Last updated: August the 2nd, 2021
1. GENERAL INFORMATION
The ownership of this website, www.playtomic.io, (hereinafter Website) is held by: Playtomic, SL, provided with NIF: B-84604792 and registered in: Registro Mercanitl de Madrid; and its registration data are: volume 35650, Book0, Folio 84, Section 8, Page M-430240 and whose contact information are:
Paseo de la Castellana 93, 10th floor, Cadagua Building CP 28046
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.playtomic.io) and the purchase or acquisition of products and / or services therein (in forward, Conditions).
For the purposes of these Conditions it is understood that the activity that Playtomic develops through the Website includes:
Marketing and booking of paddle tennis courts, tennis courts and golf courses
Also, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website, since those that are in force at the moment in which the acquisition of products and / or services is requested will apply.
For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above or, if applicable, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which they are accepted, since the navigation of the Website begins, all the Conditions herein established, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed primarily at Users residing in Spain. Playtomic does not ensure that the Website complies with the laws of other countries, either totally or partially. Playtomic declines any responsibility that may arise from such access, nor does it ensure shipments or provision of services outside of Spain.
The User may formalize, at his / her option, with Playtomic the contract for the sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
The duly registered Users can buy on the Website by the means and established forms. You must follow the online purchase and / or acquisition procedure of www.playtomic.io, during which several products and / or services can be selected and added to the cart, basket or final purchase space and finally click on "pay "
Likewise, the User must fill out and / or verify the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that Playtomic has received his order or request for purchase and / or provision of the service, that is, the order confirmation. And, in your case, you will be informed, also, by email when your purchase is being sent. In your case, this information may also be made available to the User through your personal space of connection to the Website.
Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User via email. And, in your case, through your personal space of connection to the Website. Likewise, the User may, if he wishes, obtain a copy of his paper invoice, requesting it from Playtomic using the contact spaces of the Website or through the contact information provided above.
The User acknowledges to be current, at the time of purchase, certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, image of it on your page of the Website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / o cost of benefits; and acknowledges that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The User knows that Playtomic shows him for his interest a series of services that the owner does not lend to the Users directly, but that they will be hired and provided by a third party other than Playtomic.
All purchase orders received by Playtomic through the Website are subject to the availability of the products and / or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and / or the provision of services. If there are difficulties in the supply of products or no products remain in stock, Playtomic undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the rendering of a service becomes unrealizable.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, except that due to legal requirements, especially in relation to VAT, a different issue is indicated and applied.
However, unless otherwise indicated, otherwise the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due to the time of handling the shipping procedure by the User, and where it will consult the methods and shipping costs available and freely choose the one that suits you.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
To help Playtomic run smoothly and to cover the costs of the products and services we provide like customer support, we charge a service fee when a reservation has been confirmed. This service fee is clearly visible on the checkout flow. This means you as the player are agreeing to pay all charges for your reservation including applicable fees like the Playtomic service fee when applied and any other items identified during the checkout (collectively, “Total Price”).
In some circumstances the club might have decided not to apply a service fee directly to you as the player but instead taken on the cost themselves, in these cases you will see the service fee as 0.
In the event of cancellation of a booked activity, Playtomic may withhold part of the payment as a commission for the service offered.
Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.
The means of payment accepted will be: Credit or debit card.
Playtomic uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the bank issuing the same, if that entity does not authorize payment, Playtomic will not be responsible for any delay or failure to deliver and may not enter into any contract with the User.
Once Playtomic receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made at the moment in which the User is sent the confirmation of delivery and / or confirmation of the service that is provided in the form and, where appropriate, established place.
In any case, by clicking "pay" the User confirms that the payment method used is his or that, where appropriate, is the legitimate holder of the gift card or credit card.
Playtomic, SL, provided with CIF B-84604792, with registered office at Paseo de la Castellana nº 93, 10th floor, Madrid CP 28046 (hereinafter, "Playtomic"), will carry out different promotions aimed at all potential users of the Playtomic application (hereinafter, the "Promotions"), with the purpose of promoting downloads and subscriptions in the Playtomic application in Spain by new users (hereinafter the "App").
6.1. Territorial scope and application of the promotion: these Promotions will be carried out within the Spanish State, exclusively for users of the App residing in Spanish territory.
6.2. Temporal scope: The participation period in each Promotion will start on the date of its launch and will end on the date indicated in the communication of each of the different Promotions published by Playtomic.
6.3. Free nature of the promotion: The Promotions will be carried out under the modality of "free", that is, the participation in these Promotions will not imply any expense for the participant.
6.4. Communication of the promotion: The Promotions will be communicated during the period in which they are active.
6.5. Legitimated persons and mechanics of the promotion: The conditions to participate in these Promotions will be determined by the particularity of the same. In this way, each Promotion will have different conditions to which the user must comply in each case. These conditions, in addition to the participation dynamics, will be specified in the communication issued by Playtomic for each of the Promotions that are launched.
6.6. Reservations and limitations: Playtomic reserves the right to reject the registration of those participants whose data is not complete or their codes do not meet the requirements to participate in the Promotions. Playtomic reserves the right to make changes that result in the good end of the Promotions, when there is just cause or force majeure reasons that prevent it from being completed in the manner described in these rules.
6.7. Acceptance: The participation in the Promotions implies, by itself, the acceptance of the present bases. The lack of this acceptance by the participant will lead to the exclusion of their participation in the Promotions.
6.8. Processing of personal data: In compliance with the provisions of Law 15/1999, of the Law on Protection of Personal Data, we inform you that the personal data you provide us will be incorporated in a confidential file. In compliance with the provisions of the Law on Services of the Information Society and Electronic Commerce (LSSI), at the time of data collection, users will be asked for their express consent so that Playtomic can make use of their data to In order to send you information and advertising through email or equivalent means, such as SMS on mobile phones.
These data will be kept in the strictest privacy in accordance with current legislation.
Participants in these promotions and registered users may exercise, in relation to their personal data, the rights of access, rectification, cancellation and revocation of consent for the transfer thereof, under the terms referred to in Organic Law 15/1999 of 13 of December on Protection of Personal Data and other regulations that develop it, by means of an email addressed to firstname.lastname@example.org
7. PURCHASE BONUS
8. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if he detects that an error has occurred when entering necessary data to process his purchase request on the Website, he may modify them by contacting Playtomic through the contact spaces enabled. on the Website, and, where appropriate, through those authorized to contact the customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on "pay", has access to the space, cart, or basket where they are writing down their purchase requests and can make changes.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification as established in Organic Law 15/1999, of December 13, on the Protection of Data of Personal character.
In cases where the User purchases products on or through the owner's Website, they are assisted by a series of rights, as listed and described below:
Right of Cancellation
To exercise this right of withdrawal, the User must notify Playtomic of its decision. You may do so, where appropriate, through the contact spaces enabled on the Website or through:
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to desist from the purchase contract. In any case, the User may use the withdrawal form model that Playtomic makes available as part of these Conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is enough that the communication that unequivocally expresses the decision to desist is sent before the corresponding deadline expires.
In case of withdrawal, Playtomic will reimburse the User for all payments received, without any undue delay and, in any case, no later than 14 calendar days from the date on which Playtomic is informed of the decision to cancel by the User. .
Playtomic will reimburse the User using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not attend Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the acknowledgment on his part that he is aware that, once the contract has been fully executed by Playtomic, he will have lost his right of withdrawal.
10. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Playtomic will not accept any liability for the following losses, regardless of their origin:
Likewise, Playtomic also limits its responsibility in the following cases:
Playtomic applies all measures concerning to provide a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or browser problems that are used or others of this nature.
Playtomic will act with the utmost diligence to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road retentions, and in general any other specific to the sector, resulting in delays, losses or theft of the product.
Technical failures that due to fortuitous causes or of another nature, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Playtomic puts all the means at its disposal in order to carry out the process of purchase, payment and delivery / delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
Playtomic will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Playtomic will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, Playtomic will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when the same is due to events that are out of our reasonable control, that is to say, that they are due to force majeure, and this may include, but not limited to:
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Playtomic will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure event. Playtomic will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
11. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Playtomic are electronic (email or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications that Playtomic sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with Playtomic through the contact data provided in these Conditions and, where appropriate, through the contact spaces of the Website.
Likewise, unless otherwise stipulated, Playtomic may contact and / or notify the User in his / her email or at the postal address provided.
No waiver by Playtomic of a specific right or legal action or lack of requirement by Playtomic of strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exempt the User of the fulfillment of his obligations.
No waiver by Playtomic of any of these Conditions or of the rights or actions arising from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
14. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and Playtomic in relation to the object of purchase and replace any other agreement, agreement or prior promise agreed verbally or in writing by the same parts.
The User and Playtomic acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is expressly mentioned in these Conditions.
15. DATA PROTECTION
The information or personal data that the User provides to Playtomic in the course of a transaction on the Website will be treated in accordance with the provisions of the data protection policies (Data Protection Policy Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information and data provided are truthful.
16. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and / or use of this Website and the contracts to purchase products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sale agreements between Playtomic and the User, will be submitted to the non-exclusive jurisdiction of Spanish courts and tribunals.
17. COMPLAINTS AND CLAIMS
The User can send to Playtomic their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, Playtomic has official complaint forms available to consumers and users, which they can request from Playtomic at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if from the conclusion of this purchase contract between Playtomic and the User emanates a controversy, the User as a consumer may request an extrajudicial settlement of disputes, in accordance with Regulation UE Nº 524/2013 of the European Parliament and of the Council, of May 21, 2013, on resolution of online litigation in consumer matters and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC. You can access this method through the website: http://ec.europa.eu/consumers/odr/.