2BX.BIKE — April 2024
1.1 2BX Commercial Solutions S.L. (hereafter "2BX or 2BX.BIKE"), a Spanish company whose registered office is located in Barcelona, Spain (Calle Doctor Francesc Darder 9, 08034 Barcelona), registered at the Trade Registry under number B13674346 (NIF), operates a Technology Solution that aims to provide practical solutions for businesses to improve their business operations, with a strong focus towards second-hand products.
1.2 Among its solutions, 2BX offers a way for its users to conduct sales and purchases of products. 2BX acts as an intermediary, and is in no case the Buyer or Seller of Products. 2BX is therefore not responsible for the Products sold via its Technology Solution. Besides, unless otherwise specified, 2BX is not a brand owner's distributor of Products.
1.3 The purpose of these Terms of Use (T&Cs) is to set the rules to access the Technology Solution and use the services offered on the Technology Solution. The relationship between Users and Sellers is governed by the terms of sale, accessible on 2BX.BIKE.
1.4 The T&Cs are applicable to any User browsing the Technology Solution, whether or not they have a client account.
1.5 Users shall be vigilant when reading and accepting the T&Cs, as they can evolve between two successive visits.
In every instance where, in this T&Cs, the words below appear, in singular or plural form, with a capital letter, they shall have the following meanings:
3.1 The User needs an email address and a password to create their client account. The present T&Cs must be unreservedly accepted by each User. The User shall take care to read the T&Cs. These T&Cs can be downloaded from the Technology Solution so that Users can keep a copy and refer to them as necessary.
3.2 Authorisation to create a client account is granted solely to professionals which provide the requested information to 2BX. Information provided by users is subject to verification by 2BX and 2BX reserves the right to accept or not the users to its platform without justification.
4.1 The User provides accurate and complete information in order to guarantee the Services' proper functioning.
4.2 Login credentials are strictly personal and the User undertakes to keep their password confidential. The User must take all appropriate measures to ensure that their password remains confidential and that access to their computer and other devices is restricted. If the User becomes aware of unauthorized access to their client account by a third party, the User undertakes to immediately change their password and inform 2BX by filing the form available on the 2BX.BIKE website.
4.3 Unless 2BX expressly agrees otherwise, the User undertakes to create and use no more than one client account, regardless of the domain extension of the site from which they access the Technology Solution. In the event that his account is closed by 2BX, such User agrees not to recreate an account, unless specifically authorized by 2BX.
4.4 The User undertakes that they will not (i) harass the Technology Solution's other Users, (ii) make disparaging, slanderous, defamatory, false, misleading, inaccurate, discriminatory or racist remarks or comments on the Technology Solution, and more generally, that they will not make any comments contravening applicable laws, rights of other individuals and/or public order, (iii) obtain unsolicited information about other Users, either manually or using automated methods, (iv) access personal accounts belonging to other Users, or (iv) attempt to jeopardize the functioning of the Technology Solution.
4.5 The User acknowledges that all the elements contained on the Technology Solution, including, but not limited to, texts, comments, illustrations, images, sound elements, company names, brands and other distinctive signs, as well as elements composing the Technology Solution, such as databases and any underlying technology (hereinafter, the "Elements") are potentially protected by intellectual property rights, such as copyright, trademark, etc. Consequently, the User acknowledges that the following are strictly prohibited:
5.1 2BX offers to its Users access to and use of its Technology Solution, which includes access to information and insights about a large number of bike brands and models, insights on prices and trends in the market, a back office to manage tools such as sourcing alerts, listings and ongoing transactions, a service to conduct transactions between users, as well as other services such as the optional Transaction Guarantee Program. 2BX aims to constantly improve its service by adding new functionalities and features for the benefit of its users.
5.2 A monthly fee to access the Technology Solution is charged to Sellers and Buyers. The conditions for these services are covered by the general terms and conditions. Sellers are the only persons liable for the Product(s) sold to the Buyer, whether they subscribed to the Services or not. The exact amount of the monthly fee may change from time to time. 2BX shall inform Buyers and Sellers about any changes in the monthly at least 1 week prior to the end of the month.
5.3 2BX provides to its users access to a database of bike models which includes a large number of brands for the past years. Users can access information about the bike such as technical specifications and the price of the bike as recommended by the manufacturer or distributor when available. While this information is gathered from publicly accessible and reputable sources, 2BX cannot guarantee the accuracy of the information provided and therefore invites users to consult this information with care, and verify the details of the information before using it.
5.4 Market Insights provided by 2BX to its users include information and estimation about prices of the bikes. This information is based on observations of prices among certain retailers for certain models of bikes, as well as calculations made by 2BX. These prices and estimations are provided for convenience to the user and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material provided by 2BX is at the user's own risk.
5.5 When transactions are conducted by its users, 2BX only acts as an intermediary between the Buyers and the Sellers and is not a party to the sales agreement entered into by Buyers with the Sellers. 2BX is not a seller, a reseller, or distributor of the Products and never takes possession of them unless the optional Transaction Guarantee Program is activated. As such, 2BX does not guarantee the safety, conformity or lawfulness of the Products, and cannot be held liable in this respect.
5.6 2BX offers to Buyers and Sellers an optional Transaction Guarantee Program. Each of the Buyer and Seller can decide to opt in for the Transaction Guarantee Program at the time they place or accept an Offer.
5.7 For a Seller, under the Transaction Guarantee Program, if a Buyer does not honor its commitment to purchase the bike (by not sending funds within 4 business days after the transaction was confirmed by the Seller, or by not Picking Up the bike within 4 business days after making the payment), 2BX will substitute itself to the Buyer and conduct the transaction for its own account. 2BX will have similar rights and obligations than the buyer, in particular 2BX will be able to refuse to complete the purchase in case of any material misstatement in the bike description by the seller.
5.8 For a Buyer, under the Transaction Guarantee Program, 2BX will provide an extended return policy whereby the Buyer will be able to obtain a full refund of the price of the bike. In this case, 2BX will buy the bike from the Buyer and ship it to its chosen location at its own costs. The costs incurred by the Buyer to ship the bike from the Seller to its location will not be refunded.
5.9 2BX defines the prices of the Transaction Guarantee Program based on various criteria including the price of the transaction as well as other criterias. The price of the Transaction Guarantee Program is always displayed to the user at the time of the Offer, and Buyers and Sellers have the choice to opt-in or opt-out to the optional Transaction Guarantee Program. 2BX reserves the right to not offer the Transaction Guarantee Program for any reason and for any given transaction of its choice.
6.1 Sellers are fully and solely liable for (i) the veracity and completeness of (a) the information provided in the Seller Sheet and (b) the Product description in the Product Sheet, as well as (ii) the Product's full compliance with their description in the Product Sheet. The price of the Product(s) is fixed freely by the Seller. It is displayed including tax. The price of services is set by 2BX and also includes tax.
6.2 Buyers can buy Product(s) they wish to purchase by sending an Offer to the Seller, either at the price asked by the Seller, or at the price of their choice in case the Seller has not indicated a price. The Buyer is informed that the sale is not completed at that point. Indeed, the Seller may decide to accept or decline the Offer, and this for any reason of his choice. The Seller therefore has 48 business hours to accept or decline the Offer. The contract of sale of Product(s) is therefore concluded when the Seller has confirmed the Offer. If the Seller does not confirm availability within the aforementioned 48 business hours period, the Offer is automatically canceled and the sale is deemed never to have been completed.
6.3 The Offer may also be canceled by 2BX for a legitimate reason, including an obvious mistake in the Product(s) and/or the price (e.g., a pricing error or any other error regarding an essential characteristic of the Product(s)); a claim regarding payment of the order; and/or the creation of multiple User accounts.
6.4 Once an Offer has been accepted by the Seller, the Buyer is requested to transfer funds to the 2BX bank account, which is hosted by a reputable bank in Europe, within 2 business days from the time the transaction is accepted by the Seller. Failure to comply with this will result in the cancellation of the transaction.
6.5 The Seller is responsible for packing the bike in a carton box according to very specific standards which are defined by 2BX and clearly communicated to the Seller at the time of the transaction. 2BX may from time to time change the standards to pack bikes and inform Buyers and Sellers accordingly. Failure to comply with 2BX packing standards may result in the cancellation of the transaction.
6.6 The Buyer is fully responsible to arrange logistics (including collection, transport and delivery of the bike) and all associated costs. For the avoidance of doubt, the Seller is in charge of packing and its associated costs. The risk of loss or damage passes from the Seller to the Buyer upon pick-up of the bike at the Seller premise by the Buyer or any third party designated by the Buyer. The pick-up of the ordered Product(s) shall not be subject to any unjustified delay by the Seller.
6.7 2BX nor the Seller will not be held responsible in the event that Products are damaged in transit (damaged or opened package / missing or damaged Products). The Buyer shall make all possible reservations upon pick-up of the Products, after which point he is fully responsible for the Products.
6.8 Title to the Products and risks pass on to the Buyer when the Product has been physically delivered to the Buyer or any third party designated by the Buyer.
6.9 Once the Product(s) have been collected by the Buyer, the amount collected by 2BX will be released to the Sellers under the conditions agreed upon between 2BX and the Sellers.
7.1 Once the bike has been collected by the Buyer or any third party designated by the Buyer, it is considered that the bike cannot be returned to the Seller. At the time of the collection, the Buyer has the right to inspect the bike before collection, verify that all accessories have been included in the package and can decide to cancel the transaction for any reason until that point.
7.2 The Buyer can decide to opt-in to the optional Transaction Guarantee Program. In this instance, 2BX will provide an extended return policy whereby the Buyer will be able to obtain a full refund of the price of the bike from 2BX. The Buyer will need to inform 2BX of its intent to return the bike within 7 days after having collected the bike and make it available for 2BX to collect. 2BX will buy the bike from the Buyer and ship it to its chosen location at its own costs. Buyer will be responsible to pack the bike according to the 2BX packing standards. Only products returned whole, with all the accessories they arrived with, and in the condition in which they were originally collected will be accepted. The costs incurred by the Buyer to ship the bike from the Seller to its location will not be refunded.
7.3 In case of a material misstatement made by the Seller on the condition of the bike, the Buyer or 2BX have the right to raise a claim to the Seller. Parties will intend to resolve such claims amicably.
7.4 Certain Products may still be sold under the Manufacturing warranty. Such warranty may be specified in the Product sheet; in the absence of mention, such Product shall be deemed to not have any Manufacturer warranty. Seller will transfer to the Buyer all the necessary information in order to activate the warranty at his request.
8.1 User's closing of their client account: The User may freely close its client account at any time without notice by writing to contact@2bx.bike. So long as there are no outstanding orders or warranties, the account closure will take effect within 30 days maximum after the date the User notifies 2BX that they wish to close their client account.
8.2 2BX's closing of the client account: 2BX may close a client account if the User has refused an update to these Terms of Service, and/or if the User has breached the obligations imposed by these Terms of Service and/or if the User has been inactive. 2BX may also close a client account without cause, with reasonable prior notice.
8.3 Informing the User: 2BX shall inform the User of its intention to close the client account by sending the User an email detailing the reasons for the closure. After the account is closed, the User retains the ability to make a claim by writing to contact@2bx.bike. However, the User may no longer order Product(s) on the Technology Solution or use the Services.
9.1 Requests and complaints relating to the services: The 2BX customer services team can be reached at contact@2bx.bike or by filling out the form available on www.2bx.bike. It is available to users for any questions or complaints relating to the Services or the Technology Solution.
9.2 Requests and complaints relating to transactions: For any questions or complaints regarding the Products, warranties, right of cancellation, delivery, etc., requests and complaints shall be addressed to the Seller by the Buyer via their client account. 2BX customer service will use its best efforts to answer or relay the question or complaint to the Seller. The Seller has sole responsibility for the Products that they sell through the Technology Solution.
10.1 Concerning the services: 2BX shall make every effort to ensure that the Services and the Technology Solution are available. 2BX reserves the right to suspend or limit access to the services and the Technology Solution to carry out repairs, maintenance operations, and/or add and/or develop a function and/or a Service. 2BX shall not be liable, within the limits established by law, for damages caused to the User as a result of the unavailability, access failures and lack of continuity of all or part of the Service and/or the Technology Solution. In any case, 2BX shall not be liable, either indirectly or subsidiarily, for economic loss or reputation, or for any special, indirect or consequential damages resulting from the use of the Technology Solution. Nor shall 2BX be held responsible for any other damage suffered by a User, or the User's computer equipment due to their use of all or part of a Service or the Technology Solution.
10.2 Concerning Market Insights: As previously indicated, 2BX cannot make any guarantees that the information that may be obtained from the use of the service is reliable and accurate. Neither can 2BX be held liable for any actions taken based on the product and pricing information provided.
10.3 Concerning the Products: As previously indicated, 2BX is not the Seller or reseller of Products and acts solely as an intermediary. The Seller, thus, assumes full responsibility with regard to the Product(s) they offer for sale through the Technology Solution, in particular regarding warranties that, according to the laws and regulations, rest with the Seller or manufacturer. The User releases 2BX from any liability that may arise in the execution of the sale, in particular with regards to the conformity and security of the Products, the description and the conformity of the offer of sale, the availability of the Products and the ownership of the intellectual and industrial property rights relating to the Products.
The User's personal data is processed by 2BX as a data controller. In addition, 2BX may use cookies. The policies on data are described in the document "Privacy Policy" available on the Technology Solution.
12.1 These T&Cs are governed by Spanish law.
12.2 In the event of a dispute relating to the formation, signature, performance, interpretation or validity of the T&Cs or the relationship with 2BX, the User and 2BX are invited to take the necessary steps to resolve their dispute on an amicable basis.
12.3 If the mediation has not been successful or in the event of the failure of any other steps potentially taken by the User to try to reach an amicable resolution to his/her dispute with 2BX, the User may refer the matter to the courts having jurisdiction in the place of his/her residence at the time of the signature of the agreement or when the event causing the damage occurred, in the place of the headquarters of 2BX or in the place of actual delivery of the Product.