TERMS AND CONDITIONS
1. GENERAL TERMS
1.1 Read these terms and conditions carefully before buying any items from www.bullpadel.com.au.
1.2 These Terms and Conditions apply on Bullpadel Australia website (www.bullpadel.com.au) and on any order placed by the customer on our website. Play Padel Pty Ltd as the owner of this website reserves the right to frequently update these Terms and Conditions in order to improve our services. Therefore, it is the customer’s responsibility to read them before placing any order.
1.3 By using Bullpadel Australia website, the customer agrees with these Terms and Conditions. If the customer disagrees partially or totally in these Terms and Conditions, do not to use Bullpadel Australia’s website.
1.4 From this point forward Play Padel Pty Ltd will be referred as “Play Padel”, “Bullpadel Australia”, “us”, “we” or “our”. On the other hand the customer will be referred as “the customer”, “customer” or “your”.
2. CUSTOMER REGISTRATION
2.1 Any customer under 18 years old cannot place an order on Bullpadel Australia’s website. If you are under 18 years old, please ask your parents or legal guardian to place an order on your behalf.
3. ORDER CONFIRMATION
3.1 The order process through our virtual store follows several steps. Firstly, the desired products are selected. Then you must provide your customer data, including the billing address and the delivery address (where different). The next step is to select the form of payment. Finally, you have the option of verifying all the information provided (for example, name, address, payment method, items ordered) and correcting whatever is necessary before sending us your order by clicking “Buy” and thereby confirming your order.
3.2 When you make your order, you make us a binding offer to sign an agreement with you. We may accept this offer by sending you confirmation of the order by e-mail or by supplying you with the item ordered. A sales’ agreement shall only be deemed to have been concluded if we send you confirmation of the order by e-mail or if we supply the item ordered. In our confirmation of the order we shall also send you, to the email address you have provided us, all the data pertaining to your order and information about making payment, the customer care service, claims owing to defects and data protection, as well as instructions about cancelling the order.
3.3 We will notify you by e-mail if, for whatsoever reason, we are unable to meet the order.
3.4 You shall make sure that all the information provided to Bullpadel Australia in your information request or in the order is correct and complete. Bullpadel Australia is not obliged to accept an order at any time, or to verify or reject an order before compliance therewith, without having to provide any explanations.
3.5 Products’ stock frequently changes and this is not reserved until the payment is completed. Therefore it might occur that an item can run out of stock by the time the customer complets an order. Only when an order is completed will Bullpadel Australia be able to reserve items in the cart. Once the payment is made, Bullpadel Australia will deliver products listed in the order confirmation to the customer.
4. PRICES AND SHIPPING COSTS
4.1 All our prices are in Australian dollars (AUD). If you choose a different currency please note that Bullpadel Australia does not have any control over currency exchange rates or fees charged by any bank.
4.2 Prices may change often on our website due to variations in currency exchange rates, sales campaigns or discounts that Bullpadel Australia may apply. Therefore the valid price will be the one shown when the order is placed.
4.3 Taxes are included in the prices. However other charges may apply due to overseas orders or currency exchanges. Please, for further details, we recommend you to request further information to your local custom clearance office or bank provider.
4.4 Bullpadel Australia calculates the shipping and delivery costs separately for each delivery address. The shipping and delivery costs you will have to pay shall be indicated to you before confirming the order. Total shipping costs are calculated automatically and are shown before completing the order processing.
4.5 In the event of deliveries to a country outside Australia, you will have to assume all the import and export expenses, as well as all the relevant duties and charges.
5. TRACKING MY ORDER
5.1 You may use the tracking order for your order with the shipment number provided in the confirmation of the order by e-mail.
6. TERMS OF DELIVERY
6.1 At our website there is information about the availability and delivery time of the products sold via www.bullpadel.com.au. Bear in mind that all information pertaining to the availability of a product are estimates only. If Bullpadel Australia observes during the processing of your order that the products you have ordered are not available, you shall be informed thereof in a separate e-mail. This does not affect your legal rights.
6.2 You assume the costs of any failed delivery attempt owing to the fact that the goods supplied do not enter the entrance of the building, door or stairway or because you are not at the specified delivery address despite having received sufficient advance notice of the delivery time.
7. RISK TRANSFER
7.1 In the agreements whereby we send the goods to you the risk of loss or deterioration of the goods is transferred to you at the time when you or a third party nominated by you — other than the carrier — receives the good. Without prejudice to your rights vis-à-vis the carrier, the risk is transferred to you at the time of delivery to the carrier if it was you who ordered the transport of the goods without our having offered said option.
8. TERMS OF PAYMENT
8.1 All products ordered must be paid in full before they are sent.
8.2 We accept the following payment methods: Direct Deposit (EFT), Credit Card (VISA or MasterCard only), PayPal or cash when you pick up at our physical shop. We do not accept payment by cheque. Details will be provided at checkout and will also be provided on the tax invoice you will receive upon placing your order.
8.3 Your order shall be cancelled in the event that, for whatsoever reason, the amount payable for your order cannot be received.
9. ORDER CANCELLATION AND RETURNS
9.1 Right to cancellation
9.1.1 The cancellation period is two weeks. You are entitled, without having to give any reason, to cancel the agreement within fourteen (14) days after you or the person you have designated — and provided that it is not the carrier — has taken possession of the goods.
9.1.2 In order to be able to exercise your right to cancellation, you must inform us of your decision to cancel this agreement within the necessary timeframe, sending a letter to the following address: Play Padel Pty Ltd – Bullpadel Australia, 24 Oceanic Drive, Floreat WA 6014 or by e-mail to email@example.com
9.1.3 To respect the cancellation period you just need to send us a message stating that you are exercising your right to cancellation before the timeframe ends.
9.2 Consequences of cancellation
9.2.1 If you cancel this agreement, we will refund to you all the payments for the goods acquired that you have returned (transport costs will not be refunded). Reimbursement of payment shall be made forthwith, at the latest within fourteen (14) days after the date on which we have received your message cancelling the agreement and subject to the circumstances set out below. To reimburse payment we use the same means of payment that you used for the original transaction, unless otherwise agreed with you. Under no circumstances shall we make any charge for the reimbursement of payment. We may refuse reimbursement of payment until we have received the goods returned or until you can demonstrate that you have sent the goods, whichever occurs first.
9.2.2 You must send us the goods forthwith, in any case no later than within fourteen (14) days after the date on which you informed us about the cancellation of the agreement. The timeframe is respected in the event that you send the goods before fourteen (14) days have elapsed.
9.2.3 The direct cost of returning the goods is at your expense and responsibility. Except in case of tare or manufacturing defect.
9.2.4 You have the obligation to treat the goods carefully and you are responsible for any deterioration that you cause. We reserve the right to ask you for compensation for any goods returned used or deteriorated in any way. You are liable for any loss in value of the goods if said loss can be attributed to any unnecessary treatment of the goods. We specifically reserve the right to discount (offset) said compensation/losses in value of the amounts that we have to refund to you.
9.2.5 Our virtual store does not offer the option of making any direct changes to the items ordered. In the event that you do not wish to keep an item, please send us a declaration of cancellation and return the good in line with our returns information and simply place a new order to receive the item returned, for example, with a different size or colour.
9.3 Exceptions of the right to cancellation
The right to cancellation does not apply to agreements pertaining to:
- The supply of sealed goods which are not suitable for return for the reasons of the protection of health or hygiene and which have been unsealed after delivery;
- The supply of goods which after their delivery, and bearing in mind their nature, have been mixed indistinguishably with other goods.
10. CUSTOMER CARE SERVICE
10.1 If you wish to ask any question, make a comment or complaint about the items ordered, please get in touch with us:
- Play Padel Pty Ltd – Bullpadel Australia, 24 Oceanic Drive, Floreat WA 6014 or by e-mail to firstname.lastname@example.org
11. WARRANTY AND LIABILITY
11.1 When placing an order of a product at our website, you must bear in mind the general information and the special information about the relevant product (in particular, inter alia, information about the characteristics, selection, maintenance and use of products, as well as the security thereof) shown at our website, in addition to the instructions of our manuals.
11.2 The warranty is based on legal provisions. Any complaints made under the legal warranty requirements shall be valid upon submitting them along with proof of purchase to the customer care service mentioned previously.
11.3 Our company offers a legal guarantee of 2 years from the delivery of the products.
11.4 Any damage caused by abuse or inappropriate use, adjustments, maintenance or normal wear and tear shall not be covered by this warranty.
11.5 Our staff and our agents shall be free of any liability if accidental or consequential damage occurs, whether the claim is based on an agreement, warranty, negligence or liability for a product, including, inter alia, any loss of goods other than the product itself, loss of use of any good, as well as any other economic loss. Our staff, our distributors and our delivery staff shall be free of any liability owing to a contribution or compensation, whatever the reason for it.
12. DATA PROTECTION
12.1 Play Padel Pty Ltd, ABN 50611082609, with address 24 Oceanic Drive, Floreat WA 6014, is responsible for the data collection at bullpadel.com.au.
12.2 Our commitment to your privacy is very important to us and we will always act to protect your personal information. We take this responsibility seriously and we are very careful about how and when your personal information is collected, used and shared, following the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth). A copy of the Australian Privacy Principles may be obtained from the website of the Office of the Australian Information Commissioner at www.oaic.gov.au.
12.3 The nature of personal information we collect from you generally comprises of your full name, postal address, mobile number, email address, birthday day and month. Sometimes we will also collect other personal information, such as where you shop and what you purchase, so that we can improve our product and service we offer you. We do not store your payment details.
12.4 The primary purpose for collecting personal information is to promote our product, notify you of special offers, promotions and interact with you via social media channels and provide you with up to date product information.
12.5 Your personal information will not be shared, sold, rented or disclosed other than for delivering purposes or marketing promotions.
12.6 The security of personal information sent to us by electronic means or by post cannot be guaranteed, we cannot accept responsibility for misuse, loss or unauthorised access to your personal information where the security of information is not within our control. If you suspect any misuse or loss of your personal information please contact us immediately at email@example.com.
13. COPYRIGHT & TRADEMARK
13.1 All content on Bullpadel Australia website belongs to TRADINTER S.L.
13.2 Play Padel Pty Ltd is the exclusive distributer of Bullpadel in Australia.
13.3 Play Padel is not responsible for the misuse of Bullpadel Australia website content. All responsibility will exclusively fall on the person/people who use it.
13.4 The portal design and its source codes belong to and they are protected by the attendant intellectual and industrial property rights.
13.5 TRADINTER S.L., is a registered trademark. Third-party use by any means of the trademark of TRADINTER S.L. is forbidden, including both the name and the logo, except with the specific consent of TRADINTER S.L. all rights reserved. Furthermore, the website of TRADINTER S.L., – the specific contents, the programming and the design of the website – is fully protected by copyright and any reproduction, communication, distribution and transformation of said protected elements is specifically forbidden except with the specific consent of TRADINTER S.L., S.A.
14. RESPONSIBILITY FOR THE CONTENTS
14.1 Play Padel Pty Ltd shall not be responsible for the legality of other third-party websites from which the portal can be accessed. Neither is Play Padel Pty Ltd liable for the legality of other third-party websites which could be related or linked via this portal.
14.2 Play Padel Pty Ltd reserves the right to make changes to the website without prior warning, with a view to keeping up-to-date its information, adding, modifying, correcting or eliminating the contents published or the portal design.
14.3 Play Padel Pty Ltd shall not be responsible for the use that any third parties make of the information published at the portal, nor for any damages suffered or economic losses which, directly or indirectly, produce or may produce economic or material damages or to data, caused by the use of said information.
15. TERMS OF ACCESS AND USE
15.1 Use of the website of Play Padel Pty Ltd does not entail any registration obligation of the user. The terms of access and use of the present website are strictly subject to the legality in force
and the principle of good faith, with the user undertaking to make proper use of the website. All acts are forbidden which breach the legality, rights or interests of third parties: the right to privacy, data protection, intellectual property etc. Play Padel Pty Ltd specifically forbids the following:
- To carry out any actions that may cause at the website or via the latter by any means any type of damage to the systems or Play Padel Pty Ltd or to third parties.
- To carry out, without the necessary authorisation, any type of advertising or commercial information directly or in concealed fashion, spamming or the sending of large messages with a view to blocking network servers (“mail bombing”).
15.2 Bullpadel Australia may interrupt at any time access to its website if it detects any usage contrary to legality, good faith or the present general conditions.
16. WEB BROWSING (COOKIES)
17. DATA PROTECTION RIGHTS
17.1 The personal data included on the Register cannot be subject to processing, nor be used for purposes other than that of this publication.
17.2 How to exercise rights: Users may send a communication in writing to the address of Play Padel Pty Ltd, or to the e-mail address including, in both cases, a photocopy of their identification document, to exercise their rights which are as follows:
17.3 The right to request access to personal data: you can ask Play Padel Pty Ltd. whether this company is processing your data.
- The right to request their rectification (if they are incorrect) or erasure.
- The right to request the limitation of their processing in which case they shall only be kept by Play Padel Pty Ltd for the exercising or defence of claims.
- The right to object to processing: Play Padel Pty Ltd shall stop processing data in the manner that you state, except for imperative legitimate reasons or the exercising or defence of any possible claims that have to continue to be processed.
- Right to data portability: in the event that you wish your data to be processed by another company, Play Padel Pty Ltd will provide you with the portability of your data to the new controller.
17.4 Any templates, forms and further information about said rights can be found on the Office of the Australian Information Commissioner at www.oaic.gov.au.
17.5 Possibility of withdrawing consent: in the event that consent has been granted for any specific purpose, you are entitled to withdraw consent at any time, without this affecting the lawfulness of processing based on consent prior to its withdrawal.
17.6 How to complain to the Supervisory Authority: If a user considers that there is a problem with the way in which Play Padel Pty Ltd is handling your data, you may address your complaints to the Office of the Australian Information Commissioner at www.oaic.gov.au.
18.1 These general terms and conditions are solely subject to Australian law jurisdiction.
18.2 Any legal disputes arising out of the present general terms and conditions, or related therewith (including any noncontractual disputes) are subject to the non-exclusive jurisdictional competence of the Australian courts, provided that this does not prejudice the mandatory right of one of the parties to bring proceedings before some other competent court in accordance with the procedural law in force.
18.3 However, in the event of disputes, we reserve the right to bring proceedings against you before that court competent for your domicile.
19. LEGAL NOTICE
19.1 The holder of the website associated with the domain bullpadel.com.au is Play Padel Pty Ltd, with ABN 50 611 082 609, whose registered office is at 24 Oceanic Drive, Floreat (Perth) WA 6014 and phone number (+61)428 085 550, mail firstname.lastname@example.org.