ALL FOR PADEL S.L. (hereinafter, "AFP") with registered address at Calle Cardenal Marcelo Spínola, 42 - PLT 2, Madrid, 28016 (SPAIN), registered at the Mercantile Registry of Madrid in volume 29046, book 0, sheet 162, section 8, page m-529300, with EIN B86333465, acting in its capacity of service provider, is responsible for the website www.allforpadel.com and, in particular, for shop.allforpadel.com (hereinafter jointly referred to as the "website").
These Purchasing Terms and Conditions establish the terms and conditions for sales made between any individual who wishes to purchase products on the website (hereinafter, the "Customer") and AFP.
AFP reserves the right to unilaterally modify these Purchasing Terms and Conditions, which applies to changes in orders placed on or after the effective date thereof.
Pursuant to Article 27 of «Law 34/2002, on Information Society Services and Electronic Commerce» (hereinafter, "LISSEC"), the contracting process shall be as follows:
1. Products offered
The main characteristics of each product are described in their corresponding technical specifications or sections (characteristics, price, offers, discounts, etc.).
The description of the products offered on the website is based on the information provided by AFP's suppliers.
2. Price and validity period of the offer.
The prices applicable to each product are those published on the website, which are expressed in euros and include Value Added Tax (VAT) or other taxes that may apply. The applicable VAT rate shall be that legally in force at any given time in accordance with the specific article in question.
Unless expressly indicated otherwise, product prices do not include costs related to shipping, handling, packaging, shipping insurance or any other additional service related to the acquired product.
Prices may change daily, at any time. Said changes will not affect the orders previously confirmed by AFP to the Customer.
3. Formalisation of orders
Orders may only be placed by individuals registered on our website, who will have consumer status under the applicable legislation.
AFP will not accept orders placed by companies, associations, independent contractors or any other type of legal person, which must contact AFP through the commercial channels established for legal persons.
In order to purchase on the website, you must:
• Provide your name and address, telephone number, email address, payment details and other necessary information.
• Be, at least, 18 years old.
• Register and create a Customer account through the website.
The Customer agrees that its order is an offer to purchase the Products listed in its order, in accordance with these Terms and Conditions.
Prior to formalising and paying the order, the Customer can check all the order details: items, amounts, price, availability, shipping costs, charges, discounts, taxes and the grand total of the purchase.
After receiving the order, AFP will send the Customer an order confirmation email with the details of the purchase made. The contract will become effective when the Customer receives said confirmation.
The order confirmation email is the Customer's proof of purchase. AFP will store it pursuant to Article 27 of the LISSEC.
All orders are subject to the availability of the products. AFP has a period of three days from the order formalisation date in which to review and accept it. If the product desired by the Customer is out of stock, AFP may reject the order and proceed to cancel it. AFP may decide, at its sole discretion, not to accept orders it considers abnormal, fraudulent or have not been placed by individuals.
The Customer is responsible for the accuracy and veracity of the information provided to AFP.
4. Rectification, cancellation or modification of orders.
The Customer may correct errors related to the personal data provided in their order, after the payment process, by contacting AFP's Customer Care Service (contact in article 14 of this document)
AFP does not guarantee changes or modifications made to orders. The Customer shall contact the Customer Care Service as soon as possible to notify any incident with their order that entails the cancellation and/or modification of the order. AFP will endeavour to make the requested changes, provided that the Customer notifies them within a period of twenty-four (24) hours following the order date and that it is notified prior to the order preparation stage.
5. Order delivery
AFP only ships orders within Spain and with the restrictions indicated below:
Orders are not delivered to:
• Post office boxes.
• Andorra, Canary Islands, Ceuta and Melilla.
Consumers living in Andorra, Canary Islands, Ceuta and Melilla may contact the Customer Care Service to learn how they can access the products marketed by AFP.
AFP undertakes to deliver the product at the address indicated by the Customer when placing the order and a single order may be divided into various instalments.
AFP does not assume any liability when the product cannot be delivered due to: i) incurring one of the indicated restrictions; ii) the false, inaccurate or incomplete nature of the data provided by the Customer; or iii) any other cause beyond AFP's control.
Orders shall be delivered through a courier service. Delivery dates or terms shall be understood to be approximate and any delay will not be considered an essential breach of this contract. The delivery date shall be indicated in the order confirmation email sent by AFP.
The delivery date shall not exceed thirty (30) days from the contract formalisation date. If the Customer receives the order within said time period, they shall be entitled to demand delivery thereof from AFP, granting a new reasonable delivery period or may terminate the contract and be entitled to a refund of all the amounts paid. If the Customer orders a personalised product(s), the manufacturing period for said Product(s) shall be added to the delivery period.
If, after seven (7) business days have passed from the date on which the Customer is notified of an upcoming delivery, the order is not delivered and is returned to AFP, for reasons beyond its control, we will consider that the Customer withdraws from the contract, thereby terminating it. As a consequence of the termination of the contract, we will refund the price of the product within a maximum period of fourteen (14) days from the contract termination date. Please bear in mind that the transport arising from the termination may entail an additional cost, which we are authorised to charge to the Customer.
The Customer is responsible for checking the condition of the products upon receipt of the order and making any justified observations on the delivery note. The Customer is responsible for examining the goods received and verifying their condition and that the order is complete. In the event of damages or missing products, please contact AFP's Customer Care Service as soon as possible.
6. Withdrawal right
The Customer has a period of fourteen (14) calendar days, from the product receipt date, in which to exercise their withdrawal right. In the case of orders delivered by instalments, the withdrawal right will expire within a period of fourteen (14) from the date on which they received the last instalment.
The Customer may only return products which have been subject to reasonable care and which have not been used for a purpose other than that required to check their nature and characteristics. Pursuant to the legislation in force, the Customer shall be responsible for any reduction in product value arising from the different use to that specified above.
Additionally, pursuant to the applicable legislation, the withdrawal right has different exceptions and the Customer cannot exercise it in relation to:
- Products prepared in accordance with the consumer and user's specifications or which are clearly personalised.
- Sealed products which cannot be returned for health security or hygienic reasons and which have been unsealed upon delivery.
Exercising the withdrawal right
The withdrawal right must be exercised within the indicated period of fourteen (14) calendar days.
The Customer may exercise their withdrawal right by notifying AFP through a declaration unequivocally expressing said intention sent to AFP's Customer Care Service through any of the following means:
-Postal address: Calle Cardenal Marcelo Spínola, 42 - PLT 2, 28016 Madrid (SPAIN)
Likewise, the Customer may use the withdrawal form we place at their disposal.
Upon receipt of the Customer's completed withdrawal communication or form, AFP will acknowledge receipt thereof and will send them a confirmation email.
The Customer may then return the product, without any unjustified delay and, in any case, no later than fourteen (14) calendar days from the date on which they notified their decision to withdraw from the contract.
AFP informs that the direct costs of returning the goods (delivery costs) shall be charged to the Customer, in accordance with the applicable legislation.
The Customer must include all accessories, user manuals and any free gift found inside the package. In the case of a Product purchased as part of a set of multiple products, all the Products that compose the set must be returned. Please treat the product with reasonable care and package it securely.
AFP shall reimburse the amounts paid by the Customer within a period of fourteen (14) calendar days from the date on which we received their contract revocation message and subject to the circumstances expounded below. We can deny reimbursement of the payment until we have received the returned goods or until you demonstrate that you have sent the goods, whichever comes first.
The reimbursement will be confirmed by email and will be made using the same payment method as that used by the Customer to perform the original transaction, unless expressly agreed upon otherwise with the Customer. Under no circumstances shall we charge any amount for reimbursing the payment.
We inform you that, pursuant to the legislation in force, AFP will only reimburse the amount of the shipping costs corresponding to the least expensive ordinary delivery modality and not those arising from a different delivery option selected by the Customer.
AFP reserves the right to reject the return of the Product if the Customer intends to exercise their withdrawal right in relation to a product in which it cannot be exercised.
Furthermore, the consumer shall assume any depreciation of a product resulting from unnecessary handling to determine its nature or characteristics, without affecting their withdrawal right. AFP reserves the right to deduct the amount corresponding to the loss in value suffered by the Product from the amount to be reimbursed in those cases where the Product returned by the Customer: i) is damaged; ii) has been used in a manner other than that deemed necessary to verify the nature and characteristics of the product; iii) is incomplete; or iv) has not been treated with reasonable care during the time it was in the Customer's possession and/or upon returning it.
7. Claims and out-of-court mechanisms for resolving discrepancies
The Customer may file any claim it deems necessary through any written means of contact with AFP's Customer Care Service, which shall be attended as soon as possible, within a period of one (1) month upon receipt.
7.1. Consumer protection claim forms
AFP informs the Customer that it places claim forms at its disposal, which the Customer may request by contacting the Customer Care Service. Once requested, AFP will send the Customer the official form or will provide access thereto.
7.2. Online Dispute Resolution (ODR)
Pursuant to Article 14.1 of «Regulation (EU) 524/2013 on consumer online dispute resolution», we inform you that the European Commission provides a freely accessible plafrom for online dispute resolution through the intervention of a third party, called “Online Dispute Resolution Body”(hereinafter, "ODR") and which acts as any intermediary between the parties concerned. This body is neutral and will dialogue with the parties in order to reach an agreement and may finally suggest and/or impose a solution to the dispute.
AFP places the ODR platform access link at Customers' disposal: http://ec.europa.eu/consumers/odr/
8. Force majeure
The parties -AFP and the Customer- will not be liable for any lack of compliance due to causes of force majeure. For these purposes, "force majeure" shall be understood to be any fortuitous case arising from an unforeseeable event.
In such cases, compliance with the obligation shall be deferred to the end of the cause of force majeure, whereupon the contracting party affected by the cause of force majeure shall not be held liable nor shall the other party be entitled to any indemnity whatsoever.
The Customer shall not assign, transfer or transmit their rights, responsibilities and obligations acquired with the purchase.
The contractual and commercial information and communications with the Customer shall be in Spanish or English, depending on the language selected by the Customer.
11. Shipping costs
Prices do not include the cost of shipping, communication, installation or supplementary services.
Shipping costs vary depending on the weight and destination of the items. Shipping costs are displayed at all times in the shopping cart module prior to completing the purchase.
12. Payment method
Any payment made to AFP will entail the issuance of a simplified invoice in the Customer or company name provided when placing the order. AFP shall issue an invoice at the Customer's request through the Customer Care Service and provided that said transaction is compliant with the applicable legislation.
The simplified invoice shall be sent together with the acquired product and in PDF format to the email provided by the Customer.
AFP places the following payment methods at the Customer's disposal:
• Bank card (credit or debit): If the Customer opts for card payment, their order will not be processed until the payment has been authorised by their bank or savings bank. For security reasons, AFP will verify all orders paid with a bank card.
• Bank transfer: The Customer shall perform a transfer to the account indicated in the purchasing procedure. The Customer shall indicate the reference indicated upon completing the order as the transfer concept. The Customer's order will not be processed until the amount is deposited in AFP's account. If, after forty-eight (48) hours have elapsed without paying for the product, AFP will understand the order to be cancelled.
• PayPal: The Customer can pay quickly and securely through their PayPal account, which is a service provided by PayPal (Europe) S.à r.l. et Cie, S.C.A. (“PayPal”). AFP will not charge the commission fixed by this payment method to the Customer.
• Aplazame, a WiZink solution: is a deferred purchase payment method offered by Aplazame, S.L., with E.I.N. B-87.074.977, with registered office at Calle Tiziano 5, 28020, Madrid (SPAIN), duly registered at the Mercantile Registry of Madrid in volume 32.666, sheet 20, entry 1, page M-588.029 (“Aplazame”). When you select Aplazame as the payment method, a window opens displaying information relative to the instalment amounts, time frames and interest rates. In accordance with the specifications and data provided by the Customer, Aplazame will assess the financing request and reply immediately.
The services offered by AFP on the website are contracted in a secure environment through the implementation of a data encryption system -Secure Socket Layer (SSL)- which guarantees the protection of communications made over the Internet. The Customer can verify that they are in a secure operating environment by observing the closed lock that appears at the top of their screen, next to the domain name.
If our security department detects any anomaly or suspects fraud, AFP reserves the right to cancel the transaction for security reasons.
It is our duty to inform you that no data related to bank accounts, card numbers or passwords will be stored in our servers, since that information is directly processed by the banking systems and is not stored on any website external to AFP.
13. Applicable legal warranty
AFP offers warranties on the products it sells through the website under the terms legally established for each type of product and is therefore liable for the non-conformity of the products, provided that it appears within a period of two (2) years from the delivery of the product.
The product is non-conformant in those cases where: (i) it does not match the description provided by AFP; (ii) it is not suitable for the uses to which it would normally be intended; or (iii) it does not have the usual quality and features to be expected from that type of product.
If any of the products acquired are non-conformant, the Customer shall notify AFP by contacting the Customer Care Service. The Customer shall notify the problem and proceed to return the product following the withdrawal right procedures indicated in section six of this document.
AFP will examine the returned product and will inform the Customer by email, within a reasonable time frame, whether it will proceed to reimburse or, where applicable, repair or replace the Product.
Under no circumstances shall the Customer be charged for reimbursing, replacing or repairing the Product.
The Customer may opt for repairing or replacing the product, unless one of these options is objectively impossible or disproportionate for AFP.
If the non-conformity of the Product appears during the first six (6) months, AFP will accept the return of the Product or replace it; however, if the non-conformity appears after said period has elapsed, the Product shall be replaced or repaired at no charge to AFP.
The Customer must be aware that the legal warranty does not cover any damage. Damages caused by the inappropriate use or null or inappropriate care of the product, torsion, compression or falls are excluded from the legal warranty. The warranty does not cover any damage caused by abuse or inappropriate use, change or maintenance nor damage caused by normal wear and tear.
The useful life of the product depends on the specific use made thereof, the conditions of use and wear patterns characteristic of the user. AFP will not replace products damaged by normal wear and tear or which have exceeded their useful life.
The reimbursement shall be made within the fourteen (14) days following the date of the email communicating the reimbursement or replacement of the non-conformant product. The amounts paid by products which are returned due to non-conformity shall be reimbursed to the Customer in their entirety, including the costs incurred by the Customer to return it. In case of reimbursement, we will use the same payment method as that used by the Customer for the purchase, unless expressly agreed upon otherwise with the Customer.
The product will be replaced within fourteen (14) days following the date of the email communicating the replacement of the non-conformant product. AFP informs the Customer that the replaced product does not have a new two-year warranty period, but rather the remaining warranty period.
The product will be repaired within fourteen (14) days following the date of the email communicating the repair of the non-conformant product.
14. Contacting AFP's Customer Care Service
AFP's Customer Care Service will answer any question related to orders placed through the website. You can contact our service through any of the following means:
• Post: Calle Cardenal Marcelo Spínola, 42 – PLT 2, Madrid, 28016 (SPAIN)
• Telephone: Customer Care Number (+34 911336622) Monday to Thursday from 10 am to 6 pm and Fridays from 10 am to 2 pm.
• Email: email@example.com
Should any stipulation of these Terms and Conditions be declared null and void, said declaration will not affect the validity, legality and compliance with the other provisions of this document.
16. Applicable law and jurisdiction
These Terms and Conditions shall be applied or interpreted pursuant to Spanish legislation in everything not expressed established herein.
AFP and the Customer agree to subject any discrepancy that may arise from the service provision under this contract to the competence of the Courts and Tribunals corresponding to the Customer's address. Should the Customer's address be outside of Spain, AFP and the Customer expressly waive any other jurisdiction and expressly subject themselves to the Courts and Tribunals of Madrid, Spain.