Terms of service

TERMS AND CONDITIONS
OVERVIEW
Welcome to PedalBeast. Throughout this website, the terms "we", "us" and "our" refer to PedalBeast. PedalBeast operates this store and website, including all related information, content, features, tools, products and services made available to you as a customer, in order to provide you with a curated shopping experience (the "Services"). PedalBeast is powered by Shopify, which enables us to provide the Services to you.
These Terms and Conditions, together with any policies referenced herein (collectively, the "Terms and Conditions" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights, including disclaimers and limitations of liability.
By accessing, browsing, interacting with or using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use our Services.
SECTION 1: ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are at least 18 years old or the age of majority in your jurisdiction of residence, and that you have given your consent for any minor dependents in your care to use the Services on devices you own, purchase or manage.
To access or use the Services, including browsing our online store or purchasing products or services, you may be asked to provide certain information, such as your email address, billing address, payment details and shipping address. You represent and warrant that all information you provide is accurate, current and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2: OUR PRODUCTS
We make every reasonable effort to accurately display and describe our products and services in the online store. However, the colors and appearance of the products may vary depending on your device, your screen settings and its display capabilities.
We do not guarantee that the appearance, quality or characteristics of any product or service purchased will meet your expectations or match exactly the images shown on our website.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities offered to any person, geographic region or jurisdiction.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase our products or services. PedalBeast reserves the right to accept or decline any order for legitimate reasons, including but not limited to pricing errors, inaccurate product descriptions, lack of availability, suspected fraud or breach of these Terms.
An order will not be considered accepted until PedalBeast expressly confirms its acceptance. Payment must have been received and successfully processed before an order can be accepted.
Please review your order carefully before submitting it. Once an order has been accepted, PedalBeast may be unable to accommodate cancellation requests.
If we decline, modify or cancel an order, we will attempt to notify you using the email address, billing details or phone number provided at the time of purchase.
Returns and exchanges are governed exclusively by our Return Policy [LINK].
You represent and warrant that all purchases are intended solely for personal or household use and not for commercial resale or export.
SECTION 4: PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price applied to a product or service will be the price in effect at the time the order is placed and will be shown in your confirmation email.
Unless otherwise stated, the prices displayed do not include taxes, shipping costs, handling fees, customs duties, import fees or similar charges.
Prices displayed in our online store may differ from those offered through third-party retailers, marketplaces or other sales channels.
From time to time, we may offer promotions governed by separate terms and conditions. In the event of a conflict between the promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store. You also agree to promptly update your account information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that:
(i) all payment information you provide is true, accurate and complete;
(ii) you are authorized to use the payment method provided;
(iii) your payment provider will honor the charges incurred; and
(iv) you will pay all charges incurred at the posted prices, including any applicable shipping, handling and taxes.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for delays caused by shipping carriers, customs procedures, weather conditions or other events beyond our reasonable control.
All delivery times are estimates and are not guaranteed.
Risk of loss and title to the products pass to you upon delivery to you or to a third party designated by you, other than the carrier, in accordance with applicable law.
SECTION 6: INTELLECTUAL PROPERTY
The Services, including but not limited to trademarks, logos, text, graphics, images, product reviews, videos, audio content, and their design, selection and arrangement, are the property of PedalBeast, its affiliates, licensors or content providers, and are protected by Spanish and international intellectual property laws.
These Terms grant you a limited, non-exclusive and non-transferable right to access and use the Services solely for personal, non-commercial purposes.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.
Nothing in these Terms grants you any license or ownership rights in any patents, trademarks, copyrights or other intellectual property of PedalBeast, Shopify or third parties.
Unauthorized use of the Services may violate intellectual property laws and other applicable regulations.
All rights not expressly granted are reserved by PedalBeast.
The PedalBeast name, its logo, product names, service names, designs and slogans are trademarks of PedalBeast, its affiliates or licensors, and may not be used without prior written permission.
Shopify and related marks are trademarks of Shopify. All other trademarks displayed on the Services belong to their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, we may provide access to third-party tools over which we have no oversight or control.
You acknowledge and agree that such tools are provided "as is" and "as available", without warranties, representations, conditions or endorsements of any kind.
We shall have no liability whatsoever arising from your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by their respective third-party providers.
We may also introduce new features, services, tools or resources in the future. Such additions will also be subject to these Terms and Conditions.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining, evaluating or guaranteeing the accuracy of any third-party materials or websites you choose to access. If you decide to leave our Services and access any third-party website or resource, you do so entirely at your own risk.
We are not liable for any harm or damages related to your access to or use of third-party websites, products, services or resources. Please carefully review the policies and practices of any third party before engaging in any transaction. Any complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
PedalBeast is powered by Shopify, which enables us to provide the Services. However, all purchases and sales made through our store are made directly between you and PedalBeast.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and PedalBeast, including any injury, damage, loss or claim arising from the products or services purchased through our store.
You hereby expressly release Shopify and its affiliates from any claims, liability, damages or losses arising out of or related to your purchases or transactions with PedalBeast.
SECTION 10: PRIVACY POLICY
All personal information collected through the Services is governed by our Privacy Policy, available here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, available here [LINK].
By using the Services, you acknowledge that you have read and understood these privacy policies.
Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve them.
To provide the Services, information submitted through them may be transferred to and shared with Shopify and certain third parties, including those located in countries other than your country of residence.
For more information on how we, Shopify and our partners use your personal information, please review our Privacy Policy [LINK].
SECTION 11: USER FEEDBACK
If you submit, upload, post or transmit any ideas, suggestions, reviews, proposals, plans, opinions or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free and sublicensable license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes.
For example, we may use Feedback to operate, provide, evaluate, improve, promote and enhance the Services, and to enforce our rights under these Terms.
You represent and warrant that:
(i) you own or control all rights necessary to submit the Feedback;
(ii) you have disclosed any compensation or incentive received in connection with the submission of the Feedback; and
(iii) your Feedback complies with these Terms.
We are under no obligation to:
keep any Feedback confidential;
pay compensation for any Feedback; or
respond to any Feedback.
We may, but are not obligated to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, infringing or otherwise objectionable.
You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy rights, publicity rights or other proprietary rights.
You further agree that your Feedback will not contain unlawful, abusive, defamatory, obscene or malicious material, including computer viruses, malware or any other harmful code that could affect the operation of the Services or any related website.
You may not use a false email address, impersonate any other person, or mislead us or third parties as to the origin of any Feedback.
You are solely responsible for the accuracy and content of your Feedback. We assume no responsibility for any Feedback posted by you or any third party.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to update information or cancel orders if any information in the Services is inaccurate at any time without prior notice, including after an order has been submitted.
SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services, directly or indirectly:
(a) for any unlawful or fraudulent purpose;
(b) to violate any international, federal, state or local law or regulation;
(c) to infringe our intellectual property rights or those of third parties;
(d) to harass, abuse, insult, harm, defame, intimidate or discriminate against any person;
(e) to submit false or misleading information;
(f) to upload, download, transmit, distribute or use material that violates these Terms;
(g) to transmit spam, chain letters, junk mail or similar communications;
(h) to impersonate any person or entity or misrepresent your affiliation with any person or entity; or
(i) to engage in conduct that restricts or interferes with anyone else's use or enjoyment of the Services, or that may harm PedalBeast, Shopify or other users.
You further agree not to:
(a) upload or transmit viruses, malware or other harmful code;
(b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services;
(c) collect or track the personal information of others;
(d) engage in spam, phishing, fraud, web scraping, automated data collection or similar activities; or
(e) interfere with or circumvent the security features of the Services or any related website.
We reserve the right to suspend, disable or terminate your account without notice if we determine that you have violated any provision of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services, or any part of them, at any time and for any reason, at our sole discretion and without notice.
Any obligations or liabilities incurred prior to the termination date shall survive termination.
The following provisions shall survive termination:
Intellectual Property
User Feedback
Termination
Disclaimer of Warranties
Limitation of Liability
Indemnification
Severability
Waiver
Entire Agreement
Assignment
Governing Law
Privacy Policy
Any other provision that by its nature should survive termination.
SECTION 15: DISCLAIMER OF WARRANTIES
The information provided through the Services is offered for general informational purposes only. We do not warrant the accuracy, completeness, reliability or usefulness of such information.
Any reliance you place on information provided through the Services is strictly at your own risk.
We disclaim all liability arising from reliance placed on such materials by you, by any visitor to the Services or by anyone who may be informed of their contents.
EXCEPT AS EXPRESSLY STATED BY PEDALBEAST AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE RIGHTS AVAILABLE TO CONSUMERS UNDER APPLICABLE LAW, INCLUDING STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, WITHOUT PREJUDICE TO YOUR RIGHTS AS A CONSUMER.
SECTION 16: LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEDALBEAST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY, DEATH, FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend and hold harmless PedalBeast, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any claims, liabilities, damages, losses, costs or expenses, including reasonable attorneys' fees, arising out of or related to:
(1) your breach of these Terms and Conditions or any document incorporated by reference;
(2) your violation of any law or the rights of a third party; or
(3) your access to or use of the Services.
We will notify you of any claim subject to indemnification, provided that any failure to notify you promptly will not relieve you of your obligations except to the extent that such delay materially prejudices you.
We reserve the right to assume the exclusive control of the defense and settlement of any such claim at your expense, including the choice of legal counsel. You agree to cooperate fully in the defense of any indemnifiable claim, including by providing any documents and information reasonably requested.
SECTION 18: SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions.
Such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision.
These Terms and Conditions, together with any policies or operating rules posted by us on this website or in connection with the Services, constitute the entire agreement and understanding between you and PedalBeast and govern your use of the Services.
They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, including prior versions of these Terms and Conditions.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20: ASSIGNMENT
You may not assign, transfer, delegate or otherwise convey your rights or obligations under these Terms without our prior written consent. Any purported assignment in violation of this provision shall be null and void.
We may assign, transfer or delegate these Terms, in whole or in part, without notice to you or your consent.
SECTION 21: GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of Spain.
If you are a consumer, any dispute arising out of or relating to these Terms shall be subject to the jurisdiction of the courts of your place of residence, in accordance with applicable consumer protection law.
In all other cases, exclusive jurisdiction shall lie with the courts of the registered office of PedalBeast.
SECTION 22: HEADINGS
The headings used in these Terms are included for convenience only and shall not limit or otherwise affect the interpretation of any provision.
SECTION 23: CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of these Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes on our website.
It is your responsibility to check this page periodically for changes.
Where required by applicable law, we will notify you of any material changes to these Terms. Such changes will take effect on the date specified in the notice.
Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
Changes will not affect orders already confirmed before their publication and will not apply retroactively, unless required by applicable law.
SECTION 24: CONTACT INFORMATION
Questions about these Terms and Conditions can be sent to:
mypedalbeast@gmail.com
Contact information:
mypedalbeast@gmail.com