These Terms and Conditions of Sale (hereinafter, “TCs”) apply to the sale of products (including their manufacture, distribution, and sale) that we, DHM CYCLING TECHS, S.L. (hereinafter, “KDNS”) sell through our website, hosted at the URL WWW.KDNSBIKES.COM (hereinafter, “the Website”). Therefore, it is a necessary requirement for the purchase of the products that you read and accept these Terms and Conditions beforehand.
If you use our services and/or purchase our products, it will be understood that you have read and accepted these TCs. Likewise, the acquisition of our products may involve charging, shipping, or providing services through other websites that will be subject to their own Terms and Conditions.
In some cases, to purchase the product, registration by the Customer, with truthful personal data and the definition of a password, will be necessary.
The Customer can choose and change the access key for the account administration at any time, in case they have registered and it is necessary to purchase any of our products. KDNS does not assume responsibility in case the key is handed over to third parties.
All purchases and transactions carried out through this Website are subject to a confirmation and verification process, which could include verification of stock and product availability, validation of the payment method, validation of the invoice (if any), and compliance with the conditions required by the selected payment method. In some cases, verification via email may be necessary.
The prices of the products offered in this Online Store are valid for purchases made on this Website, as well as those made after direct communication with the KDNS sales department.
The ownership of this Website belongs to:
Before proceeding to accept these T C, you must read their content carefully. If you do not accept them, the purchase of the products will not take place, and therefore, this will not entail the assumption of any type of obligation or responsibility on the part of KDNS.
In addition to reading these T C, before accessing, browsing, and/or using this Website, you must have read the Legal Notice, the cookie policy, and the data protection policy of KDNS. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, you consent to be bound by these Terms and all the aforementioned, so if you do not agree with the texts indicated above, you should not use this Website.
KDNS reserves the right to modify these T C at any time, without the need to notify or inform users in advance, so it is considered the Customer’s responsibility to review these Terms before purchasing any product from the Website.
For any questions you may have regarding these T C, we invite you to write to us at the email address info@kdnsbikes.com or use the website contact form.
Furthermore, you declare that you are over 18 years old and have the legal capacity to enter into contracts through this Website. Otherwise, the responsibility for placing orders by minors will lie with the legal guardians of the minor.
Although our products can be purchased from anywhere in the world, we are a Spanish company and, therefore, we are governed by Spanish Law, which means that we do not ensure that the Website complies with third-party countries’ legislation outside the European Union, either wholly or partially. KDNS is not responsible for any liability that may arise from such access.
You have the option to formalize, at your choice, the sales contract with us for the various products offered on the Website, in any of the languages in which these T C are available on this Website.
Communications, purchase orders, and payments involved during transactions made on the Website could be archived and preserved in KDNS’s computerized records to validate a means of proof of the transactions, respecting the principles of security and current applicable regulations, following Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals concerning the processing of personal data and the free movement of such data (GDPR) and the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights granted to Users according to the privacy policy of this Website.
We offer our products on the Website and operate in electronic commerce for the final consumer, as an individual who does not act for commercial or business purposes. We reserve the right not to process orders that do not come from end consumers or in any other way that is outside our commercial policy.
The offer to sell a product by KDNS is not binding. The agreement made between both parties will only come into effect when KDNS has confirmed an order placed by the customers through one of the means indicated in point 4 above.
All product specifications are subject to change without notice at a specific time due to market contingencies or KDNS technical considerations. If this happens while there is an open sales order, KDNS will ensure that the new product specifications are better or equal to the previous product specifications; otherwise, the user will be informed in case they want to cancel the order.
In any case, we inform you that the information currently included on the website is accurate and corresponds to the reality of our products. However, the images included on the website do not necessarily correspond to the final version purchased.
All purchase orders received by KDNS are subject to product availability and/or no circumstances or force majeure events affecting their supply and/or the provision of services. If difficulties arise regarding product supply or if there are no products in stock, KDNS commits to contacting the Customer and reimbursing the amount paid, without prejudice to the possibility of agreeing on particular terms in some specific cases.
Orders received by KDNS will be completed within the period specified throughout the purchase process and order confirmation, with a maximum delivery period of 30 calendar days from the time we receive payment for the product(s), unless prevented by a force majeure event or lack of stock of any product components, in which case we will inform you and, aside from the solutions offered by the KDNS team, you may wish to cancel the order, with the money paid being refunded, minus any incurred costs. Thus, if for any reason this period is not met, KDNS will inform the customer (before the end of the initial delivery period) of the status of their order and will try to expedite the shipment as much as possible.
However, KDNS is not responsible for delays due to external causes.
Delivery may be made through any of the following means depending on the particular situation of each user:
For the purposes of these T C, the product is understood to have been delivered at the moment you or a third party designated by you acquires physical possession of the product, which will be evidenced by signing the receipt of the order at the delivery address you provide.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except Andorra, Ceuta, Melilla, and the Canary Islands (and additionally Gibraltar).
If you wish to return KDNS products, we inform you that you have a right of withdrawal for them.
This right must be exercised within 14 calendar days from the moment of receiving the product at your home or the place indicated by you, without the need for any justification. This withdrawal period will expire 14 calendar days from the day you acquire physical possession of the goods. To exercise this right of withdrawal, the Customer must notify KDNS of their decision. You can do this by sending an email to info@kdnsbikes.com. It is also possible that, if you do it by phone, we may ask you for confirmation by email. The most important thing is that, regardless of the means you choose to communicate your decision, you must clearly and unequivocally express your will to withdraw from the purchase contract.
If you exercise your right of withdrawal, KDNS will refund all payments received if the product has not been shipped, without undue delay, and no later than 14 calendar days from the date KDNS is informed of the decision to withdraw. If the product is in the possession of the customer, return shipping costs are borne by the customer. KDNS will not be responsible for these costs under any circumstances.
We inform you of the existence of a series of exceptions to the right of withdrawal, as stated in Article 103 of Law 3/2014, of March 27, which amends the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16. In this same line, the Law stipulates that the right of withdrawal will not apply to Customers if the service has been fully executed or when it has begun, with the express consent of the Customer and with their acknowledgment that they are aware that once the contract has been executed by KDNS, they will have lost their right of withdrawal.
Finally, due to their characteristics, customized products, understood as those that do not have the default values of the bicycle configuration, cannot be exchanged or refunded by KDNS.
KDNS reserves the right to refund any customized product canceled by the customer. If KDNS decides to refund the customer, it will do so with the total payments received, except for the management fees detailed in section 7.3 of these TC.
At KDNS, we request that once you receive the order, and in accordance with the provisions of Article 60 of the Law on the contract of carriage of goods by road, if the package shows obvious damage or is subsequently found to be damaged in a non-evident way or if the delivery is delayed, indicating poor management by the transport company, act by expressing your reservations in writing when receiving the order as follows:
Next, take photos (of the highest possible quality) from different angles and distances of the closed package. After opening it and inspecting its contents, take photos if you deem it necessary. Besides informing the carrier of this situation, send an email to info@kdnsbikes.com attaching the photos and explaining the situation.
Additionally, you have a warranty on the products that can be purchased through this Website, under the legally established terms for each type of product, with KDNS being responsible for the lack of conformity of the products that manifest within 3 years from the delivery of the product.
KDNS also offers an extended warranty to all customers who register their frame on the Website. You can consult the terms of the warranty for KDNS products at the following link on the Website: kdnsbikes.com/registra-tu-bici
KDNS’s liability will be strictly limited to the purchase price you paid for the bicycle, excluding VAT and management fees. Specifically, KDNS will not be responsible for any damage to your property related to the products, personal injury, loss of use, business interruption, loss of profits, or other consequential, indirect, incidental, punitive, or special damages. Thus, KDNS will be responsible, if applicable and solely, for manufacturing defects in our products. This applies to all situations, whether due to breach of warranty, contract, tort (including negligence), strict liability, or otherwise, except for damages that cannot be limited, excluded, or restricted under applicable law. KDNS will not be liable for delays in performance or failure to perform any of its obligations under this agreement if due to events or circumstances beyond its reasonable control.
The information or personal data you provide us during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy, which you can access through the following link: Privacy Policy
If you have any complaints or claims, we invite you to contact us through the email address info@kdnsbikes.com, and we commit to assisting you as soon as possible and, in any case, within 15 days from its submission.
These T C are subject to the law of the European Union and in particular Article 14 of Regulation (EU) 524/2013. Specifically, the Council of 21 May 2013 on online dispute resolution in consumer matters and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC informs buyers and users of this website of the existence of an out-of-court resolution platform for consumers and businesses in the European Union, accessible at the following address: http://ec.europa.eu/consumers/odr/.
If any provision of these T C is deemed illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions will not be affected or impaired. Disputes arising from the relationship mentioned in the previous paragraph will be submitted exclusively to the competent Courts of Madrid, Spain.
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