Legal Notice and General Conditions of Use of the Website
1. GENERAL INFORMATION
Welcome to the YOUREBIKE S.L.U. / YOUREMTB website, accessible at the following URL www.youremtb.com Please read carefully the Terms and Conditions contained in this document, as the use of this website implies the express and full acceptance of the same, in the version published at the time you access it. We recommend that you read this document carefully each time you access the website to check if there have been changes in the terms of use and leave it if you do not agree with such changes.
This Legal Notice is supplemented by:
- Particular Conditions that may apply to some of the specific services of the Web Site and that will be understood to be equally accepted by the mere use of said services.
- Cookie Policy.
- The General Privacy and Data Protection Policy.
The purpose of these General Conditions of Use is to regulate access to and use of the Website. For the purposes of these Terms and Conditions, the Website shall be understood to mean: the external appearance of the screen interfaces, both static and dynamic, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree and all those online services or resources that may be offered to Users.
2. WEBSITE OWNERSHIP AND DEFINITION OF TERMS
In compliance with the duty of information provided for in Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of 11 July, the following general information about this website is provided below:
This Legal Notice contains the general terms and conditions governing access to and use of the Website "https://www.youremtb.com", which is owned by the company "YOUREBIKE S.L.U.", domiciled in C/ Urano, núm. 50, 28760, Tres Cantos, Madrid, with details of registration in the Mercantile Register:
Volume: 41534
Page: 135
Registration: 1
Sheet: M-735929
Province of Registration: Madrid
The website is hosted by Worpress, whose contact details can be found at the end of this document. Likewise, it has been created by Yourebike S.L.
3. ACCESS TO THE WEB
Access or mere use of the Web by the user implies the user's adherence to these General Conditions of Use. In this sense, a user is understood to be the person who accesses, browses, uses or participates in the services provided by YOUREBIKE S.L.U. through the Web, either free of charge or in exchange for the economic considerations that are established in each case, as provided in these General Conditions of Use.
If you are of legal age in your country of residence and in the country from which you are accessing this Site, please continue. Otherwise, stop browsing this site immediately. YOUREBIKE S.L.U. is not responsible for access or misuse by underage users.
Only persons of legal age and with sufficient legal capacity, in their own name and right, or in the name of the natural or legal person they represent with sufficient power, adequate and sufficient in law, may contract the products or services of the Web. By accessing the Web or acceptance of these Terms of Use, the user represents and warrants to YOUREBIKE S.L.U. that has the right, capacity and legitimacy to consent to these Terms of Use and to comply with them.
All activities, products and services offered by YOUREBIKE S.L.U. through the Web will be governed by these General Conditions of Use. The user can access these activities, products and services through a personal computer, mobile device, tablet or any other device that allows you to connect to the Internet.
Likewise, to access and use this website you must have a valid and available email address.
Access to the Web Site is free and, as a general rule, is free of charge without the User having to provide a consideration in order to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
YOUREBIKE S.L.U. does not ensure that the Website complies with the legislation of other countries, either totally or partially. If the User resides or is domiciled in another place and decides to access and/or browse the Website, he/she will do so under his/her own responsibility and must ensure that such access and browsing complies with the applicable local legislation, and YOUREBIKE S.L.U. assumes no liability whatsoever that may arise from such access.
YOUREBIKE S.L.U. reserves the right to restrict, suspend, cancel or terminate, without prior notice and at any time, access to this Website, to a part of it or to any specific functionality. Also, YOUREBIKE S.L.U. reserves the right to freely remove any content hosted on it.
You agree that the data you submit to us and which is stored in our information systems is correct and serves as proof of your identity. Please inform us of any applicable changes to such data.
Access to the website and / or any of its sections may require the use of personal access data. In such a case, it is up to you to take the necessary precautions to ensure the confidentiality of such data. Of course, you can change them at any time. However, the number of attempts to access the site and / or some of its sections may be limited in order to prevent fraudulent use of such data. Please inform us of any fraudulent use of which you may become aware.
In the event of non-compliance with the rules described in these General Conditions of Use, we reserve the right to suspend your access to the Site. In such a case, we will inform you as soon as possible.
4. RIGHTS OVER THE CONTENT, INTELLECTUAL AND INDUSTRIAL PROPERTY
All reproduction rights, trademarks and intellectual property rights of all texts, drawings, images and other materials on this website are the property of YOUREBIKE S.L.U., or are included here with the permission of the corresponding owner, and are duly protected. This includes, but is not limited to, data files, texts, graphics, drawings, designs, codes, software, photographs, images, expressions and information, as well as any name, logo, trademark, service mark, patent, design, copyright or any other creation protected by national laws and international treaties on intellectual and industrial property.
All product names, company names, trademarks and logos appearing on this website belong to their respective owners or holders, whether or not they have the symbol © Copyright or ® registered trademark.
The development of this website represents a significant investment and a joint effort on the part of our teams. For this reason, except as expressly stipulated in this document, we do not grant any rights other than the right to consult the website for strictly personal and private use.
Any use, reproduction or representation of the Site (in whole or in part) or its component elements, in any media, for any other purpose, including but not limited to commercial purposes, is not authorized. Thus, you may not copy, reproduce, display on any other website, republish, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any part of this Site, nor make derivative works from this Site, without the prior written consent of YOUREBIKE S.L.U. or its respective owner. Your use of this Site does not grant you any right, title, interest or license to any content appearing on it. You may not use trademarks, service marks, trade names or logos of companies that may or may be intended to cause confusion about the owner or authorized user of such distinctive signs.
Exceptionally, we may expressly authorise you to reproduce and/or represent part or all of the website, in certain media. Any request for permission in this regard should be sent to the following email address: dpo@youremtb.com.
5. PRIVACY AND DATA PROTECTION POLICY
Any personal information or material submitted to this website is subject to the terms and conditions set forth in the Privacy Policy (include link) included therein. The submission of personal information through the Site is also governed by the Privacy Policy. These Terms and Conditions incorporate by reference the terms and conditions of the General Privacy Policy.
This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. Specifically, it respects the following rules:
- 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 (GDPR).
- The Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
- Royal Decree 1720/2007, of 21 December, approving the Regulations for the development of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).
- Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE).
7. FORMALIZATION OF THE CONTRACT
Online contracts made on this website are only concluded with contracts in Spanish. When you contract YOUREBIKE S.L.U. services, your contract is made with the company itself, with the data referred to in these conditions.
To carry out any service contracting, simply select the bicycle, battery, good or product chosen and follow the steps indicated to confirm the order. In order to purchase goods and services through the Web you must be a registered user and have completed the electronic form provided for this purpose. If you do not have a previously created account, you must register by entering certain information to place your first order. To create a user account, users must provide an e-mail address, their name and surname, a password, a shipping address and a telephone number.
Likewise, in order to make use of the rental service, hereinafter the user/client/lessee, must provide one of the following types of valid documentation proving their identity:
- DNI
- Passport
- Driving license.
This information will be stored in our database, which follows the conditions explained in our Privacy Policy. https://www.youremtb.com/aviso-legal/
Users/clients/tenants may not be registered on the Website without first accepting these Terms and Conditions and the Website's Privacy Policy.
The website allows the use of promotional codes, gift cards and loyalty points before confirming the order. It also allows the possibility to change the shipping address in case it is different from the usual address of the account.
The confirmation of the purchase order by the user indicates that the user accepts the specifications and characteristics of the product offered and is bound by the rental conditions included in the product description or the offer published on the Web.
By clicking on "Place Order" you are placing a binding order for the item(s) listed in your account. Once you have placed your order, we will immediately send you an e-mail with the order confirmation. Please note that orders placed by bank transfer will be confirmed as soon as we receive payment in accordance with clauses 8 and 9 of this document.
Deliveries are made throughout the Spanish territory. With the exception of the Canary Islands, Ceuta and Melilla.
Where deadlines are expressed in working days, working days shall be understood to be all days between Monday and Friday inclusive, but not public holidays or weekends.
8. USE OF THE WEBSITE
First of all, we would like to remind you that the use of the web implies that you have the necessary hardware and software resources available for the use of the Internet.
12.1 General obligations of the user
Access, browsing and use of the Website, confers the condition of User, so you accept, from the moment you start browsing the Website, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of compulsory compliance as the case may be. Given the relevance of the above, the User is recommended to read them every time he/she visits the Website.
The Website provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- A use of information, content and / or services and data offered by YOUREBIKE S.L.U. without being contrary to the provisions of these Conditions, the law, morality or public order, or otherwise may involve injury to the rights of third parties or the operation of the Website.
Mere access to this website does not imply any kind of commercial relationship between YOUREBIKE S.L.U. and the user.
You also agree to the following prohibitions:
You may not use any software tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters or any other automatic device, program, algorithm or methodology, or similar or equivalent manual processes ("Tools") in order to access, acquire, copy or control any portion of the Site or its contents, or in any way reproduce or circumvent the navigational structure, layout of the Site or any content, in order to obtain or attempt to obtain any materials, documents or information through any means not intentionally made available through the Site.
It is forbidden to send content or perform any act on the page (such as reverse engineering or hacking) that, in the opinion of YOUREBIKE S.L.U., may be considered inappropriate or prohibited, according to the legislation applicable to this website.
YOUREBIKE S.L.U. will deliver to the competent authorities all those materials and / or evidence suspected to be in breach of current legislation and will actively assist the latter in the prosecution of the offender, including, without limitation, the following prohibitions:
- Post, transmit, redistribute, upload or promote communication, content or materials that may be considered unauthorized, unlawful, obscene, vulgar, profane, pornographic, indecent, sexually explicit, threatening, harassing, abusive, hateful, racist or ethnically derogatory, defamatory, contain political campaigning, unsolicited advertising, promotional materials or other forms of solicitation of other users, individuals or entities.
- Use the site for political, promotional or proselytizing purposes.
- Publish promotional or advertising content.
- Diverting the discussion space from its intended purpose, including, but not limited to, its use as a dating service.
- Distribute information or content likely to upset the sensibilities of young people.
- Engage in illegal activities, including, but not limited to, infringement of the rights of software, trademarks, photographs, images, text, video, etc.
We want to emphasize that you must possess all rights and/or authorizations with respect to any applicable content you wish to post on this website. In this regard, we recommend that you do not publish content (in particular photographs) showing recent architectural elements, advertising creations, images of clothing designs on which the brand appears (initials, logos, brand color code, etc.). - Content (including, but not limited to, photographs and videos) depicting minors will not be accepted on this site.
- Use a false e-mail address, impersonate any person or entity, including our company and our employees or agents, or otherwise mislead as to the origin of the content.
- Encourage conduct that constitutes a criminal offense or may give rise to civil liability, or otherwise violate any law; or engage in any conduct that, in the opinion of YOUREBIKE S.L.U. restrict, disrupt, interfere with or inhibit any other user from using or enjoying the Site and / or our services and related products.
- Any action that would constitute a violation of privacy rights (including disclosure of private information without the consent of the person involved) or any other legal rights of individuals.
- The use of this website to defame or slander YOUREBIKE S.L.U., its employees or other persons, natural or legal persons, or act in a way that undermines the reputation and good name of YOUREBIKE S.L.U.
- The uploading of files containing viruses that may cause damage to YOUREBIKE S.L.U. property or the property of others.
- The publication or transmission, through this website, of any unauthorized material, including, but not limited to, material that in our opinion harm or violate the security of the network or systems YOUREBIKE S.L.U. or third parties.
12.2 Specific stipulations for certain items
Several sections may be available to you on this website: Downloadable Content, Online Applications, User Content, Discussion Space, etc. (the "Sections").
- Downloadable content:
We may make available on this Site content that you are authorized to download ("Downloadable Content"). By downloading or using such Downloadable Content, you are deemed to have accepted these Terms of Use.
We grant you, for your personal and private use only, without prior payment and for the legal term of copyright protection, a non-exclusive and non-transferable right to use the downloadable content. Any reproduction, representation, modification or distribution of the downloadable content must be subject to prior express authorization from us. Any request for this type of authorisation must be sent to the following address: adminsitracion@youremtb.com.
- Online Applications:
We may make software applications (the "Online Applications") available on this website. We grant you, for your personal and private use only, royalty-free and for the statutory term of copyright protection, a non-exclusive, non-transferable right to use the Online Applications. You agree not to modify, adapt, reproduce, reproduce, edit or distribute the Online Applications or any trademark or title inscription set forth in such Online Applications or in any media related thereto.
Please inform us of any anomaly that may affect the on-line applications at the following address: adminsitracion@youremtb.com.
- User reviews:
By submitting User Feedback to us, you automatically grant us the use of a royalty-free, perpetual, irrevocable, non-exclusive, irrevocable license to use, copy, modify, adapt, edit, distribute, translate, create derivative works, incorporate into other works, distribute and otherwise exploit such User Content (in whole or in part) in any and all media (including, without limitation, this website).
You expressly grant us the right to use these views on our own websites, but also on third-party websites, in particular on so-called "social networks".
You acknowledge and agree that your use of these social networks is governed solely by the terms and conditions set forth by these social networks. Accordingly, you acknowledge and agree that such terms and conditions are binding on us in our use of the content. Therefore, we cannot be held liable for our or a third party's use of the content in accordance with the terms and conditions set by the social networks and especially, but not limited to, in terms of scope of rights, duration of rights. and removal of user content.
You shall be solely responsible for any third party claims related to the use of the content in accordance with the terms and conditions of the social networks. Without limiting the foregoing, you represent and warrant that you have obtained all necessary authorizations from all recipients of user content with respect to such use on the social network.
Finally, you acknowledge and agree (and confirm that you have informed and obtained all beneficiary agreements) that this content may be subject to "viral" (word of mouth) communication on these third party websites and that we will not be liable for any actions in this regard.
The user reviews you post on this site are entirely your choice and your sole responsibility. However, we would like to remind you that user reviews must not conflict with current legislation or accepted standards of morality, and must not infringe on the rights of others. In this regard, we reserve the right to remove at any time user content that is manifestly illegal and/or contrary to accepted standards of morality and/or infringes the rights of others.
Please note that any information, photos, images or materials that you disclose through such services or otherwise on the Site become public information and may be available to visitors to the Site worldwide and to the general public. In addition, when you choose to post on such services, certain personal information will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose personal data, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL DATA YOU VOLUNTARILY DISCLOSE THROUGH THE SITE.
Report to us any user content that appears to be contrary to applicable law and/or accepted standards of morality and/or the principles set forth herein and/or infringes the rights of others, at the following address: adminsitracion@youremtb.com.
12.3 Website information
- General Provisions:
We try to provide you with accurate and up to date information please inform us of any errors or omissions at the following email address: adminsitracion@youremtb.com.
- Information on products and services:
Unless otherwise stated, the products and services presented to you constitute an offer for sale, and a general presentation of the range of products and services we distribute.
- Cookies:
Cookies are small files that remain on your device while browsing a website (such as the pages viewed, the date and time of the visit, etc.) and can be read during your visit to the same website.
To benefit from the full functionality of the website, it is best to set your browser to accept cookies.
For more information, we refer to the document referring to the cookies policy https://www.youremtb.com/aviso-legal of this website.
- Pixel tags:
We and our service providers may also use so-called "pixel tags", "web beacons", "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with certain web pages and HTML-formatted e-mail messages. to, among other things, compile aggregate statistics about web usage and response rate. A Pixel Tag is an electronic image, often a single pixel (1 × 1), that is not normally visible to web visitors and may be associated with cookies on visitors' hard drives.
- Promotions:
We may have promotions or sweepstakes on our website. When you enter a promotion or sweepstakes, we will ask you for personal information. We will use this information to administer the promotion. We will also use and store this information for the stated purposes unless you instruct us otherwise either through the mechanisms provided with the entry form or by contacting us. Any additional uses for this information will be set out in the Official Promotion Rules.
9. MODIFICATION OF THE WEBSITE AND TERMS OF USE
We may modify the content and information included in this website and modify these General Conditions of Use, including, among others, to comply with new legislation or modifications to existing and / or applicable regulations and / or to improve the website. Any such modification and/or amendment shall be integrated into these General Conditions of Use.
10. LINKS TO OTHER WEBSITES
This Website makes or may make available to Users means of links (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.
The installation of these links, directories and search engines on the Website is intended to facilitate Users' search for and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.
YOUREBIKE S.L.U. does not offer or market itself or through third parties the products and / or services available on these linked sites.
Likewise, it does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.
YOUREBIKE S.L.U. in no case review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files and any other material on those linked sites.
The existing links on the YOUREBIKE S.L.U. Websites can take you outside the network and YOUREBIKE S.L.U. systems, so YOUREBIKE S.L.U. assumes no responsibility for the content, accuracy or operation of such third party websites. The links that may be included are included in good faith and YOUREBIKE S.L.U. can not be responsible for the changes that subsequently occur in third party websites for which a link is provided.
To the extent that these links have been included on this website in order to facilitate your navigation on the Internet, the consultation of such third party websites is solely your choice and your sole responsibility.
The inclusion of a link to other websites does not imply endorsement by YOUREBIKE S.L.U. of that site.
In addition, if you wish to create hyperlinks to this website, you must send us a request for prior authorization to the following dirección:adminsitracion@youremtb.com.
11. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION
YOUREBIKE S.L.U. reserves the right to file civil or criminal actions it deems necessary for the misuse of the Website and Content, or for breach of these Conditions.
The relationship between the User and YOUREBIKE S.L.U. will be governed by the regulations in force and applicable in Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting themselves to the judges and courts that correspond according to law.
12. ACCOMMODATION
The website is hosted by Worpress and is managed by Yourebike S.L.
13. Cookie Policy
"Responsible for the treatment
Yourebike SL
VAT NUMBER: B42824912
Address: C/ Urano, núm. 50, 28760, Tres Cantos, Madrid
Email: comercial@youremtb.com
Yourebike, S.L., hereinafter RESPONSIBLE, is the Responsible for the processing of the User's personal data and informs you that these data will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD), for which you are provided with the following processing information:
End of treatment
- To maintain a commercial relationship with the User. The operations foreseen to carry out the treatment are:
- Sending commercial advertising communications by email, fax, SMS, MMS, social communities or any other electronic or physical means, present or future, that enable commercial communications. These communications will be made by the RESPONSIBLE and related to its products and services, or those of its collaborators or suppliers with whom it has reached a promotional agreement. In this case, third parties will never have access to personal data.
- Process orders, requests or any type of request that is made by the user through any of the forms of contact that are made available.
- To forward the newsletter of the web page.
Legal basis for processing
Consent of the interested party.
Addressees. Communication of data
The data will not be communicated to third parties, unless legally obliged to do so.
Data retention
Some of the cookies used on this website will store your data for as long as you remain logged in. Data extracted by third party cookies will be stored for two years.
Rights of the user
Right to withdraw consent at any time.
Right of access, rectification, portability and deletion of your data and the right to limit or oppose its processing.
The right to file a complaint with the supervisory authority (www.aepd.es) if you believe that the processing does not comply with the regulations in force.
Welcome to the YOUREBIKE S.L.U. / O http://www.youremtb.com website (the "Website"), where we present our services, products and content (collectively, the "Services").
According to Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, we inform you that this website uses Cookies and similar technologies to improve and optimize the user's experience, as well as their interaction with our Website and our services.
This allows us to store information on your browser or device or to access information stored on your browser or device.
Below you will find detailed information about what "Cookies" are, what type this website uses, how to change your cookie settings, and what happens if you disable them.
This Cookie Policy should be read in conjunction with our Privacy Policy.
- What is a cookie?
Cookies are small text files that uniquely identify your browser or device. The websites or apps you visit store cookies on your browser or device. When you return to those websites or apps (or visit websites or apps that use the same cookies), they recognize the cookies and your device.
Cookies are used to improve the usability and functionality of websites and to better understand how visitors use our Website and the tools and services offered on it. Storing cookies on your computer or device is an easy and convenient way to personalize or enhance your experience on our Website and to make your next visit more enjoyable. We do not use cookies to collect personal information such as your name; however, we may link information contained in a cookie to personal information collected about you in other ways.
We also use pixels. Pixels are small pieces of code that we use on our Website. We use pixels to learn whether you have clicked on particular web content in order to optimize our advertising campaigns. This allows us to measure and improve our Services and personalize your experience.
- Types of cookies
Cookies perform many different tasks, such as allowing you to navigate pages efficiently or remembering your preferences. Cookies can tell us, for example, if you have visited the Website before or if you are a new visitor. They can also help ensure that the advertisements you see online are more relevant to you and your interests.
There are different categories of cookies, including the following:
- Depending on the issuer of the cookies:
- Own Cookies: These are those that are sent to the user's terminal equipment from a computer or domain managed by the editor itself and from which the service requested by the user is provided.
- Third-party cookies: These are those that are sent to the user's terminal equipment from a computer or domain that is not managed by the editor, but by another entity that processes the data obtained through the cookies.
- According to the life cycle of cookies:
- Session Cookies: These are temporary cookies that remain in the cookie file of your browser until you leave the website, so that none is recorded on the user's hard drive. The information obtained through these cookies is used to analyze traffic patterns on the website. Ultimately, this allows us to provide a better experience to improve the content and facilitate its use.
- Permanent Cookies: They are stored on the hard disk and our website reads them every time you make a new visit. A permanent cookie has a specific expiration date. The cookie will stop working after that date. We use them, generally, to facilitate shopping services.