Welcome to Tuvalum! We aim to offer you the best experience to buy a pre-loved bicycle online.
These General Terms and Conditions of Service (onwards Terms of Service) represent the sole basis for all legal relationships between Tuvalum Sports SL and all users of the online marketplace www.tuvalum.de (onwards “Tuvalum” or also “Platform” or also “The Website”) operated by the Provider which include these Terms of Service.
The purpose of these Terms of Service is to ensure the use of the Tuvalum website by persons accessing the Platform and wishing to benefit from the services provided by Tuvalum as described below (the “User(s)”).
Every user must take note of and confirm these Terms of Service and the Provider’s data protection declaration when registering to use the Platform. Any use of the services by a User shall automatically entail the application of these Terms of Service.
These general terms and conditions of Service govern all orders placed on the Website.
¿WHO ARE WE?
Tuvalum Sports S.L is a trade company based in Spain. Our registered office is located at Calle Doctor Juan José Dómine 18, 2ºA, 46011 de Valencia, registered in the Valencia Trade and Companies Register under Volume 9945, Page 11, Sheet V-164729. Our VAT number is ESB98725641.
Contact email: firstname.lastname@example.org
The Website makes it possible to connect natural persons or legal entities, acting in a professional capacity or otherwise (onwards the “Sellers”), wishing to sell new or second hand sports equipment dedicated to practising cycling (onwards the “Products”) and people wishing to purchase a bicycle and/or cycling gear (onwards the “Purchasers”).
As an intermediary, Tuvalum is never a party to the transactions -except when acting as a seller- and Users are the sole decision-makers for the realisation of the purchase and sale of the Products. In addition, Tuvalum cannot guarantee that the Sellers' Products will satisfy the Purchasers.
Sellers acting in a professional capacity (the "Professional Sellers") must identify themselves as such with Tuvalum. These Sellers are required to comply with the laws and regulations relating to the exercise of a commercial business making sales on a professional basis to individuals. Sellers acting in a professional capacity must also ensure compliance with their tax or social security reporting obligations.
Use of the Website, the creation of an account and the purchase/or sale of Products is subject to compliance by the Users of the Tuvalum's Terms of Service.
These General Terms of Service are supplemented by the Special Terms and Conditions applicable to the Professional Sellers and the Special Terms and Conditions applicable to the Non-Professional Sellers.
1. REGISTRATION ON THE WEBSITE
To use the services offered on the Website, in particular to purchase or sell products on the Website, the User must create an account by providing an email address and password (explicitly or via his Facebook profile, Google profile, Strava profile or others social networks profiles), which allows the Website to identify the User each time they access the Website. Other Users can only view the User’s username, which may be different from their first and last names.
When creating their account, the User must ensure the accuracy and completeness of the data that they provide. The User undertakes to immediately update information on the Website concerning them that is no longer relevant or has become obsolete.
The User’s registration on the Website is validated by Tuvalum after verification of the account creation form completed by the User.
The User undertakes to protect their user IDs and passwords in order to preserve their confidential nature with regard to third parties.
Any use of the Website by a minor is under the supervision of their legal representative.
Registration on the Website is reserved exclusively for Users residing in European Union.
For security reasons, Tuvalum may cancel accounts which are unconfirmed or inactive for more than 3 months.
2. OBLIGATION OF USERS
When using the Website, the User undertakes not to:
- Provide misleading and/or erroneous or libellous information and data.
- Provide information and data that encourage the acquisition of products circulation of which is prohibited.
- Use photos over which they do not have intellectual property rights or which are or may be considered contrary to good morals or public policy.
- Offer Products that infringe the rights of a third party, in particular intellectual property rights.
- Disrupt the normal operation of the Website, in particular the functionalities for posting comments and evaluation by the Users.
- Distribute or publish unsolicited advertising (spam), mass electronic communications, chain emails or pyramid schemes.
- Make available viruses or other technologies likely to harm Tuvalum or the interests or property of Tuvalum.
- Use robots, scraper or even use any other automatic process to access the functionalities of the Website without being authorised to do so.
- Export or re-export a Tuvalum application or tool, except where this complies with applicable export control laws, as well as the current Tuvalum regulations and restrictions.
- Copy, modify or distribute the Website content and Tuvalum trademarks.
- Copy, reproduce, reverse engineer, modify, create derivative works, distribute or disclose to the public any content (except for your own information) from the Website without the express prior written consent of Tuvalum or, if applicable, that of the relevant third parties.
- Market any Tuvalum application, software or information associated with this application.
- Provide other Users with links to other Websites that provide services similar to those offered on the Website.
- Propose to another Site User to sell or purchase a Product listed on the Website without going through the Website.
- Usurp the identity of others.
- Collect, accumulate, transmit to other media, make public, publish or disclose data relating to Users of the Website or concerning their activity on the Website, including regarding transactions, their number, their type, their price, etc.
In the event of a breach by a User of these Terms of Service, Tuvalum may, at its sole discretion, take one or more of the following sanctions:
- Withdraw the offers published on the Website by the User.
- Remove any published content that violates the above mentioned provisions.
- Restrict/limit or even prohibit access to the Website and/or its use, in particular limit the number of Products offered for sale on the Website, cancel counter offers and withdraw classified adverts.
- Temporarily or permanently suspend the User’s access to the Website.
Tuvalum may, at any time in its sole discretion, reorganise the Website, advertising space or other information about the Products.
The User is responsible for the comments that they write and which are published on the Website. They undertake not to leave comments the content of which is contrary to the law, and in particular:
- Incitement to racial hatred and racists, anti-Semites or xenophobes.
- The denial of crimes against humanity and recognised genocides, and the apology of war crimes and/or terrorism.
- Words of a homophobic or sexist nature.
- Words of a violent, pornographic or paedophile nature.
- Attacks on privacy or the presumption of innocence, identity theft.
- Non-compliance with copyright and intellectual property rights.
- Incitement to the commission of crimes or offences, the glorification of drugs.
- The incitement to commit murder or suicide.
- Promoting an organisation recognised as sectarian.
- Users also undertake to refrain from posting comments containing: aggressive, rude, libellous, direct words and offensive attacks on other Users or third parties.
- Openly advertising messages.
Comments posted on the Website can be moderated by Tuvalum and will be deleted if they are deemed non-compliant. Non-compliance with the provisions set out in this article may give rise to a warning by Tuvalum, or the temporary or permanent deletion of the account of and/or access to the Website by the User concerned.
In addition, Users undertake not to write comments for the purpose of concluding transactions relating to Products without going through the Website.
3. ACCESS TO THE WEBSITE
The Website is provided “as is” and accessible according to its availability. Tuvalum is doing its utmost to make the Site available 24/7, regardless of scheduled maintenance operations.
Tuvalum does not provide any warranty, express or implied, relating to the quality and accounting of the Website and the services provided with a specific use.
4. PLACING THE ORDER
When placing the order, the Purchaser shall pay in advance for the Product(s) purchased from the Seller in the manner described in Article 5 the Terms of Service.
Tuvalum will contact the Seller at the e-mail address indicated on their registration with the Website informing them that the Product offered by them on the Website has found a buyer and will ask them to confirm the availability of the Product.
Once the availability of the Product has been confirmed by the Seller and payment has been validated, Tuvalum will systematically confirm the order of each Purchaser and the arrangements for delivery of the Product in accordance with the provisions set out in article 6 of these Terms of Service.
If the Product being sold is no longer available, the Purchaser will receive a notification and the order will be cancelled and Tuvalum will propose:
- Either another Product in an equivalent price range.
- Or reimbursement of the Product price within a period of 7 days.
In the event that the Product is not received by the Purchaser within thirty (30 days) the order, the transaction is considered cancelled and the funds will be returned to the Purchaser.
5. PAYMENT SERVICES
The Products are paid for by bank card, wire transfer or by PayPal (onwards referred to as the “Payment Service(s)”).
PayPal is a payment service provider specializing in e-money issuance between Purchaser and Seller. In no event is Tuvalum responsible for PayPal’s actions or omissions. Paypal is solely responsible for the confidentiality of the Purchaser’s banking information and the transfers of funds and Tuvalum hereby declines all liability, to the fullest extent permitted by law. By choosing payment via PayPal, the User accepts the detailed conditions of use here and in particular the usage costs that may apply.
The bank cards accepted are: visa cards, debit/credit cards, Mastercard, American Express.
The credit or debit card Payment Service is performed by Stripe. By choosing payment via Stripe, the connection with the bank’s payment gateway is 100% secure.
By using the system of payment by bank card proposed by the Website, the Users accept the Stripe's conditions of use and in particular the usage costs that may apply. In no event is Tuvalum responsible for Stripe’s actions or omissions.
Paypal and Stripe both are solely responsible for the confidentiality of the Purchaser’s banking information and the transfers of funds and Tuvalum hereby declines all liability, to the fullest extent permitted by law.
The Purchaser warrants that they are fully authorised to use the bank card or their Paypal account to pay their order and that this means of payment gives access to sufficient funds to cover all costs associated with the purchase of the Product.
By choosing payment via wire transfer, Tuvalum will provide you IBAN number of a secure bank account by our banking partner (Banc Sabadell). You will must complete the transfer wise whithin 3 work days after purchase.
6. DELIVERY PROCESS AND RETURN POLICY
6.1 Purchase from a professional seller
The Professional Seller (including Tuvalum when acting as a seller) warrants compliance of the Product with the specifications indicated in the offer. The Product is delivered by the service providers chosen by Tuvalum. The Products will be sent to the delivery address indicated by the Purchaser during the order process. The cost, deadlines and terms of the delivery service are indicated to the Purchaser at the time of the order.
Contractual warranty of compliant delivery: if the Product does not primarily comply with its description on the Website, the Purchaser must inform Tuvalum using the contact form within 2 days of receipt. The claim must be detailed and clearly indicate the reasons for the non-compliance of the Product. Tuvalum will contact the Seller immediately to inform them of this. The Purchaser and Seller must take all necessary steps to resolve the complaint successfully. Payment of the transaction price will be suspended until the resolution of the claim or within the period of 30 days, depending on the first payment due date.
In the event of proven non-compliance or non-resolution of the claim within 30 days, the Purchaser may be reimbursed for the full amount of the order if the replacement of the Product proves impossible. The costs of returning the Product shall be borne by the Seller. The Purchaser undertakes to protect and pack the Product so as to guarantee its integrity during transport.
Statutory warranties for compliance and latent defects: The contractual warranty is without prejudice to the provisions relating to the statutory warranty of compliance and latent defects due by the Professional Seller to the Purchaser and whose textual foundations are attached for information to these Terms of Service, it being the case however that Tuvalum can never be held liable in this respect except when selling its own products as Professional Seller.
6.1.1 Right to withdraw (applicable only to Products purchased from a professional Seller)
Exclusively for Products purchased from a professional Seller registered as such on the Website, the Purchaser acting on a non-professional basis has a discretionary right to withdraw within fourteen days of the actual receipt of the Product.
Prior to any return of a Product, the Purchaser shall notify their intention to withdraw by returning the withdrawal form duly completed and signed to the following contact e-mail address: email@example.com. Tuvalum will contact the Purchaser to inform them of the arrangements to return the Product to the Seller and will immediately contact the Seller to inform them of the exercise by the Purchaser of their right to withdraw.
The Product must be returned complete, with all its accessories and documents in its packaging and in a package that guarantees the integrity of the Product when it is shipped. The Purchaser must return their product no later than fourteen days after their decision to withdraw.
The return of the Product shall give rise to a refund equal to all the sums paid by the Purchaser, i.e. at the purchase price of the Product(s) purchased and the delivery costs. The costs of return incurred by exercising this right will be borne by the Purchaser.
The Purchaser shall be reimbursed by any means of payment within fourteen days of receipt by Tuvalum of the request to exercise the right to withdraw by the Purchaser. However, this reimbursement period may be delayed until the Seller recovers the Product or until the Purchaser has provided proof of shipment of the relevant Product.
6.2 Purchase from a non-professional seller
In the event of purchase a bicycle from a Non-Professional Seller, the compliance of the Product is checked and certified by the Tuvalum workshop or a partner workshop. In the event that the Product is deemed non-compliant by the employee of the partner workshop, the partner workshop will immediately inform Tuvalum of the non-compliance of the Product. Tuvalum will make any repair or adjustment necessary to adapt the condition of the bicycle to what is indicated by the seller in his listing under €75 cost. Tuvalum will charge the cost of repairs and adjustments to the seller. If the cost is more than €75, the Seller may or not accept the payment of repairs and adjustments. In the event of a refusal, the transaction will be cancelled and the Purchaser will be immediately refunded. The Purchaser will still be able to accept the Product or offer a new price that the Non-Professional Seller may or may not accept.
In the event of purchase a product different to a bicycle from a Non-Professional Seller, the product will not be checked by Tuvalum workshop or a partner workshop.
The Product is delivered by the service providers chosen by Tuvalum. The Products will be sent to the delivery address indicated by the Purchaser during the order process. The cost, deadlines and terms of the delivery service are indicated to the Purchaser at the time of the order.
When the Product is purchased from a Seller which does not act in a professional capacity, the Purchaser does not benefit from the statutory warranties of compliance and latent defects recalled at article 6.1.1.
7. OWNERSHIP AND TRANSFERS OR RISKS
The ownership of the Product is transferred to the Purchaser upon the complete transfer of the transaction amount to the account of the Seller. The transfer of risks occurs when the Product is delivered to the Purchaser.
8. GENERAL OBLIGATIONS OF THE PROFESSIONAL SELLER WITH REGARD TO THE PURCHASER
Claim for non-compliance or non-receipt of the Product
Each User is responsible for all information they posts on the Website and must comply with the legal provisions applicable to information communicated to the public.
Users understand and agree that Tuvalum is not responsible for:
- The acts or omissions of Users.
- The information posted on the Website by Users, their themes, their accuracy, their completeness and/or their compliance with law, except in cases where Tuvalum has been duly informed of the existence of an illegal publication within the meaning of the applicable law.
In addition, Tuvalum is in no way liable for damage, whether material or not suffered by natural persons or legal entities and which could occur directly or indirectly on the Website as a result of the information that other Users post on the Website.
The Purchasers understand and agree that Tuvalum is not liable for the acts or omissions of the Sellers.
10. GENERAL PROVISIONS
Tuvalum may amend the Terms of Service in order to adapt them to the laws or regulations in force or in the process of being adopted, to a decision issued by a Court, by the legislator or by any other authority with jurisdiction over the content of the Website, to correct any error that has not yet been detected, or for the purpose of adapting or modifying the services offered through the Website.
Users will be informed of any amendment to the Terms of Service by email sent to the address they indicated at the time of their registration and will be deemed to have accepted the changes if they continue to use the Website after the amendments have been made.
If any provision of these Terms of Service is contrary to applicable law, or becomes, for any reason whatever, in whole or in part null [and void], the remaining provisions of the Terms of Service remain valid.
The invalidity of one or more clauses of these Terms of Service shall not entail the nullity the said Terms of Service.
The effect of this Agreement is not to create a partnership, working relationships, relations between a sales agent and its customer, or franchise relationships between Tuvalum and the Users.
11. INTELLECTUAL PROPERTY
Tuvalum holds all intellectual property rights relating to the Website and its content, in particular, but not limited to, the graphic charter, logos, photos, articles and other editorial content, its system (catalogues, their distribution, etc.), the Website design and the software used by the Website, including trademarks and domain names.
Users assign to Tuvalum non-exclusive, free of charge, for all languages, worldwide and for the legal term of the rights (including any extensions that may occur), all intellectual property rights relating to the elements used for the composition of the advertisements (including texts, images, photographs, logos, illustrations, trademarks, models, titles, data), including any derived database and any content that may be qualified as a derived work. (onwards the "Contents") in full or in part, incrementally as they are inserted into the websites.
These rights include the right to reproduce, represent, distribute, adapt, modify, translate, sub-license and communicate to the public all or part of the Content by all processes, in all formats and media (digital, printed, etc.) currently known or unknown. The rights listed above are granted to Tuvalum.
Tuvalum may grant to third parties all or part of the rights granted under this licence.
Users warrant that the Content complies with applicable law, and that they hold intellectual property rights to the Content, that they do not infringe the rights of third parties, and that it is not the subject of any infringement or other action. Users guarantee Tuvalum against all financial consequences of any court actions, claims, complaints, or objections by any person invoking an intellectual property right over the Content, an act of unfair and/or parasitic competition, and/or an infringement of the press law.
As such, except with Tuvalum prior written authorisation, the User may not reproduce, represent, adapt, translate and/or partially or completely transform, or transfer to another website any component of the Website. Failure to comply with this prohibition may constitute an act of counterfeiting incurring the civil and criminal liability of its author.
12. JURISDICTION AND APPLICABLE LAW
These Special Terms and Conditions are governed by Spanish law.
The Purchaser may also submit any claims on the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
The European Commission will transfer the User’s claim to the notified competent national mediators. Otherwise, the Spanish courts will have jurisdiction.