Terms and Conditions with Customer Information
1) Scope
1.1 These Terms and Conditions (hereinafter referred to as “T&Cs”) of Elite Sports Mallorca SLU (hereinafter referred to as “Seller”) apply to all contracts for the supply of goods, services, or vouchers that a consumer or business (hereinafter referred to as “Customer”) concludes with the Seller via the Seller’s online shop. Any terms and conditions of the Customer that deviate from these shall not apply unless expressly agreed by the Seller.
1.2 These T&Cs also apply accordingly to contracts for the delivery of digital content, unless otherwise expressly stipulated.

1.3 A consumer in the sense of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business in the sense of these T&Cs is a natural or legal person, or a partnership with legal capacity, acting in the course of their trade, business, or profession.

1.4 Digital content in the sense of these T&Cs means data produced and supplied in digital form, not stored on a tangible medium, which the Seller provides with certain usage rights as defined in these T&Cs.

1.5 The subject of the contract can be a one-time delivery or a recurring delivery (“subscription contract”), depending on the Seller’s product description. In the case of a subscription contract, the Seller undertakes to provide the agreed goods for the duration of the contract at agreed intervals.

2) Conclusion of Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers but serve to enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected items in the virtual shopping cart, proceeding through the checkout process, and clicking the button that completes the order, the Customer submits a legally binding offer to purchase the goods in the cart.

2.3 The Seller may accept the Customer’s offer within five days:

by sending the Customer a written order confirmation or confirmation in text form (e.g., email), or
by delivering the ordered goods to the Customer, or
by requesting payment from the Customer.
The contract is concluded at the time when one of these alternatives first occurs. If the Seller does not accept the Customer’s offer within the aforementioned period, the offer shall be deemed rejected and the Customer shall no longer be bound by it.
2.4 If the Customer chooses a payment method offered via PayPal, payment will be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, subject to PayPal’s terms of use, available at: https://www.paypal.com/webapps/mpp/ua/useragreement-full

2.5 When ordering via the online form, the Seller stores the contract text and sends it to the Customer in text form after the order has been placed.

2.6 Before submitting the order, the Customer can identify and correct any input errors using standard browser functions and by reviewing the order summary.

2.7 The contract language is English.

2.8 The Customer must ensure that the email address provided for order processing is correct and that emails from the Seller can be received (especially by checking spam filters).

3) Right of Withdrawal
3.1 Consumers have a statutory right of withdrawal.
3.2 Details of the withdrawal right are set out in the Seller’s withdrawal policy.

4) Prices and Payment Terms
4.1 Unless otherwise stated, the prices listed are total prices including VAT. Any additional delivery or shipping costs will be specified separately.
4.2 The available payment methods will be shown to the Customer in the Seller’s online shop.

4.3 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract unless otherwise agreed.

4.4 Credit card payments are processed via Stripe Payments Europe Ltd., Dublin, Ireland.

5) Delivery and Shipping Terms
5.1 Goods are delivered to the delivery address specified by the Customer, unless otherwise agreed.
5.2 If delivery fails for reasons attributable to the Customer, the Customer must bear the resulting costs (excluding cases of effective withdrawal).

5.3 Collection by the Customer is not possible for logistical reasons.

5.4 Digital content will be provided electronically via email.

5.5 Vouchers will be provided electronically via email.

6) Granting of Rights for Digital Content
6.1 Unless otherwise stated, the Seller grants the Customer a non-exclusive, unlimited right to use the supplied digital content for both private and business purposes.
6.2 Transferring the content to third parties or creating copies for third parties is prohibited unless the Seller consents.

6.3 The rights are granted only after full payment of the agreed fee.

7) Duration and Termination of Subscription Contracts
7.1 Subscription contracts are concluded for an indefinite period and may be terminated by either party with 14 days’ notice.
7.2 The right to terminate for good cause remains unaffected.

7.3 Termination must be in writing or text form (e.g., email).

8) Retention of Title
If the Seller delivers goods in advance, ownership remains with the Seller until the purchase price has been paid in full.
9) Liability for Defects
9.1 If the purchased goods are defective, the statutory provisions on defect liability apply.
9.2 Consumers are asked to report any obvious transport damage to the delivery agent and notify the Seller, without this affecting their statutory rights.

10) Applicable Law
The laws of Spain shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this applies only to the extent that mandatory provisions of the law of the country in which they have their habitual residence are not overridden.
11) Jurisdiction
If the Customer is a business, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business.
12) Alternative Dispute Resolution
The EU Commission provides an online dispute resolution platform at: https://ec.europa.eu/consumers/odr
The Seller is not obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.