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General Conditions of sale

www.funnygolfacademy.com

 

1. GENERAL INFORMATION

The ownership of this website (hereinafter WebSite) belongs to: FUNNY GOLF, S.L., with tax identity code NIF: B02578870 and registered in the Trade Registry of Madrid; with the following registration data: Volume 38411 Folio 37, Sheet M-683316; contact information is as follows:

Address:

Calle Serrano
Number 1, 4th Floor
28001 Madrid

Contact email: info@funnygolfacademy.com

This document (as well as any other document mentioned here) regulates the conditions governing the use of this WebSite (www.funnygolfacademy.com) and the purchase or acquisition of products and/or services offered (hereinafter Conditions). 

For the purposes of these conditions it is understood that the activity that Funny Golf Academy develops through the WebSite is following:

Innovative products for golf 

In addition to reading these conditions, before accessing, browsing and/or using this WebSite, the User has to read the Legal Notice and the General Conditions of Use, including the Cookies Policy, and the Privacy Policy and Data Protection of Funny Golf Academy. When using this WebSite or when making and requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and for all the aforementioned.

Likewise, it is informed that these Conditions can be modified. The User is responsible for consulting them every log-in, since those that a are valid at that moment will apply. For all questions that the User may have in relation to these Conditions he/she can contact the owner using the contact information provided above or, where appropriate, using the contact form.

 

2. USER

Access, navigation and use of the WebSite confers the condition of User (hereinafter, referred to, indistinctly, individually as User or together as Users), so these Conditions will apply from the start of the browsing the WebSite.

The User assumes full responsibility for the correct use of the WebSite. This responsibility comprises: 

The use of this WebSite for making inquiries and purchases.

The prevention of making any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, this purchase could be withdrawn and the relevant authorities would be informed.

The provision of truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use)

The User declares to be over 18 years and have legal capacity for celebrate contracts through this WebSite.

The user can formalize, at his/her choice, with Funny Golf Academy the purchase contract 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

Users can buy on the WebSite by the means and forms established. The online purchase and acquisition procedure of www.funnygolfacademy.com has to be followed; several products and/or services can be selected and added to the cart, basket or final purchase space. The purchase will be ended by clicking on “Buy Now”.

The User must fill out and/or check the information requested on each step.  The purchase data can be changed during the purchase process before making the payment. 

Once finished the purchase the User will receive an e-mail confirming that Funny Golf Academy has received the order and/or provision of the service. The User will be informed, by e-mail once the goods have been sent.

Once the purchase procedure has concluded, the User agrees that the WebSite generates an electronic invoice that will be sent to the User by email. Also, the user can, if desired, obtain a  paper invoice copy (according article 63 LCU).

The User acknowledges, at the time of purchase, to be aware of certain particular conditions of sale that concern the purchased product and/or service. These conditions are displayed next to the presentation, or as an image of on your WebSite page, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, products details, or features, way in which they will be carried out. The User by ordering any product or service accepts the full and complete acceptance of the particular conditions of sale applicable to each case.

Communications, purchase orders, and payments involved in the transactions made on the WebSite could be filed and preserved in Funny Golf Academy’s computerized records in order to constitute a means of proof respecting reasonable security conditions and laws and current regulations that apply in this regard, and particularly in response to Regulation (EU) 2016/679 of the European Parliament and the Council, of April 27, 2016, concerning the protection of natural persons with regards to the processing of personal data and free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital waste, the rights that assist Users in accordance with the privacy policy of this WebSite.

 

4. AVAILABILITY

All purchase orders received by Funny Golf Academy through the WebSite are subject to the availability of the products and/or to what circumstances or cause of force majeure (clause nine of these Conditions) affects the supply thereof and/or the provisions of services. If there were difficulties in the supply of products or there will be no products in stock, Funny Golf acts about LCU.

 

5. PRICES AND PAYMENT

The prices displayed on the WebSite are the final, in Euros (€) and include all taxes, especially VAT (Value Added Tax) if applicable.

However, and unless otherwise indicated, the price of the items offered exclude shipping costs, which will be added to the total amount due when managing the shipping procedure by the User.

In no case the WebSite will add additional costs to the price of a product or a service automatically, other than those that the User has selected and chosen voluntarily and freely.

Prices can change at any time, but the possible changes will not affect any confirmed orders or purchases. The means of payment accepted will be: Credit or debit card. 

Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize the payment, Funny Golf Academy will not be responsible for any delay or lack of delivery and can not formalize any contract with the User.

Once Funny Golf Academy receives the purchase order from the User through the WebSite, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time it is sent to the User confirmation of sending and/or confirmation of the service that is provide in and, in your case, established place. 

In any case, by clicking “Buy Now” the User confirms that the payment method used is his.

 

6. DELIVERY

In the cases in which it is necessary to carry out the physical delivery of the contracted property, deliveries will be made worldwide.

Except in those cases where there are unforeseen or extraordinary circumstances or, in the case, of a personalization of the products, these will be delivered within the period indicated on the WebSite according to the shipping method selected by the user and, in any case, within a maximum period of 30 calendar days from the date of order confirmation. 

If, for any reason which is imputable to Funny Golf Academy, the delivery date does not comply, Funny Golf Academy will contact the User to explain this circumstance and the User can choose to continue with the purchase establishing a new delivery date, or cancel the order with the total refund or the price paid. 

Home deliveries will only be made on weekdays. 

If it is impossible to effectively deliver the order by the absence of the user, the order could be returned to store. However, the carrier will leave a notice explaining where you are ordering and how to go about it redelivered. 

If the user is not going to be in the place of delivery at the agreed time frame you should contact Funny Golf Academy to suit another day delivery.

If within 30 days of your order is available for delivery and has not been delivered for reasons not attributable to Funny Golf Academy, Funny Golf Academy understood that the user wishes to cancel the contract and it shall be deemed resolved. As a result of the termination of the contract, all payments received from the user will be returned, except the delivery costs without undue delay and in any case within a maximum period of 14 calendar days from the date the contract is considered resolved. 

However, the user should be aware that transportation derivative of the resolution may have an additional cost that may be affected.

For the purposes of these Conditions, it is deemed to have occurred delivery or the order has been delivered at the time when the user or a third party indicated by the user acquires physical possession of the products, as demonstrated by the signing of receipt of order at the agreed delivery address.

The risks that may arise products are borne by the user from the time of delivery. User acquires ownership of the products when Funny Golf Academy receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping charges, or at the time of delivery, if it takes place in a post full reception of the amount subject to payment for Funny Golf Academy moment. 

In accordance with the provisions of Law 37/1992 of 28 December, the Value Added Tax (VAT), purchase orders for delivery and/or provision shall be construed located in the territory of application of VAT Spanish if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The VAT rate applicable shall be legally force at any time depending on the particular item in question.

In the same vein, and in accordance with Chapter I of Title V of Directive 2006/112 of the Council of 28 November 2006 on the common system of VAT, purchase orders will be located, for delivery and/or provision in that member State of the European Union that the address on the purchase order is located and, therefore, the VAT will be applicable in that member State.

In orders to the Canary Islands, Ceuta and Melilla, deliveries will be found exempt from VAT by applying the provisions of Law 37/1992 and Directive 2006/112 without prejudice to the application of taxes and duties under the regulations in force in each of these territories. The User should be aware that in these territories there may apply accrued taxes and customs duties on arrival, in accordance with current regulations, and that they could paid by the User.

For all other locations than above indicated for delivery and/or provision will apply actual regulations at all times; the User must be aware that this could lead to the application and accrual of taxes and customs duties on arrival, in accordance with specific regulations at the destiny, and that they could run on his/her part. For further information, users should contact the customs office at destination.

While purchasing, users can choose from the differents following shipping of products

www.funnygolfacademy.com/delivery

The safety of our customers is one of our biggest concerns is why orders are carefully checked before being shipped.

 
7. TECHNICAL MEANS FOR ERROR CORRECTION

It informs the User about any detected error while entering data necessary for order processing on the website; the errors can be modified by contacting Funny Golf Academy through the enabled contact space on the WebSite.

In any case, the user, before clicking "Buy Now" has access to a space, cart or basket the recorded order and the chance to make changes.

Similarly, we? refers the user to consult the Legal Notice and Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as provided in Regulation (EU) 2016/679 the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (RGPD) and the Organic Law 3/2018 people, of 5 December on Personal data Protection and guarantee of digital rights.

 
8. RETURNS

In cases where the User acquires products through the WebSite holder, a series of rights will arise as listed and described below:

Right of Withdrawal

The User, has the right to withdraw from this purchase (according to article 68 LCU).

To exercise this right of withdrawal, the User must notify its decision to Funny Golf Academy. It may, where appropriate, through the spaces enabled contact on the website or by post:

Calle Serrano
Number 1, 4 Floor
28001 Madrid

Email: info@funnygolfacademy.com

The User, regardless of the medium he/she choose to communicate its decision, must express clearly and unequivocally that it intends to withdraw from the purchase. In any case, the User may use the withdrawal form Funny Golf Academy offers as part attached to these conditions; however, its use is not mandatory.

To meet the withdrawal period, simply communicating that unequivocally expresses the decision to withdraw is sent before the expiry of the deadline.

In case of withdrawal, Funny Golf Academy will reimburse the user all payments received, including shipping charges (with the exception of the additional costs chosen by the user for a different mode of delivery to the least expensive modality offered on the WebSite) without undue delay and in any event no later than 14 calendar days from the date on which Funny Golf Academy is informed of the decision to withdraw by the user. 

Funny Golf Academy will reimburse the User using the same payment method you used this to make the initial purchase transaction. This refund will not generate any additional cost to the user. However, Funny Golf Academy could retain such reimbursement until he has received the products or purchase items, or until proof of the return of the same User, depending on what condition is met first.

The customer can return or send products Funny Golf Academy at: 

Avenida de la Constitución
Number 58   P01
02630 La Roda (Albacete)

The user acknowledges that shall bear the direct cost of returning (transport, delivery) of goods, if it falls under any. The User will also be responsible for the diminished value of the products resulting from other than that necessary to establish the nature, characteristics and functioning of the goods handling.

The User acknowledges the existence of exceptions to the right of withdrawal, as stated in article 103 of the Royal Decree 1/2007 of 16 November, approving the revised text of the General Law for the Defense of approved Consumers and Users and other complementary laws. So declarative, not exhaustive, this would be the case: custom products; products that can deteriorate or expire rapidly; CD/DVD music or video without its packaging, as factory sealed; products for hygiene or health are sealed and have been unsealed after delivery.

In this sense governing the provision of a service that the user could hire on this website, as the Act states will not attend the right of withdrawal to users when the service has been fully executed, or when you started with the express consent of the consumer and user and recognition on their part that it is aware that, once the contract has been fully executed by Funny Golf Academy will have lost their right of withdrawal.

In any case, there will be no refund if the product has been used beyond the mere opening thereof, products that are not in the same condition in which they were delivered or have been damaged after delivery.

The User must also return the products using or including all original packaging, instructions and other documents where appropriate accompany them, along with a copy of the purchase invoice.

In the following link you can download the model withdrawal form:

www.funnygolfacademy.com/files/withdrawal_form.docx

Return of defective products or shipping error

If the User finds that, at the time of delivery, the product does not comply with the terms of the contract or purchase order, he/she must contact Funny Golf Academy immediately to inform about the existing nonconformity (defect/error) by the same means or using the contact data provided in (Right of withdrawal) form.

The user will be informed on how to proceed with the return of the products; the products, once returned, will be examined and the User be informed within a reasonable time if reimbursement is applicable or, if necessary, the have to be replaced by new ones.

Refund or replacement of the product is made as soon as possible and in any event within 14 days after the date on which Funny Golf Academy sended an email to the User confirming that appropriate reimbursement or replacement of nonconforming article.

The amount paid for those products that are returned because of a defect, where one exists, will be refunded in full, including delivery charges and the costs they have incurred the user to make the return. Reimbursement will be made by the same payment means that the user used to pay for the purchase.

In any case, it will always be the rights recognized in current legislation at all times for the user, while consumer and user.

Warranty

The user, while consumer and user, is subject to guarantees on products and services that can be purchased through this WebSite, under the terms legally established for each type of product, responding Funny Golf Academy, therefore, for the lack of conformity there of which are apparent within two years from the delivery.

In this sense, it is understood that products are in conformity with the contract provided that: fit the description given by Funny Golf Academy and possess the qualities presented therein; they are fit for the purposes for which products of the same type are used; and present the usual quality and performance of a device of the same type and are basically expected of it. When this is not so on products delivered to the user, it shall proceed as indicated in the return of defective products or shipping error section. However, some of the products sold on the website might have features not always homogeneous due to the type of material they are manufactured from, and thus form part of the individual appearance of the product, and will not be a defect.

Moreover, it could get to be the case that the User acquires on the WebSite of a brand product or production by a third. In this case, considering the User that it is a defective product, he/she also has the ability to contact the brand or manufacturer responsible for the product to find out how to exercise their right to legal guarantee directly in front of them during the two years after delivery of such products. To do this, the user must have retained all the information regarding the product warranty.

 

9. DISCLAIMERS

Unless otherwise provided, Funny Golf Academy will not accept any liability for the following losses, regardless of their origin:

  • Any losses that were not attributable to any breach by the User
  • Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or incurred unnecessary expenses)
  • Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of goods between the two sides formalized.

Similarly, Funny Golf Academy also limits its responsibility for the following cases:

  • Funny Golf Academy applies all actions concerning providing an accurate visualization of the product on the website, however it is not liable for minor deviations or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this kind
  • Funny Golf Academy will act with the utmost diligence in order to make available to the company in charge of transporting the product object of the purchase order. However, it is not liable for damages arising from malfunction of transport, especially for reasons such as strikes, delays on roads, and generally any other industry, arising from delays, loss or theft of the product.
  • technical failures that accidental or other causes, prevent normal operation of the service over the Internet. Unavailability of the WebSite for maintenance or other, to prevent service available. Funny Golf Academy puts all the means at its disposal in order to carry out the buying process, payment and shipping/delivery of products, however disclaims responsibility for reasons not attributable, fortuitous event or force majeure.
  • Funny Golf Academy will not be responsible for any misuse and/or wear products that have been used by the user. At the same time, Funny Golf Academy also will not be liable for any erroneous return made by the user. It is his/her responsibility to return the correct product.
  • Overall, Funny Golf Academy will not be responsible for any failure or delay in fulfilling any of the obligations assumed, when the same to events beyond its reasonable control due, ie it is due to force majeure and this may include, without limitation but not exhaustive:
  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • Inability to use trains, ships, aircraft, motor transport or other means of public or private transport.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.  

Thus, the obligations will be suspended during the period that the force majeure continues, and Funny Golf Academy will have an extension of time to meet them for a period of time equal to the duration of the force majeure. Funny Golf Academy will use all reasonable means to find a solution that allows you to meet its obligations despite the force majeure.

 

10. WRITTEN COMMUNICATIONS AND NOTICES

By using this WebSite, you agree that most of the communications with Funny Golf Academy are electronic (e-mail or posted on the WebSite notices).

For contractual purposes, the user consents to this electronic means of communication and acknowledge that all contracts, notices, information and other communications Funny Golf Academy send electronically comply with legal requirements to be written. This condition does not affect the rights recognized by law to User.

User can send notifications and/or contact Funny Golf Academy through the contact details are provided in these Terms and, where appropriate, through the contact areas of the WebSite.

Similarly, unless otherwise stated, Funny Golf Academy can contact and/or notify the user in your email or postal address provided.

 

11. WAIVER

No waiver of Funny Golf Academy to a right or remedy particular legal or lack of requirement for Funny Golf Academy strict compliance by the User of any of its obligations assumed, or a waiver of other rights or remedies under a contract or the conditions, nor relieve the User's compliance with its obligations.

No waiver of Funny Golf Academy at any of these Terms or the rights or actions arising under a contract shall take effect unless expressly stated to be a waiver and is formalized and is communicated to the user in writing.

 

12. INVALIDATION

If any of these conditions were declared null and void by a final decision issued by a competent authority, the remaining provisions shall remain in force without being affected by the declaration of nullity.

 

13. COMPLETE AGREEMENT

These Terms and any document to which reference is made expressly in these General Conditions of sale, constitute the entire agreement between the user and Funny Golf Academy in relation to the object of sale and supersede any prior agreement, arrangement or earlier promise agreed verbally or in writing by the same parts.

User and Funny Golf Academy 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 explicitly mentioned in these Conditions.

 

14. DATA PROTECTION

Information or personal data that users provide to Funny Golf Academy in the course of a transaction on the WebSite will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, if any, in the Legal Notice and Conditions of Use). By accessing, browsing and/or using the WebSite the user allows the treatment of such information and data and declares that all information or data provided are accurate.

 

15. APPLICABLE LAW AND JURISDICTION

Access, navigation and/or use of this WebSite and the product purchase contracts through it are governed by Spanish law.

Any dispute, problem or dispute arising out of or relating to accessing, browsing and/or use of the WebSite, or the interpretation and enforcement of these Terms, or sales contracts between Funny Golf Academy and the user shall be submitted the non-exclusive jurisdiction of Spanish courts in Madrid.

 

16. CLAIMS AND CLAIMS

The user can reach Funny Golf Academy complaints, complaints or any other comments you wish to make through the contact details are given at the beginning of these Terms (General Information).

In addition, Funny Golf Academy has official complaint forms available to consumers and users, and that they may ask Funny Golf Academy at any time, using the contact details are given at the beginning of these Terms (General Information).

Also, if the conclusion of this purchase contract between Funny Golf Academy and the user emanate a dispute, the user as a consumer may request a court settlement of disputes in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer and Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.

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