PURPOSE AND GENERALITIES
These General Conditions of Use and Conditions of Sale regulate the use of the website https://onpadel.de (hereinafter “Website”), of which On Padel (hereinafter “THE COMPANY”) with CIF DE332211380 and address at Neusser Weg 92 – 40474 – Düsseldorf, is the owner.
Through its Website, THE COMPANY provides information about its products and offers the possibility of their acquisition. Due to the content and purpose of the Website, people who want to benefit from its services must have the status of “Client”, which is acquired by completing the registration form and following the steps that THE COMPANY subsequently communicates via email. The condition of Client implies adherence to the Conditions of Use, the version published at the time the Website is accessed. In any case, there are pages of the Website accessible to natural or legal persons who do not register or initiate a product purchase (hereinafter, “Users”). In this sense, Users who access these parts of the Website agree to be subject to the terms and conditions contained in these General Conditions, to the extent that this may be applicable to them.
THE COMPANY wants to let its Clients and Users know that it is directed exclusively to an audience over 16 years of age and that the territory in which it accepts and distributes orders is that comprised by Germany and the rest of the countries of the European Union (from now on). hereinafter “Territory”). If a user is interested in receiving an article outside the European territory, they should contact THE COMPANY through the form or by sending an email to firstname.lastname@example.org, we will study their request and inform them about it.
CONTACT: For any type of doubt, query or suggestion, you can send us your comments by email to: email@example.com
The descriptions of the products displayed on the Website are made based on the information provided by their suppliers. However, the information given about each product, as well as the photographs or videos related to them and the trade names, trademarks or distinctive signs of any kind contained on the website of THE COMPANY, are displayed on the Website for guidance.
All the prices of the products that are indicated through the web page include VAT and other taxes that may correspond. However, these prices do not include the expenses corresponding to the shipment of the products, which are detailed separately and must be accepted by the Client.
THE COMPANY informs the Client that the number of available units is kept up to date with the stocks in the warehouse and the availability by our suppliers. In no case will THE COMPANY intentionally put up for sale more units than it has or the supplier has reserved for it.
THE COMPANY will do everything possible to please all its Clients in the demand for the products. However, on occasion, and due to causes that are difficult for THE COMPANY to control, such as human errors or incidents in computer systems, it is possible that the quantity finally served by the supplier differs from the order made by THE COMPANY to satisfy Customer orders. In the event that the product is not available after the order has been placed, the Customer will be informed by email of the total or partial cancellation of the order. The partial cancellation of the order due to lack of availability does not give the right to cancel the entire order. If as a result of this cancellation the client wants to return the delivered product, he must follow the provisions of the Return section.
The Customer agrees to pay at the time the order is placed. The initial price that appears on the Website for each of the products offered will be added the rates corresponding to the relevant shipping costs. In any case, these rates will be previously communicated to the Client before formalizing the purchase itself.
The receipt or proof of purchase corresponding to the purchase order will be available and can be viewed on the Website in the “My account”, “Orders” section. The Client must pay the amount corresponding to his order by means of a credit or debit card (Visa, Mastercard, Visa Electron and/or other similar cards), or transfer. The card with which the payment is made must have a Spanish bank or savings bank as the issuing financial institution. Card payment is made through Stripe with its security protocols.
The Client must notify THE COMPANY of any undue or fraudulent charge on the card used for purchases, by email or by telephone, in the shortest possible time so that THE COMPANY can carry out the appropriate procedures.
Once the order has been formalized, that is, with the acceptance of the Conditions of Use and the confirmation of the purchase process, THE COMPANY will always send an email to the CLIENT confirming the details of the purchase made.
CANCELLATION OF ORDERS
THE COMPANY will accept cancellations of orders when they are requested before the shipment of the same. To make the cancellation you must request it through the “Customer Service” form or by sending an e-mail to firstname.lastname@example.org.
DEADLINES, PLACE OF DELIVERY AND LOSSES
- Product Delivery
THE COMPANY undertakes to deliver the product in perfect condition to the address indicated by the Client on the order form, and which in any case must be within the Territory. In order to optimize delivery, we thank the Customer for indicating an address where the order can be delivered within normal business hours.
THE COMPANY will not be responsible for errors caused in the delivery when the delivery address entered by the Client in the order form does not match reality or has been omitted.
THE COMPANY informs the Client that it is possible for the same order to be divided into several deliveries.
- Delivery term
Shipments will be made through a courier company. The order placed by you will be delivered within a maximum period of 10 working days from the time we have confirmed the order. Although the usual delivery time of THE COMPANY usually ranges between 3 and 6 days, from the completion of the order. These deadlines are means, and therefore an estimate. Therefore, they may vary for logistical reasons or force majeure. In cases of delays in deliveries, THE COMPANY will inform its clients as soon as it becomes aware of them.
Each delivery is considered made from the moment in which the transport company makes the product available to the Client, which materializes through the control system used by the transport company.
In the case of delays in the delivery of orders attributable to THE COMPANY, the Client may cancel his order in accordance with the procedure described in Section “11. Return”. Those cases in which the order has been made available to the Client by the transport company within the agreed period and could not be delivered for reasons attributable to the Client will not be considered delays in delivery.
Once the order leaves our warehouses, an e-mail will be sent notifying you that your order has been accepted and is being shipped.
For security reasons, THE COMPANY will not send any order to post office boxes or military bases, nor will it accept any order when it is not possible to identify the recipient of the order and its address.
III. Delivery Data, Deliveries not made and Loss
If at the time of delivery the Customer is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. THE COMPANY contracts, as part of the courier delivery service, the performance of a series of follow-up actions, aimed at guaranteeing that the delivery takes place.
If after 7 business days after the delivery of the order the delivery has not been arranged, the Client must contact THE COMPANY. In the event that the Client does not proceed in this way, after 10 working days from the date the order is dispatched, it will be returned to our warehouses and the Client must bear the cost of shipping and returning the merchandise to origin, as well as possible associated management fees.
If the reason why the delivery could not be made is the loss of the package, our carrier will initiate an investigation. In these cases, the response times of our carriers usually range between one and three weeks.
- diligence in delivery
The Client must check the good condition of the package before the carrier who, on behalf of THE COMPANY, delivers the requested product, indicating on the delivery note any anomaly that could be detected in the packaging. If, subsequently, once the product has been reviewed, the Client detects any incident such as a blow, breakage, signs of having been opened or any damage caused to it by the shipment, the Client undertakes to notify THE COMPANY via email within the shortest period of time. time possible, before the next 24 hours from delivery. From that moment on, incidents of this type will not be dealt with (only parts under warranty).
- Return procedure
All products purchased from THE COMPANY may be returned and refunded, provided that the Customer informs THE COMPANY of their intention to return the purchased product(s) within a maximum period of 7 calendar days from the date of delivery and that the rest of the conditions established in this section are met.
THE COMPANY will only accept returns that meet the following requirements:
- The product must be in the same state in which it was delivered and must keep its original packaging and labeling.
- The shipment must be made using the same box in which it was received to protect the product. In the event that it cannot be done with the box with which it was delivered, the Client must return it in a protective box so that the product arrives at THE COMPANY’s warehouse with the maximum possible guarantees.
- A copy of the delivery note must be included in the package, where the returned products and the reason for the return are also marked.
With the aim of facilitating the return process for Clients and being able to correctly monitor it, THE COMPANY establishes the one established by THE COMPANY as the only return procedure. If the reason for the return is attributable to THE COMPANY (the product is defective, it is not the one you ordered, etc.), the amount of the return will be refunded. If the reason is another (the products were served correctly but they are not to your liking), the cost of the return costs will be borne by the customer.
To proceed with a return, the following steps must be followed:
- Inform within 7 calendar days from receipt that the product wants to be returned. The information can be made via mail to email@example.com or through the customer service form.
- THE COMPANY will inform the customer of the address to which the product must be sent.
- The client must send it through a courier company of his choice. The return must be paid by the customer.
- Inform of the courier company used, date and time of the return.
- CUSTOMER Refunds
The return of the products will give rise to a refund equal to the cost of the returned products less the cost of the return service.
Only in the event that the delivered product is defective or incorrect, THE COMPANY will also reimburse the Customer for the corresponding shipping costs.
Returns and partial cancellations will result in partial refunds.
THE COMPANY will manage the return order under the same system that was used for payment within a period of 3 days from the confirmation of arrival at the warehouse of the returned order. The application of the refund in the Client’s account or card will depend on the card and the issuing entity. The application period will be up to 7 days for debit cards and up to 30 days for credit cards.
WARRANTY OF THE PRODUCTS PURCHASED
THE COMPANY acts as a distributor of manufacturers that guarantee that the products offered for sale on the Website work correctly and do not have defects or hidden defects that could make them dangerous or unsuitable for normal use.
The contractual guarantee offered is the one usually granted by the manufacturer. Once the Customer has received the product, they will have the instructions provided by the manufacturer in its box, sufficient for the correct use and installation of the product and all the information on the guarantee. No Client may request a broader guarantee than the one indicated therein.
THE COMPANY will not be obliged to collect the damaged product and the Customer must go to the Manufacturer’s After-Sales Service. In this sense, THE COMPANY will carry out the actions aimed at providing the Clients who request it with the contact information of said service and will provide them with sufficient information for the presentation of the pertinent claims.
The guarantee will lose its validity in case of defects or deterioration caused by external factors, accidents, especially electrical accidents, wear, installation and use not in accordance with the Manufacturer’s instructions.
Products modified or repaired by the Customer or any other person not authorized by the Manufacturer are excluded from the warranty. The guarantee will not apply to apparent defects and defects in product conformity, for which any claim must be made by the Customer in question within 7 days of delivery of the products. The warranty will not cover products damaged by improper use.
It is expressly stated that inflatables do not have a guarantee since the manufacturer does not provide it due to the different factors that may affect its correct operation (punctures, sun exposure, chafing…).
INTELLECTUAL AND INDUSTRIAL PROPERTY
THE COMPANY holds all the rights to the content, design and source code of this website and, especially, including but not limited to, the photographs, images, texts, logos, designs, trademarks, trade names and data that are include on the web.
Clients and Users are warned that such rights are protected by current Spanish and international legislation relating to property intellectual and industrial.
Likewise, and without prejudice to the foregoing, the content of this website is also considered a computer program, and therefore, all current European Community regulations on the matter are also applicable.
The total or partial reproduction of this website, or any of its contents, without the express written permission of THE COMPANY is expressly prohibited.
Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action that involves an infringement of current Spanish regulations and/or international regulations on intellectual and/or industrial property, as well as the use of the contents of the Web if it is not with the express prior written authorization of THE COMPANY.
THE COMPANY informs that it does not grant any implicit license or authorization on the intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the Web. The use of the contents of the web domain is only authorized for informational and service purposes, provided that the source is cited or referred to, the user being solely responsible for their misuse.
ACCESS AND STAY ON THE WEB. OUR CONTENT
Clients and Users are fully responsible for their conduct, when accessing the information on the Web, while browsing it, as well as after having accessed it.
As a consequence of the foregoing, Clients and Users are solely responsible before THE COMPANY and third parties for:
- The consequences that may arise from the use, for illicit purposes or effects or contrary to this document, of any content on the Website, whether or not produced by THE COMPANY, officially published or not under its name.
- As well as the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the Web or its services or prevent the normal enjoyment by other Users.
THE COMPANY reserves the right to update the contents when it deems it convenient, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as deny access to the Web to Clients and Users who do a wrong use of the contents and/or breach any of the conditions that appear in this document.
THE COMPANY informs that it does not guarantee:
- That access to the Website and/or the linked Websites be uninterrupted or error-free.
- That the content or software that Clients and Users access through the Web or the linked Web does not contain any errors, computer viruses or other elements in the contents that may cause alterations in their system or in the electronic documents and files stored on your computer system or cause other damage.
- The use of the information or content of this Website or linked Websites that Clients and Users could make for their personal purposes.
The information contained in this Web page must be considered by Clients and Users as informative and guiding, both in relation to its purpose and its effects, which is why: THE COMPANY does not guarantee the accuracy of the information contained in this Web and therefore, they do not assume any responsibility for the possible damages or inconveniences for the Users that could derive from any inaccuracy present on the Web.
THE COMPANY does not assume any derivative liability, including but not limited to:
- The use that Clients or Users may make of the materials on this Website or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the Website or of third parties.
- Of the possible damages and losses to the Clients or Users caused by a normal or abnormal operation of the search tools, of the organization or the location of the contents and/or access to the Web and, in general, of the errors or problems that are generated in the development or instrumentation of the technical elements that the Web or a program provides to the User.
- Of the contents of those pages to which Clients or Users can access from links included in the Web, whether authorized or not.
- Of the acts or omissions of third parties, regardless of whether these third parties may be linked to THE COMPANY by contractual means.
- The access of minors to the contents included in the Web, being the responsibility of their parents or guardians to exercise adequate control over the activity of the children or minors in their care or to install any of the tools to control the use of Internet in order to avoid (i) access to materials or content not suitable for minors, as well as (ii) the sending of personal data without the prior authorization of their parents or guardians.
- Of the communications or dialogues in the course of the debates, forums, chats and virtual communities that are organized through or around the Web and/or linked websites, nor will it be liable, therefore, for any possible damages and prejudices suffered by individual and/or collective Clients or Users as a result of said communications and/or dialogues.
THE COMPANY will not be responsible in any case when:
- Errors or delays in accessing the Website by the Client when entering their data in the order form, the slowness or impossibility of receiving the order confirmation by the recipients or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of THE COMPANY.
- Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that it is not guaranteed that the services of the Website are constantly operational.
- Errors or damages caused to the Website due to inefficient use of the service and in bad faith by the Client.
- Non-operational or problems in the email address provided by the Client for sending the order confirmation.
- In any case, THE COMPANY undertakes to solve any problems that may arise and to offer all the necessary support to the Client to reach a quick and satisfactory solution to the incident.
- Likewise, THE COMPANY has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service. THE COMPANY reserves the right to modify the conditions of application of the promotions, extend them duly communicating it, or proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse or unethical behavior in the participation of the same.
In the event that any clause of these Conditions of Use is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these Conditions of Use.
THE COMPANY may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of the same unless expressly recognized by THE COMPANY or prescription of the action that corresponds in each case.
THE COMPANY reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, THE COMPANY recommends that the Client read them carefully each time they access the Website.
Clients and Users will always have these Conditions of Use in a visible place, freely accessible for as many queries as they may wish to make. In any case, the acceptance of the Conditions of Use will be a previous and essential step to the acquisition of any product available through the Website.
APPLICABLE LAW AND ARBITRATION