TERMS OF SALE
1. Objet and General Terms
These General Terms and Conditions For Trading, together with the specific terms and conditions that may be established, regulate the terms of contract through the website www.ridegemini.com, ownership of GEMINI COMPOSITES, S.L. (hereinafter referred to as “GEMINI”.)
These general terms and conditions are applicable to consumers and users defined as such in the applicable legislation and shall be valid for an unlimited period of time.
GEMINI reserves the right to amend, at any time without prior notice, the presentation and configuration of the website – even regarding the prices, the specifications, the equipment, the models, colors and material –, as well as these general terms and conditions, without affecting the goods and services procured prior to the amendment. Users will always have these terms and conditions in a visible place, freely accessible for as many consultations as they might want to do. Users agree to carefully read these terms and conditions each time they access the store on the website in order to revise their conformity with their content. In any case, the acceptance of these general terms and conditions will be and essential preliminary step for the procurement of any products available on the website.
To ensure their completeness and appropriateness to the consumer and user rights, these general terms and conditions are set according to the Spanish legislation, in accordance with the provisions of the Act 7/1998, 13 April, on General Terms and Conditions for Trading; the Act 7/1996, 15 January, on the Regulation of Retail Trading; the Civil Code, the Royal Legislative Decree 1/2007, 16 November, approving the Revised Text of the General Act for the Protection of Consumers and Users, and other complementary laws, together with their implementing regulations.
In general, the services and contents offered on this website will be available in multiple languages, but the Spanish version shall be the main one and shall prevail in the event of any ambiguity or conflict, without prejudice to the use of other languages, subject to GEMINI. GEMINI is not responsible for the users’ lack of understanding of the language on the website, or for its consequences.
If any of these provisions is declared null, invalid or ineffective, in whole or in part, this shall not affect the validity or effectiveness of the remaining ones, which shall continue to be binding on GEMINI and the user. The waiver by any of the parties (GEMINI and/or the user) to demand at any given time the compliance of any of the conditions stipulated herein will not imply a general waiver to comply with the other conditions, nor will it give the other party any more rights.
2. Capacities and Conclusion of the Contract
The acceptance of this document implies that the user has read, understood and comprehend its contents, that it is a person with sufficient capacity to make use of the services and that assumes all the obligations hereof.
Only persons over 18 years of age will be able to process requisitions through GEMINI. Otherwise, the responsibility for orders placed by users younger than the above age shall be placed upon their parents, guardians or legal representatives. The user making use of the online store guarantees that he or she is at least the stated age, as well as the accuracy of all the data provided to GEMINI at any given time. In any case, the user will be solely responsible for any false or inaccurate information and the damages caused to GEMINI or to a third party due to the information provided.
Photographs, graphic or iconographic representations and videos concerning GEMINI products, as well as trade names, trademarks or distinctive signs of any kind included on the website are intended to provide as much information as possible to the consumer. However, the user must take into account that their purpose is to work as guidance. Thus, they are not intended to be exhaustive.
The contract may be formalized in any of the languages available on the website.
GEMINI reserves the right to accept or reject any purchase request on the website www.ridegemini.com, or even cancel the purchase contract after the automatic order confirmation, in the event of, including but not limited to, the following situations:
- The product is not available.
- Your billing information is not correct or verifiable.
- We have reasons to believe you are under 18 years of age.
- We have reasons to believe you are a distributor.
- There was an error on the price offered.
- We were unable to make the delivery to the address provided.
3. Customized Products
Through the website of GEMINI, you will be able to modify some features in some of our products to make them more personal, in terms of color combinations or by adding letters, numbers and symbols to form a name, word or a sentence. Please, refrain from using inappropriate expressions. In this regard, GEMINI reserves the right to remove any inappropriate word, as well as the use of trademarks.
Thus, all those names, words or sentences included in the following categories can be subject to being rejected by GEMINI:
- Names of products, services, companies, organizations or events belonging to a third party.
- Names or nicknames of public figures (past or present.)
- Names, words or sentences that violate or might lead to the violation of the rights of third parties, including but not limited to, trademarks and other intellectual property rights of third parties.
- Names, symbols or sentences involving threats, inciting violence, defamatory, obscene, discriminatory, provocative, sexually explicit or otherwise illegal.
- Names, words, symbols or sentences otherwise unacceptable.
This rejection would mean that you order was cancelled, unless the customer provides some other alternative not included in the previous section.
Insofar as the order includes customized products, that is, made to the consumer or user’s specifications, or clearly personalized, the customer will not have a reflection or withdrawal period, in line with the provisions of article 103.c) of the General Act for the Protection of Consumers and Users.
4. Purchase System
To proceed with the purchase of the product, the user shall:
- Select the product that you wish to purchase.
- Select the “PURCHASE” option.
- Select the desired details of the product and add it to the shopping basket. Then you can choose between continuing shopping and proceeding to checkout.
- Once the selection of products to purchase has been completed, the user shall go to the shopping basket to process the order, selecting “Proceed to checkout.”
- Then, fill out the appropriate form including all the information necessary so we can properly process the service you requested. You will be able to choose between making your payment either by credit/debit card, or by bank transfer.
- To confirm your order, you must click on the “Checkout” icon. The payment will be safely made using a secure payment gateway.
This payment gateway will ensure the privacy of your information, as well as the safety of your data, which will not be processed, in any case, by GEMINI, during the purchase process. Using this payment system, when it manages to connect with your bank, you will be asked to give your card details, as well as a personal 4-digit PIN as an additional security measure. Through this system, the owner of the card is identified, since it is a number that the bank privately sends to the user, without it appearing on the card. Your bank will be responsible for providing you with that data to be able to complete the transaction.
Once the purchase process has been completed, GEMINI will send an email confirming the receipt of the order to the email address provided by the user, containing all the details of the purchase.
If the payment is made by bank transfer, only the exact amount stated in the order confirmation is transferred, using the unique reference number appearing on the order confirmation. Bank transfers can take as long as 5 days to become effective. The order will be processed on the working day following the date on which we have received payment.
5. Prices and Shipping
The prices of the products listed on the website include legally applicable VAT. This price does not include shipping costs, which will be added in the purchase summary, before payment.
The orders shall be processed by the website, where the user will be informed of the exact amount for each order, including all additional costs, before completing each purchase.
Free shipping will be offered on all the orders exceeding EUR 150 within Europe.
Free shipping will only be available for standard deliveries in those cases where there are different delivery methods. In addition, the value of minimum order shall be that obtained after applying any discount (if it was available) and before adding the shipping costs and taxes. GEMINI reserves the right to modify or eliminate the offer of free shipping at any time.
The estimated delivery time of the order and the price of it, in those cases in which it should be paid, will depend on the territory where the product is sent. The order will be processed on the working day following the date on which we have received payment. From this action, carried out within 24 hours within the terms stated above, the delivery time shall be computed, as indicated during checking out. In case the delivery time is longer, GEMINI will accordingly inform the purchaser of the new delivery time.
|Destination||Estimated Delivery Time||Price|
|Iberian Peninsula (Spain and Portugal)||24/48 hours||SP € 5 / PT € 8|
|Balearic Islands||2-3 days||From € 7|
|Canary Islands, Ceuta and Melilla||Standard Shipping 7-10 days||€ 13|
|Express Shipping 2-3 days||€ 20|
|Europe||Standard Shipping 2-5 days||From € 27|
|Express Shipping 1-2 days||From € 32|
|North America and Central America||3-4 days||€ 38|
|Africa||3-4 days||€ 81|
|South America||5-6 days||€ 54|
|Asia||6-7 days||€ 54|
In the sections where “From” plus a specific amount is indicated as the price, it will vary depending on the country that the order is to be sent. In any case, the exact amount will always be indicated before completing the checkout process. These delivery dates are for guidance only, subject to the conditions laid down for each individual country, to the contingencies that might arise in the transport company designated for that purpose, and to potential delays due to customs.
The goods described on the website will be available for sale while stocks last. GEMINI reserves the right to accept the pre-order of a specific product under conditions of stock outs and anticipation of upcoming availability.
If, due to exceptional and extraordinary circumstances, a product cannot be provided to the customer after the purchase has been completed, GEMINI shall immediately transmit the user this information by email or telephone (if it has been additionally provided), offering the possibility of full cancellation or, where appropriate, partial cancellation of the order. In the case of an incorrectly priced product or products, we will also transmit the user this information as soon as possible, offering the possibility of confirming the order with the correct pricing, or the full or partial cancellation of it, as appropriate. If we were not able to inform the user about these circumstances, the order will be cancelled – similarly, it will be done partially or totally, as appropriate – and the user will get full reimbursement of the amounts paid. Partial cancellation of the order does not give any right to cancel the total order, without prejudice to the exercise of the right of withdrawal corresponding to the user, in compliance with what is stipulated within these general terms and conditions.
The discounts and promotions offered by this website shall be valid only during the period of time scheduled in them, and subject to the conditions and limitations established in them.
The orders shall be delivered to the address given freely by the purchaser, entered into the purchase form. Thus, GEMINI accepts no responsibility if the delivery of the product does not take place as a result of having been given false, inaccurate or incomplete information by the user, or when the delivery cannot take place due to reasons beyond the transport company.
GEMINI takes the measures required to a diligent retailer and tries to ensure that the delivery of the product is made in time, and if not, as soon as possible. Thus, no liability shall be established against GEMINI.
The purchaser will be able to check the estimated date of the order delivery on the order confirmation email. The delivery time of the good will always be under 30 days. In line with the provisions of article 66 bis of the General Act for the Protection of Consumers and Users (Ley General para la Defensa de los Consumidores y Usuarios,) if the delivery of the order takes longer than the initial agreement, the customer will be informed of the new delivery time, adapted to the circumstances, therefore, the purchaser will be informed of any delay in the good delivery. If the good is not delivered in this additional period, the consumer and user will have the right to avoid the contract. However, to the extent allowed by law, we will not be liable for any loss, costs, damages or charges arising from this delay or as a result of it.
When you place and order for GEMINI products to be delivered in a country not belonging to the European Union, you could be forced to pay certain amounts to customs for import duties and taxes, which will be charged to you at the time your package reaches its destination. These amounts are not included in the price displayed on our website. Any additional amounts as a result of customs clearance will be borne by the purchaser. These expenses will be required when the shipment reaches its country of destination. Hence, GEMINI does not have any control whatsoever over these costs and cannot predict what they may be. Customs policies vary widely from country to country, so please contact your local customs office for further information. Also, remember that when you place an order to GEMINI from abroad, you will be officially and legally considered as an importer and, due to that, you shall comply with the legislation applicable in the country where you receive the product.
In addition, for further information about your order, you can contact us via our contact form, or via our email address firstname.lastname@example.org.
If you ever mistakenly receive an item that you have not ordered, please let us know right away via our contact form, or via our email address, email@example.com.
Right of Withdrawal
In accordance with the article 71 of the Royal Legislative Decree 1/2007, 16 November, approving the Revised Text of the General Act for the Protection of Consumers and Users, the purchaser can return the product giving no reason, exercising your right to withdraw from the contract, within 14 calendar days after it being delivered to your home.
The withdrawal period will expire after 14 calendar days from the day you or a third party appointed by you, other than the carrier, acquired the material possession of the goods.
In order to return any product, it must be under the same conditions as when it was delivered, unused and with its original packaging and labeling. All goods must be returned in their original packaging and seal, with all their accessories, in perfect condition and protected. Otherwise, GEMINI reserves the right to reject the return.
If you wish to return the product, it should be sent to the address Camí del Mig, 25, 1-2, Cabrera de Mar, 08392, Barcelona, after filling out the form that you can find in the section Returns, indicating the order number in particular, so that it is possible to correctly associate the product received with your transaction, in order to reimburse the amount you paid. For the same purpose, we absolutely require that a copy of the purchase invoice is attached to the package by the customer. Otherwise, the reimbursement period might be extended. The payment of the reimbursement shall be made using the same method used for the purchase – unless otherwise explicitly stated by the purchaser –, in any case, and without undue delay, within a maximum period of 14 days starting the date on which the notice of withdrawal is sent, including the initial shipping costs. In any case, the consumer shall not incur any costs from the refund transaction of the amount paid. If the consumer has expressly opted for a delivery method other than the regular delivery method and less costly, GEMINI shall not be required to reimburse the resulting additional costs. GEMINI may withhold the reimbursement until we have received the goods back, or the consumer and user have supplied evidence of having sent back the goods, whichever is the earliest. In that case, the reimbursement shall be made once we have received the goods at GEMINI and after making sure they are in the conditions stated above. The reimbursement will not include the direct costs incurred for the return, in accordance with the article 108.1 TRLGDCU (the Royal Legislative Decree 1/2007, 16 November, approving the Revised Text of the General Act for the Protection of Consumers and Users.)
If the reason for the return is a defective product, the full amount shall be refunded, including the cost of the return shipment.
In case of a defective product, the user shall also indicate the specific damages in the product in the notice of withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
GEMINI reserves the right to evaluate the reason for return, since we shall not reimburse the amount if the item has any defects caused after being made available to the customer and by the fault or by the negligence of the customer. If return fails to comply with the terms stipulated, the customer shall not be entitled to any refunds.
Changes of products
Products can only be returned in exchange for a refund. If you wish to change the item received for another as an alternative, you shall place another order.
Conditions for Customized Products
For some models, GEMINI offers the possibility of customizing the design of our products. The exclusive customization of those products means that returns cannot be accepted, with the exception of the cases where they have manufacturing defects, in accordance with the article 103.c) of the Royal Legislative Decree 1/2007, 16 November, approving the Revised Text of the General Act for the Protection of Consumers and Users.
Your GEMINI product has been manufactured with great care and using the most advanced manufacturing technology. Thus, for the first two years following its acquisition, you will be able to enjoy all the rights stipulated in the Royal Legislative Decree 1/2007, 16 November, approving the Revised Text of the General Act for the Protection of Consumers and Users, with the provisions transposing the binding content of the European legislation for Member Estates in terms of guarantees.
If you find any defects in the product, you should contact us right away, before using it, in order to describe its problem to us.
All products manufactured by GEMINI have a warranty of three years after their acquisition, in case of lack of conformity with them, in accordance with the article 116 of the above-mentioned LGDCU (General Act for the Protection of Consumers and Users.) This warranty shall only be valid for the original purchaser of the product, and this purchaser shall be entitled, if there is lack of conformity, to the reparation or replacement of the defective product, totally free of charge for the user concerned.
The warranty shall be counted from the moment the product is delivered to the final consumer. A service provided under the warranty (reparation or replacement) will not extend the original warranty period of the product.
In case of exercise of this guarantee, the user must provide a copy of the purchase document of his GEMINI product (sales invoice), this being the original purchaser of the product, since in case of not being it the right to exercise the right is revoked. warranty.
To process the warranty claims, the customer shall fill out the web form properly enabled on the website to that end and, then, follow the instructions that you will receive privately and personally from GEMINI in the email address provided by you, in order to send the product to our headquarters for evaluation, always and in every case, attaching the sale invoice, either physically to the product or digitally via the aforementioned form.
This warranty will be subject to the decision of our technicians concerning the nature of the lack of conformity with the product, after an evaluation of the item in question. Their opinion will be binding. Thus, GEMINI reserves the right not to accept the warranty claim processing in those cases where the evaluation of the product is unfavorable for the customer, which will be duly argued to the customer. The customer shall send us the product, so we can have it for its evaluation. Shipping costs are borne by the customer, which you will be able to fully recoup depending on the decision concerning the origin of the warranty claim. If it is favorable to you, you will get a full refund of these costs, in accordance with the article 120 of the LGDCU (General Act for the Protection of Consumers and Users.) If the consumer has expressly opted for a delivery method other than the regular delivery method and less costly, GEMINI shall not be required to reimburse the resulting additional costs. Thus, if the product is not considered defective and, therefore, does not fall within the scope of the application of this warranty, this will only be considered as withdrawal, as long as it is still within the withdrawal period, and, consequently, the customer will bear the costs of replacing non-defective components, as referred to in the previous section.
If the consumer was affected by circumstances in which the reparation or replacement were not carried out within a reasonable period of time or without significant inconvenience for the consumer, you shall have the option of terminating the contract.
In cases of warranty claims, GEMINI reserves the right, in those cases where the models have been discontinued, to deliver the successor model in the color range available and, if it was unavailable, a model of a higher end.
Similarly, this warranty also specifically covers paint, coating and corrosion defects, in cases of manufacturing defects. The potential discoloration of the product due to a prolonged exposure to sunlight is not covered by this warranty.
GEMINI shall not be liable for the lack of conformity with the product arising from an incorrect installation and assembly of it, since installation is not included in the contract and will be carried out by the final user and under the user’s responsibility, being GEMINI sufficiently diligent to provide comprehensive, detailed and precise Installation and Assembly Instructions with all our products, strongly recommending to follow them, and warning about the consequences of not doing so – that is, the exclusion of liability on the part of GEMINI regarding the consequences arising from not following our instructions. These instructions are also available on our website at all times and the user can also ask for them at any time via our contact form, as well as via our email address, firstname.lastname@example.org.
Components that are constantly or often exposed to the weather conditions wear out faster than normal. Regular care and maintenance extend the useful life of these.
In order to extend the useful life of your GEMINI products and guarantee the durability of these, it is essential to use them only for their intended purpose and to follow the Installation and Assembly Instructions to the letter, laid down in the attached documentation, with particular emphasis on the indications with regard to weight, specified in this documentation. You will find this information along with the installation and assembly instructions. In addition, you must rigorously adhere to the assembly instructions (especially, the tightening torques of the screws/bolts) and respect the stated maintenance intervals. Failure to follow the installation instructions, the assembly instructions, as a well as the maintenance and safety instructions will be sufficient reason for warranty revocation.
Keep in mind that accessories can have a significant impact on the characteristics of GEMINI components. If you are not entirely sure or have any doubts about their compatibility, please contact us right away, before proceeding with it, using our contact form or our email address email@example.com.
Damages, defects or breakage caused by wear, negligence (lack of maintenance and care), careless use, falls or accidents, overexertion due to excessive load, unauthorized technical and/or structural modifications, as well as inappropriate assembly and treatment (including, but not limited to the use of unsuitable cleaning products) or for reasons of force majeure, are excluded from the scope of coverage within this warranty. This warranty will not be applicable to products that has been lent or hired out.
Due to the inherent danger of using a bicycle in any of its modalities, and the physical risks arising from its use, this warranty is only intended for the replacement of components that the customer is not in conformity with, and in no case shall cover personal injury directly or indirectly arising from the failure of these components during their use. In the event of a traffic accident, regardless of who is directly responsible for it, the warranty shall be terminated.
GEMINI shall not be liable for damages caused as a result of fault or negligence not attributable to GEMINI, including but not limited to, the user not following the installation and assembly instructions properly, or the maintenance and safety instructions. GEMINI shall not be liable for damages outside the scope of the application of the legal warranty, nor for those caused by falls or accidents, traffic accidents, overexertion due to excessive load or a different use of the product than the use for which it has been designed, developed, indicated and intended, unauthorized structural modifications, wear, unforeseeable circumstances or of force majeure.
Similarly, GEMINI is exempt from any responsibility against any loss not attributable to a breach of this contract on our part, business losses (including loss of profits, income, contracts, expected savings or unnecessary costs incurred) or any indirect losses or consequential losses which were not reasonably predictable by both parties at the time of the formalization of the contract, as well as any delays or breach of our obligations arising from these conditions if this delay or breach is attributable to circumstances beyond our reasonable control. This provision does not affect your right to receive the product within a reasonable period of time.
The legislation of some countries might not allow certain points of the liability limits stated above. If such legislation applies to you, some or the entirety of these limits may not be applicable to you. In addition, such legislation may also grant you additional rights to those established in this document.
All communications between GEMINI and the user concerning these general terms and conditions or concerning the purchase of products on the website shall be in written form. In specific cases when the contact form required is established, it shall be done in accordance with the procedures of communication established in these general terms and conditions for each individual case.
GEMINI reserves the right to ask you to provide certain data or information in writing, so that the content, reception and timing of these communications can be documented.
10. Integrity of the Conditions
11. Law and Applicable Jurisdiction
These general terms and conditions are governed by and interpreted in accordance with the existing Spanish legislation at the time of contract formation.
In general terms, the Courts and Tribunals of Barcelona shall have jurisdiction in disputes arising from this contract. In the event of a costumer holding the condition of consumer, the competent courts and tribunals shall have jurisdiction, in accordance with the existing consumer law.
12. Online Dispute Resolution
Under the article 14 of the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, on online dispute resolution for consumers disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, purchasers and users of this website are informed of the existence of an out-of-court dispute resolution platform for consumers and companies within the European Union, accessible on the following website: