Purchase Conditions for the Web Page T2P

1.- INTRODUCTION

This document (next to the documents mentioned below) establishes the conditions which define the terms of use of this web page and the purchase of products (hereinafter, the”Conditions”).

Please read carefully our conditions before accessing the web site. Using this web page or purchasing a product in it, implies that you express and unreserved consent to abide yourself to this Conditions, for which, if you do not agree to this conditions, you should not use this web page.

These Conditions could be modified. Is your responsibility to read them periodically, as we reserve the right to change, modify, add or remove any part of these Conditions at any time and without prior notice. The Conditions established on the precise moment are the ones which will be applied.

 

2.- OUR INFORMATION

 

This web page is operated under the denomination TIME2PADEL by the entity Definitely Time2Padel, S.L., Spanish society situated in “Calle San Ramon Nonato, 4. Madrid 28046 (Madrid), subscribed on the Madrid Mercantile Registry, tomo 30.244, Page 76, Section 8,  página  M-5445375, 1st subscribed and NIF B86521747.

 

3. - YOUR DATA AND VISITS TO THIS WEB SITE

The information or personal data you provide about yourself will be treated with reference to what the privacy politics establish. By using this web site you consent the treatment of that information and data and you declare that every information and data given are true and correspond to reality.

 

4.- USAGE OF OUR WEB PAGE

When using our web site and/or purchase a product through it, you compromise yourself to:

o         Using the web page only to make inquiries or do legally valid purchases.

o         Not to make a fake purchase or a fraudulent one. If we are capable enough to consider that the purchase is fake or fraudulent, we will immediately cancel the order and inform the correspondent authorities about it.

o         Giving us a valid email address, post code and/or other contact information. Also, the client shall be aware that we may use this information to get in contact with you, if necessary.

o         If you do not offer us all the required information, we will not be able to proceed to deliver your order.

o         When doing an order through our web site, you declare to be older than 18 years old and to be able to form legally binding contracts

 

5.- AVAILABILITY OF OUR PRODUCTS

We can only guarantee the delivery of our products, offered on our web site, to Spain and Portugal. For other destinations, contact us previously at info@time2padel.com.

 

6.- AGREEMENTS

The information in the present Conditions and the details contained in this web site do not constitute any kind of sales offer, but an invitation to contract. There will be no contract between you and us in relation to any product until your order has been accepted by us. If your offer is not accepted, and you had already been charged, this will be fully refunded.

To make an order, you will have to follow the online procedure and click “Accept payment”. Take in to consideration that this doesn’t mean that your order has been accepted, as this will be part of an offer you make us to buy one or more products. All orders are subjects to acceptance by us and you will be notified by email, where we will confirm that the product have been sent (the “DELIVERY CONFIRMATION”). The contract for the acquisition of the product, between you (the “CONSUMER”) and us will be only formalised when we send you the Delivery Confirmation.

Only the products inside the Delivery Confirmation will be part of the Contract. We will not be obliged to supply you any other product until the Delivery Confirmation for it has been sent.

 

7.- AVAILABILITY OF PRODUCTS

In case any of the products you have bought from us in not in stock, you will be contacted by our staff during the following 3 to 7 working days. Informing you immediately with an approximate delay time and offering, in this case, the option to accept or decline the order.

 

8.- REFUSAL TO PROCESS AN ORDER

We will save the right to withhold any product from this web site at any moment and to modify any material or content from the web. Even if we do everything we can to process every one of the orders, there can always be special circumstances that will oblige us to reject the process of an order, even having sent the Delivery Confirmation, for what we reserve the right to do so in any moment, in our sole discretion and without notice.

We will not be responsible towards you or any tertiary entity for the fact that we have taken from the web any product, even if the product has been or not sold, taken or modified any material or content from the web, or for denying an order after the Delivery Confirmation has been sent. 

9.- DELIVERY

Standing what has been established on Clause 7 above, about the availability of products and unless extraordinary circumstances occur;

If the payment method selected is PayPal or cash on delivery, our delivery company will deliver the package in between 24 to 48 working hours inside the Iberian Peninsula, Baleares or Portugal, once the order has been processed.

If the payment mode is deposit or bank transfer, the delivery process will be initialised once the money has been received with the reference to the order in the Time2Padel account.

If you order is not in our stock and we verify that the delivery will be more than 7 working days, we will inform you immediately with an approximate delay time, offering the client, in this case, the option to accept or decline the order.

The orders to Canarias, Ceuta or Melilla or International can take longer than the rest of deliveries. Ask us for the delivery times.

 

10.- IMPOSIBILITY OF DELIVERY

If after two tries to deliver the order there is no answer, it will be deposited in the shipping company’s office for the next 15 days so you can go and pick it up from there. If you are not going to be in the delivery address at the time and day given, we beg you to please contact us.

11.- TRANSMISSION OF RISK AND OF THE PROPERTY OF PRODUCTS

The risk of the products will be in your charge once the delivery has been completed.

You will acquire the property of the products when we receive the complete payment for the whole quantity in relation to the products, including delivery fees, or when the delivery is done (just as explained on Clause 9 above).

 

12.- PAYMENT AND PRICE

 

The price for each product will be the one stated on our web site, with the exception of manifested error. Even if we try to be sure that all our prices are correct, we can always have errors. If we realise there is an error in any of the products you have ordered, we will notify you as soon as possible and we will give you the option to re-confirm your order at the correct price and to accept or decline the order.

If we are not able to get in contact with you, the order will be cancelled and we will receive a full refund of your order.

 

We are not obligated to give you a product if the price given is lower to the official one (even if we have sent you the Delivery Confirmation) if the error is obvious and unequivocal and could have been recognised by yourself as an incorrect price.

 

The prices on our web page include VAT, but exclude the delivery fees, which will be added to the total amount as exposed on our Guide for Delivery Fees.

 

Prices can change in any moment, but the possible changes will not affect the orders which have already received a Delivery Confirmation.

 

Once you have completed your purhasing, all the articles you will like to buy will have been added to the shopping cart. The following procedure is to check out the shopping cart and do the payment. 

 

*Important: If you make use of any discount voucher you will not receive the presents included in the information of the products. Both offers can not be applied simultaneously.

 

13.- HOW TO PLACE AN ORDER

 

You will be able to choose between the following payments methods:

 

Deposit or Bank Transfer

Entity: ING

Account Nº: IBAN ES94 1465 0100 9819 0011 3632

Beneficiary: Definitely Time2Padel S.L.

NIF: B86521747

 

For international bank transfers, you shall add:

IBAN ES94 1465 0100 9819 0011 3632

SWIFT Code: ESPC ES MM

 

If you decide to do a deposit, you will be able to do it at any Banesto office.

 

PayPal

The charge will be made as soon as we confirm your order.

 

Cash Payment

 

It will be done at our store in Madrid TIME2PADEL Plaza Castilla. You will have to place your order through our web site and wait for our confirmation that the order has been prepared, to come and pick it up.

 

Cash on Delivery

This payment mode is simple and secure. It is only paid at the moment when you receive your order, directly to the shipping company. Only available for Spain and Portugal (Iberian Peninsula).

 

Paga+Tarde (financing your order)

With this payment method you will be able to pay your order in several dues, with a minimum of two and a maximum of six.Only available for Spain and Portugal (Iberian Peninsula).

 

14.- VALUE ADDED TAX

In accordance with the article 68 from the Law 37/1992, December 28, about the Value added Tax, the delivery of the products will be localised in the territory with appliance of the Spanish VAT. The kind of applied VAT will be legally valid in every moment depending on the specific article in question.

In the orders addressed to Canarias, Ceuta or Melilla, the deliveries will be extent from VAT by the appliance of the Article 21 from the Law 37/1992, with no damage by the application of the taxes and duties correspondent to each territory.

 

15.- CHANGES/RETURN POLICY

 

The costumer has 15 natural days, since the day they received the order, to return a product. The costumer will bear the costs of sending the product you want to change or return. Any order with freight collect, will not be accepted.

 

Every returned product will have to be approved by Time2Padel, for which it will have to meet the following requirements:

 

1.-  Orders returned will have to carry the bill inside, including a contact number.

 

2.- The products must be new, with no use, with all the seals and original tags (boxes, blisters, plastics, accessories, etc).

 

3.- The products must get to destination in perfect conditions. In case they are tennis shoes or other products with its own box, this box must be protected as it is considered part of the product. It must not be used as a delivery box.

 

In case the return has been accepted, we will generate a voucher with the total purchase amount so you can spend it on our web site or at our store in Madrid. In any case, money will NOT be refunded.

 

16.- LEGAL RIGHT TO WITHDRAWAL FROM A PURCHASE

In accordance with current regulations, if you are contracting as a consumer, you will be able to desist from the Contract (except for when the object is any of the products included in the following Clause) at any moment during the 15 natural days since the product has been received.

In this case, we will generate a voucher with the total purchase amount and you will be in charge of paying for the costs of shipping the product back to origin.

This disposition does not affect other recognised Rights for the consumer in the current regulations.


17.- CONTRACTUAL RIGHT TO WITHDRAWAL

In addition to the right of withdrawal recognised legally to the consumers and users mentioned in the previous Clause 16, we give you a period of 15 days; from the date you’ve received the order to return any of the products.

Once the return has been approved, we will generate a voucher with the total purchase amount so you can spend it on our web site or at our store in Madrid. In any case, money will NOT be refunded. You will be in charge of paying for the costs of shipping the product back to origin.

 

Common provisions:

Your right to withdrawal of the Contract must be exclusively applied to those products that are returned en the same conditions in which they were received. Please, send back the product using or including the original packaging. It must include the documents and wrappings of the products. In any case, you must return the products with the bill (you can download it in your account)

There will be no refund if the product has been used or if it has suffered any damage, for which we ask you to be really careful while you are in possession of them.

 

18.- RETURN OF DEFFECTIVE PRODUCTS

 

All our products have the guarantee given by each brand or supplier. These suppliers guarantee that the products sold in this website are in perfect conditions and they do not present any flaw or hidden faults that could make them dangerous or inadequate for the normal use.

In compliance with the current law, our products have a two year guarantee from the day the purchase is effective. During the first six months, the flaw that could present its presumed to be original from the manufacturers, unless proven otherwise. The consumer must prove that it has also been a flaw original from the manufacturers if produced from the sixth months and before the two years.

If before the sixth month a damage/deterioration is produced  in the product and the costumer suspects that is must be because of a flaw from the manufacturers you can make use of the guarantee protocol contacting our costumers service 0034 640 376 889, being Time2Padel who will process the guarantee with the technical dept. of the brand.

Once the article has been analyzed by the technical dept. three situations may occur:

1.- That the technical dept. fixes the product and its sent back to the client.

2.- That the technical service changes the product for a new one. In this case, they will always give you back the same product, making it impossible to be changed for another one (except if the product is out  of stock)                                               

3.- That the technical service says the product has no manufacturing issues and so they do not proceed to change it or repair it. In this occasion, the product will be returned to the client in the same conditions as it had been sent.

(Arts. 115 et seq. from the Royal Legislation Ordinance 1/2007, 16 November, in which the approval for the Refund Text of the General Law for the defence of consumers and users and other complementary laws – BOE nº 287, 30 November 2007)

 

19- INTELLECTUAL PROPERTY RIGHTS

 

You recognise and approve that every copyright, registered brand and every other kind of intellectual property rights over material or contents published on our web page corresponds in every single moment to us or to whom it grants us their license for commercial use.

 

20.- VIRUS, HACKING AND OTHER CYBER ATTACKS

 

You shall not make any inappropriate use of our web page by introducing viruses, Trojan horses, worms, logic bombs or any other program or technological material which could be harmful or dangerous for our system. You will not try to have non-approved access to this web page, to our server in which this web page is included or to any server, computer or data base related to our web page. You compromise yourself not to attack this web page through a denial of service attack or a denial of distributed service attack.

We will inform the respective authorities about any breach and we will cooperate with them to try and identify the attacker. Also, if the clause is breached, you will be immediately unauthorised to use this web page.

We will not be responsible for any damage or loss generated as a result of a denegation attack on our service, virus or any other program or technological material which can damage or cause problems on your computer, technological equipment, data or materials as a consequence of the use of the web page or the download of content from it.


21.- LINKS FROM OUR WEB PAGE

 

If our web page includes links which redirect you to other web pages or uses material from their web pages, this links will be only use as informative links, we have no control over the content and material offered by other other web pages. For this, we will not accept any responsibilities in case there is any loss or damage produced by the use of this links.


22.- WRITTEN COMMUNCATIONS

 

Applicable laws require that part of the information and communications that we deliver are written. By using this web page, you are accepting that most of this communications with us are mainly done electronically. We will get in contact with you through email or we will deliver the information posting it on our web page. For contractual purposes, you approve to use this communication system and you recognise that every contract, notification, information or other communications we send you electronically and any legal requirement as such will be in written down. This condition will not affect your legal rights recognised by the Law.


23.- NOTIFICATIONS

 

The notifications that you send us, must be preferably sent through our contact form. In agreement with what has been disposed on clause 19 above and as otherwise provided herein, we will be allowed to send you notifications via email or to your address which you have given us when the order was placed.

We will understand that the notifications have been received and have been correctly done at the same instant that they have been posted on our web page, 24 hours after an email has been delivered, or three days after the letter has been posted. To see that the notification has been correctly done, it will be enough, if it is a letter, that the address was correctly done, it was correctly sealed and was given to de post office or a postal box; and, in case of emails, that it has been sent to the correct receiver.


24.-  TRANSFER OF RIGHTS AND OBLIGATIONS

The contract is associated both for you and us, as it is for our respective successors, beneficiaries and assigns.

You will not be able to transmit, give, trespass the rights of any contract or any right or obligation which have been derivate on yourself without us knowing and allowing it.

We can transmit, give, trespass, outsource or transmit a Contract or any kind of rights or obligations which have been derivate on us during the established time for the validity of the Contract. If there are any doubts, this data transfers, charges or other transfers will not affect the right that, in your case, you have as a consumer recognised by the law and can reduce, cancel or limit any guarantee both in the express and didactic manners.


25.- EVENTS BEYOND OUR CONTROL

We will not be responsible for any breach or delay to comply any of the obligations we have assumed inside the Contract, which cause is related to events which our out of our reasonable control.

The Mayor Force Causes include any act, event, and lack of exercises, omission or incident which is out of our reasonable control and next to others, the following:

-       Strikes, lock-outs, or other industrial action.

-       Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack.

-       Fires, explosions, earthquakes, tsunamis, wind and storms, flood, leaks and spills, threats or crimes, and workspace accidents

-       Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

-       Impossibility to use public of private telecommunication systems.

-       Acts, regulatory decrees, legislation, norms or restrictions from any government or public figure.

-      Strike, failure or accident of marine or fluvial transport, postal or any other kind of transport.

It is understood that the obligations deriving from the Contracts will be cancelled during any period of Mayor Force Cause taking place, and we will count on an expansion period so we can fulfil our obligations during a time which will be equal to the time taken during the Mayor Force Cause. We will establish reasonable ways to try and solve these situations or to try and solve the problems which can make us continue with our duties established on the contract, even if there is a Mayor Force Cause going on.


26.- WAIVER

 

If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.


27.- PARTIAL NULLITY

 

If any of the established Conditions or any disposition of a Contract were to be declared as null or without effect through a firm resolution given out by the responsible authority, the remaining terms and conditions shall survive, without being affected by this nullity.



28.- OUR RIGHTS TO VARY THIS TERMS

 

We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.


29.- LEGISLATION AND JURISDICTION

 

The use of our web page and the purchase contracts for our products done through the web page are governed by the Spanish legislation.

If there is any controversy in relation to the use of our web page or with the Contracts, the procedure will be taking place at the Courts of Madrid.

If you have contracted as a consumer, nothing on this clause will affect your Rights as they have been set on the actual legislation.


30.- COMMENTS AND SUGGESTIONS

 

Your comments and suggestions will be welcome. We ask you to send this comments and suggestions through our contact form.

Also, we have official reclamation papers for clients and users to formally establish a complaint. You can ask for them calling to our telephone number 666.368.598 or through a contact form.

Privacy Politics

 

1.- Every time you use this web page you will be under the application of the actual Privacy Politics, having to read this text to be sure you agree with it.

2.- Personal data you will give us will be only used in a file under the responsibility of DEFINITELY TIME2PADEL whose aims are:

o         Development, compliance and implementation of the sales contract of the products acquired or for the contract between both.

o         meet the problems which emerge;

o         Offer information about the products Time2Padel sells, in relation to this products, the delivery of commercial information through email or any other equivalent platform (such as SMS) as through phone calls. You can change your delivery preferences through your personal account.

 

3.- DEFINITELY TIME2PADEL, S.L. with registered office in the street Calle Grañon nº24 (28050 – Madrid), as the party responsible, compromises to respect the confidentiality of the personal information and guarantees the exercise of your access rights, rectification, cancellation or opposition, through a directed letter to the address offered before to the attention of “Función LOPD” or through our email contacto@time2padel.com. In both cases, adding a copy of the national identification card, passport or any valid document. In case you decide to put to work your rights we would appreciate if, in the above mentioned communication, you included the subject and circumstances for why you are writing to us.

 

Cookies

 

We can get information about your computer, including, in this case, you IP address, operative system and the browser you are using, for the administration of the system. This is used for statistic matters about how to browse through our web site.

 

For the same reason, we can obtain information about your general Internet use through a file of cookies which saves directly on your computer. These cookies contain information which is transferred to your computer through the hard drive.

 

These cookies can help us to make better our web site and for so we can offer a better service and more personalised. The can offer us:

 

-          Create statistical files about patterns and numbers of usage.

-          Recap information about your searching preferences and personalise our web page in accordance with your individual interests.

-          Make your browsing faster.

-          Recognise you when you come back to our web page.

 

You can deny the use of cookies on your computer by configuring your browser so that it automatically denies cookies. Nevertheless, if you select this configuration, you may not be able to access certain parts of our web page or you will not be able to use some of our services. If you do not apply this browsing option, our web page will automatically apply cookies on your computer as soon as you enter our web page.