Terms and conditions

1. INTRODUCTION

This document (together with all the documents mentioned herein) establishes the conditions governing the use of this website (www.atmgolfstore.com) and the purchase of products on it (hereinafter, the "Terms"), regardless of the application, digital media, media or device through which you can access. Please read carefully these Terms and our Privacy and Cookies Policy (“Privacy and Cookies Policy”) carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Terms and by our Privacy Policy, and Cookies, so if you are not in agreement with all the terms and Conditions and the Privacy and Cookies Policy, you must not use this website. If you have any questions regarding the Terms or the Privacy and Cookies Policy you can contact us through our contact channels.

2. OUR DATA

The sale of goods through this website is performed under the denomination IBAR, SL, with address at c/Isla de Palma, 39, 28703 San Sebastián de los Reyes, Madrid, registered in the Mercantile Registry of Madrid, Volume 31.136 ,Section 8, Folio 111, Sheet M-560365, entry 1 and NIF B86735057 with phone 91 138 87 85 and e-mail info@atmgolf.es

2. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information or personal data you provide to us about yourself will be treated in accordance with what is established in the Privacy and Cookies Policy. By using this website, you consent to the processing of such information and data and declares that all the information or data you provide to us are true and correspond to reality.

3. USE OF OUR WEBSITE

When making use of this web page and placing orders through it, you agree to:

• Make use of this web site only to make legitimate enquiries or orders.
• Make no order is false or fraudulent. If you reasonably could be considered that an order has been made of this nature, we shall be entitled to cancel the order and inform the relevant authorities.
• Providing us with your e-mail address, postal address and/or other contact details truthfully and accurately. Also, you consent that we may use such information to contact you if necessary (see our Privacy Policy). If you do not give us all the information we need, we may not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

4. SERVICE AVAILABILITY

 The items offered through this website are only available for shipment to spain.

5. HOW TO MAKE AN ORDER

To place an order, you must follow the online purchase process and click on "Authorize payment". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Also, we will notify you by e-mail that the product has been dispatched (the "Dispatch Confirmation").

6. TECHNICAL MEANS TO CORRECT ERRORS

In case you detect that an error occurred when entering your personal data during your registration as a user of this web site, you can modify them in the section “My Account”. In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting the customer service via phone 91 138 87 85, as well as exercise the right of rectification contemplated in our Privacy and Cookies Policy via info@atmgolf.es. This website displays confirmation boxes in various sections of the purchase process that do not allow to proceed with the order if the data of these sections have not been supplied correctly. Also, this website offers details of all the items that you have added to your shopping cart during the purchase process, so that, before you make the payment, you can modify the data of your order. If you detect an error in your order after the completion of the payment process, you should contact immediately with our service of attention to the customer, on the phone or at the email address above to correct the error.

7. AVAILABILITY OF PRODUCTS

All orders are subject to product availability. If you encounter difficulties regarding the supply of products or but left in stock items, we will refund any amount you may have paid.

8. DELIVERY

Before completing your order, you must select the type of delivery that best suits your needs.The terms of delivery will be between 24 and 72 hours on working days within the peninsula and between 3 to 5 working days to the Balearic islands. Note that there are circumstances arising out of the personalization of the products, or unforeseen circumstances or extraordinary that can affect the date of delivery. For this reason the date of delivery begins from receipt of the order on our part. If for some reason we cannot meet the delivery date, we will inform you of this circumstance and we will give you the option of continuing with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. Please note, in any case, that we do not make home deliveries on Saturdays or Sundays. For the purposes of the present terms and Conditions, is deemed to have occurred "delivery" or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires the material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.

9. IMPOSSIBILITY OF DELIVERY

If it is impossible for us to effect the delivery of your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. Likewise, we will leave a note explaining where your order is and how to do for that is to be sent again. If you are not going to be in the place of delivery at the agreed time, we ask that you contact us to schedule a delivery for another day. In the event that, within 15 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we understand that you want to cancel the contract and we'll consider it resolved. As a result of the termination of the contract, we will reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery different from the least expensive type of standard delivery offered by us), without undue delay and, in any case, within a maximum of 14 days from the date on which we consider termination of the contract. Please, keep in mind that the transport derived from the resolution may have an additional cost, so that we are authorized to repercutirle the corresponding costs.

10. PRESALE ITEMS

In the case of a purchase of pre-order items, these will be delivered to the address selected by you at the time indicated in our website. Keep in mind that some of these items are subject to time limits most extensive of delivery, that will be shown in the web page and, in any case, will be delivered within a maximum of 30 days from the date of the Order Confirmation. In the case of mixed orders composed of products corresponding to the purchase process and habitual to products on pre-sale (“Mixed Orders”), the articles have been commissioned by you in the same order, but may be delivered separately and at different time limits. Once the products for sale have been prepared, we will contact you to let you know that they are being dispatched (“Dispatch Confirmation”). You have the right to withdraw from the contract within 14 calendar days without justification. In the case of Mixed Orders, the withdrawal period shall expire on the 14 natural days of the day you or a third party by you indicated, other than the carrier, acquired the material possession of the last goods. The above is without prejudice of the right of withdrawal for 30 days that he / she is contractually counted from the Shipping Confirmation email that you will receive for each one of the goods to be delivered separately in the case of Mixed Orders. If you make a purchase of a product in pre-sale, will be equally apply to all of the provisions contained in these terms and Conditions.

11. TRANSFER OF RISK AND PROPERTY

The risks of the products will be your responsibility from the time of delivery. You will acquire ownership of the products when we receive full payment of all sums due in respect thereof, including the cost of shipping, or at the time of delivery (as defined in clause 9, above), if this takes place at a later time.

12. PRICE AND PAYMENT

The prices on the website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Purchasing Guide – Shipping. The prices may change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. Once you have selected all the items you want to buy, these will be added to your shopping basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, completing or verifying the information in each step you are prompted. In addition, during the purchase process, before payment, you can modify the data of your order. In addition, if you are a registered user, you have a detail of all the orders placed on the section My Account. Can be used as a means of payment Visa, Mastercard or bank transfer. When you click "Authorise Payment" you are confirming that the credit card is yours. To minimize the risk of unauthorized access, we encoded the data of your credit card. Credit cards will be subject to checks and authorizations by the issuing entity, but if the entity does not authorise the payment, we will not be liable for any delay or non-delivery and we will not be able to form a contract with you.

13. VALUE-ADDED TAX AND BILLING

In accordance with the provisions of article 68 of the Law 37/1992, of 28 December, the Value Added Tax, delivery of the items shall be deemed located in the territory of application of the Spanish VAT if the address of delivery is in Spanish territory, except the Canary islands, Ceuta and Melilla. The applicable rate will be the legally valid in each time depending on the particular item in question. In the orders with destination to the Canary islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of taxes and tariffs in accordance with the regulations in force in each of these territories. You expressly authorize us to issue the invoice in electronic format, although you may instruct us at any time, your will receive an invoice in paper form, in which case, we will issue and send you the invoice in that format.

14. RETURNS POLICY

14.1 the legal Right to withdraw the purchase, the Right of withdrawal. If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without justification. The withdrawal period will expire at 14 calendar days from the day you or a third party by you indicated, other than the carrier, acquired the material possession of the goods or in case the goods that make up your order are delivered separately, at 14 calendar days from the day you or a third party by you indicated, other than the carrier, acquired the material possession of the last of those goods. To exercise the right of withdrawal, should you notify us to IBAR SL, to the address, C/Isla de Palma, 39, San Sebastián de los Reyes, 28703, Madrid (spain), email info@atmgolf.es or phone number 91 138 87 85, his decision to withdraw from the contract through an unequivocal statement (e.g. a letter sent by post or email). You may use the model withdrawal form set out in the Annex to the present Conditions, although their use is not mandatory. To meet the withdrawal deadline, just that the communication concerning the exercise for its part this right is sent before the expiration of the corresponding period. Consequences of withdrawal In case of withdrawal on your part, we will reimburse all payments received from you, including the costs of delivery to the delivery address initial (with the exception of the supplementary costs resulting from your choice of a type of delivery different from the least expensive type of standard delivery offered by us), without undue delay and, in any event, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. You will not incur any fees as a result of the reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back, or until you have submitted proof of the return of the same, depending on which condition is met first. You must apply on our website the refund via a messenger/courier, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. Shall be deemed fulfilled the term if it carries out the return of goods before the end of that period. You will bear the direct cost of returning the goods. Only you will be responsible for the diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.14.2 contractual Right of withdrawal and the right of withdrawal is legally recognized to consumers and users and is mentioned in the previous clause, we grant you a period of 30 days from the Delivery Confirmation for returns of products. In case of return the goods within the contractual term of the right of withdrawal, but after the legal deadline, we will only refund the price paid for such products. You will bear the direct cost of returning the product. You will be able to exercise their right of withdrawal in accordance with the arrangements set out in the clause above, although if you provide us your intention to withdraw from the contract after the statutory period of withdrawal, you must in any case give us the goods within a period of 30 days from the Shipping Confirmation.14.3 Provisions comunesNo you will have the right to withdraw from the contract whose object is the supply of any of the following products:- custom Items.- Items without the original packaging.- Assets under seal for reasons of health or hygiene that have been unsealed after delivery. Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received it. No refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same condition in which they were delivered or that have suffered any damage, so you must be careful with the/the product/s while they are in your possession. Please return the item using or including all their original packaging, instructions and other documents which in his case to join him. You can make returns via a courier/Courier service we will send to your home. You should get in touch with us through our return request so that we can arrange collection on your home. You must deliver the goods in the same package received by following the instructions in the section “REFUNDS” on this web page. In case you do not want to return the products through some of the free options available, you will be responsible for the costs of the return. Please, keep in mind that if you decide to return the goods to us freight collect, we are authorized to charge you the expenses that we may incur. After examining the article we will notify you if you have the right to the reimbursement of the amounts paid. The reimbursement of expenses for transportation only be made when the right of withdrawal is exercised within the statutory period and returning all of the items that make up the order in question. The refund will be made as soon as possible and, in any case within a period of 14 days from the date on which you communicated your intention to cancel. However, we may withhold reimbursement until we have received the goods and after check the perfect condition of the product and its original packaging. The refund will always be in the same means of payment as you used for the purchase. You will bear the cost and risk of return the goods to us, as indicated above. If you have any questions, you can contact us through our contact channels. Note that, having produced the delivery of the order, in case of exercising the legal or contractual right of withdrawal, when you are the one who arranges the transport of the same, without that, therefore, such a service has been offered by us, we will not be able to assume the risk on the return package when it relates to causes not attributable to IBAR S. L.. Also, remember that you will be responsible for the contents of the return package when you use any of the repayment options offered by IBAR S. L.. In the event that there is an error in the contents of the return package will not attributable to IBAR SL, we are entitled to repercutirle the corresponding costs in case of be possible to manage the return of the parcel to your attention. Are in any case except for the rights and actions recognised by current legislation.14.4 Returns in the Canary islands, Ceuta and MelillaSi you want to change or to return a product that has been delivered in the Canary islands, Ceuta or Melilla, shall get in touch with us to arrange collection of the product by a messenger.

15. RESPONSIBILITY AND EXCLUSION OF LIABILITY

Unless otherwise expressly provided in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the purchase price of such product. However, and unless a legal provision to the contrary, we will not accept any liability for the following losses, regardless of their origin: (i) loss of income or sales: (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; and (vi) loss of management time or office hours. Due to the open nature of this web page and the possibility of error is in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless it is expressly stated otherwise the same.

16. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other rights of industrial and intellectual property over the materials or content provided as part of the web page, we are entitled at all times to us or to those who grant us the license for their use. You will be able to make use of such material only in the form in which it is expressly authorized by us or to those who grant us the license for their use. This does not prevent you using this website to the extent necessary to copy the information on your order or Contact data.

17. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not make undue use of this website by knowingly introducing in the same virus, trojans, worms, logic bombs or any other program or material that is technologically damaging or harmful. You will not try to have unauthorized access to this website, the server in which said page is hosted or to any server, computer or database related to our website. You agree not to attack this website via a denial of service attack or an attack of distributed denial of service. The violation of this clause may result in the commission of infractions typified by the applicable regulations. We will report any breach of this regulation to the competent authorities and we will cooperate with them to discover the identity of the attacker. Also, in case of a breach of this clause, shall immediately cease to be authorized to use the website. We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other program or material that is technologically damaging or harmful, which may affect your computer, computer equipment, data or materials as a result of the use of this website or of the download of contents of the same or those that it redirects.

18. LINKS FROM OUR WEBSITE

In the event that our website contains links to other web pages and third-party materials, these links are provided for informational purposes only, without us having any control over the contents of such web pages or materials. Therefore, we do not accept any responsibility for any loss or damage arising out of their use.

19. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. By using this website, you agree that the most part of these communications with us will be mainly electronic. We will get in touch with you by email or provide you with information by posting notices on this web page. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we send to you electronically meet the legal requirements of being written. This condition does not affect your statutory rights.

20. NOTIFICATIONS

The notifications that you send us must be sent through the telephone or through e-mail. Pursuant to the provisions of the preceding clause, and unless otherwise stipulated, we may send you notices by e-mail or to the postal address provided by you at the time of placing an order. It is understood that the notifications have been received and properly served 24 hours after being sent an e-mail, or three days after the date of posting of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that I had the correct address, was properly sealed and that it was duly delivered to the post office or a mailbox, and, in the case of an email, which was sent to the specified e-mail address for the recipient.

21. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract is binding both to you and to us, as well as for our respective successors, assigns and successors in interest. You may not transfer, assign, encumber, or in any other way transfer a contract or any rights or obligations arising under the same, without having first obtained our prior written consent. We may transfer, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you, as a consumer, you have a recognized by law, or cancel, reduce or limit in any other way the guarantees, both express and implied, that have been provided.

22. EVENTS OUTSIDE OUR CONTROL

We will not be responsible for any failure to perform, or delay in performance of, any of the obligations, when the same is due to events that are outside our reasonable control ("Force Majeure event"). The Causes of Force Majeure shall include any act, event, non-happening, omission or accident that is beyond our reasonable control and, among others, the following: a. Strikes, lock-outs or other industrial action. b. Civil commotion, riot, invasion, threat or terrorist attack, war (whether declared or not) or threat or preparation for war. c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. e. Impossibility of the use of public or private telecommunications networks. f. The acts, decrees, legislation, regulations or restrictions of any government or public authority. It is understood that the obligations will be suspended for the period that the Force Majeure event continues, and we will have an extension of time for complying with such obligations for a period of time equal to the duration of the Force Majeure. We will use all reasonable means to end the Force Majeure or to find a solution that will allow us to meet our obligations despite the Force Majeure event.

23. DISCLAIMER

The lack of requirement on our part to strict compliance on your part of any of the obligations assumed by you under a contract or these Conditions or the lack of exercise by us of any other rights or remedies we may be entitled in virtue of the said contract or of the Terms shall not constitute a waiver or limitation in connection with such rights or remedies shall not relieve you from compliance with such obligations. No waiver by us of a right or action constitute a waiver of other rights or actions derived from a contract or the Terms. No waiver by us of any of these Terms or the rights or actions derived from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and is communicated to you in writing in accordance with the provisions of the paragraph on Notices above.

24. PARTIAL INVALIDITY

 If any of these Terms or any provision of the contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions will remain in force, without be affected by such declaration of invalidity.

25. ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the entire agreement between you and us relating to the subject matter thereof and are in lieu of any other covenant, agreement, or promise previously agreed between you and us, whether oral or in writing. You and we recognize you have consented to the conclusion of a contract without having relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between the two before it, except that which is expressly mentioned in these Conditions. Neither you nor us shall have any action against any untrue statement made by the other party, verbally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the only action available to the other party shall be for breach of contract in accordance with the provisions of these terms and Conditions.

26. OUR RIGHT TO VARY THESE TERMS

We reserve the right to modify the Terms and Conditions. The modifications introduced will not be retroactive. If You do not agree with the changes introduced, we recommend not to make use of our website.

27. APPLICABLE LAW YJURISDICCIÓN

The use of our website and the contracts for the purchase of products through such website will be governed by Spanish legislation. Any dispute arising out of or related to the use of the website or to such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause shall affect the rights that, as such, is recognized by the legislation in force.

28. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions will be well received. Please send such comments, suggestions and queries through our contact channels or to the postal address indicated in the present Conditions. In addition, we have an official complaint to the disposal of consumers and users. You can apply through our contact channels. You can also send their complaints through our contact channels, which will be handled by our customer service in the shortest time possible and, in any case, within the legally established. Also, they will be registered with a key id that will be in your knowledge and will enable you to keep track of them. If you as a consumer considers that your rights have been violated, you may address their complaints via our e-mail address in order to apply for a court settlement of disputes. In this sense, if the acquisition between you and us have been held on-line through our web site, in accordance with the Regulation No. 524/2013 of the EU, we inform you that you have the right to ask us for an extrajudicial dispute resolution in consumer accessible through the Internet address of http://ec.europa.eu/consumers/odr/.

29. CONTACT

Please note that the e-mail info@atmgolf.es is enabled to allow easy and direct access to the identification data of IBAR SL, SL as a society seller of the goods, as well as with the purpose of you be able to file complaints or claims as appropriate. To send comments, suggestions, questions or any other issue other than the above, you will be able to access our contact channels as usual. For more information, please see the “Contact” section of the web page.