GENERAL TERMS AND CONDITIONS OF SALE

https://deportesucha.es

1. GENERAL INFORMATION

The ownership of this website https://deportesucha.es, (hereinafter Website) is held by: María Carmen Pérez González, with NIF: 34595305Q, and whose contact details are:

Address: Curros Enriquez, 30

Contact telephone: 988 27 03 81

Contact email: tienda@deportesucha.es

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (https://deportesucha.es) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions it is understood that the activity that Deportes Ucha develops through the Web Site includes:

Sale of clothing, footwear and fashion products.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of Deportes Ucha. By using this Web Site or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of the above, you should not use this Web Site.

We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.

For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, the User accepts all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility extends to:

To make use of this Website only to make enquiries and legally valid purchases or acquisitions.

Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.

To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The Web Site is aimed primarily at Users residing in Spain. Ucha Sports does not ensure that the Web Site complies with the laws of other countries, either in whole or in part. Ucha Sports disclaims any liability that may arise from such access, nor does it ensure shipments or provision of services outside Spain.

The User may formalize, at its option, with Sports Ucha the contract of sale of products and / or services desired in any of the languages in which these Conditions are available on this Web Site.

3. PURCHASE OR ACQUISITION PROCESS

Users duly registered can buy on the Web Site by the means and forms established. They must follow the online purchase and/or acquisition procedure of https://deportesucha.es, during which various products and/or services can be selected and added to the shopping cart, basket or final purchase space and, finally, click on: "Buy".

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that Deportes Ucha has received your order or request for purchase and / or provision of service, ie, order confirmation. And, where appropriate, you will also be informed by email when your purchase is being sent. Where appropriate, this information may also be made available to the User via his or her personal connection space on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail and, where appropriate, via his or her personal connection space on the Website. Also, the User may, if desired, obtain a copy of your bill on paper, requesting it to Ucha Sports using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, certain special conditions of sale concerning the product and / or service in question and shown next to the presentation or, where appropriate, image of it on your page of the Website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

Unless expressly stated otherwise, Sports Ucha is not the manufacturer of the products sold or that could be marketed on the Web Site. While Ucha Sports makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and / or materials and / or components of the products may contain additional or different information than that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labelling, warnings and / or instructions accompanying the product.

The User knows that Ucha Sports shows you for your interest a number of services that the owner does not provide to users directly, but will be contracted and provided by a third party other than Ucha Sports.

4. AVAILABILITY

All purchase orders received by Ucha Sports through the Web Site are subject to the availability of products and / or that no circumstance or force majeure (clause nine of these Conditions) affect the supply of the same and / or the provision of services. If difficulties arise in the supply of products or there are no products in stock, Ucha Sports undertakes to contact the User and refund any amount that may have been paid as an amount. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, Sports Ucha performs delivery services and / or shipping through: Post.

In any case the Web Site will add additional costs to the price of a product or service automatically, but only those that the user has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted means of payment will be: Credit or debit card, PayPal, Bank Transfer, and Cash on Delivery.

Sports Ucha uses all means to ensure the confidentiality and security of payment details transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorisations by the issuing bank, if such entity does not authorise payment, Ucha Sports will not be responsible for any delay or non-delivery and may not enter into any contract with the User.

Once Ucha Sports receives the purchase order from the User through the Web Site, a pre-authorization will be made in the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent confirmation of shipment and / or confirmation of the service provided in the manner and, where appropriate, place established.

If the means of payment is PayPal, the charge will be made at the time that Sports Ucha send a confirmation of the purchase order or purchase of products and / or services to the User.

In any case, by clicking "Buy" the User confirms that the payment method used is yours.

Purchase orders or acquisition in which the User selects as a means of payment by bank transfer will be reserved for 5 calendar days from the order confirmation in order to leave enough time for the bank transfer to be taken into account by the payment system used by Deportes Ucha for the Web Site. When the system receives the transfer, the order will be prepared and managed for shipping.

By this method of payment, the User must ensure that correctly enter the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, Deportes Ucha will not be able to validate the order, which will be cancelled.

For payment on delivery, the User must select "Cash on Delivery" among the payment methods on the Website and continue to Checkout to pass the purchase order. From that moment, Sports Ucha reserves the right to contact the User in order to validate the purchase order with him. After this, the order will be prepared and made available for the management of its shipment.

Payment will be made at the time of delivery of the order by the carrier's delivery person. Payment shall be made in cash only. The User undertakes to deliver the exact amount of the order to the carrier's delivery person, who will not be able to provide any change.

For the refund of the amount on orders paid by cash on delivery, Sports Ucha reserves the right to 14 calendar days after requested the return through the Website and having been returned the package to the carrier. At the time of making the return, the User must indicate your bank details to receive the transfer for the requested refund of the amount of the returned order. The refund of the amount of orders paid by cash on delivery will be made only by transfer.

Ucha Sports reserves the right to suspend the payment by cash on delivery to those Users who have not met the necessary requirements in past orders.

6. DELIVERY

In cases where it is appropriate to make the physical delivery of the contracted good, deliveries will be made within the scope of the following territory: Spain (Peninsula and Balearic Islands), European Union.

With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation 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 the order confirmation.

If for any reason, which was attributable to him, Sports Ucha could not meet the delivery date, contact the user to inform him of this circumstance and he may choose to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.

If the User is not going to be at the place of delivery in the agreed time slot, you should contact Ucha Sports to arrange delivery another day.

In the event that 30 days elapse since your order is available for delivery, and has not been delivered for reasons not attributable to Ucha Sports, Ucha Sports will understand that the User wishes to withdraw from the contract and this will be considered terminated. As a result of the termination of the contract, all payments received from the User will be refunded, except for the additional costs resulting from the User's own choice of a delivery method other than the least expensive mode of ordinary delivery offered by the Web Site, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be charged to the User.

For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when Ucha Sports receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time to the full receipt of the amount paid by Ucha Sports.

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

In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or supply, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.

7. TECHNICAL MEANS FOR CORRECTING ERRORS

The User is made aware that in the event that it detects that there has been an error when entering data necessary to process your purchase order on the Website, you can modify them by contacting Ucha Sports through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on "Buy", has access to the space, cart, or basket where his or her purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

8. REFUNDS

In the cases in which the User acquires products on or through the Website of the owner, he/she has a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel said purchase within 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorised by it, other than the carrier, acquired the material possession of the goods purchased on the Ucha Sports Website or in the event that the goods making up your order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by him, other than the carrier, acquired the material possession of the last of these goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify his decision to Ucha Sports. It may do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Deportes Ucha makes available as part attached to these Conditions, however, its use is not mandatory.

To meet the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the relevant period.

In case of withdrawal, Ucha Sports will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Ucha Sports is informed of the decision to withdraw by the User.

Ucha Sports will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Ucha Sports may withhold such reimbursement until it has received the products or items of purchase, or until the User provides proof of the return of the same, depending on which condition is met first.

The User may return or send the products to Ucha Sports at: Curros Enriquez,30, 32500, O Carballiño, Ourense.

And must do so without undue delay and, in any case, no later than within 14 calendar days from the date on which Deportes Ucha was informed of the decision of withdrawal.

The User acknowledges knowing that he will have to bear the direct cost of return (transport, delivery) of the goods, should any be incurred. Furthermore, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 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. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In the same sense governs the provision of a service that the user could hire on this Web site, as this same law states that the right of withdrawal will not assist users when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by Ucha Sports, will have lost its right of withdrawal.

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

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

You can download the Model Cancellation Form at the following link:

Return of defective products or delivery error.

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact Ucha Sports immediately and let you know the existing disagreement (defect / error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for products that are returned because of a defect, where such a defect actually exists, will be refunded in full, including delivery costs and any costs incurred by the User in making the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, will always apply.

Guarantees

The User, as a consumer and user, enjoys warranties on the products you can purchase through this Web Site, in the terms legally established for each type of product, responding Ucha Sports, therefore, for the lack of conformity of the same that is manifested within three years from delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: conform to the description made by Ucha Sports and possess the qualities presented in the same; are suitable for the uses to which the products of the same type are normally intended; and present the usual quality and performance of a product of the same type and that are fundamentally expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the three years following the delivery of the said products. In order to do so, the User must have retained all information regarding the warranty of the products.

However, to learn more about the After-Sales Service that Deportes Ucha puts at the service of the Users of the Web Site can be found here:

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Sports Ucha not accept any liability for the following losses, regardless of their origin:

any losses which are not attributable to any breach by you;

business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of

any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between both parties.

Likewise, Ucha Sports also limits its liability in the following cases:

Deportes Ucha applies all measures concerning to provide a faithful display of the product on the Web Site, however is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.

Ucha Sports will act with the utmost diligence in order to make available to the company responsible for the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road delays, and in general any other sector-specific, resulting in delays, losses or thefts of the product.

Technical failures which, due to fortuitous or other causes, prevent the normal operation of the service via the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. Ucha Sports puts all the means at its disposal for the purpose of carrying out the process of purchase, payment and shipping / delivery of products, however disclaims liability for reasons not attributable to him, fortuitous event or force majeure.

Ucha Sports will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Ucha Sports will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.

In general, Ucha Sports will not be responsible for any failure or delay in fulfilling any of the obligations assumed, when the same is due to events beyond its reasonable control, ie due to force majeure, and this may include, by way of example but not exhaustive:

Strikes, lockouts or other industrial action.

Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.

Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.

Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.

Impossibility of using public or private telecommunications systems.

Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Deportes Ucha will have an extension in the term to fulfil them for a period of time equal to the duration of the cause of force majeure. Ucha Sports will use all reasonable means to find a solution that allows it to fulfil its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Web Site, the User agrees that most communications with Ucha Sports will be electronic (e-mail or notices posted on the Web Site).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Ucha Sports send electronically comply with the legal requirements of being in writing. This condition does not affect the rights recognized by law to the User.

The User may send notifications and / or communicate with Ucha Sports through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Similarly, unless otherwise stipulated, Sports Ucha may contact and / or notify the User in your email or postal address provided.

11. WAIVER

No waiver by Ucha Sports of any specific legal right or action or failure by Ucha Sports to require strict compliance by the User of any of its obligations shall constitute or waive any other rights or remedies arising under a contract or the Conditions, or exonerate the User from the performance of its obligations.

No waiver by Ucha Sports of any of the present Conditions or of the rights or actions derived from a contract will be effective, unless it is expressly stated that it is a waiver and it is formalised and communicated to the User in writing.

12. VOID

If any of these Conditions should be declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.

13. ENTIRE AGREEMENT

The present Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and Ucha Sports in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties.

The User and Ucha Sports acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data provided by the User to Ucha Sports 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, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.

15. APPLICABLE LEGISLATION AND JURISDICTION

Access to, browsing and/or use of this Website and contracts for the purchase of products through the same shall be governed by Spanish law.

Any dispute, problem or disagreement that arises or is related to access, navigation and / or use of the Website, or the interpretation and enforcement of these Conditions, or sales contracts between Ucha Sports and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send to Deportes Ucha their complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, Ucha Sports has official complaint forms available to consumers and users, and that they can request Ucha Sports at any time, using the contact details provided at the beginning of these Conditions (General Information).

Also, if a dispute arises from the conclusion of this purchase contract between Ucha Sports and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.

This General Terms and Conditions of Sale document has been created using the online general terms and conditions of sale template generator on 30/06/2023.