These conditions regulate the access and use of the services provided through this website (the “Website”) that GM Racket Sports, S.L., with Tax ID number B-67992909, with registered office at Avenida Diagonal, 534 entresuelo izquierda, 08006, Barcelona, Spain and registered in the Companies Registry of Barcelona, volume 48155, folio 26, page 574074 and inscription 1 (“GM Racket Sports”), makes available to the user (the “User”).
The use of the Website by the User implies full acceptance of the provisions included in these conditions in the version published by GM Racket Sports at the time the User accesses the Website. Gm Racket Sports informs Users that these conditions of access and use of the Website may be modified without prior notice, and therefore recommends the periodic reading of its contents.
The use of certain services offered to Users through the Website may be subject to specific conditions that, depending on the case, replace, complete and/or modify these conditions. Therefore, prior to the use of such services, the User must also carefully read and accept the corresponding particular conditions that may be applicable.
GM Racket Sports will make a reasonable attempt to ensure that the contents of the Website are updated and reviewed, without implying any warranty as to the adequacy, accuracy or completeness of the information provided. GM Racket Sports does not guarantee, in short, that the information contained in the Website is accurate, complete or up to date and expressly declines any liability for error or omission in the information contained in the Website.
Likewise, GM Racket Sports shall in no case be liable for:
- The contents that may be displayed directly or indirectly on the website by means of links or hyperlinks, which may be unilaterally withdrawn by GM Racket Sports at any time. The links contained in the website do not indicate the existence of any contractual relationship between the companies owning the referenced websites and GM Racket Sports.
- The information eventually provided by the Users through the Website or any forum that could be linked to it. In this sense, the User undertakes to
- Not to use any of the materials and information contained in this Web Site for illicit purposes expressly prohibited in the present conditions and/or in the specific conditions that, if applicable, are enabled;
- To make diligent use of the Web Site and the services accessible from it, in accordance with current legislation, good customs, these conditions and, if applicable, the particular conditions applicable, as well as maintaining due respect for other Users.
GM Racket Sports reserves the right to remove, without prior notice or subsequent notification, the links that appear on the Website and/or prevent access to anyone who breaches the provisions of these conditions, reserving the right to take any legal action it deems appropriate.
3. Access conditions
GM Racket Sports undertakes to make its best efforts to offer navigation on the Website in the best conditions and avoid any harm to Users. However, GM Racket Sports does not guarantee the availability, continuity and infallibility of the operation of the Website, and consequently excludes any liability for damages of any nature that may arise from difficulties experienced by Users in accessing and using the Website.
In particular, GM Racket Sports shall not be held liable for any damages that may be caused to users either by an inappropriate use of the website or by any telecommunication breakdowns or interruptions that may affect product purchase or service contracting operations through the website.
4. Industrial Property and Intellectual Property
The distinctive signs (graphic or denominative) appearing on this website are duly registered. GM Racket Sports holds the exclusive right to use them in the economic traffic and, therefore, their use by third parties lacking express authorization is forbidden.
The possible presence on the website of distinctive signs owned by a third party is carried out with the authorization of their legitimate owners.
The domain name “gmracketsports.com” and all those used for direct access to this Website are owned by GM Racket Sports and their use corresponds to the latter exclusively. The undue use of the same in the economic traffic would suppose an infraction of the rights conferred by its registration.
The contents, texts, photographs, designs, logos, images, sounds, videos, animations, recordings, computer programs, source codes and, in general, any intellectual creation existing in this Website are protected by intellectual property legislation or are freely licensed.
Access to the Website does not grant the User any rights over its contents, which may not be exploited, reproduced, distributed, modified, publicly communicated, transferred or transformed by any User without the prior written consent of GM Racket Sports.
GM Racket Sports reserves the right to take appropriate legal action against users who infringe intellectual or industrial property rights.
5. General conditions of the user profile
The “User Profile”, is the private area through which GM Racket Sports, S.L. (hereinafter “GM Racket Sports”) provides its clients with the following services: (i) automatic recovery of their personal data in the purchase operations of products and services through the website www.gmracketsports.com, (ii) consultation of the history of the referred purchase operations, (iii) management of additional services, (iii) sending of commercial information of the products and services offered by GM Racket Sports on its website, www.gmracketsports.com, (iv) access to the management of bonus redemption for products in the online store. GM Racket Sports reserves the right to add new services or delete all or part of the above services at any time and without prior notice.
For your convenience, the terms contained in these Terms and Conditions are defined below in capital letters and in alphabetical order:
“Communication Channels“: are the means through which each User may contact GM Racket Sports. In particular they comprise: (i) the “User Profile” web environment, once the access codes have been correctly entered (the “On-line Channel”), and (ii) the other forms of contact indicated in the Contact section of the Website.
“User Profile Conditions“: is the set of basic rules established by GM Racket Sports to regulate the User Profile private area, contained in these General Conditions, complemented by the Conditions of Use and Privacy of the GM Racket Sports website.
“User“: is the person who, in accordance with the User Profile Conditions, has validly registered in said private area, which implies the express acceptance of these General Conditions.
B. Participation in the User Profile
To be part of the private area “User Profile” the following requirements and conditions must be taken into account:
- The User expressly undertakes to provide truthful, accurate and updated data. So that if GM Racket Sports detects the provision of data that do not respect this obligation may terminate the User, unless the User duly accredit compliance with these conditions.
- When the User provides personal data of third parties, he/she must have the express written consent of such third parties in order to include their data in the User’s profile in the private area User Profile. Likewise, in the case of providing data of minors under 18 years of age, you must have the consent of the legal representative of the minor in the manner described above. Consequently, GM Racket Sports may ask the User to prove at any time the obtaining of such consent, so that if the User does not provide sufficient evidence GM Racket Sports will unsubscribe, after blocking their data, the User from the private area User Profile, without prejudice to the claim for damages arising from such breach.
- The condition of User is personal, not being able to transfer the rights derived from such condition to a different person in any case.
- Each User, when registering in the User Profile, will inform his/her name and surname and contact e-mail. Likewise, the User will have to enter a password that together with his/her e-mail address will constitute his/her access credentials. Each user will be responsible for the custody of your password and e-mail, both being personal and non-transferable. GM Racket Sports may inform Users of the need to change the password for security reasons. GM Racket Sports will recognize the members of the User Profile when they operate in the on-line channel by means of their e-mail and will allow access to the personal account only after entering the password. GM Racket Sports will in no case be responsible for the consequences of access by third parties using the e-mail and password of a User. Likewise, notifications sent by GM Racket Sports to the e-mail address provided by the User shall be deemed to have been validly made, including those relating to purchases made by the User..
- The loss of the identification code or password must be immediately reported to GM Racket Sports through any of the Communication Channels referred to in Section One above.
- GM Racket Sports reserves the right to restrict the use of those users who make an inappropriate, illegal or abusive use of the same. It is strictly forbidden for the same user to create different User Profiles or invite other users in order to unduly benefit from promotions or discounts, which is considered an abusive use of the same. In addition, GM Racket Sports reserves the right to cancel or reduce the value of promotions and discounts at any time.
Membership in the User Profile private area is free of charge for Users.
The duration of the User Profile private area is established for an indefinite period of time. However, GM Racket Sports reserves the right to terminate it at any time.
GM Racket Sports may withdraw or suspend, at any time and without prior notice, the provision of services to those users who breach the provisions of these conditions of use.
C. Other conditions
- Modifications of the User Profile Conditions: GM Racket Sports may modify at any time the Conditions of the private User Profile area. Any update or variation on these conditions will always be published in these general conditions.
In the event that you are a consumer, disputes arising out of or in connection with these General Conditions of the User profile may be subject to the jurisdiction of the courts of the consumer’s domicile, or to the jurisdiction of any other courts that may be legally applicable. In any other case, disputes arising out of or in connection with these General Conditions of the User profile shall be subject to the jurisdiction of the courts of Barcelona (Spain).