Arousa Fútbol 7

GENERAL SALES CONDITIONS

arousafutbol7.com

1. GENERAL INFORMATION

The ownership of this website, arousafutbol7.com (hereinafter, the "Website") belongs to: Asociación Deportiva Arousa Fútbol 7, provided with NIF: G-36483675, and whose contact details are:

Address: Rua Nogueira 15 - 36600 - Vilagarcía de Arousa

Contact phone: 986507998

Contact email: [email protected]

This document (as well as any other documents mentioned herein) regulates the conditions governing the use of this Website (arousafutbol7.com) and the purchase or acquisition of products and/or services through it (hereinafter, the "Conditions").

For the purposes of these Conditions, it is understood that the activity carried out by arousafutbol7.com through the Website includes:

Merchandising products related to the events organized by the association.

In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of arousafutbol7.com. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if he/she does not agree with all of it, he/she should not use this Website.

Likewise, it is informed that these Conditions may be modified. The User is responsible for consulting them every time he/she accesses, browses, and/or uses the Website, as those in force at the time of requesting the purchase of products and/or services will be applicable.

For any questions that the User may have regarding the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Accessing, browsing and using the website, confers the user status (hereinafter referred to, interchangeably, individually as User or jointly as Users), so all the conditions set forth herein, as well as their subsequent modifications, are accepted from the moment the User begins browsing the Website, without prejudice to the application of the corresponding legally binding regulations, as appropriate.

The User assumes responsibility for the proper use of the Website. This responsibility will extend to:

Using this Website solely to make legally valid inquiries and purchases or acquisitions.

Not making any false or fraudulent purchases. If it were reasonably believed that a purchase of this nature had been made, it could be canceled, and the relevant authorities informed.

Providing truthful and lawful contact details, such as email address, postal address and/or other data (see Legal Notice and General Terms of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.

The Website is mainly aimed at Users residing in Spain. arousafutbol7.com does not guarantee that the Website complies with laws of other countries, either in whole or in part. arousafutbol7.com declines all responsibility that may arise from such access, as well as guaranteeing shipments or provision of services outside Spain.

The User may enter into the purchase and sale contract of the desired products and/or services with arousafutbol7.com in any of the languages in which these Conditions are available on this Website, at their discretion.

3. PROCEDURE FOR PURCHASING OR ACQUIRING

Users registered on the Website can purchase products and services through the established means and forms. They must follow arousafutbol7.com's online purchase and/or acquisition process, during which they can select various products and/or services and add them to the cart, basket, or final purchase space and, finally, click on "Buy".

The user must complete and/or check the information requested at each step of the purchasing process, although during the purchasing process, before making the payment, the purchase details can be modified.

After the purchase, the user will receive an email confirming that arousafutbol7.com has received their order or purchase request and/or provision of the service, that is, the order confirmation. And, if applicable, they will be informed by email when their purchase is being shipped.

Once the purchasing process is complete, the user consents to the Website generating an electronic invoice that will be sent to them by email. If desired, the user can also obtain a paper copy of their invoice by requesting it from arousafutbol7.com using the contact spaces on the Website or through the contact information provided above.

Before making the purchase, the user must be aware of the particular conditions of sale displayed alongside the presentation or image of the product and/or service in question on the Website page. The user acknowledges that placing the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders, and payments involved during the transactions carried out on the Website may be archived and kept in arousafutbol7.com's computerized records to constitute a means of proof of the transactions, respecting reasonable security conditions and current laws and regulations. In particular, attention will be paid to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights, and to the rights that users are entitled to under this Website's privacy policy.

4. AVAILABILITY

All purchase orders received by arousafutbol7.com through the Website are subject to product availability and/or to no circumstance or cause of force majeure (clause nine of these Conditions) affecting the supply of the same and/or the provision of services. If there are difficulties in the supply of products or if there are no products in stock, arousafutbol7.com undertakes to contact the User and refund any amount that may have been paid as a result. This will also apply in cases where the provision of a service becomes impossible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless a different issue is required by law, especially with regard to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, arousafutbol7.com carries out delivery and/or shipping services through: Correos.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases with respect to which the User has already received an order confirmation.

Accepted payment methods will be: Credit or debit card.

arousafutbol7.com uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorizations by the issuing bank, if the bank does not authorize the payment, arousafutbol7.com will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once arousafutbol7.com receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the shipping confirmation and/or confirmation of the service provided in the form and, where applicable, place established.

In any case, by clicking "Buy," the User confirms that the payment method used is theirs.

6. DELIVERY

In cases where it is necessary to physically deliver the contracted goods, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).

Except in cases where unforeseen or extraordinary circumstances arise, or in the case of product personalization, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the timeframe indicated on the Website according to the shipping method selected by the User, and in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason attributable to arousafutbol7.com, it cannot meet the delivery date, it will contact the User to inform them of this circumstance, and they may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to arrange for it to be delivered again.

If the User will not be at the delivery location at the agreed time slot, they must contact arousafutbol7.com to arrange delivery for another day.

If 30 days have passed since the order is available for delivery, and it has not been delivered for reasons not attributable to arousafutbol7.com, arousafutbol7.com will understand that the User wishes to withdraw from the contract, and it will be considered resolved. As a consequence of the contract resolution, all payments received from the User will be refunded, except for additional expenses resulting from the User's choice of a delivery method other than the least expensive ordinary delivery method offered on the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered resolved.

However, the User should be aware that the transport resulting from the resolution may have an additional cost that may be passed on to them.

For the purposes of these Conditions, delivery will be deemed to have taken place when the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when arousafutbol7.com receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery if it takes place after arousafutbol7.com receives the full payment amount.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed to be located in the Spanish VAT territory if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally prevailing one at each moment depending on the specific article concerned.

7. TECHNICAL MEANS FOR CORRECTING ERRORS

The User is informed that if they detect an error when entering the necessary data to process their purchase request on the Website, they can modify it by contacting arousafutbol7.com through the contact spaces enabled on the Website, and, if applicable, through those enabled to contact customer service, and/or by using the contact details provided in clause one (General information). Likewise, this information may also be rectified by the User through their personal space to connect to the Website.

In any case, before clicking "Buy", the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy to gather more information on how to exercise their right to rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the owner's website, they have certain rights, as enumerated and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the website and therefore has the right to withdraw from that purchase within a period of 14 natural days without the need for justification.

This withdrawal period will expire 14 natural days from the day the User or a third party authorized by him, other than the carrier, acquired physical possession of the goods purchased on the arousafutbol7.com website or, in the case that the goods that make up the order are delivered separately, 14 natural days from the day the User or a third party authorized by him, other than the carrier, acquired physical possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 natural days from the day the contract was concluded.

To exercise this right of withdrawal, the User must notify arousafutbol7.com of their decision. They can do so, if necessary, through the contact spaces enabled on the website.

The User, regardless of the means chosen to communicate their decision, must express clearly and unequivocally that they intend to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that arousafutbol7.com makes available to them as an appendix to these Conditions, however, its use is not mandatory.

To comply with the withdrawal period, it is sufficient for the communication that unequivocally expresses the decision to withdraw to be sent before the corresponding period expires.

In case of withdrawal, arousafutbol7.com will refund the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive one offered on the website) without any undue delay and, in any case, no later than 14 natural days from the date on which arousafutbol7.com is informed of the decision to withdraw by the User.

arousafutbol7.com will refund the User using the same payment method that they used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, arousafutbol7.com may withhold such refund until it has received the products or articles of the purchase, or until the User presents proof of their return, whichever condition is met first.

The User may return or send the products to arousafutbol7.com at: Rua Nogueira 15 - 36600 - Vilagarcía de Arousa

And they must do so without undue delay and, in any case, no later than 14 natural days from the date on which arousafutbol7.com was informed of the decision to withdraw.

The User acknowledges that they must bear the direct cost of return (transportation, delivery) of the goods, if any are incurred. In addition, they will be responsible for the decrease in value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set forth in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case for: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their factory-sealed wrap; products that, for reasons of hygiene or health, are sealed and have been unsealed after delivery.

In the same vein, the provision of a service that the User could contract on this Website is governed by this same Law, as this Law establishes that the Right of Withdrawal will not apply to Users when the provision of the service has been completely executed, or when it has begun with the express consent of the consumer and user and with their acknowledgement that, once the contract has been completely executed by arousafutbol7.com, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond mere opening, for products that are not in the same condition as they were delivered or that have suffered damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions, and any other documents that accompany them, as well as a copy of the purchase invoice.

You can download the Model Withdrawal Form at the following link: https://arousafutbol7.com/assets/documents/modelodesistimiento.pdf

Return of defective products or shipping errors

These are all cases in which the User considers that, at the time of delivery, the product does not comply with what was stipulated in the contract or purchase order, and therefore, must immediately contact arousafutbol7.com and inform them of the existing discrepancy (defect/error) through the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and once returned, they will be examined and the User will be informed, within a reasonable period, whether a refund or, where appropriate, a replacement is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send an email confirming that a refund or replacement of the non-compliant item is appropriate.

The amount paid for those products that are returned due to a defect, when there is actually one, will be fully refunded, including delivery costs and any costs the User may have incurred to return the item. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized by the current legislation for the User, as a consumer and user, will always be respected.

Guarantees

The User, as a consumer and user, has guarantees on the products that may be purchased through this Website, under the legally established terms for each type of product. arousafutbol7.com is therefore responsible for the lack of conformity of the products that manifest within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in compliance with the contract as long as they: conform to the description made by arousafutbol7.com and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily destined; and have the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with the products delivered to the User, they must proceed as indicated in the section on Return of defective products or shipping errors. However, some of the products sold on the Website may have non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore they will form part of the individual appearance of the product, and will not be a defect.

On the other hand, it could happen that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, and considering that the User is dealing with a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their right to legal warranty directly against them during the two years following the delivery of such products. For this, the User must have kept all the information related to the warranty of the products.

9. DISCLAIMER OF LIABILITY

Unless otherwise required by law, arousafutbol7.com shall not accept any liability for the following losses, regardless of their origin:

any losses that were not attributable to any breach on its part;

business losses (including loss of profit, revenue, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred); or

any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalized.

Likewise, arousafutbol7.com also limits its liability in the following cases:

arousafutbol7.com applies all measures concerning providing an accurate display of the product on the Website; however, it is not responsible for minimal differences or inaccuracies that may exist due to a lack of screen resolution or browser problems or other such issues.
arousafutbol7.com will act with the utmost diligence to make the product ordered for purchase available to the transport company. However, it is not responsible for damages arising from malfunctions in transportation, especially due to causes such as strikes, roadblocks, and, in general, any others inherent to the sector that result in delays, losses, or theft of the product.
Technical failures that, due to fortuitous or other causes, prevent normal operation of the service over the internet. Lack of availability of the Website due to maintenance or other reasons that prevent access to the service. arousafutbol7.com makes every effort to carry out the purchase, payment, and shipping/delivery process of the products; however, it is not responsible for causes beyond its control, force majeure or unforeseeable circumstances. arousafutbol7.com will not be responsible for the misuse and/or wear and tear of products used by the User. At the same time,
arousafutbol7.com will not be responsible for an incorrect return made by the User. It is the User's responsibility to return the correct product.
In general, arousafutbol7.com will not be responsible for any breach or delay in the performance of any of the assumed obligations when it is due to events that are beyond its reasonable control, that is, that are due to force majeure, and this may include, but is not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motor transport or other means of public or private transport.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

Thus, the obligations will be suspended during the period in which the force majeure event continues, and arousafutbol7.com will have an extension of the period to fulfill them for a period of time equal to the duration of the force majeure event. arousafutbol7.com will make every reasonable effort to find a solution that allows it to fulfill its obligations despite the force majeure event.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with arousafutbol7.com will be electronic (email or notices posted on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that arousafutbol7.com sends electronically comply with the legal requirements of being in writing. This condition will not affect the User's rights recognized by law.

The User may send notifications and/or communicate with arousafutbol7.com through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, arousafutbol7.com may contact and/or notify the User at their email address or the postal address provided.

11. WAIVER

No waiver by arousafutbol7.com of a specific legal right or action or failure to enforce strict performance by the User of any of their obligations shall constitute, nor a waiver of any other rights or actions arising from a contract or these Conditions, nor relieve the User from compliance with their obligations.

No waiver by arousafutbol7.com of any of these Conditions or of the rights or actions arising from a contract shall be effective unless expressly stated as a waiver and is formalized and communicated to the User in writing.

12. INVALIDITY

If any of these Conditions is declared null and void by a competent authority's final resolution, the remaining clauses shall remain in force without being affected by such declaration of nullity.

13. COMPLETE AGREEMENT

These Conditions and any document referred to expressly in them constitute the entire agreement between the User and arousafutbol7.com regarding the subject matter of the sale and supersede any other previous verbal or written agreement, pact, or promise agreed upon by the same parties.

The User and arousafutbol7.com acknowledge that they have consented to the conclusion of a contract without relying on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION

The personal information or data that the User provides to arousafutbol7.com in the course of a transaction on the Website, will be treated according to what is established in the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Terms and Conditions of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is truthful.

15. APPLICABLE LAW AND JURISDICTION

Access, browsing, and/or use of this Website, as well as the purchase contracts of products through it, shall be governed by Spanish law.

Any controversy, problem, or disagreement arising or related to access, browsing, and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between arousafutbol7.com and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may submit their complaints, claims, or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, arousafutbol7.com has official complaint forms available to consumers and users, which they can request from arousafutbol7.com at any time, using the contact details provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the purchase contract between arousafutbol7.com and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.