GENERAL CONDITIONS OF USE
Welcome to Tuvalum. We work every day to offer a comfortable and safe buying and selling experience to our users.
All users are advised to carefully read these Terms and Conditions of Use and Sale (hereinafter referred to as "Terms and Conditions" or "T&C") in their entirety before using Tuvalum services, in order to ensure that they understand them. These General Conditions apply when using the services offered by Tuvalum through its platform and are binding between the user and Tuvalum.
Access and navigation through the Platform is free and gives you the status of User of the web site, being a necessary condition when using it, the acceptance of the following terms & conditions.
These General Conditions do not exclude the possibility that certain services of the Web Site, due to their specific characteristics, may also be subject to their own Specific Conditions of Use (hereinafter, the "The Specific Conditions"). The Specific Conditions shall prevail over these General Conditions in the event of any discrepancy between the both of them.
Tuvalum reserves the right to make any changes in the functions and services of the Web Site and in the terms and conditions, including these General Conditions, in order to adapt them to the current legislation applicable at any time. Any change will be evidenced by a new effective date and will be published in its new version, automatically replacing the previous ones. Tuvalum will ask Users to review the changes made to its General Conditions and the User may accept them or not.
If the User does not accept the changes, he/she can terminate the contract in two ways: either by not making use of the services offered through Tuvalum or by closing the User's account.
If you have any questions about the operation of Tuvalum services or any point of our General Conditions, we recommend that you contact us with confidence through any of the contact channels enabled for this purpose: email, phone, WhatsApp, Facebook Messenger.
WHO ARE WE?
In accordance with the provisions of the Law of Services of the Information Society (LSSI), we inform you of the details of the owner of this website.
- Name: Tuvalum Sports Sociedad Limitada (hereinafter, Tuvalum).
- Registered office: Carrer Ciutat de Barcelona, 37. C.P: 46988 (Paterna, Valencia).
- Business Register: Business Register of Valencia, Volume 9945, Folio 11, - Page V-164729. Fiscal Identification Code: B98725641
- Phone number: (+34) 604 238 809. Contact
- email: hola@tuvalum.com
WHAT DO WE DO?
Tuvalum provides a number of services (hereinafter, the "Services") through its platform. These services allow Users to browse through the web site to purchase goods such as bicycles, wheels, cycling components and accessories, etc.
Tuvalum, through its Services, provides a digital platform to facilitate transactions of its refurbished products among those interested in acquiring them (hereinafter, the "Buyers"). Tuvalum's Services establish the conditions under which such items can be purchased through the platform, being always its own products, whether new and/or second-hand.
1. REGISTRATION
The registration procedure implies that the User accepts these Terms of Use.
1.1. Creating an account
To register as a User on Tuvalum is a prerequisite to be of legal age and have full legal capacity to make a purchase. Registration on the platform by a minor is strictly prohibited. By accessing, using or registering on the website, you agree and guarantee that you are over 18.
To formalize the registration, the User must provide the data requested by Tuvalum through the registration form, especially those related to your name and surname, email address and cell phone number. These data will be treated in accordance with our Privacy Policy. The opening of an account as a registered user is free, free of charge and does not imply any obligation to make purchase transactions through the website.
The User agrees not to create or use additional accounts to the one he already created, either with his own identity or that of a third party. Tuvalum reserves the right to cancel at its discretion duplicate User accounts and to expel Users with more than one account.
In some cases, and for the convenience of Users, Tuvalum will offer as an alternative the possibility of establishing registration through third-party applications and services, such as Facebook Connect, Google, Strava and other social networks, applications and tools. In such cases, the User will be asked to authorize Tuvalum to access certain information from their accounts in these applications, such as name and surname, email address or any other information made public through these applications.
1.2. Truthfulness of your data.
The User agrees not to fill out the registration form with false, incorrect or erroneous data or information, as well as not to use pseudonyms that violate the rights of third parties or are defamatory, harmful, threatening, discriminatory, incite hatred, are objectionable for any other reason or infringe intellectual property rights and / or industrial ones.. Tuvalum reserves the right to cancel the accounts of those Users who fail to comply with this obligation.
By registering as a User, you warrant that the identity data and information entered are truthful and that you will not use the name of another person with the intention of impersonating him/her.
It is the responsibility of the User to keep all information provided to Tuvalum permanently updated so that it responds, at all times, to the real situation of the User. For example, if you change your email address or cell phone number, it will be your responsibility to update this information on your Tuvalum User account.
Tuvalum strives to establish identity verification systems, but cannot guarantee the truthfulness of the data entered by Users. Tuvalum is not responsible for any content related to the identity of a User that does not conform to the truth, for example: names, locations, photographs, profiles, addresses, payment data, or any information and content posted by Users anywhere on the website. In any case the User shall be the only one responsible for any false or inaccurate statements made and the damages of any type caused to Tuvalum or third parties for the information provided.
1.3. Access to the User's account
Once the registration is completed, you will be assigned a User ID, which coincides with the email address provided in the registration form, and a personal password that can be changed later by the User. This data will be required each time you wish to log in, and must not be communicated in any case to third parties or used by them.
If, as a User, you detect unauthorized use of your account or lose your password to access your account, you must notify us immediately.
In case a User does not remember the password to access his/her account, he/she may request a new password through the login form. Tuvalum will send a message to the User's email address with information on how to securely create a new password.
1.4. User Types
You can register in Tuvalum as:
a) Home user: single person
b) Professional User: businessman or professional.
You can only register as a Professional User if you have a CIF or NIF number and you have the legal capacity to issue invoices.
Registering as a Professional User entails the obligation to provide a valid fiscal identification number and to issue invoices to those who purchase your products through Tuvalum's website.
Tuvalum shall not be liable for the veracity of such identification data nor for the tax and fiscal obligations arising from the sale or purchase of goods by both home and professional Users.
1.5. Closing a User account in Tuvalum
Tuvalum reserves the right of admission and exclusion from the platform of any User who does not comply with the rules in these General Conditions.
2. BUYING AT TUVALUM
Tuvalum offers the possibility to buy bicycles and other cycling equipment through its website and, eventually, other websites and applications with which it has a commercial relationship. You must be registered as a user at Tuvalum, when you want to buy something on our website.
2.1. Obligations of the buyer
The Buyer who is interested in acquiring any of the goods offered on the Tuvalum Website must expressly accept our Terms of Use. Acceptance implies agreement with the price set by Tuvalum, taxes if any, and shipping costs of any purchased item.
When you purchase from Tuvalum you agree that:
● You are responsible for reading the entire item listing before making a purchase;
● You enter into a legally binding contract to purchase the item, and
● When you purchase an item you agree to provide Tuvalum with correct and truthful contact details, delivery address and billing information, as well as to keep them updated at all times. Tuvalum shall not assume any responsibility otherwise. The responsibility for the correctness of the data provided lies in the Buyer.
2.2. Order processing
All purchases must be made through the Tuvalum platform or any of its partners. Likewise, they can only be made in any of Tuvalum's stores or its partners. When you place an order, Tuvalum will confirm the transaction at the end of the purchase process by email, SMS, phone call or web notification through the messaging service of the Website in the user’s account. This communication will serve as a proof of the transaction made. We will also inform you about the shipment of your order.
During the purchase process, Tuvalum may offer you the possibility to contract value-added services. These services will be provided by Tuvalum and/or suppliers and third parties contracted by Tuvalum. Payment for these value-added services by the Buyer will be made during the purchase process on Tuvalum Website.
2.3. Security and payment methods
Payment for Orders must be made through the payment methods and system offered by Tuvalum on its Website. Tuvalum will inform the Buyer during the process of processing an Order of the available payment methods to make the purchase: credit card, Stripe, PayPal, bank transfer, financing through Aplazame and Cetelem or others.
Payment processing will be carried out with all the security measures applied by the payment entities involved and Tuvalum will not retain or store in its systems the payment information of the Buyers.
Tuvalum ensures the security of all processes involved in the purchase of an item of goods. For this reason, the website has SSL certificates (https) to guarantee a secure browsing and purchasing process through the Website. SSL cerficates guarantee a secure and encrypted transmission of information over the Internet, since the transmission of data between the services and the web user occurs in an encrypted manner without putting the information at risk.
As an added security measure, and in order to avoid possible fraudulent transactions, Tuvalum reserves the right to request additional information, confirmations and/or documents even after having made one or more previous purchases, with the purpose of confirming that they have been effectively made and authorized by the User. In the event that the user does not respond favorably, the transaction may be canceled automatically for the security of the user.
Within the framework of such verifications, an Order from the Buyer may be rejected if the information provided by the Buyer contains deliberate errors and/or may be fraudulent in nature. By accepting these Terms of Use, all Users agree to this procedure for detecting fraudulent transactions in order to ensure the security of transactions.
2.4. Items of goods Information
Tuvalum provides through the webSite all the information necessary for Users to know the characteristics, status and specifications of the items prior to their purchase. The descriptions and technical specifications of the items of goods contained in the website are based on the information provided by their respective manufacturers and/or by our suppliers.
All items of goods offered for sale belong to Tuvalum.
All item Sheets include photographs of each item of goods. The photograms are intended to provide the User with the most complete and accurate information possible on the appearance and condition of the items, as far as technology allows. However, on some occasions, colors, shades, finishes and/or dimensions - due to technical limitations arising from the use of certain kinds of devices or monitors by Users - may not correspond exactly with the real appearance and condition of the Products. The User acknowledges, therefore, that such photograms are for guidance purposes only. In the event of any discrepancy between the visual information in the images and the written information indicated in the Product Sheet, the latter shall always prevail.
In the case of bicycles, it is possible that extra elements and accessories may be shown on the photographs. For example: bottle racks, brackets for GPS devices, potentiometer, etc. All Users agree that these personal accessories are not included in the sale unless expressly stated in the Product Sheet.
Tuvalum makes every effort to ensure that the information available on its website is truthful, complete and accurate, and is at all times updated and free of errors. Therefore, in the event that there is any error about the price or characteristics of the Products and the User has based his purchase decision on such erroneous information, Tuvalum will communicate it as soon as possible and will proceed to cancel the purchase, refunding the Purchaser the price paid for its acquisition.
Much of the website catalog displays refurbished bicycles, or in other words, used ones. At Tuvalum, we refurbish all second-hand bicycles to the fullest detail, replacing components whose lifespan is nearing its end; the rest, if they still have useful life and do not affect the general functioning of the bicycle, are not changed, thus promoting a policy of sustainability and material utilisation. For obvious reasons, there may be small scratches, notches, etc. due to the use of the bicycle on the frame and other components, as well as slight signs of use or rust on some accessories that do not affect the use.
2.5. Product availability
Tuvalum makes every effort to ensure the full availability of the products offered at all times through its Website, and to meet all orders placed by Buyers.
However, it may happen that the Product for which an Order has been placed is not available after payment has been made. In that case Tuvalum will inform the Buyer as soon as possible, and will inform the Buyer of a new delivery time via email. In the event that the Buyer does not accept it, Tuvalum will proceed to cancel the Order, reimbursing the Buyer any amount that had been paid, if any, until that time. Tuvalum will not assume any responsibility or penalty for the possible unavailability of the products and the Buyer will not demand any compensation for it beyond the refund.
2.6. Product Pricing
The prices displayed on the Website for European Union countries already include the VAT that may be applicable, so that the User will not have any additional surcharge, beyond the shipping costs specifically detailed in each Product Page.
Tuvalum reserves the right to modify at any time the prices of the Products, as well as the shipping costs, available on the Website. In any case, such changes will not have retroactive effects and will not affect purchases made prior to their modification. The price and shipping costs applicable to purchases will be the ones in force at the time the User places the Order.
2.7. Shipment of Orders
Tuvalum will be responsible for arranging the shipping service of the Product through a logistics company or supplier of your convenience. In order to guarantee an optimal and safe service, Tuvalum has first class international shipping agencies. Tuvalum will be in charge of making the corresponding payment to those transport agencies, exempting the buyer from having to make any additional disbursement at the time of delivery of an order.
In order to optimize the delivery process, the address indicated by the Buyer for the reception of his/her order must be an address where delivery can be made within normal business hours (Monday to Friday from 9 am to 8 pm).
Tuvalum shall not be liable for any expenses or incidents arising from the impossibility of delivery due to causes attributable to the Buyer (receiver absent at the address indicated on the scheduled delivery date, errors in specifying the delivery address, etc.); the Buyer shall be responsible for any additional transportation costs that may arise as a result of these events.
Likewise, the Buyer must provide his telephone number in the corresponding form during the purchase process (it is recommended to provide a cell phone number), in order to be located by the courier company in case no one can be found at the delivery address.
In accordance with the regulations governing postal services, any person who is at the place indicated by the user, who shows his or her identity and takes charge of them, shall be deemed authorized by the recipient to receive the shipments at the place indicated by the user, unless there is prior expressed written opposition from the receiver.
Additionally, Tuvalum may make available to Buyers to receive their Orders at points of convenience of the collaborating companies. The terms and conditions of delivery to such points of convenience may vary at any time and are the sole responsibility of the collaborating companies.
2.7.a Shipping to countries outside the European Union
During the purchase process on the Website, Tuvalum will show the User the countries and zip codes that are part of the coverage of its Service within the European Union. For purchases and deliveries outside the European Union, Buyers should contact our customer service department.
The shipment of the Products to the destination country outside the European Union shall be the responsibility of the Buyer. In such a case, the price of an item does not include potential customs duties, import taxes and/or tariffs that may be applicable in international sales with a destination outside the European Union.
Such potential additional costs shall be at the buyer’s expense and their amount shall depend primarily on the value of an item and the regulations of the Buyer's country of residence (country of delivery).
In such cases, Tuvalum may inform the Buyer of the estimated amount of such potential charges, but only as a guideline. It is the sole responsibility of the Buyer to confirm with the national authorities of his country any possible import restrictions or limitations, as well as any duties, tariffs and/or taxes that may be applicable.
2.7.b Delivery times
Upon confirmation of purchase, Tuvalum will manage the process of collection and shipment of an item to the address indicated by the Buyer during the purchase process. To carry out the shipments and guarantee an optimal and safe service, Tuvalum relies on first class international transport agencies.
Tuvalum undertakes to inform the Buyer at all times of the shipping status of its Order, as well as to establish a maximum shipping date of thirty (30) calendar days.
As a general rule, except for exceptions duly informed to the Buyer, the average delivery times are as follows:
· Shipments to Spain and Portugal: between 2-3 working days
· Shipments to France and Italy: between 4-5 working days
· Shipments to Germany: 5-6 business days
· Shipments to Rest of EU: between 6-7 working days
In any case, Tuvalum will provide the Buyer with the necessary information to track the order at all times.
2.7.c Receiving and verification of an order
Buyer must verify (or have the person receiving the Products on Buyer's behalf and at Buyer's expense verify) the apparent condition of the packaging and the Products upon receipt, before signing the delivery note given to it by the carrier.
If an obvious anomaly is detected (missing Products, damaged package, broken Products, etc.), the Purchaser or his representative must indicate on the delivery note precisely the number of packages and/or Products that are missing and/or defective, as well as a detailed description of the damage observed (open or torn packaging, damaged or non-received Product, etc.). In such a case, it is essential that the Buyer take photos of the condition in which the package was delivered to him and keep all the items in the condition in which they were delivered to him (i.e. with all their accessories, the other items received with those Products in their original condition and the sealed product cover), and must notify Tuvalum within a maximum of 48 hours of reception.
In the event that more than thirty (30) calendar days have passed since the purchase of the Product without an item having been delivered to the Buyer, the Buyer must notify Tuvalum. Tuvalum will open a process to determine the cause of the delay in delivery. If this delay is due to an error, malpractice or improper treatment by the courier company, it will be Tuvalum who will file the appropriate claims with the courier company.
If an item is lost, stolen or lost during the shipping process once collected by the carrier and enters the chain of custody of the latter, Tuvalum will proceed to refund the full amount of the purchase to the Buyer. To do this the Buyer must tell Tuvalum an account number, including IBAN code, of its ownership. Tuvalum will make payments to such accounts within fourteen (14) business days from the confirmation of loss. If the item is finally recovered, the Buyer will be informed of this circumstance so that they can request its delivery or return, respectively, against payment to Tuvalum of the amount received.
In the event of loss, misplacement or theft of the item during shipment, given Tuvalum's commitment to refund the Buyer, the Buyer expressly waives the right to claim any type of compensation, giving Tuvalum the authority to make any claims and take any legal action against the shipping company for the loss of an item.
2.8. Guarantees
To guarantee the quality of the service, Tuvalum carries out a thorough process of revision, reconditioning and quality control of the bicycles sold.
2.8.a Guarantee of Products sold by Tuvalum
Bicycles sold by Tuvalum are warranted against manufacturing defects in materials or assembly. In case of a defective product, Tuvalum will proceed, as appropriate, to repair or replace it, reduce the price or terminate the contract. Repairs covered by this warranty will be carried out by Tuvalum or distributors authorized by Tuvalum. Any repair or manipulation carried out directly by the buyer or by a third party without authorization from Tuvalum will imply cancellation of the warranty.
The warranty provided by Tuvalum only applies to the original purchaser who has acquired the product through our official channels.
In the case of second hand Products (all those in which it is not expressly stated that their state or condition is new) the warranty will be twelve (12) months from the date of reception of the Product by the Buyer. With the exception of new Products, whose warranty will be for three (3) years in accordance with the Consumer and User Law, or in its absence, the warranty that each manufacturer grants to its products. In order to apply for the original brand warranty, the product must have been previously registered according to the manufacturer's instructions.
To request assistance and enforce the warranty, the Buyer must contact Tuvalum's customer service department by email, providing the corresponding proof of purchase or invoice for the Product and detailing the reasons for the request.
The Buyer shall inform Tuvalum of the non-conformity within two (2) months of becoming aware of the non- conformity.
Once the incident has been evaluated, and if applicable, Tuvalum's customer service department will inform the Buyer of the steps to follow for the repair of the Product, under the terms and conditions provided for in the applicable legislation.
Transportation costs shall be at the buyer’s expense.
2.9. Conditions of the Guarantee.
The warranty covers manufacturing and assembly defects that the product may present at the time of purchase, and the Buyer must provide the necessary documentation to justify and prove this point. This includes hidden defects that may occur in the frame, such as cracks, deformations and breakage due to stress and/or fatigue of the materials or structural defect during the period of application of the coverage. The fork structure is covered by the frame guarantee.
The warranty does not cover any other damages or defects that the product may present, whatever the causes may be.
This warranty does not cover in any case the maintenance of suspension forks, transmissions or braking systems, and is limited to manufacturing defects, hidden defects and breakage due to stress and/or fatigue of the materials.
In the case of electric bicycles, Tuvalum's warranty covers repairs of electrical and electronic failures of an incidental and unforeseen nature and of internal origin for normal operation of the bicycle.
The battery is a consumable product subject to wear and tear due to use or improper maintenance. Please note that the bicycle battery is a consumable product subject to wear and tear. The guarantee of the batteries and motors, in second hand electric products, will be of 6 months.
The guarantee is not applicable in the following circumstances:
● Paint discoloration caused by prolonged exposure to UV (ultraviolet light) from sunlight, which is not considered a production defect.
● Use or contact with harmful chemicals or cleaning agents (including alcohols on screen surface treatments), or a source of intense heat.
● Cosmetic damages and possible malfunctions caused by wear and tear and normal use (scratches, scuffs, dents, dings, dents, etc.).
● Wear or corrosion of materials due to external agents, such as humidity, light, sweat or others.
● Damage, including breaks and cracks, resulting from handling, disassembly or assembly of accessories and parts. It is likely that some components, such as cranks, seat posts, bottom brackets, etc., will be rubbed
or overstretched if they are not assembled carefully or with the proper tools.
● Damage, breakage, cracks and/or defects due to accidents, mistreatment or negligence. To the extent permitted by law, indirect and accidental damages are not covered by this warranty.
The warranty also does not cover potential cosmetic or operational defects that were already known to the Buyer at the time of purchase of the bicycle and were stated in the advertisement.
There may be minimal scratches or similar cosmetic marks resulting from handling, even in new products, as they may be display or test models.
All parts and components subject to wear and tear such as handlebar tape, O-rings, cups, bearings, seals, threads, brake pads, brake shoes, brake pads, brake discs, tires, bushings, reducers, chain, chain, chainwheels, sprockets, spokes, sheaves, handlebar tape, tubulars, inner tubes, wiring, trims, hardware, saddle upholstery, cores and any other consumable items that are subject to wear due to their use shall be exempt from warranty. This list of items is merely enunciative and in no way limited.
Tuvalum will not be liable for damage due to accident or as a result of improper use or maintenance. This means, for example, that if the bicycle frame breaks due to a fall or blow, we will not cover its repair or replacement. That is why Tuvalum always recommends following the manufacturers' maintenance instructions.
All bicycles with any electronic components, it will be the responsibility of the purchaser to keep them updated with the new versions available.
Tuvalum reserves the right, in case of any doubt, to request justification of the maintenance(s) performed.
Due to the inherent danger of using a bicycle on any terrain and under any circumstances, and to the inherent risks that may arise from its use, this warranty only covers the replacement of non-compliant components, and does not in any case cover personal injury that may result directly or indirectly from the failure of such components during use. In the event of an accident, regardless of the direct cause of the accident, Tuvalum's warranty is void in its entirety.
The warranty does not apply in any case to breakage or defects resulting from negligent use of the bicycle, the installation of other non-original accessories than those supplied at the time of purchase, or improper handling and maintenance operations by the purchaser or by any third party on behalf of the purchaser.
The warranty does not cover the theft, loss or simple disappearance of the bicycle and any of its parts, components and accessories.
2.9.a Maintenance recommendations Muscle bikes. Tuvalum recommends:
● Clean and grease the chain and derailleur after every ride.
● Perform weekly disk cleaning.
● Check tire pressure, always maintaining the pressure recommended by the manufacturer.
● Perform a monthly wear control of brake pads.
● Top up tubeless fluid every 6 months (if the bicycle is tubeless).
● Perform a chain and transmission check approximately every 2.000 km.
● Check suspensions every 100/200 hours, and consult the manufacturer.
Finally, we recommend that you have your bike serviced 2 to 3 times a year (to check the wear and tear of the brake pads, discs, transmission and to lubricate the bike more thoroughly).
E-bike electric bicycles. Tuvalum recommends, in addition to all of the above:
● Check that the connection protectors are tightly closed after loading to prevent possible water filtration.
● Avoid, whenever possible, pressure washing the bicycle.
● Change the chain every 800 kms (recommended by manufacturers).
● Mount reinforced chain specific for electric.
● Tubing tires to be able to ride at the correct pressure and have more grip.
● Follow the manufacturer's battery care and maintenance recommendations.
2.9.b Claiming process of the guarantee
To request assistance and enforce the warranty, the Buyer must fill out the form that they will find here within the warranty validity period, providing the corresponding purchase invoice and detailing the reasons for the non-conformity. The Buyer must inform Tuvalum of the non-conformity within two (2) months of becoming aware of the non-conformity. Unless proven otherwise, it will be understood that the communication of the consumer has taken place within the established period.
The original invoice or packing slip must be retained by the Buyer as a proof of purchase. In order for the warranty to be approved, the bicycle must have the serial number visible.
In order to be able to make a correct evaluation of the incident, before proceeding with the shipment of the bicycle Tuvalum will ask the Buyer for clear and color photos that allow to see the extent of the incident. The refusal by the Buyer to send pictures that allow the incidence to be appreciated, as well as the sending of blurred, out-of-focus, dark, low resolution images and/or images that do not allow the incidence to be clearly appreciated, will immediately nullify any claim under the warranty.
Once the incident has been evaluated, Tuvalum's customer service department will inform the Buyer of the steps to follow for the repair of the bicycle, under the terms and conditions provided for in the applicable legislation.
Shipping costs will always be at the Buyer’s expense, Tuvalum reserves the right to request the shipment of the product for evaluation and opinion. For this reason we recommend keeping the original packaging. if the Buyer does not have the original packaging, Tuvalum can provide a box with packaging material and a pick-up service at the Buyer's address, to be paid for by the Buyer.
Tuvalum reserves the right to repair, replace the claimed product or issue a purchase voucher on Tuvalum, and its final decision is binding.
Tuvalum will assume the cost of repairing the frame and/or fork, including parts (original parts or parts with similar characteristics), labor and taxes carried out by Tuvalum or by a workshop designated by Tuvalum as long as it is proven that the problem is due to a manufacturing defect or hidden defect in the material. In case of repair, it will be the responsibility of the professional designated by Tuvalum to make the evaluation and determine which parts are similar (with the same technical characteristics).
If the repair cost is higher than the depreciation limit of the product or if repair is not possible, a purchase voucher will be issued to Tuvalum. The bicycle will become the property of Tuvalum and the warranty will end. The depreciation limit will be the equivalent of seventy percent (70%) of the price paid by the Buyer, excluding shipping costs and any other added extras, at the time the bicycle was purchased from Tuvalum. For example, if the purchase price of the bicycle was one thousand euros (€1,000), the depreciation value will be seven hundred euros (€700). This means that in the event that the repair is not possible or that the amount of the repair exceeds this amount, the Buyer will receive a purchase voucher from Tuvalum for the value of 700 euros.
Claims received by garanka will be managed within a maximum period of 15 days, taking into account the complexity of each case.
In the event that the Buyer submits a claim, Tuvalum may need to collect the bicycle and have it assessed at one of its certified workshops. If, after the thorough inspection and analysis, it is determined that the claim does not fall under the Warranty, the Buyer will be responsible for covering the necessary costs associated with the management and return of the bicycle to their address. The specific costs will be communicated by our Customer Service team as they may vary depending on the country. The Buyer is required to make the payment for the return fee within a legal deadline of six (6) months from the date of notification. Failure to make the corresponding payment within this period will result in the ownership of the product being transferred to Tuvalum. Tuvalum will then proceed to either destroy the product or, if its condition allows, donate it for charitable purposes.
3. Returns and right of withdrawal
It should be noted that Tuvalum is not responsible for improper assembly by the Buyer. All bicycles are quality tested and inspected before being shipped to the Buyer. This means that, if a Buyer receives the components to assemble a bicycle, such as bottom brackets, cranks, pedals, seatposts, etc.. and when assembled, it is not done carefully or with the appropriate tools, the components may be rubbed, over-threaded or worn. Being as we say responsibility of the Buyer a bad assembly of the same ones.
A Buyer is the only one responsible for any deterioration of the Product resulting from handling beyond what is necessary to establish the proper condition, characteristics and functioning of the Product. The returned Product must be in the same condition in which it was delivered to a Buyer.
The use of the Product must not go beyond the mere verification of the good condition and functioning of the Product. Otherwise, the Product may suffer a depreciation of its original value. In such a case, the Buyer agrees that Tuvalum reserves the right not to accept the return of the Product or to reimburse the Buyer, deducting any amount as a result of damage caused to the Product (if the damage occurred after the Product was shipped to the Buyer).
Tuvalum is a company committed to the environment and sustainability. That is why we always recommend to keep the original packaging, not only because it can be reused at any time by the purchasing customer for his personal use (for example to send his bike back and forth) but also to use it in case of possible returns or application of the renewal plan and/or buyback guarantee.
In the event that the original packaging is not available, and it is necessary to send any product to Tuvalum, Tuvalum reserves the right to send another packaging kit at the buyer's expense.
In Tuvalum we contemplate two (2) types of returns:
3.1. Incident returns
If a Product purchased does not conform to the advertised description, or it is a different Product from that indicated on the Website advertisement, the Buyer may terminate the contract and request a refund.
These differences with respect to the advertised must be explicit, manifest and unequivocal. A Buyer must notify Tuvalum within a maximum period of thirty (30) calendar days from the date of reception of the Product by email, and must send Tuvalum the Product within the terms and conditions that the company has established for this purpose given the particular circumstances of a case.
The Buyer shall explain the reasons why the Product does not conform to the description in the Product Sheet and/or does not conform to these General Conditions. In addition, he will enclose detailed photographs to support his/her claims.
Tuvalum will inspect the Product in order to ascertain whether or not it conforms to the description in the Product Sheet and these General Conditions.
3.2. Returns due to withdrawal
In the case of Products purchased from Tuvalum, when a Buyer has the status of a single person resident in the European Union, the Law recognizes the right to cancel the purchase during a period of thirty (30) days.
In orders where a modification is made to the bicycle as part of an exclusive customization requested by the Buyer, the right of withdrawal is excluded. As well as those cases in which it is the Buyer himself who makes changes to the bicycle with respect to its initial state after purchase.
(30) calendar days from the day on which the Purchaser or a third party indicated by the Purchaser (other than the carrier) receives the purchased product or from the last purchased product in case the Purchaser has chosen to receive several packages of the same Order.
During this period, the Buyer may exercise its right to cancel the Transaction with Tuvalum, without having to justify the reasons for doing so or paying a penalty. The Buyer may exercise its right of withdrawal even before receiving the Product.
To exercise the right of withdrawal and return the Product, the Buyer must notify Tuvalum in writing of his decision, specifying all the information necessary to manage the return of the Product (identification and contact details, date of purchase and delivery of the Order, description of the Product or proof of purchase, etc.).
To do so, please fulfill the following form (here)
Once the aforementioned period of fourteen (14) calendar days has expired, Tuvalum will not accept returns due to withdrawal.
Once notified to Tuvalum his desire to withdraw from a purchase, the Buyer must proceed to the return of the Product without undue delay and, in any case, within fourteen (14) days from the date of communication of the withdrawal. Exercising the right of withdrawal will entitle the Buyer to request a reimbursement of the price paid and the initial shipping costs, if any. However, the Buyer shall bear the direct cost of returning the Product to Tuvalum.
In any case, the Product must be returned in the same condition in which it was delivered, together with all documentation or accessories delivered to the Buyer. It must also be accompanied by a copy of the packing slip you received with your order. Similarly, if the Product is not returned in the same original packaging in which it was shipped, it may suffer a depreciation of its original value. The use of the Product should not go beyond merely checking that it is in good condition and working order. Otherwise, the Product may suffer a depreciation of its original value.
Tuvalum will not accept returns that do not comply with the provisions of the applicable legislation, or when there are clear signs of use by the Buyer (beyond those necessary to verify the characteristics and operation of the Product) or when the Product is returned with damage that it did not have at the time it was delivered to the Buyer.
When we receive the Product in our warehouse and it is verified that it meets the above conditions, the total amount you paid for your purchase will be refunded within a maximum period of 7 working days.
The costs of shipping the bicycle to Tuvalum shall be borne by the Buyer.
Tuvalum includes a security tag with its sold products that helps determine whether the bicycle has been used or not in the event of a return. Under no circumstances will this bracelet be the sole factor used to determine whether the bicycle has been used, but it will be used as an aid in analyzing the condition of the product. The Buyer may test the product minimally to see if they like it before requesting a return, but under no circumstances should they make any changes or manipulations beyond assembly. Of course, to accept a return for withdrawal, the Buyer may not use the bicycle beyond checking its functionality.
In the event that the returned bicycle is received without the security tag, or with the tag showing obvious signs of use, the return of the product will automatically be denied and returned to the Buyer, who will be responsible for the corresponding shipping costs.
4. LIMITATION OF LIABILITY
When buying or selling from Tuvalum, users (both Buyers and Sellers) declare to accept the exclusive use of the channels provided by Tuvalum to establish contact, negotiations, transactions and shipments.
Tuvalum strives to provide a convenient and secure buying and selling system for Buyers and Sellers, including secure payment and collection processes and shipping systems. Tuvalum is not responsible for the improper use of its services by Buyers and Sellers. For example, if you ship a bicycle without respecting the packing instructions or materials that we provide, Tuvalum will not be responsible for any damage that may be caused during shipping, being the responsibility of the Seller.
Also, economic transactions and shipping methods must always be carried out in accordance with the provisions of Tuvalum. If you make a payment by other methods or send an item by another channel other than those provided on our Website, you expressly waive the protection, security and complaint systems that Tuvalum establishes in these terms of use.
Tuvalum cannot guarantee that the service offered will always be available. Access to our Website may be occasionally interrupted or restricted due to maintenance work or the introduction of new services and functionalities. Tuvalum will try to limit the frequency and duration of such interruptions.
The Website may also suffer failures and interruptions of service for reasons beyond the control of Tuvalum or fortuitous causes and / or force majeure, such as viruses, computer attacks and / or actions of third parties that cause the total or partial impossibility of providing services, as well as other unforeseeable causes such as the incorrect operation of the Internet.
Consequently, the use of online content is at the User's own risk and responsibility. In the course of using our Website and services, Tuvalum shall be liable without limitation for damages caused intentionally or through the gross negligence of Tuvalum or through its legal representatives, employees or agents. Otherwise, liability for damages originating from slight negligence is limited to those typically expected. In the case of insignificant unintentional damage, Tuvalum shall have no liability whatsoever. The above limitations shall not apply to damages arising from injury to life, body or health and other premeditated damage. Where Tuvalum's liability is excluded or limited, it shall also be limited to employees, representatives and/or agents.
Tuvalum will in no case be responsible for the operation and/or data protection policy or other terms contemplated in other websites that may be accessed by the inclusion of a link (Links) in the website, nor for the content, services or products offered from them, unless these other websites are owned by Tuvalum.
The hyperlinks contained in our Website may lead to third party websites. Tuvalum incorporates them to facilitate user navigation, in no case assumes responsibility for the content, information or services that may appear in such websites, which will have exclusively informative character and will in no case imply any relationship between the said third party and Tuvalum.
The access, contracting and use of the products offered by Tuvalum requires a computer, tablet, cell phone or computer equipment and an Internet connection. The costs associated with these items are not included in the prices described in these legal conditions.
Tuvalum develops the maximum diligence in the implementation of security measures, however, it does not assume any responsibility in relation to the custody and proper use of passwords to access website, which will be the sole responsibility of the user.
5. FISCAL ASPECTS
Users are solely and exclusively responsible for complying with their fiscal obligations, as applicable to them, obligating themselves to hold Tuvalum harmless in the event of non-compliance with such obligations.
6. LICENSE
Subject to your compliance with these Terms of Use, Tuvalum or its suppliers grant you a non-exclusive, non- transferable, non-sublicensable, limited license to access and use the Platform for the performance of the services provided by Tuvalum.
This license does not permit you to perform any of the activities described below, and you agree that your failure to comply with any of the following limitations will constitute an infringement of Tuvalum's rights. So:
a. You shall not sell, license or assign the Tuvalum Platform or any reproduction or modification thereof to any person or entity;
b. You shall not develop, distribute or host any server or software designed to interact with the Platform or to redirect or emulate the communication protocols used by Tuvalum;
c. You shall not modify the Platform or any of its parts and/or contents;
d. You shall not copy, translate, reverse engineer, derive source code, modificate, disassemble, decompile or create derivative works from the Platform or any part thereof, nor permit or authorize any third party to perform such activities.
e. You shall not develop, distribute or use any third party program designed to affect the user experience of the Platform.
The license granted under these Terms does not confirm title or ownership of the Platform and shall not be construed as a sale of any rights therein. All rights, title and interest in and to the Web Site are owned by Tuvalum.
Accordingly, you acknowledge that Tuvalum is and shall be the owner of all rights in the Platform. This Platform is protected by Spanish and EU intellectual property laws, international treaties and any other applicable legislation.
Tuvalum assumes no responsibility whatsoever for the intellectual or industrial property rights of the contents that the users Sellers of products include in their advertisements. Sellers agree by accepting these Terms of Use not to publish in their ads images protected by copyright. The responsibility for the publication of this group of images will be the user Seller, and not Tuvalum. The User grants Tuvalum, free of charge, the unlimited right to re-use online and offline the content that has been transmitted to the Website, as well as the information of the Products and the photos taken and related to them. This means that Tuvalum may use the photos of the Products offered for sale by Users for commercial and advertising purposes, for example, to create advertisements on digital platforms.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
7.1. Industrial Property
The distinctive signs (graphical and denominative) appearing on our website are the exclusive property of Tuvalum or, where appropriate, ownership of third parties consenting to the use of them by Tuvalum. Consequently, the use of trademarks or trade names appearing on the Platform, by Users without having obtained the proper authorization, is prohibited in the economic trade.
7.2. Copyrights
The contents, texts, photographs, designs, logos, images, sounds, videos, animations, recordings, source codes and, in general, any intellectual creation existing on the Platform, as well as the Platform itself as a whole as an artistic multimedia work, are protected as copyrights by the legislation in force on intellectual property.
The reproduction, storage (except that necessary for loading the Platform in the browser or temporary storage), transformation, distribution, public communication, making available to the public and in general any other form of exploitation, by any means or process, of all or part of the contents subject to Tuvalum's rights, except in the case of prior express authorization to that effect, is prohibited in general and not limited to, except in the case of prior expressed authorization to that effect.
It is also prohibited any process that may affect or use the source code of the Platform, including those that seek its exploitation, modification or even the circumvention, alteration or elimination of the security systems that are implemented.
7.3. Domain names
In the same sense as referred to in the preceding paragraph, the domain name tuvalum.com is the exclusive property of Tuvalum. Its improper use in the economic traffic would be an infringement of the rights conferred by its registration and will be prosecuted by the means provided by law.
If you detect any infringement, please notify us at the e-mail address provided.
8. APPLICABLE LAW AND JURISDICTION
These Conditions are subject to Spanish law and any dispute about the validity, interpretation, execution or termination of its provisions, or concerning disputes about the products purchased through the Website shall be subject to the jurisdiction of the Courts and Tribunals of Valencia (Spain).
8.1 In any case, if the User is considered a "consumer", nothing in this clause shall affect or limit the rights that, in such condition and in this area, correspond to him/her in accordance with the legislation in force at any given time. In addition, we remind you that you can access the online dispute resolution platform of the European Union through this link: http://ec.europa.eu/consumers/odr/
8.2 Without prejudice to the foregoing, the parties undertake to use their best efforts to resolve such disputes amicably and in good faith, before going to the competent courts to resolve any conflicts that may arise.
