TERMS OF SERVICE CONTRACTING
Pursuant the provisions of the Spanish legislation for e-commerce transactions, on this page applies the Law 3/2014, of 27th March, approving the revised text of the General Law for the Defense Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16th November, Directive 2011/83/EU, the Royal Decree 1/2007 of 16th November, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users, Law 7/1996 of 15th January, of the Retail Trade and the Law 34/2002, of 11th July, Law of Society Services Information;
CAPACITY TO CONTRACT
By acquiring the services offered by TRANSSPORT the user must have the capacity to contract under national law. So the terms and conditions of sale that exclusively regulate the offer, the transmission and the acceptance of purchase orders relating to products on the site TRANSSPORT between users of TRANSSPORT portal and the owner of the TRANSSPORT page and are directed to people who have reached the age of majority (18 years).
The concept of “consumer” means any natural person who is acting for purposes outside his trade, business or professional activity. We pray that you refrain from acquiring TRANSSPORT products if you’re not included in the Consumer category. TRANSSPORT reserves the right not to process the application for services received from users who are not “consumers” and to reject any order that does not meet TRANSSPORT trade policy.
IDENTIFICATION OF THE COMPANY
THE COMPANY is TRANSPORT SPORT EQUIPMENT SL, owner of the community trademark TRANSSPORT and holder of the domain name www.transsport.es, VAT no.: B66499153 and registered office in Barcelona. E-mail contact firstname.lastname@example.org. The address for service is C/ Balmes, 177 3º 1ª 08006 Barcelona.
The company is registered in the Companies Register of Barcelona, under the Protocol Number 2015/591, registered on the date 24.03.2015, volume 44741, and folio 77, page B-465002, entry 1.
By completing and submitting the application form of service is deemed to be acceptance of the terms of the contract, without, in any case, be considered commercial proposal.
DATA COLLECTION: DATA PROTECTION
The data requested are exclusively for the processing and transport of the sports center or the place of origin to the destination indicated by you, and to offer information about our promotions, offers as well as sports events of the sport you practice. These data will form part of the file “General Administration of TRANSSPORT” registered in the General Register of the Spanish Agency of Data Protection.
This file is owned by TRANSPORT SPORT EQUIPMENT SL, responsible for it, whose details are described in the first paragraph of this Contracting General Conditions, that person may apply at any time to exercise his/her rights of access, rectification, cancellation or opposition, or to request any additional information. Its purpose is to manage sports equipment transport indicated by you, whether you are an individual or a person representing a sports organization that will manage all transportation of members of the organization. So you may also check the transports made by us in different sporting events in which you participated and we can send you the information requested. Personal data may only be transferred to third parties acting to perform the own transportation service of TRANSSPORT.
We collect information from users of the site in several different ways, with the goal of providing an efficient, useful and personalized experience. For example, we may use your personal information to:
- Collect and quickly provide previously given information
- Help you quickly find the information and services you need
- Create content that is relevant
- To notify you with our new information, products, and services
Registration and Order: To use certain parts of this Site or ordering to shipment, all clients must complete an online registration form with personal information, including but not limited to, their name, address (es) of origin and destination for outward and/or source address and destination for the round trip and the time frame for the collection and delivery of the material, data collection, telephone number, email address and credit card number. Moreover, we can ask your country of residence and/or the country of operation of the entity, so that we can comply with applicable laws and regulations, as well as your sporting preferences, age group to which you belongs, available for practice sport abroad and problems to transport material that TRANSSPORT currently does not offer. This information is used for the collection, internal order processing and marketing in addition to offer the best and most complete service and communicate with you about your order and our website.
E-mail Addresses: Several locations of the Site allow you to enter your email address in order to, but not limited to, sign up to receive notifications when your material location changes location or passes the border and notifications to keep you informed of events organized related to the sport you practice, sweepstakes sports material of famous athletes notifications, or to register to our newsletter by email.
Phone number: Your phone register aims to: advice of any change in the delivery of your material, receive notifications for arrivals of new services in new geographical areas and promotions.
Log Files: Site server automatically recognizes this URL from which you access this Site. You may also we record your IP address, Internet service provider, and date / time for system administration, shipping and delivery verification, internal marketing, and system troubleshooting. (An IP address may indicate the location of your computer on the internet.)
TRANSSPORT, informs you that your activity takes place in Spain and for this reason is subject to the Spanish and EU legislation on data protection and privacy in electronic communications. Is specifically ruled by Law 15/1999, of December 13th, the RD 1720/2007 of December 21st and the European Community Directives 95/46/EC, 97/66/EC, 2000/31/EC regulates and 2002/58/EC.
The holder TRANSPORT SPORT EQUIPMENT SL has a personal data file registered in AEPD. The aim of its creation is to treat all information about persons interested in acquiring the services TRANSSPORT and also to inform customers of their services, promotions, and prices and developments in our services. Please note that your data will travel through a secure server only from your country of origin to Spain and vice versa. The recipients of the information are the TRANSSPORT team members and specialized transport companies for each type of material and ensure delivery of orders, management companies for payment processing, (always with the most modern security measures) as well as public or private official bodies that by law request the transfer of data. Refusal to provide the data requested by the user will result in the inability to be cared for our services ordinarily.
The user is entitled to exercise the rights of access, rectification, cancellation and opposition established by Law 15/1999, of December 13th and Regulation RD 1720/2007 of December 21st, addressing to the database of TRANSPORT SPORT EQUIPMENT SL by post at C/ Balmes, 177 3º 1ª 08006 Barcelona, or by email to email@example.com, always with the ID or equivalent document.
According to everything mentioned above, I hereby consent and authorize TRANSPORT SPORT EQUIPMENT SL, to handle my data and transfer it to entities, professionals and public and private officials appropriate bodies to provide the requested service.
OBJECT AND LANGUAGE OF CONTRACT
The contract is for the transport of material, either as sports as well as wheelchairs for disabled people. The features thereof are shown in the catalog of specialized transportation services offered by the website.
This agreement is formalized in Spanish language but you have a version in English on our website in English.
1. SERVICES INFORMATION
TRANSSPORT offers the providing of service of specialized transport of sports equipment, mainly sports loke; road cycling, urban cycling, mountain bike, triathlon, skiing, snowboarding, big foot, snowblade, telemark, cross-country skiing, snowshoeing, surfing, wakeboarding, water skiing, canoeing, kayaking, rock climbing, paragliding, golf , pitch & putt, wheelchairs, longboard, skate with the projection to offer in a short period of time, the maximum range transport of various sports materials from different sports played in Spain and in the European Community.
Also, TRANSSPORT specializes in transporting wheelchairs to people with disabilities.
For the purposes of this Agreement, the term “shipping” the object or objects that can move, sent under one collection receipt at the domicile of origin can be all EU countries and Switzerland and Norway, which are not unacceptable or prohibited under this clause, submitted by THE SENDER to TRANSSPORT for transport and delivery to the address indicated as the destination and vice versa in the case.
2.1 OBLIGATIONS OF SENDER: Regarding the shipping THE SENDER assumes the following fundamental obligations: a) record of complete and accurate description and shipping details; b) pack and prepare the shipping with boxes sent by TRANSSPORT according to its own nature and circumstances; it is declares under its responsibility that the shipping is not an object declared unacceptable or prohibited in accordance with paragraph 2.2.1 of this clause and the redirection of consignment complies with all applicable laws and therefore it is not illegal to proceed TRANSSPORT by sending.
2.2. UNACCEPTABLE OR PROHIBITED OBJECTS: It is unacceptable or prohibited objects the following: cash, firearms, explosives, radioactive materials, drugs, narcotics or psychotropic substances, products subject to reservation system, dangerous goods, combustible materials and, in general, any other restriction subject to the regulations in force for any mode transport.
In the event that THE SENDER delivers to TRANSSPORT objects of this type, THE SENDER will be denounced by the criminal proceedings and agrees to indemnify the company for the damages suffered, and to respond and pay to TRANSSPORT amounts fines and other monetary sanctions that have been imposed on the company for this reason, as well as attorney fees incurred and prosecutors and all court costs.
2.3 SAFETY MEASURES IN THE TRANSPORT OF SHIPMENTS BY AIR: THE SENDER, represents and warrants that in sending prohibited items are not included in the current version of section 6 of the Annex to Regulation (EU) No 185/2010 of 4th March 2010 (explosive and incendiary devices) and you agree that the consignment to be retained, subjected to controls and its content examined for security reasons, including, simulation cameras, manual checks and other technical measures and bio-X rays.
3. SERVICE PROVISION
3.1 TRANSSPORT’s RIGHTS: To provide correct and safe provision of services TRANSSPORT has the right to:
- Inspect the shipping at any time, including the opening and examination of its content,
- Not accept any shipping that does not adequately respond to what guaranteed by THE SENDER in clause 2.
- Transport the shipping by any route or means of transport which it considers TRANSSPORT is most appropriate to execute the transport.
- Exercise the right of retention legally recognized.
SERVICE PAYMENT: THE SENDER satisfies in advance the price indicated in the current tariffs, the price described in the tax base and VAT. If it has to be collected some other tax, fee, duty or expense generated by transport shipping it will be determined at the time of the service contracting.
PAYMENT METHODS: payment may be made by credit card or debit card and by bank transfer to the account of Transport Sport Equipment SL.
The fare is calculated according to the weight of the package and/or distance to destination. If THE SENDER has indicated a weight or other erroneous data (and in any case in the online recruitment), TRANSSPORT may invoice the additional amount resulting from the weight and/or correct distance. In a notorious case of excess weight, the shipping may be held at the headquarters of the contracted transport company until THE SENDER has paid the difference.
3.3 PACKAGE COLLECTION: in the page form it will be determined the day of collection on arrival. In the event of absence from THE SENDER, TRANSSPORT shall be contacted to specify new collection date if the specified on the confirmation isn’t adequate. In this case, it will be charged the price of a trip from the site of the carrier to the home collection.
In the event that the recipient of the shipping cannot pick up his/her shipping in the headquarters, he/she should authorize another person to do so and it is therefore necessary to sign the authorization available for this purpose.
4. GENERAL LIABILITY LIMITS
4.1 DAMAGES AND LOSSES: In the event that in its land transport the shipping suffered any damage or loss attributable to TRANSSPORT or companies that have effectively run the transport, responsibility to TRANSSPORT will be based on the contracted coverage policy for each type of material
4.2 DELAY: In case of delay when delivery the shipping, the liability limit will be the transport price. Nevertheless, THE SENDER may choose, at his/her discretion, either to receive the compensation or make a new shipment of the same features-in terms of its nature, dimensions and weight- free of charge. TRANSSPORT may establish additional damages as it considers appropriate (coupons for free delivery, for example).
DISCLAIMER OF RESPONSABILITY: TRANSSPORT will not be liable for consequential damages or lost profits that THE SENDER, recipient or a third party may suffer which includes, but not limited limitation, loss of opportunity to participate in the sporting event or other.
TRANSSPORT will not be liable in the following cases:
- Force majeure, unforeseeable circumstances and any action or omission that is beyond your control (such as strikes, labor disputes, civil unrest, acts of war, terrorism and other similar circumstances).
- Damage or loss resulting from the nature or inherent shipping defect
- Failure by THE SENDER of these general conditions, especially clause 2 above. Specifically, TRANSSPORT will not be liable for any damages or losses suffered by shipping as a result of inadequate packaging thereof, which embodiment corresponds to the SENDER
- Shipments transported by air, sea or road that customs control may be delayed through no fault of TRANSSPORT.
When the damage or loss was attributable to shipping companies contracted by TRANSSPORT to effectively run the transport, it will assume responsibility as required under this contract, without prejudice to its right to claim against the third party whatsoever effective liable for damage or loss. Consequently, the cash is protected liable regarding the SENDER in the same way and with the same limits of liability under this contract.
If the shipment in land transport had suffered damage or loss and these were manifested, the recipient must submit written reservations to TRANSSPORT or its contractors at the time of shipment delivery at destination. If they were not manifested, reservations must be made within 14 calendar days of the delivery as in the case of delay, the written reservations must be formulated within 14 days from the day following shipment delivery to the CONSIGNEE. Any claim made outside the above terms or when previously have not been met by THE SENDER the obligations imposed by this contract will be accepted.
6. SHIPPING DELIVERY DESTINATION
Shipment delivery is made to the address indicated as the destination. It shall be understood as the person who is able in that direction accepts to collect the item, whether or not the addressee known to the bill of collection. Whenever requested by THE SENDER, TRANSSPORT will provide delivery information by communicating the name of the sending and receiving of data from the delivery date and time. THE SENDER accepts as delivery proof of the consignment the receiver’s signature of well included in a copy of this document in a mobile terminal, proof of which you may request a copy.
7. INABILITY TO DELIVER THE SHIPPING DESTINATION
When not possible to deliver the shipment on arrival, or for any other cause beyond the control of TRANSSPORT or companies that effectively run the transport on behalf of TRANSSPORT, it shall notify the SENDER about the circumstances preventing delivery. In this case, THE SENDER must respond immediately and at the latest within one day from the receipt date of this communication, if he/she wants to recover the consignment or to have it transferred to another destination. After the said period without THE SENDER hasn’t exercised his/her right, the shipment will be treated in accordance with the stipulations of the applicable legal standard depending on the nature and type of consignment. In any case, it will be borne by THE SENDER, in addition to the payment of the additional fee, the payment of expenses and costs incurred.
Should the SENDER wish to cancel his/her shipment, he/she must contact TRANSSPORT. If the package has already been collected, it will be held at the headquarters of the carrier until the sender collects it, or may request TRANSSPORT to drive it home, with payment of the corresponding sizes.
Returning price: if the payment was made by credit card, the refund will take place within 5-7 business days, credited to the card. If you have made it through Pay Pal, you should benefit from the cancellation as indicated in the system.
9. DOCUMENTATION OF SHIPPING
THE SENDER is obliged to completely fill in the personal data form of the source data and destination of the material transported in their transportation to and if the customer requires it, for return.
10. APPLICABLE LAW AND JURISDICTION
This contract shall be governed by Spanish law. To deal with any dispute arising related to this contract, the parties expressly waive any other dispute resolution procedure that could correspond to the Courts of Justice that have jurisdiction in accordance with to undergo current Spanish rule applies. However, in cases where such a rule provides for the possibility of the parties submitting to a jurisdiction, the parties expressly waive any other jurisdiction that could correspond to the Courts of Justice of the city of Barcelona.