General terms and conditions

Introduction

This contractual document will govern the General Conditions for contracting products or services (hereinafter, «Conditions») through the website https://tenismesa.es/, https://todopetanca.es/ owned by D.M.V Sports Madison S.L, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions can be modified at any time. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable.

The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Accepting this document implies that the USER:

• Has read and understood the above.
• Is a person with sufficient capacity to enter into contract.
• Assumes all the obligations set forth herein.

These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER's website.

The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.

Identity of the contracting parties

On one part, the PROVIDER of the products or services contracted by the USER, D.M.V Sports Madison S.L, whose registered address is at Llull, 48-52 - 6 3 08005 Barcelona (Barcelona), TIN B61567905 and telephone number for customer/USER service 933095430.

And on the other part, the USER, registered on the website by means of a user name and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.

The contractual trade relationship involves the delivery of a specific product or service, in exchange for a certain price which is publicly displayed on the website.

Contracting procedure

The USER, in order to access the products services offered by the PROVIDER, must be an adult and register on the website by creating a user account. For this reason, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of individuals with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data as detailed in the Legal Notice and Privacy Policy found on this website.

The USER selects a user name and password, committing to use them diligently and to not make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to immediately block them.

Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:

1. General contracting clauses.
2. Shipment of orders.
3. Right of withdrawal.
4. Claims.
5. Force majeure.
6. Competency.
7. General information of the offer.
8. Price and period of validity of the offer.
9. Shipping costs.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Applicable warranties.
13. Guarantees and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

2. SHIPMENT OF ORDERS

The PROVIDER will not ship any order or activate any service until it has been verified that payment has been made.

Shipment of goods will usually be made using EXPRESS COURIER or Post according to the destination indicated by the USER.

Failure to carry out the remote contract

Delivery dates or times are approximate and delays do not constitute a fundamental breach. In the event that the PROVIDER has not delivered the goods within 30 days of the agreed delivery date, due to the unavailability of the product or service, the USER must be informed and will be entitled to cancel the order and will receive a refund of the total amount paid at no additional cost, and without any liability for damages attributable to the PROVIDER.

In the event of unjustified delay by the PROVIDER with respect to the refund of the total amount, the USER may claim payment of double the amount due, without prejudice to their right to be compensated for damages suffered beyond that amount.

The delivery period is usually between 2 and 7 working days, depending on the delivery location and payment method chosen. This period is providing that the goods have been confirmed as available and the full payment of the order has been verified.

The PROVIDER will not accept any liability if the delivery of the product or service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.

The delivery shall be deemed to have taken place when the USER has received the products from the courier and the USER, or their representative, has signed a document confirming receipt of the delivery.

It is the USER's responsibility to check the products upon receipt and ensure that everything claimed in the delivery receipt document can be justified.

In the event that the contract does not involve the physical delivery of a product, but an activation of some services, being these directly downloaded from the website, the PROVIDER will inform the USER in advance of the procedure to be followed in order to download the product.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and period to return and/or report possible flaws or defects in the online products or services as they do for offline products or services.

The USER has a period of fourteen calendar days from the date of receipt of the product to return it (Article 71 of Spanish Law 3/2014 of 27 March). Unless the return is made due to defects in the product, shipping costs will be paid for by the USER. The product must be returned in its original packaging and in perfect condition and, if a service is provided, on the day of activation and/or download.

The right of withdrawal shall not apply in the following cases:

1. If the product is not returned in perfect condition.
2. If the product packaging is not the original or is not in perfect condition. The original packaging must be used to protect the product so that it arrives in perfect condition, and applying seals and adhesive tapes directly to the product is prohibited.
3. When the product is opened without proof of having been used.
4. In the case of software applications that are directly downloaded through the portal or unsealed by the USER after their physical delivery.
5. In the case of personalized products or products that, for hygiene reasons or other legally established exceptions legally provided for in Article 103 of Law 3/2014 of 27 March.
6. In the provision of products whose price depends on fluctuations in the financial market which the PROVIDER cannot control and which may occur during the withdrawal period.
7. In the provision of products made according to the specifications of the USER or clearly personalized.
8. In the provision of products that may deteriorate or expire quickly.

The PROVIDER must be informed of any return, with the request for a return number through the form provided for this purpose, or by emailing mail@sportsmadison.com, indicating the corresponding invoice number or order number.

Once the USER has received the return number, they will send the product, indicating this number in the delivery note, covering the shipping costs themselves, to the PROVIDER at D.M.V Sports Madison S.L, Llull, 48-52 - 6 3 08005 Barcelona (Barcelona).

4. COMPLAINTS

Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:

Postal address: D.M.V Sports Madison S.L, Llull, 48-52 - 6 3 08005 Barcelona (Barcelona)
Telephone: 933095430
Email: mail@sportsmadison.com

Online Dispute Resolution (ODR)

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the USER and the PROVIDER without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.

6. COMPETENCY

The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.

If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.

The USER declares to have read, understood and accepted these Conditions in their entirety.

7. GENERAL INFORMATION OF THE OFFER

All sales and deliveries made by the PROVIDER are subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of D.M.V Sports Madison S.L or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.

Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as this does not affect the value of the products offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or any other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, insurance or any other additional services and attachments to the product or service purchased.

The prices applicable to each product are those published on the website and shall be shown in Euros. The USER accepts that the economic valuation of some of the products may vary in real time.

Before making your purchase, you can check all details of the estimate online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as the order has not been placed.

Once the order has been placed, prices will be maintained regardless of whether the products are available.

Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the company name that they indicated while placing the order. This invoice will be sent with the purchased product, as well as in PDF format to the email address provided by the USER.

For any information about the order, the USER may contact the PROVIDER's customer service by calling 933095430 or by emailing mail@sportsmadison.com.

9. SHIPPING COSTS

The prices do not include shipping or communication expenses, installation or download or additional services, unless expressly agreed otherwise in writing.

Shipping costs will be calculated when saving the basket or estimate, since they are calculated by the weight of the products and the delivery address.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER accepts the following payment methods for orders:

• Bank transfer: no discounts or fees applied
• PayPal: a charge of 3% minimum is applied as a collection fee. Payment will not be accepted if it exceeds 1000 €uros.
• Credit card: no discounts or fees applied.

Security measures

The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purposes of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank to have the potential to damage their goodwill or influence them negatively.

The following activities are prohibited under the card brand programmes: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder or cards.

11. PURCHASE PROCESS

Basket (budget simulation)

Any product from our catalogue can be added to the basket. In it, only the items, quantity, price and total amount will be shown. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.

Baskets have no administrative commitment; they are only a section where a budget can be simulated without any commitment from either party.

From the basket, an order can be placed following the steps below for proper formalisation:

1. Check billing details.
2. Check delivery address.
3. Select payment method.
4. Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming that the order has been placed.

Orders (purchase requests)

Within a maximum of 24-48 hours, on working days, an email will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.

12. APPLICABLE WARRANTIES

All products offered through the website are completely original, unless otherwise indicated in their description. All have a warranty period of two years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

13. GUARANTEES AND RETURNS

The guarantee of the products offered responds to the following articles based on Law 23/2003 of 10 July on Guarantees in the sale of consumer goods:

I) Conformity of products with the contract

1. Unless there is evidence to the contrary, the products are understood to conform to the contract provided they meet all the requirements expressed below, unless due to the circumstances of the case any of these do not apply:

a) They conform to the description and qualities stated by D.M.V Sports Madison S.L.

b) They are suitable for the uses to which products of the same type are ordinarily put.

c) They are suitable for any special use required by the customer when they have informed D.M.V Sports Madison S.L at the time of concluding the contract, provided that the latter has admitted that the product is suitable for such use.

d) They present the quality and performance usual in a product of the same type that the customer can reasonably expect, taking into account its nature and, where appropriate, descriptions of the specific characteristics of the products made by D.M.V Sports Madison S.L.

e) D.M.V Sports Madison S.L describes the details, technical characteristics and photographs of products provided by their manufacturer, so that it is not bound by these public statements.

2. Non-conformity resulting from incorrect installation of the product shall be treated as non-conformity of the product itself when the installation is included in the contract of sale and has been carried out by D.M.V Sports Madison S.L or under its responsibility, or by the USER when defective installation is due to an error in the installation instructions.

3. Liability for non-conformity that the USER knew or could not have been unaware of at the time of concluding the contract, or that has its origin in materials supplied by the USER, shall not apply.

II) Liability of the PROVIDER and rights of the USER

D.M.V Sports Madison S.L shall be liable to the USER for any lack of conformity existing at the time of delivery of the product. D.M.V Sports Madison S.L grants the USER the right to repair of the product, its replacement, reduction of price and termination of the contract.

In accordance with Article 6 of the Civil Code, any prior waiver of the USER's rights or acts carried out in fraud shall be null and void.

III) Repair and replacement of products

1. If the product does not conform to the contract, the USER may choose between demanding repair or replacement, unless one of these options is impossible or disproportionate. Once the USER has communicated to D.M.V Sports Madison S.L the option chosen, both parties must abide by it. This decision of the USER is understood without prejudice to the provisions of article IV below for cases where repair or replacement fails to bring the product into conformity with the contract.

2. Any form of remediation that imposes costs on D.M.V Sports Madison S.L that, compared to the other form of remediation, are unreasonable, taking into account the value the product would have had if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative form of remediation could be carried out without major inconvenience to the USER, shall be considered disproportionate.

IV) Rules for repair or replacement of the product

Repair and replacement shall comply with the following rules:

a) They shall be free of charge to the USER. This shall include the necessary costs incurred in correcting the lack of conformity of the products with the contract, in particular the costs of shipping, as well as costs related to labour and materials.

b) They shall be carried out within a reasonable time and without major inconvenience to the USER, taking into account the nature of the products and the purpose they had for the USER.

c) Repair suspends the calculation of the periods referred to in article VII. The period of suspension will begin from the time the USER makes the product available to D.M.V Sports Madison S.L and will end with the delivery to the USER of the repaired product. During the six months following delivery of the repaired product, D.M.V Sports Madison S.L shall be liable for the lack of conformity that led to the repair. It is presumed to be the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.

d) Replacement suspends the periods referred to in article VII from the exercise of the option until delivery of the new product. In any case, the second paragraph of article VII applies to the replacement product.

e) If once the repair is completed and the product delivered, the product still does not conform to the contract, the USER may demand its replacement, within the limits set out in section 2 of article IV, or a reduction in price or termination of the contract under the terms of article V.

f) If replacement fails to bring the product into conformity with the contract, the USER may demand its repair, within the limits set out in section 2 of article IV, or a reduction in price or termination of the contract under the terms of articles V and VI.

g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.

V) Price reduction and termination of the contract

Price reduction and termination of the contract shall proceed, at the USER's choice, when the USER cannot demand repair or replacement of the product and in cases where these have not been carried out within a reasonable time or without major inconvenience to the USER. Termination shall not take place when the lack of conformity is of minor importance.

VI) Criteria for price reduction

The price reduction shall be proportional to the difference between the value the product would have had at the time of delivery had it conformed to the contract, and the value of the product actually delivered at the time of delivery.

VII) Time periods

1. D.M.V Sports Madison S.L shall be liable for any lack of conformity that becomes apparent within two years of delivery. For second-hand products, D.M.V Sports Madison S.L and the USER may agree a shorter period, which may not be less than one year from delivery.

Unless there is evidence to the contrary, it shall be presumed that lacks of conformity that become apparent within six months of delivery already existed at the time of delivery, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

2. Unless there is evidence to the contrary, delivery shall be deemed to have been made on the date appearing on the invoice or purchase label, or on the corresponding delivery note if this is later.

3. The action to claim fulfilment of the provisions of the preceding articles shall be barred after three years from the delivery of the product.

4. The USER must inform D.M.V Sports Madison S.L of the lack of conformity within two months of becoming aware of it.

Unless there is evidence to the contrary, it shall be deemed that the USER's communication has taken place within the established period.

VIII) Action against the producer

In the event that the USER finds it impossible or excessively burdensome to approach D.M.V Sports Madison S.L due to lack of conformity of the products with the contract of sale, the USER may claim directly from the producer in order to obtain replacement or repair of the product.

As a general rule and without prejudice to the termination of the producer's liability, under the same terms and conditions established for D.M.V Sports Madison S.L, the producer shall be liable for the lack of conformity when it relates to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.

Producer means the manufacturer of a product or its importer into the territory of the European Union, or any person who presents themselves as such by indicating their name, trademark or other distinctive sign on the product.

Whoever has responded to the USER shall have one year to repeat as the party responsible for the lack of conformity. This period is calculated from the moment when the remediation process was completed.

14. APPLICABLE LAW AND JURISDICTION

These conditions are governed or interpreted in accordance with Spanish legislation in matters not expressly established herein. The PROVIDER and the USER agree to submit to the courts of the USER's place of residence any dispute that may arise from the provision of the products or services subject to these Conditions.

In the event that the USER is domiciled outside Spain, the PROVIDER and the USER submit, with express waiver of any other jurisdiction that may correspond to them, to the Courts and Tribunals closest to the city of Barcelona (Spain).