Terms of Use and Contracting
Introduction
These general terms and conditions of use and contracting govern access to and use by the user of the website www.theswineclub.com (hereinafter, «the website»), as well as the contracting of products and services through it.
By accepting these general terms and conditions of use and contracting, the user declares:
- That they have read, understand, and comprehend the contents herein.
- That they are a person with sufficient capacity to contract.
- That they assume all the obligations set forth herein.
The use of the website attributes the condition of user of the website (hereinafter, «the user») and implies the acceptance of all the terms included in these general terms and conditions of use and contracting.
The user must read these general terms and conditions of use and contracting each time they access the website, as both the website and these general terms and conditions of use and contracting may undergo modifications.
The owner of the website reserves the right to make, at any time and without prior notice, any modifications or updates to its contents and services; to these general terms and conditions of use and contracting; and, in general, to any elements that comprise the design and configuration of the website.
General Information of the Website
In compliance with the provisions of Article 10 of Law 34/2002, of July 11, on services of the information society and electronic commerce (hereinafter, «LSSICE»), the following general information of the website is provided:
- Provisional Owners: Guillermo Sánchez Parrondo, Javier Álvarez Vega, Jaime Zabaleta González
- Email: pickpickleball@gmail.com
Terms of Use
Access to the Website
Access to the website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the user.
Necessity of User Registration and Authentication
In general, access to the content of the website will not require user registration. However, the use of certain services is conditioned on prior registration of the user, as well as the provision of necessary personal and billing data for contracting.
For the purposes of these general terms, the following definitions apply:
- Reader user: one who occasionally contracts a service or buys a product.
- Subscriber user: one who pays a monthly fee to access exclusive content through the website.
- Client user: one who pays for a consulting service through the website.
For the purposes of these general terms, reader users and subscriber users will be collectively referred to as the user, where common application is concerned.
The data entered by the user, whether a reader user or a subscriber user, must be accurate, current, and truthful at all times. Otherwise, it will be considered a violation of these general terms and may result in the immediate termination of the user’s account. Under no circumstances may the user register another person without their due authorization and express consent.
The user guarantees the truthfulness of the data provided at the time of registration and releases the website from any liability in the event of a possible claim.
The registered user will be responsible at all times for safeguarding their password, assuming any damages that may arise from its misuse, as well as from its transfer, disclosure, or loss, committing to diligently safeguard it as an element of user authentication and to change it periodically at least annually.
To this end, access to restricted areas and/or the use of services and content under the password of a registered user will be deemed to have been made by said registered user, who will be liable in all cases for said access and use.
Rules of Use of the Website
The services offered on the website are aimed exclusively at persons over 18 years of age. The user declares and guarantees that they are of legal age to enter into a binding contract, and that all registration information they submit is accurate and truthful. The website owner reserves the right to terminate the accounts of users whose majority age is in doubt.
The user agrees to use the website and all its content and services in accordance with the law, morality, public order, and these general terms and conditions. Likewise, the user agrees to make appropriate use of the services and/or content of the website and not to use them to engage in illegal activities or activities constituting a crime, that infringe the rights of third parties and/or violate the regulations on intellectual and industrial property, or any other applicable legal norms.
The user agrees not to transmit, introduce, disseminate, and 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 terms and conditions. By way of example, and in no case limiting or excluding, the user undertakes to:
- Not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, of apology of terrorism, or that violate human rights.
- Not introduce or disseminate in the network data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider, its suppliers, or third-party users of the Internet network.
- Not disseminate, transmit, or make available to third parties any type of information, element, or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.
- Not disseminate, transmit, or make available to third parties any type of information, element, or content that constitutes unlawful or unfair advertising.
- Not transmit unsolicited or unauthorized advertising, promotional materials, «junk mail,» «chain letters,» «pyramid schemes,» or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for it.
- Not introduce or disseminate any false, ambiguous, or inaccurate information and content in such a way that it misleads the recipients of the information.
- Not disseminate, transmit, or make available to third parties any type of information, element, or content that violates intellectual and industrial property rights, patents, trademarks, or copyright corresponding to the website owner or third parties.
- Not disseminate, transmit, or make available to third parties any type of information, element, or content that violates the secrecy of communications and personal data legislation.
The user agrees to indemnify the website owner for any possible claims, fines, penalties, or sanctions that they may be required to bear as a result of the user’s breach of any of the rules of use indicated above, reserving the right to seek compensation for damages that may correspond.
The website owner reserves the right to cancel the account of users who make inappropriate use of it or do not respect the observations and prohibitions set out in these general terms and conditions.
Exclusion of Liability
The user’s access to the website does not imply an obligation for the website owner to monitor the absence of viruses, worms, or any other harmful computer element. It is the user’s responsibility, in all cases, to have adequate tools for the detection and disinfection of harmful computer programs.
The website owner is not responsible for damages caused to the software and computer equipment of users or third parties during the use of the services offered on the website.
The website owner is not responsible for damages or losses of any kind caused to the user that result from failures or disconnections in the telecommunications networks that lead to the suspension, cancellation, or interruption of the website service during the provision of the same or previously.
Content and Services Linked Through the Website
The service of access to the website may include technical linking devices, directories, and even search instruments that allow the user to access other pages and internet portals (hereinafter, «linked sites»). In these cases, the website owner will only be responsible for the contents and services provided on the linked sites to the extent that they have actual knowledge of the illegality and have not disabled the link with due diligence. In the event that the user considers that there is a linked site with illegal or inappropriate content, they may communicate this to the website owner, without this communication in any case entailing the obligation to remove the corresponding link.
In no case shall the existence of linked sites imply the formalization of agreements with the responsible or owners thereof, nor the recommendation, promotion, or identification of the website owner with the statements, content, or services provided.
The website owner does not know the content and services of the linked sites and, therefore, is not responsible for damages caused by the unlawfulness, quality, outdating, unavailability, error, and uselessness of the content and/or services of the linked sites nor for any other damage that is not directly attributable to the website owner.
Intellectual and Industrial Property
All content on the website, 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 website owner or third parties, without any of the exploitation rights recognized by the current legislation on intellectual property being understood as transferred to the user.
The trademarks, trade names, or distinctive signs are the property of the website owner or third parties, without it being understood that access to the website attributes any right over the aforementioned trademarks, trade names, and/or distinctive signs.
Under no circumstances shall it be understood that access and navigation by the user implies a waiver, transfer, license, or total or partial assignment of said rights by the website owner.
Consequently, it is not permitted to remove, evade, or manipulate the copyright notice and any other identification data of the website owner’s or its holders’ rights incorporated into the content, as well as the technical protection devices, digital fingerprints, or any other information and/or identification mechanisms that may be contained in the content.
Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way the entirety or part of the content included on the website for public or commercial purposes, if there is no express and written authorization from the website owner or, where applicable, the holder of the corresponding rights.
The user acknowledges and accepts that all the rights of intellectual and industrial property over the content and/or any other elements inserted on the website (including, without limitation, all the elements that make up the visual appearance, graphic image, and other sensory stimuli of the web pages that make up the website or «look and feel,» brands, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, navigation architecture, as well as the source codes of the web pages) belong to the website owner and/or third parties who have assigned their rights. For these purposes, the website shall be understood as all those creations incorporated and expressed by the website owner by any tangible or intangible means and/or support, known or unknown, that may be the subject of protection by the current regulations on intellectual property.
In the event that a user or third party considers that any of the contents of the website involve a violation of the rights of protection of intellectual property, they must immediately notify the website owner through the contact details in the GENERAL INFORMATION section of this legal notice and general terms and conditions of use and contracting.
Privacy Policy and Data Protection
In accordance with the provisions of the General Data Protection Regulation (GDPR), the personal data provided by the user during the use of the website will be processed in accordance with our Privacy Policy, which the user must expressly accept in order to use and register on the website.
The user may exercise their rights of access, rectification, cancellation, and opposition to the processing of their personal data by means of a written and signed request, accompanied by a copy of their National Identity Document, sent to the following email address: pickpickleball@gmail.com
Cookie Policy
This website uses its own and third-party cookies to improve the user experience and offer content tailored to their interests. By continuing to browse, the user accepts our Cookie Policy.
Applicable Law and Competent Jurisdiction
These general conditions are governed by Spanish law. For the resolution of any disputes or issues related to this website or the activities carried out therein, Spanish legislation shall apply, to which the parties expressly submit, with the Courts and Tribunals of Madrid being competent to resolve any conflicts arising from or related to its use.
Contractual Conditions
Contracting Procedure
The contracting procedure will be carried out in the Spanish language. To make any purchases on the website, the user must follow these steps:
- Selection of products or services: The user must select the products or services they wish to purchase and add them to the shopping cart.
- Verification of the selection: Once all products or services have been selected, the user must verify the selection made, and may modify it if desired.
- Formalization of the order: The user must provide the necessary data to formalize the order, including billing and shipping information.
- Payment: The user must proceed to pay the corresponding amount through any of the accepted payment methods (credit card, debit card, Bizum, PayPal, bank transfer).
- Order confirmation: Once the order has been formalized, the user will receive an email confirmation of the order, including the order details and delivery conditions.
Prices
The prices of the products and services offered on the website are indicated in euros (€) and include the Value Added Tax (VAT) applicable at the time of contracting. In the event that other taxes, fees, or additional expenses apply, these will be indicated during the contracting process.
Payment Methods
The website accepts the following payment methods:
- Credit card
- Debit card
- Bizum
- PayPal
- Bank transfer
Delivery Times
The delivery time of the products will be indicated in the contracting process and will depend on the availability of the product and the shipping location.
Return Policy
If the user wishes to return a product, they may do so within 14 calendar days from the receipt of the product, provided that the product is in perfect condition, in its original packaging, and has not been used. Return shipping costs will be borne by the user, unless the return is due to an error by the website owner or a defective product.
To process a return, the user must contact customer service via email at pickpickleball@gmail.com, indicating the reason for the return and the order details.
Once the product is received and its condition is verified, the amount paid by the user will be refunded, using the same payment method used in the initial purchase.
Customer Service
For any questions, inquiries, or complaints, the user can contact customer service via email at pickpickleball@gmail.com.
Modification of Conditions
The website owner reserves the right to modify, at any time and without prior notice, the presentation and configuration of the website, as well as these general conditions of use and contracting. Users will always have access to these general conditions of use and contracting in a visible location, freely accessible for any inquiries they may wish to make. Users must carefully read these general conditions of use and contracting each time they access the website. In any case, the acceptance of the general conditions of use and contracting will be a prerequisite and indispensable step for the contracting of any product or service available through the website.
Applicable Law and Jurisdiction
These general conditions are governed by Spanish law. For the resolution of any disputes or issues related to this website or the activities carried out therein, Spanish legislation shall apply, to which the parties expressly submit, with the Courts and Tribunals of Madrid being competent to resolve any conflicts arising from or related to its use.