Legal notice

PURCHASE TERMS AND CONDITIONS OF TETSUO.COM

Last update: June 10, 2024


INTRODUCTION

This document aims to establish the terms and conditions of use of the website www.tetsuo.com, as well as the conditions for purchasing products through it by users. Please read these TERMS AND CONDITIONS OF PURCHASE and the PRIVACY POLICY carefully before using the site. By using this website or placing an order through it, the user agrees to be bound by these conditions and by our privacy policy.

To the extent that the user acts as a consumer and user, the applicable regulations in this regard will apply, including Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.


GENERAL INFORMATION

In compliance with the information duty established in Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, it is reported that the ownership of this website corresponds to:

- ERIC Y JOEL S.L.

- CIF: B10623452

- Registered office: Calle Gijón 6, 46183 La Eliana (Valencia)

-  Email: info@tetsuo.com

- Phone: +34 625 624 155


USE OF THE WEBSITE

By using this website and placing orders through it, the user agrees to:

  • Use the website only to make legally valid inquiries or orders.

  • Not place any false or fraudulent orders. In the event that such an order may be reasonably considered to have been made, ERIC Y JOEL S.L. will be authorized to cancel it and inform the relevant authorities.

  • Have the legal capacity to contract (the user declares to be over 18 years old).

  • Provide truthful and accurate data that allows proper processing of the order.

 

PERSONAL DATA PROTECTION

TETSUO informs users of this website about its personal data protection policy, applicable to the data collected through browsing or contracting services. This information can be consulted at any time in the Privacy Policy available on the website.


PURCHASE CONDITIONS

Service availability

Users may place orders from Spanish territory or from any European country.


Contract language

The contract will be formalized in Spanish. Although the website may be available in other languages, in case of conflict the Spanish version will prevail.


Product availability

Orders are subject to availability. If there are supply problems or lack of stock, TETSUO will contact the customer to inform them and they may choose between a refund of the amount paid or replacement with another product of equal value, at the customer’s discretion.


Limitations on the use of 3D printed products

The 3D printed products offered through the website are intended exclusively to check ergonomics and compatibility with the cyclist and the bicycle. They must not be used on the road or in competition, as they are not designed or certified to withstand such conditions of use, which could lead to structural failures and cause injury.


Product prices

Prices include applicable taxes, but do not include shipping costs, which will be added to the final amount. TETSUO reserves the right to modify prices at any time, although products will be invoiced at the price in effect at the time of purchase.


If, due to a technical, typographical or other error, the price of a product displayed on the website is clearly incorrect or could reasonably be assumed to be incorrect, TETSUO reserves the right to cancel any order placed at the incorrect price, even if the order has been confirmed and the payment has been processed. TETSUO will inform the User of the error as soon as possible and will offer the option to place the order at the correct price or to receive a full refund of the amount paid.


Electronic invoicing

The user expressly agrees to receive the invoice, ticket or proof of purchase (“Invoice”, hereinafter) in electronic format. If the user wishes to receive a paper invoice, they must request it at the following email address: info@tetsuo.com.


Discount coupons

Coupons must be used during the purchase process. Requests to apply them after the transaction has been completed will not be accepted.


Shipping costs

Costs will depend on the destination country and will be set by the transport companies. ERIC Y JOEL S.L. has no control or responsibility over them.

 

PURCHASE PROCESS

To place an order, the user (registered and unregistered users) must select the desired products and add them to the cart. Subsequently, they must follow the on-screen steps, providing the required information for payment and delivery, including identification data (name and surname or company details), shipping address, phone number, email address, and payment details according to the method selected by the user, which may include card number, expiration date, and CSV code. Before finalizing, they must expressly accept these terms and the privacy policy. A confirmation will be sent by email. The order will not be considered formalized until full payment has been made.

In the case of acquiring ERIC Y JOEL, S.L. products in advance through product pre-sale, ERIC Y JOEL, S.L. reserves the right to cancel the pre-sale for any reason to the extent permitted by applicable law. Otherwise, ERIC Y JOEL, S.L. may cancel the pre-sale due to unforeseen circumstances or force majeure, including economic reasons. This includes, but is not limited to, significant changes in market conditions, such as fluctuations in material prices, changes in product demand, variations in production costs, or any other relevant economic circumstance that substantially affects the profitability or financial viability of the transaction. In such a case, the customer will be notified as soon as possible and will receive a full refund of the amount paid for the pre-sale.


RIGHT TO REFUSE AN ORDER

ERIC Y JOEL S.L. reserves the right to refuse orders when:

  • There are errors in the billing information.

  • There is suspicion of credit card fraud.

  • Delivery to the provided address cannot be made.

  • It is suspected that the buyer is not acting as a final consumer.

  • The user is under 18 years of age.

  • Full payment has not been received.

 

PAYMENT METHODS

Payments may be made through the means enabled on the platform at the time of purchase. Payments by credit card, bank transfer, as well as Shop Pay, Google Pay, PayPal, or Klarna are accepted. For payments by card, Shop Pay, Google Pay, Klarna, or PayPal, the total amount (including shipping) will be charged at the time of purchase. Only payments in euros are accepted. For payments by transfer, the order will not be shipped until full receipt of the amount is confirmed.

In the case of payment methods provided by external suppliers, such services will be governed by the suppliers’ own terms and conditions and privacy policies, and TETSUO will act solely as an intermediary. Therefore, when accessing and making any payment operation, the user must ensure that they have carefully read and understood their terms and conditions.

 

DELIVERY

Orders will be shipped to the address provided by the customer. Delivery times are:

  • Mainland Spain: 24–72 working hours.

  • Balearic Islands, Canary Islands, Ceuta and Melilla: up to 7 working days.

  • Europe: between 7 and 10 working days.

Delivery times are approximate and may vary depending on the designated address, product availability or other extraordinary causes. In case of delay, the option to continue with a new deadline or cancel the order will be offered.

The risk of loss or damage to the products is transferred to the user when they, or a third party indicated by them other than the carrier, has acquired material possession; and, when applicable, if the user commissions the transport of the goods, the risk shall be transferred to the user upon delivery of the goods to the carrier.

In the case of pre-order purchases, the estimated delivery time may be affected or canceled due to unforeseen circumstances, in which case TETSUO will inform the customer of the new estimated delivery date.


IMPOSSIBILITY OF DELIVERY

If delivery of the order is not possible due to reasons not attributable to TETSUO, and 15 calendar days have passed since the order became available for delivery, it shall be understood that the user wishes to withdraw from the contract, and it shall be terminated.


RIGHT OF WITHDRAWAL

The user has the right to withdraw from the order without the need for justification, in accordance with Article 102 of Royal Legislative Decree 1/2007, within 14 calendar days from the delivery of the product. This right may be exercised through the form available at the “Right of Withdrawal” link, by email to info@tetsuo.com, or in writing to: C/ Gijón 6, 46183 La Eliana, Valencia. Order details must be indicated.

If the legal conditions are met, and except for applicable exceptions, to exercise the right of withdrawal, TETSUO will refund the amount paid (except for additional costs resulting from the buyer’s choice of a delivery method different from the least expensive ordinary delivery option) using the same payment method used by the user, within 14 calendar days from receipt of the withdrawal request.

Except in cases of non-conformity or defect in the product, and in accordance with consumer and user regulations, the right of withdrawal shall not apply if the product has been personalized for the User.

 

WARRANTY

In the event of conformity defects, the legal warranty applicable to buyers who are consumers will apply to the extent that applicable legislation requires it imperatively. For users located in Spain, it will be 3 years from the delivery of the products, as provided by the applicable legislation. For buyers who are consumers located in other territories of the European Union, in accordance with Directive (EU) 2019/771, a legal conformity warranty of 2 years will apply, unless national law imperatively requires a longer period for the sale of consumer goods.

Consumer users may benefit from the legal warranty provided they can prove the purchase of the product (for example, by means of an invoice or purchase receipt). The legal warranty will not apply to professional buyers, unless otherwise expressly agreed.

To manage a warranty claim, the User must contact info@tetsuo.com

Additionally, and by way of example and not exhaustive, to the extent permitted by applicable law, the warranty does not cover the following conditions:

  1. The warranty will not apply if the buyer has acquired the product from third parties not authorized by TETSUO, and in countries where TETSUO expressly excludes the sale of its products.

  2. Damages caused by factors external to TETSUO and not related to a lack of conformity attributable to TETSUO.

  3. Damages caused by wear resulting from normal use of the product, as well as those affecting components whose useful life is limited due to their function and wear from habitual use.

  4. Damages caused by use of the product, or modifications to it or its parts, not expressly authorized by TETSUO, or not in accordance with the official instructions provided by the buyer.

  5. Damages caused by modifications or alterations not expressly authorized by TETSUO.

  6. Damages caused by impacts or falls, misuse of the product, or use of the product in risky or extreme conditions.

  7. Aesthetic damage caused by factors not attributable to TETSUO.

Some countries or states do not allow the limitation of implied or legal warranties, so the established limitations or exclusions may not apply in your case. The warranty grants the consumer specific legal rights, and you may also have other rights, which will vary from one state/country to another.


RETURN OF DEFECTIVE PRODUCTS

In the case of return of defective products or products that do not match the description, the full amount will be refunded, including shipping and return costs.

 

LIABILITIES

Access to and use of the website is carried out under the responsibility of the user. TETSUO does not guarantee:

  • The absence of errors, interruptions, or viruses.

  • The infallibility or permanent availability of the website.

  • The accuracy of information provided by third parties.

  • Damages arising from cyberattacks, interferences, or network failures beyond the company’s control.

TETSUO is not responsible for business or commercial losses, as the products are intended for domestic and personal use.

To the extent permitted by applicable law, and unless expressly stated otherwise, the products are provided without warranties or conditions of any kind other than those expressly set forth in these terms and conditions.

TETSUO products shall be used by the User at their own discretion and under their own responsibility and risk, acknowledging that their use and conformity regarding integration into other third-party products is the User’s sole responsibility.

TETSUO shall not be liable for any damages arising from improper or negligent use by the user nor, by way of example and without limitation, for the use of the products in extreme conditions that may push the limits of the product’s capabilities, that reasonably exceed its normal intended use, or through activities that subject the product to mechanical stresses or demands greater than those foreseen in its design. Likewise, it shall not be liable in the case of the use of non-original parts or accessories, or those not compatible with those supplied by TETSUO, which may have affected the safety or performance of the product, or if the product has been exposed to unfavorable environmental conditions (humidity, heat, cold, salinity, or corrosion) without proper protection or maintenance.

Nothing in these provisions shall attempt to exclude any liability that cannot be excluded under applicable law, nor limit or exclude TETSUO’s liability in cases where it is attributable due to willful misconduct or fault, or when so required imperatively by applicable legislation or case law.

 

INTELLECTUAL AND INDUSTRIAL PROPERTY

License to access the site:

TETSUO grants a limited license to access and use the website for the purpose of viewing the offered products and making the desired purchases. In no case does this confer the right to the user to upload or modify the contents of the website, or to perform actions other than those expressly provided for, without the express authorization of TETSUO.

All intellectual and industrial property rights related to the products or content published or marketed on this website, including, by way of example and not limitation, inventions protected by patents or utility models, industrial designs and models, designs, trademarks, trade names, logos, graphic works, catalogs, images, technical descriptions, as well as any other element subject to protection, are the exclusive property of TETSUO or are used under duly authorized license, and are protected by current national, EU, and international legislation.

This protection includes both registered and unregistered rights, including those rights which, due to their form, configuration, aesthetics or functionality, constitute or may constitute intangible assets of economic value and market differentiation.

Mere access, navigation through the website, use of its functionalities or the purchase of products through it implies full, unreserved, and legally binding acceptance of these Terms and Conditions, and is considered a valid agreement between the user and TETSUO, with full legal effect.

Consequently, the user shall refrain from carrying out any act that directly or indirectly may damage, limit, or interfere with the legitimate and free commercial exploitation of the products, trademarks, designs or content of TETSUO, whether by:

  • Reproducing, copying, transforming, distributing, publicly communicating, or making available to third parties, by any means, the products, contents, designs or distinctive signs of TETSUO, unless expressly authorized in writing.

  • Registering or attempting to register, in their own name or on behalf of third parties, any design, trademark, patent, drawing, model, or other intellectual or industrial property right that has been created, developed or marketed by TETSUO, or that could generate a risk of confusion, association, or undue advantage from the commercial reputation or the creative and technical efforts of TETSUO, even in cases where such rights have not been formally registered by TETSUO.

  • Performing reverse engineering, manufacturing, modification, redesign or distribution related to the products.

  • Performing any act that directly or indirectly damages, limits or interferes with the proper, free, and legitimate commercial exploitation of TETSUO’s products, designs, distinctive signs, content or innovations, or in general, using the products or content of this website for profit, for personal or third-party benefit, in any way that harms the rights or interests of TETSUO.

The sole purpose of this website is to allow users to purchase the products offered by TETSUO for their own, private, and non-commercial use. Any different use will require express authorization and may give rise to the corresponding legal actions, including claims for damages.

Failure to comply with this clause may result in the applicable civil and criminal liabilities.

 

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract binds both the customer and ERIC Y JOEL S.L., as well as their successors. The customer may not assign, transfer or encumber the rights or obligations arising from the contract without the prior written consent of ERIC Y JOEL S.L.


GENERAL

The fact that TETSUO does not exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

Partial nullity. If one or more provisions of these terms are declared totally or partially null or unenforceable by a competent authority, such nullity or unenforceability shall affect only that specific provision or the part thereof affected. The rest of the conditions contained in this document shall remain valid and fully applicable.

No limitation provided in these terms shall restrict or limit any right provided under any mandatory applicable regulation, including in matters of consumer protection.


APPLICABLE LAW AND JURISDICTION

Any dispute arising from a purchase shall be governed by Spanish law and resolved in the Courts of Valencia, unless the user acts as a consumer and other mandatory law applies, in which case the applicable law or the competent courts shall be those of the consumer’s place of residence.

Additionally, pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, TETSUO informs you that, in case of dispute, consumer users residing in the European Union may resort to the “Online Dispute Resolution Platform” developed by the European Commission, in order to try to resolve any dispute arising from the provision of Services by TETSUO out of court. You may access the “Online Dispute Resolution Platform” through the following link: http://ec.europa.eu/consumers/odr/

Notwithstanding the foregoing, the parties undertake to make their best efforts to resolve such disputes amicably and in good faith before resorting to the competent judicial authorities.