Terms of use of the registered beacon service and terms of sale

TERMS AND CONDITIONS OF SERVICES ASSOCIATED WITH REGISTERING YOUR BEACON WITH BIP&DRIVE

These terms and conditions of service (hereinafter, the ‘Conditions’) apply to the services associated with the purchase and registration of the V16 beacon connected to DGT 3.0 in accordance with the relevant approval, which can be found on the product packaging (hereinafter, ‘the Registered Beacon’) and the ancillary and value-added services associated with its registration, activation and operation that will be provided to the customer, (hereinafter, the ‘User’ or ‘You’) as described in these Conditions by Bip&Drive EDE, S.A. (hereinafter, ‘Bip & Drive’) with registered office at Calle Serrano 45, Planta 2, Local A, 28001 Madrid.

You can purchase the Registered Beacon through the website or the Bip&Drive app, through customer service and points of sale using a gift card or other means, provided that this involves the shipment of the product, through which a distance purchase is made. Hereinafter, all of these are referred to as ‘sales channels’. By purchasing the Registered Beacon, you agree to the provision of the associated services and therefore to these Terms and Conditions.

1. Registered Beacon Services

The Registered Beacon is designed to emit an emergency signal and transmit its geolocation to the Directorate General of Traffic (DGT) via telecommunications networks.

This Registered Beacon also provides the user, by registering their Identification and Contact Details and Geolocation Data at the time of purchase or subsequently, depending on the sales channels, with the following services:

1. Services related to the operation of the Registered Beacon: Remote checking of the operation of the Registered Beacon, as well as verification of the battery status, maintenance alerts, network coverage, connection status with the DGT (Spanish Traffic Authority) and any other service related to the operation of the device.
2. Services related to communication with third parties authorised by the User: such as real-time location communication or location of the Registered Beacon, sending communications about the incident to designated recipients within the emergency service, communications with registered insurance companies, repair services, transfer services or roadside assistance, including both the vehicle and its occupants.
3. Services related to vehicle or user assistance: services related to garages, repairs, vehicle transfer or rescue. Reference points for locations, petrol stations, service stations, or medical or emergency assistance centres.

These services are only available if the Registered Beacon is correctly registered with Bip & Drive to provide you with these services or any others that Bip&Drive offers you, Bip&Drive being a mere intermediary for the services you contract through the Registered Beacon.

2. Obligations of the User and cancellation of the Services:

1. The User shall at all times comply with the Terms and Conditions and all applicable laws. In addition, the User shall be solely responsible for verifying the accuracy and relevance of the information received before taking any action based on it. Bip & Drive recommends that Users consult additional sources when necessary to make informed decisions.
2. Limits to the use of the Services:
1. The User may not (i) use the Services in a manner that infringes or violates the rights of any person or entity; (ii) reverse engineer, decompile, translate or otherwise attempt to discover the operation of the Registered Beacon or the source code, underlying components of the models, algorithms and systems of the Services; (iii) attempt to undermine the integrity of the Service and collect any data or information sent by the Registered Beacon; (iv) use any automated or programmatic method to extract data or results from the Services, including scraping, web harvesting or data extraction of any kind.
2. You must not use any part of the content of the Registered Beacon or any material published on it, including, but not limited to, text, images, music, videos, animations, trademarks, designs, graphics, visual interfaces and code. Bip & Drive is the owner or licensee of all intellectual property rights, and all rights are reserved and may not be used without prior authorisation from us or our licensors. No licence is granted to use the names, logos or trademarks of Bip & Drive without prior express written consent.
3. You acknowledge that services related to communication with third parties authorised by the User and services related to vehicle or User assistance (as described in clause 1, sections (ii) and (iii)) may contain links, software, as well as services or products from third parties that are subject to their own terms and conditions. In this regard, Bip & Drive shall not be liable in any way for the operation of third-party services or products, the consequences of their use, or any faults that may arise from their use.
4. You acknowledge and agree that Bip & Drive is the owner or licensee of all intellectual property rights in the sales channels, its application and website, and all material published therein, including, but not limited to, text, images, music, videos, animations, trademarks, designs, graphics, visual interfaces and codes. These rights are protected by applicable law and are reserved.
5. Bip & Drive reserves the right to cancel your access to the services or block your future access to them if we consider that you have breached these Terms and Conditions.

3. Obligations of Bip & Drive:

1. Bip & Drive will make every reasonable effort to maintain the operation and availability of the Registered Beacon, in particular the services related to the operation of the Registered Beacon: in section 1 (i) by ensuring that Users can access the Services on a continuous basis. Notwithstanding the foregoing, Bip & Drive shall not be liable for temporary interruptions, technical failures, maintenance or any other circumstances beyond its control that prevent access to the App or Website, or affect the normal operation of its Services.

4. Liability:

Bip & Drive shall be limited exclusively to providing information about the Registered Beacon regarding its operation and to acting as an intermediary for the provision of third-party information and services or products. Bip & Drive accepts no responsibility for the accuracy, suitability or purpose of the information provided, and shall not be liable for the use made by the User of the information provided or for any decisions taken on the basis thereof.

In particular, Bip & Drive shall not be liable for any direct, indirect, incidental, special or consequential damages that may arise from the use or inability to use its Services, or from decisions made based on information provided through its services.

5. Term of Conditions, Termination of Service, and Use of Registered Beacon

1. The Terms and Conditions shall apply from the moment they are accepted. You may request to cancel this service through our Customer Service or through the contact form.
2. In the event of termination of the Service, you may continue to use the Beacon's signalling services, which will remain certified and connected to DGT 3.0 as required by regulation.
3. Bip & Drive reserves the right to modify the Terms of Use periodically by posting a revised version on its Website. The changes will take effect immediately after they are posted on the Website. Continued use of the Services after any changes will imply implicit acceptance of the changes made to the Terms and Conditions.

TERMS AND CONDITIONS OF SALE OF THE REGISTERED BEACON

These terms and conditions of sale (hereinafter, the ‘Terms and Conditions of Sale’) apply to the purchase of the Registered Beacon that you make through the sales channels as defined in the Terms and Conditions.

These Terms and Conditions of Sale constitute the agreement between you and Bip & Drive Bip&Drive EDE, S.A., with registered office at Calle Serrano 45, Planta 2, Local A, 28001 Madrid (hereinafter, ‘we’ or ‘Bip & Drive’).
Please read the Terms and Conditions carefully to understand your rights and obligations. You may save these Terms and Conditions of Sale or print them for future reference. Bip & Drive will also save the text of the entire contract and make it available to you upon request.

1. Applicability and customer service

These Terms and Conditions apply to all offers, contracts and deliveries made by Bip & Drive in relation to the distance selling of the Registered Beacon.

These Terms and Conditions of Sale shall not apply in the following cases:
(i) Professional or business purchases: If you are not an end consumer purchasing for consumption, but rather a company, corporation or entity, these terms and conditions will not apply to you. Please contact Bip & Drive for more information on the conditions under which you can place your order.
(ii) Purchases made at physical points of sale that do not require the product to be shipped.

Customer Service

The User may contact Bip&Drive Customer Service in any of the following ways. To find out the Customer Service availability hours, please consult the contact page on our website: https://www.bipdrive.com/contacto.

1. Phone: (+34) 911 113 737.
2. Email: info@bipdrive.com.
3. Contact form: https://www.bipdrive.com/contacto 
4. Post: Calle Serrano 45, planta 2, 28001 Madrid.

2. Product, Prices and Payment

2.1. The Registered Beacon complies with its description, the specifications provided in the sales channels, and as it appears in the confirmation email. The purchase will only be considered complete when (i) you have accepted these Terms and Conditions of Sale, (ii) you have completed payment through the sales channels and Bip & Drive has verified the payment, and (iii) you receive an order confirmation email.

2.2 Please refer to the technical specifications of the Registered Beacon on the website. The Registered Beacon does not offer any guarantees or promises of compatibility, interoperability or durability beyond those set out in the product's technical specifications.

2.3 The sale prices of the Beacon are those specified on the website or at the point of sale where they are available, and include all applicable rights, fees and charges, including VAT. The price breakdown shall indicate the delivery and administrative costs, which are included in the final price to be paid for the products.

2.4. Payments must be made using any payment method provided for this purpose in the sales channels. Bip & Drive will redirect you to the corresponding payment platform. Any refunds will be made to the same card or via the same payment method you used when making the original payment.

2.5 If you wish to defer payment and if payment is made using one of the financing options offered, you will have a direct relationship with the third party deferring payment for your purchase and the conditions that will apply to you are those agreed upon at the time of your acceptance of that third party's conditions.

3. Warranty policy for the Registered Beacon sold by Bip & Drive

We remind you of the existence of a legal guarantee of conformity applicable to products as established in Article 114 et seq. of Royal Legislative Decree 1/2007, of 16 November, the General Law for the Protection of Consumers and Users (‘legal guarantee’). This legal guarantee of conformity applies to all products purchased in Spain. The legal warranty period is three years from the date of delivery of the products to the consumer by the seller. If your product is faulty within this period, you are entitled to a repair, replacement, price reduction or cancellation of the contract, as appropriate, at no cost to you. Please refer to the regulations for more information on the terms and conditions of the legal warranty and contact our Customer Service Department if you have any questions. You will find the contact details in the first clause.
On occasion, and on a voluntary basis, manufacturers of Registered Beacons may grant an additional commercial warranty to the legal warranty in Spain. The terms and duration shall be those indicated in each case by the grantor of the guarantee (‘commercial guarantee’). You should check the terms of those commercial warranties, which should be included inside the box.
In order to exercise both the legal guarantee and the commercial guarantee, it is essential to provide documentary evidence proving the purchase and delivery of the product.

4. Delivery

4.1. Delivery will be made once the purchase has been confirmed within a maximum period of ten (10) working days, although due to unforeseeable or extraordinary circumstances, the delivery address you have selected and the availability of the items in the warehouse, the delivery period may vary. In any case, it will be sent within a maximum period of 30 days from the date of order confirmation. Shipping is free for all orders.

4.2 The delivery procedure for the Registered Beacon may vary depending on the logistics provider operating. They will contact you to arrange delivery. If delivery is not possible for any reason, please contact the logistics provider first if you have the delivery details. Otherwise, remember that you can contact our customer service team.

4.3. If delivery within the aforementioned delivery period is not possible, we will inform you accordingly and you may withdraw from the contract, in which case any payment made in connection with the purchase of the Registered Beacon will be refunded. Any other rights and remedies you have under consumer protection law remain unaffected.

4.4. Place of delivery: the entire Spanish territory, excluding the Balearic Islands, the Canary Islands, Ceuta and Melilla. This limitation shall not apply in the case of distance purchases at Correos points of sale.

5. Right of withdrawal

5.1. As a consumer, you have the right to withdraw from the contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) calendar days from:

1. In the case of the purchase of a Registered Beacon: the date on which you, or the third party named by you other than the carrier, acquired physical possession of the goods.
2. In the case of a contract for the sale of multiple products or services that you have requested as part of a single order and that are delivered separately: the date on which you, or a third party designated by you other than the carrier, has taken physical possession of the last product (e.g., in the case of a Registered Beacon and ViaT, when you have received the last of the products).
3. In the case of Services associated with the Registered Beacon, it shall be the date of conclusion of the contract.

You may exercise your right of withdrawal by means of a clear statement of your decision to withdraw from this contract via our contact form https://www.bipdrive.com/contacto/. You may also use the model withdrawal form provided in our General Terms and Conditions on the last page.

To exercise your right of cancellation in time, it is sufficient to notify us of your decision to cancel before the end of the cancellation period.
If the last day of a period not expressed in hours is a public holiday, Saturday or Sunday, the period will end at the end of the last hour of the next working day.

5.2. In the case of the Registered Beacon, we will immediately refund all payments we have received from you. We will bear the costs of returning the goods, including delivery charges (except for additional costs arising from your selection of a different delivery method that is more expensive than the standard delivery offered by Bip & Drive).

1. You must facilitate the return of the product within fourteen (14) days of notifying us of your withdrawal. The deadline shall be deemed to have been met if you have sent the products before the expiry of the fourteen (14) day period.
2. If you are unable to return the products to Bip & Drive, either in whole or in part, or if you can only return them in a damaged condition, you will be required to pay Bip & Drive the value of the products as compensation, if necessary. If you have requested that services begin during the withdrawal period, you must pay for any services consumed, if there is a price or charge, no later than fourteen (14) days after the date on which we receive notification of your withdrawal from this contract.
3. If the product is part of a product package, in order to receive a full refund, Bip & may require the return of all product packages or gifts that are part of the products.
4. The refund will be made, once the above terms and conditions have been met, within fourteen (14) days and will be issued via the same means used for the original payment, unless otherwise agreed between you and Bip & Drive. We will not charge you any fees for receiving this refund. We may refuse to issue a refund until we receive the returned products or until you provide us with evidence that you have returned the products, whichever occurs first.

6. Applicable law, force majeure and dispute resolution.

The applicable law is Spanish consumer protection law. If a product is defective or does not comply with the sales contract, you may choose to have your product repaired, refunded or replaced free of charge.

In the event of force majeure (e.g. strikes or extreme weather conditions), the obligations of the parties under the contract shall be suspended for the duration of the force majeure.

Dispute resolution: You (as a consumer) may also file a complaint with the authorised online dispute resolution bodies in your country listed on the European Commission's online dispute resolution platform at http://ec.europa.eu/odr. Bip & Drive shall not be obliged to participate in dispute resolution proceedings and does not intend to participate in such proceedings before an alternative dispute resolution entity or in EU online dispute resolution.