Legal notice

LEGAL NOTICE, TERMS AND CONDITIONS OF FLEBI

From the FLEBI SOLUCIONES S.L. team, we would like to inform the USER that the use of this website constitutes their consideration as a USER, and the general terms of use detailed in this document will apply. The terms and conditions for online purchase and/or contracting will only apply to the USER when they purchase one of our products or contract one of our services and have received the proof of purchase and the associated conditions.

These General Conditions of contracting and use aim to regulate the provision of information provided in the FLEBI online store, as well as the commercial transactions that arise between FLEBI and users at https://www.flebi.com.

These general conditions are applicable solely and exclusively to end customers. Companies or individuals, legal entities or individuals, distributors of products, or any other parties capable of reselling the product or subleasing it, regardless of consumption as end users, will not be considered as such. Specifically, they will not apply to the fleet renting service offered by FLEBI through the website https://www.flebi.com.

1. IDENTITY AND OWNER OF THE WEBSITE.

FLEBI SOLUCIONES S.L. is the owner and manager of the website https://www.flebi.com.

The sale of items and the provision of services through this website is conducted under the name FLEBI by FLEBI SOLUCIONES S.L., a Spanish company with CIF B91951418, located at Polígono San Nicolás, Calle 8, Nave 99, 41500 Alcalá de Guadaira, Sevilla, registered in the Mercantile Registry of Sevilla, volume 5403, page 95, entry 1, with sheet SE-90400.

You can contact us via email at info@flebi.com or through the chat available on the website.

2. GENERAL TERMS OF USE

The contents of this legal notice and terms of use constitute a legal CONTRACT and, therefore, create an obligation between the parties (FLEBI and the USER).

2.1. OBLIGACIONES DEL USUARIO

As a USER, you agree to make proper use of the content, services, and products available through this website, in accordance with the law, morality, and public order, as well as these Terms of Use, respecting all other users at all times.

2.2. PROPIEDAD INTELECTUAL E INDUSTRIAL.

The website, the pages it comprises, and the information or elements contained therein, including product user manuals and videos and images created by FLEBI and available on the FLEBI website and social media, hereinafter referred to as the CONTENT, are protected by intellectual or industrial property rights, of which FLEBI is the owner and/or holds a license or express authorization for their use and public communication by the legitimate third-party holders for their inclusion on this website.

The USER is not authorized to reproduce, reinterpret in whole or in part, use, exploit, distribute, alter, disseminate, or sell the contents of this website for commercial purposes without prior express authorization from FLEBI. Any unauthorized use will be considered a serious violation of intellectual or industrial property rights, and damages may be claimed in this regard.

2.3. POLÍTICA DE ENLACES DE ESTA WEB Y USO DEL BLOG

LINKS PUBLISHED ON THE WEBSITE

Both this website and its blog may contain links to other websites or mention other cooperative websites, for which the owners will be responsible.

FLEBI is not responsible in any way for the problems or violations of rights that third-party websites may cause in relation to the USER.

FLEBI does not recommend, promote, identify with, guarantee, represent, sponsor, or endorse any linked or third-party websites that may be commercially mentioned by USERS. FLEBI is not aware of the content and services of the linked or third-party sites that appear on our website and, therefore, is not directly or indirectly responsible for any damages of any kind caused by the content and/or services of the linked websites or for any other damages that cannot be directly attributed to this website.

Specifically, the FLEBI website contains information about services provided by third parties such as Cetelem, Scalapay, and Cleverea, as well as links to their websites. This information is displayed solely for informational purposes, and FLEBI has no responsibility for it. Under no circumstances will FLEBI be liable for any problems or violations of rights that the services of these third parties or others, their websites, or the information about them presented on our website may cause in relation to the USER. FLEBI recommends reading the terms and conditions of such services on their respective websites before contracting them.

The FLEBI team appreciates that if the USER believes there is a web link with illegal or inappropriate content, they communicate it to the email address legal@flebi.com, committing to the removal of the content or the link as soon as possible, without FLEBI incurring any liability in any case.

BLOG MANAGEMENT

FLEBI reserves the right to delete any comments or contributions that violate the terms of use of this website, the law, morality, or public order.

The use of the blog for the inclusion of promotional, destructive, insulting comments, or any content that goes against the positive tone of the website or any of its users is strictly prohibited.

The FLEBI team is committed to monitoring the use of our blog by third parties and strives to delete, annul, or remove any harmful comments. However, FLEBI cannot be held responsible for the opinions expressed by users. Nevertheless, we are happy to cooperate with any user or authority that considers the inclusion of harmful comments on our blog, and for this purpose, we provide the following email: legal@flebi.com.

2.4. ERRORES EN EL CONTENIDO

At FLEBI, we make every effort to provide accurate, appropriate, and up-to-date information; however, there may be occasional typographical errors that are not intentional on FLEBI’s part. In such cases, we will correct them as soon as we detect them. If the USER detects an error, please let us know at info@flebi.com.

If there is a typographical error in any of the displayed prices and a customer has made a purchase decision based on that error, we will inform the customer of the error, and they will have the right to cancel their purchase at no cost to them. Similarly, it is possible that the content of the website may occasionally display provisional information about certain products and/or services. If the provided information does not correspond to the characteristics of the product and/or service, the USER will have the right to cancel their purchase at no cost to them.

However, in compliance with the provisions of articles 11 and 16 of the LSSI-CE, FLEBI makes itself available to all users, authorities, and law enforcement agencies to actively collaborate in the removal or, if applicable, blocking of any content that may affect or contravene national or international legislation, the rights of third parties, or morality and public order.

Thus, if the USER believes that there may be any illegitimate content, we would appreciate it if they notify us immediately via the following email: legal@flebi.com.

3. TERMS AND CONDITIONS OF ONLINE PURCHASE

3.1. OBJETO DEL CONTRATO

The purpose of this contract is the electronic contracting by the CLIENT of the products and/or services offered through our website https://www.flebi.com.

3.2. PROCESO DE COMPRA

Upon acceptance of these terms and conditions, and completion of the contracting process with FLEBI through the website, YOU will receive a confirmation email of the transaction made with FLEBI along with a copy of the Terms and Conditions within 24 hours. From that moment on, you acknowledge that you have been informed of all the general conditions that pertain to the purchase of the product. If, after reading these contractual conditions, YOU do not agree, you may exercise your right of withdrawal as indicated in section 3.7 RIGHT OF WITHDRAWAL of these terms.

All contracts made through the website constitute orders with a payment obligation.

FLEBI informs you that for legal reasons, it archives the electronic documents that formalize the transactions between YOU and FLEBI. YOU can access these documents by requesting them from our Customer Service at info@flebi.com.

3.3. COMUNICACIONES ESCRITAS

By accepting these Terms and Conditions and using this website, YOU agree that communications with us will be conducted through electronic means, including the provision of the corresponding receipt, ticket, or invoice.

The issuance of the electronic invoice is contingent upon your consent, which you may revoke at any time. To do so, you can write to the email address legal@flebi.com, indicating your desire to revoke that consent.

The receipt of documentation and communications by electronic means will not affect your legally recognized rights in any way.

3.4. CATÁLOGO, CARACTERÍSTICAS DE LOS PRODUCTOS Y SERVICIOS OFRECIDOS POR FLEBI

3.4.1. CATALOGS

YOU can find the catalog of our products and services published on our website. It will clearly indicate those products that are out of stock, and purchases cannot be made if there is no stock, meaning that the USER will only be able to view the product description. In the case of our services, only those products available for each service (rental, trial, etc.) will be displayed; therefore, there will be no option to contract services for products that are not available in that specific case.

In the event of an error on the website showing a product that is actually unavailable, FLEBI will immediately inform the consumer of this unavailability and any amount paid will be refunded without delay. The company reserves the right to accept and/or validate discount coupons when a purchase is made, in order to prevent fraud, system failures, or stock shortages.

3.4.2. PRODUCT/SERVICE FEATURES AND QUALITY

The products and services offered through the website https://www.flebi.com have different characteristics; therefore, we recommend reading our legal notices and the technical specifications of each of our products and services available on the website and in these terms before making a purchase.

All products and services in our catalog are accompanied by information about their basic features, conditions, and additional information. YOU are solely responsible for verifying that these features meet your expectations before purchasing the products or contracting our services.

All purchases and contracts made on https://www.flebi.com involve a payment obligation.

3.4.3. KM ZERO PRODUCTS

The products in the KM ZERO category are items that have been displayed at fairs or showrooms, or that have been tested by some users for a maximum of 14 days.

When the product purchased by the user belongs to this category, other promotions will not apply to the same purchase (for example, it will not be combinable with the TRADE-IN PLAN, coupon discounts, or affiliate programs). You can send us any questions you have through the contact form on our website set up for this purpose, via our chat, or by writing to info@flebi.com.

All KM ZERO products have been inspected by our teams to ensure they are in perfect condition. You can assess the condition of each KM ZERO product through the images provided on the FLEBI website and the accompanying descriptions.

KM ZERO products come with a legal warranty of one (1) year and a period of fourteen (14) calendar days to exercise the right of withdrawal.

3.4.4. OFFERED SERVICES

A) FLEBI TRADE-IN PLAN

Through the FLEBI TRADE-IN PLAN service, the CLIENT hands over their old bike to FLEBI in exchange for a discount on the purchase of a FLEBI bike. The steps to follow are as follows:

1. FLEBI will assess the bike that the CLIENT wishes to trade in based on the images sent by the CLIENT. FLEBI will evaluate it considering the brand of the item, age, usage, condition, and other relevant factors that may determine the condition of the item and its current price.

2. Once the value of the bike has been determined, FLEBI will communicate it to the CLIENT, and if YOU agree with the appraisal, you will hand over the used bike to FLEBI, and FLEBI will apply the corresponding discount to the purchase of the FLEBI product that the CLIENT makes.

The maximum discount that the USER can obtain for trading in their old bike is €450. The FLEBI TRADE-IN PLAN cannot be combined with other promotions such as KM ZERO, coupon discounts, or affiliate programs. You can send us any questions you may have through the contact form on our website set up for this purpose, via our chat, or by writing to info@flebi.com.

If the CLIENT wishes to withdraw from the purchase, the amount corresponding to the discount will not be refunded. Instead, the item handed over by the CLIENT to FLEBI will be returned, restoring each product to its original owner.

B) AFFILIATE PROGRAM

Through the AFFILIATE PROGRAM, the USER enrolled in it can recommend our products to friends, family, and others through the links provided as an AFFILIATE. If these referred individuals make a purchase, the AFFILIATE earns a commission, and the buyer receives a discount on their purchase. For both parties to benefit from the affiliate program, it is important that the purchase is made using the AFFILIATE’s link/coupon. Otherwise, FLEBI will not be able to verify that it is an affiliate referral, and the discounts cannot be applied.

You can only share the link with people you know. You cannot refer yourself; the AFFILIATE and the REFERRED person must be two different individuals.

The FLEBI Affiliate Program is available on request through our CONTACT FORM (available at: https://www.flebi.com/programa-de-afiliados/). FLEBI will receive the application from the prospective affiliate and evaluate their participation in the program. Once accepted, FLEBI will create the affiliate account in the system and share the specific URL and access credentials with them, which cannot be changed without prior communication to the company.

Requirements to join the AFFILIATE PROGRAM:

– Be of legal age.

– Reside in a country where FLEBI ships its products.

– Have purchased a FLEBI product directly from FLEBI or through a distributor. FLEBI reserves the right to request any necessary information to verify the purchase.

– Comply with the terms and conditions governing their FLEBI purchase(s), especially regarding the prohibition of purchasing for resale purposes.

– The AFFILIATE PROGRAM may only be used for personal, non-commercial purposes.

In your affiliate profile, YOU will be able to check generated commissions, the number of referred individuals, and other relevant data.

If FLEBI suspects any type of fraudulent use of the AFFILIATE PROGRAM, it will contact the user to clarify what happened. Additionally, FLEBI reserves the right to remove any user from the system who engages in fraudulent use.

The reward/commission amount will be indicated to you upon acceptance into the AFFILIATE PROGRAM. Please note that the reward amount may be subject to change.

As an AFFILIATE, you will receive your reward once the withdrawal period for your REFERRED person has ended. Payment will be made via bank transfer (or another method agreed upon with FLEBI), so you will need to provide us with your bank account information.

The REFERRED person will receive the discount in their cart at the time of purchase. The referral discount can be applied to new orders of any in-stock product in our store, except KM ZERO items. The referral discount cannot be combined with other promotions or offers, such as the TRADE-IN PLAN. In the case of withdrawal, the amount corresponding to the applied discount will not be refunded.

The REFERRED person will not automatically become an affiliate; they must apply through our CONTACT FORM.

YOU should be aware that you may be held legally liable if you violate anti-spam or marketing laws. The details of these rules vary from country to country. At FLEBI we reserve the right to remove the discount from any purchase or from any USER (affiliate or referral) who makes fraudulent use of it.

The AFFILIATE PROGRAM is available in all countries we ship to. Find a list of the places we ship to in the “Distributors” section or in the “Shipping Terms”.

If you have any questions, please contact FLEBI using the forms on the website, the chat available on the website or by email at info@flebi.com.

C) TRY A FLEBI

Through the TRY A FLEBI service, the USER selects one of the FLEBI products that appear in the “Try a FLEBI” section (available at the link: https://prueba.flebi.com/probar-antes-de-comprar/) to be able to enjoy it for 7 days.

After selecting the desired product, it will be added to the cart and the USER only has to follow the purchase process, until completing all the steps that will appear on the screen, among which are:

You will find the choice of delivery day and product colour. The price varies depending on the product selected and appears next to the product description. Before making the payment, the full price for the service will be displayed, including any applicable taxes and shipping costs.

The test products are new and have not been previously used.

If after the trial period the CUSTOMER wishes to permanently purchase the product, he/she must contact FLEBI by email, writing to our email address info@flebi.com or through our form in the “Contact” section. The amount paid by the CUSTOMER for the trial service will be deducted from the purchase price.

Withdrawal and cancellation of service

By accepting these terms and conditions of contract, you expressly agree that once the execution of the service has begun, the right of withdrawal provided for by law will not be applicable to this contract in accordance with the provisions of art. 103.a) of Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users.

In no case will the right to withdrawal be exercised once the service has been fully executed in accordance with the provisions of art. 103 of the aforementioned legal text.

Thus, the contractual relationship between FLEBI and you will end when you have fulfilled the temporary commitment acquired.

Likewise, two additional cancellation situations are foreseen PROVIDED THAT THE PRODUCT HAS NOT YET BEEN DELIVERED:

1. Cancellation up to 8 days before the delivery date of the product. That is, if the order is scheduled for delivery on the 10th, the customer may cancel it free of charge up to the 3rd (inclusive) and will receive a full refund of the amount paid.

2. Cancellation of the order within 7 days prior to the date of delivery of the product is considered proof. That is, after the aforementioned period has passed, but the product has not been delivered. In this case, only 50% of the amount paid by the user will be refunded.

In order to cancel the test order, customer service must be notified via https://www.flebi.com/contacto/.

D) RENT A FLEBI

Through the RENT A FLEBI service, the USER rents one of our products offered in the “Rent a Flebi” section (available at the link https://prueba.flebi.com/suscripcion/).

After selecting the desired product, it will be added to the shopping cart and the CUSTOMER only has to follow the purchase process until completing all the steps that appear on the screen, including the choice of the months of service that he/she wishes to contract. Before making the payment, the full price for the service will be displayed, including any applicable taxes and transport costs. The price of the service will vary depending on the product selected and the months of service contracted. The price will appear next to the product once the period for which it is to be rented has been selected.

This service is only available in mainland Spain and the Balearic Islands.

The subscription will be charged on a monthly basis until the end of the period selected when making the purchase. If the CUSTOMER has not indicated his/her desire to cancel his/her subscription to the RENT A FLEBI service at the time of termination of the contract, the contract will be deemed to be extended for one successive month.

Once the CUSTOMER informs FLEBI of the end of the subscription and their desire not to extend it (at least 3 days before the end date of the current subscription month), FLEBI will cancel the subscription and proceed to manage the collection.

Withdrawal and cancellation of service

By accepting these terms and conditions of contract, you expressly agree that once the execution of the service has begun, the right of withdrawal provided for by law will not be applicable to this contract in accordance with the provisions of art. 103.a) of Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users.

In no case will the right to withdrawal be exercised once the service has been fully executed in accordance with the provisions of art. 103 of the aforementioned legal text.

However, YOU may terminate the existing contractual relationship between FLEBI and YOU at any time, once you have fulfilled the temporary commitment acquired based on the subscription made.

FLEBI provides for a cancellation situation. The customer, provided that the cancellation has been made within the first 24 hours since the customer received the product, will receive a refund of 50% of the amount paid. After 24 hours from receiving the rented product, the customer must keep the product until the end of the selected rental period and no amount will be refunded.

• COMMON ASPECTS OF FLEBI TESTING AND RENTAL SERVICES

Return of the product by the customer when the subscription to the FLEBI RENTAL and TEST service ends.

At the end of the trial or rental period, the USER must contact FLEBI by writing to us at info@flebi.com or through our form in the “Contact” section, requesting the cancellation of the rental service or notifying us of the end of the free trial. A day will be agreed upon for the collection of the product. The transport service will pick up the product on the day

agreed at the location where the delivery was made or at a collection point of the transport service accepted by the user.

In order for the product to be collected, it must be placed back in its original packaging and the return label sent with the product must be affixed to the shipping label. We therefore ask that you BE CAREFUL with the original packaging when you receive the order. The USER must return all accessories with which the product was delivered.

If the CUSTOMER does not deliver the product and/or accessories on the indicated day, a second collection will be made the following day. If the customer is unable to deliver the product and/or accessories on the second attempt, he/she must contact FLEBI again and request collection. In this case, the customer agrees to pay the operational costs of reverse logistics and may be subject to penalties.

In the event of misappropriation of the product by the USER, FLEBI reserves the right to take the appropriate legal action and register the user on the default platform (ASNEF).

USER Obligations

During the rental or trial period, the customer may not transfer the use of the goods to a third party without the prior consent of FLEBI, in particular, the products may not be sold, transferred, given away, rented or lent.

The customer is obliged to keep the goods free of third-party rights for the duration of the order. In addition, the customer may not modify the goods. Modification refers to any change that changes the condition in which the product was received.

FLEBI reserves the right not to send the product and its accessories to the CUSTOMER if there are indications that the customer may misuse the product.

The USER is solely responsible for complying with the legal requirements and laws applicable to the use and operation of these on the road and road safety laws, as well as the manufacturer’s instructions for use.

It is not permitted to be driven by more than one person at a time, nor to carry objects that make driving difficult in any way. The customer is solely responsible for the proper use of the product and for using the appropriate protective equipment such as helmets and other accessories.

Error in the delivered product.

If the delivered product does not work as it should or is not the one that the CUSTOMER had requested, the USER must contact FLEBI by email at info@flebi.com or through the form available in the “contact” section (https://www.flebi.com/contacto/), reporting the following information:

– Please provide the order number, your full name and contact details (e.g. mobile phone number)

– Send a photo or video of the product

– Indicate the reasons why it does not work

– Indicate the address where you want the product to be collected

FLEBI will contact the customer to collect the product at the indicated address and send it to our warehouses. There, a quality check of the returned product will be carried out and, if it is confirmed that the product does not work, 100% of the amount paid will be refunded within a period of 5 days from the date of cancellation.

Insurance

The product is insured by NEWE. In case of damage, it covers 80% of the RRP. Only cases of breakage, damage and oxidation will be covered. Loss and theft are not covered. In addition, the customer is responsible for any damage caused to other people during the use of the product.

Product incidents

In the event that the product being tested/rented suffers a breakdown, you must notify us by email at info@flebi.com or by using the form available in the “contact” section (https://www.flebi.com/contacto/). FLEBI will be responsible for collecting the product at the same address where it was delivered.

If the breakdown is due to the fault or negligence of the user, or is due to any of the causes included in this legal text as excluded from the legal guarantee of the products sold by FLEBI, FLEBI reserves the right to pass on the cost of the repair to the user.

In the event that you have been the victim of theft or robbery, FLEBI is not responsible and reserves the right to request the value of the rented or tested product, calculated on the basis of the current market value. We therefore ask you to be responsible with the use you make of our bicycles.

E) MAINTENANCE SERVICE

The FLEBI maintenance service is annual and costs €49, taxes included, to be paid in a single payment at the time of contracting the service with FLEBI.

FLEBI’s maintenance service is not available for any product. Before contracting the service, the USER must contact FLEBI by writing to our email info@flebi.com or by using the form available in the “contact” section (https://www.flebi.com/contacto/). FLEBI will assess your bicycle and, if possible, contract the maintenance service for it.

The services included in the annual maintenance service are listed on our website, in the “Maintenance” section (available at: https://www.flebi.com/mantenimiento-flebi/). It is recommended that you carefully read the services included in the service on our website before contracting the FLEBI maintenance service.

3.5. PRECIOS, FORMAS DE PAGO Y CONDICIONES DE ENVÍO

3.5.1. PRICES

The prices applicable to each of the products and services are published on our website, including taxes and excluding shipping costs, unless otherwise expressly indicated. However, before charging, during the purchasing process, you will be presented with all applicable rates, including taxes, shipping costs or any other type of additional cost to the price of the product.

In the case of purchases made outside the mainland and the Balearic Islands, all applicable taxes, fees or tariffs may not be included in the price, and these will be the responsibility of the customer, who, for such purposes, must be aware of the import policy of their country.

You can check the shipping costs applicable to each case in our “shipping conditions” section (https://www.flebi.com/gastos-de-envio/). When at least one bicycle and accessories are included in the same order, only the shipping costs corresponding to the bicycle will be charged.

FLEBI may make any changes it deems appropriate, updating products and services based on the market. These changes will not be applied to contracts already made, and the CLIENT will be charged the agreed price.

3.5.2. METHOD OF PAYMENT

At FLEBI we offer different payment methods: by bank transfer, credit/debit card, through the PayPal platform, Scalapay and through the financial institution Cetelem.

If you select bank transfer, you will be provided by email with the details of the account to which you must make the transfer. The purchase and/or contract will not be processed, nor will the product be shipped until the accounting entry of the payment has been made in our account.

In the event that you choose Paypal, Scalapay or Cetelem as the payment method, the transaction between you and FLEBI will be conditional upon the USER contracting the services of the platform or financial institution selected and used as the payment method.

Before using any of these payment methods, USERS must accept the Terms and Conditions and the privacy policy of the entity in question available on its websites. It is strongly recommended that they be read before accepting them.

By means of this legal text, the USER expressly agrees to hold FLEBI harmless from any liability to any person that may arise from the use of the services of Paypal, Scalapay or Cetelem, as well as from the acceptance of their terms and conditions and their privacy policy.

3.5.3. SHIPPING CONDITIONS

The products offered on the website will only be shipped to the countries/cities indicated in our shipping conditions available on our website, which you can access through the following link: https://www.flebi.com/gastos-de-envio/ . Shipments will not be made outside the mentioned delivery area.

Once the purchase has been made, FLEBI will process the order within 24 to 48 hours. The delivery date of the purchase will range between 2 and 10 business days, depending on the shipping method and address selected. The approximate delivery times for each method and destination will be indicated during the purchase process and in any case, you can consult them on our website (https://www.flebi.com/gastos-de-envio/).

As indicated in section 3.5.1. PRICES of this legal text, you can consult the shipping costs applicable to each case in our “shipping conditions” section.

3.6. LEGAL WARRANTIES ON THE PRODUCTS OFFERED

3.6.1. LEGAL WARRANTIES ON THE PRODUCTS OFFERED

(https://www.flebi.com/gastos-de-envio/). Section detailing the amount of shipping costs based on the selected delivery address. When at least one bicycle and accessories are included in the same order, only the shipping costs corresponding to the bicycle will be charged.

FLEBI is responsible for any quality defects that its products may show within a period of three (3) years from their delivery. The consumer and user must inform FLEBI of the lack of conformity within two months of becoming aware of it.

To exercise this right you must do so by emailing info@flebi.com or by completing the contact form on the website.

The CUSTOMER must send the product to the following postal address: Polígono San Nicolás calle 8 nave 99, 41500 Alcalá de Guadaira – Sevilla. FLEBI will cover the shipping costs associated with the return.

FLEBI will proceed as appropriate to repair, replace or refund the amount, procedures that will be free for the consumer and user. In the event of replacing the product, FLEBI guarantees the exchange for a part of the same model whenever possible, or a similar model.

In the event that the amount paid by the customer is refunded, FLEBI will do so within a maximum period of 14 calendar days.

The legal guarantee is a right that the law recognises for consumers, and therefore may only be exercised by those who fulfil the condition of consumer and have contracted with FLEBI. Returns of products in exercise of the legal guarantee by third parties outside the contractual relationship between FLEBI and the CONSUMER will not be accepted.

The legal guarantees will not be applicable in the following cases:

– Damage or defects suffered by the product due to an external cause beyond the control of FLEBI. For example, the legal guarantee will not apply when the damage is due to accidents not attributable to FLEBI, scratches or punctures suffered due to use, damage suffered by the product due to having been connected to problematic and/or unstable currents, etc.

– Damage or defects caused by incorrect operation by the customer. For example, due to use or installation that does not comply with the manufacturer’s specifications, use that is detrimental to the proper functioning of the appliance, use for commercial or collective purposes, use of incompatible peripherals, accessories or consumables, etc.

– Replacement of consumables. Wear and tear on parts such as batteries, lights, fuses, cameras, tires, bearings, brake shoes, etc., will not be covered by the warranty when such wear and tear is due to their use.

– Damage or defects due to abnormal or non-conforming use of the products. To do so, we advise you to read the instruction manual included with each of our products.

– Damage or defects resulting from repairs or manipulation of the product by technical services not recognised and/or authorised by FLEBI. Replacement of consumables must be carried out by FLEBI’s technical service.

3.7. RIGHT OF WITHDRAWAL

In the event that a repair or replacement service not covered by the warranty is required, the customer must be responsible for all costs arising from sending the product to FLEBI’s technical service (located in Seville) and returning it to the customer. Once the product has been received, FLEBI will issue a quote for the service to be performed, and if the user does not accept it, the bicycle will be returned in the same condition in which it was received, with FLEBI being able to pass on to the customer the costs arising from examining the product and identifying the problem.

If you have purchased the bike through our website, when the battery reaches the end of its useful life you simply have to buy a new battery from the FLEBI online store and send us the bike for replacement. We will send the bike to the FLEBI Technical Service and the old battery will be replaced with the new one at no cost to the CUSTOMER by the Technical Service. Once the repair is complete, we will send the bike back to the same address from which it was sent to FLEBI, with the CUSTOMER paying the shipping costs. If the CUSTOMER wants FLEBI to take care of the collection at their home, they will simply have to pay an additional cost for the collection transport.

KM ZERO products have a legal guarantee of 1 (one) year. Any defects that the product already had at the time of purchase by the USER and of which the USER had already been informed will not be covered by the guarantee.

3.7.1. RIGHT OF WITHDRAWAL

You will have a period of 14 calendar days from receipt of the goods to cancel the contract, without having to give any reason. To comply with the withdrawal period, it is sufficient for you to send the communication regarding your exercise of this right before the corresponding period expires.

The CUSTOMER must bear the direct costs of returning the products.

For the return of defective products or incorrectly executed services, section 3.6 LEGAL WARRANTIES of this legal text applies.

3.7.2. CONDITIONS OF WITHDRAWAL

The right of withdrawal will not apply in the following cases, as well as in the rest of the exceptions provided for in article 103 of Law 3/2014:

● The product has been used or shows signs of wear due to unnecessary, unjustified and/or unacceptable handling.

● The product has been handled in an inappropriate manner causing damage to the product.

● The purchased product is returned without any of the accessories with which it was delivered.

● The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the company cannot control and that may occur during the withdrawal period.

● The supply of goods made according to the consumer and user’s specifications or clearly personalized.

● The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.

● The supply of goods which, after delivery and taking into account their nature, have been inseparably mixed with other goods.

● The provision of services, once the service has been fully executed or execution has begun.

Possible colour variations that may occur in the tints of the materials or colour variations depending on the characteristics and configuration of the screen from which the purchase is made are not considered defects.

If we find ourselves in one of the situations in which withdrawal is not applicable, the customer will be informed that the return is not admissible, and the return costs will be borne by the CUSTOMER.

Returns will not be accepted with postage due or cash on delivery.

3.7.3. CONSEQUENCES OF WITHDRAWAL

Once the correct condition of the returned product has been verified, FLEBI will refund the amount within a maximum period of 14 calendar days, using the same payment method used by YOU for the initial transaction, unless you have expressly stated otherwise.

FLEBI will refund the CUSTOMER the total price paid for the order (the price shown on the invoice or receipt). Additional costs resulting from the CUSTOMER’s choice of a delivery method other than the least expensive standard delivery method we offer will not be reimbursed. The CUSTOMER will bear the direct costs of returning the products.

3.7.4. WITHDRAWAL PROCEDURE

If you wish to exercise your right of withdrawal, you must notify us of your decision at the postal address Polígono San Nicolás calle 8 nave 99, 41500 Alcalá de Guadaira, Seville or at the email address info@flebi.com.

If you wish, YOU may use the following model (you should only complete and send this form if you wish to withdraw from the contract), but any unequivocal declaration of your will to exercise your right to withdraw is valid.

Model withdrawal form

To the attention of FLEBI:

I hereby inform you that I am withdrawing from our sales contract for the following product:

● Ordered on (order date) / received on (date received)

● Product to be returned

● Name and address of the CUSTOMER

● Pick-up address

● CUSTOMER’S PHONE

● Customer Email

● Date of withdrawal

Order return methods.

To return products purchased through the website https://www.flebi.com, the CUSTOMER must send the package by the means of their choice to the following address: Polígono San Nicolás calle 8 nave 99, 41500 Alcalá de Guadaira, Seville. You must assume the direct cost of returning the products and will be solely responsible for the item until it arrives at our warehouse. We recommend that you send the item by courier or certified mail and keep proof of shipment.

In the case of products purchased through our distributors, returns must be managed with them, applying the provisions of their return policies.

Returns will not be accepted with postage due or cash on delivery.

3.8. PEDIDOS FALSOS O FALSAS IDENTIDADES

Each order is linked to a specific IP address, which are not usually used for any specific purpose. However, we reserve the right to use them to take legal action against those people who make false orders for material, without any intention of collecting it or paying for it, or simply exercising the right of withdrawal for uses other than this. In these situations, we will take criminal action, under the protection of the established legal system, and in collaboration with police forces, we will take the appropriate measures to put an end to these fraudulent orders.

3.9. SERVICIO POST-VENTA

If you have any questions about any product purchased at https://www.flebi.com you can contact us through our email info@flebi.com or through the contact forms enabled on our website.

3.10. QUEJAS Y RECLAMACIONES

In case of any complaint or claim, you can send it to the email legal@flebi.com, including the following information:

● Name, address, ID, email and telephone number of the claimant.

● Brief and clear description of the facts that are the subject of your claim.

● What you are requesting with the claim

You can obtain a model of a complaint form at the following link:

https://www.consumoresponde.es/sites/default/files/articulos/Formulario%20de%20Quejas%20y%20Reclamaciones%20rellenable_15.pdf

In addition, the CLIENT has the option of using the European Union Online Dispute Resolution system accessible through the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

4. TRANSACTION LANGUAGE

The user may choose the language in which the purchase-sale contract with FLEBI will be formalized between Spanish, English, French or Italian, choosing it in the part of the website enabled to make said selection.

5. PRIVACY AND COOKIE POLICY

In compliance with Spanish regulations on the protection of personal data, FLEBI guarantees full compliance with the obligations described therein, as well as the implementation of the security measures contemplated in the Personal Data Protection Act (Law 3/2018 hereinafter, LOPDGDD) and the new European Regulation (EU) 2016/679, hereinafter RGPD.

For more information about the processing of your data, it is important that you read and understand the “Data Protection and Privacy Policy” and the “Cookie Policy” of this website. Therefore, the FLEBI team recommends that you read and understand them again and that you refrain from using the website or any of its content/services if you do not agree with them.

Although it is necessary that you accept the “Privacy and Data Protection Policy” in which you are informed in more detail about the use and processing of your data, all users have the possibility of exercising their rights of access, rectification, limitation, portability, cancellation or opposition, through the following email legal@flebi.com

6. APPLICABLE LEGISLATION AND JURISDICTION

FLEBI is based in Spain and is therefore subject to Spanish and European laws regarding contracts.

In the event of a conflict, the Court or Tribunal competent to hear the matter will be that of the CLIENT’s domicile.

If the User accesses this site from a location outside of Spain, he or she is responsible for complying with all local and international laws that apply to him or her.

7. MODIFICATION OF TERMS AND CONDITIONS

FLEBI reserves the right to modify these terms and conditions whenever it deems necessary. The modifications introduced will not be retroactive, but will begin to apply at the time of their publication.

It is your obligation to read this legal text in its entirety and any other texts published on our website before browsing it and/or making a purchase in its online store.