General Terms and Conditions of Sale
Identification of the seller and acceptance
These General Terms and Conditions of Sale (hereinafter, the “Terms”) govern the purchase of products by users (hereinafter, the “CUSTOMER”) via the website ibksport.es (hereinafter, the “WEBSITE”), owned by:
Turboebike 2018 S.L.
Tax Identification Number (NIF): ESB75211482
Registered office: Polígono Benta-Aldea 26, 20270 Anoeta, Gipuzkoa
Telephone: +34 843 99 99 53
Email: clients@ibkbike.com
Placing an order on the WEBSITE implies the CUSTOMER’s full acceptance of these Terms and Conditions.
Article 1. Definitions
For the purposes of these Terms and Conditions, the terms set out below shall have the meanings assigned to them:
CUSTOMER
A natural person of legal age acting in their capacity as an end consumer, making a purchase outside the scope of any commercial, business, trade or professional activity. The WEBSITE is aimed exclusively at consumers (B2C), and sales to professionals or companies are expressly excluded, unless specifically agreed in writing.
SELLER
The company Turboebike 2018 S.L., with Tax Identification Number (NIF) ESB75211482, with its registered office at Polígono Benta-Aldea 26, 20270 Anoeta, Gipuzkoa, owner of the WEBSITE.
WEBSITE
The website accessible via the domain ibksport.es, as well as its subdomains, through which the SELLER markets its products.
PRODUCT
Any movable goods offered for sale on the WEBSITE, including, but not limited to, complete bicycles, frames, components, spare parts, accessories, cycling apparel and cycling-related products.
ASSEMBLY AND PREPARATION SERVICE
An optional, chargeable service, expressly contracted by the CUSTOMER, consisting of professional preparation prior to dispatch of certain bicycles and including, amongst other things: gear adjustment; brake adjustment and bleeding where necessary; tightening of fasteners to the torques recommended by the manufacturer; application of technical grease to the necessary points; software updates where applicable; a full check of the electronics; inspection and verification of the correct functioning of batteries and chargers; inspection of the steering and moving parts; a general inspection of components; and a basic inspection of suspension systems where the bicycle is fitted with them.
BASIC INSPECTION (WITHOUT ASSEMBLY SERVICE)
Should the CUSTOMER not contract the Assembly and Preparation Service, the SELLER shall carry out only a visual inspection prior to dispatch to verify that the bicycle has no visible dents or damage, without carrying out any mechanical or electronic adjustments, functional checks, technical inspections or any form of servicing.
ORDER
A purchase request made by the CUSTOMER via the WEBSITE, in accordance with the purchasing procedure set out in these Terms and Conditions.
DELIVERY
Making the purchased PRODUCTS available to the CUSTOMER at the address specified in the ORDER.
TERRITORY
These Terms and Conditions apply to sales destined for: Spain (including the Canary Islands, Ceuta and Melilla), the European Union, the United Kingdom and the United States. The applicable terms and conditions may vary depending on the destination, particularly with regard to taxes, customs, withdrawal rights and guarantees, as detailed in these Terms and Conditions.
Article 2. Purchase process, conclusion of the contract, price and availability
2.1. Purchase process and correction of errors
The CUSTOMER may select the PRODUCTS and add them to the basket. Before completing the purchase, they may review the order and correct any errors (quantities, address or billing details) using the tools on the WEBSITE.
2.2. Formation of the contract
The contract shall be deemed to have been formed when the SELLER confirms acceptance of the ORDER, normally by means of an electronic confirmation (for example, a confirmation email) and/or when payment is validated, subject to anti-fraud checks or availability checks. The automatic order acknowledgement email may be for information purposes only if this is indicated during the purchase process.
2.3. Price, currency and possible obvious errors
The applicable prices shall be those indicated on the WEBSITE at the time the ORDER is placed, including any applicable taxes depending on the destination, and shall be displayed before the purchase is finalised.
In the event of an obvious error in the price (typographical error or obvious technical fault), the SELLER may cancel the ORDER and refund any amount paid in full. Where appropriate, the SELLER may offer the CUSTOMER the option to maintain the order at the correct price, provided the CUSTOMER expressly accepts this.
2.4. Availability and stock
The availability of PRODUCTS may depend on the SELLER’s own stock or that of suppliers. If a PRODUCT is unavailable after the ORDER has been placed, the SELLER shall inform the CUSTOMER as soon as possible and may:
- Offer an equivalent alternative product (subject to the CUSTOMER’s acceptance), or
- Cancel the ORDER in whole or in part and refund the corresponding amounts paid.
Article 3. Bicycle assembly and preparation service
The CUSTOMER may, on an optional basis and upon payment of the corresponding fee, contract a professional bicycle assembly and preparation service as defined in Article 1.
Should the CUSTOMER not contract this service, the SELLER shall limit itself exclusively to checking that the bicycle has no visible dents or damage prior to dispatch, without carrying out any mechanical or electronic adjustments, technical inspections, functional checks or additional servicing.
Due to transport restrictions, the bicycle may be delivered partially disassembled, including, but not limited to: the front wheel removed and, in some cases, the handlebars turned or removed, or the seat post removed. Final assembly shall be the responsibility of the CUSTOMER in accordance with the manufacturer’s instructions or by a qualified professional.
The CUSTOMER acknowledges and accepts that, by contracting the Assembly and Preparation Service, they are expressly requesting that its performance commence before the end of the withdrawal period. In the event that the CUSTOMER exercises their right to withdraw from the purchase of the PRODUCT, the cost of the Assembly and Preparation Service shall not be refundable to the extent that the service has been effectively provided, without prejudice to the CUSTOMER’s right to return the PRODUCT in accordance with the applicable regulations.
The SELLER shall not be liable for any damage resulting from incorrect final assembly, subsequent adjustments made by the CUSTOMER or by third parties, unauthorised modifications, inadequate maintenance or misuse of the product following delivery.
Article 4. Territorial scope, taxes, customs and applicable regulations
These Terms and Conditions apply to purchases destined for Spain (including the Canary Islands, Ceuta and Melilla), the European Union, the United Kingdom and the United States.
1. Sales in Spain and the European Union
The prices shown include the applicable VAT in accordance with current regulations. The VAT rate will depend on the country of destination and will be specified before the purchase is finalised.
For shipments to the Canary Islands, Ceuta and Melilla, the tax treatment and associated procedures may differ from the general regime. The applicable details will be shown before the purchase is finalised or the CUSTOMER will be informed during the dispatch process. The CUSTOMER undertakes to provide the documentation reasonably necessary for customs clearance.
2. Sales to the United Kingdom
The final price shown includes applicable taxes, duties and customs charges, meaning the CUSTOMER will not be required to pay any additional amounts upon delivery.
3. Sales to the United States
The prices shown do not include any local taxes, tariffs, customs duties or other charges levied by the authorities of the destination country. Such costs, where applicable, shall be borne by the CUSTOMER.
The SELLER shall not be liable for any delays, detentions, additional costs or failure to deliver arising from customs procedures or the CUSTOMER’s failure to comply with obligations imposed by the authorities of the country of destination.
4. Consumer protection regulations
Sales to consumers resident in the EU are governed by the consumer protection regulations in force, without prejudice to the applicable law set out in these Terms and Conditions.
5. Shipments to other territories
If the CUSTOMER wishes to have goods shipped to a different territory, they must first contact clients@ibkbike.com to enquire about feasibility, terms, delivery times and costs. The SELLER reserves the right to accept or reject such requests and to set specific conditions.
Article 5. Payment, payment security, invoicing and financing
1. Payment methods
Card (Stripe or other integrated payment gateways), PayPal (including deferred payment where available and where the customer is eligible), bank transfer, finance or payment in instalments via Scalapay or Cetelem where available.
2. Payment security
The WEBSITE uses a secure payment gateway managed by third parties (Stripe, PayPal and finance providers). Data is transmitted directly to the provider and is not stored by the SELLER except where strictly necessary (status, confirmation, identifiers).
3. Time of charge
The charge is made upon confirmation of the order, unless otherwise stated. For bank transfers, the order remains pending until the payment is received. For finance or deferred payment, the order is subject to the provider’s approval.
4. Rejection and issues
If the payment is rejected, the order may be cancelled. The SELLER shall not be liable for delays caused by issues with the payment process.
5. Invoicing
The order confirmation does not constitute an invoice. The invoice will be issued in accordance with regulations and may be provided electronically or with the delivery. The CUSTOMER must provide correct details.
6. Financing and deferred payment
The transaction is managed by the provider (PayPal, Scalapay or Cetelem) in accordance with their specific terms and conditions. Approval or refusal is at the sole discretion of the provider.
Article 6. Delivery, lead times, transport, tracking and issues
1. Delivery methods and delivery charges
The available delivery methods, carriers, delivery charges and, where applicable, free delivery thresholds will be shown to the CUSTOMER during the purchase process, before the ORDER is confirmed.
For logistical or operational reasons, the SELLER may change the carrier or the delivery method initially specified, provided that this does not result in a substantial reduction in the contracted service.
2. Delivery times
The delivery times indicated on the WEBSITE are for guidance only, unless a specific deadline is expressly stated for a particular ORDER. Delivery times may vary depending on the destination, the availability of the PRODUCT, the size of the ORDER, promotional campaigns, and logistical circumstances or force majeure.
The SELLER shall not be liable for delays attributable to the carrier, customs procedures, inspections or checks by the authorities, or incidents arising from incorrect or incomplete information provided by the CUSTOMER, without prejudice to the consumer’s rights under applicable legislation.
3. International shipments, customs and taxes
For international shipments, particularly outside the European Union, customs procedures and checks may occur which affect delivery times.
- United Kingdom: the final price includes applicable taxes and customs charges, so the CUSTOMER will not be required to pay any additional amounts upon delivery.
- United States: import duties, charges and taxes shall be borne by the CUSTOMER and may result in delays, hold-ups or additional formalities beyond the SELLER’s control.
4. Partial deliveries
The SELLER may make partial deliveries where necessary for reasons of availability or logistics. In such cases, the CUSTOMER will receive, where permitted by the carrier, tracking information for each consignment.
5. Order tracking
Where permitted by the carrier, the CUSTOMER will be provided with tracking information. This information is for guidance only and may be subject to updates or changes beyond the SELLER’s control. For any enquiries, the CUSTOMER may contact clients@ibkbike.com, quoting the ORDER number.
6. Delivery address and the CUSTOMER’s duty to cooperate
The CUSTOMER is responsible for providing a complete and correct address, as well as the necessary details for delivery (telephone number, access codes, reasonable instructions, etc.).
If delivery cannot be made for reasons attributable to the CUSTOMER (incorrect address, repeated absence, lack of essential information, unjustified refusal of the consignment or failure to cooperate with the carrier), the consignment may be held in storage, returned to the point of origin or require redelivery. In such a case, the SELLER may pass on to the CUSTOMER the reasonable costs actually incurred (reshipment, return, storage or administration), without prejudice to the consumer’s rights under the applicable regulations.
7. Receipt of the order and inspection
Upon delivery, the CUSTOMER must check the external condition of the parcel and, as far as possible, that of the PRODUCT.
If the CUSTOMER detects any knocks, breakages, tampering with the packaging, visible damage or missing items, they must:
- Note this on the delivery note or carrier’s receipt (where possible), and
- Notify the SELLER as soon as possible, providing photographs and the ORDER number, via
clients@ibkbike.com.
8. Transport incidents and limitation of the carrier’s liability
Where damage or loss is attributable to transport, the handling of the claim may be subject to the time limits, documentation and procedures of the carrier and/or insurer. To the extent permitted by applicable regulations, liability arising from damage in transit may be limited to the compensation or cover recognised by the carrier and/or insurer, without prejudice to the consumer’s rights vis-à-vis the SELLER where applicable.
9. Packaging
The PRODUCTS shall be packaged in accordance with reasonable standards of protection. In the event of returns, the CUSTOMER must package the PRODUCT appropriately. Damage resulting from inadequate packaging may lead to the return being rejected or to a reduction in the amount to be refunded, where legally applicable.
10. Specifics regarding the dispatch of bicycles
Due to transport requirements, bicycles may be delivered partially disassembled, including, but not limited to: the front wheel removed, the handlebars turned or removed on some models, and/or the seat post removed, depending on the model and the size of the box. Final assembly shall be the responsibility of the CUSTOMER in accordance with the manufacturer’s instructions or by a qualified professional.
Article 7. Transfer of Risk and Retention of Title
1. Retention of Title
The SELLER retains ownership of the PRODUCTS until the price has been paid in full.
2. Transfer of Risk
Risk passes when the CUSTOMER (or a designated third party other than the carrier) takes physical possession of the PRODUCT. If the CUSTOMER chooses a carrier other than those proposed by the SELLER (where such an option is available), risk passes upon handover of the PRODUCT to the chosen carrier.
3. Failure to pay
The SELLER may suspend the processing or delivery of the ORDER and terminate the contract where appropriate in accordance with applicable regulations.
4. Mandatory regulations
Nothing in this article limits the consumer’s inalienable rights or their rights of action against the carrier or third parties.
Article 8. Right of withdrawal, returns and refunds
1. Withdrawal within the European Union
A consumer CUSTOMER resident in the EU has fourteen (14) calendar days from receipt of the PRODUCT to exercise their right of withdrawal, without needing to provide a reason. They must notify the SELLER by email at clients@ibkbike.com, stating the order number and their identification details.
Withdrawal form: the CUSTOMER may use the form included at the end of these Terms and Conditions (Annex I) or send any unequivocal statement by email.
2. Return period following notification of withdrawal (EU)
The CUSTOMER must return the goods within a maximum of fourteen (14) calendar days from the date on which they notify their decision to withdraw. The deadline shall be deemed to have been met if the return is made before the end of that period.
3. Exclusions and limitations
a) Assembly and Preparation Service: in the event of withdrawal from the PRODUCT, the cost of the service shall not be refundable to the extent that it has actually been provided, without prejudice to withdrawal from the PRODUCT.
b) Used or tampered-with products: returns will not be accepted if the product shows signs of use, wear and tear, running-in, improper handling, incorrect assembly or damage caused by drops, knocks or extreme use, beyond the handling strictly necessary to check the nature, characteristics and functioning of the product.
c) Loss of value: the CUSTOMER is liable for any reduction in value resulting from handling beyond what is strictly necessary. The SELLER may apply a proportional depreciation and, in cases of significant damage, the absence of essential components or the impossibility of reasonable reconditioning, may refuse the return.
4. Return conditions
The PRODUCT must be returned in perfect condition, unused, in its original packaging and with all its accessories, manuals, labels and protective coverings. The CUSTOMER shall bear the return costs unless expressly stated otherwise. For bulky items (bicycles, picture frames), the CUSTOMER must ensure appropriate packaging.
5. Refunds (EU)
Once the PRODUCT has been received and its condition checked, the SELLER will issue a refund within a maximum of fourteen (14) calendar days.
The refund will include all payments received from the CUSTOMER, including taxes and delivery charges corresponding to the cheapest standard delivery method. Any additional costs arising from the CUSTOMER having chosen a different delivery method (for example, express or premium) are excluded.
The refund will be made using the same payment method used by the CUSTOMER, unless the CUSTOMER has expressly stipulated otherwise, and the CUSTOMER will not incur any costs in this regard.
The SELLER may withhold the refund until it has received the goods or until the CUSTOMER provides proof of return, whichever occurs first.
The cost of the Assembly and Preparation Service is non-refundable to the extent that it has actually been provided, as are any personalised or additional services.
6. Bicycles and bulky goods
The CUSTOMER shall bear the costs of returning the goods. The SELLER may withhold amounts relating to assembly, preparation, special packaging or dispatch where such services have been provided.
7. United Kingdom and United States
a) United Kingdom: conditions equivalent to those of the EU, subject to the specific provisions of local legislation.
b) United States: the EU right of withdrawal does not apply. Returns are only accepted for defective products, those damaged in transit, or errors attributable to the SELLER, subject to prior notification to clients@ibkbike.com, without prejudice to any mandatory rights that may apply in the relevant jurisdiction.
Article 9. Statutory warranties and manufacturer’s warranty
1. EU statutory warranty
In the EU, the minimum warranty period is 2 years from the date of delivery. In Spain, for purchases made on or after 1 January 2022, the period is 3 years. If the mandatory legislation of the country of residence within the EU establishes a longer period, the mandatory period shall apply.
2. Presumption (Spain)
In Spain, unless proven otherwise, it is presumed that the lack of conformity existed during the 2 years following delivery, subject to statutory exceptions.
3. Remedies
Repair or replacement; if this is not possible or is not carried out within a reasonable time, a price reduction or termination of the contract in accordance with applicable legislation.
4. Exclusions
Misuse, assembly or tampering by unauthorised third parties, lack of maintenance, normal wear and tear, use in competition or extreme conditions, knocks, drops or accidents, unauthorised modifications, unauthorised electronic or software tampering.
5. Electronics and batteries
The gradual loss of battery capacity due to use or ageing does not in itself constitute a lack of conformity. Damage caused by chargers that are not original, not approved or not recommended by the manufacturer is excluded.
6. Manufacturer’s warranty
The PRODUCTS may be covered by the manufacturer’s commercial warranty in accordance with its own terms and conditions, which may require direct contact with the manufacturer or its authorised technical service.
7. Outside the EU (United Kingdom and United States)
In the United States, the regulations of the country of destination and/or the manufacturer’s warranty shall apply; certain EU provisions may not apply. In the United Kingdom, local regulations and the manufacturer’s terms and conditions shall apply.
8. Procedure
The CUSTOMER must first contact clients@ibkbike.com providing the order number, a description of the issue and photographic evidence where applicable.
Article 10. Liability, Product Use and Safety
1. Proper Use
The PRODUCTS must be used in accordance with their nature, specifications and the manufacturer’s instructions. The CUSTOMER accepts responsibility for any consequences arising from improper or negligent use.
2. Final assembly, adjustments and maintenance
Unless the Assembly and Preparation Service has been contracted, final assembly, adjustments and maintenance are the responsibility of the CUSTOMER. Even where the service has been contracted, the CUSTOMER accepts that transport, use or handling may alter the adjustments made, and a check-up is recommended before first use, followed by periodic checks thereafter.
3. Sports and competitive use
The SELLER shall not be liable for damage resulting from competition, extreme use, normal wear and tear, impacts, falls or excessive strain, without prejudice to the applicable warranties.
4. Electronics and batteries
The SELLER shall not be liable for damage resulting from improper handling, the use of non-original or non-approved chargers, exposure to extreme conditions or unauthorised modifications. Batteries are subject to normal wear and tear through use.
5. Limitation of liability
Except where prohibited by law, the SELLER’s liability is limited to direct and foreseeable damages arising from a breach attributable to the SELLER. Indirect damages, loss of income, profits or use, personal injury resulting from misuse, and third-party claims are excluded.
6. Force majeure
The SELLER shall not be liable for any breach of contract due to force majeure (strikes, transport disruptions, fires, floods, pandemics, administrative measures, conflicts, supply or logistical failures, etc.).
Article 11. Evidence, record-keeping, communications and customer service
1. Evidence
The computerised records of the SELLER and its suppliers constitute valid evidence to the extent permitted by applicable legislation.
2. Record-keeping
The SELLER shall retain the order documentation for the statutory period. The CUSTOMER may request information via clients@ibkbike.com.
3. Communications
Communications shall preferably be made by electronic means. The CUSTOMER must keep their details up to date. The SELLER shall not be liable for any failure to receive communications resulting from incorrect details, anti-spam filters or faults beyond its control.
4. Customer service
Email: clients@ibkbike.com
Telephone: +34 843 99 99 53
Address: Polígono Benta-Aldea 26, 20270 Anoeta, Gipuzkoa
5. Handling of issues
The SELLER shall endeavour to handle any issues diligently and as quickly as possible. Nothing in this article shall affect the CUSTOMER’s rights under applicable legislation.
Article 12. Governing law and jurisdiction
1. Governing Law
Spanish law, without prejudice to the mandatory consumer protection rules of the CUSTOMER’s country of residence where the CUSTOMER qualifies as a consumer.
2. Jurisdiction
The competent courts and tribunals shall have jurisdiction in accordance with consumer legislation. If the CUSTOMER is not a consumer and the law permits it, the parties shall submit to the courts of Spain unless another legally applicable jurisdiction applies.
3. Alternative Dispute Resolution (ADR) and EU remedies
The CUSTOMER may resort to alternative dispute resolution mechanisms where applicable. If they reside in the EU, they may consult the official remedies available at: https://consumer-redress.ec.europa.eu/
For any preliminary complaints, please contact clients@ibkbike.com.
Article 13. Partial invalidity
If any clause is declared null and void or unenforceable, this shall not affect the validity of the remaining Terms and Conditions, which shall remain in full force and effect.
Article 14. Amendment of the Terms and Conditions
The SELLER may amend these Terms and Conditions at any time. The Terms and Conditions in force at the time of purchase shall apply.
Article 15. Entire Agreement
These Terms and Conditions constitute the entire agreement between the CUSTOMER and the SELLER regarding the purchase made via the WEBSITE.
ANNEX I. Model withdrawal form
(To be completed and submitted only if you wish to withdraw from the contract)
For the attention of: Turboebike 2018 S.L., clients@ibkbike.com
I hereby give notice that I am withdrawing from my contract for the sale of the following goods:
- Product(s): _______________
- Order number: _______________
- Date of receipt: _______________
- Consumer’s name: _______________
- Consumer’s address: _______________
Signature (only if submitted on paper): _______________
Date: _______________
