General terms and conditions for contracting the FORUM SPORT ONLINE SHOP
1.- OWNERSHIP OF FORUM SPORT TIENDA ON-LINE
FORUM SPORT, S.A. with registered office in Basauri, Bizkaia, Barrio Etxerre, s/n and with Tax Identification Number A-48450456, registered in the Companies Register of Bizkaia in Volume 95, Sheet BI- 435, Folio 33, 1st entry, is the owner of the portal www.forumsport.com (hereinafter FORUM SPORT SHOP ON-LINE) which is made available to all users who wish to purchase sporting goods offered by this company through the Internet, including direct transport to the home indicated for this purpose.
For the purposes of any communication relating to purchases made through this website, you may contact:
FORUM SPORT, S.A.
(Trade name: FORUM SPORT)
Barrio Etxerre, s/n
E-mail: [email protected]
2.- GENERAL CONDITIONS OF PURCHASE AND THEIR ACCEPTANCE
The present General Conditions of Contracting will expressly regulate the commercial relations that arise between FORUM SPORT, S.A. and the users or clients who contract the products offered by this company through FORUM SPORT ON-LINE SHOP.
They have been prepared in accordance with current legislation on the subject and specifically, in accordance with the provisions of the following legal texts:
Law 34/2002, on Information Society Services and Electronic Commerce.
Law 7/1998 on General Contracting Conditions.
Law 7/1996 on the Regulation of Retail Trade.
Law 59/2003 of 19 December on electronic signatures.
R. D. Legislative 1/2007, of 16 November, Consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws.
Both the navigation and the acquisition of any of the products of FORUM SPORT TIENDA ON-LINE implies the user's acceptance, without reservation of any kind, of each and every one of the subsequent General Contracting Conditions as well as, where applicable, of the Private or Specific Conditions.
FORUM SPORT, S.A. may at any time and without prior notice, modify these General Terms and Conditions of Business as well as the Specific Terms and Conditions that may be included, through the publication of such modifications on the FORUM SPORT ON-LINE SHOP WEBSITE so that they may be known by customers, respecting in any case the obligations assumed with consumers and users until the time of the modification.
3.- PRIOR INFORMATION TO CONTRACTING
FORUM SPORT, S.A. informs that the purchase process of the products offered in FORUM SPORT ON-LINE SHOP is expressly detailed in the section entitled "How to buy?", which can also be accessed through the link included in the main or home page of FORUM SPORT ON-LINE SHOP.
Similarly, the user or client may have access to the General Conditions of use and navigation of this WEBSITE through the section "Legal notice" which can be accessed directly through the link included on the home page of this WEBSITE.
The user expressly acknowledges and accepts the foregoing.
The user also declares that he or she is aware of and accepts the following General Terms and Conditions and any others of a particular or specific nature that may be established for the purchase of certain products from FORUM SPORT TIENDA ON-LINE and that will be duly indicated on the screen during navigation.
Once the purchase has been made and in the shortest possible time, always within twenty-four hours of the execution of the purchase, FORUM SPORT, S.A. will send the user an e-mail confirming the purchase.
The order confirmation and receipt of purchase are not valid as an invoice.
FORUM SPORT, S.A. reserves the right to cancel the user name and password and, therefore, access to FORUM SPORT ON-LINE SHOP for those registered users who maintain debit balances with this company.
The offers contained in this website and the services provided by the aforementioned companies are aimed solely and exclusively at individuals, adults or legal entities that are considered consumers or end users in accordance with current legislation. (Royal Legislative Decree 1/2007, of 16 November) Consequently, anyone who does not meet the above requirements may not purchase products through this website.
4.- FORMALIZATION OF THE PURCHASE-SALE
4.1.- Products offered
FORUM SPORT SHOP ON-LINE will show at any time the products on sale along with their own characteristics and price.
FORUM SPORT, S.A. reserves the right to decide the products offered to users or customers through FORUM SPORT ON-LINE SHOP.
In this way, FORUM SPORT, S.A. may at any time add new products to those included in it, which shall be governed by the provisions of the General Conditions in force at that time. Also, FORUM SPORT, S.A. reserves the right to stop providing access, at any time and without prior notice, to any of the products offered in FORUM SPORT TIENDA ON-LINE.
4.2.- Offers of the day
The offers of the day are applicable in www.forumsport.com and the promotion will have a limited duration of one day, from 10.00h to 09.59h of the following day. Only those offers will be valid if they contain the following information: the discount for the promotion of the day, the applicable discount code and the time remaining until the end of the discount. Also, the products must be identified with the corresponding banner. The discount for the Offer of the day will be applicable on the price already reduced.
In case of application of a code outside the term of validity of the promotion, the order will be cancelled and an email will be sent to inform of the cancellation.
4.3.- Price indication
The price of each product will appear on the screen.
The prices on the screen will be indicated in Euros and include the corresponding Value Added Tax (VAT) and any other applicable taxes. The prices indicated on the screen will be those in force at all times.
In the case of orders placed from territories where, in accordance with current legislation, the aforementioned tax is not applicable, it will be deducted at the time of invoicing.
The offers will be duly indicated on the screen.
FORUM SPORT, S.A. makes every effort to ensure that the information contained on the website is truthful and free of errors. However, in case that the proper functioning of the website is affected by any error beyond the control of FORUM SPORT, S.A., it will be corrected immediately.
Even if you try to make sure that all prices on the website are correct, errors may occur. For this reason, FORUM SPORT, S.A. will check and verify the price of the products purchased, and is not obliged to sell those products purchased by users whose prices are incorrect due to an error or a fault that has occurred on the website, even if an automatic order confirmation has been sent.
In such cases, FORUM SPORT, S.A. will try to contact the user and will send an email to the email address provided by the user at the time of purchase informing the user of the error and cancellation of his/her order. The user, will have the right to reorder once the error has been solved.
In the event that FORUM SPORT, S.A. is unable to contact the user, the order will be considered cancelled and the amounts paid by the user will be refunded in full.
FORUM SPORT, S.A. estimates that the delivery time for orders placed both on the Peninsula and in the Balearic and Canary Islands will be a maximum of 7 (SEVEN) working days.
In the event that it is not possible to comply with this delivery deadline, the customer service department of FORUM SPORT ON-LINE SHOP will contact the customer to inform him/her and confirm or cancel the order.
4.5.- Shipping costs
A link is included below to the shipping costs as well as the delivery times according to the territory in which the orders have to be sent.
The orders for Ceuta, Melilla, Canary Islands and countries outside the European Union are subjected to customs charges over which FORUM SPORT, S.A. has no control and for which FORUM SPORT TIENDA ON-LINE is not responsible in any case. This payment will always correspond to the recipient of the goods or buyer, it is recommended that you consult your customs office for more detailed information before making your purchase.
As regards guarantees and after-sales service, FORUM SPORT, S.A., in its capacity as seller, will be liable to the customer under the terms of Royal Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
FORUM SPORT, S.A. is liable for any lack of conformity that may occur within two years of delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it (This does not include defects caused by negligence, knocks, improper use or handling, unsuitable voltage, incorrect installation not carried out by the authorised technical service where appropriate, or materials subject to wear and tear due to normal use).
As this rule provides, the consumer and user have the right to repair the product, to replace it, to reduce the price or to terminate the contract in accordance with the provisions of the aforementioned legal text.
If the product is not in conformity with the contract, the consumer and user may choose to have the product repaired or replaced, unless one of these two options is objectively impossible or disproportionate. They will be free of charge for the consumer and user.
If, after the repair has been completed and the product has been delivered, it is still not in conformity with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms set out in this chapter. Similarly, if replacement fails to bring the product into conformity with the contract, the consumer and user may demand repair of the product, unless this option would be disproportionate, price reduction or termination of the contract under the terms of the rule.
The price reduction and the termination of the contract shall be at the choice of the consumer and the user, when the latter cannot demand repair or replacement and in cases where these have not been carried out within a reasonable period or without major inconvenience to the consumer and user.
The decision shall not apply when the lack of conformity is minor. The reduction in the price shall be in proportion to the difference between the value the product would have had at the time of delivery if it had been in conformity with the contract and the value the product actually delivered had at the time of delivery.
The provisions of these General Terms and Conditions shall in no way contradict the provisions of the said rule, which shall prevail in all cases.
In order to use the guarantee within the legal period of two years following the delivery of the product, it is essential to present the receipt of purchase. After this period, and in the event that the product purchased has an additional guarantee granted by the manufacturer, the duly completed guarantee certificate must be presented together with the receipt of purchase (in this case, this guarantee must be exercised and claimed directly from the manufacturer).
To make the guarantee effective, contact us by telephone on 944 286 618 from Monday to Friday from 9:00 to 19:00 hours or send us an e-mail by clicking here.
5.- PAYMENT OF THE PURCHASE AND SALE
Purchases made in FORUM SPORT SHOP ON-LINE can be paid by using any of the following systems:
By credit and debit card: VISA, AMERICAN EXPRESS, MASTERCARD and 4B. Pay securely with your debit or credit card, without sharing financial information with Forum Sport through the La Caixa payment gateway. The customer is not charged any surcharge for using this payment method, it is assumed by FORUM SPORT ON-LINE SHOP.
Through PayPal: You can pay with your PayPal account or with your debit or credit card, without sharing financial information. The customer is not charged any surcharge for using this payment method, it is assumed by FORUM SPORT ON-LINE SHOP.
Cash on delivery: the customer will be able to pay for his order upon receipt of the goods at his home. This payment system will only be valid in the Peninsula and Balearic Islands for purchases with amounts between 45€ (FORTY-FIVE EUROS) and 150€ (ONE HUNDRED AND FIFTY EUROS). The customer is not charged any surcharge for using this payment method, it is assumed by FORUM SPORT ON-LINE SHOP.
Bank transfer (Only for Spain): the client will be able to make the payment of his order by means of a transference to the bank account, indicating the number of order obtained to the end of his order. This system is valid for purchases over 150€ (ONE HUNDRED FIFTY EUROS) both from the national territory and outside it.
The bank details required to make the transfer are as follows:
Owner: FORUM SPORT, S.A.
Entity: La Caixa
Account number - 2100/4928/79/2200020328
If you have any questions, you can contact FORUM SPORT SHOP ON-LINE at the telephone number 944 286 618 from Monday to Friday from 9:00 to 19:00 hours (other times through a message in the telephone mailbox) or by e-mail, by clicking here.
6.- SECURITY IN TRANSACTIONS
Your safety is guaranteed.
FORUM SPORT ON-LINE STORE has a secure server: Our secure server software together with the certificate obtained from the certifying entity ACE (www.ace.es) encrypts all personal information, including your credit card number, so that it cannot be read while travelling from your computer to ours. All information about our clients is confidential and is not provided to any company or organization. If you want more information about security in FORUM SPORT SHOP ON-LINE, click here.
7.- RIGHT OF WITHDRAWAL. RETURN AND EXCHANGE POLICY
7.1.- Right of withdrawal of the customer
The customer has the right to cancel all or part of the purchases made in FORUM SPORT ON-LINE SHOP within a maximum period of 60 calendar days without justification.
The withdrawal period shall expire 7 calendar days after the day on which you or a third party other than the carrier indicated by you have acquired material possession of the goods in the order or, in the case of partial deliveries of the same order, on the day on which you or a third party other than the carrier indicated by you have acquired material possession of the last of the goods in an order.
To exercise your right of withdrawal, you must give notice of your decision to withdraw from the contract in an unambiguous statement (e.g. a letter sent by post, fax or e-mail) to:
FORUM SPORT, S.A.
(Trade name: FORUM SPORT)
Barrio Etxerre, s/n
E-mail: [email protected]
You may use the model withdrawal form below, but it is not compulsory to use it. You can access it through the following link.
To comply with the withdrawal period, it is sufficient that the notice of exercise of this right by you is sent before the expiry of the withdrawal period.
The goods to be returned will always and in any case be unused, except as provided in article 79 of Royal Decree 1/2007, of 16 November.
In accordance with current legislation (article 103 of Legislative Royal Decree 1/2007, of 16 November), the foregoing shall not apply, among other cases, to:
Goods that may deteriorate or expire rapidly, products that are open and/or partially consumed.
Sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery. (For example: Underwear, swimwear, mattresses, etc.)
Goods which, after their delivery and taking into account their nature, have been inseparably mixed with other goods.
Sealed sound or video recordings or sealed software which have been unsealed by the consumer and user after delivery. The same criterion shall apply to books.
Goods made to consumer and user specifications or clearly customized.
Daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
You may also partially withdraw from your contract of pruchase-sale.
Consequences of withdrawal:
In case of cancellation on your part, FORUM SPORT, S.A. will refund the amount of the purchase of which you withdraw including the delivery costs (with the exception of the additional costs resulting from your choice of a delivery method other than the least expensive method of ordinary delivery offered) without any undue delay and, in any case, no later than 7 working days from the date on which we are informed of your decision to withdraw from this contract.
FORUM SPORT, S.A. will proceed to make this refund by bank transfer to the account number you provide us. In any case, you will not incur any costs as a result of the reimbursement.
Without prejudice to the foregoing, FORUM SPORT, S.A. may withhold the refund until it has received the goods or until you have provided proof that they have been returned, depending on which condition is met first.
If applicable, you will have to bear the direct cost of returning the goods.
You must return or deliver the goods directly to the business premises indicated on the purchase invoice received (please check the documentation attached to your order) without undue delay and in any event no later than 7 working days from the date on which you inform us of your decision to withdraw from the contract.
The time limit shall be deemed to have expired if the goods are returned before the end of that period.
Otherwise, your right to withdraw shall be deemed to have lapsed.
7.2.- Exchanges and returns.
If the customer is not fully satisfied with the purchase made, he or she may return or exchange the product or products in question within 60 days of receipt of the order.
The changes and returns of products purchased in FORUM SPORT ON-LINE SHOP will be subject to the following conditions:
1.- To begin the process of exchange or return (after the withdrawal period referred to in the previous section) the customer must send an email to FORUM SPORT ON-LINE SHOP (by clicking here) or call the Customer Service telephone number 944 286 618 indicating, in each case, the reason for the exchange or return and an account number where we can make a transfer for the amount of the product, in case you do not want the replacement of the purchased item.
In case of an article being exchanged for another, the customer must inform us about the article he or she wishes, model, brand, size, colour, etc.
2.- Any product that the customer wishes to exchange or return must always be made with the original and intact packaging and labeling, properly packed in its original box and properly protected. The item to be returned must be in the same condition in which it was received, which will be determined by experts from FORUM SPORT ON-LINE SHOP.
3.- No exchanges or returns will be accepted for screen-printed or personalised items, in the case of items that can be copied (such as CDs, electronic games, books, etc.), in the case of underwear, climbing safety items (ropes, harnesses, eights, sunblock, etc.) and in the case of products that require some modification for sale, such as high-end tennis rackets that are not strung from the factory.
4.- If the order is returned to origin due to the fact that the transport company could not deliver the goods to the recipient, FORUM SPORT, S.A. will pay the costs of the first return.
5.- Upon receipt of the package, the customer will confirm that the product is in good condition and that what has been received corresponds to what has actually been ordered.
If the return is due to a product defect, FORUM SPORT SHOP ON-LINE will send its courier service to collect the package. The refund will be made within 7 (SEVEN) working days of receipt of the item by FORUM SPORT ON-LINE SHOP, by bank transfer to the account number provided by the customer for this purpose.
FORUM SPORT SHOP ON-LINE will act in the same way in case of change of product incorrectly sent, sending it again, at your expense, the product purchased by the customer except for those shipments whose shipping costs exceed 10€ (TEN EUROS). For second and subsequent changes to the same order, the customer will be responsible for the costs of changing the product.
6.- If FORUM SPORT ON-LINE SHOPPING carries out the shipment correctly and the exchange or return is due to personal reasons of the client, it will be the client who will assume all the expenses that could be generated.
7.- The customer must send the product to the following address:
FORUM SPORT SHOP ON-LINE
FORUM SPORT, S.A.
Barrio Etxerre, s/n.
48970 Basauri, Bizkaia.
8.- PROTECTION OF PERSONAL DATA
FORUM SPORT, S.A. guarantees that it will process personal data in compliance with the provisions of the legislation on the protection of personal data and information society services and electronic commerce. The protection of personal data extends to everything related to the collection and use of the information provided through this MEDIA AND/OR DIGITAL ENVIRONMENT.
For this purpose, FORUM SPORT, S.A. has adopted the technical and organisational measures of security in its installations, systems and files.
Whenever personal data are requested from a user of the MEDIA AND/OR DIGITAL ENVIRONMENT, at least the identity of the data controller, the purpose for which the data are obtained and the rights of the user will be duly informed in each case.
In the event that users provide personal data of third parties, they must inform these third parties of the content of the data provided, the existence and purpose of the file where their data are stored and the possibility of exercising their rights and identify FORUM SPORT, S.A. as responsible for processing.
All users may revoke their consent, exercise their rights of access, rectification, suppression, limitation, opposition to the processing of their personal data or request their portability by writing to [email protected] indicating in the subject DPO, Barrio Etxerre s / n, 48970, Basauri (Bizkaia)
9.- NULLITY AND INEFFECTIVENESS OF THE CLAUSES
If any clause of these General Contracting Conditions is declared totally or partially null and void or ineffective, it will only affect this provision or part of it that is null and void or ineffective, and the rest of the general conditions will remain in force, and the rest of the general conditions and the provision or part of it that is affected by not being put into effect will be held in place, unless it is essential for these general conditions to be fully affected.
10.- APPLICABLE LEGISLATION
This contract shall be governed by Spanish law, which shall apply to the matters not provided for in this contract as regards interpretation, validity and performance.