1 - IDENTIFICATION OF THE WEB PAGE’S RESPONSIBLE
This web page www.bullpadel.com (“Web Site” from now on) is operated by:
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TRADINTER S.L. |
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REGISTERED OFFICE: |
Calle Trespaderne, nº 29, 28042, Madrid |
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FISCAL IDENTITY NUMBER.: |
B28118560 |
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CONTACT: |
TELEPHONE: |
+34 91 053 86 53 |
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EMAIL: |
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PUBLIC REGISTER: |
Tomo: 3634 Folio: 207 Folio: 61189 |
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The present document establishes the terms and conditions which are subjected to the sale through the Web Site ownership of TRADINTER S.L. (“THE COMPANY” from now on), of the products and services offered on it (“General Conditions of Sale” or “GCS”, from now on).
2 - GENERAL CONDITIONS OF SALE ACCEPTANCE:
By placing an order through the Web Site, you declare yourself to be over 18 years and to have the legal capacity to enter into a contract. In the case of placing an order on behalf of a legal entity, you declare to have enough capacity to represent a legal entity and to accept the present GCS.
Likewise, from the moment you place an order, in the previous check boxes in the sale form, you accept and commit to the fulfillment of the present terms and conditions, with no reservation about it. The present GCS replace any previous condition reflected on any other document.
In consequence, carefully read the present GCS before formalizing an order through the Web Site.
The purchase will be taken as effectuated in THE COMPANY’S registered office, indicated in the previous section.
THE COMPANY is entitled to revise and modify the present GCS at any moment and without prior warning. Nevertheless, the above changes will not have any effect over the orders that had been sent before the respective modification
3 - PERSONAL DATA:
The information or personal data you provide us, will be treated according to the previously established on the privacy policy included in this Web Site. By using this Web Site, you declare the information and data provided to be truthful, accurate and correspond to reality.
4 - CORRECTION OF ERRORS IN DATA INSERTION:
The information or personal data provided during the register on the Web Site or during the purchase procedure, can be modified through your customer profile at any moment. In the case that the payment has already been effectuated and it is necessary to modify some data, with posteriority and referring to the placed order, contact with our Customer Service or via e-mail customerservice@bullpadel.com
5- PURCHASE PROCESS
The purchase process can be effectuated in Spanish, English and French. You can select the language you prefer to place the order clicking on the top right button of the screen, you will be able to choose any of them.
The purchase process consists of various steps summarized below:
o Register:
To place an order, you should have signed up and registered before. In respect, it will be necessary to provide the following data, your name or registered name, address, and e-mail, which must be truthful and accurate. To conclude the register, it is necessary to read and accept our “Privacy Policy” and our “Terms and Conditions of the Web Site use”. By the moment you sign up, you will receive a username and a password (the “Credentials”) to access to your personal account on the Web Site. You can modify the data at any moment by accessing to your account.
o Order formalization:
As soon as you have the Credentials, you can choose the products, add them to the basket and follow the indicated steps to place the order and formalize the purchase.
Once you have included the delivery and billing data, and the payment has been effectuated, you will be informed of all the information about your order (an order number included [from now on, the “No. Order”]). Be aware that the No. Order is provided for the purpose of reference and under no circumstances it signifies a confirmation of the order acceptance on the part of THE COMPANY.
The place of an order means to effectuate a purchase offer of the selected products included in the basket according to the present terms and conditions. In case of not being able to place the order, THE COMPANY will try to contact you through the provided aids in our web page register (e-mail, telephone, etc.) to handle the order. In any case, the customer will be able to cancel the order without any penalty or cost.
o Order confirmation:
Having THE COMPANY, checked your order and verified the requested product availability, as well as the effectuated payment, it will be notified by an order confirmation (the “Order Confirmation”). The previous Order Confirmation will be sent via e-mail and will be effective from the date of dispatch.
o Order shipping and delivery:
• Shipping:
Once received the Order Confirmation, THE COMPANY will send you the product or products bought through the Web Site, to the indicated address in the previous register form, not being able to correspond to a post office box or public place such as the public highway, squares, stations, airports or similar.
All orders are subject to products availability. If any difficulty in the order supply happened or if there were not products in stock, we would refund you any amount previously paid.
Additionally, the offered articles in this Web Site, will be available for its shipment to Spain (excluding Ceuta, Melilla, and Canary Islands) and the rest of the EU countries. In orders over 50 € (excluding taxes), sent to peninsula and Balearics, the transport will be FREE. For orders outside the Spanish territory, the shipping costs will be charged depending on the zone rates.
• Delivery:
The products delivery will be effectuated with a tracking number and delivery without signature, it will be carried out by the company United Parcel Services (UPS). The orders placed from Monday to Friday before 13:00 h will be sent within the following 48 hours after the payment reception. If you prefer a registered post through UPS Extra, an additional amount will be charged. Contact us before selecting this option. Whichever shipping method you choose, we will provide you with a link so you can track your order online.
The delivery will be made to the postal address that you have included in the order data, except for force majeure. The delivery note will be sent together with the Product or Products. You can use the order tracking option with the shipping number provided in the order confirmation via e-mail. You can access to our courier service Web Site which contain updated information about your order and its delivery: https://www.ups.com/track?loc=es_ES&requester=WT/
In case you are not at home when the order arrives, UPS will leave a notice in your postbox and will send you a warning via e-mail with accurate instructions to organize the delivery/collection. You will have maximum 10 days to organize it.
The risk of the product will be at your expense from the moment of its delivery so from that moment you will be solely responsible for it. Notwithstanding the foregoing, and despite having proceeded to its delivery, you will not acquire full ownership of the products until THE COMPANY receives full payment of all the amounts due in relation to them, including the shipping costs that may be applicable.
6 - PRICE, PAYMENT METHOD, AND INVOICING:
- Price:
All the prices are shown in EUROS. The prices will be the ones published on the Web Site by the moment you place the order. All the prices include the value-added tax (VAT) according to the current legislation. The shipping and delivery costs are automatically and separately calculated for each delivery address, and you will be informed about them before the end of your order processing. Prices could change at any moment, although these possible changes do not affect the orders you have already received the Order Confirmation.
- Métodos de Pago:
LA EMPRESA a través del Sitio Web, acepta como métodos de pago los siguientes:
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Credit card: |
Credit card: You can pay using the debit or credit cards Visa, MasterCard.
No one in THE COMPANY can access to your credit card data, neither during the payment nor after. In the bank statement you will receive a charge from THE COMPANY. If your bank authorizes the payment with your card, we will process your order. |
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PayPal: |
PayPal allows to any company or any person that have an e-mail account, to send and to receive secure payments. In the button “Pay with PayPal” you will be able to access to the PayPal secure web page. Once there, if you have a PayPal account, you can authorize the payment.
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- Invoicing:
THE COMPANY will provide the invoice by electronic form in general terms, sending it to the e-mail indicated in the register moment in our web page or during the purchase procedure and will be sent in Spanish. You can contact our customer services department at any moment you want to receive an invoice in paper format, then we will print it and send it in that format
The electronic invoice will be filed in our file server for 5 years from the moment in which this invoice was sent by e-mail. In this way, you will be able to ask for it through our customer services in the case, for example, you lose it.
You can contact our customer services department on the telephone +34 91 053 86 53 or by the following e-mail customerservice@bullpadel.com
7 LEGAL GUARANTEE:
As consumer you have the right to be protected for some time against the existing faults or the lack of conformity with products:
This compulsory guarantee implies several rights you can exercise according to the Loyal Legislative Decree 1/2007, on November 16. For which is passed the restated text of the General Consumer and User Protection Act and other complementary laws (from now on, “Royal Decree 1/2007”).
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Reparation |
Replacement |
Price reduction |
Contract termination |
- Reparation and replacement::
If the product presents defects or it is not in accordance with the one you bought, you can choose between reparation or replacement, provided that one of this is not impossible or disproportionate.
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Reparation |
It will be free, as well as the costs related with it, especially the shipping costs, the costs related with the labor force and materials. |
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It will be executed in a reasonable period of time and without significant inconvenience, considering the products nature and purpose. |
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Delivered the product for its reparation, the guarantee period is paused until we return it repaired to you. |
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Once we return you the repaired product, we will during the next 6 months answer for the reparation of defects that could arise. |
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Moreover, if the repaired product is not still in accordance with the originally bought, you could choose: its replacement (unless it is thought to be disproportionate), the price reduction or the contract termination (both explained below). |
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When you hand the product to be repaired, we will give you a receipt with the delivery date and defect. When we return you the repaired product, we will give you another receipt with the delivery date and the reparation effectuated. |
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Replacement |
Replacement cannot be chosen in case of non-fungible products (non-replaceable for being unique), nor in second-hand products cases. |
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It will be free, as well as the costs related with it, especially the shipping costs, the costs related with the labor force and materials. |
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It will be executed in a reasonable period of time and without significant inconvenience, considering the products nature and purpose. |
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From the moment you ask for the replacement, the guarantee period will be paused until we return you the repaired product. The new product does not have a new guarantee period, but it continues with the initial one. |
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Moreover, if the repaired product is not still in accordance with the originally bought, you could choose: its reparation (unless it is thought to be disproportionate), the price reduction or the contract termination (both explained below). |
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When you hand the product to be replaced, we will give you a receipt with the delivery date and defect. When we return you the repaired product, we will give you another receipt with the delivery date and the reparation effectuated. |
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- Price reduction and contract termination:
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Price reduction |
You can exercise this right, if you do not have the possibility of choosing reparation or replacement and for those cases in which these were not executed in a reasonable period and without significant inconvenience. |
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It will be proportional to the difference between the non-defective product’s value or in accordance with the originally bought and the defective product’s value or in no accordance with the originally bought. |
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Contract termination |
This right cannot be exercised if the lack of conformity is minor. |
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In the rest of the cases, you can exercise this right if you do not have the possibility of choosing reparation or replacement and for those cases in which these were not executed in a reasonable period and without significant inconvenience. |
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How long do I have these rights? |
New products |
3 years from the day indicated on the purchase invoice or ticket or on the delivery note if it is a later date. |
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How do I exercise them? |
You need to contact us via e-mail customerservice@bullpadel.com or calling this telephone: +34 91 053 86 53 where we will tell you how to proceed. |
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Be aware that: |
You need to inform us about the defect or lack of conformity in a 2-year period since you have certainty of it, because you will be responsible of the damages occasioned by your communication delay. Nevertheless, you keep the rights mentioned before. |
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We understand the product does not present defect or is in accordance with the originally bought provided that: |
It fits to the description created by THE COMPANY, and it has the qualities indicated on the Web Site. |
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It is suitable to the uses to which same kind products usually are set aside for. |
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And it presents the quality and common services of the same kind of products which are with good reason expected considering the product’s nature and, when applicable, the public statements about the concrete characteristics of the products we could have made. |
8 - LEGAL RIGHT OF WITHDRAWAL:
In accordance with the Royal Legislative Decree 1/2007, November 16, which passes the restated text of the General Consumer and User Protection Act and other complementary laws (from now on, “Royal Decree 1/2007”), in case you have the consumer condition, according to this term, you will have the right to withdraw from the sales in a 14 calendar days period from the reception of the sale products without need of justifying your decision and without penalty, unless the sale refers to some of the products or services detailed in the article 103 of the previously mentioned law, among which are, with merely a declarative character:
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i) |
The supply of goods made in accordance with the consumer and user specifications or clearly personalized; |
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The goods supply that can be damaged quickly; |
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The sealed goods supply that are not suitable to be returned for health or hygiene protection reasons and that have been unsealed after the delivery. |
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How do I exercise my right? |
You must notify your decision of withdrawing from the sales contract through a unequivocal declaration sent via e-mail to: customerservice@bullpadel.com or through postal mail to this address: Calle Trespaderne, nº 29, 4º, 28042, Madrid, in which you must include your contact data, the order’s reference, the delivery date, ID or NIF photocopy, and a copy of the invoice. To that effect, you can use this model of withdrawal form. |
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THE COMPANY will contact you to coordinate the collection of the article subject of withdrawal. Unless the opposite is indicated, you will be able to return the products by sending them to this address: Avda. Conde Romanones, 12 Nave B, Pol. Ind. Miralcampo N II km.43.400, 19200 Azuqueca de Henares (Guadalajara), being at your expense the shipping costs. |
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise of the aforementioned right is sent before the corresponding period expires.
In case of withdrawal in accordance with the present clause, THE COMPANY will return to you all the payments received related to the purchase subject of withdrawal, including the shipping costs corresponding to the cheapest shipping option offered, no later than the following 14 days to the day in which THE COMPANY receives the previously indicated communication. Nevertheless, the return costs of the products are at your expense. In any case, if the product is damaged, defective or the article does not correspond to the one originally ordered, we will take the responsibility for the product returning costs.
THE COMPANY will be able to effectuate that refund by using the same payment method you would have used to the initial purchase transaction unless another payment method is specifically agreed. Nevertheless, THE COMPANY will be able to withhold the return until having received the goods subject of sale and proved that the products are in good condition or until a return proof of them is demonstrated, depending on which condition is firstly fulfilled.
The articles must be returned in a packaging that ensures the products are correctly protected during the transportation.
9- ONLINE DISPUTE RESOLUTION PLATFORM:
In accordance with Article 14 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, consumers have an Online Dispute Resolution Platform, which can be accessed from the following link:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=ES
By that link, the Web Site users can gain access to the Online Dispute Resolution Platform. In case you had a problem with a purchase or an online service, you will be able to use this means to present any complaint related to that sale or service as well as opting for an extrajudicial solution for the caused dispute.
A direct access has been stablished on the web page’s footer to allow the consumers an easy access to the platform.
10- CUSTOMER SERVICES DEPARTMENT
In any case, for any problem or complaint you can send an e-mail to customerservice@bullpadel.com or contact us calling the telephone +34 91 053 86 53. You can also send your request by postal mail to our company’s registered office or using our online chat. As a consumer you can request a complaint form in the registered office of THE COMPANY.
11- COMPANY’S RESPONSIBILITY:
THE COMPANY does not take responsibility of (i) those losses that were not attributable to any breach of contract on their part. (ii) those indirect losses or of consequential character that were not reasonably foreseeable by both parts at the moment in which the contract of the products purchase was formalized.
Nothing of the previously stipulated in the present conditions limits or excludes our responsibility in case of falseness, death, or personal damages attributable to our negligence or fraud.
Consider that this does not take effect over your legal rights as consumer in the Royal Decree 1/2007 terms nor over the right of returning the products according to the number 8 clause.
12 -WRITTEN COMMUNICATIONS
The applicable regulation demands that part of the information or communication we sent you, must be in written format. By using this Web Site, you accept that the biggest part of those communications with THE COMPANY are electronic. On the contractual effects, you consent to use this electronic means of communication and you recognize that every contract, notification, information, and more communications THE COMPANY send you in electronic format, fulfill the legal requirements for being in a written format. This condition does not affect your legally recognized rights.
13 - NOTIFICATIONS:
The communications you send to THE COMPANY should be preferably sent via e-mail customerservice@bullpadel.com. According to the previously stipulated in the clause 10 and unless the opposite is agreed, THE COMPANY will be able to send you communications via e-mail as well as to the postal address you provided when placing an order.
We will understand the communications have been received and have been correctly done 24 h after having sent an e-mail, or 3 days after the postmarked date of any letter. To check that the communication has been correctly done, would be enough to check, in case of a letter, that it had the correct address, it was properly stamped and was correctly handed in the postal mail or in a postbox and, in case of an e-mail, make sure it was sent to the e-mail address indicated when you placed the order.
14 - TRANSFER OF RIGHTS AND OBLIGATIONS
In case of making a purchase through this Web Site, the present GCS are binding on you, on THE COMPANY as well as on the respective successors, assignees, and grantees.You will not be able to transmit, cede, or in any other way transfer your contractual position or some of the rights or obligations derived in your favor, without having obtained the previous written consent from THE COMPANY.
15- PARTIAL NULLITY:
If some of the present GCS were declared null and without effect by final decision and competent authority, the remaining terms and conditions will remain in force, without being affected by the above declaration of invalidity and the null or inapplicable clause will be replaced by another one that could be as much similar as possible to the previous one.
16- FORCE MAJEURE::
Neither you nor THE COMPANY will be responsible for the noncompliance with the GCS, resulting from a force majeure out of your control. It will be understood a case of force majeure any act, event, lack of exercise, omission, or accident out of reasonable control and particularly and with merely declarative and non-limiting character, the following: strikes, lockouts or any other protest actions, natural disaster, civil commotion, threats or terrorist attacks, impossibility of trains, boats, planes, motorized transports, or other means of transport use.
We will understand the obligations to be suspended during the period of time when the force majeure continues, and we will dispose an extension on the period to fulfill all the obligations with a same period of time as the force majeure duration.
17 - APPLICABLE LAW AND JURISDICTION:
The contract for the purchase of products through this Web Site is subject to the Spanish law. Any controversy related to the Web Site’s use or with that contract will be subjected to the non-exclusive jurisdiction of the Spanish courts and tribunals provided that it is not detrimental to the mandatory right of one of the parts when suing before another competent court in accordance with the procedural law in force.
Nevertheless, the above said, if you are hiring as consumer in the terms of the Royal Decree 1/2007, nothing in this clause will affect the rights that as such may be recognized by current legislation.