Terms and Conditions
§ 1 Scope
Only the following General Terms and Conditions as amended at the time of the purchase order apply to the business relation between you and ILO Applications SL, Calle Artemisa 4, 29640 Fuengirola, Spain (“VIKING PADEL” aka vikingpadel.com). ILO APPLICATIONS (hereinafter referred to as COMPANY) will not accept any deviating conditions of you unless COMPANY has expressly agreed in writing.
§ 2 Partners to the contract
COMPANY is operated by ILO APPLICATIONS SL, of Calle Artemisa 4, 29640 Fuengirola, Spain. If a contract is concluded (see § 3), ILO APPLICATIONS SL shall be your partner to the contract.
ILO APPLICATIONS SL
“Viking Padel”
Calle Artemisa 4
29640 Fuengirola
Spain
Email: info@vikingpadel.com
§ 3 Conclusion of the contract
By your purchase order, you submit a binding offer to conclude a contract, to COMPANY. The purchase contract is caused by COMPANY accepting your purchase offer by the dispatch of the good. The automatic confirmation e-mail after the receipt of the purchase order does not constitute an acceptance by COMPANY. It only confirms that COMPANY received your offer to purchase. For cash in advance payment COMPANY submits the bank account information by e-mail or via website. This e-mail does not constitute an acceptance by COMPANY.
The text of the contract is stored. The automatic confirmation e-mail after the receipt of the purchase order contains the purchase order data. At any time you are able to visualise or download COMPANY’s General Terms and Conditions on this site.
The purchase contract can be concluded in English language.
§ 4 Instructions on cancellation
Instructions on cancellation and right to cancel
You are entitled to cancel your offer to conclude a contract within 14 days, with no necessity to state reasons. The period of 14 days starts with the handing over of the goods to you or a third person you appointed, except the carrier.
In order to cancel your offer to conclude a contract, you need to declare clearly in writing the wish to cancel. A clear declaration can be done by conventional mail, fax or e-mail. You are welcome to use the sample request for cancellation included. The on-time dispatch of the cancellation will do to comply with the period for cancellation.
The cancellation has to be addressed to (Address where also court documents can be served to):
ILO APPLICATION SL
“Purchase Cancellation”
Calle Artemisa 4
29640 Fuengirola
Spain
Email: support@vikingpadel.com
Consequences of cancellation
In case of a valid cancellation, we are returning all payments we received from you, including delivery costs (exempted are delivery costs, which result from a different shipping method than our standard, most cost effective shipping fee) within a 14 day time period. This period starts with the day we receive your cancellation request. Refunds will be done by the same payment method chosen when making the order unless otherwise agreed. By no means will we be charging fees for refunds. We can refuse refunds until the goods are back in our hands or you can proof the goods have indeed been shipped back to us, whichever point in time is the earliest.
You are obliged to ship items back to us without delay and at the latest 14 days from the day you informed us of the cancellation request.
Return address:
ILO APPLICATIONS SL
Calle Artemisa 4
29640 Fuengirola
Spain
The period of cancellation is complied with if you send the goods back within 14 days of receiving them. You are responsible for the payment of the shipments back to us.
Worsening of the goods and benefits made from that use only have to be compensated for if the use or the worsening of the goods are a result of using the goods to an extend which goes beyond the check of the features or function.
End of instructions on cancellation
§ 5 Sample request for cancellation
If you want to cancel your contract with us, please fill out this from and send it back to us.
ILO APPLICATIONS SL
“Viking Padel”
Calle Artemisa 4
29640 Fuengirola
Spain
Email: support@vikingpadel.com
– I/we(*) hereby declare the wish to cancel the buying contract of the following products(*)/ fulfillment of services(*)
– Ordered on(*)/received on(*)
– Name of customer(s)
– Address of customer(s)
– Email and mobile phone number of customer(s)
– Signature of customer(s) (only if done by letter)
– Date
____________________________
(*) Please delete where inapplicable.
§ 6 Exclusion of right to cancel
No such right to cancel exists for you
1. if you are not consumer in the sense of section 13 BGB (Civil Code).
2. if goods have been custom build or assembled to your specifications, as long as the single parts can only be separated with disproportional efforts or with significant adverse effects on function or condition of the parts.
3. in the case of fraudulent behavior on your purchase or goods have been damaged by you.
§ 7 Delivery, later delivery
If not otherwise agreed, the delivery will be made to the delivery address you indicated.
In individual cases, COMPANY offers you that a product not available at this time will be sent to you on a later date, as soon as available (later delivery). You will not pay any further shipping cost or fees for cash on delivery for later deliveries.
§ 8 Payment
If you are a buyer from European Union, you can pay COMPANY with the payment methods indicated at the time of purchase. These payment methods may include (but may not be always available and are not limited to) PayPal, Amazon Pay, credit card (American Express, Mastercard, Visa), cash on delivery, advance payment, bank transfer or by invoice. Payment by invoice is not possible for new customers. COMPANY is entitled to refuse the payment by invoice for individual customers or individual orders.
Payment by credit card and PayPal will only be triggered off when the good is ordered and immediate debit is possible. With Express Checkout procedures like Amazon Pay or Paypal Express Checkout an immediate debit is possible.
If paying by advance payment, you will transfer the money directly into our bank account in advance. Please keep in mind that you have to borne bank fees which might be charged with advance payments from abroad. COMPANY has to receive the total payment amount.
§ 9 Due date and delay
The purchase price will become due immediately on the conclusion of the contract. In the case of an order per invoice the invoice will contain the due date. If you are delayed with paying, COMPANY is entitled to charge interest on defaulted payment.
§ 10 Reminder fees
If you do not pay the purchase price after the first reminder, COMPANY is entitled to charge a reminder fee of 10 EUR for the second reminder.
§ 11 Set-off, right of retention
You shall only be entitled to offset if your counterclaims are res judicata or acknowledged by COMPANY. In addition, you shall only be entitled to exercise your right of retention if your counterclaim is based on the same contractual relation.
§ 12 Retention of title
The good remains the property of COMPANY until full payment.
§ 13 Warranty for defects and liability
The statutory warranty conditions shall apply. The warranty conditions are explained in each product page at the time of purchase. COMPANY does not provide any extra warranty and therefore the warranty is limited to the warranty provided by the manufacturer of the product. For any defects and warranty requests, COMPANY help you to communicate with the manufacturer.
COMPANY therefore shall not be liable for losses not incurred at the supplied good itself. Notably, COMPANY shall not be liable for lost profit or other economic loss. To the extent to which the liability of COMPANY is excluded or limited, this shall also apply for the personal liability of employees, agents and vicarious agents.
§ 14 Applicable law
The entire legal relation between you and VIKING PADEL is based on the Spain law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.