Terms of Use

Welcome to Tuvalum. We work every day to offer our users a comfortable and secure buying and selling experience.

All users are advised to carefully read these Terms of Use and Sale (hereinafter, “General Conditions” or “GC”) in their entirety before using Tuvalum’s services, in order to ensure they understand them. These General Conditions apply when using the services offered by Tuvalum through its platform and are binding between the user and Tuvalum.

Accessing and browsing through the Platform is free and grants you the status of User of the Website, with acceptance of these stipulations being a necessary condition for its use.

These General Conditions do not exclude the possibility that certain services of the Website, due to their particular characteristics, may also be subject to their own specific conditions of use (hereinafter, the “Specific Conditions”). The Specific Conditions will prevail over these General Conditions in case of any discrepancy between them.

Tuvalum reserves the right to make any changes to the functions and services of the Website and to the terms and conditions, including these General Conditions, in order to adapt them to the applicable legislation in force at any given time. Any change will be evidenced by a new effective date and will be published in its new version, automatically replacing the previous ones. Tuvalum will ask Users to review the changes made to its General Conditions, and the User may choose to accept them or not.

If the User does not accept the changes, they may terminate the contract in two ways: either by not using the services offered through Tuvalum or by closing the account the User has open.

If you have any questions about how Tuvalum’s services work or any point in our General Conditions, we recommend that you contact us with complete confidence through any of the contact channels enabled for this purpose: email, telephone, WhatsApp, Facebook Messenger.

WHO ARE WE?

In accordance with the provisions of the Law on Information Society Services (LSSI), we inform you of the details of the owner of this website.
Name: Tuvalum Sports Sociedad Limitada (hereinafter, Tuvalum).

Registered office: Carrer Ciutat de Barcelona, 37. C.P: 46988 (Paterna, Valencia)

Commercial Registry: Commercial Registry of Valencia, Volume 9945, Page 11, Sheet V-164729.

Tax Identification Code: B98725641

Telephone number: (+34) 604 238 809.

Contact email: hola@tuvalum.com

WHAT DO WE DO?

Tuvalum offers a series of functionalities and services (hereinafter, the “Services”) through its platform. These functions and services allow Users to browse the website in order to buy items such as bicycles, wheels, cycling components and accessories, etc.

Through its Services, Tuvalum provides a digital platform to facilitate transactions of its refurbished products among those interested in acquiring them (hereinafter, the “Buyers”). Tuvalum’s Services establish the conditions under which such items can be purchased through the platform, always being its own products, whether new and/or second-hand.

REGISTRATION

The registration procedure entails the User’s acceptance of these Terms of Use.

1. Creation of an account

To register as a User in At Tuvalum, it is an essential requirement to be of legal age and have full legal capacity to make a purchase. Registration on the platform by a minor is strictly prohibited. By accessing, using, or registering on the Website, you confirm and guarantee that you are over 18 years old.

To complete the registration, the User must provide the data that Tuvalum requests through the registration form, especially those related to their first and last name, email address, and mobile phone number. This data will be processed in accordance with our Privacy Policy. Opening an account as a registered user is free, without charge, and does not imply any obligation to make purchase transactions through the Website.

The User agrees not to create or use additional accounts other than the one created, whether with their own identity or that of a third party. Tuvalum reserves the right to delete duplicate User accounts at its discretion and to expel Users who use more than one account.

In some cases, and for the convenience of Users, Tuvalum will offer as an alternative the possibility of registering through third-party applications and services, such as Facebook Connect, Google, Strava, and other social networks, applications, and tools. In such cases, the User will be asked to authorize Tuvalum to access certain information from their accounts on these applications, such as their name and surname, email address, or any other information they make public through these applications.

1. Accuracy of your data.

The User agrees not to fill in the registration form with false, fictitious, or incorrect data or information, nor to use pseudonyms that infringe upon the rights of third parties or are defamatory, harmful, threatening, discriminatory, incite hatred, are objectionable for any other reason, or infringe intellectual and/or industrial property rights. Tuvalum reserves the right to delete the accounts of Users who fail to comply with this obligation.

By registering as a User, you guarantee that the identity data and information entered are truthful and that you will not use another person's name with the intention of impersonating them.

It is the User's responsibility to keep all information provided to Tuvalum permanently updated so that it reflects, at all times, the User's real situation. For example, if you change your email address or mobile phone number, it will be your responsibility to update this information in your Tuvalum User account.

Tuvalum strives to establish identity verification systems, but cannot guarantee the accuracy of the data entered by Users. Tuvalum is not responsible for any content related to a user's identity that does not conform to the truth, for example: names, locations, photographs, profiles, addresses, payment data, or any information and content posted by Users anywhere on the website. In any case, the User will be solely responsible for any false or inaccurate statements made and for any damages, of any kind, caused to Tuvalum or third parties by the information provided.

1. Access to the User account

Once registration is complete, you will be assigned a User ID, which matches the email address provided in the registration form, and a personal access password that can be subsequently changed by the User. This information will be necessary each time you wish to log in, and they must never be shared with third parties or used by them.

If, as a User, you detect unauthorized use of your account or lose the access password to it, you must notify us immediately.

If a User does not remember the password to access their account, they may request a new password through the login form. Tuvalum will send the User an email with information so they can create a new password securely.

1. Types of User

You can register on Tuvalum as:

1. a) Private User: natural person
2. b) Professional User:  business owner or professional. 

You can only register as a professional User if you have a tax identification number (CIF or NIF) and have legal capacity to issue invoices.

Registering as a Professional User entails the obligation to provide a valid tax identification number and to issue invoices to those who purchase your products through Tuvalum's Websites. 

Tuvalum will not be responsible for the accuracy of such identification data nor for the tax and fiscal obligations arising from the sale or purchase of products by both private and professional Users.

1. Closure of a User account on Tuvalum

Tuvalum reserves the right to admit or exclude any User from the platform who does not comply with the rules contained in these General Conditions.

BUYING ON TUVALUM

Tuvalum offers the possibility to buy bicycles and other cycling equipment through its Website and, eventually, from other websites and applications with which it has a commercial relationship. To buy on Tuvalum, it is necessary to be registered as a User.

1. Obligations of the buyer

The Buyer who is interested in purchasing any of the items offered on Tuvalum's Website must expressly accept these Terms of Use in their entirety. Acceptance implies agreement with the price set by Tuvalum, any applicable taxes, and the shipping costs of the purchased item.

When you buy on Tuvalum you agree that:

• You are responsible for reading the full Product listing before making a purchase;
• You enter into a legally binding contract to purchase the Product, and
• When you buy a product you agree to provide Tuvalum with correct and truthful contact details, delivery address, and billing information, as well as to keep them updated at all times, with Tuvalum assuming no responsibility otherwise. The responsibility for providing correct data lies with the Buyer.

1. Order processing

All purchases must be made through the Tuvalum platform or any of its partners. Likewise, they can also be made physically in any of Tuvalum's or its partners' stores. When you place an order, Tuvalum will confirm the transaction at the end of the purchase process by email, SMS, phone call, or web notification through the Website's messaging service in your user account. This communication will serve as proof of the transaction carried out. We will also inform you about the shipment of your order.

During the purchase process, Tuvalum may offer you the possibility to contract value-added services. These services will be carried out by Tuvalum and/or by providers and third parties contracted by Tuvalum. The payment for these value-added services by the Buyer will be made during the purchase process on the Tuvalum Website.

1. Security and payment methods

Payment for Orders must be made through the payment methods and systems offered by Tuvalum on the Website. Tuvalum will inform the Buyer during the Order processing of the different payment methods available to make the purchase: credit card, Stripe, PayPal, bank transfer, financing through Aplazame and Cetelem, or others.

Payment processing will be carried out with all the security measures applied by the participating payment entities, and Tuvalum will neither retain nor store the Buyers' payment information in its systems.

Tuvalum ensures the security of all processes involved in the purchase of a Product. Therefore, the Website has SSL certificates (https) to guarantee safe browsing and a secure purchase process through the Website. SSL certificates guarantee secure and encrypted transmission of information over the Internet, since the transmission of data between services and the web User takes place in an encrypted manner without putting the information at risk.

As an additional security measure, and in order to prevent possible fraudulent operations, Tuvalum reserves the right to request information, confirmations and/or additional documents even after one or more previous purchases have been made, in order to confirm that they have indeed been carried out and authorized by the User. If the user does not respond favorably, the transaction may be automatically canceled for the user's security. 

As part of these verifications, it is possible to reject a Buyer's Order if the information provided by the Buyer contains deliberate errors and/or is fraudulent. By accepting these Terms of Use, all users accept this procedure for detecting fraudulent operations in order to guarantee the security of transactions.

1. Product Information

Tuvalum provides through the Website all the necessary information so that Users can know the characteristics, condition, and specifications of the Products before purchasing them. The descriptions and technical sheets of the Products contained on the Website are based on information provided by their respective manufacturers and/or by our suppliers.

All Products offered for sale belong to Tuvalum.

All Product Sheets include photographs of them. The purpose of the photographs is to provide the User with the most complete and accurate information possible about the appearance and condition of the Products, to the extent that technology allows. However, on occasion, the colors, shades, finishes, and/or dimensions—due to technical limitations arising from the use of certain types of devices or monitors by Users—may not exactly match the actual appearance and condition of the Products. The User therefore acknowledges that such photographs are for guidance only. In the event of any discrepancy between the visual information in the images and the written information indicated in the Product Sheet, the latter shall always prevail.

In the case of bicycles, it is possible that the photographs show extra elements and added accessories. For example: bottle cages, GPS device mounts, power meters, etc. All Users accept that these personal accessories are not they are included in the sale unless expressly indicated otherwise in the Product Sheet.

Tuvalum does everything possible to ensure that the information available on the Website is truthful, complete, and accurate, and is always up-to-date and free of errors. Therefore, in the event that there is any error regarding the price or characteristics of the Products and the User has based their purchase decision on such erroneous information, Tuvalum will inform them as soon as possible and proceed to cancel the purchase, refunding the Buyer the price paid for its acquisition.

1. Availability of the products

Tuvalum does everything possible to guarantee the full availability of the products offered at any time through the Website, and to fulfill all orders placed by Buyers.

However, it may happen that the Product for which an Order has been placed is not available after payment has been made. In that case, Tuvalum will inform the Buyer as soon as possible and will inform them of a new delivery period via email. If the Buyer does not accept it, Tuvalum will proceed to cancel the Order, refunding the Buyer any amount that may have been paid up to that moment. Tuvalum will not assume any responsibility or penalty for the possible unavailability of the products and the Buyer will not demand any compensation for this beyond the refund.

1. Product Prices

The prices shown on the Website for European Union countries already include the VAT that may be applicable, so the User will not have any additional charge, beyond the shipping costs specifically detailed on each Product Page.

Tuvalum reserves the right to modify at any time the prices of the Products, as well as the shipping costs, available on the Website. In any case, such changes will not have retroactive effects nor will they affect purchases made before the modification. The price and shipping costs applicable to purchases will be those in effect at the time the User places the Order.

1. Shipping of Orders

Tuvalum will be responsible for managing the contracting of the Product shipping service through a company or logistics provider of its choice. To guarantee an optimal and secure service, Tuvalum works with top-level international transport agencies. Tuvalum will be responsible for making the corresponding payment to said transport agency, exempting you from having to make any additional payment at the time of delivery of the order to said company.

In order to optimize the delivery process, the address indicated by the Buyer for receiving their order must be an address where delivery can be made within normal business hours (Monday to Friday from 9am to 8pm). 

Tuvalum will not be responsible for costs or incidents arising from the impossibility of making the delivery due to causes attributable to the Buyer (recipient absent at the indicated address on the scheduled delivery date, errors in specifying the delivery address, etc.); the Buyer must bear the additional transportation costs that may be generated as a result of these situations.

Likewise, the Buyer must provide their phone number in the corresponding form during the purchase process (it is recommended to provide a mobile phone number), in order to be contacted by the courier company in case no one is found at the address of delivery.

In accordance with the regulations governing postal services, any person who is at the indicated location, provides proof of identity, and takes charge of the items shall be considered authorized by the recipient to receive the shipments at the place specified by the user, unless there is a prior express written objection from the recipient.

Additionally, Tuvalum may offer Buyers the option to collect their Orders at convenience points provided by partner companies. The delivery times and conditions at these convenience points may vary at any time and are the sole responsibility of the partner companies.

2.7.a Shipping to countries outside the European Union

During the purchase process on the Website, Tuvalum will show the User the countries and postal codes that are covered by its Service within the European Union. For purchases and deliveries outside the European Union, Buyers must contact our customer service department.

The shipment of Products to a destination country outside the European Union will be the responsibility of the Buyer. In such cases, the price of the Products does not include potential customs duties, import taxes, and/or tariffs that may apply in international sales with destinations outside the European Union.

Such potential additional charges will be the sole responsibility of the Buyer and their amount will depend mainly on the value of the Product and the regulations of the Buyer's country of residence (country of delivery).

In these cases, Tuvalum may inform the Buyer of the estimated amount of such potential charges, but only as a guideline. It is the sole responsibility of the Buyer to confirm with the national authorities of their country any possible restrictions or limitations on importation, as well as any applicable taxes, tariffs, and/or duties.

2.7.b Delivery times

After purchase confirmation, Tuvalum will manage the collection and shipment process of the Product to the address indicated by the Buyer during the purchase process. To carry out shipments and ensure an optimal and secure service, Tuvalum works with top-tier international transport agencies.

Tuvalum undertakes to inform the Buyer at all times of the shipping status of their Order, as well as to set a maximum shipping date of thirty (30) calendar days.

As a general rule, unless otherwise properly and duly informed to the Buyer, the average delivery times are:

• Shipments to Spain and Portugal: between 2-3 working days
• Shipments to France and Italy: between 4-5 working days
• Shipments to Germany: between 5-6 working days
• Shipments to the rest of the EU: between 6-7 working days

In any case, Tuvalum will provide the Buyer with the necessary information to track the order at all times.

2.7.c Receipt and verification of an Order

The Buyer must verify (or have the person receiving the Products on behalf of the Buyer verify) the apparent condition of the packaging and the Products upon receipt, before signing the delivery note given by the carrier.

If an obvious anomaly is detected (missing Products, damaged package, broken Products, etc.), the Buyer or their representative must indicate on the delivery note precisely the number of packages and/or Products missing and/or damaged, as well as a detailed description of the observed damage (open or torn packaging, Product damaged or not received, etc.). In such case, it is essential that the Buyer takes photos of the condition in which the package was delivered and keeps all items in the condition in which they were delivered (that is, with all their accessories, the rest of the items received with those Products in their original state, and the sealed product sheet), and must notify Tuvalum within a maximum of 48h from receipt.

In the event that more than thirty (30) calendar days have passed since the purchase of the Product without the item being delivered to the Buyer, the Buyer must report it. Tuvalum will open a process to determine the cause of the delivery delay. If this delay is due to an error, malpractice, or improper handling by the courier company, Tuvalum will file the appropriate claims with them.

If an item is lost, stolen, or goes missing during the shipping process after being collected by the transport company and entering its chain of custody, Tuvalum will proceed to refund the full purchase amount to the Buyer. For this, the Buyer must provide Tuvalum with an account number, including the IBAN code, in their name. Tuvalum will make payments to those accounts within fourteen (14) business days from the confirmation of loss. If the item is eventually recovered, the Buyer will be informed of such circumstance so that they may request its delivery or return respectively upon repayment to Tuvalum of the amount received.

In case of loss, misplacement, or theft of the item during shipping, given Tuvalum's commitment to refund the Buyer, the Buyer expressly waives any right to demand any kind of compensation, granting Tuvalum the authority to make the relevant claims and take legal action against the transport company for the loss of the item.

1. Warranties

To guarantee the quality of the Service, Tuvalum carries out a thorough process of inspection, reconditioning, and quality control of the bicycles sold.

2.8.a Warranty of Products sold by Tuvalum

The bicycles sold by Tuvalum are guaranteed against manufacturing defects in materials or assembly. In the case of a defective product, Tuvalum will proceed, as appropriate, to repair, replace, reduce the price, or terminate the contract. Repairs covered by this warranty will be carried out by Tuvalum or distributors authorized by Tuvalum. Any repair or manipulation carried out directly by the consumer or by a third party without Tuvalum's authorization will result in the cancellation of the warranty.

In the case of second-hand Products (all those not expressly stated to be New), the warranty will be twelve (12) months from the date of receipt of the Product by the Buyer. Except for new Products, whose warranty will be three (3) years in accordance with the provisions of the Consumer and User Law, or failing that, the warranty granted by each manufacturer for their products. In order to apply the original brand warranty, the product must have been previously registered according to the manufacturer's instructions.

To request assistance and enforce the warranty, the Buyer must contact Tuvalum's customer service department through the incident form (here), providing the corresponding proof of purchase or invoice for the Product and detailing the reasons for their request.

The Buyer must inform Tuvalum of the lack of conformity within a period of two (2) months from the time you became aware of it.

Once the incident has been evaluated, and if applicable, Tuvalum's customer service department will inform the Buyer of the procedures to be followed for the repair of the Product, under the terms and conditions provided for in the applicable legislation.

Transportation costs will be borne by the Buyer.

1. Warranty Conditions.

The warranty covers manufacturing and assembly defects that the product may present at the time of purchase, and it is the responsibility of the Buyer to provide the necessary documentation to justify and prove this point. Hidden defects that may appear in the frame are included, such as cracks, deformations, and breakages due to stress and/or fatigue of the materials or structural defect during the coverage period. The structure of the forks is covered by the frame warranty. 

Any other damages or defects that the product may present, regardless of the cause, are excluded from the warranty. 

This warranty does not cover under any circumstances the maintenance of suspension forks, transmissions, or braking systems, being limited to manufacturing defects, hidden defects, and breakages due to stress and/or fatigue of the materials. 

In the case of electric bicycles, Tuvalum's warranty covers repairs of electrical and electronic failures of a fortuitous and unforeseen nature and of internal origin for the normal operation of the bicycle, provided that these are not related to normal wear and tear from use or improper maintenance. Please note that the bicycle battery is a consumable product subject to wear from use. The warranty for batteries and motors, in second-hand electric products, will be 6 months. 

The warranty does not apply in the following circumstances:

• Discoloration of the paint caused by prolonged exposure to UV rays (ultraviolet light) from sunlight, which is not considered a manufacturing defect.
• Use of or contact with harmful chemical or cleaning products (including alcohols on surface treatments of the display), or a source of intense heat.
• Cosmetic damage and possible functional defects caused by normal wear and tear (scratches, scuffs, bumps, dents, etc.).
• Wear or corrosion of materials due to external agents, such as moisture, light, sweat, or others.
• Damage, including breakages and cracks, resulting from the handling, disassembly, or assembly of accessories and parts. It is likely that some components, such as crank arms, seat posts, bottom brackets, etc., may rub or become stripped if not assembled carefully and with the proper tools.
• Damage, breakages, cracks, and/or defects due to accidents, misuse, or negligence. To the extent permitted by law, indirect and accidental damages are not covered by this warranty.

The warranty also does not cover potential cosmetic or functional defects that were already known to the Buyer at the time of purchasing the bicycle and were reflected in the advertisement description.

All parts and components subject to wear such as handlebar tape, O-rings, cups, bearings, seals, threads, brake pads, brake pads, brake discs, tires, bushings, reducers, chain, chainrings, cogs, spokes, pulleys, handlebar tape, tubulars, tubes, cables, trims, screws, saddle upholstery, freehubs, and any other consumable elements that are subject to wear due to use are exempt from the warranty. This list of elements is merely illustrative and not exhaustive in no case.

Tuvalum will not be responsible for damages caused by accidents or as a consequence of improper use or maintenance. This means, for example, that if the bicycle frame breaks due to a fall or impact, we will not cover its repair or replacement. That is why Tuvalum always recommends following the Maintenance instructions provided by the manufacturers.

For all bicycles with any electronic component, it is the buyer's responsibility to keep them updated with the new versions available.

Tuvalum reserves the right, in case of any doubt, to request justification of the maintenance performed.

Due to the inherent danger of using a bicycle on any terrain and under any circumstances, and the physical risks that may result from its use, this warranty refers only to the replacement of non-compliant physical components, and does not cover under any circumstances personal injuries that may result directly or indirectly from their failure during use. In the event of an accident, regardless of its direct cause, Tuvalum's warranty is completely void.

The warranty does not apply in any case to breakages or defects resulting from negligent use of the bicycle, the installation of accessory parts not originally supplied at the time of purchase, or improper handling and maintenance operations by the buyer or any third party on their behalf.

The warranty does not cover theft, loss, or simple disappearance of the bicycle or any of its parts, components, and accessories.

2.9.a Maintenance recommendations

Muscular bicycles. Tuvalum recommends:

• After each ride, clean and lubricate the chain and gears.
• Clean the brake discs weekly.
• Check tire pressure, always maintaining the pressure recommended by the manufacturer.
• Check brake pad wear monthly.
• Top up tubeless fluid every 6 months (if the bicycle is tubeless).
• Check the chain and transmission approximately every 2000 km.
• Have the suspension checked every 100/200 hours, and consult the manufacturer.

Lastly, we recommend having your bicycle serviced 2 to 3 times a year (to check pad wear, discs, transmission, and perform a deeper lubrication of the bicycle).

Electric bicycles e-bikes. Tuvalum recommends, in addition to all of the above:

• Check that the connection protectors are properly closed after charging to prevent possible water leaks.
• Avoid pressure washing the bicycle whenever possible.
• Replace the chain every 800 km (as recommended by manufacturers).
• Install a reinforced chain specifically for electric bikes.
• Set up tubeless wheels to maintain correct pressure and have better grip.
• Follow the manufacturer's battery care and maintenance recommendations.

2.9.b Warranty claim process

To request assistance and enforce the warranty, the Buyer must contact Tuvalum's customer service department by email (hola@tuvalum.com) within the warranty validity period, providing the corresponding purchase invoice and detailing the reasons for the claim. The Buyer must inform Tuvalum of the lack of conformity within two (2) months from when they became aware of it. Unless proven otherwise, it will be understood that the consumer's communication has taken place within the established period.

The Buyer must keep the original invoice or delivery note as proof of purchase.

For the warranty to be approved, the bicycle must have the serial number visible

In order to properly assess the issue, before proceeding with the shipment of the bicycle, Tuvalum will request the Buyer to provide clear and color photographs that allow the extent of the issue to be seen. The Buyer's refusal to send photographs that allow the issue to be appreciated, as well as sending blurry, out-of-focus, dark, low-resolution images and/or images that do not clearly show the issue, will immediately void any warranty claim.

Once the issue has been evaluated, Tuvalum's customer service department will inform the Buyer of the steps to follow for the repair of the bicycle, under the terms and conditions provided in the applicable legislation.

Shipping costs will always be borne by the Buyer, with Tuvalum reserving the right to request the shipment of the product for evaluation and assessment. For this reason, we recommend keeping the original packaging. If the Buyer does not have the original packaging, Tuvalum may provide a box with packing material and a home pick-up service, which will be paid for by the Buyer.

Tuvalum reserves the right to repair, replace the claimed product, or issue a purchase voucher at Tuvalum, and its final decision is binding.

Tuvalum will cover the repair costs of the frame and/or fork, including parts (original or of similar characteristics), labor, and taxes carried out by Tuvalum or by a workshop designated by Tuvalum, provided it is proven that the problem is due to a manufacturing defect or hidden material flaw. In the case of repair, it will be the responsibility of the professional designated by Tuvalum to make the assessment and determine which parts are similar (with the same technical characteristics).

If the repair cost is superior to the product's depreciation limit or if repair is not possible, a purchase voucher at Tuvalum will be issued. The bicycle will become the property of Tuvalum and the warranty will end. The depreciation limit will be equivalent to seventy percent (70%) of the price paid by the Buyer, excluding shipping costs and any other added extras, at the time of purchasing the bicycle at Tuvalum. For example, if the purchase price of the bicycle was one thousand euros (€1,000), the depreciation value will be seven hundred euros (€700). This means that if repair is not possible or the cost of repair exceeds this amount, the Buyer will receive a purchase voucher at Tuvalum for the value of 700 euros.

If fourteen (14) calendar days pass without receiving any information or response from the user during the handling of an issue, it will be considered definitively resolved. No claim or reopening of the same may be made.

Returns and right of withdrawal

It should be noted that Tuvalum is not responsible for improper assembly by the Buyer. All bicycles undergo a quality test and are inspected before being sent to the Buyer. This means that if a Buyer receives components to assemble a bicycle, such as bottom brackets, cranks, pedals, seat posts, etc., and when assembling them, it is not done carefully or with the appropriate tools, the components may rub, become stripped, or wear out. As we have said, improper assembly of these components is the responsibility of the Buyer.

The Buyer is solely responsible for the deterioration of the Product as a consequence of handling that exceeds what is necessary to to establish the condition, characteristics, and proper functioning of said Product. The returned Product must be in the same condition in which it was delivered to the Buyer.

The use of the Product should not go beyond the mere verification of its good condition and functioning. Otherwise, the Product may suffer a depreciation of its original value. In such a case, the Buyer agrees that Tuvalum reserves the right not to accept the return of the Product or to refund the Buyer, deducting any amount as a consequence of the damages caused to the Product (if the damage occurred after the Product was sent to the Buyer).

Tuvalum is a company committed to the environment and sustainability. That is why we always recommend keeping the original packaging, not only because it can be reused at any time by the buyer for personal use (for example, to send their bike from here to there) but also to use it in case of possible returns or application of the trade-in plan and/or buyback guarantee.

In case the original packaging is not available, and it is necessary to send any product to Tuvalum, Tuvalum reserves the right to send another packaging kit at the buyer's expense.

At Tuvalum we consider two (2) types of returns:

1. Returns due to issues

If the Product purchased does not match the description advertised, or is a different Product than indicated in the Website ad, the Buyer may terminate the contract and request a refund.

These differences from what was advertised must be explicit, clear, and unequivocal. The Buyer must notify Tuvalum within a maximum period of thirty (30) calendar days from the date of receipt of the Product by email, and must send the Product to Tuvalum within the timeframes and conditions established by the company for this purpose given the particular circumstances of the case.

The Buyer must explain the reasons why the Product does not match the description of the Product Sheet and/or does not comply with these General Conditions. In addition, detailed photographs must be attached to support their claims.

Tuvalum will inspect the Product in order to determine whether or not it matches the description of the Product Sheet and these General Conditions.

1. Returns due to withdrawal

In the case of Products purchased from Tuvalum, when a Buyer is a private individual and resides in the European Union, the Law recognizes the right to withdraw from their purchase within a period of thirty (30) calendar days from the day the Buyer or a third party indicated by them (other than the carrier) receives the purchased product or from the last product purchased in the event that they have chosen to receive several packages from the same Order.

During this period, the Buyer may exercise their right to cancel the Transaction with Tuvalum, without having to justify the reasons or pay any penalty. The Buyer may exercise their right of withdrawal even before receiving the Product.

To exercise the right of withdrawal and proceed with the return of the Product, the Buyer must notify Tuvalum in writing of their decision, specifying all the necessary information to manage the return of the Product (identification and contact details, date of purchase and delivery of the Order, description of the Product or proof of purchase, etc.).

To do this, you must fill out the following form (here).

Once the aforementioned period of thirty (30) calendar days has ended, Tuvalum will not accept returns due to withdrawal.

Once Tuvalum has been notified of your desire to withdraw from the purchase, the Buyer must proceed to return the Product without undue delay and, in any case, within fourteen (14) days following the date of communication of the withdrawal. Exercising the right of withdrawal will entitle the Buyer to request a refund of the price paid and the initial shipping costs, if any. However, the Buyer must bear the direct cost of returning the Product to Tuvalum.

In any case, the Product must be returned in the same condition in which it was delivered, along with all documentation or accessories delivered to the Buyer. Likewise, a copy of the delivery note you received with your order and the completed withdrawal form, which can be downloaded here, must be included. Similarly, if the Product is not returned in the same original packaging in which it was sent, it may suffer a depreciation of its original value. The use of the Product must not go beyond merely checking its good condition and functioning. If this is not the case, the Product may suffer a depreciation of its original value.

Tuvalum will not accept returns that do not comply with the provisions of applicable legislation, nor when there are clear signs of use by the Buyer (beyond what is necessary to check the characteristics and functioning of the Product) or when the Product is returned with damage that it did not have when delivered to the Buyer.

When we receive the Product in our warehouse and it is verified that it meets the above conditions, the total amount you paid for your purchase will be refunded within a maximum period of 7 working days.

The costs derived from sending the bicycle to Tuvalum will be borne by the Buyer. 

LIMITATION OF LIABILITY

When you buy or sell on Tuvalum, users (both Buyers and Sellers) declare that they accept the exclusive use of the channels provided by Tuvalum to establish contact, negotiations, transactions, and shipments.

Tuvalum strives to provide a comfortable and secure buying and selling system for Buyers and Sellers, including secure payment and collection processes and shipping systems. Tuvalum is not responsible for the improper use that Buyers and Sellers make of its services. For example, if you ship a bicycle without following the packaging instructions or materials provided, Tuvalum will not be responsible for any damage that may occur during shipping, this being the responsibility of the Seller.

Likewise, economic transactions and shipping methods must always be carried out in accordance with what is established by Tuvalum. If you make a payment by other methods or send the item through a channel other than those provided on the Website, you expressly waive the protection, security, and claims systems that Tuvalum establishes in these terms of use.

Tuvalum cannot guarantee that the service offered is always available. Access to the Website may occasionally be interrupted or restricted due to maintenance tasks or the introduction of new services and functionalities. Tuvalum will try to limit the frequency and duration of such interruptions. 

The Website may also experience failures and interruptions of the service due to causes beyond the control of Tuvalum or due to unforeseen circumstances and/or force majeure, such as viruses, cyberattacks and/or actions by third parties that make it totally or partially impossible to provide the services, as well as other unforeseeable causes such as the malfunctioning of the Internet.

Consequently, the use of online content is at the sole responsibility and risk of the User. In the course of using our Website and services, Tuvalum will be fully liable for damages caused intentionally or by gross negligence by Tuvalum or through its legal representatives, employees, or agents. Furthermore, liability for damages caused by slight negligence is limited to those typically expected. In the case of insignificant unintentional damages, Tuvalum will have no liability whatsoever. The above limitations will not apply to damages resulting from injury to life, body, or health and other intentional damages. Where Tuvalum's liability is excluded or limited, it will also be limited for employees, representatives, and agents.

Tuvalum will in no case be responsible for the operation and/or data protection policy or other terms contemplated on other websites that may be accessed through the inclusion of a link on the website, nor for the contents, services, or products offered from them, unless such other sites are owned by Tuvalum.

The hyperlinks contained on the Website may lead to third-party websites. Tuvalum includes them to facilitate user navigation, and in no case assumes responsibility for the content, information, or services that may appear on such sites, which are exclusively for informational purposes and in no case imply any relationship between the aforementioned third party and Tuvalum.

Access, contracting, and use of the products offered by Tuvalum require a computer, tablet, mobile phone, or IT equipment and an Internet connection. The costs associated with these elements are not included in the prices described in these legal terms.

Tuvalum exercises the utmost diligence in implementing security measures; however, it assumes no responsibility in relation to the safekeeping and proper use of passwords to access the website, which will be the exclusive responsibility of the user.

TAX ASPECTS

Users are the sole and exclusive parties responsible for complying with their tax obligations, as applicable, and agree to hold Tuvalum harmless in the event of failure to comply with such obligations.

LICENSE

Subject to compliance with these Terms of Use, Tuvalum or its providers grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform for the execution of the services provided by Tuvalum. 

This license does not allow you to perform any of the activities described below, and you agree that failure to comply with any of the following limitations will constitute an infringement of Tuvalum's rights:

1. you may not sell, license, or assign the Tuvalum Platform or any reproduction or modification thereof to any person or entity;
2. you may not develop, distribute, or host any server or software designed to interact with the Platform or to redirect or emulate the communication protocols used by Tuvalum;
3. you may not modify the Platform or any of its parts and/or contents;
4. you may not copying, translating, reverse engineering, obtaining the source code, modifying, disassembling, decompiling or creating derivative works of the Platform or any part thereof, nor allowing or authorizing third parties to perform such activities
5. you may not develop, distribute or use any third-party program designed to affect the user experience of the Platform.

The license granted under these Terms does not confer ownership of the Platform, as it shall not be interpreted as a sale of any rights thereto. All rights, titles, and interests in the website are owned by Tuvalum.

Consequently, you acknowledge that Tuvalum is and will remain the owner of all rights to the Platform. This Platform is protected by Spanish and EU intellectual property laws, international treaties, and any other applicable legislation.

Tuvalum assumes no responsibility for the intellectual or industrial property rights of the content that product Seller users include in their ads. By accepting these Terms of Use, Sellers agree not to publish images protected by copyright in their advertisements. The responsibility for publishing such images lies with the Seller user, and not with Tuvalum. The User grants Tuvalum, free of charge, the unlimited right to reuse online and offline the content transmitted to the Website, as well as the data of the Products and the photos taken and related to them. This means that Tuvalum may use the photographs of the Products offered for sale by Users for commercial and advertising purposes, for example, to create ads on digital platforms.

INTELLECTUAL AND INDUSTRIAL PROPERTY

1. Industrial Property

The distinctive signs (graphic and denominative) that appear on this website are the exclusive property of Tuvalum or, where appropriate, of third-party owners who consent to their use by Tuvalum. Consequently, the use of the trademarks or trade names that appear on the Platform in economic transactions by Users without having obtained the proper authorization is prohibited.

1. Copyright

The contents, texts, photographs, designs, logos, images, sounds, videos, animations, recordings, source codes, and, in general, any intellectual creation existing on the Platform, as well as the Platform itself as a whole as a multimedia artistic work, are protected as copyrights by the current intellectual property legislation.

The reproduction, storage (except that necessary for loading the Platform in the browser or temporary storage), transformation, distribution, public communication, making available to the public, and in general any other form of exploitation, by any means or procedure, of all or part of the contents subject to Tuvalum's rights is prohibited, except with prior and express authorization.

Likewise, any process that affects or uses the Platform's source code is prohibited, including those aimed at its exploitation, modification or even the circumvention, alteration, or elimination of the security systems it has implemented.

1. Domain Names

In the same sense as stated in the preceding section, the domain name tuvalum.com is the exclusive property of Tuvalum. Its improper use in economic traffic would constitute an infringement of the rights conferred by its registration and will be prosecuted by the means provided for in the Law.

If you detect any infringement, we kindly ask you to notify us at the indicated email address.

APPLICABLE LAW AND JURISDICTION

These Conditions are governed by Spanish law and any dispute regarding the validity, interpretation, execution, or termination of its provisions, or concerning disputes about products purchased through the Website, shall be submitted to the jurisdiction of the Courts and Tribunals of Valencia (Spain). 

8.1 In any case, if the User is considered a “consumer,” nothing in this clause shall affect or limit the rights that, as such and in this area, are granted in accordance with the legislation in force at any given time. Furthermore, we remind you that you can access the European Union’s online dispute resolution platform through this link: http://ec.europa.eu/consumers/odr/ 

8.2 Without prejudice to 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 and conflict resolution bodies.