Terms and Conditions

Legal Information

Eat Sleep Cycle S.L.
Carrer del Vern, 3
Girona (Girona), 17004
Tel.: +34 972 649 131
www.eatsleepcycle.com
Legally responsible for website content : Louise Laker

Datos de registro de comercio: Registre mercantil de Girona – Hoja: GI-62855 / tomo 3178 / folio 1 / inscripción 1a

VAT ID Number: ESB55305734

Terms & Conditions

Introduction

These Terms & Conditions govern your use of the Eat Sleep Cycle SL website: www.shop.eatsleepcycle.com & www.eatsleepcycle.com. We reserve the right to change the Terms and Conditions at any time and it is your responsibility to check regularly before ordering. This does not affect your statutory rights.

1. Purpose

The purpose of these Terms & Conditions is to govern the supply by us of any product ordered by you on the Eat Sleep Cycle S.L. website.

By using our website, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this website.

In these Terms and Conditions, when we refer to ‘we’, ‘us’ or ‘our’, we mean Eat Sleep Cycle S.L. Where we refer to ‘you’, ‘your’ or ‘the customer’, we mean you, the person using the Services.

2. Purchase Contract

By ordering on our website, you confirm that you accept our Terms and Conditions. Eat Sleep Cycle S.L. will send you a confirmation of your order to the email address supplied by you. This confirmation does not constitute acceptance of your order as no contract for the purchase of the selected goods will be formed until we receive and proove your payment. Eat Sleep Cycle S.L. reserves the right to cancel or decline any order without giving further details.

3. Placing and Order

In order to place an order, you are at least 18 years old. If you are a minor, ask your parents or legal representatives to place the order in your name.

However, if you are between 14 and 18 years of age, you can request information about products. Advise your parents or legal representatives before navigating or registering on our website. If you are under 14, please do not give us any personal information.

Once you have accessed our website, complete the form with the necessary personal data requested and click on the ‘Pay’ button to confirm your purchase.

When you have finished your order, we will send you an email with the details of your order.

In case there is any problem with the delivery of your order, we will contact you as soon as possible to inform you about the situation and suggest alternative products that you may wish to purchase or offer a full refund of the amount paid when placing the order.

You may cancel the order at any time and at no additional cost, provided that it has not been invoiced and sent through the shipping company.

If the parcel has left our warehouse, you may reject it when being delivered by the shipping company.

The products available on our website change & reflect our live stock levels. By adding an item to the shopping basket, it does not guarantee that it will be reserved for you, as other customers may have already purchased it. The product is only reserved for you when the payment process has been completed.

Eat Sleep Cycle S.L. will make every effort to provide you with the products listed in your order confirmation. However, there may be times when it is impossible for us to supply such products. In this cases we will contact you to inform you and suggest alternative products that you may wish to purchase.

4. Product Supply

Eat Sleep Cycle S.L. will supply the products indicated in the order confirmation, in accordance with these Terms and Conditions.

5. Product Information

The items available are described and presented with as much accuracy as possible. You must read the description of each product in order to know the specific details and properties. The choice and purchase of a product is the sole responsibility of the customer. However, should an error or omission occur within the information, Eat Sleep Cycle S.L. cannot be held responsible. All customers are invited to inform Eat Sleep Cycle S.L. of any error that can be found in a product description.

6. Prices & Shipping Fees

All prices are clearly shown on our websites. Prices can be changed frequently. The valid prices for each order are based on the moment the order has been placed.

Prices are shown as follows:

For orders being shipped to countries within the European Union, VAT is already included in the product price you see on our website. You will be charged the product price and the shipping fees.

For orders being shipped to countries outside of the European Union, VAT & sales taxes are removed at the checkout & not charged by Eat Sleep Cycle S.L. Your order may be subject to the customs fees and import duties of the country to which your order is shipped to & the courier will charge you any taxes or customs directly. As taxes and customs may also depend on product category as well as declared amount, we are not able to provide you with any further details. We would recommend you to consult your local Customs office.

Our shipping fees are calculated by weight and volume, so by adding any item to the basket, the respective shipping fees are shown and the delivery option can be selected, once all items have been added to the basket

7. Product Availability

Eat Sleep Cycle S.L. offers a range of items. Most items are in stock & others are ordered on demand. If the item is in stock you will receive notification of the delivery date with your order tracking information. If the item is not in stock we will contact you with the estimated delivery date. The estimated delivery date is only a reference, as it is determined to product availability, courier’s availability, as well as payment.

In case that Eat Sleep Cycle S.L. has to withdraw an item because it has become obsolete or has been discontinued, you will be informed directly. If Eat Sleep Cycle S.L. can offer any similar item we will contact you with an alternative proposal, which you can accept or cancel the order & receive a full refund.

8. Payment for Products

Eat Sleep Cycle S.L. works with Stripe to guarantee maximum security in the processing of payments & prevention of fraud.

If our team suspect an anomoly or fraud, Eat Sleep Cycle S.L. reserve the right to cancel the transaction.

The client always has the right to receive a paper copy of the invoice free of charge. If you do not state otherwise in your order, we will understand that you consent to receive it electronically (by e-mail). This consent may be revoked by you at any time, by contacting our Customer Service team on our Contact Us page.

9. Delivery

When placing an order, you can choose your delivery option once all items have been added to the basket. Eat Sleep Cycle S.L. will ship your order to the address you provided when placing your order. To ensure the safe delivery of your parcel, the courier company needs a signature to confirm successful delivery. If there is nobody to receive the parcel, the driver will attempt a new delivery, deposit your parcel at a neighbor or take your parcel to be securely held at the local Post Office or Depot. In case your parcel could not be delivered due to any reason, such as incorrect address, wrong delivery details, refuse of the parcel, etc., it will normally be returned directly to us. Please keep in mind we can only refund your paid product price, once the parcel has arrived back at our warehouse and any item could be verified. You will receive the refund of the paid product price by the same payment method you used when placing the order. Any paid shipping fees cannot be refunded.

10. Product Guarantee

As an official dealer of each brand Eat Sleep Cycle S.L. sells, all our offered items are covered by a 2 year manufacturer’s warranty. The first step is to contact us with photos of the affected product and we will advise the next steps indicated by the manufacturer. If a fabrication defect is recognized by the manufacturer, all the generated shipment costs, both for the return shipment as for the shipment of the replaced or repaired item, are at our expense. We reserve the right to refuse the exchange of an item in case the returned item doesn’t arrive in the conditions indicated in our returns policy. You will be informed directly by us if the guarantee has been accepted and if so, if the manufacturer will repair or replace the item.

11. Product Returns & Refunds

Eat Sleep Cycle S.L. gives you the right to return your purchased item/s without having to give a reason, at any time within 30 days beginning on the day after you received the goods. You can return any item within 30 days, as long as the item/s is/are in perfect conditions (unused, with labels, in original packaging). Please keep in mind, that any customized items (as for example: custom bike builds, wheelsets with tubless tyres fitted etc.) cannot be returned or exchanged.

In order to exercise your right of return, you must inform us by using the return form by means of a clear declaration of your revocation of this purchase:

To: Eat Sleep Cycle S.L., Carrer del Vern, 3, Girona, 17004 (Spain)

I, <Name>, hereby give you notice that I withdraw from my contract of sale <Order Number> of the following goods <Product(s)>.

Ordered on __/__/__/

Received on __/__/__

Name of consumer(s) ______________________________________________

Address of consumer(s) ____________________________________________

Date __/__/__/

12. Reviews & Comments

Eat Sleep Cycle S.L. encourages the customer to leave reviews, comments & questions about the products for sale on our online shop. We regularly review this content & reserve the right to delete, reject or edit these at any time. When submitting information to our website as a review, product question or customer comment you understand that what you have submitted is not copyright protected and you are permitting its appearance on our websites.

13. Liability

Force majeure – Eat Sleep Cycle S.L. is not liable or responsible for any failure or delay to perform any of our obligations to the customer if such failure is caused by a force majeure.

A force majeure means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.

Complaints – We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Please see our Contact page for details of how to get in touch with us.

14. Data Protection & Privacy Policy

The following text informs of the data EAT SLEEP CYCLE S.L. processes in the exercise of its services in compliance with both EU regulations (no. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free mobility of people) and the Spanish legislation (Ley Orgánica 3/2018, of December 5, on the protection of personal data and guarantee of digital rights).

WHO IS RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA?

The person in charge of the processing of personal data is Louise Laker, one of the founding partners of EAT SLEEP CYCLE S.L. with a legal address at Carrer del Vern, 3, Girona, 17004, telephone +34 972 649 131, email address [email protected]

WITH WHAT PURPOSE AND WITH WHAT LEGITIMACY DO WE TREAT THE DATA?

Contact

The data is treated with the consent of the person who has contacted us. The data is collected either through: telephone, email, online forms or in person. This data is not preserved unless a professional relationship is established.

Services to customers.

We record the customer identification data, as well as any addition information we are provided with in order to satisfactorily carry out the services offered. We can obtain information from third parties from the customers (e.g. one client making a reservation for another). The data recorded is solely and exclusively aimed for executing our services.

The data is recorded in our documents and computer systems for the administrative management and accounting of the company. The data treatment is carried out in compliance with contractual relationships (article 6.1.b RGPD) and legal obligations (article 6.1.c RGPD).

Management of the data of our suppliers.

We treat the contact details and the fiscal data of the suppliers (physical persons) from whom we obtain services or goods. We deal only with the data necessary to maintain the business relationship and use the data only for this purpose, in the context of contractual relationships and in compliance with legal obligations.

Product and service information.

With the authorization of the customer, their contact information is used to send information related to our services or products. We treat the data based on the consent of the person receiving the communications (art. 6.1.a RGPD).

Users of our website. Cookies.

The navigation system and the software that enables the operation of our website automatically record the data that is normally generated in the use of Internet protocols, among others, the IP address or the domain name of the computer used by the person who viewed the web.

This information is not directly associated with specific users and is used for the sole purpose of obtaining statistical information. Our website uses cookies that allow us to obtain technical information to facilitate accessibility and more efficient use.

Con el objetivo de ofrecerle los métodos de pago de Klarna, en el momento del pago, podríamos transmitir a Klarna durante el proceso de compra sus datos personales incluidos en el formulario de contacto y detalles de los pedidos, de tal forma que Klarna pueda evaluar si cumple usted con los requisitos para acceder a sus métodos de pago y para adaptar dichos métodos de pago a su perfil. Sus datos personales son tratados de conformidad con lo establecido en la política de privacidad de Klarna.

Video surveillance

Upon accessing our office we inform of the existence of video surveillance cameras through of the approved signboards. The images are recorded as a security measure, to preserve the legitimate interests of the office (Article 6.1.f RGPD). They are kept for a maximum period of one month, except should the Security forces require them.

WHO IS THE DATA COMMUNICATED TO?

We only communicate data of our clients when it is necessary for the fulfillment of the orders received. With prior knowledge of the client, we can also communicate data to people with whom he/she has a legal relationship with, and to other professionals with whom we collaborate with in the provision of services. In the billing of our services we can communicate data to banks.

Our office employs the services of other people or companies, such as IT or consultancy firms, that provide us with their experience and specialization. On some occasions they have to treat personal data for which the company is responsible for. This access does not constitute a transfer of data but a processing assignment (art. 4.8 RGPD), so that these employed professionals can only treat the data to offer their services, without being able to allocate the data for other purposes. At the time of contracting such professionals, confidentiality obligations are formalized and we at EAT SLEEP CYCLE S.L. keep track of their actions.

HOW LONG DO WE KEEP THE DATA FOR?

We comply with the legal obligation to limit the period of preservation of the data as much as possible. For this reason the data is only kept for the justified amount of time necessary to carry out the purpose that motivated obtaining it.

On certain cases, such as the data contained in the accounting documentation and the billing, the tax regulations compel us to conserve it until the responsibilities in this matter prescribe.

When we have been authorized to send information about our services, the data is retained until the person revokes this consent. The images obtained by video surveillance cameras are kept for a maximum of one month, although it can be longer if an incident occurs.

WHAT RIGHTS DO PEOPLE HAVE IN RELATION TO THE DATA WE ARE DEALING WITH?

The people whose data we work with have the following rights:

To access it. They have the right to know what personal data is subject to treatment, what is the purpose for which it is treated, communications to other people, the right to obtain a copy or knowing the predicted term of conservation.

To ask for the rectification. Right to rectify inaccurate data.

To ask for it to be deleted. Right to request the deletion of the data when, among other reasons, they are not necessary for the purposes for which they were collected and justified the treatment.

Request limitation of treatment. In certain circumstances there is the right to request the limitation of the treatment of the data: they will no longer be dealt with and will only be retained for the exercise or defense of claims. 

Portability. Right to obtain the personal data in a commonly readable format for a machine, and to transmit them to another person responsible for the treatment if the interested party so decides.

To oppose treatment. Because of particular circumstances, a person may ask us to stop processing their data if it can be detrimental.

HOW CAN YOU EXERCISE OR DEFEND YOUR RIGHTS?

The rights that we have just enumerated can be exercised by contacting us at our postal address or by sending an email to the address indicated in the heading. If a person considers that he/she has not obtained a satisfactory answer in the exercise of rights, he/she can file a claim with the Spanish Data Protection Agency, through the forms or other channels accessible from its website www.agpd.es.

15. Intellectual Property & Copyright

All content on the website of Eat Sleep Cycle S.L. (Illustrations, texts, descriptions, own brands, images, videos …) is property of Eat Sleep Cycle S.L. The third-party trademarks are property of their owners. Any partial and total reproduction of the content by any processes and by any medium are subjected to prior and express authorization to Eat Sleep Cycle S.L. or any right holders.

Eat Sleep Cycle S.L. is not responsible for the misuse of our websites contents, the responsibility is exclusively for the user who accesses them or uses them.

Eat Sleep Cycle S.L. declines all responsibility of any disputes arising from the exchange of information between users through our website. The responsibility of publishing data and information through their websites is in any case for those who published them.

16. Links

We are happy for you to link to our website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us).

We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to our website, you must do so without delay.

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

17. Modification of the Terms & Conditions

Eat Sleep Cycle S.L. reserves the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the site will be deemed to constitute acceptance of the new Terms and Conditions.

18. Governed Law

These Terms and Conditions and your use of the website shall be governed by and construed in accordance with Spanish law. You submit to the exclusive jurisdiction of the Spanish courts to settle any dispute which may arise under these Terms and Conditions. For more information visit the European Commission platform which Regulates the consumer ODR.

We use Klarna as the provider of our checkout. This means that we might transfer your personal data in the form of contact and order details to Klarna when the checkout is loaded, in order for Klarna to manage your purchase. Your personal data transferred is processed in line with Klarna’s own privacy notice