GENERAL TERMS AND CONDITIONS FOR CONTRACTING

1.- OWNERSHIP OF scorer.es

Corporate Name: HERBE SPORT, S.A. (“SCORER”)

Tax Identification Number: A81069312 

Address: C/ Camino de Villaviciosa, número 5, Polígono Industrial “Alparrache”, 28600 Navalcarnero, Madrid, España.

2.- GENERAL CONDITIONS OF PURCHASE AND THEIR ACCEPTANCE

The present General Conditions of Contracting will expressly regulate the commercial relations that arise between SCORER and the users or clients who contract the products offered by this company through SCORER ONLINE STORE.

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 SCORER 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.

SCORER 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 SCORER 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

The user 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 SCORER 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, SCORER will send the user an-e-mail confirming the purchase.

The order confirmation and receipt of purchase are not valid as an invoice.

SCORER reserves the right to cancel the user name and password and, therefore, access to SCORER STORE 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

SCORER ONLINE STORE  will show at any time the products on sale along with their own characteristics and price.

SCORER reserves the right to decide the products offered to users or customers through SCORER WEBSITE.

In this way, SCORER 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, SCORER reserves the right to stop providing access, at any time and without prior notice, to any of the products offered in SCORER online Store.

4.2.- PRICE INDICATION

The price of each product 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.

Even if we try to make sure that all prices on the website are correct, errors may occur. For this reason, SCORER 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, SCORER 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 SCORER is unable to contact the user, the order will be considered cancelled and the amounts paid by the user will be refunded in full.

4.4.- AVAILABILITY

delivery times will depend on the destination country.

In the event that it is not possible to comply with this delivery deadline, the customer service department of SCORER STORE 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.

4.6.- GUARANTEES

As regards guarantees and after-sales service, SCORER 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.

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).

5.- PAYMENT OF THE PURCHASE AND SALE

Purchases made in SCORER can be paid by using any of the following systems: 

• By credit and debit card: VISA, MASTERCARD and 4B. Pay securely with your debit or credit card, without sharing financial information with SCORER.
• Through PayPal:You can pay with your PayPal account or with your debit or credit card, without sharing financial information..
• 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.

The customer is not charged any surcharge for using this payment method.

If you have any questions, you can contact SCORER at the telephone number +34918101113 from Monday to Friday from 9:00 am to 7:00 pm (other times through a message in the telephone mailbox) or by e-mail, by clicking here.

6.- SECURITY IN TRANSACTIONS

SCORER has a secure server that 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.

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 on SCORER WEBSITE within a maximum period of 14 calendar days without justification.

The withdrawal period shall expire 14 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:

HERBE SPORT, S.A.

C/ Camino de Villaviciosa, número 5, Polígono Industrial “Alparrache”, 28600 Navalcarnero, Madrid, España.

E-mail address:  [email protected]

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.
• Goods made to consumer and user specifications or clearly customized..

In case of cancellation on your part, SCORER 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.

SCORER 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, SCORER 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.- RETURNS.

In the event that the customer is not fully satisfied with the purchase made, they may return or exchange the product or products in question within 60 days of receiving the order.

Changes and returns of products purchased at SCORER ON-LINE SHOP will be subject to what is set out below:

1.- To start the exchange or return process (after the withdrawal period referred to in the previous section has elapsed) the customer must contact us through the contact form (by clicking here) indicating the reason for return.

2.- Any product that the client wishes to return must always be made with the original and intact packaging and labeling, conveniently packed in its original box and properly protected. The item to be returned must be in the same state in which it was received, which will be determined by experts from SCORER TIENDA ON-LINE.

3.- No change or return will be accepted on silk-screened or personalized items, in the case of items that can be copied (such as CDs, electronic games, books ...), in the case of underwear, safety items for climbing (ropes , harnesses, eights, blockers ...) and in the case of those products that require some modification for sale, such as high-end tennis rackets that are not strung at the factory.

4.- If the order were returned to origin because the transport company could not deliver the merchandise to the recipient, SCORER.ES, will take care of the expenses of the first forwarding.

5.- Upon receiving the package, the customer will confirm the good condition of the product and that what was received corresponds to what was actually ordered.

If the return is due to a product defect, SCORER ON-LINE SHOP will send its courier service to remove the package. The refund of the amount will be made within 7 (SEVEN) business days from the receipt of the item by SCORER TIENDA ON-LINE, in the same payment method used at the time of purchase.

6.-If SCORER TIENDA ON-LINE makes the shipment correctly and the return is due to the customer's personal reasons, it will be the customer who will assume all the expenses that may be generated.

7.- The customer must send the product to the following address:

SCORER

C/ Camino de Villaviciosa N5

28600 Navalcarnero

Spain

Upon receipt of the package, the good condition of the product will be confirmed. 

8.- PROTECTION OF PERSONAL DATA

SCORER 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, SCORER has adopted the technical and organisational measures of security in its installations, systems and files.

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.