These General Terms and Conditions of Service (hereinafter referred to as the “General Terms”) govern the commercial relationship between FUN SPORT EXPRESS SL (from now on PROGRESS) and the user or client who makes an online purchase at PROGRESS through the forms available on its website www.progresscycles.com
These General Terms are subject to the Act 7/1998, dated 13 April, of General Terms and Conditions of Service; Act 26/1984, dated 19 July, General Law for the Protection of Consumers and Users; Royal Decree 1906/1999, dated 17 December 1999, regulating Telephone or Electronic Contracting with general terms and conditions; Organic Law 15/1999, dated 13 December, of Personal Data Protection; Act 7/1996, dated 15 January, Retail Commerce Regulation; and Act 34/2002, dated 11 July, Services of the Information Society and E-commerce.
PROGRESS reserves the right to make any changes it considers necessary, without prior notification, to the General Terms. These changes can be effected, via its websites, in any way legally permissible and must be complied with for the time that they appear on the website, or until they are legally modified with updated and posterior versions. However, PROGRESS reserves the right to apply, in particular cases, Specific Terms and Conditions of Service which take precedence over these General Terms when deemed necessary, and with prior and appropriate notification.
INFORMATION PRIOR TO PURCHASE
When making a purchase from PROGRESS via its website, the user or client declares that he expressly knows, understands and accepts the general terms and conditions of service. The user also declares that he is aged eighteen or over and has full legal capacity to act when accessing or making purchases from the PROGRESS websites. The user is responsible for keeping its user profile and password confidential, and must not make them known to third parties.
Once the purchase has been made the user will see on screen confirmation of their order, which can be printed as proof of purchase.
The order confirmation and proof of purchase (version printed by the user) is not equivalent to an invoice.
1.- PRODUCT OFFER AND PRICE LISTINGS.
In compliance with existing laws and, in particular, Act 34/2002, of Services of Information Society and E-commerce, PROGRESS provides information on all its saleable products, including their features and prices. However, PROGRESS reserves the right to withdraw, substitute or change products offered to its clients through the website, by changing the online product content description. Therefore, the products offered at any given moment on the PROGRESS website are subject to the General Terms in force, for each case. PROGRESS can also cease to offer, without prior notification and at any time, any of the aforementioned products.
2- INDICATION OF PRICES
Each product offered will have its price indicated. The prices indicated on the screen are those in force any time.
3- SHIPPING COST
Shipping cost will be calculated automatically by PROGRESS website depending on the shipping address.
The availability of products offered by PROGRESS on its websites may vary according to the client demand. Even though PROGRESS renews its stock on a regular basis, products ordered by clients may be out of stock at a particular time. In this instance, PROGRESS will send an e-mail to the client notifying them that the order is affected.
5- CUSTOM FEES AND OTHER IMPORT CHARGES
When placing the order, the recipient is the importer, so it must comply with all laws and regulations of the place of destination.
Orders shipped outside Spain may be subject to import taxes and/or border fees, applied by the relevant authorities.
Any additional charge or specific documentation that may be necessary for the delivery of your order must be assumed by the recipient, PROGRESS is not responsible for any additional charge that may be necessary for the delivery of the order. PROGRESS has no control over the extra charges that may be necessary in each country and therefore cannot predict the amount of these charges. Customs policies vary greatly, so contact your local customs office for more information.
When customs clearance procedures are required, it can cause delays beyond our estimates of original delivery.
If an order is returned because the recipient has not complied with any of the procedures for the delivery of the order, all logistical expenses will be passed on to the customer.
6.- ORDER DELIVERY
The order delivery time will depend on the product availability, the destination it is to be sent to and the type of delivery selected. Delivery time can range from 6 to 30 days.
7- PAYMENT METHODS
Payment to PROGRESS can be made in the following ways:
-Credit card, via MASTER-CARD or VISA. Payment will be effected with the Banc Sabadell payment gateway using SSL. Effectively, this means that PROGRESS will never know your credit card number.
8.- WARRANTY AND RETURNS POLICY
All products at progresscycles.com have a warranty that covers any material or manufacturing defect for a period of two years from the delivery date, in compliance with legal requirements, Act 22/94.
If defective, the seller must proceed, as appropriate, repair, replacement, price reduction or termination of the contract negotiations that will be free for consumers and users. The seller is liable for the faults that become apparent within two years from delivery. The consumer and user must inform the seller of the lack of conformity within two months after he has knowledge of it.
It does not cover damages caused due to negligence, bangs, wrong usage or incorrect handling, incorrect voltage levels, incorrect installation that is not carried out by the authorized technical service when required, or materials that have worn down as a result of normal use.
Products cannot be returned later than 14 days after the order has been delivered.
Products cannot be returned unless they are in their original packaging, in perfect conditions, with the product in perfect working order and non-assembled.
Once the product has been received at the warehouses, PROGRESS will check its condition before a refund is made. If a client receives a faulty product, it can be returned to PROGRESS and the client will be given a full refund (product and delivery costs), although PROGRESS will be liable for this refund only.
Products should be returned to the PROGRESS Refund Service:
Pol. Ind. Bonavista Av. Llenguadoc Nave 35, 08918, Badalona (Barcelona) Spain.
RESERVE LAW REVIEW POST-CONTRACTUAL ORDER:
Trade reserves the right to review order, through the electronic double click, pursuant to art. 27.1 c) Law 34/2002 Electronic Commerce Act, by which it is stated that the purchase could not be considered conclusive and perfect to reaffirm the initial click purchase, ie, by the drive of the second click confirmation and therefore at that time, it is when it is understood that the contractual parties undertake to bring to fruition and based on good faith, the contract between them.
As established in the art. 28.1 of Law 34/2002, the "confirmation" made by the seller is not an "approval" end of the contract, but the mere enactment of acknowledgment of acceptance the buyer has come to power by the seller.
If an error occurs in the offer, the seller agrees to review and rectify the error with web further delay that his knowledge, and based on good faith possible. Proceeding in this way, to cause as little inconvenience to the buyer, since at no time be holder of the material and therefore no harm in their heritage.
The refund of the purchase will be made erroneous automatically once the frustrated buyer indicates the resolution of the conflict, this is the moment, no proposal accepted by the seller, and demanded so.
He did not mean, in any case, as a double click confirmation automatic message sent from the web platform for which the buyer that the purchase has been made correctly Reportedly, since that would defeat the purpose of the current legislation in cases of Obstat error.
In compliance with the Organic Law 15/1999 regarding Personal Data Protection, PROGRESS notifies users of its websites that personal data collected by PROGRESS through its online forms will be entered into an automated file that is the responsibility of PROGRESS, with the aim of providing, enabling and effecting the agreements made between both parties. PROGRESS also notifies that users may exercise their right of access, cancelation, rectification and opposition by writing to the following address: Pol. Ind. Bonavista Av. Llenguadoc Nave 35, 08918, Badalona (Barcelona) Spain
Unless notified otherwise by you, we understand that your details have not changed, that you agree to notify us of any changes and that you authorize us to use this information with the aim of strengthening company-client and client-company loyalty.