GENERAL TERMS AND CONDITIONS
UNBRK FITNESS is owned by Xipa Store, Lda.
These General Conditions of Contract apply to the procurement of products (the "Product/s") offered to any Internet user who places an order (the "Customer/s") through the website hosted at www.unbrk-fitness.com and www.unbrk-fitness.com (the "Web"), owned by the entity Xipa Store, Lda., which operates under the trademark UNBRK® ("UNBRK FITNESS").
The identification and contact details of
UNBRK FITNESS are as follows:
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Registered Office : Rua das Matas, 425 - 3840-478 Vagos, Aveiro - Portugal
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Tax Number: PT515140058
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Email address: info@
unbrk-fitness.com
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Web form: www.unbrk-fitness.com/pages/contact
CONCLUSION OF THE CONTRACT
The subject-matter of the contract is the selling of products.
As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, you are finally shown the order data again as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the relevant instant payment system, choose and/or enter your data as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as an order overview.
Before submitting the order, you have the option once more to review or change (you may also use the "Back" button on your web browser) any information on the order summary page, or to cancel the purchase.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
Price and method of payment.
The price of the Products will be the one that appears in Euros on the Web and will include VAT and / or, where appropriate, any other tax and / or tax applicable in the territory of application, as well as, where appropriate, any shipping and customs charges duly broken down in accordance with the provisions of the Web: https://www.basketballemotion.com/en/informacioncompra/envio#gastos. In the case of large volume orders, BASKETBALL EMOTION reserves the right to modify the shipping costs of your order depending on the volume of the same, amounts that will be duly notified to the Customer immediately.
BASKETBALL EMOTION reserves the right to make, at any time, the changes it deems appropriate on the amount of the price of the Products. In any case, the price applicable to the contract order made by the / the Customer will be the one that appears at the time of accepting the General Conditions of Contract for the Product selected.
Subsequent to such payment, the / the Customer will receive an email confirming the purchase of / the Product / s along with a copy of the General Conditions of Contract. The Customer may request BASKETBALL EMOTION an invoice in physical support of the contracting of the Product.
Product delivery
Once BASKETBALL EMOTION has verified that the purchase has been made correctly, it will proceed to deliver the Products to the address indicated by the Client in the purchase procedure within a period which, in any case, shall not exceed thirty (30) days from the date of order confirmation.
The Customer may track orders through the tool provided on the Website.
Delivery of the Products shall be deemed to have taken place from the moment they have been made available to the Customer.
If at the time of delivery of the Products, the / the Customer is absent, you should contact the courier company contracted by BASKETBALL EMOTION or Customer Service to arrange another delivery date.
All orders for the purchase of the Products are subject to availability of the same. In case of unavailability of the contracted Product, BASKETBALL EMOTION will inform the Customer and may offer a product of similar characteristics of equal or higher quality, although the / the Customer, alternatively, may cancel your purchase and recover the amount paid as soon as possible.
Liability
BASKETBALL EMOTION makes every effort to provide you with accurate and complete product information that is as up to date as possible. Notwithstanding the foregoing, the colour of the products displayed on the Web may vary depending on the characteristics of the Customer's devices. To this end, BASKETBALL EMOTION reserves the right to correct the images of the products when necessary.
BASKETBALL EMOTION will not be responsible for any errors that may occur in the delivery of the Products in the event that the / the Customer has not correctly completed the purchase form enabled on the Web. If there were any incident in the delivery of the Products, BASKETBALL EMOTION will inform the Customer as soon as it becomes aware of it.
The risk of the Products shall pass to the Customer from the time they have been made available and, in the case of their return, shall remain at the expense of the Customer until the delivery of the same to BASKETBALL EMOTION.
Also, BASKETBALL EMOTION shall not be liable for breach of any of the obligations under the General Conditions of Contract by force majeure.
Warranties
The warranty of the Products sold through the Web will conform to the provisions of current legislation and, therefore, in general, BASKETBALL EMOTION will respond to the lack of conformity expressed by the / the Customer within three (3) years from delivery of the Products.
In particular, if the Product offered by BASKETBALL EMOTION is not in conformity, Customer shall inform BASKETBALL EMOTION as soon as possible by email at soporte@basketballemotion.com and follow BASKETBALL EMOTION's instructions.
The Customer shall at all times follow the instructions of Customer Service and the provisions of the section "Warranties" to exercise the right of warranty.
In case of return of the goods for non-conformity, the cost of return shall be borne by BASKETBALL EMOTION.
Withdrawal
The Customer has a period of fourteen (14) calendar days from the date of purchase of the Products to exercise his/her right of withdrawal.
However, it is not appropriate for the Customer to exercise the right of withdrawal in the cases provided for by law, for example, in the case of personalised products or products made according to the Customer's specifications and in the case of sealed products that are not suitable for return for reasons of health protection or hygiene.
To exercise the right of withdrawal, the / the Customer must complete the Withdrawal Form and send the Product to be returned to BASKETBALL EMOTION along with all packaging.
Once the right of withdrawal has been exercised and, in any case, within a maximum period of fourteen (14) calendar days from the date of receipt of the Product, BASKETBALL EMOTION will make the payment to the Client corresponding to the full amount of the purchase of the Product and, where appropriate, delivery costs.
Without prejudice to the right of withdrawal provided above, BASKETBALL EMOTION admits the return of the Products in accordance with the provisions of the Returns Policy.
Personal data protection
In relation to personal data provided by the / the Client during the purchase procedure of the Products, BASKETBALL EMOTION, in its capacity as Data Controller, will treat them in order to manage the sale and delivery of the Products purchased through the Web, as well as, where appropriate, to send informative communications to / to the Client by automated custom analysis.
The Client may exercise his/her rights of access, rectification, deletion or other rights by sending an e-mail to protecciondatos@basketballemotion.com.
In the event that the Client wishes more information on the Privacy Policy, he/she can consult it through the link:
More information.
Complaints and claims
The Client shall contact BASKETBALL EMOTION, through the means indicated at the beginning of the General Conditions of Contract, to express their complaints and claims, committing BASKETBALL EMOTION to make available the sheet or form of claims to address them as soon as possible and, in any case, within one month after they are presented.
Nullity
If any of the clauses of the General Terms and Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part of the same that is null or ineffective and the same shall remain in force in all other respects, and such provision or the part of the same that is affected shall be deemed not to be in force. For these purposes, the General Terms and Conditions shall only cease to be valid only with respect to the invalid or ineffective provision, and no other part or provision of the same shall be annulled, invalidated, impaired or affected by such invalidity or ineffectiveness.
Applicable law and jurisdiction
The General Terms and Conditions shall be governed by and construed in accordance with Spanish law.
In accordance with art. 14 of Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters, the Client is informed that they can submit their claims to the dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/
Likewise, in the event that any conflict or discrepancy arises in the interpretation and / or application of the General Conditions of Contract, the competent Courts shall be those provided for in the applicable regulations on jurisdiction over consumers and users.
