Terms and conditions of purchase ONLINE SHOP

The following general terms and conditions of purchase contain important information on the conditions of the contract of sale and the other rights and obligations arising from the contractual relationship with SPORTWEAR SOLUTIONS, S.L. (hereinafter, 42K), for the purchase of its products offered through the online shop https://www.42krunning.com/tienda. The completion and submission of a Purchase Order transaction expresses adherence to each and every one of the General Terms and Conditions, being aware of them and accepting them in full, and likewise affirming that you are of legal age, that you are in full possession of your mental and cognitive faculties and that you have the capacity to make such purchase freely and voluntarily.

Prices

The prices and conditions of sale are purely for information purposes and may be modified in accordance with market fluctuations. The price applicable to the product is stated in euros and includes the statutory value added tax in force at the time of purchase, and is the price shown on the corresponding page for each product appearing on the website, save for typographical error. Transport and assembly are not included in the prices unless expressly stated. Users are asked to access updated versions of the website in order to avoid errors in the prices.

Placing the order by completing the purchase form implies agreement with the price offered and with the general terms and conditions of sale in force at that specific time. Once the order has been formalised, the purchase shall be deemed to have been concluded as of full right, with all the legal guarantees protecting the purchasing consumer, and from that moment the prices and conditions shall be contractual in nature and may not be modified without the express agreement of both contracting parties. Spanish shall be the language used to formalise the contract. The electronic document in which the contract is formalised will be filed and the user will have access to it in their customer area.

Taxes payable on receiving parcels in the Canary Islands, Ceuta and Melilla

Shipments to the Canary Islands, Ceuta and Melilla made from the mainland are considered for tax purposes to be an export, and therefore items sold from the Mainland to the Canary Islands, Ceuta and Melilla are exempt from VAT.

The amount payable will depend on the amount of the purchase and on the type of item. Our shipping terms to the Canary Islands, Ceuta and Melilla are DAP. It is the customer who will have to bear the customs clearance, the duties and taxes; always taking into account the total value of the shipment. These IGIC/IPSI taxes or any other customs and/or duty charges are not included in the price of the item or in the invoice. The amount that they will have to pay is independent of the carrier’s shipping costs. Customers shall be responsible for paying the corresponding IGIC/IPSI to the transport company.

For any query or clarification, you may contact us at contabilidad@42krunning.com.

Shipping methods and delivery times

Regarding the shipping methods and their cost:

42K running delivers its orders through contracted transport companies.

• Home deliveries through a transport company: All orders, irrespective of their weight and volume, may be delivered to your home through a transport company, the one that 42K deems most appropriate in accordance with the characteristics of the products to be shipped.
• Deliveries at collection points provided by the transport companies.

Regarding shipments and delivery times:

Shipping will be free on purchases of 40€ or more throughout Spain, except for the Canary Islands, the Balearic Islands, Ceuta and Melilla.

Delivery of the goods is regularly carried out by shipment to the delivery address indicated by the customer. For the processing of the transaction, the delivery address indicated when placing the order shall be determinative.

The transport and delivery service is always performed by companies that are entirely autonomous and independent of 42K, and therefore those companies providing these services shall be solely liable for any damage or loss caused to the customer by the provision thereof, under Ley 16/1987, de 30 de julio, de Ordenación de Transporte Terrestre (Spanish Land Transport Act) and Real Decreto 1211/1990, de 28 de septiembre, por el que se aprueba el Reglamento de Ordenación de los Transportes Terrestres (Spanish Land Transport Regulations).

The times for delivery to the transport company of the products that 42K has in stock range between 48 and 72 hours from verification of the order. It is not possible to guarantee these delivery times. For products that are available but not in stock, the delivery time will be determined in accordance with the supplier’s service and manufacturing lead time, always from verification of the order. The delivery time runs from the moment of verification of the order until the first delivery attempt by the transport service. It must be borne in mind that, for the purposes of counting the days required for shipping the product, the following will not be taken into consideration: Friday afternoons, Saturdays, Sundays or public holidays (both national and local). Orders placed from 12:00h. onwards will be processed on the following day. In orders including several items a single shipment will be made and the delivery time will correspond to the item with the longest delivery time. If the method of payment selected in the order is bank transfer, the time elapsed until verification of the payment will not be included in the delivery time.

An order shall be deemed delivered when the delivery receipt is signed by the customer. It is within the following 24 hours that the customer must check the products upon receipt thereof and set out any objections that may exist. It is for the customer to check the products upon receipt and to set out all the reservations and claims that may be justified in the delivery receipt document, under Ley 16/1987, de 30 de julio, de Ordenación de Transporte Terrestre and Real Decreto 1211/1990, de 28 de septiembre, por el que se aprueba el Reglamento de Ordenación de los Transportes Terrestres.

Should you receive a product damaged in transport, it is advisable that you contact 42K within the first 24h in order to be able to claim for the incident against the transport company. Likewise, it is advisable to place it on record with the transport company by means of the delivery note in a reliable manner, as an essential requirement for a subsequent claim, or with the customer service departments of each transport company. The customer shall have a maximum of 72 hours to check the completeness of all the components of the order and to check that everything that should be included in the products supplied is included. After these 72 hours the shipment shall be deemed accepted and no claims for damage or faults with the shipment will be accepted.

Payment methods

42K offers the following payment method options for any of its orders:

• Credit/debit card: this is the simplest, quickest and safest way to make your purchase. Once you have provided us with the details necessary to make the payment through our purchase forms, verification of your order will be set in motion immediately. The cards accepted by our POS terminal are: VISA, MASTER CARD, AMERICAN EXPRESS AND DINERS CLUB AND THE IUPAY VIRTUAL WALLET.
• Paypal: Secure and guaranteed payment: the data travel in encrypted form
• Bank transfer: CaixaBank ES20 2100 77993 36 1300889702
• Bizum
• Google Pay and Apple Pay through our payment gateway

Countries in which the 42K online shop sells

42K sells through its online shop exclusively in the countries that form part of the European Union: Germany, Belgium, Croatia, Denmark, Spain, France, Ireland, Latvia, Luxembourg, the Netherlands, Sweden, Bulgaria, Slovakia, Estonia, Greece, Malta, Poland, the Czech Republic, Austria, Cyprus, Slovenia, Finland, Hungary, Italy, Lithuania, Portugal and Romania.

The VAT applied to the sale will be that set by each country.

The shipping cost will be that established by the transport company UPS and the customer will be able to ascertain it at the time of completing the purchase.

Warranty

42K guarantees all the products it distributes in accordance with the laws in force and the following conditions. The consumer may approach either the seller or the manufacturer of the product, who shall be liable for any lack of conformity that becomes apparent within a period of two years from delivery, on the terms set out in Ley 3/2014, de 27 de marzo, por la que se modifica el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias (Spanish Act amending the consolidated text of the General Act for the Protection of Consumers and Users and other supplementary laws). Where the lack of conformity becomes apparent after 6 months and in doubtful cases, the manufacturer may require an independent expert report in order to process the warranty.

The shipping costs generated by the processing of the product warranty shall be borne by 42K in those cases where the lack of conformity is presumed to exist in the product purchased. This must always be done following the instructions given by 42K, subject to prior request and acceptance.

The consumer may make a claim where the product is not in conformity in the following cases:

• The product purchased does not match the description given by 42K.
• The product purchased is not fit for the purposes for which products of the same type are generally intended.
• It does not display the expected quality and performance, particularly taking into account the public statements (advertising, brochures, labelling…) about its specific characteristics made by 42K or by the manufacturer.

The consumer may choose between the repair or the replacement of the product purchased, unless one of the two options is impossible or disproportionate. The option with the higher cost shall be considered disproportionate. Both the repair and the replacement must be carried out within a reasonable period of time and entirely free of charge for the consumer.

The consumer may process the warranty by contacting 42K.

The warranty does not cover faults or defects due to incorrect use or handling of the material, or the wear caused by normal use thereof. In the case of the purchase of products of a technical nature, the user thereof must follow the instructions and directions for use supplied by the manufacturer.

Returns

You may return your purchase or products bought in our online shop within a period of 14 calendar days (during the special Christmas campaign –purchases made from 2 December to 3 January– the period for returns will be extended until 20 January; if you have any query, send an email to shop@42krunning.com or call +34 960 105 985, ext. 212).

The costs of the return are borne by the customer. 42K does not provide for free returns. In the event that the shipment made by 42K is incorrect (due to a mistake in size, colour or model) or the product has any defect, the customer must notify 42K by means of the contact form (a reply will be given within less than 48h).

To make a return from mainland Spain:
You may send us at your own expense the products that you need to return to the address you will find at the foot of this page, or use the returns portal as follows:

1. Go to the MY ACCOUNT section and enter the ORDERS folder.
2. Make a note of your order number or your tracking number.
3. Go to our RETURNS PORTAL and follow these steps: enter your postcode and your order number or tracking number.
4. The cost of the return to be borne by the customer is estimated at 3,99€ (VAT incl.), which will be deducted from the refund of the purchase.

To make a return from the Balearic Islands, the Canary Islands, Ceuta or Melilla:

• Contact 42K for instructions.

To make a return from abroad:

• Contact 42K for instructions.

 

All returns must meet the following requirements:

• The cost of the return is borne by the customer.
• The products must not have been used or washed in any way.
• The products must be in perfect condition and must not show any damage or tampering.
• The products must be complete and, if possible, inside their original packaging.

Once the return of the product(s) has been received and checked at our facilities, 42K will proceed to refund the corresponding amount paid by the same means of payment with which the purchase was made.

Applicable law and jurisdiction

These general terms and conditions shall be construed in accordance with the legislation in force in Spain on the matter, which shall apply on a subsidiary basis to everything not provided for herein (Ley 34/2002 de 11 de julio de servicios de la información y comercio electrónico).

The users of our website are aware of all the foregoing and accept it voluntarily.

Legal notice

Online dispute resolution in consumer matters in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform which is available at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

Queries and suggestions

For any query, complaint or suggestion 42K provides you with the following email address: shop@42krunning.com

No reply is guaranteed to queries, enquiries, requests or suggestions sent to other email accounts of the company.

National and international shipments for sports events and clubs (not customers of the Online Shop and/or Team Market)

Orders with delivery in mainland Spain with a taxable base of more than 300€ (excluding VAT) have the shipping costs included (except for orders of race bibs). Orders of less than 300€ and all those delivered in Ceuta, Melilla, the Balearic Islands, the Canary Islands and abroad will carry separate shipping costs.

Shipments to the Canary Islands, Ceuta and Melilla are exempt from VAT, but the customer/recipient has to bear the customs clearance, the duties and taxes. These taxes, IGIC/IPSI or any other customs and/or duty charges, are not included in the price of the item or in the invoice. The amount that they will have to pay is independent of the carrier’s shipping costs. Customers shall be responsible for paying the corresponding IGIC/IPSI to the transport company. For any query or clarification, send your enquiry to contabilidad@42krunning.com.

In the case of shipments made to countries and/or territories that do not form part of the European Union, the recipient will have to pay for the transport, as well as the taxes, duties, customs charges and/or fees provided for by the laws of the country of destination.