These General Conditions of Use and Purchase govern the User’s access to and use of the website www.padelmba.com/en (hereinafter, “the Website“), as well as the contracting of products and services through it.
By accepting these General Conditions, the User declares:
- That you have read, understand and comprehend the above.
- That you are a person with sufficient capacity to contract.
- That you assumes all the obligations set forth herein.
- The use of the Website confers the condition of User of the Website (hereinafter, “the User“) and implies acceptance of all the terms included in these General Conditions.
- The User must read these General Conditions carefully each time he/she accesses the Website, as the Website, as well as the General Conditions and other legal texts, may undergo modifications.
General information on the website is given below:
- Owner: PNPN SPORTSMBA S.L. (hereinafter, “PADELMBA“)
- Registered office: Plaza del Comercio 6, Cotos de Monterrey – Venturada (Madrid).
- C.I.F.: B-88558713
- E-mail: [email protected]
2. Terms of use
2.1. Access to the website
Access to the Website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
2.2. Need for Registration
In general, in order to access the services and contents of the Web Page, User Registration shall not be necessary. However, the use of certain services may be conditional upon the User’s prior Registration. For example, in order to purchase the products offered on the Web Page or to send queries or requests, the User must first register by filling in a form. The data entered by the User must be accurate, current and truthful at all times.
2.3. Rules for the use of the Website
The User undertakes to use the Website and all its content and services in accordance with the law, morality, public order and these General Conditions. Likewise, the User undertakes to make appropriate use of the services and/or contents of the Web Page and not to use them for illicit or criminal activities that infringe the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other applicable legal regulations.
The User undertakes not to transmit, introduce, disseminate or make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions.
By way of example, and in no way limiting or excluding, the User undertakes to:
- Not to introduce or disseminate content or propaganda of a racist, xenophobic or pornographic nature, or that advocates terrorism or violates human rights.
- Not to introduce or disseminate on the network data programmes (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognised in the constitution and in international treaties.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
- Not to transmit unsolicited or unauthorised advertising, advertising material, “junk mail”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Website or third parties.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation.
The User undertakes to indemnify the owner of the Website www.padelmba.com against any possible claim, fine, penalty or sanction that he/she may be obliged to bear as a result of non-compliance by the User with any of the aforementioned rules of use, and the Owner of the Website reserves the right to request the corresponding compensation for damages.
The Owner of the Website reserves the right to cancel the account of those users who make inappropriate use of the same or do not respect the observations and prohibitions set out in these General Conditions.
2.4. Exclusion of Liability
The User must confirm that the information published is accurate and complete before making any decision related to any service or content described on this Website.
The owner of the website maintains rigorous security controls to ensure the absence of computer viruses and threats in its downloadable elements. Likewise, the User is recommended to have appropriate tools for the detection and disinfection of harmful software.
The Website Owner shall not be liable for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the service of the Website during the provision of the same or prior to the same.
2.5. Content and services linked through the Website
The service of access to the Website may include technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites“). In these cases, the Owner of the Website shall only be liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify the Owner of the Web Page, without this notification in any case entailing the obligation to remove the corresponding link.
Under no circumstances shall the existence of Linked Sites presuppose the formalisation of agreements with those responsible for or owners of the same, nor the recommendation, promotion or identification of the Owner of the Web Page with the statements, content or services provided.
The Website Owner is not aware of the contents and services of the Linked Sites and, therefore, shall not be liable for any damage caused by the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to the Website Owner.
2.6. Intellectual and industrial property
All the contents of the Web Page, including but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of the Owner of the Web Page or of third parties, and none of the exploitation rights recognised by current legislation on intellectual property on the same may be understood to have been transferred to the User.
The trademarks, trade names or distinctive signs are the property of the Website Owner or third parties, and access to the Website may not be construed as attributing any right over them.
3. Contracting online courses
All online courses offered by PADELMBA will be made available to the user after payment of the course fee in digital form via the website. Access will be exclusively online and no audiovisual material will be provided by any other means.
PADEMBA provides the user with different online payment methods for the purchase of its online courses, which may vary depending on the total amount, the currency or the user’s location. All online payment methods provided meet the high quality and security standards of the payment platforms offered.
The availability of content on the PADELMBA platform for online consumption by the user is unlimited and can be used as many times as desired.
In order to improve the quality and products offered, PADELMBA reserves the right to make changes to the content provided to its users.
Likewise, we remind you that there may be other products and/or services subject to specific contracting conditions, which must be accepted and made available to the user at the time of purchase.
4. Purchasing process
Duly registered Users may purchase from the Website by the means and in the manner provided. They shall follow PADELMBA’s online shopping and/or purchasing procedure, during which various products and/or services may be selected and added to the cart, for purchase.
Also, 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. Subsequently, the User will receive an email confirming that PADELMBA has received your order or request for purchase and / or provision of service, ie order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User via his or her personal connection space on the Website. Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail or via his/her personal connection space on the Website. The User may also request a paper invoice free of charge from our customer service team.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, PADELMBA is not the manufacturer of the products sold or which may be marketed on the Website. While PADELMBA makes every effort to ensure that the information displayed on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information to that which appears on the Website. Therefore, the User should consider not only the information provided by the Website, but also the information available on the labelling, warnings and/or instructions accompanying the product.
The prices of this online shop are expressed in EUROS (€) and include VAT, as established in the current regulations for natural or legal persons resident in Member States of the European Union.
4.1. Shipping
Most products are in stock and are shipped within 48 working hours. For products out of stock, delivery may take up to 15 working days. PADELMBA undertakes to deliver orders within the deadlines stipulated by law, except in cases of force majeure outside any capacity of PADELMBA.
Deliveries will be made within the following territory: Spain (mainland and Balearic Islands) and Portugal.
The transport of orders will be carried out by the company and service that PADELMBA deems appropriate and does not include customs charges, taxes or import duties if necessary.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. No obstante, el transportista dejaría aviso explicando dónde se encuentra el pedido y cómo hacer para que sea entregado de nuevo. In any case, it will depend on each courier company and in any case, you can obtain information on the status of your order by sending an email to [email protected].
Upon receipt of the goods, the customer is obliged to declare directly to the courier company and PADELMBA any fault or breakage, attributable to transport or product respectively.
4.2. Return and cancellation
The User may cancel the purchase of the product purchased within 14 calendar days of receipt of the product or purchase of the digital product. To cancel a product or service, you must fill in and send our cancellation form.
In case of return, the product must be delivered in perfect condition and without any marks of use. Shipping costs for returns will always be charged to the customer.
The money will be refunded in the same original payment method within 14 calendar days of the withdrawal/return request.
The warranty conditions are those established by the manufacturer and will be in force from the day of supply of the material. The warranty covers any manufacturing defect. PADELMBA reserves the right to cancel the warranty in the event of non-compliance with the rules of use established by the manufacturer.
5. Complete agreement
These Terms and Conditions and any documents expressly referred to herein constitute the entire agreement between the User and PADELMBA in relation to the subject matter of the sale and purchase and supersede any prior agreements, understandings or promises made orally or in writing by the same parties. The User and PADELMBA acknowledge that they have 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 Terms and Conditions.
6. Applicable law and jurisdiction
All litigious matters that may arise in relation to this Website and contracts for the purchase of products through it shall be governed by the legislation and the courts of the domicile of the contracting party or user.
6.1. Membership to “Confianza Online”.
Our entity is a member of Confianza Online (non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Carrera de San Jerónimo, 18, 4º 1, 28014 Madrid (Spain). For further information: www.confianzaonline.es.
These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Act, we inform consumers that, as a member entity and under the terms of the Code of Conduct, users may turn to Confianza Online for the alternative resolution of any disputes (https://www.confianzaonline.es/como-reclamar/formulario-de-reclamaciones/). If these disputes relate to electronic transactions with consumers, or to data protection when they are related to this area, the
protection when they are related to this area, the complaints will be resolved by the Confianza Online Mediation Committee, accredited by Confianza Online. Mediation Committee of Confianza Online, which is accredited for the alternative resolution of consumer disputes. If the complaints concern digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury.
We also remind you that you can access the European Union’s online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Last update: 28/03/2023