General terms and conditions of sale

GENERAL INFORMATION

The ownership of this website, tiendapadel5.com(hereinafter Website) is held by: Prozerimar, with CIF: ESB23553217 and registered in: Commercial Register of JAÉN with the following registry data: T 363, F 117, S 8, H J 13644, I/A 3 ( 4.04.12), and whose contact details are:

Address: Calle General Reding 21, 23620, Mengíbar, Jaén, Spain
Contact phone: 607990338
Contact email: padel5@tiendapadel5.com

This document (as well as all other documents mentioned herein) regulates the conditions governing the use of this Web Site (
tiendapadel5.com
) and the purchase of products on it (hereinafter, Conditions).

For the purposes of these Conditions it is understood that the activity that Tiendapadel5 develops through the Website comprises:

Marketing and distribution of clothing, accessories, accessories and paddle sports equipment for men, women and children, from major brands that authorize us to this and act as suppliers.

In addition to reading these Terms and Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Useincluding the cookies policyand the privacy and data protection policy of Tiendapadel5. By using this Web Site or by requesting the purchase of a product through this Web Site, the User agrees to be bound by these Terms and Conditions and all of the foregoing, so if you do not agree to all of the foregoing, you should not use this Web Site.

We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, navigates and/or uses the Web Site, since those in force at the time the purchase of products is requested will be applicable.

For all questions that the User may have regarding the Conditions, he/she can contact the owner using the contact details provided above or, if applicable, by using the
contact form
.

THE USER

The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

• Use this Web Site only to make legally valid inquiries and purchases.

• Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed.

• Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Web Site.

The Web Site is intended primarily for Users residing in Spain. Tiendapadel5 does not ensure that the Website complies with laws of other countries, either in whole or in part. Tiendapadel5 disclaims any liability that may arise from such access, nor does it ensure shipments or provision of services outside Spain.

The User will be able to formalize, with Tiendapadel5 the contract of purchase of the desired products in the language that is available in this Web Site.

PURCHASING PROCESS

Users may purchase on the Website by the means and in the ways established. They should follow the online purchase procedure of
https://tiendapadel5.com
during which several products can be selected and added to the cart, basket or final shopping space and finally click on “Buy and Pay Now”.

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that Tiendapadel5 has received your order or purchase request, ie order confirmation. And, if applicable, you will also be informed by e-mail when your purchase is being shipped.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail. Also, the User may, if desired, obtain a copy of your invoice on paper, requesting it to Tiendapadel5 using the contact spaces on the Website or through the contact details provided above.

Unless expressly stated otherwise, Tiendapadel5 is not the manufacturer of the products sold or that could be marketed on the Website. While Tiendapadel5 makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and / or materials and / or components of the products may contain additional or different information than that shown on the Website. Therefore, the User should not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product.

Communications, purchase orders and payments involved in transactions carried out on the Web Site may be archived and kept in Tiendapadel5 ‘s computerized records. in order to constitute a means of proof of transactions, in any case, respecting the reasonable conditions of security and the applicable laws and regulations in force in this regard, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and the Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights, and the rights of Users under the
privacy policy
of this Web Site.

AVAILABILITY

All purchase orders received by Tiendapadel5 through the Website are subject to the availability of products and / or that no circumstance or force majeure affects the supply of the same and / or the provision of services. If there are difficulties in the supply of products or no products in stock, Tiendapadel5 undertakes to contact the User and refund any amount that may have been paid as an amount.

PRICING AND PAYMENT

The prices displayed on the Web Site are final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by law, especially with regard to VAT.

Under no circumstances will the Website automatically add additional costs to the price of a product, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted means of payment are: credit or debit card, bizum, paypal, bank transfer or bank deposit and cash on delivery.

Tiendapadel5 uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if such entity does not authorize the payment, Tiendapadel5 will not be responsible for any delay or non-delivery and may not enter into any contract with the User.

Once Tiendapadel5 receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, if applicable, place established.

In any case, by clicking on “Buy and Pay Now” the User confirms that the payment method used is his/her own.

DELIVERY

Except in cases where there are unforeseen or extraordinary circumstances, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period specified on the Website or within a maximum period of 30 calendar days from the date of order confirmation. If for any reason, which was attributable to him, Tiendapadel5 could not meet the delivery date, will contact the User to inform him of this circumstance and he may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to have it redelivered.

If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Tiendapadel5 to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered for reasons not attributable to Tiendapadel5, Tiendapadel5 will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded to the User, with the exception of the additional costs resulting from the User’s own choice of a delivery mode different from the least expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him/her.

For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Tiendapadel5 receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Tiendapadel5.

In accordance with the provisions of Law 37/1992 of December 28, 1992, on Value Added Tax (VAT), purchase orders for delivery and/or service shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.

TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting Tiendapadel5 through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the General Information clause.

In any case, the User, before clicking on “Buy and Pay Now”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy for more information on how to exercise your right of rectification as set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

RETURNS

In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification.

This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Web Site from Tiendapadel5 or in the event that the goods making up your order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify its decision to Tiendapadel5. You may do so, if necessary, through the contact space provided on the Web Site (
click here
) or through:

Address: Tiendapadel5, Carretera de Bailén-Motril, Km-15, 23620, Mengíbar, Jaén, Spain
Phone: 677 622 556
email: padel5@tiendapadel5.com

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Tiendapadel5 makes available as an annexed part of these Conditions, however, its use is not mandatory.

In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In case of withdrawal, Tiendapadel5 will reimburse the User all payments received, except for shipping costs. without undue delay and, in any event, not later than 14 calendar days from the date on which Tiendapadel5 is informed of the User’s decision to withdraw.

Tiendapadel5 will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Tiendapadel5 may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of the return of the products or items, depending on which condition is met first.

The User can return or send the products to Tiendapadel5 at:

Road Bailén-Motril km 15
23620, Mengíbar, Jaén
Spain

And it shall do so without any undue delay and, in any case, no later than 14 calendar days from the date on which Tiendapadel5 was informed of the withdrawal decision.

The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, it shall be liable for any diminution in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in Article 103 of the TRLDCU, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: products that may deteriorate or without their packaging, as sealed at the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

In the following link you can access the model withdrawal form:

https://tiendapadel5.com/devoluciones

Gifts Received with Purchase Policy

In Padel5 we offer gifts with the purchase of certain products as a way to thank you for your trust. Below, we detail the conditions related to these gifts:

1. Gifts and promotions: Some products in our online store include gifts with purchase. However, in the event that Padel5 applies an additional discount, matches or improves any offer requested by the customer, the gifts associated with those products will be removed and will not be included in the promotion.
2. Returns and gifts: If you decide to return a product and do not deliver the gifts associated with the purchase, the value of the same, according to their price in our online store, will be deducted from the refund that will be made to you.
3. Gift Availability: Gift items are subject to availability. We reserve the right to exchange gifts for other products of equal or greater value without prior notice, in the event that the original gifts are not available at the time of purchase.
4. Gifts on repeat purchases: If you have previously purchased the same product and wish to receive similar gifts on a second purchase but with some variation (such as a different color or size), please send us an email indicating this, and we will do our best to fulfill your request, provided it is feasible.

DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Tiendapadel5 will not accept any liability for the following losses, regardless of their origin:

• any losses that were not attributable to any breach on its part;

• business losses (including loss of business profits, revenues, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred); or

• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.

Likewise, Tiendapadel5 also limits its liability in the following cases:

• Tiendapadel5 applies all measures concerning to provide a faithful visualization of the product on the Web Site, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.

• Tiendapadel5 will act with the utmost diligence for the purpose of making available to the company responsible for the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or thefts of the product.

• Technical failures that due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. Tiendapadel5 puts all the means at its disposal for the purpose of carrying out the process of purchase, payment and shipping / delivery of products, however disclaims liability for causes not attributable to it, fortuitous event or force majeure.

• Tiendapadel5 will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Tiendapadel5 will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.

• In general, Tiendapadel5 shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:

  • Strikes, lockouts or other industrial action.

  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.

  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

  • Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.

  • Inability to use public or private telecommunications systems.

  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

  In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Tiendapadel5 will have an extension in the deadline to fulfill them for a period of time equal to the duration of the cause of force majeure. Padel5 will use all reasonable means to find a solution that will allow it to fulfill its obligations despite the force majeure cause.

  WRITTEN COMMUNICATIONS AND NOTIFICATIONS

  By using this Website, the User agrees that most communications with Tiendapadel5 will be electronic (e-mail or notices posted on the Website).

  For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Tiendapadel5 send electronically comply with the legal requirements of being in writing . This condition shall not affect the rights recognized by law to the User.

  The User may send notifications and/or communicate with Tiendapadel5 through the contact details provided in these Conditions and, where appropriate, through the contact space on the Website (here).

  Likewise, unless otherwise stipulated, Tiendapadel5 may contact and/or notify the User by e-mail or at the postal address provided.

  WAIVER

  No waiver by Tiendapadel5 of a specific legal right or action or the lack of requirement by Tiendapadel5 of strict compliance by the User of any of its obligations shall constitute, nor a waiver of other rights or actions arising from a contract or the Conditions, nor exonerate the User from the fulfillment of its obligations.

  No waiver by Tiendapadel5 of any of these Conditions or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

  FULL AGREEMENT

  These Terms and Conditions and any document expressly referred to in these constitute the entire agreement between the User and Tiendapadel5 in relation to the object of sale and replace any other pact, agreement or prior promise agreed verbally or in writing by the same parties.

  The User and Tiendapadel5 acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

  DATA PROTECTION

  The information or personal data that the User provides to Tiendapadel5 in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Web Site, the User consents to the processing of such information and data and declares that all information or data provided are truthful.

  COMPLAINTS AND CLAIMS

  The User can send to Tiendapadel5 their complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Terms (General Information).

  In addition, Tiendapadel5 has official complaint forms available to consumers and users, which they can request from Tiendapadel5 at any time, using the contact details provided at the beginning of these Conditions (General Information).

  Also, if a dispute arises from the conclusion of this purchase contract between Tiendapadel5 and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website:
  http://ec.europa.eu/consumers/odr/
  .

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