MAISON / CONDITIONS D'UTILISATION

Conditions d'utilisation

Conditions générales d'achat

 

FUTBOLTEK TECHNOLOGY FOR TRAINING SL, complies with the requirements established in Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, and to this end has created the following legal notice.

 

Any person accessing this website (www.voonsports.com) and all its variations, assumes and undertakes to strictly observe and comply with the provisions set forth herein, as well as any other legal provisions that may be applicable. Browsing this website implies full understanding and express acceptance of these conditions by the user, and any modifications that may be made to them.

 

The provider reserves the right to make any modifications it deems appropriate to this website without prior notice, and may change, delete or add the contents and services provided, as well as the way in which they are presented or located. Given that these conditions may undergo modifications, we recommend that you consult them each time you access this website.

 

GENERAL CONDITIONS OF USE AND CONTRACTING

 

These General Conditions of Use and Contracting (hereinafter, "the General Conditions") govern the access and use of the website accessible through the domain name www.voonsports.com and its subdomains (hereinafter, "the Website"), as well as the contracting of products and/or services through it. Simple access to the Website confers the status of User of the Website (hereinafter, "the User") and implies acceptance of all the terms included in these General Conditions. If the User does not agree with these General Terms and Conditions, he/she must immediately leave the Website without using it.

 

By accepting these Terms and Conditions, the User declares:

  1. That he/she has read, understands and comprehends what is set out herein.
  2. That, in the event that he/she intends to contract any product and/or service, he/she has sufficient capacity to do so.
  3. That he/she assumes all the obligations set forth herein.
     

GENERAL INFORMATION ABOUT THE WEBSITE

 

In compliance with the provisions of Article 10 of Law 34/2002, of 11 July, on information society services and electronic commerce, the general information on the Website is provided below:

 

Owner: FUTBOLTEK TECHNOLOGY FOR TRAINING, S.L. (hereinafter referred to by its trade name, "VOON SPORTS").

 

Headquarters and place of business: Gurutzegi Kalea, Nº12, Office Nº 5, 20018 Donostia-San Sebastian, Gipuzkoa.

 

TAX IDENTIFICATION NUMBER: ESB75124354

 

E-mail: info@voonsports.com

 

ACCESS TO THE WEBSITE

Simple access to the Website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.

 

RULES FOR USE OF THE WEBSITE

The User undertakes to use the Website and all its content and services in accordance with the provisions of the law, morality, public order and these General Conditions, not using them to carry out illicit or criminal activities that infringe the rights of third parties and/or violate any rules of the applicable legal system. The User undertakes to:

 

  • Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violates human rights.
  • Not to introduce or disseminate on the network data programmes (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.
  • Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognised constitutionally and in international treaties.
  • Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
  • Not to transmit unsolicited or unauthorised advertising, advertising material, "junk mail", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
  • Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.
  • Not to impersonate other Users by using their name or nickname or their passwords to access the different services and/or contents of the Website.
  • Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Website or third parties.
  • Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation. The User undertakes to indemnify VOON SPORTS against any possible claim, fine, penalty or sanction that VOON SPORTS may be obliged to bear as a consequence of the User's failure to comply with any of the rules of use indicated above, and VOON SPORTS also reserves the right to request the corresponding compensation for damages.
     

CONTENT AND SERVICES LINKED THROUGH THE WEBSITE

 

The Website may contain technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter "Linked Sites"). In these cases, VOON SPORTS will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of their unlawfulness and has not deactivated the link to them with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify VOON SPORTS, without this notification in any case entailing any obligation for VOON SPORTS to remove the corresponding link.

 

Under no circumstances should the existence of Linked Sites presuppose the formalisation of agreements between VOON SPORTS and those responsible for or owners of the same, nor the recommendation or promotion of the Linked Sites and/or their contents by VOON SPORTS.

 

Unless expressly stated otherwise on the Website, VOON SPORTS has no knowledge of the content and services of the Linked Sites and, therefore, is not responsible for any damage that their unlawfulness, quality, outdatedness, unavailability, error or uselessness may cause to the User or any third party.

 

INTELLECTUAL AND INDUSTRIAL PROPERTY

 

All the contents of the Website, including but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of VOON SPORTS or third parties, and none of the exploitation rights recognised by current intellectual property legislation on the same may be understood to have been ceded to the User.

The trademarks, trade names or distinctive signs published on the Website are the property of VOON SPORTS or third parties, and no rights over them may be understood to have been assigned to the User.

 

TERMS AND CONDITIONS

 

MAIN CHARACTERISTICS OF THE GOODS AND SERVICES

 

The main characteristics of the goods and services offered through the Website can be consulted in the descriptive file with which they are presented.

 

PURCHASE AND CONTRACTING PROCEDURE

 

The languages in which the User may formalise the contract are: Spanish and English.

 

The procedure for purchasing products and/or contracting services through the Website is as follows:

 

  • From the file of the desired product, the User may click on the button labelled "buy" or on the button provided to request a trial of the product (when this option is available). After clicking on any of these buttons, the product will be added to the "shopping cart" located at the top right-hand side of the Website. The User can add as many products as he/she wishes to the "shopping cart". The option of requesting a roller test may not be available in all countries, or may present variations on the terms described in these General Conditions, which, in any case, will be clearly defined in the product description sheet itself.
  • To continue with the purchase, the User must click on the "shopping cart" located at the top right-hand side of the Website, accessing the list of all the products selected. 
  • To continue shopping, at this point the User will be able to (i)remove products from the list remove products from the list; (ii) select the quantity of each product desired; (iii) view the price/unit of each product selected and the total price of the order. If he/she wishes to continue with the purchase process of the selected products, he/she must click on the button labeled "checkout" and with this action is accepting these General Terms and Conditions. At this point the User can make a comment.
  • In the event that the purchased product is to be physically delivered to the User, the User must enter the delivery and personal details. All data entered by the User must be accurate, current and truthful. In addition, the User must expressly accept these General Terms and Conditions and the Website's Privacy and Cookies Policy; 
    If the billing details are different from the shipping details, or if no shipping details need to be entered, the User must enter the billing details at this point.
     

To continue with the order, the User must click on the button labelled "Pay Now".

  • The User will be automatically redirected to an external virtual POS, where he/she must enter his/her bank card details and click on the button labelled "accept" to complete the purchase.
  • The User will receive, at the e-mail address designated in the registration form, an e-mail confirming the successful completion of the purchase process.
     

VOON SPORTS will keep electronic proof of the purchase made by the User, which will not be available to the User.

 

CORRECTION AND IDENTIFICATION OF DATA ENTRY ERRORS

 

If the User forgets to fill in any information marked with an asterisk as compulsory, he/she will not be able to progress in the contracting or validation process until this information has been filled in. A message on the screen will warn the User of this circumstance.

 

As stated in the description of the purchase procedure contained in section 6.2 of these General Conditions, the User may review and modify the details of the order before finalising it.

 

DELIVERY OF ORDERS

 

The delivery period will start to run from the day following the day on which the contract is concluded and will vary in duration.

 

VOON SPORTS will not assume any responsibility when the delivery of the product or service does not take place as a result of the inaccuracy or falsity of the data provided by the User for this purpose, as well as in the event that the delivery cannot take place due to the absence of the addressee. In such a case, the User may choose between paying the transport costs of a new shipment or picking up the order personally at the VOON SPORTS address.

 

In the event that the contract cannot be fulfilled due to unavailability of the contracted product, VOON SPORTS will inform the User of this unavailability and recover without undue delay any sums paid under the contract.

 

PRICE AND SHIPPING COSTS

 

The prices indicated for each product include, unless expressly stated otherwise, Value Added Tax (VAT). The prices and currencies displayed to the User will vary according to the geographical location of the User, which will be automatically determined according to the IP from which the User accesses the Website (UK: Pound Sterling; rest of the European Economic Area and South Africa: Euro; rest of the world: US Dollars). These prices, unless expressly stated otherwise, do not include shipping costs, shipping insurance or any other additional services and attachments to the product or service purchased.

 

ACCEPTED MEANS OF PAYMENT

 

VOON SPORTS accepts the following credit or debit cards as means of payment: Visa or Visa Electron, Mastercard, American Express y Union Pay...

 

Online payment by credit or debit card is made through a security system that encrypts the User's bank details when they are transmitted over the Internet.

 

We will also allow payment with Google Pay, Apple Pay, Shop Pay, Paypal and Klarna (euro zone).

 

SENDING OF INVOICES

 

The User acknowledges and agrees that VOON SPORTS will only send invoices to the email address provided during the registration process. However, the User may at any time request that the invoices be sent to him/her in paper form by sending his/her request to orders@voonsports.com

 

RIGHT OF WITHDRAWAL

 

PERIOD FOR EXERCISING THIS RIGHT

 

The User has the right to withdraw from the contract concluded via the Website within 14 days (if the trial period indicated on the product sheet for the roller purchased as a free trial is longer, this period shall be used to exercise the right of withdrawal) without giving any reason.

 

In the case of a contract of sale, the withdrawal period shall expire after 14 calendar days (If the trial period indicated on the product sheet for the roller purchased on a free trial basis is longer, the latter shall be used to exercise the right of withdrawal) from the day on which the User or a third party indicated by the User, other than the carrier, has acquired material possession of the goods.

 

In the case of a contract for the delivery of multiple goods ordered by the User in the same order and delivered separately, the withdrawal period shall expire after 14 calendar days (If the trial period indicated on the product sheet for the roller purchased on a free trial basis is longer, the latter shall be used to exercise the right of withdrawal) from the day on which the User or a third party indicated by the User, other than the carrier, has acquired the material possession of the last of these goods.

 

In case of delivery of a good composed of multiple components or parts, the withdrawal period will expire 14 calendar days after the day on which the User or a third party indicated by the User, other than the carrier, has acquired material possession of the last component or part.

 

To exercise the right of withdrawal, the User must notify VOON SPORTS of his decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

 

In order to comply with the withdrawal period, it is sufficient that the communication concerning the User's exercise of this right is sent before the expiry of the withdrawal period.

 

CONSEQUENCES OF WITHDRAWAL

 

In the event of withdrawal, VOON SPORTS will refund all payments received from the User, including delivery costs (with the exception of additional costs resulting from the User's choice of a delivery method other than the least expensive standard delivery method offered by us and duties or taxes).

 

The User must return or deliver the goods directly to VOON SPORTS, without undue delay and in any event not later than 14 calendar days from the date on which he/she communicates his/her decision to withdraw from the contract to us. The deadline shall be deemed to have been met if the User returns the goods before this period has expired. The User shall bear the direct cost of returning the goods, unless otherwise specified on the product sheet of the specific product purchased.

 

As long as, no later than 14 calendar days from the date on VOON SPORTS has received the product. VOON SPORTS will proceed to make such reimbursement using the same means of payment used by the User for the initial transaction, unless the User has expressly provided otherwise; in any case, the User will not incur any costs as a result of the reimbursement. VOON SPORTS may withhold reimbursement until it has received the goods:

 

The User shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

Based on the above paragraph, the goods must be returned undamaged and with all their components, INCLUDING THE ORIGINAL PACKAGING FOR THEIR CORRECT TRANSPORT.

 

ASSUMPTION OF NON-APPLICATION OF THE RIGHT OF WITHDRAWAL

 

In accordance with the provisions of Article 103.m) of Royal Legislative 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 User may not withdraw from the contract for the supply of digital content not provided on a material medium, when the performance has begun with the prior express consent of the User with the knowledge on his part that he consequently loses his right of withdrawal.

 

COMPLAINTS, CLAIMS AND REQUESTS FOR INFORMATION

 

The User may address any complaints, claims or requests for information to the VOON SPORTS Customer Service Department, using any of the following methods:

 

- By sending a letter to the VOON SPORTS Customer Service Department

 

Calle Gurutzegi 12 , 20018 San Sebastián ( Basque Country), Spain.

 

- By sending an email to the address info@voonsports.com

 

VOON SPORTS will respond to the complaints received as soon as possible and in any case within a maximum period of one month from the submission of the complaint.

 

VOON SPORTS will provide the User with an identification code and written proof of the complaint or claim, by e-mail, so that the User has a record of the complaint or claim.

 

VOON SPORTS has complaint forms available for the VOON SPORTS Customer Service Department.

 

LEGAL GUARANTEE OF CONFORMITY FOR PRODUCTS

 

The User is reminded that, in accordance with the provisions of articles 114 and following of Royal Legislative 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, all products delivered by VOON SPORTS must be in conformity with the contract concluded, and VOON SPORTS will be liable to the User for any lack of conformity that becomes apparent within a period of two years from the delivery of the product.

 

The lack of conformity resulting from incorrect installation of the product is equivalent to the lack of conformity of the product when the defective installation was carried out by the User due to an error in the installation instructions.

 

The scope and form of execution of the rights conferred on the User by this legal guarantee can be consulted in articles 114 and following of Royal Legislative 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.

 

DISCLAIMER OF LIABILITY

 

The User acknowledges and accepts that VOON SPORTS equipment requires an Internet and bluetooth connection in order to function correctly and provide all the functionalities described on the Website.

 

The User acknowledges that he/she is in full health and physical condition to exercise with VOON SPORTS equipment and assumes all responsibility for this exercise, exonerating VOON SPORTS from any liability. The User is solely responsible for his or her choice of sports training and for the physical and psychological consequences that may result from it. The User must use VOON SPORTS products prudently and responsibly, and must immediately stop using them if he/she notices any discomfort, pain or discomfort, after which he/she should consult a medical professional as soon as possible.

 

VOON SPORTS shall not be liable for any failure to comply with its obligations to the User when such failure is due to unforeseeable circumstances or force majeure. Fortuitous event or force majeure shall mean any event that is beyond the control of VOON SPORTS, foreseeable or unforeseeable but unavoidable and insurmountable in itself or in its consequences, which prevents VOON SPORTS from fulfilling any of its contractual obligations and which is not the result of its fault or negligence, provided that VOON SPORTS has not contributed to the occurrence of the event.

 

NULLITY AND INEFFECTIVENESS OF CLAUSES

 

If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect that provision or that part of it that is null and void or ineffective, and these General Conditions shall remain in force in all other respects, and such provision shall be considered totally or partially as not included.

 

APPLICABLE LAW

 

These General Terms and Conditions shall be governed by and construed in accordance with Spanish law.

 

COMPETENT JURISDICTION

 

In the event of any dispute between VOON SPORTS and the User, both parties shall submit to the spanish courts and tribunals.

 

PREVALENCE OF THE ENGLISH LANGUAGE VERSION

 

In the event of any discrepancy between the English language version of these Terms and Conditions and any version of the same in another language, the provisions of the English language version shall prevail.

 

USE OF THE APPS

 

By downloading or using the app, you automatically agree to these terms. Please be sure to read them carefully before using the App. You should be aware that you are not authorised to send it to anyone else or to copy or modify the App, or any part of it, or our trademarks in any way. You must not attempt to extract the source code of the App, translate the App into other languages or create derivative versions. The App and all related trademarks, copyrights, database rights and other intellectual property rights remain the property of VOON SPORTS.

 

Please note that if you use the App outside of a Wi-Fi hotspot, the terms of your contract with your mobile network service provider will apply. Accordingly, the mobile service provider may apply charges for data consumed while connected when accessing the app, as well as other third party charges. If you use the App, you accept responsibility for such charges, including roaming data charges if you use the App outside your home territory (your region or country) without turning off data roaming. If you are not the person responsible for paying the charges on the device on which you use the App, we will assume that you have received your permission to use the App.

 

Pre-sale terms and conditions

These Pre-sale Terms and Conditions govern the conduct of pre-sales with Voon Sports for our Voon Sports products. Please read these Terms carefully before placing your pre-order. By submitting your pre-order, you agree to be legally bound by these Terms.

 

a. Payment. You will be charged a partial payment ("Partial Payment") at the time of booking for products exceeding 300 Euros in value. Below that value the entire order will be paid in full. Voon Sports reserves the right to update the amount of the required Partial Payment as it sees fit, but not retroactively, in which case the updated Partial Payment amount will be displayed on the Website.

 

b. Cancellation. Placing a pre-order constitutes your express agreement to purchase the Product when it becomes available. However, you or Voon Sports may cancel this reservation by cancelling the pre-order at any time, for any or no reason, before we notify you that your Product is being prepared for shipment. In the event of a Cancellation, a full refund of the Partial Payment amount will be issued to you within 14 working days of notification of the Cancellation.

 

c. Delivery. Once available, Voon Sports will contact you via the information provided (Email) to complete the purchase. Voon Sports will ship the Product upon completion of payment. If no response or payment is received from you within fourteen (14) days of sending the email, Voon Sports will automatically cancel your pre-order and proceed to refund as described in b) above. Once received, your Product will be subject to our Refund and Guarantee policy.

 

d. Delivery Time. Voon Sports will communicate an estimated delivery time through its website and ongoing communications. While we will endeavour to start delivering the Products on time, you understand and accept that delays may occur. An estimated delivery time is only an estimate and is subject to change. Voon Sports does not represent or warrant that it will be able to ship the Product within the estimated delivery time. Accordingly, in the event of a delay and failure to meet the estimated delivery time for the Product, Voon Sports shall not be liable for any damages to you due to such delay, nor shall Voon Sports be obligated, except as provided in these Terms, to provide discounts, refunds or credits due to such delays. Voon Sports will provide you with periodic updates regarding such delivery estimate.

 

e. Limitation of Liability. Under no circumstances shall Voon Sports be liable for any incidental, special or consequential damages arising out of or related to this Agreement. In the event Voon Sports is liable for any damages arising out of this Agreement, your sole and exclusive remedy shall be a full refund of your Partial Payment without interest.

 

f. Changes to Terms. Voon Sports reserves the right to modify any of the Terms for any reason. We will notify you of any material changes by email and, if you are not satisfied with such changes, your sole and exclusive remedy is to cancel your reservation as described in Section b) above.


g. Customer Information. Voon Sports will use any information we may collect about you only in accordance with our privacy policy. When pre-ordering, you will be asked to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate and you will ensure that it is kept up-to-date. Voon Sports shall not be responsible for any information that is inaccurate or subsequently becomes obsolete, and shall have no obligation to make any effort to determine correct contact or shipping information. You may update your information at any time before your product is shipped by sending an email to orders@voonsports.com

 

h. Overbooking. You acknowledge and agree that Voon Sports may reject or delay bookings to avoid overbooking or where it deems appropriate, provided that we will endeavour to inform you within fourteen (14) working days of receipt of your advance order. and that you will be entitled to a full refund of the Partial Payment.

 

i. Other Provisions. These Terms constitute the entire agreement between the parties with respect to advance orders and supersede all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and construed in accordance with the laws of Spain. Jurisdiction for any action relating to the subject matter or performance of this Agreement shall be Spain, the place where this Agreement was entered into and shall be performed. You may not assign this Agreement or any of the rights granted to you hereunder.

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