These General Conditions of Use and Sale (hereinafter, the "General Conditions") regulate the use of the website excens.com (hereinafter, the "Website") that Excens Sports makes available to people who access your Website in order to provide them with information about Products and Services, their own and / or collaborating third parties, and facilitate their access to them, as well as the hiring of Products and Services through the same (all referred to collectively as "Products" and "Services").
The ownership of this website, excens.com (hereinafter "Website"), is held by the Excens Sports (hereinafter "Excens"), provided with NIF B-01768258, Registered in the Mercantile Registry of Barcelona in Volume 42574, Folio 135, Page 410394, and whose contact information is:
Excens Sports (B-01768258)
C / Muntaner nº 292, 3º 2ª 08021 Barcelona
Tel. +34 933 621 869
In addition to reading these General Conditions, before accessing, browsing and / or using the Website, the User must have read the Legal Notice and the General Conditions of Use and Sale, including the Cookies Policy and the Privacy and Protection Policy of Excens Data.
Excens reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions, without prior notice, being able to change, delete or add both the contents and services provided through the Website as the way they appear presented or located on their servers. Therefore, it is recommended to carefully read the information contained in the Website each time you access it. The changes in the present General Conditions will be considered accepted by the Users and Clients at the moment in which a purchase or acquisition of Products or Services becomes effective.
Users or Customers not satisfied with the modifications of the General Conditions must notify it and, from the date on which the new version comes into force, they must stop using the Services.
For all questions that the User or Client may have in relation to the General Conditions, you can contact Excens using the contact information provided above or, if applicable, using the contact form.
CORRECT USE OF THE SERVICES
The User or Client undertakes to use the Services in a diligent, correct and lawful manner.
The User or Client shall be liable for damages of any nature that Excens may suffer, on occasion or as a consequence of the breach of any of the aforementioned obligations, as well as any other included in these General Conditions and / or those imposed by the Law in relation to the use of the Website.
Excens will watch over the respect of the current legal system at all times, and will be entitled to interrupt, in its sole discretion, the Service or to exclude the User or Client from the Website in case of alleged commission, complete or incomplete, of any of the crimes or faults typified by the current Penal Code, or in case of observing any conduct that in the opinion of Excens is contrary to these General Conditions, the Law, the norms established by Excens or its collaborators or may disturb the good functioning, image, credibility and / or prestige of Excens or its collaborators.
All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of Excens or third parties, whose rights in this respect are legitimately held by Excens , being therefore protected by national and international legislation.
The use of all elements subject to industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation is strictly prohibited. Violation of any of the aforementioned rights may constitute a violation of these provisions, as well as an offense punishable in accordance with articles 270 and following of the Penal Code.
Those Users or Customers who send comments, opinions or comments to the Website through the electronic mail service or by any other means, in the cases in which, due to the nature of the Services, it is possible, it is understood that Excens is authorized to the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for all the time of protection of copyright that is legally envisaged and without territorial limitation. Likewise, it is understood that this authorization is granted free of charge.
Claims that may be filed by Users or Clients in relation to possible breaches of intellectual or industrial property rights over any of the Services of this Website should be directed to the email address indicated in these General Conditions.
EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
Excens reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services provided through it at any time and without prior notice, whether for technical reasons, security, control , maintenance, for power failure or for any other justified cause.
Consequently, Excens does not guarantee the reliability, availability or continuity of its Website or the Services, so the use thereof by the User or Client is carried out at your own risk, without At no time can Excens be held responsible in this regard.
Excens will not be liable in case of interruptions of the services, delays, errors, malfunctions of the same and, in general, other inconveniences that have their origin in causes beyond the control of Excens , and / or due to an intentional act. or culpable of the Client and / or originates causes of unforeseeable circumstances or force majeure. Without prejudice to what is established in article 1105 of the Civil Code, the following shall also be included in the concept of Force Majeure, and for the purposes of these General Conditions, all events that occur outside the control of Excens , such as: third party failure , operators or service companies, government acts, lack of access to third party networks, acts or omissions of the Public Authorities, those others produced as a consequence of natural phenomena, blackouts, etc. and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that Excens has adopted reasonable security measures in accordance with the state of the art. In any case, whatever its cause, Excens will not assume any responsibility for direct or indirect damages, consequential damages and / or loss of profits.
Excens excludes any liability for damages of any nature that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed. through the Website as well as for the Services provided or offered by third parties or entities. Excens will try as much as possible to update and rectify that information hosted on its Website that does not comply with the minimum guarantees of truthfulness. However, it will be exempt from liability for its non-updating or rectification as well as for the contents and information provided in it. In this sense, Excens has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by Clients or collaborators, except in cases where required by current legislation or when required by a Judicial Authority or Administrative competent.
Similarly, Excens excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alteration in computer systems as well as in stored documents or systems in them.
Excens is not responsible for the use that the Client makes of the Website Services or their passwords, as well as any other material thereof, infringing the intellectual or industrial property rights or any other rights of third parties.
The Client undertakes to hold Excens harmless, for any damage, loss, sanction, expense (including, without limitation, attorney's fees) or civil, administrative or any other kind of liability that Excens may suffer related to the breach. or partial or defective performance by you of what is established in these General Conditions or in the applicable legislation, and, especially, in relation to your obligations related to the protection of personal data collected in these conditions or established in the LOPD and development regulations.
LINKS TO OTHER WEBSITES
Excens does not guarantee or assume any type of responsibility for the damages and losses suffered by the access to Third Party Services through connections, links or links of the linked sites or the accuracy or reliability thereof. The function of the links that appear on Excens is exclusively to inform the User or Client about the existence of other sources of information on the Internet, where you can expand the Services offered by the Portal.
Excens will not be in any case responsible for the result obtained through such links or the consequences arising from access by users or customers to them. These Third Party Services are provided by these, so Excens can not control and does not control the lawfulness of the Services or their quality. Consequently, the Customer must exercise prudence in the assessment and use of information and services existing in the contents of third parties.
ACCESS AND SECURITY
The purchase of Products and / or Services can be done as a User or by registering as a Client. The Client's identifier will consist of his email address and a password, which must contain at least 4 characters. To access the Client's own account, the inclusion of the corresponding identifier and password will be necessary.
The use of the password is personal and non-transferable, the assignment, even temporary, to third parties is not allowed. In this regard, the Client undertakes to make diligent use and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.
In the event that the Customer knows or suspects the use of your password by third parties, you must modify it immediately, in the way it is collected on the Website.
PROCESS OF PURCHASE AND PRICES
Purchase or acquisition process and prices:
Users have the possibility to make all their orders from the Internet page excens.com.
The User who proceeds to make a purchase of Products or Services declares to be over 18 years old and with full capacity to enter into contracts through the Website, as well as to use credit cards or other payment systems and that they have sufficient funds to cover all costs resulting from the purchase of products through the Website.
The User must follow the process of purchase and / or online acquisition of Products and Services, being able to select them and add them to the cart, basket or final purchase space. The User must fill in and / or check the information requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified. By pressing the "Buy" button during the purchase process, the User or Client materializes full and complete acceptance of all of these Conditions.
The Customer acknowledges to be up to date, at the time of purchase, certain particular conditions of sale that concern the Products and Services in question and that are displayed next to the presentation or, where appropriate, image of these on the page of the Website.
Excens will confirm your order through an email. The contractual information is presented in Spanish.
The data registered by the Website constitutes proof of the transactions made by the User with Excens . The communications, purchase orders and payments that intervene during the transactions may be archived and kept in computerized registers in order to constitute a means of proving the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force. that in this respect they are of application, and, particularly, attending to the current regulation in matter of protection of data.
Excens reserves the right to refuse an order from any User with whom it has litigation.
The prices of the Products and Services displayed on the Website are the final in the currency that corresponds in each country and include taxes. Transportation costs are not included.
The prices of the Products and Services may change at any time, but the possible changes will not affect the actual purchases that have already been made.
All purchase orders received by Excens through the Website are subject to the availability of the Products and / or that no circumstance or cause of force majeure affects the supply thereof and / or the provision of the Services. In the event that a Product or Service can not be used due to unavailability of the same, the refund of the amount paid by the User or Client will be managed.
Secure forms of payment
The means of payment accepted will be: credit or debit bank card, PayPal, bank transfer.
The bank cards accepted are Visa and MasterCard. The purchase price will be charged to the bank account of the User or Client, the purchase being considered effective when the payment is confirmed by the corresponding bank. The credit cards will be subject to checks and authorizations by the bank of the same. If this entity does not authorize payment, Excens will not be responsible for any delay or failure to deliver and may not enter into any contract with the user.
In the event that the POS (Point of Sale Terminal) reports the card's denial, the order will be automatically canceled, informing the User or Client of said cancellation.
Payment through PayPal
In this mode the payment will be made according to the conditions agreed by the User or Customer with PayPal. This mode has no cost to the customer. In case Excens has to make a refund to the User or Client, it will be done in the same way.
In this mode the payment will be made by the User or Client in the Excens bank account. that it identifies. The purchase will be deemed made when Excens receives the purchase amount.
The deliveries of the Products and the Provision of the services will be made in the territories, with the following costs defined in the Transportation section.
The delivery of the Product shall be deemed made upon the provision of the same to the User or Customer or to the third party indicated by the carrier, understood as making available the moment of acquisition of the material possession of the Products. It is up to the recipient to check the order at the time of delivery and then make all reservations and claims that appear justified, even having the possibility of returning the package.
Reservations and complaints must be addressed to Excens by email to the address indicated in these General Conditions.
The risks arising from the Products may be borne by the User or Client from the moment of delivery. The User or Client acquires ownership of the products when Excens receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this occurs in a moment after the complete receipt of the amount to be paid by Excens.
Technical means to correct errors
The User or Client is informed that if he detects that an error has occurred when entering the necessary data to process his purchase request on the Website, he may modify them by contacting Excens through the data of contact indicated on the Website and in the first clause of these General Conditions.
Likewise, the User or Client is referred to consult the Legal Notice to obtain more information on how to exercise their right of rectification as established in the personal data protection regulations.
Returns & Exchanges
The User or Client has the right to desist from said purchase within a period of 14 calendar days without the need for justification. This withdrawal period will expire after 14 calendar days of the delivery of the Product.
In order to exercise this right of withdrawal, the User or Client must notify Excens of its decision with the WITHDRAWAL form, clearly and unequivocally stating that it is his intention to withdraw from the purchase contract.
In the event of withdrawal, Excens will reimburse the Customer, within a maximum period of 30 days from the receipt of the Product by Excens , all amounts paid by the buyer without withholding expenses, except for the cost of shipping the Product. The shipping costs associated with the return of the product are borne by the customer.
The right of withdrawal will not be applicable to Products or Services customized or tailored to the Client or User.
Excens offers a two-year warranty from the date of delivery to correct the lack of conformity in the Product and repair or replace it. Unless proven otherwise, it is presumed that the lack of conformity that manifests itself in the 6 months after delivery already existed when the item was delivered. From the sixth month, the consumer must demonstrate that the lack of conformity existed at the time of delivery of the good, this test will usually consist of expert reports or evidence that leads to the conviction that the defect was original.
The return of the amounts that come from Excens will be made using the same payment method that was used to make the initial purchase transaction.
In any case no refund will be made if the Product is not in the same conditions in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.
Excens will not be responsible for the breach of the contract concluded in case of stock rupture or unavailability of the product, force majeure, disturbance or total or partial strike, in particular, of postal services and means of transport and / or communications, flood or fire.
Specifically, and unless otherwise provided by law, Excens will not accept any liability for the following losses, regardless of their origin:
Any losses that were not attributable to any breach on your part.
Business losses (including lost profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred).
Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.
Likewise, Excens also limits its liability in the following cases:
Excens 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 may be used, or others of this nature.
Excens will act with the utmost diligence to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially causes 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 other 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. Excens puts all means at its disposal for the purpose of carrying out the process of purchase, payment and delivery / delivery of the products, however, disclaims liability for reasons that are not attributable, fortuitous event or force majeure.
Excens will not be responsible for the misuse and / or wear of the Products that have been used by the Customer. At the same time, Excens will not be responsible for an erroneous return made by the User. It is the Client's responsibility to return the correct Product.
In general, Excens 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 beyond our reasonable control, that is, due to force majeure.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Excens will have an extension in the term to comply for a period of time equal to the duration of the force majeure event.
Excens will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
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.
In the event of litigation, the Client will go to Excens as a priority to obtain a friendly solution. Any disagreement that may arise due to the validity, interpretation or execution in relation to these General Conditions, as well as any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the sales contracts between Excens and the User or Client, will be presented before the Courts of Barcelona, to which express attribution of exclusive competence is made.
WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the Client accepts that most of the communications with Excens are electronic (email or notices published on the Website).
For contractual purposes, the Client consents to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications that Excens sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User or Client.
The Client can send notifications and / or communicate with Excens through the contact details specified in these General Conditions and, where appropriate, through the contact spaces of the Website.
Likewise, unless otherwise stipulated, Excens can contact and / or notify the User or Client in his / her email or in the postal address provided.
No waiver of Excens to a specific right or legal action or lack of requirement by Excens of strict compliance by the User or Client of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the General Conditions , nor exempt the User or Client from compliance with their obligations.
No waiver by Excens of any of these General Conditions or of the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the Client 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.
These General Conditions and any document to which express reference is made in these constitute the entire agreement between the User or Client and Excens in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parties.
The User or Client and Excens 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.
The information or personal data that the User or Client provides to Excens in the course of a transaction on the Website, will be treated in accordance with the provisions of data protection policies. When accessing, browsing and / or using the Website, the User or Client consents to the processing of said information and data and declares that all the information or data provided is true.
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