributable to the winner, legal restrictions applicable in their country of residence or causes beyond the Organiser’s reasonable control, without prejudice to any liability imposed on it by law.
5. RESTRICTIONS
If it is established that any participant does not meet the requirements set out in these Terms and Conditions, has provided false, inaccurate or incomplete information, or has participated through fraudulent or duplicate entries or in breach of the Promotion conditions, BLUE FACTORY TEAM, S.L.U. may invalidate their entry and exclude them from the Promotion, with the consequent loss of any right to a prize they may otherwise have been entitled to receive.
BLUE FACTORY TEAM, S.L.U. reserves the right to take reasonable and proportionate measures necessary to prevent, detect and address any fraudulent or irregular conduct that could disrupt the proper conduct of the Promotion or prejudice the rights of other participants.
BLUE FACTORY TEAM, S.L.U. also reserves the right to amend, suspend, postpone or cancel the Promotion where objective and duly justified grounds arise, including force majeure, subsequent legal impossibility, serious technical incidents or fraudulent acts that prevent the Promotion from proceeding normally, provided that such measures are proportionate, are communicated to participants by appropriate means and do not unjustifiably prejudice rights already acquired by them.
Claims relating to the conduct or outcome of the Promotion must be submitted within FIFTEEN (15) calendar days from the date on which the prize award is announced, without prejudice to participants’ statutory rights and remedies and the time limits applicable under the relevant legislation.
6. DISCLAIMER OF LIABILITY
BLUE FACTORY TEAM, S.L.U. shall not be liable for any loss, theft, delay, technical incident, interruption of internet services or any other circumstance attributable to third parties and beyond its reasonable control that may affect the proper conduct of the Promotion, provided that such circumstances are not legally attributable to it.
BLUE FACTORY TEAM, S.L.U. shall also not be liable for improper or negligent use of the prize, or use contrary to the manufacturer’s instructions, by the winner or third parties after delivery, nor for any resulting damage or loss, except where such damage results from an act attributable to the Organiser or where liability cannot legally be excluded or limited.
BLUE FACTORY TEAM, S.L.U. shall likewise not be liable for breaches, delays or inability to perform resulting from force majeure or unforeseeable events, provided that these are beyond its reasonable control and are not legally attributable to it.
In the event of serious technical incidents, fraudulent acts, force majeure or other extraordinary circumstances preventing the Promotion from proceeding normally, BLUE FACTORY TEAM, S.L.U. may take the measures set out in Clause 5, including, where necessary and duly justified, amending, suspending, postponing or cancelling the Promotion, while respecting participants’ statutory rights.
7. PERSONAL DATA PROTECTION
In accordance with 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 (hereinafter, the “GDPR”), and Spanish Organic Law 3/2018 of 5 December on Personal Data Protection and the guarantee of digital rights (hereinafter, the “LOPDGDD”), participants are informed that personal data provided or processed in connection with their participation in this Promotion will be processed on the terms set out below.
Data controller: The controller of personal data will be BLUE FACTORY TEAM, S.L.U., Tax Identification Number B-53789822, with registered office at C/ Nicolás Copérnico, 4, 03203 Elche (Alicante), Spain. The company may be contacted at marketing@mondraker.com.
Purposes of processing: Participants’ personal data will be processed to manage their participation in the Promotion, verify compliance with these Terms and Conditions, conduct the draw, select and contact the winner and, where applicable, reserve winners, manage acceptance and delivery of the prize, handle queries and claims relating to the Promotion, and comply with applicable legal obligations.
Participants’ personal data may also be processed to send commercial, advertising or promotional communications relating to Mondraker products, services and activities, provided that a valid legal basis exists for such processing and the requirements of applicable law are met.
Legal basis for processing: Processing of personal data necessary to manage participation in the Promotion is based on the performance of the legal relationship arising from acceptance of these Terms and Conditions, in accordance with Article 6(1)(b) of the GDPR.
Processing necessary to comply with the legal obligations applicable to BLUE FACTORY TEAM, S.L.U., including any tax obligations, is based on Article 6(1)(c) of the GDPR.
Commercial communications by electronic means will be sent only where a valid legal basis exists and the requirements of the GDPR, the LOPDGDD and Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE) are met.
Where processing is based on the data subject’s consent, that consent may be withdrawn at any time, without affecting the lawfulness of processing carried out before withdrawal.
Participation by existing subscribers: Individuals who were already subscribed to the Mondraker newsletter before the Promotion began may participate in the draw under the conditions set out in these Terms and Conditions, provided that the processing of their personal data for this purpose is supported by a valid legal basis and they have been provided with the information required by applicable law.
Recipients of data: Personal data may be disclosed to public authorities and other competent bodies where there is a legal obligation to do so, and to transport companies and logistics operators to the extent necessary to arrange delivery of the prize.
Personal data may also be accessed by technology service providers, prize-draw management platforms and other service providers acting on behalf of BLUE FACTORY TEAM, S.L.U., subject to the obligations and safeguards set out in Article 28 of the GDPR where they act as processors.
If the use of platforms or service providers involves international transfers of personal data outside the European Economic Area, such transfers will be carried out in accordance with Chapter V of the GDPR, using the legally required mechanisms and safeguards.
Data retention: Personal data processed to manage the Promotion will be retained for as long as necessary to conduct the Promotion, select the winner, deliver the prize and handle any claims, as well as for any additional periods required to comply with legal obligations or establish potential liabilities.
Personal data processed to send commercial communications will be retained for as long as the legal basis for that processing remains valid and, where processing is based on consent, until the data subject withdraws it, without prejudice to any legally applicable retention periods.
Participants’ rights: Participants may exercise their rights of access, rectification, erasure, objection, restriction of processing and data portability, where applicable under the GDPR and the LOPDGDD, by contacting BLUE FACTORY TEAM, S.L.U. at marketing@mondraker.com.
Where processing is based on consent, data subjects may also withdraw their consent at any time, without affecting the lawfulness of processing carried out before withdrawal.
Participants also have the right to lodge a complaint with the Spanish Data Protection Agency (www.aepd.es) or the competent supervisory authority if they consider that the processing of their personal data breaches applicable law.
Accuracy of data: Participants warrant that the personal data they provide are true, accurate and up to date, and undertake to report any changes that may affect their participation in the Promotion or delivery of the prize.
For further information about the processing of their personal data, participants may consult Mondraker’s Privacy Policy on its official website, without prejudice to the specific information provided in connection with this Promotion.
8. AMENDMENTS
BLUE FACTORY TEAM, S.L.U. reserves the right to amend or supplement these Terms and Conditions where objective and duly justified grounds require it, provided that any changes are reasonable and proportionate, do not arbitrarily alter the essential conditions of the Promotion and do not prejudice rights already acquired by participants.
Any amendment to these Terms and Conditions will be communicated to participants through the same channels used to publicise the Promotion or through other means ensuring adequate notice, indicating the content of the amendment and the date on which it takes effect.
In all cases, amendments, suspensions, postponements or cancellations of the Promotion will be carried out in accordance with Clauses 5 and 6 of these Terms and Conditions and in full compliance with applicable law.
9. DISPUTES AND APPLICABLE LAW
These Terms and Conditions, and any matter relating to the interpretation, validity, compliance, performance or termination of the Promotion, will be governed by and interpreted in accordance with Spanish law, without prejudice to any mandatory provisions that may apply under consumer protection legislation and the relevant rules of private international law.
Any dispute, claim or legal matter arising from this Promotion or from the interpretation and application of these Terms and Conditions will fall within the jurisdiction of the courts and tribunals determined in accordance with the applicable rules on international and territorial jurisdiction, while respecting, in all cases, the rights to which participants may be legally entitled as consumers, where applicable.
10. CONFIDENTIALITY
BLUE FACTORY TEAM, S.L.U. undertakes to keep confidential personal data and any other confidential information obtained in connection with the organisation, conduct and implementation of this Promotion, adopting appropriate technical and organisational measures to ensure its security and prevent unauthorised access, use or disclosure.
Such information may be used only for the legitimate purposes set out in these Terms and Conditions and will not be disclosed to third parties unless necessary for the proper management of the Promotion, delivery of the prize, compliance with legal obligations or where another circumstance legitimises such disclosure in accordance with Clause 7 and applicable law.
The confidentiality obligation will remain in force after the Promotion ends for as long as the information retains its confidential nature, without prejudice to applicable legal obligations.
11. CLAIMS AND ENQUIRIES
For any enquiry, incident or claim relating to the organisation, conduct, outcome or implementation of the Promotion, participants may contact BLUE FACTORY TEAM, S.L.U. at marketing@mondraker.com.
Claims relating to the conduct or outcome of the Promotion should preferably be submitted within the fifteen (15) calendar-day period established in Clause 5, setting out the relevant facts and providing the information necessary for proper handling.
BLUE FACTORY TEAM, S.L.U. will review the claims received and respond within a reasonable period, without prejudice to participants’ statutory rights and remedies and the time limits applicable under the relevant legislation.
12. INSTAGRAM AND TIKTOK
This Promotion is not sponsored, endorsed, administered by or associated in any way with Instagram or TikTok.
Participants acknowledge that the Promotion is organised exclusively by BLUE FACTORY TEAM, S.L.U., which will be solely responsible for its organisation, conduct and implementation, without prejudice to any liability that may legally apply to the platforms mentioned.
Participation in the Promotion is also subject to compliance with the terms of use of the platforms through which it is conducted, to the extent applicable.
13. ACCEPTANCE OF THE TERMS AND CONDITIONS
Participation in this Promotion implies that participants have read and fully accepted these Terms and Conditions, which will be available for consultation on Mondraker’s official website throughout the Promotion period.
For new subscribers, these Terms and Conditions must be made available before participation through a link accessible from the relevant forms.
For individuals who were already subscribed to the Mondraker newsletter before the Promotion began, BLUE FACTORY TEAM, S.L.U. will provide appropriate information about the draw, its participation conditions and access to these Terms and Conditions, ensuring that they can express their wish not to participate in the Promotion without this affecting their newsletter subscription.
Participation in the Promotion is subject to compliance with the requirements set out in these Terms and Conditions. BLUE FACTORY TEAM, S.L.U. may exclude participants who fail to comply with those requirements, as provided in Clauses 3 and 5.
These Terms and Conditions will remain available to participants throughout the Promotion and may be consulted in connection with any claims arising from it.
