General Conditions of Use - Porto, Electric Bicycles | e-Bike

General Conditions of Use

| Preamble

The present general conditions of use are agreed between MBA - Marketing and Brindes, Lda., Headquartered at Rua Vilar do Senhor 493, 4455-213 Lavra, with NIF 502 64 0421, Registered Capital of € 500,000, registered at CRC do Porto under the number 49377/91, hereinafter referred to as "MBA" and between any individual, hereinafter referred to as "user", who browses or makes a budget through this website www.ebikeporto.com, among other domains and subdomains such as other domain endings and other MBA websites.

Social Designation: MBA - Marketing e Brindes, Lda.


| Subject matter and scope

The navigation and use of this website is governed by these general conditions of use to the exclusion of any conditions previously available on the website or by prior agreement, expressed and in writing. The prices shown on the website are indicative only and do not constitute a contractual offer. No sales are made through this website, only budget requests that are not binding.

The MBA reserves the right to modify at any time the information and commercial offer presented on: products, prices, promotions, conditions of use, among other information on the website, without the need for any prior notice, You should re-read them each time you visit this website.

The user must carefully read the conditions and policies present on this website and should not access, browse, use or register without agreeing with all the conditions and information that we make available.

Navigation on this website, as well as the submission of forms or requests for quotes, implies acceptance by the user of these General Conditions of Use as well as the information and conditions in Privacy Policy and Cookies Policy.

 

| Terms of Use

The user undertakes to use this website in compliance with the provisions of applicable law, refraining from using the website for activities contrary to law, morality and good manners, or rights and interests of third parties.

The website may have links to other websites which may contain useful information for the user. These general conditions will not apply to a third party web site. As such, if you visit another website, redirected from our website, you should read the conditions of use, privacy policy, and other information on the website that you visit.

 

| Product Information

The photographs illustrating the products are merely illustrative, do not enter the contractual field and do not replace any commitment on the part of the MBA. The reproduction of the colors of the products is the closest to reality. On the other hand, with regard to the datasheets and product descriptions of our partners or suppliers, MBA declines all responsibility as to the validity of its content.

Some products may have incorrect specifications or price, which is why the MBA checks the prices whenever it processes budgets and sends the rectified budget for approval by the user, the order becomes effective upon written confirmation by the user.

You should check the details of the product you want to budget if stock exists for budgeting. The existence of the product in stock is only ensured after the MBA receives the request for quotation and confirms with the supplier the existence of stock.

To have in consideration:

› The budget will be canceled if payment is not made within 30 (thirty) working days;

› Budgets made during the weekend and public holidays (national and local) will only be processed on the following business day.


If you want to see or test our products, please contact us to confirm availability in our showroom in Lavra or Parque das Nações.

 

| Price Information

The prices indicated on the website are merely indicative and do not constitute a contractual offer, are presented in Euros and the currency automatically changes through the country of the user.

The price per unit of each type of product without VAT is shown, in addition to the VAT rate in force by law; the price per unit of each type of product with VAT included (excluding products with price subject to consultation).

In the case of sales to companies based in other countries, for more information send us an email or contact your manager.

Prices, images and specifications of products and services are subject to change without notice.

The MBA declines any responsibility for any errors of publication or spelling on the website. In the treatment of your budget and order any price error that may be appearing on the website due to technical anomalies will be detected and the user will be duly contacted and informed. If the price of the product or service presented on the website is actually lower, the difference is returned. If the price is higher the user can accept or cancel the budget and order.

 

| Availability of Products and Services

In case of a stock breakdown of the budgeted item, the user will be advised of the estimated time of delivery, and the order will only be continued after the consent given by the user.

In the event of non-availability, the MBA may provide a good or provide a service to the consumer of equivalent quality and price, provided that such possibility has been provided prior to the conclusion of the order or in the order itself, in a clear and understandable manner.

In case of absolute unavailability or discontinuance (no longer being manufactured) of the ordered product, the user will be advised in order to enable its replacement by another product and the order will only continue after user consent. As there is usually a price difference, you should choose an item of approximate value, if the value is higher we will have to wait for the transfer of that difference.

In case of absolute unavailability or discontinuation and if you do not want to substitute another product, you can request a refund of the amount paid for the unavailable product.

The articles available on the website have limited stock so they may be unavailable without prior notice.


| Payment methods

For your convenience, we provide several payment options. You can make the payment of your order in a secure way through ATM, VISA / MasterCard, Bank Transfer or Meo Wallet Balance. See here all the details and go to www.nobrinde.com/pagamentos to make the payment of your order.

The MBA authorizes MEO Wallet to intermediate payments made by the user.

 

| Orders Delivery

All orders are delivered to the address indicated by the user. Orders are delivered through a transportation company hired by the MBA or you can collect the order at the MBA Headquarters.

With delivery through a carrier it is possible to track your orders through the Internet. The guarantee of sending the orders will only be assured upon and after confirmation of payment, regardless of the form of payment.

Once you receive the confirmation by email of the shipment of your order this should be delivered up to 48h (Continental Portugal). If this is not the case, you should immediately contact our support services. Carrier deliveries are only made at addresses where there is a guarantee that someone will be able to receive the order, otherwise it will be returned at the user's cost. Orders will only be shipped after confirmation of payment.

The MBA can not be held liable in any way for any damages, direct or indirect, arising from delays in deliveries or for the unavailability of the ordered product.

 

| Claims

You can submit your complaint to the MBA by mail (to the abovementioned address) or by e-mail [email protected].

 

| Returns and Termination of Contract

Our return policy permits that if for any reason you are not satisfied with your purchase, due to product defect or non-compliance with the purchase, you may return the product to us without undue use, provided it has not been used and present in its original condition. Under the terms of Decree-Law no. 24/2014, of February 14, applicable to distance contracts, the user has the right to freely resolve a new contract, without indicating a reason, within a period of 14 days from the day the conclusion of the contract (in the case of services) or the day the user ordered the order.

Any good produced according to the specifications of the consumer, that is, products customized or made according to the specifications of the consumer, shall be excluded from the right to terminate the contract. In the case of custom products, which for some reason are not satisfied, you should send an email to [email protected], so that the complaint is analyzed and properly dealt with.

You must return the products within 14 (fourteen) days from the date you informed the MBA of the decision to terminate the contract and you must bear the direct costs of returning the goods. These costs are variable, depending on the weight and volume of the order as the address of the shipper, it can be estimated from € 10 to € 150.

The user can download, fill and send, through his e-mail or the post office, the sample form that we make available below.

How to terminate the contract:
1) Click here to download the free resolution form template;

2) Fill in all the requested data, cross what does not matter and sign the document;

3) Send the request:

› by email to [email protected] or

› through the post office, with a registered letter MBA - Marketing e Brindes, Lda, Rua Vilar do Senhor 493, 4455-213 Lavra.

Alternatively, contact us via email [email protected] or by phone +351 229 982 500, during the weekdays, from 9:00 a.m. to 1:00 p.m. and from 2:30 p.m. to 6:30 p.m.

 

| Warranty and after-sales service

The products marketed by MBA are covered by the legal guarantee scheme, excluding custom products.

In the case of a defective product, a manufacturing defect or anomalies caused by transport damage, you must send an e-mail to the company within 15 days after receipt of the products and without making any use of them with the You can also attach photographs to illustrate the malfunction or damage.

The product will be promptly replaced or the purchase value refunded within a maximum of 30 days from the date of acquaintance. Products that include software must be returned with the packaging not tampered with.

This warranty applies to the e-Bike Kit under normal conditions of use and reasonable care for the equipment, and this warranty does not cover damages, malfunctions or technical failures resulting from misuse, neglect, abuse or use for purposes other than those to which the equipment is intended or not prepared; and any changes, repairs or modifications that have not been carried out by the authorized agent to perform the service of technical assistance. This warranty shall not apply to cases where the item has been damaged by accident or repairs that arise during its normal use. Any costs incurred for transporting the equipment to and from the authorized service station are not accepted by the e-Bike Kit.

Some components have warranty limits because they are wear parts with the use:
'Engine, Controller, PAS, Brake, Accelerator and Display, Batteries - Warranty ends after 2 years

A battery is a consumable (wear equipment), as such it is impossible to give the same time of guarantee of the rest of the components of the e-Bike Kit, its longevity depends very much on the way in which its load is carried out. It is possible to make about 500 electric charges (complete cycles). Thus, if on average each load allows to go 30Km, the batteries last approximately 20,000km.

 

| Responsibility

The MBA is not liable for damages arising from any computer viruses or other situations that prevent the access and correct functioning of the navigation and the functionalities of the website and services available in it.

The MBA declines any liability in case of violation of the legislation of the country where the order is delivered, the user must verify the conditions of importation and use of the products that he wants to order.

 

| Applicable Legislation

The present general conditions, information on this website and all contracts that may be concluded under it are governed by Portuguese law.


Terms

Valid price list except orthographic error, in force since 01.08.2011 and subject to change in the terms of the General Conditions.
All prices include VAT at the the legal rate.

PRIVATE CONDITIONS
Point 1: Duration
This contract is valid and will take effect with your signature. Its duration is valid for booking time and refund the e-Bike.

Point 2: Cancellation of a reservation
The cancellation of any reservation up to 30 minutes of the rental beginning is free. Any reservation canceled less than 30 minutes prior to the beginning of the rental matter invoicing for "late cancellation" of the amount of 10 (ten euros, VAT at the the legal rate).

Point 3: Restitution e-Bike before the end of the reserve period
When the cyclist restore e-Bike before the end of the period as provided for reservation, the time allotted but not used will not be deducted from your rental value. Undisclosed hours not used include the return from the e-Bike.

Point 4: Delay
Except in case of fault no attributable to Cyclist, of accident, robbery, theft and fire, when after 15 minutes on the estimated time in reserve to return the e-Bike, implies the payment of a penalty in the amount of 2 (two euros, VAT at the the legal rate) for each fraction of 15 minutes late, penalty this will be also invoiced according to the contractual price in force on the rental.

Point 5: Payment methods
The rental dispensations will be settled in cash, when signing the contract. The the amounts due for the use of the service will be liquidated in accordance with the provisions in the General Conditions.

Point 6: Penalties and sundry expenses
In the case of deterioration, the loss, robbery, theft and damage to the e-Bike, the Rider shall immediately notify the Assistance e-Bike. The disappearance of any of the elements of e-Bike, in general, all the spending generated by the cyclist and not satisfied directly by him, will result in the billing management expenses in the amount of 10 (ten euros, VAT at the the legal rate) and other amounts that are billed to the MBA Cyclist under the contract. All other interventions rental entity will be billed to the cyclist in the amount of 10 ( ten euros, VAT at the the legal rate) per incident (eg intervention and moving the body when a bicycle is not delivered at the place of origin, forgetfulness or loss).
The deterioration, loss, theft and / or robbery of the above mentioned elements is no reason for suspension and / or termination of the contract by Rider initiative, continuing rental to be billed in accordance with the contract rules and even communication Assistance.

INSURANCE
Point 7: Insurance
The e-bike is insured by the MBA. - Marketing & Gifts Ltd in accordance with the general and private conditions of the insurance contract and which the cyclist expressly agree to have full knowledge. Insurance covered during the use of e-bike (electric bicycle):
Personal Accident valid online registration
- Death or Permanent Disability 15,000
- Funeral costs 1,500
- Treatment Expenses 2,500 franchise 50
The applied age limits are greater than 6 and up to 70 years
Civil Liability Circulation valid online registration
Guarantees up to 50,000 and for over six years, the physical and material damage caused to third parties during the public highway.
Any loss that occurs within these 2 insurance, should be immediately reported to the booking entity and upon return the e-Bike. The rider is responsible for the deterioration occurred in the e-Bike within the limits of the franchise. If the actual amount of damage is less than the deductible, this amount will be borne by the cyclist.

Point 8: Service Guarantee
Cyclist declares accept that in certain circumstances (eg, simultaneous application of several cyclists surpassing the number of e-Bikes available at the time in question), the MBA might not be able to provide e-Bikes, and so its limited engagement. As of 01/08/2011, the fleet of e-Bike is made up of 20 bikes.

GENERAL CONDITIONS
The General Conditions, the word cyclist is used to designate the cyclist e-Bike. Only cyclists and-Bike are allowed to use the e-Bike and benefit from conditions of service.
In performance of this contract the cyclist e-Bike expressly acknowledge and without reservation be the only responsible to the MBA-Marketing & Gifts, Lda, and will also be solely responsible for all of the amounts to be charged under the contract, as well as the fulfillment of the conditions of accession and the resolution of the contract.

Title I: Service Object
The MBA undertakes to provide the cyclist temporary use and for predefined periods by the booking of e-Bikes that constitute its fleet and that is affecting to achieve the purposes of this contract under the General Conditions, the specific conditions and the particular and private conditions of the insurance policy. The rental is made in the commercial space defined for this purpose. Such use will be made against payment, calculated in accordance with the Price List which is also part of this contract and the insurance associates.

Point 1: Membership conditions and suspension of membership contract
a) Acceptance of the rental company.
To benefit from the quality and cyclist e-Bike in services related to the rental of the e-Bike, and obtain acceptance of the MBA, the applicant must show the originals of the following documents and proceed to delivery:
- a copy of valid identification document (as Single Card Citizen, Identity Card, passport, ...);
- A copy of the certificate of the Commercial Registry, if it is legal person.
The inscription versa rental of e-Bike is aimed at all people with a minimum age of not less than 16 years old and weigh at least 45 kg.
The MBA reserves the right to check the accuracy of documents submitted and reject the acceptance of the proposal to whom, for example, visible signs of drunkenness, is under influence of drugs, as if the individual suffers any perturbation psychological nature or physical disability, which makes the safe and proper use of the equipment.
Whenever any of the personal elements are changed, the cyclist undertakes to inform the MBA under penalty of resolution for cause of this contract.



Point 2: e-Bike and battery
a) e-Bike:
The rental agreement applies only to an e-Bike as defined in the particular conditions of the contract which the cyclist admits having had full knowledge. As far as possible, the MBA will strive to make available to the cyclist, an e-Bike corresponding to the preferences expressed by this. However, it can always happen to the MBA have to make available to the cyclist an e-Bike according to the availability of e-Bikes at the time of booking.
A e-Bike é entregue em bom estado de funcionamento com a estrutura em bom estado de conservação, sob reserva no entanto, os defeitos não visíveis e/ou aparentes. The e-Bike is delivered in good working order with the structure in good condition, subject however, not visible and / or apparent defects. The two vehicle tires meet will be in accordance with the legal requirements to circulation. In the case of deterioration of one or more tires for another reason other than normal wear and tear inherent in its circulation, its replacement will be made by the MBA with the respective cost to the rider. In the case of disappearance of the e-Bike, its replacement will be the responsibility of the rider and, in the case of the insurer's MBA take responsibility for "sinister", the cyclist will only be responsible for the applicable deductible amount. The cyclist undertakes to use the e-Bike, driving under the terms of legislation and in accordance with the Highway Code and can not move with the same outside the sovereign territory of Portugal. The loan or any other form of transfer of the use of e-Bike to anyone not expressly authorized by the contract and / or the MBA will lead to automatic cancellation of insurance.In any case, the cyclist remains responsible, in their contractor, the amounts owed and / or the bill under the execution and or termination of this contract.

b) Battery
Charging the battery is included in the rental price of the e-bike, allowing the cyclist travel a maximum distance of 38 km (or 55 km is associated with the mode of pedals). Not allowed the battery charging in unauthorized locations.

Title II: Under the particular conditions
Point 3: Rental Booking
Any rental must be done in a particular place for the purpose, the location of which is defined in the contract. The reserve shall indicate the date, time and place of survey of e-bike as well, the length of rental. The reserve can also indicate the rider's preferences with regard to the type of e-Bike. The reservation must be made at the time of lifting the e-Bike.

Title III: Travel
Point 4: Survey and return the e-Bike
After the lifting of the e-bike, this is the cyclist guard being entirely responsible for this and its accessories at the time of your return at the same place where you picked it.

Point 5: e-Bike Documentation
By the time the rider starts the march on e-Bike, it is inherent in the recognition of this as all administrative and contractual documents have been delivered. These same documents must be presented at the return of the e-Bike.

Point 6: e-Bike of the survey and return Moment
If the cyclist check when lifting and / or return of e-Bike, that is not in working condition shall forthwith communicate to the MBA. Any untrue statement or omission by the cyclist can be found and established by the MBA or the initiative of the next rider. The MBA reserves the right to take legal action in order to recover damages suffered.

Point 7: Increase in rent the reservation period (required for the use of e-Bike)
If the rider wishes to be extended the length of their reservation should contact the entity on the same site into force, calling for changes to it and waiting for their permission.
Except in case of breakdown, accident, theft or declared accident, accepted as such by the MBA will be considered late when it is violated time of booking.

Point 8: Delay in return
The rider must inform the MBA and of any delay that could harm the return within the established in the contract. This same delay period will be due by the cyclist according to contractual tariff, plus a penalty as provided for in the particular conditions of the contract. If the delay is equal to or more than twenty-four hours and not come to express agreement between the parties, the MBA reserves the right to pursue for theft against the cyclist.

Point 9: Breakdowns, outstanding claims, incidents, degradations, theft and accidents
In any of the above cases, which occurred during the rental period, the cyclist should contact the assistance. The towing expenses and the repair of e-Bike on site, such as spare parts or tires, shall be borne by the MBA, provided that the result of wear or any normal circumstance inherent in the proper use of e-Bike. Any Repairs should be made to the e-Bike installations, exceptionally, the repair is carried out by the cyclist the rental agency shall be informed immediately and all replaced parts must be returned to it.

Title IV: Invoicing and management
Point 10: Invoicing
The cyclist is obligor of the following amounts broken joint MBA company:
- registration fees, non-refundable and allowing the rider to benefit from the rental company services;
- rental rates, other expenses (fines, penalties and / or damages related to delays ...), the costs of managing, various fines and costs;
- Reimbursement of repair costs and / or deductibles.

Rental rates will be in force at the contract signing date, in accordance with the procedures laid down in the particular conditions of the contract and shall apply on the date of signature.
The information at the time of reservation will be the same that will appear on the invoice. The invoice is issued at time of booking and subject to immediate payment in the case of rental of e-Bike.
For leased equipment collateral effects, it is necessary to deliver a valid identification document by the cyclist (as Single Card Citizen Identity Card, passport, ...) which will be returned upon return of the equipment and settlement of amounts debt.

Point 11: Insurance Conditions
Cyclist states have been aware of the insurance contract in force in accordance with its general and special conditions and declares to accept this contract and all its provisions. The cyclist also states know the amount of the allowances. In case of accident the cyclist undertakes to request the public authority (PSP, GNR ...) a report and / or complete and sign the accident report the accident, proceeding to delivery to the rental entity within a maximum of twenty four o'clock. In case of theft / robbery the cyclist must immediately inform the public authority and contact the Assistance, except in cases of force majeure, making be accompanied by a certificate which conducted the formal complaint to the competent authorities.
Cyclist declares knowledge and accepting all gifts exclusions in the conditions of the contract of insurance and / or of all under the law.

Point 12: Responsibility for custody of the e-Bike
All and any damage, loss, theft or degradation of the e-bike and its accessories will be the rider's responsibility from the moment that collects the rental of premises at the time of their return.In addition to the overall responsibility of the cyclist all penalties or fines for breach of the Highway Code and other legislation.
It is expressly accepted by the cyclist MBA informs the competent authorities the identity of this, if himself has not done and, is suspected of have committed any offense.

Point 13: Finished
The end of the contract occurs automatically when it is returned by the cyclist to the rental entity, the e-Bike (and where appropriate, with accessories) for this rented, and settled the debts attached to the same rental agreement.

Point 14: Processing of personal data
All personal data collected by the MBA are provided voluntarily and will not send object to third parties, unless authorized Rider for that purpose or in cases expressly mentioned in the contract.


Date of last update: This information was last updated on January 24th, 2018.

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