Condiciones de Compra (GL)

These Terms and Conditions establish the rights and obligations of all users of Escapa in relation to the products and services we offer through our website "www.escapa.com".

These Terms and Conditions are important to both you and us as they are designed to create a legally binding agreement between us, protecting your rights as a customer and our rights as a company.

We ask that you read these Terms and Conditions and our Privacy Policy carefully before confirming your payment to place your order.

By using the website "www.escapa.com" or placing an order through it, you acknowledge that you are bound by these Terms and Conditions and our Privacy Policy. Therefore, if you do not agree with all of the Terms and Conditions and the Privacy Statement, you should not place any order.

These Terms and Conditions may be modified, so please read them before placing each order.

By placing an order on "www.escapa.com," you fully accept the prices, the description of the products for sale, and the general terms and conditions of purchase, which will be the only ones applicable to the contract thus concluded.

You agree to only use the website www.escapa.com to make legally valid inquiries or place orders. You also agree to provide us with your true and correct email address, postal address, and/or other contact information, and you understand that we may use this information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we require, we will not be able to process your order.

By placing an order through "www.escapa.com," you warrant that you are fully authorized to use the payment card if you choose this payment method. Only persons with the legal capacity to enter into contracts relating to the type of goods and services offered on this website may place orders on "www.escapa.com."

To place an order, you must follow the online checkout process until payment is received.

After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as it constitutes an offer from you to purchase one or more products. All orders are subject to our acceptance, and we will confirm such acceptance by sending you an email confirming that the product(s) have been dispatched (the Dispatch Confirmation).

The contract for the purchase of one or more products between us (the Contract) will only be formed when we send you this Dispatch Confirmation.

The Contract relates solely to those products listed in the Dispatch Confirmation. We will not be obliged to supply any other products that may have been ordered until we confirm dispatch of those products in a separate Dispatch Confirmation.

Please note that depending on component availability and other factors, the specifications of some bicycle assembly accessories by the manufacturers may be subject to change without notice.

Service Availability: The items offered through this website are only available in mainland Spain, the Balearic Islands, the Canary Islands, Portugal, Italy, and France.

Product Availability: ESCAPA will do everything possible to satisfy all its customers' product demands. However, all product orders are subject to availability. Therefore, if there are supply difficulties or if items are out of stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you may order. If you do not wish to order these substitute products, we will refund any amount you may have paid.

Product Delivery:

ESCAPA undertakes to deliver the products in perfect condition to the delivery address you provide on the order form, provided that the brand's commercial policy allows for shipping.

ITEMS WITH SHIPPING RESTRICTIONS

Products to which the manufacturer applies a shipping restriction are indicated in the online store www.escapa.com with the delivery type: "Pickup in Store Only" or "Delivery in Physical Store Only" or "In Store Only."

These products cannot be shipped under any circumstances and must be picked up by a physical person at one of our facilities:

https://www.escapa.com/our-stores

Under no circumstances will any of these products be delivered to carriers or shipping companies.

ITEMS WITHOUT SHIPPING RESTRICTIONS

You may request delivery of the items to a different address and to a different individual than the person who placed the order, as long as the delivery address is located in mainland Spain or the Balearic Islands.

Orders will not be delivered to PO boxes.

In order to optimize delivery, please provide an address where the order can be delivered during normal business hours.

Biciescapa ships its items through courier companies (usually Correos Express or SEUR).

Please note that if the merchandise does not fit in the elevator, the delivery person is not required to bring it up to the customer's door.

Delivery of the merchandise will be made to the address designated by you. In the event of the recipient's absence, a receipt will be left at the time of delivery indicating how to arrange a new delivery.

Biciescapa reserves the right to change the type of shipping and the shipping company, regardless of what is stated on these pages and provided that this does not cause any harm to the customer.

The shipping costs for purchased items will be reflected at the time of final purchase and will depend on the destination. These terms and conditions may be modified.

For the purposes of these Terms and Conditions, "delivery" or the product(s) will be deemed to have occurred upon signing for receipt at the agreed delivery address.

DELIVERY TIMES

Biciescapa strives to maintain adequate stock of all products offered with the goal of delivering in less than 5 business days. However, on occasion, due to failures in the supply chain (manufacturers, distributors, logistics operators), it is not possible to meet this deadline.

The estimated delivery time is detailed on each product (days are always business days, excluding weekends, holidays, and long weekends). For shipments to the Balearic Islands, please add 2 business days to the indicated delivery time.

If, after the purchase, one of the purchased products cannot meet the delivery time, BICIESCAPA S.L. undertakes to inform you and propose an alternative to the purchased product. If the new delivery time and/or alternative do not satisfy you, we will cancel the order, and if you have made payment, we will refund it.

If for any reason we cannot meet the estimated delivery date, we will inform you of this circumstance and give you the option to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note, in any case, that we do not deliver on Saturdays or Sundays.

FAILURE TO DELIVER

We reserve the right to withdraw any Product from our website at any time and/or to remove or modify any material or content on it. Although we will endeavor to always process all orders, there may be exceptional circumstances that force us to refuse to process an order after we have sent the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion.

We will not be liable to you or any third party for withdrawing any product from our website "www.escapa.com," regardless of whether that product has been sold, removing or modifying any material or content on the website, or for refusing to process an order once we have sent you the Order Confirmation.

The prices on the website "www.escapa.com" include VAT, applicable on the date of the order, but exclude shipping costs, which will be added to the total amount due.

The PRICE OF THE PRODUCTS will be the one shown on the website. The price is expressed inclusive of taxes, as these taxes are set on the date of acceptance of the offer. The price must be paid in full upon purchase.

ESCAPA reserves the right to modify the sales prices listed on www.escapa.com at any time, but the items will be invoiced based on the rates in effect at the time the order is placed, subject to availability on that date.

If you made your purchase at one of our physical facilities, you have a maximum of 14 days to return it, and the amount will be refunded via a voucher.

If you made your purchase online, these are the conditions:

If for any reason you are not satisfied with your order, you have up to 14 business days to notify us of your return by emailing info@escapa.com. From this date, you will have a maximum of 14 business days from receipt of the order to return it to our facilities in optimal condition (according to articles 102 and 104 of Royal Decree-Law 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws).

The right of withdrawal cannot be applied when the products have been made according to the customer's specifications or customized at the customer's request.

These provisions do not affect the consumer rights granted by current legislation.

To return the product, you must send it to us in perfect condition, unused, and in its original packaging, including warranties, labels, and instructions for use. Return shipping to our warehouse will be the customer's responsibility.

It is very important that you return the products to us properly packaged. If the products are damaged due to improper packaging, we will not accept the return.

Once we receive the merchandise at our warehouse and verify that all the above conditions are met, escapa.com will accept the return of the product and process the refund according to the payment method used:

a. If you paid by credit card or PayPal, the amount will be credited to the same credit card or PayPal account.

b. If you paid by cash on delivery or bank transfer, we will ask you for an account number to which we can transfer the amount (you will need to send it to info@escapa.com).

The assembly and shipping service fees will be excluded from the refund, and are as follows:

1. Bicycles with delivery to the Peninsula (€200 to €6,999): €30 for assembly + €55 for shipping.

2. Bicycles with delivery to the Balearic Islands (€200 to €6,999): €30 for assembly + €75 for shipping.

3. Bicycles with delivery to the Canary Islands, Ceuta, or Melilla (€200 to €6,999): €30 for assembly + €100 for shipping.

4. Bicycles with delivery to Andorra for orders between €200 and €6,999: €30 assembly fee + €75 shipping costs.

5. Bicycles with delivery to the Spanish mainland for orders between €7,000 and €15,000: €30 assembly fee + €55 shipping costs + €200 shipping insurance.

6. Bicycles with delivery to the Balearic Islands for orders between €7,000 and €15,000: €30 assembly fee + €75 shipping costs + €200 shipping insurance.

7. Bicycles with delivery to the Canary Islands, Ceuta, or Melilla for orders between €7,000 and €15,000: €30 assembly fee + €100 shipping costs + €200 shipping insurance.

8. Bicycles shipping to France, Italy, or other EEC countries between €200 and €4,999: €30 assembly fee + €90 shipping costs.

9. Bicycles shipping to France, Italy, or other EEC countries between €5,000 and €15,000: €30 assembly fee + €90 shipping costs + €200 shipping insurance.

You can also visit one of our physical stores to return the bicycle.

https://www.escapa.com/our-stores

Note: You will receive your refund within 14 calendar days of receiving the returned product at our warehouse. Please note that if you paid by credit card, your bank may not show the refund amount on your balance until the following month.

Please note that the assembly and shipping service fees will be excluded from your refund, as mentioned above.

If you have placed your order and it has not yet been shipped, but the assembly service has already been performed, the amount of €30 corresponding to that service will be deducted from the refund amount.

This deduction also applies to bicycles purchased through in-store pickup (click & collect).

If for any reason you are not satisfied with your order, you have up to 14 business days to notify us of the return via email at info@escapa.com. From the date you notify us of your intention to return the product, you will have a maximum of 14 business days to return it to our facilities in optimal condition.

This policy is based on the provisions of Articles 102 and 104 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

This law is the main legislation in Spain on consumer and user rights and transposes several European directives, especially regarding distance contracts and contracts outside commercial establishments.

Furthermore, these items are aligned with Directive 2011/83/EU of the European Parliament and of the Council on consumer rights, which establishes common rules in the European Union on the right of withdrawal and consumer protection in online purchases.

To return a product, you must send it to us in its original packaging, including warranties, labels, and instructions for use. You must ensure that the product is in perfect condition and has not been used or altered in any way. It is important to note that return shipping to our warehouse is the customer's responsibility.

If the item is even minimally used, we do not accept returns.

It is very important that you return the product to us properly packaged. If the product is damaged due to improper packaging, we will not accept returns.

Once we receive the merchandise in our warehouses and verify that all the above conditions are met, Bicicescapa.com will accept the return of the product and process the refund according to the payment method chosen:

a. If you paid by credit card or PayPal, the amount will be credited to the same credit card or PayPal account.

b. If you paid by cash on delivery or bank transfer, we will ask you for an account number to which we can pay the amount (you must send it to info@biciescapa.com).

The shipping address is:

- Polígono industrial la BASTIDA, Passeig de la Riera, 220, 08191 Rubí (Barcelona)

You can also visit one of our physical stores to make the return.

https://www.escapa.com/our-stores

If you wish to exchange the size of a product, we advise you to contact our Customer Service Department to arrange this (info@escapa.com or by calling 93 727 58 97).

Note: You will receive your refund within a maximum of 14 calendar days after receiving the returned product at our warehouse. Please note that if you paid by credit card, your bank may not show the refund amount on your balance until the following month.

These provisions do not affect the consumer rights granted by current legislation.

RETURNS OF DEFECTIVE PRODUCTS

If you believe that the product does not comply with the terms of the Contract upon delivery, you must contact us immediately using our contact form or by email at info@escapa.com, providing details of the product and the damage. In some cases, we will request that you send us a photo of the damage.

Once we receive notification, the following steps are:

You must return the product to us at the address indicated on the invoice you will receive by mail, providing the following information:

1. Personal Information
2. Your email address
3. Order Number
4. Reason for return
5. Date of receipt of order

DATE OF RETURN

Please return the item using its original packaging, along with any instructions, documentation, and packaging that may accompany it.

Once we receive the returned merchandise, we will carefully examine the returned product and will inform you by email within a reasonable timeframe whether a refund or replacement is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible (provided we receive a response from the brand/manufacturer, as they are ultimately responsible for providing a final solution). In any case, the refund or replacement will be made within 30 days of the date we send you an email confirming that the return or replacement of the non-conforming item is appropriate.

In the event that the product(s) cannot be replaced, the amounts paid for those products returned due to a defect or flaw, where one actually exists, will be fully refunded, including the delivery costs incurred to deliver the item to you and the costs you incurred to return it to us.

Partial returns and cancellations will result in partial refunds of the total amount paid for the entire order. Shipping, refund, and gift wrapping fees will not be refunded for partial returns.

Refunds will be issued to the same credit card used to pay for the purchase or via bank transfer for orders.

Payments made through a refund.

If you have any questions, please contact us at info@escapa.com or by calling 93 727 58 97.

All rights recognized by current legislation are subject to change.

All products sold from January 1, 2022, will have a three-year warranty, following the entry into force of the Amendment to the General Law on the Protection of Consumers and Users. This measure is implemented in European Directive (EU) 2019/771 of May 20, 2019.

ESCAPA is responsible for any lack of conformity that becomes apparent within three years of delivery, except for wear and tear parts or negligent use.

In the event of any lack of conformity, you must inform us without undue delay by sending an email to info@escapa.com, indicating your details, your purchase invoice number, and the detected anomaly. In the case of a manufacturing defect, Escapa will be responsible for the costs associated with labor and materials.

The cost of shipping and returning warranties will be borne by ESCAPA, provided that the manufacturer considers the defect to be covered by the warranty. Otherwise, the cost of returning the item must be paid by the customer.

The returned item must be properly packaged for return. The packaging must be in perfect condition and retain all its accessories and original instructions for return.

The instructions for the correct use and installation of the product, as well as the warranty documentation included by the manufacturer, are mandatory for the buyer to read.

Defects or damage caused by external factors, accidents, especially electrical accidents, wear and tear, installation, and use not in accordance with the Supplier's instructions are excluded from the warranty.

Products modified or repaired by the customer or any other person not authorized by the Supplier are also excluded.

Click here for more details if you wish to request a warranty on an item purchased at www.escapa.com or if you have any questions regarding the warranty management process.

For any questions or information requests, you can also contact Customer Service either by email at info@biciescapa.com or by phone at 93 745 10 74.

*If the product arrives damaged at our facilities due to improper packaging or protection, ESCAPA will not be responsible for such damage.

Product photographs and text correspond to the specifications communicated by the manufacturer. The weight of the bicycle may vary depending on customization and size.

ESCAPA's liability for any product purchased on "www.escapa.com" will, in all cases, be strictly limited to the purchase price of said product and will not be compromised by simple errors or omissions that may have occurred, provided that all necessary precautions have been taken in the presentation of the products.

Biciescapa is not responsible for any possible variations made by the manufacturer without prior notice.

The information provided by the supplier (images and description of the item) prevails.

ESCAPA cannot be held responsible for damages of any kind, whether material, non-material, or physical, that may result from improper operation or use of the products sold. The same applies to any modifications made to the products by the suppliers.

ESCAPA may not be held liable by a customer or third party for indirect damages, loss of business, or loss of profits, regardless of the cause, even if such damage, loss, or injury could have been foreseeable by ESCAPA or if its eventuality had been brought to its attention.

Except as provided in the preceding paragraphs, ESCAPA's liability under these general terms and conditions may not exceed an amount equal to the sums paid after the transaction giving rise to such liability, regardless of the cause or form of the action in question.

ESCAPA may not be held liable for non-performance of the contract entered into in the event of stock shortage or unavailability of the product, due to force majeure, business interruption, or total or partial strike, in particular involving postal services and means of transport or communications, floods, or fire.

The provisions of this clause shall not affect your statutory rights as a consumer, nor your right to withdraw from the contract.

In the event of a dispute, the customer may first contact ESCAPA to reach an amicable resolution.

These General Conditions are governed by Spanish law. The parties submit, at their discretion, to the courts and tribunals of the consumer's domicile for the resolution of disputes, waiving any other jurisdiction.

The elements of this website are designed for the purpose of offering the sale of products identified by ESCAPA.

All illustrations, designs, icons, graphics, photographs, images, and any other elements that form part of the website are the exclusive property of Biciescapa, or licensed by the supplier's brand.

Customers and users are advised that ESCAPA's rights to the content, design, and source code of this website are protected by current Spanish and international legislation regarding intellectual and industrial property.

Furthermore, and without prejudice to the foregoing, the content of this website is also considered computer software and, therefore, all current Spanish and European Community regulations on the matter also apply to it.

The total or partial reproduction of this website, even through a hyperlink, or of any of its contents, is expressly prohibited without the express written permission of ESCAPA.

Likewise, any copying, reproduction, adaptation, modification, distribution, commercialization, public communication, and/or any other action that constitutes a violation of current Spanish and/or international intellectual and/or industrial property regulations, as well as any use of the website content without the prior express written authorization of Escapa, is strictly prohibited.

Biciescapa informs you that it does not grant any implicit license or authorization regarding intellectual and/or industrial property rights or any other right or property related, directly or indirectly, to the content included on its website www.escapa.com

Applicable regulations require that some of the information or communications we send you be in writing. By using the website www.escapa.com, you agree that most communications with us will be electronic.

We will contact you by email.

For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information, and other communications we send you electronically comply with the legal requirements of being in writing. This condition will not affect your statutory rights.

Notices you send us should preferably be sent via our contact form. Subject to the foregoing, and unless otherwise stipulated, we may send communications to you either by email or to the postal address you provide when placing an order.

Notices will be deemed received and properly served immediately upon posting on our website, 24 hours after an email is sent, or three days after the postage date of any letter. To prove service, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped, and properly delivered to a post office or mailbox, and, in the case of an email, that it was sent to the email address specified by the recipient.

These General Conditions are governed by Spanish law.

The parties submit, at their discretion, to the courts and tribunals of the user's domicile for the resolution of disputes and waiving any other jurisdiction.