These conditions will govern the relationship between Orbea Distribuciones Online, S.L. and registered users for the use of the online store found on the website www.orbea.com for the contracting of products and services through it.
The acceptance of this document means that the user:
Has read, understands and comprehends the contents set out here.
Is someone who has sufficient capacity to enter into contracts.
Accepts all the obligations set out herein.
The present conditions will be effective for an indefinite period of time and will apply to all contracts entered into through this website.
Orbea Distribuciones Online, S.L. (hereinafter, the service provider) reserves the right to unilaterally modify the present conditions with no advance notice, without this affecting the goods or promotions that were acquired prior to the modification. Given that the present conditions may undergo changes, you should read them before making any purchase on this website.
Users who access and purchase products through this website know and accept the general conditions set out herein, as well as any modifications that may be made, which they must regularly consult to find out about said changes.
For the purpose of guaranteeing the rights of users and consumers, these General Conditions are set forth in accordance with Spanish law, in particular, with Law 7/98, of 13 April, on the General Terms of Purchase, Law 7/96, of 15 January, on the Organization of Retail Trade, the Civil Code, Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Users and Consumers, and other relevant laws and related implementing regulations.
Words that may have different meanings are to be understood according to that meaning which is closest to the nature and purpose of the contract. The language of reference for the purposes of the contract will be that used during the purchasing process on the website. The present conditions were originally written in Spanish and may appear translated into other languages. In the case of any dispute between the translated versions and the original Spanish version, the Spanish version shall take precedence.
The website consists of the texts, graphics, images, videos, sounds, illustrations, photographs and software included on it, regardless of whether they are subject to protection as intellectual property.
Access and use by users of this website implies no obligation regarding the quality and speed of access by 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 the goods and services provided through the website with no advance notice. The website owner accepts no responsibility for the 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 shall not be held responsible for their functioning or consequences derived from them, or for the rights or licenses required for their use.
The website owner also accepts no responsibility for any anomaly, malfunction, damage, the deletion of data or software that occurs with regard to the users' equipment or systems 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 of time, notwithstanding its ability to suspend or cancel said website with no advance notice.
All contents of the present website, including, but not limited to the texts, graphics, images, its design and the intellectual property rights that might correspond to said contents, as well as all the brands, trade names or any other distinctive sign, are the property of the website owner or their legitimate owners, and all rights are reserved in this regard. All website contents are duly protected by intellectual and industrial property regulations, and are registered in the corresponding public registries.
Any act involving the reproduction of the contents, in whole or in part, in any form or medium, whether mechanical, electronic, photocopying or by other means, is prohibited, as is any other act of dissemination, public communication or distribution, without the prior written authorization of the website owner or their legitimate owners. Any other use that has not been previously authorized by the service provider shall be considered a serious violation of the author's intellectual or industrial property rights.
Access to this website does not grant the users any right to or ownership of the intellectual or industrial property rights or to the contents hosted on the website.
The website owner accepts no responsibility for any damages that might result from the use of the contents by the users or the users' violation of any legal provision in force.
For any type of comment on a possible violation of intellectual or industrial property rights or concerning any of the website contents, we request that you write to use at the following email address: firstname.lastname@example.org
The contract procedure may be carried out in English.
In order to contract the services and/or products offered on the present website, users must register on this website by creating an account at orbea.com.
Only users over 18 years of age can enter into contracts and place orders. If this is not the case, the parents or legal guardians of minors younger than the aforementioned age will be responsible for any orders placed by them.
To create a user account, you must freely and voluntarily provide the required personal information and you must accept the present general contract conditions. Registration on the website means being able to access certain areas with restricted access for users. Likewise, you will be able to use certain services and purchase products that will be offered through the present website.
Users must select a user name (their email address) and a password, undertaking to make diligent use of them and not make them available to third parties. Likewise, they must notify the service provider if they are lost, stolen or possibly accessed by an unauthorized third party so that the latter can be immediately blocked.
Users undertake to ensure the confidentiality of their user name (their email address) and password. The service provider is exempt from any responsibility derived from the incorrect or negligent use by users, in fulfillment of their confidentiality obligation.
The password may be freely changed by the user, according to the procedures established for this 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 to any user who owes it a debt or unpaid balance, as well as to users who engage in fraudulent acts or those in bad faith in association with the service provided through the website. Access and use of the website may also be blocked when the service provider deems it necessary for security reasons.
The service provider may hold users responsible who misuse the website or cause damage to others, as well as for any possible viruses, malware or computer programs that may be introduced, generated or housed on the website that damage or may potentially damage either the contents or the correct operation of the website or the equipment, systems and programs belonging to website users and/or third parties and/or the service provider itself.
The service provider may pass on to the users any complaints, claims for restitution, fines or administrative sanctions that it receives that are the direct or indirect responsibility of the users.
The service provider maintains the levels of security for the protection of personal information that are required by current legislation, and specifically, according to the provisions of the implementing Regulations of Organic Law 15/1999. Accordingly, it has taken all the technical means available to it to prevent the loss, misuse, alteration, unauthorized access and theft of the data the users provide to the service provider. All this is without prejudice to the fact that users expressly accept the fact that Internet security measures are not infallible.
In accordance with the personal data protection regulations, we hereby inform you that the data you voluntarily provide during the user registration process will be added to an automated file duly registered under the ownership of ORBEA S. COOP., LTDA. for the purpose of being able to identify you, carry out all the procedures necessary to complete the purchasing process for the selected product and to inform you, by any means, including email, about offers for products and services offered by ORBEA and ORBEA DISTRIBUCION ONLINE . By completing the corresponding forms, Customers authorize the processing of their data for the specified purposes. Users expressly authorize ORBEA S. COOP., LTDA. and ORBEA DISTRIBUCION ONLINE, S.L. to communicate their data for the purposes set out above to those entities, such as those in charge of transport or logistics, whose participation is necessary to complete the product purchase process, and to those entities in its own group for the previously indicated purposes.
Users may exercise their rights to access, rectify, cancel and oppose their data by written request sent for this purpose, along with a copy of their identification document or any other similar document, to the address of the headquarters of ORBEA S. COOP., LTDA. in Mallabia (Bizkaia), Poligono Goitondo s/n, or by email to the email address: …….
Once the user account has been created, you are hereby informed that in compliance with the provisions of Article 27 of Law 34/2002 regarding Information Society Services and Electronic Commerce, the contract procedure, which will be provided by the company FINETRADE, with whom the service provider has reached an exclusive commercial agreement for the online sales channel for the products it markets, will follow these steps:
Choose the product you are interested in.
Select the product and add the item to your shopping cart. Next, you can continue to shop or process the order.
Once you have made all your selections, you must fill in your information in order to process the order, if you have not already done so.
Next, you must indicate the dealer to whom you want us to send your purchase (or another shipping address, if this is possible) and a series of information necessary for the proper management of your order.
Select the payment method from among those available at the time.
Confirm your order.
We will then send you a confirmation email as soon as your order has been placed; it will contain all the details related to your purchase.
Once the chosen products have been added to the shopping cart, users can access the purchase summary by clicking on the “Orders” section, where the following information is provided:
Total price of the purchase.
Option to enter a discount code.
Orders will be delivered to the ORBEA store freely designated by the buyer or, when appropriate, to the shipping address provided by the buyer, in the case that it is possible to deliver the type of product purchased to an address other than an ORBEA CLICK&COLLECT DELIVERY POINT. Accordingly, the service provider accepts no responsibility whatsoever if the product is not delivered as the result of the information provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company.
The service provider has taken all the measures required of a diligent retailer to ensure that the product is delivered at the agreed time, and if this is not possible, as soon as possible; therefore, the service provider accepts no responsibility in this regard.
Buyers may consult the estimated delivery date of their items in their private user area on this website. The estimated delivery time will be less than 30 days. In the event that it will take longer than this, the service provider will inform the buyer of the new delivery date.
We will inform you about any delay in the delivery of your order. However, to the extent permitted by law, we accept no responsibility for the losses, costs, damages or charges associated with said delay.
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, at which time you may change your order or cancel it.
The prices indicated for each product include the corresponding Value Added Tax (VAT) and are always 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 charged once the shipment reaches the country of destination. Users are the only parties responsible for any additional fees associated with customs clearance; the service provider has no control over these 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 last phase of the contract process. The service provider reserves the right to modify the prices shown on the present website with no advance 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 be refunded the entire amounts that have been paid. In no case shall the service provider be obligated to supply the product(s) at a lower incorrect price (even if the user has already received the Shipping Confirmation).
All payments made will entail the issuance of an invoice in the name of the registered user.
For any information about the order, users must contact customer service at 902 042 929 or send an email to email@example.com. In the message subject line or by telephone, indicate the order number assigned and the email address for the purchase confirmation.
The return conditions will vary depending on whether the website user has picked up the product from an Orbea store or received it at home.
a) If the order was picked up from an Orbea store:
You may return the product within a period of 15 calendar days from the date the item was delivered to you at the store. To return the product, it must be in the same condition as when it was delivered to you, unused and with its original packaging and labels. If you wish to return it, you must deliver the product to the dealer where you picked it up. Once it has been verified that it is in proper condition, the return will be processed. Once we receive the product and confirm the condition of the product, the refund will be issued by the same means in which the purchase was made, minus the shipping costs associated with the return.
b) If your order was delivered to your home
You may return the product within a period of 15 calendar days from the date the item was delivered to you.
To return the product, it must be in the same condition as when it was delivered to you, unused and with its original packaging and labels. If you wish to return the product, it must be sent to the address that is found on the inside of the package, along with the completed return form (this process is only valid for purchases with home delivery).
If you have lost the form, you can download it here.
Returns will only be accepted for which shipping has been paid, since in the case of a return, the user is responsible for the direct costs of returning the products.
If the consumer or user has expressly selected a delivery mode that is different from the least expensive mode of ordinary delivery, the service provider will not be obligated to reimburse the additional costs associated with this.
Once the service provider has received the product and confirmed its condition, the refund will be issued by the same means used to pay for the purchase.
If you receive an item you have not ordered by mistake, please send an email to firstname.lastname@example.org or call 902 042 929.
Exchanging a product
Products can only be returned in exchange for a refund. If you need a different size or color, or to acquire alternative products, you must place a new order.
Conditions for returning customized products
For some models, Orbea offers you the possibility to select the bicycle components so that you can customize your bike according to your needs and tastes.
The exclusive customization of this bicycle means that we cannot accept any returns, except in the case of manufacturing defects.
For any questions about returning Orbea customized models purchased at www.orbea.com, you can contact the point of sale where you picked up the product or call us at 902 042 929 (Monday - Thursday, 8:00 am to 1:30 pm and 2:30 pm to 5:00 pm; Friday, 8:00 am to 2:00 pm); you can also send an email to email@example.com.
The service provider accepts no responsibility whatsoever for any external links to websites belonging to third parties or for the information that they contain, which might be included on the website. Users thus access the 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 obtains knowledge of the illicit nature of its content or that the link can damage the property or rights of any third party.
It is prohibited to use the website contents to promote, contract or distribute advertising or your own information or that of any third party without the authorization of the service provider, or to send out advertising or information using the services or information made available to users, regardless of whether its use is free or not.
The links or hyperlinks that third parties include on their websites that redirect to this website must open the full website and may not express, directly or indirectly, any false, inaccurate or confusing statements or engage in any unfair or illicit actions against the service provider.
The service provider accepts no responsibility for the reliability and speed of the hyperlinks that are added to the website that open to others. The service provider does not guarantee the usefulness of these links, nor does it accept any responsibility for the contents or services that users can access through these links, or for the proper functioning of these websites.
The following Payment Terms and Conditions apply in respect of all relations between a) us, meaning fine trade gmbh with registered office in Austria, Am Garnmarkt 4, 6840 Götzis, registered with Firmenbuchnummer FN 359644 p Landesgericht Feldkirch (‘we’ or ‘us’) and b) you the consumer acting in your capacity as a customer and not for purposes of a trade, business or profession (the “Terms”).
We amongst other things carry out payment processing and payment solutions for and on behalf of third party suppliers with regards to their product(s) and services. We therefore enable you to make payments to and ac-cept payments from such third party suppliers. We are an independent contractor for all purposes.
For the purposes of these Terms you will have placed an online order from a Supplier via their website or app store to purchase their product(s) or service(s) (the “Sup-plier”) and thereby activated our payment services to effect your payment for such product(s) and/or service(s) (the “Payment Services”).
Below we set out the Terms of our payment processing of your order and also other terms that will apply in the absence of such terms under your agreement with the Supplier.
In the event of any conflict between these Terms and the terms of the Supplier the terms of the Supplier will take precedence.
1. Completion of the online checkout process does not constitute an acceptance of your offer to purchase product(s) or services from the Supplier. The Supplier’s acceptance of your order will be as set out on the Supplier’s website for acceptance of an order.
2. We will notify you by email as soon as possible to acknowledge that your order has been received.
3. Invoices, credit notes, cancellations and reminders are in principle sent by email. You must inform the Supplier and/or us (as applicable) immediately of any change to your email address and ensure that such email address is used and you agree that all information which is to be made available to you pursuant to applicable law is sent to you by email.
4. If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, we have the right to stop or cease to fulfil the payment of the order at any time, including after despatch of product(s) and/or notification to you from the Supplier that the order has been received and is being processed. You acknowledge that we shall incur no liability in such circumstances.
5. The Supplier will set out on the Supplier’s website or app store when transfer of the title of the product(s) will pass to you and until such time all product(s) ordered will remain the property of the Supplier.
6. If your payment is not received and you have already received the product(s) and/or service(s) you ordered from the Supplier, you must pay for such product(s) and/or service(s) or return those product(s) to the Supplier in accordance with their return instructions and in the same condition that you received them at your own expense unless the Supplier has expressly agreed to cover such costs. We reserve the right to charge you for any and all damage to (or other adverse interference with) any product(s) that are the subject of an unpaid order.
1. The prices specified for the product(s) and/or service(s) will be determined by the Supplier on the Supplier’s website or app store and it will state if the price includes or excludes taxes.
2. Where shipment is required the price may exclude any transport insurance, shipping costs and additional associated charges but which sums should be made known to you by the Supplier before you conclude the ordering process.
3. You can pay for the product(s) or service(s) via any method of payment offered to you at time of purchase from the Supplier. We reserve the right to exclude some methods of payment or to attach certain restrictions or conditions to them.
4. Any payment by credit card is only available to consumers aged 18 (eighteen) and over.
5. The delivery address, the home address and the billing address must all be the same address.
6. When making a bank transfer you must state the payment reference as stated in the invoice. If the payment reference does not correspond to the payment reference in the invoice, you must (if requested) send the paying in slip or bank transfer form by email or post, in order to enable allocation of the payment to your correct order. Your payment will not have been considered properly made until it has been linked to your correct order.
8. All card payments are subject to authorisation by your card issuer.
9. In some instances we will require the payment of a non-returnable deposit and payment of any balance on collection or delivery.
10. We reserve the right to assign any claims against you to third parties.
1. Delivery charges and timescales vary depending on the type of product(s) or service(s) ordered, the service you select and the delivery address. You will find full details of any delivery terms on the Supplier’s website or app store.
2. Please note that certain product(s) and services may be subject to alternative delivery charges, restrictions and/or timescales.
3. We as the payment processer shall be under no liability for any delay or failure to deliver any product(s) and/or service(s).
1. Any amendment to your order will need to be approved by the Supplier and any changes in the price will be adapted accordingly by us once approved or you may be required to resubmit payment or confirm acceptance of the amendment.
1. If you are contracting as a consumer online or by phone, you have the right to cancel (under the Consumer Rights Directive 2011/83 as implemented in the applicable EU member state ("CRD")), all or part of your contract at any time up to 14 (fourteen) calendar days after the day on which you receive the product(s) or service(s) you ordered. Any paid delivery charge will be included in your refund once we have received all (not part) of your order to the specified address determined by the Supplier.
2. We will process your refund in accordance with the terms of the Supplier for any refunds. You must take reasonable care of the product(s) while in your possession and they must be properly returned to and aprpoved by the Supplier before we can issue your refund.
3. If you wish to cancel (or are considering cancelling) an order please be aware that cancellation under the CRD available for UK or EU consumers do not apply to certain product(s) and service(s) (including but not limited to made to measure orders, flowers, plants, fruit baskets, lingerie (for hygiene reasons), food, gifts and personalised items), any product(s) with a seal where the seal is broken.
4. This is not intended to be a full statement of all your rights under the CRD. Full details of your rights under the CRD are available in the UK from your local Citizens’ Advice Bureau by visiting https://www.adviceguide.org.uk) or your Local Authority’s Trading Standards Office.
5. Any refunds given by us will be made to the debit/credit card account or by cheque (as applicable) provided when you placed your order and will be subject to the Supplier‘s right to withhold amounts for product(s) which are damaged on return or for which collection has been arranged.
1. You must not attempt or encourage to misuse this website or the Payment Services by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Payment Services are stored or any server, computer or database connected to the. You must not attack this website or the Payment Services via a denial-of-service attack or distributed denial-of-service attack.
2. By breaching the above Clause you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use this website and the Payment Services will cease immediately without notice to you or any liability to the Supplier or us.
3. We will not be liable for any loss or damage caused by the distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this websit or the Payment Services, other material posted on it, the Supplier website, app store or any websites linked to them.
1. We will not sell your personal details to third parties. However, we may pass on your details to relevant authorities or regulators if we and/or they wish to investigate or assist in the investigation of any suspected or alleged fraud or abuse of this website and/or the Payment Services or if we are required by law to do so, for example under the Proceeds of Crime Act 2002 and any other money laundering or data protection legislation.
1. We provide the Payment Services to you subject to your statutory rights but otherwise without any warranty or condition, express or implied, except as specifically stated in these Terms. We do not have any control over the product(s) or service(s) that are paid for with our Payment Services and we cannot ensure that the Supplier you are dealing with will actually complete the transaction or is authorised to do so.
2. We do not guarantee continuous, uninterrupted or secure access to any part of our Payment Services. We shall not be liable for any delay in the failure in our provision of the Payment Services under these Terms. You acknowledge your access to this website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and debit and credit cards are processed in a timely manner. We make every effort to ensure that the information contained in our correspondence, reports, on this website is accurate to the best of our belief at the time the information is provided. However, we cannot guarantee the accuracy of all such information in all circumstances and contexts, and no reliance should be placed on such information by you. You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions.
3. You alone are responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Payment Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.
1. There are certain liabilities which we cannot exclude by law and nothing in these Terms limits our liability for personal injury or death caused by our negligence or for fraud or for anything which it would be illegal for us to limit or exclude or attempt to limit or exclude our liability for.
2. You have certain rights as a consumer, including legal rights relating to faulty or misdescribed product(s) and the Supplier may have set these out for you on the Suppllier’s website or app store. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau by visiting https://www.adviceguide.org.uk). Nothing in these Terms will affect these legal rights and, in particular, we will perform our obligations for processing payment under these Terms with reasonable care and skill.
3. The following provisions set out all our liability to you (including any liability for acts and/or omissions of our parent company, subsidiaries, associated companies, employees, agents and sub-contractors) regarding:
a. any breach of these Terms, including any deliberate personal repudiatory breach or any deliberate breach of these conditions by a party, or our employees, agents or subcontractors; and
b. any representation, statement or tortuous act or omission including negligence arising under or in connection with this website or the Payment Services; and
c. any product(s) and/or services purchased utilising the Payment Services whether relating to description, delivery, quality, returns or otherwise.
4. All representations, warranties and terms (express or implied) not set out in these Terms are excluded to the fullest extent permitted by law and we shall have no liability to you in respect of the same. You agree to indemnify us in full and on demand with respect to any liability, damages, costs or claims which we may suffer or incur arising out of or in connection with your use of this website or the the Payment Services. Your statutory rights as a consumer (if any) are not affected by these Terms.
5. Subject to Clauses 9.1 and 9.2 above:
a. our liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this website or the Payment Services shall be limited to the aggregate of with the greater of GBP£100 (one hundred Great British Pounds Sterling) or the cost of the purchase made utilising the Payment Services as paid by you; and
b. we shall not be liable to you for any direct, indirect or consequential loss (including without limitation, loss of profit, loss of goodwill and loss of contract) or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with your use of this website or the Payment Services whether or not we have been previously made aware of it.
6. We do not have control of nor assume the liability or legality for the product(s) or service(s) that are paid for with our Payment Services which include but are not limited to the description of the product(s), service(s), quality, fitness for purpose, delivery, returns, damages, the option of refunds, legalilty, any warranty.
7. We accept no responsibility and shall not be liable to you for any content of or use by you of any information or services offered by the Supplier or third parties’ (including advertising by the same) or otherwise posting information via these services (whether directly or via links to or from other sites or resources or through framing or other electronic mechanisms), nor can we be said to endorse any product(s), service(s), content or information. In particular, we shall have no liability in respect of material hyper-linked to this website or the Supplier’s website or app store which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable laws or regulations. The provision by us on this website of a link to another website or app store does not constitute any authorisation to access materials held at that website or app store.
8. We make no representation or warranty about information or any other item(s) able to be accessed either directly or indirectly from this website or the Supplier’s website or app store (save to extent expressly provided on the Website) and we reserve rights to make changes and corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than fraudulent misrepresentation on our website) in or from such information and any decisions based on such information are the sole responsibility of the visitor to the website.
1. Ownership: The copyright, database rights, brand names, domain names and other intellectual property rights whether in whole or part now defined or in the future (“IPR”) in material displayed on or via this website and/or the Payment Services (the “Materials”, which may includes text, data, graphics, images and audio visual content) is owned by or licensed to us from third parties. This IPR is protected by the laws of England and Wales, international treaties and all other applicable copyright and intellectual property laws. Any unauthorised reproduction, representation or distribution is strictly prohibited and legal action could be taken against any such person who makes unauthorized distribution of the Materials or the IPR.
2. Trademarks: Our names and associated logos are and shall remain the exclusive trademarks of ours.
3. Copying: Any downloading, use or copying of the Materials except as otherwise expressly permitted by these Terms is strictly prohibited and in particular you agree to use the Materials solely for your own personal, non-commercial use and specifically not for any business, commercial or public purpose.
4. The following activities are prohibited unless you receive our express prior written permission on each occasion:
a. deployment within this website or the Payment Services of any spider, robot web crawler or other automated query program; and
b. re-use and/or aggregation of any of the Materials in the provision of a commercial service.
5. The copying and use of third party materials accessed via the Payment Services is governed by the terms applicable to the Supplier accessed by you.
6. Content: When providing us with content or posting content (in each case for publication, whether on- or off-line) using the Payment Services, you grant us and our parent, subsidiary and associated companies a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the us and our parent, subsidiary and associated companies, our sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Payment Services, and us and our parent, subsidiary and associated companies use of such content (including of works derived from it) in connection with the Payment Services.
8. Force Majeure: We will not be liable for any failure to meet our obligations under these Terms due to anything out of our control including but not limited to any loss and/or damage that you may suffer or incur because of any act of God, power cut; trade or labour dispute, failure or any omission of any government or authority; delay, interruption, obstruction, or failure of telecommunication services; or any other cessation; delay or failure caused by a third party or loss or corruption of data. In such an event, we reserve the right to cancel or suspend the Payment Services indefinitely and without notice or incurring any liability whatsoever.
9. Complaints and Disputes: We hope that you are pleased with the Payment Services and that you will never have reason to complain - but if there is something you are not happy with, we would like you to tell us about it so that we can try to put matters right. Should you wish to make a complaint with respect to this website or the Payment Services please contact us by emailing or writing to the postal address at the bottom of these Terms. In the event that we are unable to resolve your complaint you may wish to consider using an Alternative Dispute Resolution scheme by contacting either:
‘Communications and Internet Services Adjudication Scheme’
We are prepared to take part in the ADR process using either of the certified ADR providers above.
You can also access the Online Dispute Resolution platform here which is an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court:
10. Notices: We will communicate with you in the language(s) in which we have made available these Terms to you. You agree that we may provide notice or other information to you by posting it on this website(s), emailing it to the email address providedby you, mailing it to the street address you provided, calling you by phone, or sending you a “text” / SMS message. You must have internet access and an email account to receive communications and information relating to the Payment Services. With the exception of amendments to these Terms, such notice shall be considered to be received by you within 24 (twenty four) hours of the time it is posted to our website(s) or emailed to you. If the notice is sent by mail, we will consider it to have been received by you three business days after it is sent. You may request a copy of any legally required disclosures (including these Terms) from us and we will provide this to you in a form which allows you to store and reproduce the information (for example, by e-mail) and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described below. Notices to us made in connection with these Terms must be sent by postal mail to the address set out below.
11. Assignment and Subcontracting: You may not assign or transfer your rights or obligations (or both) under these Terms to any company or other person. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
12. Relationship: Nothing in these Terms shall be construed so as to give rise to any joint venture, partnership or relationship of employer and employee.
13. Waiver: No delay or omission by us in exercising any right or remedy under these Terms shall operate to impair such right or remedy or be construed as a waiver thereof. Any single or partial exercise of any such right or remedy shall not preclude any further exercise or the exercise of any other right or remedy.
14. Severability: If any court of competent jurisdiction holds any provision of these Terms invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect so as to leave the validity of the other provisions of these Terms in tact.
15. Amendments: If we make any variations to these Terms we will try to highlight such area in red for a period of 4 (four) weeks from such change.
16. Entire Agreement: These Terms and any invoices contain the whole agreement between us in relation to the order and supersedes all previous contracts, promises, representations, warranties or arrangements between the parties whether written or oral provided that nothing in this Clause shall operate to exclude either party’s liability for any fraudulent misstatement or fraudulent concealment.
17. Third Party Rights: The provisions of these Terms are for the benefit of the parties and no other persons shall have any right to enforce any of its terms to these Terms.
18. Interpretation and Construction: In these Terms unless the context otherwise requires (a) words importing the singular include the plural and vice versa, (b) a reference to a law includes a reference to that law as amended, consolidated or replaced, (c) headings are for convenience only and do not affect the interpretation of these Terms and (d) unless the context otherwise so requires references to us include our permitted successors and assigns.
19. Law and Jurisdiction: The formation, construction, performance, validity and all aspects of these Terms is governed by the laws of England and Wales, shall be in English and the parties hereby irrevocably submit to the exclusive jurisdiction of the Courts in England and Wales.
If you have any questions concerning these Terms please contact us via:
Post: fine trade GmbH, 57-63 Scrutton Street, London EC2A 4PF
Update: last update April 2016
This Policy governs your use of products, services, content, features, technologies or functions offered by us and all related sites, applications, and services (collectively “Payment Services”) (including, without limitation, when you provide any information in relation to your use of Payment Services).
In order to operate the Payment Services and to reduce the risk of fraud, we, as the data controller, must ask you to provide us with information about yourself, including your credit or debit card and/or bank account details. You accept and consent to this Policy when you sign up for access or use of the Payment Services. By accepting and consenting to this Policy, you expressly consent to our use and disclosure of your personal information and direct us to do so in the manner described in this Policy.
This Policy describes the information we collect and how we use that information. We take the processing of your information very seriously and will use your information only in accordance with the terms of this Policy. For the purposes of this Policy, the term “Information” means any confidential and/or personally identifiable information, credit cards or other information provided and related to your use of Payment Services.
We will not sell or rent your Information to third parties for their marketing purposes without your explicit consent. However, in order for us to offer you the Payment Services; enhance the quality of the Payment Services from time to time; and protect your interests, we will in limited circumstances share some of your Information with third parties under strict restrictions, as described in more detail in this Policy.
Notification of Changes: This Policy may be revised over time as new features are added to the Payment Services or as we incorporate suggestions from our customers. We may change this Policy at any time by posting a revised version of it on our website. We will highlight the changes in red for 30 (thirty) days from date of change. As of the effective date of the revised Policy, you will be considered as having consented to all changes to it. Please check our website on a regular basis for the most current version of our Policy.
Third Party Websites: Some pages on our website include links to third-party websites. These sites are governed by their own privacy statements and we are not responsible for their operations including but not limited to their information practices. When submitting Information to or through these third-party websites you should review the privacy statements of these sites before providing them with your Information.
Not a Framework Contract: For the avoidance of doubt this Policy does not constitute a "framework contract" for the purpose of the EU Payment Services Directive (2007/64/EC) or any implementation of that directive in the European Union or EEA (including without limitation the UK Payment Services Regulations 2009).
A Special Note about Children: Children are not eligible to use our Payment Services and we ask that minors (persons under the age of 18) do not submit any Information to us or use the Payment Services.
Required Information: To use the Payment Services you must provide your name, address, phone number, and email address. In order to make payments through the Payment Services you must provide credit card, debit card or bank account information. We may also require other commercial and/or identification information in order for us to comply with our anti-money laundering obligations under European law.
Using your device: When you use the Payment Services using any device (whether connected to the Payment Services wirelessly or by a fixed line or otherwise), we may additionally collect and store device sign-on data (including but not limited to device ID) and geolocation data in order to provide the Payment Services.
Transaction Information: When you use the Payment Services to pay for an order we also collect the Internet address (IP address) and other identifying information about the computer or device you use to utilise the Payment Services, in order to help detect possible instances of unauthorised transactions.
Information about you from Third Parties or Other Sources: In order to protect all our customers against potential fraud, we may verify the Information you provide with payment processors and/or credit reference and fraud agencies. In the course of such verification we may receive personally identifiable information about you from such services. In particular if you register a credit card or debit card or bank account with the Payment Services we will use card authorization and fraud screening services to verify that your bank or card information and address match the information you supplied to us, and that the card has not been reported as lost or stolen. If you owe us money, we may conduct a credit check on you by obtaining additional information about you from a credit reference or fraud agency, to the extent permitted by law. We, at our sole discretion, reserve the right to periodically retrieve and review a consumer credit report supplied by such credit reference or fraud agency for any payment being processed, and reserve the right to deny processing of the payment based on information obtained during this credit review process.
We may also collect information about you from other sources including from members of our corporate family, other companies (subject to their privacy policies and applicable law.
Additional Verification: If we cannot verify any of the Information that you provide we may ask you to upload or send us additional information (such as your driving licence, credit card statement, and/or a recent utility bill, or other information linking you to the applicable address) or to answer additional questions online to help verify your Information.
Website Traffic Information: Because of the way Internet communication standards work when you arrive at or leave our website we automatically receive the web address of the site that you came from or are going to. We also collect information on which pages of our website you visit, IP addresses, the type of browser you use and the times you access our website.
Communications: When you communicate with us for customer service or other purposes (e.g., by emails, phone calls, tweets, etc.), we retain such information and our responses to you.
Internal Uses: We collect, store and process your information on servers located elsewhere in the world where our facilities are located. Our primary purpose in collecting your Information is to provide you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal Information to:
process transactions and provide the Payment Services;
verify your identity, including during account creation and password reset processes;
resolve disputes, collect fees, and troubleshoot problems;
manage risk, or to detect, prevent, and/or remediate fraud or other potentially illegal or prohibited activities;
detect, prevent or remediate violations of policies or applicable user agreements;
provide you with customer support services;
improve the Payment Services by customizing your user experience;
measure the performance of the Payment Services and improve their content and layout;
manage and protect our information technology infrastructure;
provide targeted marketing and advertising, provide service updates, and deliver promotional offers based on the communication preferences you have defined for your account and your activities when using the Payment Services; and
perform creditworthiness and solvency checks, compare information for accuracy, and verify it with third parties.
Our Contact with Customers: We communicate with our users on a regular basis via email to provide requested services. We also communicate with our users by phone to:
resolve customer complaints or claims made by users via the Payment Services;
respond to requests for customer service;
inform users if we believe their accounts or any of their transactions have been used for an illegitimate purpose;
confirm information concerning a user's identity or account activity;
carry out collection activities;
conduct customer surveys; and
investigate suspicious transactions.
We use your email or physical address to send you notice of payments that you send or receive through the Payment Services, to send you information about important changes to our services, and to send notices and other disclosures required by law. Generally, you cannot opt out of these communications, but they will be primarily informational in nature rather than promotional. We may also communicate with you as described above by SMS (and SMS will be treated as an email).
We may combine your Information with information we collect from other companies and use it to improve and personalise the Payment Services. If you don't wish to receive marketing communications from us or participate in our ad-customisation programmes, simply confirm this during any options available to do so whilst processing the payment.
When paying for your order through our Payment Services we may provide the Supplier of the product(s) or service(s) with the delivery address and your billing address to complete your transaction. The Supplier may share information about you with us such as your email address or phone number, when a refund is sent to you or when you are attempting to pay that Supplier. If an attempt to pay your Supplier fails, or is later invalidated, we may also provide your Supplier with details of the unsuccessful payment. To facilitate dispute resolutions we may provide you with the Supplier’s address so that goods can be returned to them. Please note that Suppliers may have their own privacy policies and we are not responsible for their operations including but not limited to their business practices.
We may also share with other users the fact that you are within local reach as a customer. If you do not want this information to be shared you can access, view and control the settings for any such data on your mobile device.
By accepting this Policy you expressly agree and consent that each time you pay or attempt to pay a Supplier using the Payment Services that we may transfer the aforementioned relevant data to such Supplier who may be located outside the European Economic Area (“EEA”), in order to process, execute or otherwise deal with and provide information about the payment.
Just like most banks or financial/payment service providers we work with third-party service providers which provide important functions to us that allow us to be an easier, faster, and safer way to make payments, and other business partners. We need to disclose user data to them from time to time so that certain services can be performed. By accepting this Policy and processing your payments via the Payment Services you expressly consent to the transfer of your data to those third parties for the purposes listed.
We will not sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent, and will only disclose this information in the limited circumstances and for the purposes described in this Policy. This includes transfers of data to non-EEA member states. We do not tolerate spam. To report any spam, please contact us immediately using the contact details below.
Specifically, you consent to us to do any and all of the following with your information:
a. Disclose necessary information to: the police and other law enforcement agencies; security forces; competent governmental, intergovernmental or supranational bodies; competent agencies (other than tax related authorities), departments, regulatory authorities, self-regulatory authorities or organizations (including, without limitation and other third parties, including our Group companies, that we have reason to believe it is appropriate for us to cooperate with in investigations of fraud or other illegal activity or potential illegal activity, or to conduct investigations of violations of our Payment Terms and Conditions (including without limitation your credit or debit card provider).
b. We and other organisations, including parties that accept the Payment Services, may also share, access and use (including from other countries) necessary information (including, without limitation the information recorded by fraud prevention agencies) to help us and them assess and to manage risk (including, without limitation, to prevent fraud, money laundering and terrorist financing).
c. Disclose necessary information in response to the requirements of the credit card associations or a civil or criminal legal process.
d. Disclose necessary information to the payment processors, auditors, customer services providers, credit reference and fraud agencies, financial products providers, commercial partners, marketing and public relations companies, operational services providers, group companies, agencies, marketplaces and other third parties. The purpose of this disclosure is to allow us to provide the Payment Services to you. These third parties are limited by law or by contract from using the Information for secondary purposes beyond the purposes for which the Information was shared.
e. Disclose necessary Information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).
f. Disclose aggregated statistical data with our business partners or for public relations. For example, we may disclose that a specific percentage of our users live in London. However, this aggregated information is not tied to personal information.
g. Share necessary Information with unaffiliated third parties for their use for the following purposes:
i. Fraud Prevention and Risk Management: to help prevent fraud or assess and manage risk. As part of our fraud prevention and risk management efforts, we also may share necessary Information with your Suppliers in cases where we have placed a hold or other restriction on your account based on disputes, claims, chargebacks or other scenarios regarding your orders.
ii. Customer Service: for customer service purposes, including to help service your orders or resolve disputes (e.g., billing or transactional).
iii. Shipping: in connection with shipping and related services for orders made using the Payment Services.
iv. Legal Compliance: to help them comply with anti-money laundering and counter-terrorist financing verification requirements.
v. Service Providers: to enable service providers under contract with us to support our business operations, such as fraud prevention, bill collection, marketing, customer service and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
Mergers or Acquisitions: As with any other business, it is possible that in the future we could merge with, or be acquired by, another company. If such an acquisition occurs, you consent to the successor company having access to the information maintained by us, including Information, and such successor company would continue to be bound by this Policy unless and until it is amended.
We are committed to adequately protecting your Information regardless of where the data resides and to providing appropriate protection for your information where such data is transferred outside of the EEA.
We are committed to handling your Information with high standards of security. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files and we authorize access to personal information only for those employees who require it to fulfil their job responsibilities.
The security of your Information also relies on your protection of any passwords if you are required to create one. If created you may not share your Payment Services password with anyone.
You can review the Information you have provided us and make any desired changes to such Information at any time by email: firstname.lastname@example.org
If you want to exercise your right to access your Information or have any questions about this privacy statement, our Information practices, or your dealings with us, you can contact us by:
Post: fine trade GmbH, 57-63 Scrutton Street, London EC2A 4PF