General shopping terms

The agreement set out below governs the contracting of products and services via the website www.orbea.com, managed by ORBEA DISTRIBUCION ONLINE, S.L, (hereinafter called the Provider) a company which belongs to ORBEA S. COOP. LTDA.

These conditions govern the relationship between ORBEA DISTRIBUCION ONLINE, S.L. and registered users for the use of and contracting of products and services via the online store on the website www.orbea.com.

You are hereby informed that in compliance with the provisions of Article 27 of Law 34/2002 regarding Information Society Services and Electronic Commerce, ORBEA DISTRIBUCIÓN ONLINE, S.L. has reached an agreement with MODUSLINK B.V., a company which provides global supply chain and ecommerce services, together with, in the frame of said agreement, tax and regulatory compliance, as well as fraud protection to ensure secure transactions, all in accordance with GDPR law. MODUSLINK B.V. will be selling and therefore billing any product article purchased in the following countries: Spain, France, Deutschland, The Netherlands, Italy, Ireland, Belgium, Denmark, Portugal, Austria and Sweden.

In order to access and understand all information related to the terms and conditions of MODUSLINK B.V., we encourage you to consult the following link.

Acceptance of the following document means that the user:

Has read, understands and comprehends the contents set out here.
Is someone who has sufficient authority to enter into contracts.
Accepts all the obligations set out herein.

The present conditions will be effective for an indefinite term and will apply to all contracts entered into through this website.

By accessing this website (www.orbea.com) you accept and undertake to observe and comply strictly with the provisions set out here and with any other provision of law that may be applicable. By browsing this website, you, the user, expressly accept and indicate that you understand these conditions and any changes made to same.

The service provider reserves the right to make such changes to this website as it may deem appropriate without prior notice, and may delete or add to the content and services provided and change the way in which they are presented or located. Given that these terms and conditions are subject to change; you are advised to check them each time that you access the website.

For more information on the terms and conditions of use and on our privacy policy, see the section “Disclaimer and Terms & Conditions of Use”.

Any words which may have different meanings are to be understood in the meaning most closely suited to the nature and purpose of this agreement. The language of reference for the purposes of this agreement is that in which the online purchasing process takes place. This agreement was drawn up originally in Spanish and translated into other languages. In any discrepancy between the translated versions and the original in Spanish the latter will prevail.

The website comprises the texts, graphics, images, videos, audio, sketches, photographs and software included thereon, regardless of whether or not they are subject to intellectual property rights.

Website access

Access to and use by users of this website implies no obligation regarding the quality and speed of access on the part of its owner, which may modify the conditions for access or suspend access to the website as a whole or any part of it, or suspend the provision of goods and services through the website without prior notice. The website owner accepts no liability for any consequences or damages resulting from the modification of said access or suspension of the website.

Users are responsible for having the hardware and software needed to make purchases on the website. The website owner may not be held liable for the functioning thereof, for consequences derived from them, or for the rights or licenses required for their use.

The website owner also accepts no liability for any anomaly, malfunction, damage or deletion of data or software that may occur in the equipment or systems of users as the direct or indirect consequence of access or attempted access to the website.

The service provided by the website owner through the website is for an indefinite period, notwithstanding its entitlement to suspend or cancel said website without prior notice.

Intellectual and industrial property rights

All contents of the present website, including, but not limited to the texts, graphics, images, design and such intellectual property rights as may correspond to said contents, as well as all brands, trade names or any other distinctive sign, are the property of the website owner or their lawful owners, and all rights are reserved in this regard. All website contents are duly protected by the regulations governing intellectual and industrial property rights, and are registered in the corresponding public registries.

Furthermore, all the models on this website, including those created via the MyO customization tool, are the intellectual property of Orbea, which reserves the right to use and modify them.

Any act involving the reproduction of the content in whole or in part, in any form or on any medium, whether mechanical, electronic, photocopying or otherwise, is prohibited, as is any other act of dissemination, public communication or distribution without the prior written authorization of the website owner or the lawful owner of the content in question. Any other use not previously authorized by the service provider will be considered a serious violation of its intellectual or industrial property rights.

The service provider accepts no liability for any damages that might result from the use of the content by persons who access the website or any violation by such persons of any provision of law in force.

Any comment on potential violations of intellectual or industrial property rights or on any of the website content may be posted by email to the following address: [email protected].

Contract procedure

Contracting may take place in English.

To contract the services and/or products offered on this website, you must register here as a user and create an account at orbea.com.

You must only register once. Our website is a consumer orientated website, so you must register as a person and not as a company. To do so, you will need an e-mail address and a personal password.

Only users over 18 years of age may enter into contracts and place orders. If this is not the case, the parents or legal guardians of persons below the aforementioned age will be liable for any orders placed by them.

To create a user account, you must freely and voluntarily provide the required personal information and must accept these general contract terms and conditions. Registration on the website enables you to access certain restricted, user-only areas, use certain services and purchase products that will be offered through the present website.

You must select a user name (your email address) and a password, and undertake to make proper use of them and not allow third parties to use them. Likewise, you must notify the service provider if they are lost, stolen or may have been accessed by an unauthorized third party so that they can be immediately blocked.

You undertake to ensure the confidentiality of your user name (your email address) and password. The service provider is exempt from any liability arising from incorrect or negligent use by users in breach of their confidentiality obligation.

You are free to change your password via the procedures set in place for that purpose. The old password being replaced will be canceled as a means of identification as soon as the new one is generated.

The service provider reserves the right to block or cancel access for any user who owes it a debt or unpaid balance, and any user who engages in fraudulent acts or acts in bad faith in regard to the service provided through the website. Access to and use of the website may also be blocked when the service provider deems it necessary for security reasons.

The service provider may hold liable users who misuse the website or cause damage to others, and for any viruses, malware or computer programs that may be introduced into, generated or housed on the website that damage or may damage the contents or the correct operation of the website or equipment, systems and programs belonging to website users and/or third parties and/or the service provider itself.

The service provider may act against users in regard to any complaints, claims for compensation, fines or administrative sanctions that it receives for which users are directly or indirectly liable.

Orbea, as the owner of the website, is strongly committed to complying with regulations on personal data protection and assures full compliance with the obligations set out therein. Taking into account the nature, scope, context and purposes of the data processing and the risks with differing degrees of likelihood and seriousness for the rights and freedoms of individuals, Orbea will apply appropriate technical and organizational measures to assure and demonstrate that data processing complies with EU Regulation 2016/679 of the European Parliament and Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Said measures will be reviewed and updated by Orbea as necessary. All this is without prejudice to the fact, which users expressly accept, that Internet security measures are not infallible.

In line with regulations on the protection of personal data, ORBEA S COOP LTDA and ORBEA DISTRIBUCION ONLINE, S.L. will process the information provided by data subjects for the purpose of managing the purchase made. In order to offer you products and services matched to your interests and to improve your user experience, we will draw up a “commercial profile” based on the information that you provide. No automated decisions will be made based on this profile. Users expressly authorize ORBEA S. COOP., LTDA. and ORBEA DISTRIBUCION ONLINE, S.L. to disclose their data for the purposes set out above to such parties as transport or logistics operators whose participation is necessary to complete the product purchase process, and to members of their group for the aforesaid purposes.

Users may exercise their rights of access, rectification, deletion and objection in regard to their data by sending a written request along with a copy of their identity card or any other document serving the same purpose, to the headquarters of ORBEA S. COOP., LTDA. in Mallabia (Bizkaia) at Polígono Goitondo s/n, or by e-mailing the company at the following address: [email protected].

We want to remark to you that in compliance with the provisions of Article 27 of Law 34/2002 regarding Information Society Services and Electronic Commerce, ORBEA DISTRIBUCIÓN ONLINE, S.L. has reached an agreement with MODUSLINK B.V., a company which provides global supply chain and ecommerce services, together with, in the frame of said agreement, tax and regulatory compliance, as well as fraud protection to ensure secure transactions, all in accordance with GDPR law. MODUSLINK B.V. will be selling and therefore billing any product article purchased in the following countries: Spain, France, Deutschland, The Netherlands, Italy, Ireland, Belgium, Denmark, Portugal, Austria and Sweden.

In order to access and understand all information related to the terms and conditions of MODUSLINK B.V., we encourage you to consult the following Link.

Purchasing process

Once you have selected an item, just specify size and color and click on "Add to Basket". To delete or edit items in your basket, just click on the "Delete" or "Edit" links.
After you have added the item to your basket you can choose to continue shopping and add more items by clicking on "Continue Shopping" or go on to complete your purchase by clicking on "Place Order".
Just follow the steps indicated and complete the information requested. Fields marked with an asterisk are compulsory.
If all the items in your basket have a home delivery option you can have your order delivered to your home address or to a C&C point.
Once you have filled in the personal details required for the order, you can pay online by Credit Card or PayPal.
We will then send you a confirmation email as soon as your order has been placed, with full details of your purchase.

On Orbea.com, you can always access your invoice as an individual consumer. As soon as the order is shipped to the indicated address, you will receive an email with the invoice attached. The invoice will be billed by MODUSLINK B.V. and the charge may appear on your statement as “Orbea via ModusLink”.

Once you have completed your purchase, you can access the order summary by clicking on the "ORDERS" section. There, you will be able to manage your unified return/withdrawal request through the interactive electronic system and view the following information:

Order number
Order date
Order status
Delivery date
Price

Order delivery

All the products on our website include the option for home delivery and point-of-sale collection, except bicycles and batteries.

If you have requested in-store pickup, please remember that you will need to present the following documents:

A copy of the purchase confirmation.
Your personal identification document. In case you are unable to pick it up yourself, in addition to presenting the aforementioned documents, you must sign an authorization for another person to do so on your behalf.

If the product that you wish to purchase is a bike, you must collect it from an Orbea store. If it is not a bike, you can have it delivered to whatever address you wish. In the latter case the service provider assumes no liability for any failure to deliver the product as a result of you, the user, providing false, inaccurate or incomplete data or when the delivery cannot be made for reasons not attributable to the shipping company.

The service provider accepts no liability should a product not be delivered because the data provided by the User proves to be false, inaccurate or incomplete or because of reasons not attributable to the shipping company.

The service provider has taken all the measures required of a diligent retailer (DHL and Fedex) to ensure that the product is delivered at the agreed time and, if this is not possible, as soon as possible, and therefore accepts no liability in this regard.

You can check the estimated delivery date under ORDERS in MY ACCOUNT.

Deliveries may take longer than usual and certain delivery destinations such as the United Kingdom could see further restrictions due to international delivery. Additionally, please note that when ordering from Orbea.com all shipments are subject to import duties and taxes, which Orbea will cover, in accordance with current export regulations.

We will inform you of any delay in the delivery of your order. However, to the extent permitted by law, we accept no liability for any losses, costs, damages or charges associated with said delay.

Item availability

All orders are subject to item availability. If any incidents occur in the supply or if the product is unavailable, you will be informed as soon as possible, and may then change or cancel your order.

Price and offer validity period

The prices indicated for each product include the corresponding Value Added Tax (VAT) applicable in your country and are shown in Euros (€). Unless expressly indicated otherwise, the price of the product does not include shipping costs. Shipping costs will be added in the purchase summary, before payment is made.

The prices shown on this website do not include customs fees, taxes or duties. The orders placed may be subject to customs duties and/or taxes and import charges, depending on the buyer's country and the destination of the merchandise requested by the user; these will be payable once the shipment reaches the country of destination. Users hold sole liability for any additional fees associated with customs clearance; the service provider has no control over such charges; nor can it predict them or how much they will be.

The prices applicable to each product will be those posted on the website. They will be automatically applied during the final phase of the contracting process. The service provider reserves the right to modify the prices shown on the present website without prior notice. In the case of any error in the price applied, we will notify you as soon as possible and you will have the option to confirm your order at the correct price or to cancel it. If we are not able to notify you of this error, the order will be considered canceled and you will receive a full refund for the amounts paid. In no case is the service provider obligated to supply the product(s) at a lower, incorrect price (even if the user has already received the Shipping Confirmation).

In order to access and understand all information related to the terms and conditions of MODUSLINK B.V., we encourage you to consult the following Link.

Your credit card or other payment instrument will be billed by MODUSLINK B.V. and the charge may appear on your statement as “Orbea via ModusLink”.

For any information about the order, you, the user, should contact customer service at +34 900 670 018 or send an email to [email protected]. In the message subject line or by telephone, please indicate the order number assigned and the email address for the purchase confirmation.

Cancellations, Right of Withdrawal and Returns

Order Cancellation

You have the right to cancel one or more items included in your order up until the moment they are shipped. Select the items you wish to cancel by checking the Cancel item box and then click Accept to confirm the cancellation. Once the cancellation process has been completed, we will refund the purchase price within 4 to 7 days using the same payment method originally used.

As our service provider, cancellation refunds will be processed by MODUSLINK B.V., a company providing global supply chain and e-commerce services. Under this agreement, MODUSLINK B.V. carries out tax and regulatory compliance, as well as fraud prevention measures to ensure secure transactions, all in accordance with the GDPR. MODUSLINK B.V. will act as the seller of record and will therefore invoice all items purchased in the following countries: Spain, France, Germany, the Netherlands, Italy, Ireland, Belgium, Denmark, Portugal, Austria and Sweden.

To access and review the full MODUSLINK B.V. Terms and Conditions, please refer to the following Link.

Returns and Right of Withdrawal

If you wish to exchange an item for a different size or colour, you must return the original item and place a new order.

In accordance with European consumer legislation, you have the statutory right to withdraw from your purchase within 14 calendar days from the date on which you (or a third party designated by you) take physical possession of the goods. Our commercial returns policy is fully integrated into this same legal withdrawal process.

Items purchased as part of a promotional bundle, fixed package, or qualifying promotion that included a free gift based on purchase volume or minimum order value are subject to the special offer recalculation conditions described in our Promotions and Gifts Policy. In the event of a partial withdrawal, this may result in the adjustment of standard retail prices or the return of the promotional gift.

You may return the product within 14 calendar days of receiving it. To qualify for a full refund, the product must only have been handled to the extent necessary to establish its nature, characteristics and proper fit, as would be permitted during a normal inspection in a physical retail store (without signs of road use or significant wear, and retaining, where possible, its original tags and protective packaging). If the product has depreciated in value due to excessive handling or use, Orbea reserves the legal right to deduct the resulting loss in value from the refund amount or to reject the return.

Please note that, in accordance with Article 103(c) of the Spanish General Consumer Protection Act implementing the relevant EU Directive, orders for goods that have been clearly personalised or manufactured according to your specifications (such as made-to-order configured bicycles) are excluded from the statutory right of withdrawal and cannot be returned. The direct cost of returning the goods (reverse logistics) shall be borne by the end customer.

To return a product or exercise your right of withdrawal, please follow the instructions below according to your delivery method.

Orders Collected in Store

Go to My Account > Orders, select the items you wish to return, and confirm by clicking the unified Return / Withdraw Purchase button. The reason for return form is entirely optional.
Both you and the store will receive an automatic confirmation email containing your return authorisation number, which serves as legal acknowledgement of receipt.
Bring the product to the store where you collected it.
The store will inspect the product and process the refund within 4–7 days, using the original payment method and including the original standard delivery charges (except in cases of partial withdrawal where part of the original order is retained).

Home Delivery Orders

Go to My Account > Orders, select the items you wish to return, and confirm by clicking the unified Return / Withdraw Purchase button. The reason for return form is entirely optional.
You will receive an automatic confirmation email serving as legal acknowledgement of receipt. It will include your return authorisation number and a shipping label showing the return address, which must be clearly affixed to the outside of the package.
Once we receive the product and confirm its condition (or once you provide satisfactory proof that the goods have been returned), we will issue your refund using the same payment method used for the original purchase. The refund will include both the value of the returned products and the standard delivery charges paid on the original order (except in the case of a partial withdrawal, where the original outbound delivery costs will not be refunded). The refund may take 4 to 7 days to appear in your account.

Products Damaged During Transport

If, upon receiving your order, you notice that the packaging has been damaged, please record this on the carrier's delivery note (for example, "packaging damaged") and refuse the delivery by returning the unopened package to the carrier. Then immediately report the issue to our Customer Service team by calling +34 900 670 018 or emailing [email protected].

Incorrect Items Received

If you receive an item you did not order, please email [email protected] or call +34 900 670 018.

Product Exchanges

Products may only be returned in exchange for a refund. If you require a different size or colour, or wish to purchase alternative products, you must place a new order.

Returns and Cancellation Policy for Customised Products

For selected models, Orbea offers the option to customise the bicycle's colours, components and ergonomic specifications.

Due to the bespoke nature of these configurations, returns and cancellations cannot be accepted once the purchase has been confirmed, except in the event of a manufacturing defect.

For any enquiries regarding returns or cancellations of customised Orbea models purchased through www.orbea.com, please call +34 902 042 929 or email [email protected].

Links

The service provider accepts no liability whatsoever for any external links to websites belonging to third parties which may appear on the website or for the information that they contain. Users access such content under their exclusive responsibility and according to the conditions of use that govern them.

The service provider reserves the right to remove any link as soon as it becomes aware that the nature of its content is unlawful or that the link may be harmful to the property or rights of any third party.

It is prohibited to use the website contents to promote, contract or distribute your own advertising or information or that of any third party without the authorization of the service provider, and to send out advertising or information using the services or information made available to users, regardless of whether its use is free or not.

Any links or hyperlinks to this website included by third parties on their own websites must open the full website and may not directly or indirectly make any false, inaccurate or confusing statements or engage in any unfair or unlawful actions against the service provider.

The service provider accepts no liability for the reliability and speed of hyperlinks included on the website that open other sites The service provider does not guarantee the usefulness of these links, nor does it accept any liability for the contents or services that users can access through them or for the proper working of such websites.

Right Of Withdrawal

ORBEA DISTRIBUCIÓN ONLINE S.L. guarantees the Customer's statutory right of withdrawal through the unified interactive function available in the Customer's private account under the "Return / Withdraw Purchase" button, which processes the request through a transparent two-step procedure. Alternatively, the Customer may exercise the right of withdrawal by sending written notice via email to ORBEA at [email protected], provided this is done within a maximum period of fourteen (14) calendar days from the date on which the product is physically received.

The refund will include the full purchase price, including the original standard delivery costs (excluding any additional costs arising from the Customer's choice of an express delivery service or a delivery method other than the least expensive standard delivery option offered by us). In the event of a partial withdrawal from an order containing multiple items where the Customer retains part of the order, the original outbound shipping costs will not be refunded, as they are charged as a flat shipping fee. The direct costs of returning the goods (return shipping) shall be borne by the Customer.

The Customer shall return the goods subject to withdrawal without undue delay and, in any event, no later than fourteen (14) calendar days from the date on which the Customer notifies ORBEA DISTRIBUCIÓN ONLINE S.L. of the decision to withdraw. The corresponding refund shall be made within fourteen (14) calendar days from the date on which the decision to withdraw from the contract has been effectively and unequivocally communicated. Notwithstanding the foregoing, ORBEA DISTRIBUCIÓN ONLINE S.L. may legitimately withhold the refund until it has received the returned goods or until the Customer has provided satisfactory evidence that the goods have been returned, whichever occurs first.

The Customer shall be liable for any diminished value of the product resulting from handling other than that necessary to establish its nature, characteristics or functioning. For standard returns processing, Customers are kindly requested to ensure that the item is adequately protected and returned together with its original labels and packaging whenever possible.

ALTERNATIVE MODEL WITHDRAWAL FORM

(Only complete and send by email if you do not wish to use the automated online withdrawal function.)

To: ORBEA DISTRIBUCIÓN ONLINE S.L. (Pol. Industrial Goitondo s/n, 48269 Mallabia, Bizkaia, Spain – [email protected])
I hereby give notice that I withdraw from my contract of sale for the following goods: [Insert description of the item]
Ordered on / Received on: [Insert dates]
Consumer's name and address: [Insert details]
Signature (only if this form is submitted on paper) and Date.

Legislation applicable

These General Terms and Conditions are governed by Spanish law.

In general, any litigation arising from this agreement will be heard by the courts and tribunals of Bilbao. If the Customer is classed as a consumer, litigation will be heard by the courts and tribunals deemed competent under the consumer regulations in force at the relevant time.

If the Customer qualifies as a consumer and considering that MODUSLINK B.V. is the company selling and therefore issuing invoices for all items and products purchased through orbea.com under the agreement reached, these General Conditions—and consequently all purchases made under them—shall be governed by the laws of the Czech Republic, without prejudice to any conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The European Commission provides an online dispute resolution platform, which offers the possibility of resolving disputes related to your online order without having to resort to the courts. The platform is available at the following address:https://consumer-redress.ec.europa.eu/index_en