Conditions of Sale and Contracting
These Terms and Conditions govern the use of the online store www.padelkiwi.com, legally operated by Padelkiwi, S.L., hereinafter referred to as "Padel Kiwi". By accepting these terms, the User declares that they have read, understand, and comprehend what is stated here and that they assume all their obligations. If the User does not agree with the content of this document, they must leave this website, unable to access or use the services it offers. Likewise, the User expressly and without exceptions accepts that the access and use of this website, its services, and the content of these services take place under their sole and exclusive responsibility.
These Conditions will be accepted by the parties without reservations and may be modified at any time and without prior notice, being the User's responsibility to read them when making a purchase or contracting. The conditions in force at the time of the contract's conclusion will be those applicable.
Applicable Regulations
This electronic contract is concluded under Spanish law and specifically under the legal regime imposed by Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE) and by Law 03/2014, of March 27, General for the Defense of Consumers and Users (LGDCU).
The electronic contract will not be filed by a third party and the language for its conclusion is Spanish. These general conditions can be stored and reproduced at any time by the user making a purchase through their internet browser options, and must be accepted before proceeding to payment of the order.
User Account and Error Correction
To make online purchases in this store, you can register by creating a "User Account", or make a quick purchase without registration (as a guest user).
If you make the purchase as a guest, personal data will not be stored on the website, nor will it be possible to check the order history. Personal data will only be kept for the management and delivery of the requested products.
If you decide to register, you will receive an email confirming that the process has been successfully completed and a reminder of the access data. From the account, you can make purchases, check the order history, change the password, modify personal data, change shipping and billing addresses, make comments, and other procedures or transactions related to your purchases.
Additionally, at any time, you can access your private account to check personal information and addresses and, if necessary, correct any errors that may have existed in the data entry or update them. Shipping and billing addresses can also be corrected or updated throughout the purchase process.
You can unsubscribe at any time by sending an email from the address to be unsubscribed to the address contacto@padelkiwi.com, which will result in the cancellation of your personal data.
In any case, the creation and cancellation of a user account will be governed by the provisions of the Privacy Policy.
Purchase Process
Buy in "Padel Kiwi" is easy and simple, you just have to follow the following steps:
1st.- Select the products you wish to purchase from those offered by "Padel Kiwi". By clicking on each product, you access its file, which includes a detailed description with information, main features, and price. If you need more information, do not hesitate to ask us. NOTE: In the case of product sheets with photographs, products may have slight variations in color or texture compared to the photograph that appears on the website, due to different factors, for example, the resolution of your monitor. However, we will do our best to ensure that the images are as true to reality as possible.
2nd.- Once you have selected the product(s) you wish to Buy, you must press the "Add to cart" button, adding the product to your shopping cart. If you wish, you can continue adding more products to the cart or proceed directly to payment.
3rd.- Once the product selection is complete, a summary will appear identifying the selected article(s). Finally, to continue with your order, you must press the "Complete Order" button.
4th.- As we have indicated in previous sections, when you finish your purchase, you have the option of doing so by registering, or making a quick purchase without registration (as a guest user). When registering, you must provide your contact details and address, and in your future purchases, you will not have to enter your data again.
5th.- Finally, you must accept these Terms of Sale and choose the payment method among those offered by "Padel Kiwi" (see next section).
6th.- Once the purchase process is complete, we will send you an email detailing the data of the same, as well as a purchase receipt or invoice in digital format. If you do not receive this email within 24 hours, or if you notice any error in the entered data, please contact us by any of the following means:
- Notifying it in the contact section of this website
- Writing to the email address contacto@padelkiwi.com
Likewise, if you have not given your consent for us to send you the invoice in electronic format, you will receive a paper copy at no additional cost. Otherwise, you can revoke your consent by contacting us through any of the aforementioned means.
Payment Methods
“Padel Kiwi” offers various payment methods:
- Credit or debit card
- PayPal
- Google Pay
- Apple Pay
- Klarna
Below, we specify the conditions for each of these payment methods.
a Credit or debit card
Payment by credit or debit card is made through the bank's secure payment gateway. Through this payment method, “Padel Kiwi” never collects or handles any customer data related to their card number. All data is processed directly by the bank, so that “Padel Kiwi” can always offer the highest security, transparency, and confidentiality in the transaction.
a Paypal
Make the payment with your PayPal account. Through this payment method, “Padel Kiwi” never collects or handles any banking data. All data is processed directly by Paypal, so that “Padel Kiwi” can always offer the greatest transparency, security, and confidentiality in the transaction.
a Google Pay
Make the payment with your Google Pay account. Through this payment method, “Padel Kiwi” never collects or handles any banking data. All data is processed directly by Google Pay, so that “Padel Kiwi” can always offer the greatest transparency, security, and confidentiality in the transaction.
a Apple Pay
Make the payment with your Apple Pay account. Through this payment method, “Padel Kiwi” never collects or handles any banking data. All data is processed directly by Apple Pay, so that “Padel Kiwi” can always offer the greatest transparency, security, and confidentiality in the transaction.
a Klarna
Make the payment with your Klarna account. Through this payment method, “Padel Kiwi” never collects or handles any banking data. All data is processed directly by Apple Pay, so that “Padel Kiwi” can always offer the greatest transparency, security, and confidentiality in the transaction.
Delivery times
The delivery time is shown during the purchase process, and implies your acceptance of it.
In case of non-compliance with delivery times, you must indicate an additional period appropriate to the circumstances that caused the initial delay. If we still cannot deliver the goods within this additional period, you may terminate the contract. If the delivery time is essential in view of all the circumstances surrounding the conclusion of the contract or when you have informed us, before the purchase, that delivery is essential before or on a specific date. In such cases, you may terminate the contract immediately.
In any case, if the contract is terminated, the amounts paid will be refunded in full.
In the event that the User purchases a product that has not yet gone on sale, but already has a release date, the shipping times will be provisional and subject to change, and will depend on the number of units per product that suppliers have available at any given time. In such a case, we will contact you to inform you of any changes to these products, as well as the possibility of terminating the contract.
In some cases, a stock shortage may occur. Our staff will contact you to provide a solution and inform you of the delivery time once the selected product is available, or to terminate the contract if you wish.
IMPORTANT: In general, we are not responsible for failure or delay in obligations due to causes beyond our control, such as force majeure (e.g., lockdown due to a state of emergency), natural disasters, strikes, accidents, etc. If an incident arises, we will contact you to resolve the issue.
Prices, taxes, fees, and tariffs
Prices are expressed in Euros. The prices of the products of “Padel Kiwi” may vary, but any changes will not affect orders for which a Shipping Confirmation has already been sent.
The final price of the purchased products may vary depending on the applicable taxes in each case, or based on the shipping address and buyer's profile (individual or professional). For informational purposes, except for activities not subject to or exempt from VAT, the following taxes will apply to the items on our website:
The RRP of the items includes VAT.
Account and service cancellation, cancellation, and blocking
User accounts are not deleted due to lack of use. Users can unsubscribe by requesting it from the staff of “Padel Kiwi”, by sending an email to contacto@padelkiwi.com or through their account profile.
In case of non-payment of an order, it may be temporarily suspended until the non-payment situation has been resolved by the User. If more than 15 days pass, “Padel Kiwi” may proceed to cancel the order.
“Padel Kiwi” reserves the right to block access to the User account without prior notice (or directly delete the User account) if it is used illegally or violates the obligations and rules established here, which will be communicated via email. The blocking or deletion of the User account will have no effect on the obligation to pay for purchased products, if applicable.
In exceptional cases, at the sole discretion of the administrators of “Padel Kiwi”, and evaluating the severity of the situation, the administrators may choose to warn the offending User before permanently deleting or blocking their account.
By registering as a User, you agree that the owners of this site reserve the right, acting at any time and without prior notice, to modify or discontinue this website and its services, or to delete provided data, either temporarily or permanently.
Returns
At "Padel Kiwi" we want you to be satisfied with your order. Therefore, we provide you with several methods to return an item that may not meet your needs or expectations. Possible cases of return or withdrawal:
- The product is incorrect, has a defect, or has been damaged during transport:
We pay close attention to ensure all our shipments are made correctly. If you still receive an incorrect item, contact us as soon as possible to resolve it. Before opening the product, verify that the packaging matches the order: color, size, finish, etc.
If the received products show any defect or deterioration, we will respond to the lack of conformity as stated in the "Warranties" section within these sales conditions.
When the product has been damaged during transport, it is necessary to inform us and, if possible, note the incident on the delivery note of the carrier.
Products should be returned in a way that they are protected, including them inside a protective box or bag. "Padel Kiwi" provides a transport company for the collection of the goods, completely free of charge. If you wish to return the goods with a transport company other than the one proposed by "Padel Kiwi", and the selected transport company offers higher rates, you must bear the difference in transport cost.
- Withdrawal:
We don't want you to keep anything you don't like, so you can return an item if it doesn't meet your expectations. Therefore, according to the provisions of the LGDCU, and as long as you are a buyer of an item for personal use, you have the Right of Withdrawal, under which you can return the product, provided it is not a digital product from which the download has been started.
The exercise of this right of withdrawal must be made within a maximum period of FOURTEEN (14) calendar days from its receipt, notifying us of your decision to withdraw from the purchase made (you can use the following withdrawal form model if you wish). You can download the version in Spanish or in English.
Spanish Language: [DOWNLOAD WITHDRAWAL FORM]
English Language: [DOWNLOAD WITHDRAWAL FORM]
In order to exercise this right, the product must be in perfect condition, and preferably retain the original packaging, as well as all parts. If the products do not arrive in perfect condition, do not include all their parts and accessories, or do not retain their original packaging, "Padel Kiwi" reserves the right to refund a lower amount, a circumstance that will be notified to you.
The refund of the purchase amount will be made once the condition of the merchandise has been checked, through the same payment method used in the purchase and, in any case, before 14 calendar days have passed since the receipt of the withdrawal request, provided it is "Padel Kiwi" who manages the collection of the item. If you return the item through a transport company of your choice, the 14-day period will begin to count from when "Padel Kiwi" has effective knowledge of the shipment of the merchandise or, failing that, from the receipt of the same.
The return costs arising from the exercise of the right of withdrawal will be borne by the buyer.
The exercise of the right of withdrawal will not be accepted, among other cases, in the following:
- The supply of goods made to the specifications of the consumer and user or clearly personalized.
- The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
- If you have not yet received the order:
If you have not yet received the order and wish to cancel or modify it, you just need to inform us of the changes you want to make, without any cost if your order has not yet been processed.
Contact for Returns:
*Notification through this website in the "Contact" section
*Email: contacto@padelkiwi.com
All product returns should be addressed to the following address: Looper, Calle de Eduardo Barreiros, 104, Module 5, 28041 Madrid.
Warranties
Except for those that, by their nature, are excluded from consumer goods warranty regulations, and as long as the buyer makes private use, all our products are guaranteed at a national level, against manufacturing defects for three years from the date of purchase (or delivery date, if this is later), or one year if the item is not new.
We will be liable for non-conformities, which the buyer must inform us of within two months from when they became aware of it.
If the defect or lack of conformity arises within the first 3 years from the delivery of the item, it is presumed that the defect or lack of conformity already existed when the product was invoiced (or delivered, if at a later time), meaning there is a defect of origin or factory defect of the product, unless we can demonstrate that the defect or lack of conformity is not of origin, but is due, for example, to misuse or maintenance by the buyer.
On the other hand, if the defect or lack of conformity arises after 3 years, the presumption that the defect comes from the factory does not exist.
In the case of a defective product, we may proceed, as appropriate, with repair, replacement, price reduction, or contract resolution, actions that will be completely free for the buyer (including transportation costs, if any).
Therefore, defects and deterioration caused by external events, accidents, use not in accordance with our instructions or those of the manufacturer (incorrect use), or normal wear and tear are excluded from the warranty. Also, products modified or repaired by the customer or any other person not authorized by “Padel Kiwi”, as well as products that are subject to a specific contract. In these cases, the consumer must bear the cost of repair.
By regulation, and unless proven otherwise, it will be understood that the products comply with the contract as long as they meet all the requirements expressed below:
- a) They conform to the description made and possess the qualities of the product that we have presented to the consumer and user in the form of a sample or model.
- b) They are suitable for the uses to which similar products are ordinarily intended.
- c) They present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, considering the nature of the product.
Conflict Resolution
As required by the new European regulation, we inform users of the existence of a European platform for dispute resolution for online contracts. Thus, for the resolution of consumer disputes (in accordance with Art. 14.1 of Regulation (EU) 524/2013), the European Commission provides an online dispute resolution platform available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=ES
