General terms and conditions of sale

GENERAL INFORMATION

The ownership of this website, tiendapadel5.com (hereinafter Website) is held by: Prozerimar, holder of 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 telephone number: 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 Use including the cookies policy and 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 Web Site 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 of 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 e-mail confirming that Tiendapadel5 has received your order or purchase request, i.e. the 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. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by 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. Although 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 what appears 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 stored in the computerized records of Tiendapadel5 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. In the event of difficulties in the supply of products or if there are no products in stock, Tiendapadel5 undertakes to contact the User and refund any amount that may have been paid as a fee.

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.

Shipping costs will be free on purchases over 65 € for peninsula and Balearic Islands, if you do not reach the minimum amount, you would have to pay 6 € shipping costs. Shipments to the Canary Islands will have a fixed amount of 6€. Delivery and/or shipping services will be made through the transportation company:  Correos Express GLS and Correos.

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 the bank 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 in the appropriate 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

Deliveries shall be made within the following territory: Spain (Peninsula, Balearic and Canary Islands).

Except in those cases in which there are unforeseen or extraordinary circumstances, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website or within a maximum period of 30 calendar days from the date of the order confirmation, if for any reason, for which it is responsible, Tiendapadel5 could not meet the delivery date, will contact the User to inform him of this circumstance and he may choose to go ahead 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 has been available for delivery, and it has not been delivered for reasons not attributable to Tiendapadel5Tiendapadel5 will understand that the User wishes to withdraw from the contract and it 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 the property of the products when Tiendapadel5 receives full payment of all amounts due in connection with the purchase or purchase 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 case he/she detects that there has been an error 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.

In the same way, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, 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 his or her 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 will be able to use the model of withdrawal form that Tiendapadel5 makes them available as an attachment to these Terms, however, their 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 for 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.

 Tiendapadel5will 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 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

Return of defective products or shipment error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the stipulations of the contract or purchase order, and that, therefore, should contact Tiendapadel5 immediately and let you know the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, if applicable, the replacement of the same.

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery costs and the costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, shall always apply.

Warranties

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Web Site, in the terms legally established for each type of product, responding Tiendapadel5, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Tiendapadel5 and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily put; and present the quality and performance usual for a product of the same type and which are essentially expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products marketed on the Web Site may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the two years following the delivery of such products. To do so, the User must have retained all information relating to the warranty of the products.

DISCLAIMER OF LIABILITY

Unless otherwise provided by law,  Tiendapadel5 accepts no 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 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. Unavailability of the Web Site for maintenance or other reasons, preventing the availability of the service. Tiendapadel5 puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of products, however disclaims liability for causes not attributable to him, 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 also 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 such failure or delay is due to events beyond its reasonable control, i.e., due to force majeure, which 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 force majeure continues; and Tiendapadel5 will have an extension in the deadline to meet 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 (email 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 the User may send to the User shall be deemed to have been sent by electronic means. Tiendapadel5 send electronically meet 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 in your email or postal address provided.

    WAIVER

    No waiver of Tiendapadel5 to a specific legal right or action or the lack of a requirement by Tiendapadel5 of strict compliance by the User of any of its obligations will not imply, 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 of  Tiendapadel5 to any of these Conditions or to the rights or actions arising from a contract shall be effective, unless it is expressly stated that it is 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 Web Site, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, if any, 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, and that they can request  Tiendapadel5 at any time, using the contact details provided at the beginning of these Conditions (General Information).

    Likewise, if from the execution of this purchase agreement between Tiendapadel5 and the User emanates a dispute, 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/ .

    Last modification: November 28, 2022