1. OVERVIEW

This Website is owned by BH BIKES EUROPE, S.L. (hereinafter BH BIKES) C/ Perretagana, 10 – 01015 VITORIA, TIN B-01003599, registered in the Companies Register of Álava, in volume 1389, book 0, folio 204, with contact telephone no.: 945180801 and the email address rgpd@bhbikes.com. In the case of online contracting, any customer or user may file complaints and claims or request information about the goods or services offered or procured by such means.

This legal notice applies to any subdomains, microsites and/or subsections contained on this Website, which are the sole property of BH BIKES EUROPE, S.L.

By using this website or any subdomains, microsites and/or subsections contained in it, you shall be deemed to have read, understood and accepted – without limitation or reservation – the terms of use set forth in this Legal Notice and in the Privacy Policy that is available on this website, which we expressly advise you to read, with the use hereof constituting express and full acceptance of the versions of the Legal Notice and Privacy Policy that are published when they are accessed.

 1.1. Language 

If we translate this Legal Notice, our Privacy Policy or any other terms of use, policies and procedures that may be published every so often on this website, if there is a discrepancy between the Spanish version and the translated version, the Spanish version shall prevail.

 2. MARKETING MESSAGES AND ADVERTISING CONTENT

BH BIKES EUROPE, S.L. hereby informs users that if they have a prior contractual relationship, we shall send them information about our activities, products and/or services (including via electronic communications) based on our legitimate interest. If you do not want us to send you this type of information and you want us to cease processing your data for these purposes, please send us an email to inform us of this to rgpd@bhbikes.com and we shall do so. The withdrawal of your consent to send these types of communications does not affect the processing of your data for the other purposes described in the privacy policy.

If you are not a customer, we shall only send you these types of advertising and/or marketing messages by email if you have authorised us to do so by clicking on the option expressly included on our website for such purpose.

Advertising: The Website may contain advertising content or be sponsored. The advertisers and sponsors are solely responsible for ensuring that the material submitted for inclusion in the Website complies with any applicable laws and agreements. The owner of the Website shall not be responsible for any error, inaccuracy or irregularity that appears in the advertising/sponsor’s content. It shall also not be responsible for any offence caused to the Website’s users or visitors by the advertising material or any other content.

 

 3. INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS

3.1.  Regarding content created by users.

If, in order to participate in any event, activity, promotion or competition organised by us, or simply because you wish to do so, you send us/publish on this website or on our social media pages any documentation, information or literary, artistic, scientific, technical opinion or opinion of any other kind, through articles, drawings, videos, photographs or any other text/audiovisual content on any media or in any format that may be protected by industrial or intellectual property rights, the act of sending such content implies the sender’s authorisation for us to use it on this Website and, consequently, to make it available to third parties and on any of our social media pages and on YouTube, in order to provide information about the event/activity, document it and to include it in the photographic/video report on it, and to use it in any advertising leaflets, posters, printed material and promotional signs, etc.

Therefore, non-exclusively, free of charge and for an unlimited time and worldwide, the sender transfers to us the sublicensable right to reproduce, distribute, translate, publish and disclose all or part of such content by any means currently known or developed in the future, for any purpose.

The copyright of such content belongs to its author, who warrants such authorship. However, sending us this content or publishing it on our website or social media pages implies the transfer of the right to reproduce and publish this, with the author reserving their right to exploit it in any way that does not impair our normal use of the work by the aforesaid means.

The sender warrants that they are the owner of the content or that they have all of the rights, capacity and/or permissions, authorisations and consents necessary to use or license said content, which they are able to prove, and it does not infringe the rights of any third parties, including data protection rights and any industrial and intellectual rights.

The sender shall be solely liable for any claims filed by third parties, including the Public Administration, in relation to the content, and for any resulting losses or damages that may be claimed, authorising us to take any action permitted by law to protect our rights. Consequently, any liability that we may have to face, including financial liability, shall be passed on by us to the sender.

3.2. Regarding content created by BH BIKES EUROPE, S.L.

The owner of the content and the elements that make up this Website is BH BIKES EUROPE, S.L. Therefore, it owns the intellectual and industrial property contained herein, in particular all source codes, texts, images, designs, logos, computer programs, animations, databases, trademarks, trade names or distinctive symbols, sounds and other graphic/audio elements on the pages of the Website. This is not a complete list and is only for illustrative purposes, and said elements are duly protected pursuant to Spanish and international Intellectual and Industrial Property regulations.

The User agrees to use the content in a diligent and proper manner, in accordance with the law, common decency and public order. BH BIKES EUROPE, S.L. authorises the User to view the information contained on this Website and to make private copies of it (simply downloading it and storing it on their computers), provided that the elements are solely intended for personal use, or when they are solely used for the purpose of journalism, provided that, in both cases, their integrity is respected and this Website owned by BH BIKES EUROPE, S.L. is identified as the original source. Any form of biased use contrary to their nature is expressly prohibited.

Besides the purposes expressly specified in the preceding paragraph, use of the content of the Website, and its distribution, modification, transfer to third parties, reproduction, conversion or public disclosure by any means or technology is forbidden, with the prior, express consent of BH BIKES EUROPE, S.L. required for this. Any action contrary to the foregoing shall constitute a breach of the rules on industrial and intellectual property rights.

However, use of this website is permitted, provided that its integrity is respected and this website owned by BH BIKES EUROPE, S.L. is identified as the original source. Any form of biased use contrary to its nature is expressly prohibited.

BH BIKES EUROPE, S.L. reserves the right to take appropriate legal action to protect its rights.

4. PASSWORDS AND PRIVATE AREA

When it is necessary to send them a password to access certain services, the USER is solely responsible for keeping it strictly and absolutely confidential and secret. They must safeguard, use and store it in a diligent manner and it is expressly forbidden to transfer it to third parties, and the USER shall be responsible, and therefore liable, for any harmful consequences that may arise for the owner of the Website and the other USERS.  In the event of the theft, loss, or unauthorised use of/access to the password, the USER must report this immediately to BH BIKES EUROPE, S.L. so that the necessary steps may be taken, with the USER liable for any damages suffered by BH BIKES EUROPE, S.L. and other USERS due to delayed communication.

BH BIKES EUROPE, S.L. shall not be responsible for any incidents that may arise in relation to the personal data when they are due to an attack on/unauthorised access to the systems which is impossible to detect by the security measures in place, or when this is due to a lack of diligence on the part of the registered customer regarding the safekeeping of their passwords or their personal data.

To access the private area of this Website it is necessary to register as a user, for which you will be asked for the basic information that is necessary to create your profile in the private area. When you have completed the registration form, we will be able to verify your identity in order to activate your profile.

 

5. SECURITY

This Website uses the HTTPS (SSL) protocol to establish a secure communication channel between the server and the user, for sending personal data. Using a secure server to provide this service ensures the confidentiality of the information that is exchanged between the user’s computer and that server, as an encrypted connection is established between them using the SSL protocol, which prevents third parties from accessing the information that is sent.

BH BIKES EUROPE, S.L. never records or stores the bank details of its customers; each transaction takes place directly on the website of the Financial Institution.

 

6. LIABILITY

6.1. General considerations

BH BIKES EUROPE, S.L. wants this website to operate as effectively as possible and to fulfil the purpose for which it was created, but it is not responsible for any typographical, formal or numerical errors that may appear on the website, nor for the accuracy of the information contained on it, or any malfunctions or anomalies in its operation, e.g. problems in the internet network or on the servers that host the website.

BH BIKES EUROPE, S.L. does not warrant that the website and server are free of viruses and it is not liable for any damages resulting from accessing the website or from an inability to access it, or any damage that may be caused to the user’s computer or the files stored on it if the computer used by the user to access this website is infected by a virus, if there is a browser malfunction or when outdated versions of browsers are used.

The user agrees to use this website lawfully, legitimately and in accordance with the law and commercial standards; they also agree not to behave in any way that may harm the image, interests or rights of BH BIKES EUROPE, S.L. or of third parties or which may damage, render unusable, overload or in any way impede normal use of this website.

BH BIKES EUROPE, S.L. reserves the right to change the terms and conditions that appear on this website and to broaden their content, information, etc. at any time and without prior notice and, therefore, it advises you to read them at reasonable intervals in case they are changed. You must read any new legal notices and terms of use of the website that may be added. Otherwise, you must refrain from using and accessing it, holding BH BIKES EUROPE, S.L. harmless, with the latter reserving the right to suspend and terminate access to the content of the Website and the services provided through it.

6.2. Links and hyperlinks

The websites owned by BH BIKES EUROPE, S.L. may provide links or access to other third-party resources or websites, which we believe may be of interest to you or which are necessary for the provision of some of our websites’ services, but none of those websites are controlled by us.

The purpose of these links may be to help you find online resources that might interest you or to manage certain services from the websites owned by BH BIKES, and for the processing, payment and billing of your purchases, or the possibility of calculating the quickest route to the store from your current location.

However, said sites do not belong to BH BIKES EUROPE, S.L., nor do we check their content and, consequently, we cannot accept responsibility for the sites or any services provided that appear and/or are available on them, or for the operation of the linked sites, how they use and process data, any infractions that they may commit or any damage that may arise from accessing or using them. The existence of the link does not imply any relationship between BH BIKES EUROPE, S.L. and the persons or entities that own such content or the sites on which it appears.

Therefore, BH BIKES EUROPE, S.L. accepts no responsibility for the linked sites, nor is it accountable for their operation or the content or services hosted on them, or any links which are, in turn, contained on said linked sites.

We strongly recommend reading the respective legal notices and, in particular, the privacy policies of said sites before entering your personal data into them and, if in doubt, we recommend directly contacting said sites to obtain further information about their privacy policies.

If the user becomes aware of any illegal or inappropriate content, services or any other such activities carried out through a linked site, they must immediately report it to BH BIKES EUROPE, S.L. so that it may take any steps that it deems necessary.

It is expressly forbidden to display a page from the website www.bhbikes.com on another site that does not belong to BH BIKES EUROPE, S.L. (using a technique called “framing” or any other with the same or similar effects), or to insert any form of content published through www.bhbikes.com on a website other than this using a technique called “inline linking”, or any other with the same or similar effects, without the express consent of BH BIKES EUROPE, S.L.

By using this website, we consider the user to have carefully read this document and understood and followed the advice herein. If the user does not agree with the data protection policy or with the advice provided through it, please do not use our website.

 

7. JURISDICTION AND AUTHORITY

In the event of any disagreement or dispute regarding the interpretation of these terms and conditions, or on any point related to the services from this Website, Spanish jurisdiction and regulations shall be applicable and the competent courts shall be those of Vitoria.