The present Terms of Sale will govern the commercial relations celebrated between MSC BIKES, S.L. and his buyers; understanding that a buyer is any individual person who celebrates this contract for an intention which cannot be attributed neither to his commercial activity nor to his independent professional activity.
These specific terms will regulate only and exclusively the sale of complete bicycles between MSC Bikes, S.L and his buyers, in condition of final users. The rest of transactions will be adjusted to what is established in the General Terms of Sale.
The establishment of terms and commercial agreements which are different of these ones will demand, in any case, an expressed and written agreement between the Buyer and MSC BIKES, S.L. prevailing, in this case, the above mentioned agreement over the present Terms of Sale.
The Buyer admits that these Terms of Sale have been given to him in a valid way by MSC BIKES, S.L. before the formalization of the selling transaction. Ordering to MSC BIKES, S.L. supposes the full approval without reservations by the Buyer, and the validity of each and every term of these Terms of Sale.
Buyers will be able to order by the webpage: https://www.mscbikes.com, always following the procedure established to that effect by MSC Bikes, S.L.
An order will only be considered firm if this one is expressly accepted by MSC Bikes, S.L. by sending the corresponding confirmation of the order which will contain all the terms of the selling transaction. It will be sent to the Buyer by e-mail or by the way that MSC Bikes, S.L. determines in every case. Both parts will remain linked from that moment.
In the case in which MSC Bikes, S.L. had reported erroneously the availability of a bicycle, the buyer will be able to choose to request the return of the full amount or to wait for the arrival with delay of the product.
On his behalf, the Buyer will have the right of cancellation and / or modification of the order, as long as it is notified to MSC Bikes, S.L. before the order has entered in the sending stage.
The orders will be delivered to the extent possible in the convened dates. The delivery dates stipulated by MSC Bikes, S.L. will always be approximated, without prejudice to MSC Bikes, S.L. which will do everything possible in order to meet the dates requested by the Buyer when sending and receiving the products.
The delivery of the goods remains subordinated to the effective supply availability of MSC Bikes, S.L. As long as there is availability of bicycles, MSC Bikes, S.L. will supply them within 7-14 days (as long as all the necessary material for the assembly of the bike is available) from the formalization of the order.
In any case in which the buyer request a bicycle customization, the delivery margin will be extended to 6-8 weeks.
The requested goods will be considered as received by the Buyer when its delivery is confirmed in the destiny places pointed out in each order. Any delay in the delivery of the goods will be communicated to MSC Bikes, S.L. by the Buyer as soon as possible.
Collection in MSC Bikes, S.L. facilities.
Collection in a bicycles shop. As soon as it has been notified before to MSC Bikes, S.L. and the shop has approved it.
Goods are sent at the expense and risk of MSC Bikes, S.L. The risk is assumed by MSC Bikes, S.L. until goods are in the hands of the Buyer or until they are delivered on the requested shop by the Buyer, once he has choose the third way of product delivery.
MSC Bikes, S.L. assumes the expenses of goods transport, as soon as the shipment is made inside the Iberian Peninsula territory; independently of goods price. For the rest of shipments, MSC Bikes, S.L. will calculate shipping fees and will inform the Buyer properly about the amount.
Goods are carefully inspected before they are packaged and delivered by MSC Bikes, S.L. to the transport agency. If there is something missing or broken in the goods received during their shipment it will be at the expense of the transport agency. The Buyer must inform the fact, between 24 hours and written, to MSC Bikes, S.L., before the reception of the order or he must accept it with reserves.
Transport agency will respond of any delay, damage or loss of the goods which can be attributed to it, unless in the case of acts of nature or force majeure.
In any case and to all effects, goods will be considered received and accepted by the Buyer once he has begun to use them.
Applied prices will be those current in the moment of the purchase, according to the rate established by MSC Bikes, S.L. Published prices include VAT. MSC Bikes, S.L. will be able to modify rates in any moment, making it public by the web. The modification of prices will not affect those orders waiting for delivery, to which will be applicable the current prices in the date of ordering.
The Buyer will be able to pay the transaction by bank transfer or credit card.
All shipments are insured during the transport period. It is very important to examine possible damages in the package when receiving it. Any damage must be communicated to the transport agency which has made the delivery in less than 24 hours.
If the Buyer receives a bicycle in bad conditions, he must send the pertinent form as soon as possible. The Buyer will receive a confirmation of the reception of the message that has been sent, informing us of the damages. MSC Bikes, S.L. will verify it and will inform the buyer in order to process the return.
MSC Bikes, S.L. does only accept changes or returns of new bicycles between the period of two weeks from the date of purchase invoice. Bicycle must be brand new and it must be returned in the original packaging.
If the buyer returns a bicycle because he does not want it, the amount will not be returned until the bicycle arrives to our facilities and until we have verified that it is in perfect condition. Depending on the reason of return or change, the client will have to assume the return expenses and/or possible damages or flaws.
Out of the restructuring assumption by the lack of compliance of goods, any reclamation of damages formulated by the Buyer facing MSC Bikes, S.L. by the breach of the contractual obligations of MSC Bikes, S.L., will be expressly excluded when there is not gross negligence or wilful misconduct. The responsibility of MSC Bikes, S.L. will be limited to the products purchase value. In any case, MSC Bikes, S.L. will respond face to the Buyer for neither lucrum cessans, loss of incomes, inactivity expenses nor any loss that the Buyer could suffer from the not delivery or the faulty delivery of goods.
Relations between both parts are regulated by Spanish Laws.
The Buyer and MSC Bikes, S.L. are expressly and officially subjected, for any question derived from the compliance and execution of the commercial relation, to the Court and Magistrates Court of Barcelona, with the expressly resignation of the buyer’s own jurisdiction in the case of being another one.