LEGAL NOTICE – MONTY BIKES

1. GENERAL INFORMATION

This Website, as well as any subdomains and/or microsites operated under the MONTY BIKES brand, is owned by BH BIKES EUROPE, S.L., with registered address at C/ Perretagana 10, 01015 Vitoria (Spain), Tax ID CIF B-01003599, registered in the Commercial Registry of Álava, Volume 1389, Page 204.
Contact phone number: 945 180 801
Email: rgpd@bhbikes.com

In the event of online contracting, any consumer or user may submit complaints, claims, or request information regarding the products or services offered through the contact details indicated above.

This Legal Notice applies to this website as well as to any subdomains, microsites and/or sections operated under the MONTY BIKES brand, all of which are the exclusive property of BH BIKES EUROPE, S.L.

By using this website, as well as any subdomains, microsites and/or sections contained herein, you are deemed to have read, understood and unreservedly accepted the terms of use set out in this Legal Notice, as well as the Privacy Policy available on this website, which we expressly recommend you read.
The use of this website constitutes full and express acceptance of both the Legal Notice and the Privacy Policy in the version published at the time of access.

1.1 Language

In the event that we translate this Legal Notice, our Privacy Policy, or any other terms of use, policies, or procedures that may be published from time to time on this website, if there is any discrepancy between the Spanish version and a translated version, the Spanish version shall prevail.

2. COMMERCIAL COMMUNICATIONS AND ADVERTISING CONTENT

BH BIKES EUROPE, S.L. informs users that, if there is a prior contractual relationship, we will send information about our activities, products and/or services (including by electronic means) based on our legitimate interest. If you do not wish to receive this type of information and want us to stop processing your data for these purposes, please send us an email to rgpd@bhbikes.com, and we will proceed accordingly. Withdrawal of your consent for these communications does not affect the processing of your data for the remaining purposes described in the privacy policy.

If you are not a customer, we will only send such advertising and/or commercial communications by electronic means if you explicitly authorize us by selecting the option provided for this purpose on our website.

Advertising

The Website may contain advertising content or be sponsored. Advertisers and sponsors are solely responsible for ensuring that the material submitted for inclusion on the Website complies with the laws and consents applicable in each case. The owner of the Website shall not be liable for any error, inaccuracy, or irregularity that may appear in advertising or sponsored content. Nor shall it be liable for any damage to users’ or visitors’ sensitivities caused by advertising material or other content.

3. INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS
a) Content provided by users

If, in order to participate in any event, activity, promotion or contest organized by us, or simply of your own accord, you send us or publish on this website or on our social media profiles any documentation, information or literary, artistic, scientific, technical or other opinion through articles, drawings, videos, photographs or any other text or audiovisual content in any medium or format that may be protected by industrial or intellectual property rights, the submission of such content implies your authorization for its use by us on this website—and therefore its availability to third parties—as well as on our profiles on any social networks and on YouTube in order to report on the event/activity, document it, form part of its photographic/videographic archive, and use it in advertising brochures, posters, printed materials, promotional signage, etc.

Therefore, the sender grants us a non-exclusive, royalty-free, unlimited and worldwide transferable right to reproduce, distribute, translate, publish and disclose such content, in whole or in part, in any medium currently known or developed in the future, for any purpose.

Ownership of the copyright in such content remains with the author, who guarantees such ownership. However, by sending us or publishing the content on this website or on our social media, the rights of reproduction and public communication are transferred to us, while the author retains the right to exploit the content in any manner that does not interfere with its normal publication by us in the aforementioned media.

The sender guarantees that he/she holds, and can prove, all rights, authority, permissions, authorizations and consents necessary to use and license such content and that it does not infringe any third-party rights, including data protection rights and any industrial or intellectual property rights.

The sender shall be solely responsible for any third-party claims, including those from Public Administrations, relating to such content, as well as for any damages claimed from us. We are entitled to take all legal actions necessary to defend our rights, and any liability we must assume, including financial liability, will be passed on to the sender.

b) Content Owned by BH BIKES

The owner of the content and of the elements that make up this Website is BH BIKES EUROPE, S.L., which holds all intellectual and industrial property rights over it and, in particular, over all source codes, texts, images, designs, logos, software, animations, databases, trademarks, trade names or distinctive signs, sounds and any other graphic or sound elements on the Website pages. This list is not exhaustive but merely illustrative, and all such elements are duly protected under Spanish and international Intellectual and Industrial Property laws.

The User undertakes to use the contents diligently and correctly, in accordance with the law, morality and public order. BH BIKES EUROPE, S.L. authorises the User to view the information contained on this website, as well as to make private reproductions (simple downloading and storing on their IT systems), provided that such elements are intended solely for personal use, and also allows their use exclusively for journalistic purposes, provided in both cases that the integrity of the content is respected and that BH BIKES EUROPE, S.L.’s Website is identified as the original source. Any skewed or improper use contrary to the nature of the content is expressly prohibited.

Except for the purposes expressly stated in the previous paragraph, the use of the Website’s content, its distribution, modification, transfer to third parties, reproduction, transformation or public communication through any means or technology is prohibited. Any such use requires the prior and express consent of BH BIKES EUROPE, S.L., and any action contrary to this text shall constitute a breach of intellectual and industrial property rights.

The use of this Website is nevertheless permitted provided that its integrity is respected and that BH BIKES EUROPE, S.L.’s Website is identified as the original source. Any skewed or improper use contrary to its nature is expressly prohibited.

BH BIKES EUROPE, S.L. reserves the right to take any legal action necessary to defend its rights.

4. PASSWORDS AND PRIVATE AREAS

Where the User is provided with a password to access certain services, the USER must keep it under their sole responsibility and in strict and absolute confidentiality and secrecy. The USER must store, use and safeguard it diligently, and any transfer to third parties is strictly prohibited. Any harmful consequences arising for the Website owner or for other USERS due to misuse shall be attributable to the USER. In the event of theft, loss, unauthorised use or access, the USER must immediately notify BH BIKES EUROPE, S.L. so that appropriate measures can be taken. The USER shall be liable for damages caused to BH BIKES EUROPE, S.L. or other USERS due to late communication.

BH BIKES EUROPE, S.L. shall not be liable for incidents relating to personal data that result from an attack or unauthorised access to systems where detection was not possible due to implemented security measures, nor where such incidents result from the lack of diligence of a registered customer in safeguarding their access credentials or personal data.

To access the private area of this website, you must register as a user. You will be asked for the basic and necessary information to create your profile in the private area. Once the registration form is completed, we may verify your identity to activate your profile.

5. SECURITY

On this website, we use the HTTPS (SSL) protocol to establish a secure communication channel between the server and the user for the transmission of personal data. Providing this service through a secure server ensures the confidentiality of the information exchanged between the user's computer and the server, as a secure, encrypted connection is established using the SSL protocol, preventing third-party access to the transmitted information.

BH BIKES EUROPE, S.L. at no time records or stores clients’ banking information; this operation is carried out directly on the website of the Financial Entity.

6. LIABILITY

a) General

The goal of BH BIKES EUROPE, S.L. is for this website to function as efficiently as possible and fulfill the purpose for which it was created. However, it is not responsible for any typographical, formal, or numerical errors on the website, the accuracy of the information contained therein, or potential malfunctions or anomalies in its operation due to, for example, internet network problems or issues with the servers hosting the website.

BH BIKES EUROPE, S.L. does not guarantee that the website and server are free of viruses and is not responsible for damages caused by accessing the website, being unable to access it, or for possible damage to the user's computer, IT system, or files stored therein, if the user’s computer used to access this website is infected by a virus, experiencing browser malfunctions, or using outdated versions.

The user agrees to use this website lawfully and in accordance with traffic laws and practices. Likewise, the user undertakes not to engage in any conduct that could damage the image, interests, or rights of BH BIKES EUROPE, S.L., third parties, or that could damage, disable, overload, or prevent the normal use of this website.

BH BIKES EUROPE, S.L. reserves the right to modify the terms and conditions appearing on this website, as well as to expand content, information, etc., at any time and without prior notice, and therefore advises consulting the website periodically for any changes. Users must read new legal notices and terms of use that may be incorporated. Otherwise, they should refrain from using or accessing the website, with BH BIKES EUROPE, S.L. disclaiming any responsibility, while reserving the right to suspend and terminate access to the website’s content and services.

b) Links and Hyperlinks

Websites owned by BH BIKES EUROPE, S.L. may provide links or access to other third-party resources or websites that may be of interest to users or necessary to provide certain services on our websites. However, these websites are not under our control.

The purpose of these links may include facilitating the search for resources of interest via the Internet, managing specific services on BH BIKES-owned websites (such as processing, payment, and billing of purchases), or calculating the route to the nearest store from the user’s current location.

However, these websites are not owned by BH BIKES EUROPE, S.L., and we do not review their content; therefore, we cannot be responsible for them, the services they provide, the operation of the linked page, their use or data processing, potential infringements, or damages arising from access or use. The existence of the link does not imply any relationship between BH BIKES EUROPE, S.L. and the owners of such content or websites.

Therefore, BH BIKES EUROPE, S.L. assumes no responsibility for linked sites, their operation, content, or services hosted on them, nor for any links they may contain. We strongly recommend reading the corresponding legal notices and, especially, privacy policies of these pages before providing personal data. In case of doubt, users should contact those sites directly for more information about their privacy policies.

If the user becomes aware of any illegal or inappropriate content, services, or other activities on a linked site, they must immediately notify BH BIKES EUROPE, S.L. so that appropriate measures may be taken.

It is expressly prohibited to display a page from www.montybikes.com on any site not owned by BH BIKES EUROPE, S.L. (via the technique known as “framing” or similar methods), or to embed any content distributed through www.montybikes.com on another website using “in-line linking” or similar techniques, without the express consent of BH BIKES EUROPE, S.L.

By using this website, the user is considered to have read this document carefully and understood and followed its guidance. If the user does not agree with this data protection policy or the advice provided, please do not use our website.

7. JURISDICTION AND COMPETENCE

In the event of a conflict or dispute regarding the interpretation of these terms, as well as any matter related to the services of this website, Spanish law shall apply, and the competent courts shall be those of Vitoria.