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Aviso legal

 

1.- General information.

This Website is owned by BH BIKES EUROPE, S.L. (hereinafter BH BIKES) C/ Perretagana, 10 - 01015 VITORIA, T.I.N. B-01003599, registered in the Companies Register of Alva, in volume 1389, book 0, folio 204, with contact telephone no.: 945180801 and the email address info@bhbikes.com. In the case of online contracting, any consumer or user may file complaints and claims or request information about the goods or services offered or procured by such means.

By using this website or any subdomains, microsites and/or subsections contained in it, you shall be deemed to have read, understood and accepted - without limitation or reservation - the terms of use set forth in this Legal Notice and in the Privacy Policy that is available on this website, which we expressly advise you to read, with the use hereof constituting express and full acceptance of any applicable terms of use relating to specific services of the website, whose prior acceptance shall be an essential requirement to access said services.

If you do not agree with the terms of this Legal Notice, please do not use the website, because - we reiterate - use hereof shall imply acceptance of the legal terms set forth in both the Legal Notice and the Privacy Policy. BH BIKES reserves the right to change the terms and conditions that appear in this website and to broaden their content, information, etc, at any time and without prior notice and, therefore, it advises you to read them at reasonable intervals in case they are changed.

The activity is not subject to any prior administrative authorisation, nor does it adhere to any codes of conduct besides good faith, fair dealing and the Civil Code. The owner does not provide any intermediary or hosting services.

1.2.- Language.

If we translate this Legal Notice, our Privacy Policy or any other terms of use, policies and procedures that may be published every so often on this website, if there is a discrepancy between the Spanish version and the translated version, the Spanish version shall prevail. 

 

2.- Marketing messages and advertising content.

BH BIKES hereby informs users that pursuant to Law 34/2002 on Information Society Services and Electronic Commerce, of 11 July, it shall send you information by electronic means regarding the company's products, services and activities. The emails that we send you with information (e.g. about our activities) or marketing, include an option to unsubscribe so that you no longer receive them. If you choose to do this, we shall no longer send you emails of this type, or please send us an email to inform us of this to info@bhbikes.com

We also inform you that we also collect additional data contained in the user profile in order to offer you, develop, personalise and improve our products and services based on your interests and to improve your user experience, we will create a “commercial profile”, based on the information provided. Automated decisions will be made based on said profile, applying criteria such as your geolocation - to inform you of prices in your country or to direct you to your nearest store - your purchases in our online store and/or in BH Bikes' physical stores, your use of loyalty programmes, your ratings and assessments of products, your record of contact with our customer services department, your newsletter open rates and clicks, your browsing behaviour (web tracking), the types of newsletters to which you are subscribed, your participation in promotions and events and your use of our mobile applications. If said policy should change at any time, we shall inform you of this in the privacy policy and of the purpose of such processing, to make the data subjects aware of this and obtain their consent.

Advertising: The Website may contain advertising content or be sponsored. The advertisers and sponsors are solely responsible for ensuring that the material submitted for inclusion in the Website complies with any applicable laws and agreements. The owner of the Website shall not be responsible for any error, inaccuracy or irregularity that appears in the advertising/sponsor's content. It shall also not be responsible for any offence caused to the Website's users or visitors by the advertising material or any other content.

 

3.- Intellectual and/or industrial property rights

The owner of the content and the elements that make up this Website is BH BIKES. Therefore, it owns the intellectual and industrial property contained herein, in particular all source codes, texts, images, designs, logos, computer programs, animations, databases, trademarks, trade names or distinctive symbols, sounds and other graphic/audio elements on the pages of the Website. This is not a complete list and is only for illustrative purposes, and said elements are duly protected pursuant to Spanish and international Intellectual and Industrial Property regulations.

The user agrees to use the content in a diligent and proper manner, in accordance with the law, common decency and public order. BH BIKES authorises the User to view the information contained in this Website and to make private copies of it (simply downloading it and storing it on their computers), provided that the elements are solely intended for personal use, or when they are solely used for the purpose of journalism, provided that, in both cases, their integrity is respected and this Website owned by BH BIKES is identified as the original source. Any form of biased use contrary to their nature is expressly prohibited.

Besides the purposes expressly specified in the preceding paragraph, use of the content of the Website, and its distribution, modification, assignment to third parties, reproduction, conversion or public disclosure by any means or technology is forbidden, with the prior, express consent of BH BIKES required for this. Any action contrary to the foregoing shall constitute a breach of the rules on industrial and intellectual property rights.

However, use of this website is permitted, provided that its integrity is respected and this website owned by BH BIKES is identified as the original source. Any form of biased use contrary to its nature is expressly prohibited.

BH BIKES reserves the right to take appropriate legal action to protect its rights.

 

4.- Passwords and private area

When it is necessary to send them an ID and/or password to access certain services, the private area, intranet, etc., it is the user's sole responsibility to keep them strictly and absolutely confidential and secret. The user must safeguard, use and store them in a diligent manner and it is expressly forbidden to transfer them to third parties, and the user shall be responsible, and therefore liable, for any harmful consequences that may arise for the owner of the Website and the other users. In the event of the theft, loss, or unauthorised use of/access to the ID and/or password, the user must report this immediately to BH BIKES so that the necessary steps may be taken, with the user liable for any damages suffered by BH BIKES and other users due to delayed communication.

BH BIKES shall not be responsible for any incidents that may arise in relation to the personal data when they are due to an attack on/unauthorised access to the systems which is impossible to detect by the security measures in place, or when this is due to a lack of diligence on the part of the registered user regarding the safekeeping of their passwords or their personal data.

To access the private area of this Website it is necessary to register as a user, for which you will be asked for the basic information that is necessary to create your profile in the private area. When you have completed the registration form, we will be able to verify your identity in order to activate your profile.

 

5.- Security.

To make payments, we provide you with the BH BIKES payment platform, which uses the HTTPS (SSL) protocol to establish a secure communication channel between the server and the user, for sending personal data; in other words, all transactions are made via a secure connection and, therefore, the data is encrypted when it is sent, preventing third parties from accessing the information that is sent.

BH BIKES never records or stores the bank details of its customers; each transaction takes place directly on the website of the Financial Institution.

 

6.- Responsibility. 

a) General considerations 

BH BIKES wants this website to operate as effectively as possible and to fulfil the purpose for which it was created, but it is not responsible for any typographical, formal or numerical errors that may appear in the website, nor for the accuracy of the information contained in it, or any malfunctions or anomalies in its operation, e.g. problems in the internet network or on the servers that host the website.

BH BIKES does not warrant that the website and server are free of viruses and it is not liable for any damages resulting from accessing the website or from an inability to access it, or any damage that may be caused to the user's computer or the files stored on it if the computer used by the user to access this website is infected by a virus, if there is a browser malfunction or when outdated versions of browsers are used.

The user agrees to use this website lawfully, legitimately and in accordance with the law and commercial standards; they also agree not to behave in any way that may harm the image, interests or rights of BH BIKES or of third parties or which may damage, render unusable, overload or in any way impede normal use of this website.

BH BIKES reserves the right to change the terms and conditions that appear in this website and to broaden their content, information, etc, at any time and without prior notice and, therefore, it advises you to read them at reasonable intervals in case they are changed. You must read any new legal notices and terms of use of the website that may be added. Otherwise, you must refrain from using and accessing it, holding BH BIKES harmless, with the latter reserving the right to suspend and terminate access to the content of the Website and the services provided through it.

b) Links and hyperlinks 

The websites owned by BH BIKES may provide links or access to other third-party resources or websites, which we believe may be of interest to you or which are necessary for the provision of some of our websites' services, but none of those websites are controlled by us.

The purpose of these links may be to help you find online resources that might interest you or to manage certain services from the websites owned by BH BIKES, and for the processing, payment and billing of your purchases, or the possibility of calculating the quickest route to the store from your current location.

However, said sites do not belong to BH BIKES, nor do we check their content and, consequently, we cannot accept responsibility for the sites or any services provided that appear and/or are available on them, or for the operation of the linked sites, how they use and process data, any infractions that they may commit or any damage that may arise from accessing or using them. The existence of the link does not imply any relationship between BH BIKES and the persons or entities that own such content or the sites on which it appears.

Therefore, BH BIKES accepts no responsibility for the linked sites, nor is it accountable for their operation or the content or services hosted on them, or any links which are, in turn, contained on said linked sites.

We strongly recommend reading the respective legal notices and, in particular, the privacy policies of said sites before entering your personal data into them and, if in doubt, we recommend directly contacting said sites to obtain further information about their privacy policies. If the user becomes aware of any illegal or inappropriate content, services or any other such activities carried out through a linked site, they must immediately report it to BH BIKES so that it may take any steps that it deems necessary. It is expressly forbidden to present a page from the website www.bhbikes.com on another site that does not belong to BH BIKES (using a technique called “framing” or any other with the same or similar effects), or to insert any form of content published through www.bhbikes.com on a website other than this using a technique called “inline linking”, or any other with the same or similar effects,  without the express consent of BH BIKES. 

By using this website, we consider the user to have carefully read this document and understood and followed the advice herein. If the user does not agree with the data protection policy or with the advice provided through it, please do not use our website.

 

6.- Jurisdiction and competence.

In the event of any disagreement or dispute regarding the interpretation of these terms and conditions, or on any point related to the services from this Website, Spanish jurisdiction and regulations shall be applicable and the competent courts shall be those of Vitoria.