TERMS AND CONDITIONS
ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE:
By placing an order through the Website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. If you place the order on behalf of a legal person, you declare that you have sufficient capacity to represent said legal person and to accept these GTCS.
Likewise, from the moment you place the order, after marking the boxes enabled in the purchase form, you accept and commit to comply with these terms and conditions, without any type of reservation in this regard. These CGV replace any other previous conditions reflected in any other document. Consequently, read these CGV carefully before placing an order through the Website.
The purchase shall be understood to be made at the registered office of VOLUVE SPORT, indicated in the previous section.
VOLUVE SPORT has the right to review and modify these CGV at any time and without prior notice. However, said changes will not have any effect on orders sent prior to the corresponding modification.
PERSONAL DATA:
The information or personal data that you provide us will be treated in accordance with the provisions of the Privacy Policy included in this Website. By using this Website, you declare that the information and data provided are true, exact and correspond to reality.
CORRECTION OF ERRORS IN THE INTRODUCTION OF DATA:
The information or personal data provided during registration on the Website, or during the purchase procedure, may be corrected through your customer profile at any time. In the event that the payment has already been made and it is necessary to modify any data, later and referring to the order placed, contact our Customer Service.
PURCHASING PROCESS:
The purchasing process may be carried out in Spanish, English and French. You can select the desired language to make the purchase by clicking on the button located at the top right of the screen, you can choose any of the languages offered.
The purchase process consists of several steps that are summarized below:
Register:
To make the purchase you must have registered on the Website and register on it. For this purpose, it will be necessary for you to provide, among others, the following information, your name or company name, address, email, which must be true and exact in any case.
To complete the registration, you will need to read and accept our "Privacy Policy" and our "Terms and Conditions of Use of the Website". When you register, you will have a username and password (the "Credentials") to access your personal account on the Website. You can modify the data at any time by accessing your account.
Formalization of the Order:
Once you have the credentials, you can choose the products, add them to the shopping cart and follow the steps indicated to complete the order and formalize the purchase.
Once you have included the billing and shipping information, if any, and you have proceeded to the payment, you will be informed of all the details of the order (including an order number [the “Order Number”]). Keep in mind that the Order Number is provided for reference purposes and that in no case does it constitute a confirmation by VOLUVE SPORT of acceptance of the order.
Placing an order means making a purchase offer for the products selected and included in the shopping cart in accordance with these terms and conditions. VOLUVE SPORT reserves the right to accept said offer at its sole discretion, being able to accept it only partially, and in case of not doing so for any reason, VOLUVE SPORT will try to contact you by email, telephone or postal mail and will reimburse you whatever amount you were able to give him.
Order confirmation:
In the event that VOLUVE SPORT accepts your order and after having verified the availability of the requested product, as well as the payment made, it will notify you by sending an order confirmation (the order confirmation). Said Order Confirmation will be sent by email and will be effective from the date of shipment.
Shipment:
Once the Order Confirmation has been received, VOLUVE SPORT will send you the product or products purchased through the Website, to the postal address indicated in the registration form, which cannot correspond to a post office box or public places, such as public roads, squares, stations, airports or other similar.
All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount you may have paid.
Additionally, the items offered through this Website are available for shipment to Spain and other EU countries, the United States and the United Kingdom.
For orders over €100 (Taxes excluded), sent to the peninsula and the Balearic Islands, shipping will be FREE. For orders outside of Spanish territory, shipping costs will be charged according to the rate-zone. In the case of the United States and the United Kingdom, it is the recipient who must pay the duties and taxes to enter the country.
Delivery:
The delivery of the products that will be carried out with a tracking number and delivery without a signature, will be carried out by a carrier service. Orders placed from Monday to Friday before 1:00 p.m. are shipped within 48 hours of receipt of payment (this may be affected if there are holidays in between). If you place the order after 1:00 p.m. on Friday, it will be shipped next Monday.
Once the shipment has been made, we will provide you with a link so that you can follow your order online.
For shipments within Spain, the estimated delivery time is 48 working hours (Monday to Friday, excluding holidays). For shipments within the European Union the delivery time is 4 to 5 working days (Monday to Friday, excluding holidays). For shipments to the United States and the United Kingdom, the estimated delivery time can vary between 10 and 15 days.
The delivery will be made to the postal address that you have included in the order data, except for reasons of force majeure. The delivery note will be sent together with the Product or Products. You can use the option to track your order with the shipping number provided in the order confirmation email.
In the event that you are not at home when your order arrives, UPS will leave a delivery notice in your mailbox and send you an email notice with detailed instructions to arrange delivery/pickup. You will have a maximum of 10 days to organize it. The risk of the product will be in your charge from the moment of its delivery, so from that moment you will be the only person responsible for it. Notwithstanding the foregoing, and despite having proceeded with their delivery, you will not acquire full ownership of the products until VOLUVE SPORT receives full payment of all amounts owed in relation to them, including shipping costs that in its case may be applicable.
PRICE, PAYMENT METHODS AND BILLING:
Price:
All prices are in EUROS. The prices will be those published on the Website at the time you made the order. All prices include Value Added Tax (VAT) in accordance with current legislation. Shipping and delivery costs are automatically calculated separately for each delivery address and will be informed to you before completing the order process. Prices may change at any time, although any changes will not affect orders for which we have already sent you an Order Confirmation.
Payment methods:
VOLUVE SPORT through the Website, accepts the following payment methods:
Credit card: You can pay using Visa, MasterCard debit or credit cards. Your credit card details are sent directly to the corresponding payment gateway for payment settlement with your bank. No one at VOLUVE SPORT can have access to your credit card details, neither during payment nor afterwards.
On the bank statement you will receive a charge from VOLUVE SPORT. If your bank authorizes payment with your card, we take care of processing your order.
PayPal: PayPal allows any business or individual consumer with an email address to send and receive payments securely. In the "Pay with PayPal" button, you can access the secure PayPal website. Once there, if you already have a PayPal account, you will be able to authorize the payment.
If you do not already have a PayPal account, you will be able to register for free, including your debit or credit card, and you will be able to make payments for your orders. The use of PayPal as an online payment method is safe.
Bank transfer: you will receive the information by email once the order is confirmed.
Billing:
You expressly authorize VOLUVE SPORT to issue the invoice electronically, it will be sent to the email you have indicated, when you register on our website or, during the purchase procedure, and it will be sent in Spanish. Although you can notify us at any time of your wish to receive a paper invoice, in which case, we will issue and issue the invoice in said format.
The electronic invoice will be archived on our servers for 5 years, counted from the moment it was sent to you by email. In this way you can request it, in case of loss, for example, through our customer service.
LEGAL GUARANTEE:
As a consumer you have the right to be protected for a period of time against existing defects or lack of conformity with the products:
This mandatory guarantee implies a series of rights that can be exercised:
Repair Replacement Price reduction Termination of the contract • Repair and replacement:
If the product is defective or does not conform to the one you purchased, you can choose between repair or replacement, as long as one of these two options is not objectively impossible or disproportionate.
Repair:
-It will be free, as well as the cost related to it, especially shipping costs, costs related to labor and materials.
-It will be carried out within a reasonable period of time and without major inconveniences, taking into account the nature of the products and their purpose.
-Delivered the product for repair, the warranty period is suspended until we return it to you repaired.
-Once we have delivered the repaired product, during the next 6 months we will be liable for any defects in the repair that, if any, may arise.
-In addition, if the repaired product continues to be non-compliant with the one originally purchased, you can choose: its replacement (unless it is disproportionate), a price reduction or termination of the contract (both explained below).
When you deliver the product to us for repair, we will give you a receipt with the delivery date and the defect. When we deliver the repaired product, we will give you another receipt with the date of delivery and the repair carried out.
Substitution:
-You will not be able to choose substitution in the case of non-expendable products (not replaceable because they are unique), or in the case of second-hand products.
-It will be free, as well as the cost related to it, especially shipping costs, costs related to labor and materials.
-It will be carried out within a reasonable period of time and without major inconveniences, taking into account the nature of the products and their purpose.
-From the time you request the replacement, the warranty period is suspended until we deliver the new product. The new product does not have a new warranty term, but continues with the initial one.
-If the new product is still not in conformity with the one originally purchased, you can choose: its repair (unless it is disproportionate), the price reduction or the termination of the contract (both explained later).
When you give us the product to be replaced, we will give you a receipt with the delivery date and the defect. When we deliver the new product, we will give you another receipt with the delivery date.
Price reduction:
-You can exercise this right, when you cannot choose the repair or replacement and for those cases in which these have not been carried out within a reasonable time and without major inconveniences.
-It will be proportional to the difference between the value of the product that is not defective or conforms to the purchased product and the value of the product that is defective or does not conform to the purchased one.
Termination of the contract:
-You will not be able to exercise this right if the lack of conformity is of minor importance.
-For the rest of the cases, you will be able to exercise when you cannot choose the repair or replacement and for those cases in which these have not been carried out within a reasonable period of time and without major inconveniences.
How long do I have these rights?
New products: 2 years from the day that appears on the invoice or purchase receipt, or on the delivery note if it is of a later date.
How do I exercise them?
You must contact us through the following email info@voluvesport.com or by calling +34 633 76 25 26 where we will tell you how to proceed.
Note that:
You must inform us of the defect or lack of conformity within a period of 2 months from when you become aware of it, since you will be responsible for the damages caused by the delay in your communication. However, you maintain the rights mentioned above.
It is understood that the product does not present a defect or is in conformity with the one purchased, provided that:
-It conforms to the description made by VOLUVE SPORT and possesses the qualities that have been indicated on this Website.
-It is suitable for the uses to which products of the same type are ordinarily destined.
-And, present the usual quality and benefits of a product of the same type that are reasonably expected, taking into account the nature of the product and, where appropriate, the public statements on the specific characteristics of the products that we could have made.
LEGAL RIGHT OF WITHDRAWAL
In accordance with 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 (hereinafter, "Royal Decree 1/2007 ”), in the event that they have the status of consumer, as said term is defined in the aforementioned standard, you will have the right to withdraw from the sale within a period of 14 calendar days from the receipt of the products subject to the sale without need to justify your decision and without penalty of any kind, unless the sale refers to some of the products and/or services detailed in article 103 of the aforementioned law, among which are, merely illustrative:
I) The supply of goods made according to the specifications of the consumer and user or clearly personalized;
II) The supply of goods that can deteriorate or expire quickly;
III) And the supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
How do I exercise my right?
- You must notify your decision to withdraw from the purchase contract through an unequivocal statement sent by email to the address info@voluvesport.com or by postal mail to the address C/ Diseminado Poligono 11 Turís - 46389 - Valencia Spain, in which contains your contact information, the order reference, delivery date, photocopy of your DNI/NIF and a copy of the delivery note or invoice. For this purpose, you can use this withdrawal form model.
- VOLUVE SPORT will contact you to coordinate the collection of the items subject to withdrawal. Unless otherwise indicated, you can return the products by sending them to the following address: C/ Diseminado Poligono 11 Turís - 46389 - Valencia Spain, the costs of said shipment being your responsibility.
To comply with the withdrawal period, it is enough that the communication regarding the exercise of the aforementioned right is sent before the corresponding period expires.
In the event of withdrawal in accordance with this Clause, VOLUVE SPORT will return all payments received in relation to the purchase subject to withdrawal, including delivery costs that you may have paid corresponding to the cheapest shipping option offered, no later than of the 14 days following the day on which VOLUVE SPORT receives the aforementioned communication. However, the costs of returning or returning the products will be borne by you. In any case, if the product is damaged, defective or the item does not correspond to the one you have ordered, we will bear the cost of returning the products.
VOLUVE SPORT may make said refund using the same means of payment that you would have used for the initial purchase transaction unless another means of payment is expressly agreed. Notwithstanding the foregoing, VOLUVE SPORT may withhold the refund until it has received the goods that are the object of the sale and it is verified that the products are in good condition or until you have presented proof of their return, depending on which condition is met. first.
Items must be returned in packaging that ensures that the products are properly protected in transit.
RETURNS:
Customers residing in the European Union are guaranteed by law the right to withdraw from the purchase contract of a product for a maximum period of 15 calendar days from the receipt of the item. This right is applicable to all our products. In this case, the return costs will be borne by the customer. We recommend that the shipment be certified.
When we receive the returned product, and after verifying that it is not used or damaged, we will refund the payment. For the refund of the payment we use the same means of payment that you used for the original transaction, unless we have expressly agreed otherwise. We may deny a refund of payment until we have received the returned merchandise and carried out the relevant checks.
Our virtual store does not offer the option of making direct changes to the ordered items. In the event that you do not want to keep an item, please send us a void statement and return the goods to us in accordance with our returns information and you can place a new order to receive the returned item, for example in a different size or colour.
Ask us by email for the return sheet to print and fill in with the corresponding data. Once completed, insert the sheet in the return package, this is very important in order to process your return correctly and that you receive the refund as soon as possible.
Conditions to make a return:
-That the product keeps its original packaging and has not been used.
-That the original labels have not been removed.
-That it has not been tampered with (for example, in the case of a racket, that overgrips or protectors have not been incorporated).
-That it has not been damaged by misuse or negligence.
-That has been purchased at www.voluvesport.com
You can then send the goods to
VOLUVE SPORT (Matteo Volpin) C/ Diseminado Poligono 11 Turís - 46389 - Valencia Spain
ONLINE DISPUTE RESOLUTION PLATFORM:
In accordance with the provisions of article 14 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on the resolution of online disputes in consumer matters, which modifies the Regulation (EC ) No. 2006/2004 and Directive 2009/22/EC, consumers have an Online Dispute Resolution Platform, which can be accessed from the following link: <br>
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=ES
Through this link, users of the Website will be able to access the European Online Dispute Resolution Platform. In the event that you have had a problem with a purchase or the provision of an online service, you can use this means to present any claim in relation to said purchase, sale or provision of services, as well as opt for an out-of-court solution to the conflict that has arisen.
A shortcut has been established in the "footer" or footer of the website to allow easy access by consumers to said platform.
CUSTOMER SERVICE:
In any case, for any incident or claim you can send an email to info@voluvesport.com or contact us by calling +34633762526. You can also send your request by post to the registered office of VOLUVE SPORT or use our online chat. As a consumer you can request complaint forms at the registered office of VOLUVE SPORT.
LIABILITY OF VOLUVE SPORT:
VOLUVE SPORT is not responsible for those losses that were not attributable to any breach on its part, business losses (including lost profits, income, benefits, contracts, data or unnecessary expenses incurred), those indirect or consequential losses that do not were reasonably foreseeable by both parties at the time the purchase contract for the products was formalized.
Nothing in these conditions limits or excludes our liability in case of misrepresentation, death or personal injury attributable to our negligence or intent.
Likewise, our responsibility in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
Please note that this has no effect on your legal rights as a consumer under Royal Decree 1/2007, nor on the right to return the products in accordance with clause 8.
WRITTEN COMMUNICATIONS:
The applicable regulations require that part of the information or communications that we send you be in writing. By using this Website, you agree that the majority of such communications with VOLUVE SPORT will be electronic. For contractual purposes, you are aware of using this electronic means of communication and you acknowledge that all contracts, notifications, information and other communications that VOLUVE SPORT sends you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
NOTIFICATIONS:
The notifications that you send to VOLUVE SPORT should preferably be sent through our email info@voluvesport.com. In accordance with the provisions of clause 10 above and unless otherwise stipulated, VOLUVE SPORT may send you communications either by e-mail or to the postal address provided by you when placing an order.
Notifications will be understood to have been received and correctly made 24 hours after an email has been sent, or 3 days after the postage date of any letter. To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, was correctly sealed and that it was duly delivered to the post office or to a mailbox and, in the case of an email , that it was sent to the email address that you specified when placing the order.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS:
In case of purchase through this Website, these CGV are binding both for you and for VOLUVE SPORT, as well as for the respective successors, assigns and successors in title.
You may not transmit, assign, encumber or in any other way transfer your contractual position or any of the rights or obligations derived from it in your favor or for you, without having obtained the prior written consent of VOLUVE SPORT.
PARTIAL NULLITY:
If any of these CGV were declared null and void by a firm resolution by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity, and the null or inapplicable clause will be replaced by another that may assimilate to the previous one in the most appropriate way possible.
FORCE MAJEURE:
Neither you nor VOLUVE SPORT will be responsible for the breach of these GTCS as a result of a force majeure beyond your control. Force majeure shall be understood as any act, event, lack of exercise, omission or accident that is out of reasonable control, and in particular, and for merely illustrative and non-limiting purposes, the following: strikes, lockouts or other protest measures, disasters natural disasters, civil commotion, terrorist threats or attacks, impossibility of using trains, ships, planes, motor transport or other means of transport, among others.
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 fulfill said obligations for a period of time equal to the duration of the cause of force majeure.
APPLICABLE LAW AND JURISDICTION:
The contract for the purchase of products through this Website will be governed by Spanish law. Any controversy that arises or is related to the use of the Website or with said contract will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals as long as the mandatory right of one of the parties is not prejudiced when suing before another competent court. in accordance with current procedural law.
However, if you are contracting as a consumer under the terms of Royal Decree 1/2007, nothing in this clause will affect the rights that current legislation may recognize as such.