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Terms & Conditions
TERMS AND CONDITIONS
This contractual document shall govern the purchase of products and contracting of services through the website www.tradeinn.com, owned by TRADEINN RETAIL SERVICES, hereinafter the Provider, and owner of the following online shops: www.scubastore.com, www.trekkinn.com, www.bikeinn.com, www.snowinn.com, www.swiminn.com, www.smashinn.com, www.waveinn.com, www.motardinn.com, www.outletinn.com, www.goalinn.com, www.runnerinn.com, www.xtremeinn.com, www.dressinn.com, www.traininn.com, www.kidinn.com, www.techinn.com and www.bricoinn.com.
Acceptance of this document implies that the Customer:
- Has read, understands and understands what is stated herein.
- By placing an order through this website, the customer declares that he is over 18 years of age and has the legal capacity to enter into contracts. However, if he is between 14 and 18 years of age, the customer may request information about products and events. In any case, it is advisable that the Customer has their parents or legal representatives with them before browsing and/or registering in our online shops or mobile applications so that they can explain any questions that may arise. If the Customer is under 14 years of age, please do not provide us with any personal information, as the Provider cannot accept it.
- The Customer undertakes all the obligations set out herein.
These terms and conditions shall be valid for an indefinite period of time and shall apply to all purchases made through the Provider´s website.
The Provider informs that the merchant is responsible and aware of the legislation in force in the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.
IDENTITY OF THE CONTRACTING PARTIES
On the one hand, the Provider of the products purchased or services contracted by the Client is TRADEINN RETAIL SERVICES, with registered office at C/ Pirineus, 9 - 17460 Celrà (Girona), NIF B17527524 and with customer service telephone number: +34 93 220 00 89.
And on the other hand, the Client, registered on the website by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the Provider.
OBJECT OF THE CONTRACT
The purpose of this contract is to regulate the contractual purchase and sale relationship between the Provider and the Customer when the Customer accepts the relevant checkbox during the online ordering process.
The contractual purchase and sale relationship involve the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.
1. General terms and conditions.
2. Shipping and delivery of orders.
6. Force majeure.
8. General information of the offer.
9. Price and period of validity of the offer.
10. Transport costs.
11. Methods of payment, charges and discounts.
12. Purchasing process.
13. Donations with Intermon Oxfam.
14. Applicable warranties.
15. Applicable law and jurisdiction.
16. Online Trust.
1. GENERAL TERMS AND CONDITIONS
Unless otherwise agreed in writing, the placing of an order with Provider shall constitute acceptance by Customer of these legal terms and conditions. No provision made by Customer shall differ from those of Provider unless expressly accepted in advance and in writing by Provider. To place an order, the Customer must follow the online purchase procedure and click on the acceptance of the Terms and Conditions and the button to finalise the order (with obligation to pay).
2. SHIPPING AND DELIVERY OF ORDERS
The Customer should note that orders will be shipped within the limits of available stock. If one of the items ordered is not in stock, the Provider undertakes to send the Customer an email as soon as possible (from the date on which the order was placed) to inform him/her of the period within which his/her product(s) can be dispatched. If the Customer is not interested in waiting, he/she may request a refund of the amount paid for the item(s) in question. If any of the products of his order, once invoiced, are not available, the Provider undertakes to send the Customer the available products. If possible, the Provider shall offer the Customer an article of equivalent quality and price to replace the unavailable product. In the event that the Customer does not accept the proposed replacement product, the Provider shall reimburse the Customer for the unavailable product. When placing an order, the Customer may choose his delivery option once all items have been added to the basket. The Provider shall ship the order to the address provided by the Customer when placing the order. To ensure the safe delivery of the package, the courier requires a signature to confirm that the delivery has been successfully completed. If there is no one to receive the parcel, the courier will attempt a redelivery, deposit the parcel with a neighbour or return the parcel to the local post office for safekeeping. In the event that the package cannot be delivered due to any reason, such as incorrect address, absent recipient, refusal of the package, etc., the package will be returned to our warehouse. In such a situation, the Provider shall refund only the price of the products paid for, once the parcel has arrived back at our warehouse. The Customer shall receive the refund by the same payment method used when placing the order. In this case, the shipping costs will not be refunded. Delivery shall be deemed to have taken place as soon as the carrier has placed the products at the Customer´s disposal and the Customer, or the Customer´s delegate, has signed the delivery receipt document. It is the Client´s responsibility to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document. In the event that the contracting does not entail the physical delivery of any products, these being directly downloaded from the website, the Provider shall previously inform the Client regarding the procedure to be followed to carry out this download. Claims for packages marked as ´delivered´ must be submitted after 3 days and before 15 days from the date on which the package was marked as ´delivered´. Claims for packages that are presumed lost (when the status is not ´delivered´) must be submitted after 3 days and within 30 days after the last tracking update. To file a claim, the Customer must contact the Provider via the website. If the Customer selected to purchase Route+ insurance when placing the order and has a problem with the shipment, the Customer must file the claim directly with Route. To process the claim with Route, the Customer can do so via the mobile application provided by Route for iOS or Android devices. Alternatively, it can be done via the email the Customer received from Route after placing their order, or by filling in the online complaint form: https://claims.route.com. The Customer can review the terms and conditions using the following link: https://content.route.com/terms-and-conditions.
The Customer has a period of fourteen calendar days from the date of receipt of the product purchased in our online shop, to exercise the right of withdrawal and cancel the contract concluded between the parties (Article 71 of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws). In any case, the cost of returning the product shall be borne by the Customer, with the exception of cancellations based on lack of conformity with the product. It should be noted that, according to recital 47 of Directive 2011/83/EU, if the Customer wishes to exercise the right of withdrawal after having used the goods more than is strictly necessary to determine their nature, characteristics or functioning, the Customer shall be liable for any depreciation of the goods. It is understood that, in order to determine the nature, characteristics or functioning of the goods purchased, the Customer can and must only carry out the same manipulations and inspections of the goods as those that would be admitted in a physical establishment. Therefore, during the trial period the consumer must handle and inspect the goods with due care. According to art. 103 of Royal Legislative Decree 1/2007, the right of withdrawal shall not apply to contracts relating to:
(a) The provision of services, once the service has been fully performed, where performance has begun, with the prior express consent of the consumer and user and with his acknowledgement that he is aware that, once the contract has been fully performed by the entrepreneur, he will have lost his right of withdrawal.
(b) The supply of goods or services the price of which depends on fluctuations in the financial market which the entrepreneur cannot control and which may occur during the withdrawal period.
(c) The supply of goods made to the specifications of the consumer and user or clearly personalised.(d) The supply of goods that are likely to deteriorate or expire rapidly.
(e) The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
(f) The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
(g) The supply of alcoholic beverages the price of which has been agreed at the time of conclusion of the sales contract and which cannot be delivered within 30 days, and the actual value of which depends on market fluctuations beyond the control of the trader.
(h) Contracts where the consumer and user has specifically requested the trader to visit him for urgent repairs or maintenance; if, during such a visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair, the right of withdrawal should apply to those additional services or goods.
(i) The supply of sealed sound or video recordings or sealed software that has been unsealed by the consumer and user after delivery.
(b)(j) The supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
(k) Contracts concluded by means of public auctions.
(l) The provision of accommodation services for purposes other than housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance.
(m) The supply of digital content that is not provided on a tangible medium where performance has begun with the prior express consent of the consumer and user with the knowledge that he/she loses his/her right of withdrawal as a result.
To exercise the right of withdrawal, the Customer must notify Tradeinn Retail Services S.L. preferably by filling in the form that he will find in the following link. Or the Customer can send his withdrawal form by post by sending it to: Tradeinn Retail Services S.L., C/Pirineus, 9. 17460 Celrà (Girona - Spain). When the Customer has exercised the right of withdrawal, the Provider shall be obliged to return the sums paid by the consumer and user without retention of costs. The refund of these sums must be made without undue delay and, in any case, before 14 calendar days have elapsed from the date on which the consumer and user has been informed of the decision to withdraw from the contract.
If the Customer is not satisfied with the product he/she has purchased, he/she may return the product and obtain a refund of the price of the returned product within 30 days of delivery of the products. On the other hand, only unused items will be accepted (except for reasons of defect). There are certain products that cannot be returned except in the case of defective products such as products that cannot be returned due to hygienic or health protection reasons if they have been unsealed by the Customer after delivery (e.g. cosmetic products), or that were, after delivery, inseparably mixed with other products; products that are likely to deteriorate or expire rapidly (e.g. foodstuffs or products that are perishable or subject to an expiry date); sealed audio or video recordings or sealed software if they were unsealed by the Customer after delivery; goods made to the Customer´s specifications or clearly personalised, including personalised boots, personalised T-shirts, personalised football gloves or skis with mounted bindings. Instructions for returning a product are available in the Returns section.
Any complaint that the Client considers appropriate will be dealt with as soon as possible, and can be made to the following contact addresses:
Postal: TRADEINN RETAIL SERVICES, C/ Pirineus, 9 - 17460 Celrà (Girona) - Spain
Telephone: +34 93 220 00 89
Online Dispute Resolution Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the Customer and the Provider, without recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the dispute. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
6. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.
The Customer may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale. Should any provision of these conditions be deemed null and void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way. The Client declares that he/she has read, knows and accepts these General Conditions in their entirety.
8. GENERAL INFORMATION ON THE OFFER
All sales and deliveries made by the Provider shall be subject to these General Conditions. No modification, alteration or agreement contrary to Provider´s Commercial Proposal or stipulated herein shall be effective, unless expressly agreed in writing signed by Provider, in which case these particular agreements shall prevail. Given the continuous technical progress and product improvements, the Provider reserves the right to modify its specifications with respect to the information provided in its advertising, to the extent that it does not affect the value of the products offered. Such changes shall also apply in the event that, for whatever reason, the possibility of supplying the products offered is affected. We pay great attention to the information on the essential characteristics of the products by means of technical descriptions from our partner companies and manufacturers, as well as photographs illustrating the products. All this is done within the limits of technology, but always aiming for the best market standards.
9. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The price of each product will be clearly stated in the online shop. The price and conditions of the products offered may vary over time, but in any case, for a particular order, the price and conditions that were stated when the Customer placed the order shall always apply. The Provider reserves the right to charge for the order from the moment of its receipt.
The sales prices indicated in our online shops are shown as follows:
- If the Customer lives in the European Union, all prices include VAT, but the Provider deducts this amount from the total if the shipment is to VAT exempt areas. In the United Kingdom, all our prices are inclusive of VAT, which is currently at a standard rate of 20%.
- If the Customer lives outside the European Union, prices do not include VAT. The Customer will have to pay local VAT and there may be an import duty when the shipment arrives at its destination. In some countries or areas there is also a customs clearance fee, these costs are charged by the shipping company who acts as an intermediary. Customs duties and regulations vary from country to country and it is difficult to know exactly how they work.
10. TRANSPORTATION COSTS
Shipping costs are not included in the price of the products. Shipping costs shall be borne by the Customer and shall be added to the total amount of the selected products. The Customer can check the amount of the shipping costs at any time in the shopping basket, before confirming the order and finalising the order process. The calculation of the shipping costs depends on the volume and weight of the items. Shipments to the Canary Islands are subject to local import and/or customs taxes.
11. METHODS OF PAYMENT, CHARGES AND DISCOUNTS
The Provider has partnered with Adyen and Mar Payments Services S.L. to ensure maximum payment security and the prevention of fraud and non-payment. If the security department suspects any anomaly or fraud, the Provider reserves the right to cancel the transaction for security reasons. The main payment methods are credit/debit cards, Klarna, PayPal, Apple Pay and Google Pay. The payment methods offered may vary depending on the country of destination. Once all items have been added to the basket and the Customer has selected the courier service, all available payment methods for their country of destination will be displayed. For online payments made by credit/debit card, the ´Secure Socket Layer´ (SSL) security system is used to encrypt banking information on the network. In addition, the Customer´s credit card details are not recorded in any database, but go directly to the bank´s POS (Point of Sale Terminal). In order to offer Klarna´s payment methods, in the payment process, the Provider may pass the Customer´s personal data in the contact form and order details to Klarna, so that Klarna can assess whether the Customer can benefit from these payment methods. The transferred personal data is processed in accordance with Klarna´s privacy notice (link: www.klarna.com/international/privacy-policy/). The Customer is always entitled to receive the invoice on paper free of charge, although if he/she does not state otherwise in his/her order, he/she shall be deemed to have expressly consented to receive it electronically (by e-mail). This consent may be revoked by the Customer at any time by contacting the Customer Service team via the contact section.
12. PURCHASING PROCESS
Any product from the catalogue can be added to the basket. In the basket, only the items, the quantity, the price and the total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered. The baskets do not have any administrative link, it is only a section where the Customer can simulate a budget without any commitment on both sides. In order to place an order, the Customer must be at least 18 years of age. If the Customer is a minor, he must ask his parents or legal guardians to place the order in his name. Once the Customer has accessed the relevant online shop, the Customer must fill in the form with the necessary personal data requested, which can be found in all our online shops, and must click on the finalise order button to confirm the purchase. When the Customer completes his order, the Provider will send him an e-mail with the number and details of his order. In the event that there is a problem with the delivery of the material, the Provider will contact the Customer as soon as possible to inform him/her of the situation and suggest alternative products that he/she may wish to purchase. Alternatively, we may offer to refund the amount of money paid to us for such products. The Customer may cancel the order at any time and at no additional cost, as long as it has not been invoiced and sent via the transport company. If the package has left our premises, the Customer may reject it with the transport company at the time of receipt of the same. The availability of products on the website is constantly changing and reflects the situation in real time. Adding an item to the shopping basket does not guarantee that it will be reserved for the Customer, as other customers may have purchased it while browsing the website. Only when the payment process has been completed, the product is effectively reserved for the Customer. The Provider will make every effort to supply the products listed in the order confirmation. However, there may be occasions when it is impossible to supply such products due to, for example, such products not being in stock. In such cases the Provider will contact the Customer to inform him/her and suggest alternative products that he/she may wish to purchase. Once the order has been processed, the system instantly sends an e-mail to the Provider´s management department. Provider shall supply the products indicated in the Customer´s order confirmation in accordance with these Terms and Conditions.
13. DONATIONS WITH INTERMON OXFAM
Thanks to the direct collaboration of the Provider with the NGO Oxfam Intermón, the Provider gives all customers the opportunity to collaborate with Oxfam Intermón and support charitable causes within their purchase process. It is a very simple and totally secure donation system. It will appear right in the shopping basket before finalising the order, allowing customers to increase the value of their purchase with a small donation. All donations will go entirely to Oxfam Intermón. In the event that the customer cancels their order after making the donation, the amount donated to Oxfam Intermón will not be refunded.
14. APPLICABLE WARRANTIES
As the official distributor of each brand, all items sold by Provider are covered by a manufacturer´s warranty of 3 years for Spain and 2 years for all other countries, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. If any of the products purchased should suffer from a manufacturing defect, detected within 3 years for Spain and 2 years for the rest of the countries, from the date of delivery and the defect has been confirmed by the manufacturer, the Provider undertakes to repair it free of charge, to replace it with a new one alternatively or to make the corresponding refund. In this case, all costs of returning the product and shipping the new or repaired product shall be borne by the Provider. In the event that the problem with the product is not due to a manufacturing defect and is not covered by the warranty, the Customer shall pay all additional costs, including the cost of returning the product.
In the absence of proof to the contrary, the goods shall be deemed to be in conformity with the contract provided that they meet all of the following requirements, unless the circumstances of the case make any of them inapplicable:
- They conform to the description provided by the Provider (TRADEINN RETAIL SERVICES).
- Are suitable for uses for which products of the same type are normally intended.
- Are suitable for any special use required by the customer when the customer has informed TRADEINN RETAIL SERVICES at the time of the conclusion of the contract, provided that the customer has accepted that the product is suitable for this use.
- They have the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where applicable, the descriptions of the specific characteristics of the products made by TRADEINN RETAIL SERVICES.
- TRADEINN RETAIL SERVICES describes the details, technical characteristics and photographs of the products provided by the manufacturer of the products and is not bound by these public statements.
Lack of conformity resulting from incorrect installation of the product shall be deemed to be a lack of conformity of the product when the installation is included in the purchase contract and has been carried out by or under the responsibility of TRADEINN RETAIL SERVICES, or by the Customer when the faulty installation is due to an error in the installation instructions.
No liability shall be incurred for non-conformities which the Customer knew or could not have been unaware of at the time of conclusion of the contract or which originate from materials supplied by the Customer.
The Provider shall be liable to Customer for any lack of conformity existing at the time of delivery of the product. Provider acknowledges the Client´s right to repair the product, to its replacement, to a price reduction and to termination of the contract.
The exercise of the actions mentioned in the previous point shall be incompatible with the exercise of the actions derived from the remedy for hidden defects of the sale. In any case, the consumer and user shall be entitled, in accordance with civil and commercial legislation, to be compensated for damages arising from the lack of conformity.
If the product is not in conformity with the contract, the Customer shall have the choice between demanding repair or replacement of the product, unless one of these options proves impossible or disproportionate. As soon as the Client informs the Provider of the option chosen, both parties shall abide by it. This decision of the Customer is without prejudice to the provisions of the following point for cases where repair or replacement fails to bring the product into conformity with the contract.
Repair and replacement shall comply with the following rules:
They shall be free of charge for the Customer. This free of charge shall include the necessary costs incurred to remedy the non-conformity of the products with the contract, in particular shipping costs, as well as costs related to labour and materials. They shall be carried out within a reasonable time and without major inconvenience to the user, taking into account the nature of the products and the purpose for which they were intended by the Customer. The repair suspends the calculation of the periods referred to in article 123. The suspension period shall start from the time the Customer places the product at the disposal of the Provider and shall end with the delivery of the repaired product to the Customer. Replacement suspends the periods referred to in Article 123 from the exercise of the option until delivery of the new product. The Customer may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
Provider shall be liable for any lack of conformity that becomes apparent within two years of delivery. In the case of second-hand products, Provider and Customer may agree on a shorter period, which may not be less than one year from delivery. In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within six months of delivery already existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity. In the absence of proof to the contrary, delivery shall be deemed to have been made on the day stated on the invoice or purchase label, or on the corresponding delivery note if this is later. The Provider is obliged to deliver to the consumer or user who exercises his right to repair or replacement, documentary evidence of the delivery of the product, stating the date of delivery and the lack of conformity that gives rise to the exercise of the right. Likewise, together with the repaired or replaced product, the seller shall provide the Client with documentary proof of delivery, stating the date of delivery and, where applicable, the repair carried out. The action to claim compliance with the provisions of the above articles shall expire three years after the delivery of the product. The Client must inform the Provider of the lack of conformity within two months of becoming aware of it. Failure to comply with this period shall not entail the loss of the right to the corresponding remedy, the Client being liable, however, for the damages or losses actually caused by the delay in the communication. In the absence of proof to the contrary, it shall be understood that the Client´s communication has taken place within the established deadline.
When it is impossible or excessively burdensome for the Customer to contact the Provider for lack of conformity of the products with the purchase contract, the Customer may complain directly to the producer in order to obtain the replacement or repair of the product. In general, and without prejudice to the cessation of the producer´s liability, under the same terms and conditions as those established for the Provider, the producer shall be liable for the lack of conformity when this relates to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them. The producer is understood to be the manufacturer of a product or the importer of the same in the territory of the European Union or any person who presents himself as such by indicating on the product his name, brand or other distinctive sign. Whoever is liable to the Customer shall have a period of one year in which to take action against the person responsible for the lack of conformity. This period shall run from the time of completion of the remedy.
15. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly provided for. Pursuant to articles 50-52 of Law 1/2000 of 7 January on Civil Procedure and article 18.1 of Regulation (EU) 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the action brought by the Customer against the Provider may be brought before the courts where the Provider is domiciled or, regardless of the Provider´s domicile, before the court of the place where the Customer is domiciled.
16. ONLINE TRUST
The Provider, as a member of Confianza Online and under the terms of its Code of Ethics, in the event of disputes relating to online contracting and advertising, data protection and the protection of minors, the user may resort to Confianza Online´s out-of-court dispute resolution system (www.confianzaonline.es).