GENERAL CONTRACTING TERMS AND CONDITIONS
Introduction
This contractual document governs the general conditions for contracting the services (hereinafter, the “Conditions”) through the website nextradarbasketball.com, owned by Next RadarBasketball S.C. (hereinafter, the “PROVIDER”). The PROVIDER’s contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the Website so that the USER may reproduce and store them as confirmation of the contract. The PROVIDER may modify them at any time. It is the responsibility of the USER to read them periodically, since those in force at the time of purchase will apply.
Accepting this document implies that the USER:
- Has read and understood these Conditions.
- Has sufficient legal capacity to enter into a contract.
- Assumes all the obligations set forth herein.
These Conditions will be valid indefinitely and applicable to all purchases made through the PROVIDER’s Website. The PROVIDER reserves the right to unilaterally modify these Conditions without affecting contracts already concluded prior to the modification.
Identity of the contracting parties
On one part, the PROVIDER of the contracted services is Next RadarBasketball S.C., whose registered address is at Cuesta De La Unión 3 bajo, 15005, A Coruña, Spain, TIN [[Nif]], and telephone number for customer service +34 629873502.
On the other part, the USER, registered on the Website by means of a username and password, is fully responsible for the use and safeguarding of such credentials and for the truthfulness of the personal data submitted to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the service relationship between the PROVIDER and the USER, which arises when the USER accepts these Conditions (for example, by ticking the corresponding box during the online contracting process) and completes the purchase process.
The contractual relationship involves enabling access to and/or activation of a specific service in exchange for a price displayed on the Website at the time of purchase, unless otherwise stated in a specific agreement.
Rectification of data
When the USER identifies errors in the information published on the Website or in documents generated by the contractual relationship, the USER may notify info@nextradarbasketball.com so that Next RadarBasketball S.C. can correct them as soon as reasonably possible.
The USER will also be able to keep their data updated by accessing their user account, where applicable.
Contracting procedure
To access the services offered by the PROVIDER, the USER must be of legal age and register on the Website by creating a user account. The USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the Legal Notice and Privacy Policy published on this Website.
The USER selects a username and password, committing to use them diligently and not to make them available to third parties. The USER must inform the PROVIDER of any loss, theft, or possible unauthorized access so the PROVIDER may proceed to block access.
In accordance with Article 27 of Spanish Law 34/2002 on Information Society and E-Commerce Services (LSSICE), the following information is provided regarding the contracting procedure:
- General contracting clauses.
- Activation of services.
- Right of withdrawal.
- Claims.
- Force majeure.
- Competency.
- General information of the offer.
- Price and period of validity of the offer.
- Delivery costs.
- Payment methods, charges and discounts.
- Purchase process.
- Suspension or termination of the contract.
- Guarantees and refunds.
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER implies acceptance by the USER of these Conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF SERVICES
The PROVIDER will not activate any service until it has been verified that payment has been made (where payment applies). Since the contract relates to digital services (no physical shipment), the service will be made available through the Website (activation and/or access) according to the PROVIDER’s technical process.
Failure to carry out the contract
If the contracted service is not available within a reasonable time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid, at no cost, and without liability for damages attributable to the PROVIDER.
The PROVIDER will not accept liability if service activation is not fulfilled due to false, inaccurate, or incomplete information provided by the USER.
The service will be considered provided when the USER has obtained access and/or activation as applicable.
3. RIGHT OF WITHDRAWAL
If the USER qualifies as a consumer under applicable law, the USER may have a right of withdrawal within fourteen (14) calendar days, counted from the date of conclusion of the contract, as regulated in Article 102 of Royal Legislative Decree 1/2007 (RDL 1/2007).
The right of withdrawal will not apply to contracts listed in Article 103 of RDL 1/2007, including digital content or services where execution has begun with the consumer’s prior express consent and acknowledgment of loss of the right of withdrawal, where applicable.
To exercise the right of withdrawal (when applicable), the USER must notify the PROVIDER by emailing info@nextradarbasketball.com, indicating the invoice number or order number.
4. CLAIMS
Any complaint that the USER deems appropriate should be dealt with as soon as possible and can be made through:
- Postal address: Next RadarBasketball S.C., Cuesta De La Unión 3 bajo, 15005, A Coruña, Spain
- Telephone: +34 629873502
- Email: info@nextradarbasketball.com
5. FORCE MAJEURE
The parties shall not be liable for failure or delay in performance due to force majeure. Performance of obligations shall be suspended for the duration of the force majeure event.
6. COMPETENCY
The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations agreed under this contract without the prior written consent of the PROVIDER.
If any provision of these Conditions is held to be unlawful, void, or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.
The USER declares having read, understood, and accepted these Conditions in their entirety.
7. GENERAL INFORMATION OF THE OFFER
All sales are subject to these Conditions. No modification, alteration, or agreement contrary to these Conditions shall take effect unless expressly agreed in writing and signed by the PROVIDER. In such case, the particular agreement shall prevail.
Given continuous technical advances and service improvements, the PROVIDER reserves the right to modify technical specifications as long as it does not materially affect the value of the services purchased.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each service include Value Added Tax (VAT) or any other applicable taxes, unless stated otherwise. Prices are shown in EURO (€). Prices may change at any time before the purchase is completed; once the order has been placed, the price will be maintained for that order.
Before completing a purchase, the USER can review the details of the order online: services, quantity, price, applicable taxes, and total amount.
Any payment made to the PROVIDER entitles the USER to an invoice issued in the name of the registered USER (or the billing details provided during checkout). The invoice will be made available in PDF format through the user account and/or by request via info@nextradarbasketball.com.
9. DELIVERY COSTS
There are no delivery costs, as the contract relates to digital services.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions. Available payment methods (if any) will be those shown during the checkout process on the Website. Any charges, discounts, or promotional conditions will also be displayed before payment is completed.
Security measures
The Website uses generally accepted information security techniques within the industry, such as SSL/TLS and access control mechanisms, with the aim of preventing unauthorized access to data. The USER agrees to provide the necessary data for authentication and access control.
11. PURCHASE PROCESS
The USER may select the desired service(s) and complete the checkout process by confirming billing details, selecting a payment method (where applicable), and finalizing the order. Once the order is processed, the system may send an order confirmation to the USER’s email.
12. SUSPENSION OR TERMINATION OF THE CONTRACT
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to the services, in whole or in part, for any valid reason, including, without limitation, breach of these Conditions or any applicable law.
Exercising any right under this clause does not prejudice other rights or remedies available to the PROVIDER.
13. GUARANTEES AND REFUNDS
Guarantees and refunds, when applicable, will be governed by mandatory consumer protection rules under Spanish law, including RDL 1/2007, to the extent applicable to the USER’s purchase and legal status (consumer vs. business).
14. APPLICABLE LAW AND JURISDICTION
These Conditions shall be governed by Spanish law in respect of matters not expressly set forth herein. Any dispute arising from the services shall be submitted to the Courts and Tribunals of the PROVIDER’s domicile, unless mandatory consumer protection rules provide otherwise.