GENERAL CONTRACT CONDITIONS
1. GENERAL INFORMATION
The ownership of this website, www.thegolfsquare.com, (hereinafter Website) is held by: Open Fun Group, S.L., provided with CIF B67174664 and registered in the Mercantile Registry of Barcelona; and its registration data are Volume 46296, Folio 176, Sheet B67174664 and whose contact details are: Plaça de Granollers.
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.thegolfsquare.com) and the purchase or purchase of products and / or services therein (in forward, Conditions). For the purposes of these Conditions it is understood that the activity that Open Fun Group develops through the Website includes:
- Retail trade of sporting goods in specialized establishments.
- Wholesale trade of clothing and footwear.
- Non-specialized wholesale trade.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so they are accepted, since the navigation of the Website begins, all the Conditions set forth herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
● Make use of this Website only to make inquiries and purchases or purchases legally valid.
● Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled and the relevant authorities informed.
● Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use). The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed primarily at Users residing in Spain. Open Fun Group, S.L. does not ensure that the Website complies with laws of other countries, either totally or partially. Open Fun Group, S.L. declines all liability that may arise from such access, nor does it insure shipments or provision of services outside of Spain. The User may formalize, at his choice, with Open Fun Group, S.L. the contract of sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
The duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure of Open Fun Group, SL, during which several products and / or services can be selected and added to the cart, basket or final purchase space and finally click on: " To buy".
Likewise, the User must fill in and / or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified. Next, the User will receive an email confirming that Open Fun Group, S.L. You have received your order or request to purchase and / or provide the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being sent. Where appropriate, this information could also be made available to the User through their personal connection space to the Website. Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User through email. And, where appropriate, through your personal space to connect to the Website. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice, requesting it from Open Fun Group, S.L. using the contact spaces of the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, image of it on its page of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, mode in which they will be carried out and / o cost of benefits; and recognizes that the realization of the purchase or purchase order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by Open Fun Group, S.L. through the Website they are subject to the availability of the products and / or that no circumstance or force majeure (clause nine of these Conditions) affects their supply and / or the provision of services. If there are difficulties in the supply of products or there are no products in stock, Open Fun Group, S.L. undertakes to contact the User and reimburse any amount that could have been paid as an amount. This will be equally applicable in cases where the provision of a service would become unworkable.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless by legal requirement, especially with regard to VAT, different issues are indicated and applied. Shipping costs are included in the final prices of the products as shown on the Website. Thus, Open Fun Group, S.L. performs delivery and / or shipping services through Sociedad Estatal Correos y Telegrafos, S.A. 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 possible 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, bank transfer and Paypal. Credit cards will be subject to checks and authorizations by the bank issuing them, if said entity does not authorize payment, Open Fun Group, S.L. will not be responsible for any delay or lack of delivery and may not formalize any contract with the User.
Once Open Fun Group, S.L. Receive 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 that the confirmation of delivery and / or confirmation of the service provided in form and, where appropriate, established place is sent to the User. In any case, by clicking on "Buy" the User confirms that the payment method used is theirs or that, as the case may be, the legitimate holder of the gift card or the credit card. Purchase or acquisition orders in which the User selects the bank transfer as payment method will be reserved for 5 calendar days from the confirmation of the order to allow sufficient time for the bank transfer to be taken into account by the system of payments used by Open Fun Group, SL for the Website. When the system receives the transfer, the order will be prepared and managed for shipment. Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Open Fun Group, S.L. You cannot validate the order, which will be canceled.
In the cases in which the physical delivery of the contracted asset should be made, deliveries will be made within the scope of the following territory: Spain (Peninsula and Balearic Islands). Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the products related in each purchase confirmation will be delivered within the period 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, which were attributable to you, Open Fun Group, S.L. could not meet the delivery date, will contact the User to inform him of this circumstance and, he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. In any case, home deliveries are made on weekdays. If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to make it be delivered again. If the User is not going to be at the place of delivery in the agreed time slot, he must contact Open Fun Group, S.L. to arrange delivery another day. In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered for cause not attributable to Open Fun Group, S.L., Open Fun Group, S.L. will understand that the User wishes to withdraw from the contract and this will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned, except for the additional expenses resulting from the User's own choice of a delivery method different from the less expensive modality of ordinary delivery offered by the Website , without undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to it. For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the time when the User or a third party indicated by the User acquires the material possession of the products, which will be credited 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 Open Fun Group, S.L. 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 at a time after the full receipt of the amount subject to payment by Open Fun Group, SL 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 understood to be located in the Spanish VAT application territory if The delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally valid at all times depending on the specific article in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he may modify them by contacting Open Fun Group, S.L. through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact information provided in the first clause (General Information ). Likewise, this information could also be corrected by the User through their personal connection space to the Website. In any case, the User, before clicking on "Buy", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification as established in Organic Law 15/1999, of December 13, on Data Protection of Personal character.
In the cases in which the User acquired products on or through the Website of the owner, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, assists him with the right to withdraw from said purchase within a period of 14 calendar days without justification.
This withdrawal period will expire after 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the goods acquired on the Website of Open Fun Group, S.L. or in the event that the goods that make up your order are delivered separately, within 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order
To exercise this right of withdrawal, the User must notify Open Fun Group, S.L. You may do so, where appropriate, through the contact spaces enabled on the Website or through the email address [email protected] or the address: Carrer Mas racó, 6B, Fornells de la Selva, 17458, Girona, Spain
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Open Fun Group, S.L. puts at your disposal as part attached to these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding deadline expires.
In case of withdrawal, Open Fun Group, S.L. will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a different shipping method than the less expensive mode offered on the Website) without undue delay and, in all cases. case, no later than 14 calendar days from the date on which Open Fun Group, SL is informed of the decision to withdraw by the User.
Open Fun Group, S.L. will reimburse the User using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Open Fun Group, S.L. You could withhold such refund until you have received the products or items of the purchase, or until the User submits proof of the return of the same, depending on which condition is met first.
The User can return or send the products to Open Fun Group, S.L. in: Carrer Mas racó, 6B, Fornells de la Selva, 17458, Girona, Spain.
And you must do so without undue delay and, in any case, no later than within 14 calendar days from the date on which Open Fun Group, S.L. He was informed of the withdrawal decision. The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges knowing 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 consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. In an enunciative way, and not exhaustive, this would be the case of: customized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as factory sealed; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal to the Users will not assist when the provision of the service has been fully executed, or when it has begun , with the express consent of the consumer and user and with the acknowledgment by him that he is aware that, once the contract has been fully executed by Open Fun Group, SL, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, in addition to a copy of the purchase invoice.
In the following link you can download the Model withdrawal form:
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the provisions of the contract or purchase order, and that, therefore, he must contact Open Fun Group, SL immediately and let you know the existing disagreement (defect / error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, if the refund is due or, where appropriate, the replacement thereof . The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate. The amount paid for those products that are returned due to a defect, when it really exists, will be fully reimbursed, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. In any case, you will always be entitled to the rights recognized in the legislation in force at any time for the User, as a consumer and user.
The User, as a consumer and user, enjoys guarantees on the products that can be acquired through this Website, in the legally established terms for each type of product, responding to Open Fun Group, SL, therefore, for the lack in accordance with them that is manifested within two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Open Fun Group, S.L. and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily destined; and present 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 respect to the products delivered to the User, the latter must proceed as indicated in the section Returning defective products or shipping error. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and They will not be a defect. On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufacturing by a third party. In this case, and considering the User that it is a defective product, it also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years after delivery of said products.
For this, the User must have retained all the information in relation to the product warranty.
9. EXEMPTION OF LIABILITY
Unless otherwise provided by law, Open Fun Group, S.L. will not accept any responsibility for the following losses, regardless of their origin:
● Any losses that were not attributable to any breach by you.
● Business losses (including lost profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred).
● 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, Open Fun Group, S.L. It also limits your liability for the following cases:
● Open Fun Group, S.L. applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or browser problems used or other this kind.
● Open Fun Group, S.L. will act with the utmost diligence in order to make available to the company responsible for transporting the product subject to the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general any other characteristic of the sector, which result in delays, losses or theft of the product.
● Technical failures that due to fortuitous or other causes, prevent normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. Open Fun Group, S.L. puts all the means at your fingertips in order to carry out the process of purchase, payment and shipping / delivery of the products, however you are exempt from liability for causes that are not attributable to you, fortuitous event or force majeure.
● Open Fun Group, S.L. will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Open Fun Group, S.L. Nor will it be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
● In general, Open Fun Group, S.L. shall not be liable for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, due to force majeure, and this may include, by way of example but not exhaustive:
o Strikes, lockouts or other claims.
o Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
o Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
o Impossibility of using public or private telecommunications systems.
o Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Open Fun Group, S.L. You will have an extension in the period to meet them for a period of time equal to the duration of the force majeure.
Open Fun Group, S.L. will put all reasonable means to find a solution that allows us to fulfill our obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Open Fun Group, S.L. be electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and recognizes that any contract, notification, information and other communications that Open Fun Group, S.L. Send electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with Open Fun Group, S.L. through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Open Fun Group, S.L. You can contact and / or notify the User by email or at the postal address provided.
No waiver of Open Fun Group, S.L. to a specific legal right or action or lack of requirement by Open Fun Group, S.L. The strict compliance by the User of any of its obligations will mean neither a waiver of other rights or actions derived from a contract or the Conditions, nor will the User exonerate the fulfillment of his obligations.
No waiver of Open Fun Group, S.L. to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document referred to expressly in these constitute the entire agreement between the User and Open Fun Group, S.L. in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parties.
The User and Open Fun Group, S.L. They acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to Open Fun Group, S.L. In the course of a transaction on the Website, they will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website the User agrees to the processing of said information and data and declares that all the information or data he provides is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Open Fun Group, S.L. and the User will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send to Open Fun Group, S.L. your complaints, claims or any other comments you wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, Open Fun Group, S.L. It has official complaint forms available to consumers and users, and these can be requested from Open Fun Group, S.L. at any time, using the contact information provided at the beginning of these Conditions (General Information). Also, if the conclusion of this purchase contract between Open Fun Group, S.L. and the User will issue a dispute, the User as a consumer may request an out-of-court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumption matter You can access this method through the website: http://ec.europa.eu/consumers/odr/.