Conditions of Use and Purchase www.valenciabasket.com

1. INTRODUCTION

This document (together with all the documents mentioned in it) establishes the conditions that govern the use of this website (www.valenciabasket.com) and the purchase of products on it (hereinafter, the "Conditions" ), whatever the application, digital medium, support or device through which it can be accessed. Please read these Terms and our Privacy and Cookies Policy (“Privacy and Cookies Policy”) carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions and our Privacy and Cookies Policy, so if you do not agree with all the Conditions and the Privacy Policy and Cookies, you should not use this website. If you have any questions related to the Conditions or the Privacy and Cookies Policy, you can contact us through our contact methods. The contract may be formalized, at your choice, in any of the languages ​​in which the Conditions are available on this website.

2. OUR DATA

The sale of items through this website is carried out by VALENCIA BASKET CLUB, SAD, a Spanish company with address at Avda. Hermanos Maristas, 16, 46013, Valencia, registered in the Mercantile Registry of Valencia, in Volume 3894, Book 1,161 of the General Section, Folio 109, Sheet V-15,822 and NIF A-46406930 with telephone number 963957084 and emailtienda@valenciabasket.com

3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Privacy and Cookies Policy. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.

4. USE OF OUR WEBSITE

By using this website and placing orders through it you agree to:

1. Use this website only to make legally valid queries or orders.
2. Do not place any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
3. Provide us with your email address, postal address and/or other contact information in a truthful and accurate manner. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Policy).

If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

5. SERVICE AVAILABILITY

The items offered through this website are only available for shipping to Spanish territory and the European Union.

If you want to order from another country through this website, you can of course do so; However, please note that we only offer deliveries to the physical store located at Pabellón de la Fuente de San Luis, Avda. Hermanos Maristas, 16 in Valencia, Spain (hereinafter “the physical store”) or to a shipping address in Spanish territory. To inquire about the possibility of arranging shipments outside of Spanish territory and the European Union, contact our customer service by email attienda@valenciabasket.com

6. HOW TO PLACE AN ORDER

To place an order, you must follow the online purchasing procedure and click on "Authorize payment". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Additionally, we will inform you by email that the product is being shipped (the "Shipping Confirmation").

7. TECHNICAL MEANS TO CORRECT ERRORS

If you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the "My Account" section.

In any case, you may correct errors related to the personal data provided during the purchase process by contacting customer service through emailtienda@valenciabasket.com or telephone 655178559, as well as exercising the right of rectification contemplated in our Policy. of Privacy and Cookies through valencia.basket@valenciabasket.com.

If you detect an error in your order after completing the payment process, you must immediately contact our customer service, at the telephone number or email address mentioned above, to correct the error. .

8. INFORMATION AND AVAILABILITY OF PRODUCTS

8.1 PRODUCT INFORMATION

The descriptions of the products displayed on the Website, as well as the photographs or videos related to them and the trade names, brands or distinctive signs of any kind contained on the VALENCIA BASKET CLUB website, are provided for guidance only.

8.2 PRODUCT AVAILABILITY

VALENCIA BASKET CLUB informs the Client that the number of units available is kept updated with stock in warehouse and availability by our suppliers. In no case will VALENCIA BASKET CLUB intentionally offer for sale more units than it has or the supplier has reserved for it.

VALENCIA BASKET CLUB will do everything possible to please all its Customers in the demand for the products. However, sometimes, and due to causes that are difficult to control by THE COMPANY such as human errors or incidents in computer systems, it is possible that the quantity finally served by the supplier differs from the order placed by THE COMPANY to satisfy the Clients' orders.

In the event that the product is not available after the order has been placed, the Customer will be informed by email of the total or partial cancellation of the order. Partial cancellation of the order due to lack of availability does not give the right to cancel the entire order. If, as a result of this cancellation, the customer wants to return the delivered product, they must follow what is stipulated in the Return section. All orders are subject to product availability. If there are difficulties in supplying products or if items are out of stock, we will refund any amount you may have paid.

9. DELIVERY

Before formalizing the order, you must select the delivery method that best suits your needs. Unless we have agreed otherwise, we will send you the order consisting of the products/s listed in each Shipping Confirmation without any undue delay and no later than within approximately 3 to 5 business days, up to 30 calendar days from the date of the order. Order confirmation.

Please note that there are circumstances arising from the customization of products, or unforeseen or extraordinary circumstances that may affect the delivery date.

If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid.

For the purposes of these Conditions, it will be understood that "delivery" has occurred or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires material possession of the products, which is will prove receipt of the order at the agreed delivery address by signing.

10. IMPOSSIBILITY OF DELIVERY

If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe location, your order will be returned to our warehouse.

If after 15 days from when your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a result of the termination of the contract, we will refund all payments received from you, excluding delivery costs. Please note that transportation resulting from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs to you.

11. DELIVERY IN STORE

If you have opted for in-store delivery, your order can be picked up by you or someone authorized by you at the physical store. To this end, once the order has been prepared, we will contact you to inform you that it is available for collection. You can collect the order personally (for which you must present the order number and your ID) or designate another person to collect the order on your behalf, in which case, this person must present the order number along with your ID. (that is, the DNI of the designated person).

If you make a purchase through the store delivery service, these Conditions will also apply, without prejudice to any other regulations that may apply.

12. TRANSFER OF RISK AND OWNERSHIP

The risks of the products will be your responsibility from the moment of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including delivery charges, or upon delivery (as defined in clause 9 above), if this would take place at a later time.

13. PRICE AND PAYMENT

The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as indicated in the Purchase process.

Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation.

Once you have selected all the items you want to purchase, they will have been added to your basket and the next step will be to process the order and make payment. To do this, you must follow the steps of the purchasing process, filling out or verifying the information requested at each step. Likewise, during the purchase process, before making payment, you can modify the details of your order. Additionally, if you are a registered user, you have details of all orders placed in the My Account section.

You can use Visa, Visa Electron and MasterCard cards as a means of payment.

We inform you that Valencia Basket Club, S.AD. with address at Avda. Hermanos Maristas, 16, 46013, Valencia, registered in the Mercantile Registry of Valencia, Volume 3894, Book 1,161 of the General Section, Folio 109, Sheet V-15,822 and NIF A-46406930 will make the payments and, where applicable, refunds related to payments made through this website.

By clicking "Authorize Payment" you are confirming that the credit card is yours.

To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.

14. VALUE ADDED TAX AND INVOICING

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the items will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.

For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations. in each of these territories. You expressly authorize us to issue the invoice in electronic format, although you may indicate to us at any time your wish to receive an invoice in paper format, in which case, we will issue and send the invoice in that format.

15. RETURN POLICY

15.1 LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE: RIGHT OF WITHDRAWAL

If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification.

The withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in the event that the goods that make up your order are delivered separately, to the 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.

To exercise the right of withdrawal, you must notify Valencia Basket Club, S.AD. with address at Avda. Hermanos Maristas, 16, 46013, Valencia, at tel. 655178559 or through the section provided for this on our website, your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by postal mail or email). To comply with the withdrawal period, it is sufficient for the communication regarding your exercise of this right to be sent before the corresponding period expires.

15.2 CONSEQUENCES OF WITHDRAWAL

In case of withdrawal on your part, we will refund all payments received from you, excluding delivery costs to the initial shipping address without any undue delay and, in any case, no later than 14 calendar days from the date on which that we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same payment method used by you for the initial transaction, unless you tell us otherwise, expressly detailing the payment method through which you want us to make the refund. You will not incur any costs as a result of the refund. Notwithstanding the above, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, whichever condition is met first.

You must return or deliver the products directly to us at the VALENCIA BASKET CLUB physical store, or request the return on our website through a courier/courier, without any undue delay and, in any case, within a maximum period of 14 calendar days. from the date on which you inform us of your decision to withdraw from the contract. The deadline will be considered met if you return the goods before said deadline has expired.

Unless you return the goods to the physical store, you must assume the direct cost of returning the goods.

You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

15.3 OTHER PROVISIONS

You will not have the right to withdraw from the contract whose purpose is the supply of any of the following products:

• Personalized items
• Music CDs/DVDs without their original packaging.
• Goods sealed for health or hygiene reasons that have been unsealed after delivery.
• Masks.
• Other products whose description indicates this.

Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond simply opening it, products that are not in the same conditions in which they were delivered or that have suffered any damage, so you must be careful with the the product/s while they are in your possession. Please return the item using or including all its original packaging, instructions and other documents that may accompany it.

15.4 RETURNS IN STORE

You can return the products to us in the physical store. In this case, you must go there and deliver, along with the item, the electronic receipt that you will have received attached to the Shipping Confirmation. You can present the electronic ticket by showing it digitally through the screen of your mobile device or by taking it printed to the store.

15.5 RETURNS VIA MESSENGER/COURIER

You must contact us via our returns request so we can arrange collection from your home. You must deliver the merchandise in the same package that you received it, following the instructions that you will find in the “RETURNS” section on this website.

The return option by courier/courier may entail an additional cost for you that will be indicated in the same return process.

After examining the item we will inform you if you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and, in any case, within a period of 14 days from the date on which you informed us of your intention to withdraw. However, we may withhold the refund until we have received the goods, or until you have provided proof of return of the goods, whichever condition comes first. The refund will always be made in the same payment method that you used to pay for the purchase, except when a gift ticket is presented for the return. In the latter case, the refund will be made using a VALENCIA BASKET CLUB card or credit ticket issued by VALENCIA BASKET CLUB, SAD. You will assume the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us through our contact channels.

Please note that, having delivered the order, in the event of exercising the legal or contractual right of withdrawal, when you are the one who organizes its transportation, without said service having been offered by us, we will not be able to assume the risk on the return package when it refers to causes not attributable to VALENCIA BASKET CLUB, SAD

Also, remember that you will be responsible for the contents of the return package. In the event that there is an error in the content of the return package not attributable to VALENCIA BASKET CLUB, we will be authorized to pass on the corresponding costs if it is possible to manage the return of the package to your attention. In the event that the content of the package is not as indicated in the return request, VALENCIA BASKET CLUB, SAD will only proceed to refund the products actually received in the package.

The refund price will be the one actually paid by the customer, regardless of any price variations that the returned product may have suffered since purchase.

In any case, the rights and actions recognized by current legislation remain safe.

15.6 CHANGE OF SIZE OR PRODUCT

In cases where you consider that the size of the purchased product does not fit your needs, and without prejudice to the right of withdrawal that you have legally and contractually, you may request a size change in the “Orders and returns” section of the section “My account” on this website, within a period of 14 days from the Shipping Confirmation, and select the size for which you wish to exchange the first product purchased, provided that (i) it is the same product, (ii) you present an amount equal to or greater than the first product purchased (in this case, the price difference will not be passed on to you). Please note that this option will only be displayed when the previous conditions are met.

Once you request the size change and select the delivery method from those indicated below, we will send a courier/Courier to your home. In any case, you must deliver the product without any undue delay and, in any case, within a maximum period of 14 calendar days from the Change Request on the website.

Whether you have selected delivery in any of the physical stores or through a courier/Courier that we will send to your home, we will send you the new order consisting of the product whose size you have selected again within the estimated period of 3- 5 working days from the request for the change and, in any case, within a maximum period of 30 days from said date. This option will not entail an additional cost to you. This new order will be governed by the provisions of the Purchase Conditions, including what relates to the exercise of the right of withdrawal.

Remember that, once 14 days have passed since the Change Request on the website, without you having returned through the means that VALENCIA BASKET CLUB makes available to you, the product purchased in the first place, we will be authorized to pass on the costs to you. corresponding to the new order placed, subject to the provisions of the Purchase Conditions.

15.7 RETURNS OF DEFECTIVE PRODUCTS

In cases where you consider that at the time of delivery the product does not comply with what is stipulated in the contract, you must contact us immediately through our contact channels providing the product details as well as the damage you suffer, or by calling the number 655178559 where we will tell you how to proceed.

You can return the product to any of our physical stores or by giving it to a courier that we will send to your home when requesting collection.

We will proceed to carefully examine the returned product and will inform you by e-mail within a reasonable period of time whether a refund or replacement is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

The amounts paid for those products that are returned due to a defect or defect, when it really exists, will be fully refunded, including the delivery costs incurred for the delivery and return of the item. The return will be made in the same payment method that was used to pay for the purchase, except when a gift ticket is presented for the return. In the latter case, the refund will be made through a VALENCIA BASKET CLUB card or ticket.

In any case, the rights recognized by current legislation remain safe.

16. LIABILITY AND RELEASE OF LIABILITY

Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased from our website will be strictly limited to the purchase price of such product.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless stated expressly the opposite in it.

17. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, trademark and other industrial and intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who have granted us a license for their use. You may use such material only as expressly authorized by us or those who have licensed its use to us. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

18. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging programs or materials. You will not attempt to gain unauthorized access to this website, the server on which said page is hosted or any server, computer or database related to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of infractions classified by the applicable regulations. We will report any breach of these regulations to the relevant authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of your use of this website or of downloading content from it or to which it redirects.

19. LINKS FROM OUR WEBSITE

In the event that our website contains links to other websites and materials from third parties, these links are provided for informational purposes only, without us having any control over the content of said web pages or materials. We therefore accept no liability for any damage or loss arising from its use.

20. WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that most of your communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

21. NOTIFICATIONS

The notifications that you send us must be sent by telephone number 655 158 559, emailtienda@valenciabasket.com or through the options provided on our website. We may send communications to you either by e-mail, your telephone number or the postal address provided by you when placing an order.

It will be understood that notifications have been received and have been correctly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, correctly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email , which was sent to the email address specified by the recipient.

22. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract is binding on both you and us, as well as our respective successors, assigns and assigns. You may not transfer, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.

We may transfer, assign, charge, subcontract or otherwise transfer a contract or any of the rights or obligations derived from it, at any time during its validity. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect the rights that, if applicable, you, as a consumer, have recognized by law nor will they nullify, reduce or limit in any way the guarantees, both express and implied. , which we could have granted.

23. EVENTS OUTSIDE OUR CONTROL

We will not be responsible for any failure or delay in compliance with any of the obligations assumed, when this is due to events that are beyond our reasonable control ("Force Majeure Cause").

Causes of Force Majeure will include any act, event, lack of performance, omission or accident that is beyond our reasonable control and, among others, the following:

1. Strikes, lockouts or other industrial action.
2. Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
5. Inability to use public or private telecommunication systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority. It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to comply with said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.

24. WAIVER

The lack of a requirement on our part for strict compliance on your part with any of the obligations assumed by you under a contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us under of said contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.

No waiver by us of a specific right or action will constitute a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly stated that it is a waiver and is formalized and communicated to you in writing in accordance with the provisions in the Notifications section above.

25. PARTIAL NULLITY

If any of these Conditions or any provision of a contract are declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

26. COMPLETE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the subject of these Conditions and replace any other pact, agreement or previous promise agreed between you and us verbally or written.

You and we acknowledge that we have consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by both of us prior to the same, except as expressly mentioned. in these Conditions.

Neither you nor we will have any remedy against any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to you is the other party will be for breach of contract in accordance with the provisions of these Conditions.

27. OUR RIGHT TO MODIFY THESE TERMS

We reserve the right to modify the Terms and Conditions. The modifications introduced will not be retroactive.

If you do not agree with the modifications introduced, we recommend that you do not use our website.

28. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish legislation.

Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation recognizes you as such.

29. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions will be welcomed. We ask you to send us such comments, suggestions and queries through our contact methods or the postal address indicated in clause 2 of these Conditions. In addition, we have official complaint forms available to consumers and users. You can request them through our contact channels.

Likewise, you can send your complaints and claims through our contact channels or by email attienda@valenciabasket.com, which will be attended to by our customer service in the shortest possible time and, in any case, within the period legally established. Likewise, they will be registered with an identification code that we will inform you and will allow you to track them.

If you as a consumer consider that your rights have been violated, you can send us your complaints through the email address valencia.basket@valenciabasket.com in order to request an extrajudicial dispute resolution.