Terms and Conditions
1.- GENERAL INFORMATION
These Terms and Conditions (“T & C“), apply to the sale of the products (including the manufacture, distribution and sale of the same) that Contador & Basso Group, S.L. (hereinafter, “AURUM“) sell through this website, hosted at the URL www.aurumbikes.com/ (hereinafter, “the Website“). Therefore, it is a necessary requirement for the acquisition of the products that you previously read carefully and accept these Terms and Conditions.
If you use our services and/or purchase our products, it is understood that you have read and accepted these T & C. Also, the purchase of our products may involve the collection, delivery or provision of services through other websites that will be subject to their own Terms and Conditions.
In some cases, in order to purchase the product, it will be necessary for the Customer to register, entering reliable personal data and defining a password.
The Client can choose and change the password for the administration of the account at any time, in case he/she has registered, and it is necessary for the purchase of any of our products. If the password is given to a third party, no liability shall be borne by AURUM.
All purchases and transactions carried out through this Web Site are subject to a confirmation and verification process, which may include verification of product stock and availability, validation of the payment method, validation of the invoice (if any) and compliance with the conditions required by the selected payment method. In some cases, an e-mail verification may be also necessary.
The prices of the products offered in this Online Store are valid for purchases made on this Website, as well as those made after direct communication with the AURUM sales department.
The ownership of this Web Site is held by Contador & Basso Group, S.L.:
- Corporate name: Contador & Basso Group, S.L.
- Domicile: Calle Milanos 8, 28320, Pinto, Madrid (España)
- Tax identification number: B-88553292
- Email address: firstname.lastname@example.org
- Telephone number: + 34 915 93 70 40
- Registration data: Registered on the Registro Mercantil de Madrid on January 13th, 2020, Registration number 1, Tomo 39967, folio 50, hoja 709873.
Before proceeding to accept these T & C, you must carefully read its contents. If you do not accept them, the purchase of the products will not be carried out, and consequently, this will not entail the assumption of any type of obligation or liability on the part of AURUM.
In addition to reading these T & C, before accessing, browsing and/or using this Website, you must have read the Legal Notice, the cookies policy, and AURUM’s data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, you consent to be bound by these Terms and all of the above, so if you do not agree with the above texts, you should not use this Website.
AURUM reserves the right to modify these T & C at any time, without the need to communicate or give prior notice to users, so the Customer shall review them before purchasing any product from the Website.
For any questions you may have regarding these T & C, we invite you to write to us at the email address email@example.com or use the contact form on the website
2. – DEFINITIONS
For transparency and ease of understanding of the terms and T & C provided, we offer the following definitions of various terms used throughout the document:
- T & C: Terms and Conditions of sale.
- Contract: Agreement for the sale of products entered into by AURUM and the Customer resulting from our acceptance of a previous order placed with the Customer.
- Order: Product/s selected by the Customer for purchase.
- User: For the purposes of the provisions of these T & C, User shall mean any natural person who subscribes to them.
3.- THE CLIENT
The access, navigation and use of the Website, give you the status of user or customer, so that these T & C shall be deemed accepted from the time you start browsing the Website – except for the doubts that you can send us through the email address firstname.lastname@example.org-, as well as subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
Thus, you are obliged to use correctly the Website. This liability shall extend to:
- To make use of this Web Site only to make legally valid inquiries and purchases or acquisitions.
- Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled, and the relevant authorities will be informed.
- Provide truthful and lawful contact details, e.g. email address, postal address and/or other details.
You also declare that you are over 18 years of age and have the legal capacity to enter into contracts through this Web Site. Otherwise, the duty for placing orders by minors shall be borne by their legal guardians.
Although our products can be purchased from anywhere in the world, we are a Spanish company and therefore, we are governed by Spanish law, which means that we do not ensure that the Website complies with the laws of third countries outside the European Union, in whole or in part. AURUM shall not be liable for any liability that may arise from such access.
You have the option to formalize, at your choice, the contract of sale with us of the different products offered on the Website, in any of the languages in which these T&C are available on this Website.
4.- SHOPPING PROCEDURE
You can purchase products on the Website by the means and ways established by complying with the online purchase and/or acquisition process of AURUM or by contacting directly with the sales department of AURUM through the web chat, contact form or email address (email@example.com) so that it is received and validated by AURUM. If you do not provide us with all the requested data, or for any other reasonable reason, we may accept or reject your order.
The purchase process is divided into the following steps:
- Fill in the purchase form on the web.
- Check that the data is correct. AURUM will not be liable for any error in the introduction of the data by the client and in case of having to incur in extra expenses due to erroneous data provided by the client, the client will be the liable for paying them.
- Sending of order confirmation email by AURUM.
- Order preparation.
- Sending of a final email once the order has left AURUM’s facilities, with the electronic invoice attached. It is important to keep this invoice, since it is the only proof of purchase and therefore the only way to be able to claim in case of need.
- In case the order is being managed by a member of the AURUM sales department, any communication made by email or telephone must be validated before payment by the customer. Once the payment has been made, any modification due to data error will incur extra costs that will be assumed by the customer.
- Additionally, you must complete and/or verify the information required at each step, although, during the purchase procedure, before proceeding to payment, you may modify the data related to the purchase of the products.
- You will then receive a purchase confirmation e-mail, confirming that AURUM has received your purchase order. In this case, you will also be informed by e-mail when your purchase has been shipped.
- Once the purchase process has been completed, the Website will prepare an electronic invoice that will be sent to you via email.
5.- COMMERCIAL POLICY AND COMPLIANCE WITH THE SALES AGREEMENT
We offer our products on the Website and operate in e-commerce for the end consumer, as an individual subject not acting for commercial or business purposes. We reserve the right not to process orders that do not come from end consumers, or in any other way that is outside the scope of our commercial policy.
The offer of sale of a product by AURUM is not binding. The agreement made between both parties will come into effect only when AURUM has confirmed an order placed by customers by any of the means indicated in point 4 above.
All product specifications are subject to change without notice at any particular time due to market contingencies or due to technical considerations of AURUM. If this happens while there is an open sales order, AURUM will make sure that the specifications of the new product are better or equal to the specifications of the previous product or otherwise, will inform the user in case he/she would like to cancel the order.
In any case, we inform you that the information currently included in the website is accurate and corresponds to the reality of our products. However, the images included on the website do not necessarily correspond to the final version purchased. We also inform you that you can consult our official dealers on our Website to see if they have our products in stock in order to see and test the characteristics of our products in situ.
All purchase orders received by AURUM are subject to the availability of the products and/or that no circumstance or force majeure affects the supply of the same and/or the provision of services. In the event that difficulties arise in relation to the supply of products or if they are not in stock, AURUM undertakes to contact the Client and reimburse the amount paid as payment, without prejudice to the possibility of agreeing particular terms in any specific case.
7.- PRICES AND PAYMENT
Here we provide you with some aspects to be taken into account at the time of purchase, regarding the price and method of payment of the products:
- Through this Website, you will pay the price specified in the contract for the services requested. Payment is made in the different ways specified in the purchase procedure of the Website and according to the deadlines indicated therein. The prices indicated on the Website are the final prices and include taxes, except if by legal requirement, specifically in relation to VAT, a different matter is indicated and applied. Prices do NOT include import duties or any other import or intermediary fees, which are also to be borne by the customers.
- The prices indicated always appear in Euros (€), except in the case of a customized quotation, in which case payment in USD ($) may be agreed.
- As you may check at the moment before the purchase, the price of our products will be broken down into:
- Product value.
- Shipping costs.
- Handling fees, which may vary depending on whether the purchase is made through (i) credit / debit card, (ii) Paypal or (iii) Bank Transfer, depending on the total of the order shown on the Website at the time the order is placed by you, that is, before the physical shipment of the products.
In case of having to return the money of an order, AURUM will do it by bank transfer.
- If the order is placed by credit card, the viability of the payment will be verified at the time the order is placed. If the credit card is rejected, AURUM will not complete the transaction.
- If you make payment by card, you must also take into account the following:
- AURUM guarantees that each transaction made is 100% secure. All transactions involving the transmission of personal or banking data are carried out in a secure environment to ensure the confidentiality and security of the payment data you provide to us during the transaction procedure carried out through the Website. AURUM uses a server based on the standard security technology SSL (Secure Sockets Layer). All the information you provide to us circulates in encrypted form through the network.
- Your credit card information is not registered in any database. They are sent directly to the POS (Point of Sale Terminal) of the financial institution in question.
- Additionally, we inform you that, to provide greater security to credit card holders, AURUM has incorporated the secure payment system called CES (Secure Electronic Commerce). Thus, if you are a <<secured>> cardholder, you will always be able to make payments with VISA or MASTERCARD in our online store.
- In case your card is not adhered to this payment system, AURUM will only admit payment by VISA or MASTERCARD to customers with proven seniority and reliability.
- In both cases, when paying with VISA or MASTERCARD, the following data will always be requested: card number, expiration date and validation code that coincides with the last 3 digits of the number printed in italics on the back of your VISA or MASTERCARD, thus offering more guarantees on the security of the transaction.
- Important: Credit card fraud is a crime, so we reserve our rights to take legal action as we deem appropriate against anyone who makes a fraudulent transaction in our online store.
- The prices indicated on the Website and in commercial advertisements may be changed without prior notice. The price charged for an order will be the price in effect at the time the order is placed.
- Personalized quotations are valid for 15 days from the time they are prepared and sent. This is normally indicated on the quotation itself.
- Finally, we inform you that AURUM will not be liable for any additional surcharge due to payment in different currencies, nor for user errors related to the payment in the account number indicated by AURUM, since this would be the sole liability of the client. In these cases, AURUM may pass these surcharges on to the client.
8.- ORDER PROCESSING AND SHIPPING
Given that the only way to purchase our products is remotely, it is understood that the delivery is made at the address of each of our customers, or at the place they indicate when making the purchase.
The orders received by AURUM will be completed within the period we specify throughout the purchase process and order confirmation, being the maximum delivery period of 30 calendar days from the moment we receive the payment of the product/s, unless prevented by force majeure or lack of stock of any of the components of the product, in which case we will inform you in case, apart from the solutions offered by our team, you would like to cancel the order, returning the money paid, except for the expenses that would have been incurred. Thus, if for any circumstance this deadline is not met, AURUM will inform (before the end of the initial delivery period) the client of the status of the order and will try to expedite the shipment of the order as much as possible.
However, AURUM will not be liable for delays due to external causes. Also, the following shall apply:
- Delays in the delivery time do not give the right to cancel the order placed or to claim damages.
- The delivery time of the products will depend on the shipping address.
- When the products are sent to you by a common carrier, our liability regarding for such damages due to breakage and/or non-delivery of the products by the common carrier will be limited by the terms agreed between said carrier and AURUM as well as by Contract of Land Transportation of Goods Spanish Act. From AURUM we recommend that you do not accept boxes with evident signs of deterioration and in case of doing so, it is imperative that you leave a record of the poor condition of the box to the carrier according to what we indicate in section 9.2 of these T & C.
- Import duties, or any other import and brokerage fees, shall be borne by the customer.
Delivery may be made by any of the following means depending on the particular situation of each user:
- Carriers: DHL Express, DHL Parcel, TNT (FedEx) and Correos.
- Hand delivery by an AURUM employee.
- Collection at our offices.
For the purposes of these T & C, it is understood that delivery of the product has occurred at the time that you or a third party you have designated acquires material possession of the product, which will be evidenced by signing the receipt of the order at the delivery address you provide.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be deemed located in the territory of application of Spanish VAT in the event that the delivery address is in Spanish territory except Andorra, Ceuta, Melilla and the Canary Islands (and additionally Gibraltar).
9.1 RIGHT OF WITHDRAWAL
If you wish to return AURUM products, we inform you that you have a right of withdrawal.
This right must be exercised within 14 calendar days from the time of purchase, without the need for any justification. This withdrawal period will expire 14 calendar days from the day you acquired the material possession of the goods. To exercise this right of withdrawal, the Client must notify AURUM of this decision. He/she may do so by sending an email to firstname.lastname@example.org. It is also possible that, if you do so by telephone, we may ask you for confirmation by e-mail. The most important thing is that, regardless of the means you choose to communicate your decision, you must clearly and unequivocally express your desire to withdraw from the purchase contract.
In case you exercise your right of withdrawal, AURUM will reimburse you the totality of the payments received if the product has not been shipped, without any undue delay, and no later than 14 calendar days from the date on which AURUM is informed of the decision to withdraw. In the event that the product is in the possession of the customer, the cost of return shall be borne by the customer. In no case will AURUM be responsible for such costs.
We inform you of the existence of a series of exceptions to the right of withdrawal, as stated in Article 103 of Spanish Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Spanish Royal Legislative Decree 1/2007, of 16 November. Along the same lines, this same Law provides that the right of withdrawal will not be granted to Clients in the event that the provision of the service has been completely executed, or when it has begun, with the express consent of the Client and with the acknowledgement on their part that they are aware that, once the contract has been executed by AURUM, they will have lost their right of withdrawal.
Finally, and given their characteristics, customized products, meaning those that do not have the default values of the bicycle configuration, cannot be subject to exchange or reimbursement by AURUM.
From AURUM we request that, once the order is received, and in accordance with the provisions of Article 60 of the Contract of Land Transportation of Goods Spanish Act, in case of obvious damage to the package or if the package is subsequently considered to be damaged in a non-obvious way or the delivery is delayed, which may indicate mismanagement by the transport company, you should act by expressing your reservations in writing at the time of receiving the order in the following way:
- For apparent damage, at the time of delivery, on the same delivery document.
- In the case of non-apparent damage, within 7 calendar days of delivery, by written communication to email@example.com.
- If the delivery is delayed from the moment AURUM informed you of the arrival of the order, within 21 days from that moment, by means of a written communication to firstname.lastname@example.org.
Then, take photos (of the highest possible quality) from different angles and distances of the closed package. After opening the package and inspecting its contents, take photos if you deem it appropriate and, in addition to report this situation to the carrier, send an email to email@example.com attaching the photos and communicating the situation.
By signing this document, you represent and warrant by yourself or your legal representative that: (i) the information provided is this contract is correct and truthful, and the same must be kept updated at all times; (ii) you have been informed and accept all the stated on these T & C, which will be in force during the entire transaction.
Likewise, you can enjoy a guarantee on the products that can be acquired through this Website, in the terms legally established for each type of product, AURUM being liable, therefore, for the lack of conformity of the same that is manifested by the users within a period of 2 years from the delivery of the product.
AURUM also offers a limited lifetime warranty to all customers who register their frame on the Website. The warranty terms for AURUM products can be found at the following link on the Website: https://www.aurumbikes.com/warranty/.
11.- LIMITATION OF LIABILITY AND FORCE MAJEURE
AURUM’s liability shall be strictly limited to the purchase price you paid for the bicycle, excluding VAT and excluding handling fees. Specifically, AURUM shall not be liable for any damage to your property on the products, personal injury, loss of use, business interruption, loss of profits or other consequential, indirect, incidental, punitive or special damages. Thus, AURUM shall be liable, if and only for manufacturing defects contained in our products. This applies to all situations whatsoever, whether for breach of warranty, contract, tort (including negligence), and strict liability or otherwise, except for those damages that cannot be limited, excluded or restricted under applicable law. AURUM shall not be liable for delay in performance or failure to perform any of its obligations under this agreement if due to events or circumstances beyond its reasonable control.
12.- DATA PROTECTION
13.- COMPLAINTS AND CLAIMS
In case you have any complaint or claim, we invite you to contact us through the e-mail address firstname.lastname@example.org, committing ourselves to attend you as soon as possible and, in any case, within 15 days from its presentation.
14.- APPLICABLE LAW AND JURISDICTION
These T & C are subject to European Union law and in particular, to the Article 14 of Regulation (EU) 524/2013. In particular, the Council of 21 May 2013 on consumer online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, buyers and users of this website are informed of the existence of an out-of-court resolution platform for consumers and businesses in the European Union, accessible from the following address: http://ec.europa.eu/consumers/odr/.
If any of the provisions of these T & C is considered illegal, invalid or unenforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired. Disputes arising from the relationship mentioned in the preceding paragraph shall be submitted exclusively to the competent Courts of Madrid, Spain.
Last modified on July 2021.