Terms of service

1.- Identification, Acceptance, and Access to the Website

These Terms and Conditions regulate the access and use of the Website https://www.kelme.com/es/ owned by NEW MILLENNIUM SPORTS, S.L., (hereinafter, “KELME”) with Tax ID No. B-54335161 and registered in the Mercantile Registry of Alicante: Sheet A-112333, Volume 3289, Folio 183, 1st Entry, with registered office at C/Juan de la Cierva, 43 1º12 - 03203 Elche Industrial Park - Alicante, Spain.

You may contact KELME via email sent to: Tienda.Online@kelme.es or by phone at: +34 96 665 79 00.

Access to the Website implies acceptance of these Terms and Conditions, as well as any modifications and/or additional legal texts that KELME may include in the future.

Access and navigation through the Website do not require User registration and are completely free of charge.

2.- Purpose

This Website has been developed by KELME to offer Users the possibility of purchasing different models of footwear (football, basketball, running, casual, padel, etc.) and sportswear (kits, apparel, etc.), as well as sports equipment (backpacks, gloves, hats, balls, etc.) (hereinafter, “Products”).

3.- Website Operation

The Website makes available to Users the acquisition of the Products offered therein:

Purchase of Products in Stock: The Website will indicate those Products that are available in Stock, which users can therefore acquire at the moment they wish to purchase them.

4.- User Accounts

The Website offers Users the possibility of creating an account through an online form that must be completed with the required data.

Users shall have full responsibility for the use of their User account. Consequently, Users are responsible for the proper custody and confidentiality of the username and/or passwords that allow access to their account and agree not to transfer their use to third parties, whether temporary or permanent, nor to allow access to third parties.

In view of the above, Users must immediately notify KELME via email at Tienda.Online@kelme.es regarding any improper use of their username and/or password due to circumstances such as theft, loss, or unauthorized access, so that KELME may proceed with its cancellation, blocking, and/or disabling as soon as it becomes aware of the improper use of the User Account. Until such facts are communicated, KELME shall be exempt from any liability that may arise from the improper use of usernames or passwords by unauthorized third parties.

5.- User Conduct on the Website

Users agree to make lawful, diligent, honest, and correct use of any information or content they access through the Website, all under the principles of good faith and respecting at all times the current legislation and these Terms and Conditions.

In particular, but without limitation, Users shall not:

Register or communicate data that is not true, accurate, complete, and/or up to date, nor access the Website using the name, identification data, or password of another User or impersonate any person or identity.

Use the Website for fraudulent purposes, or related to criminal offenses or illegal activities of any kind.

KELME reserves the right to deny any attempt to access the Website, cancel accounts, delete or modify content, or cancel the provision of Services in cases where an incorrect use of the Website occurs.

6. Orders and Sales Conditions

KELME ships to mainland Spain, the Balearic Islands, and Portugal. No shipments are made to the Canary Islands, Ceuta, Melilla, or Gibraltar.

The transport of purchased orders is carried out through SEUR, with delivery within a period of 24 to 72 hours. This time may be increased in specific cases such as deliveries to the Balearic Islands or international locations.

For correct shipment, the customer must correctly and accurately indicate the postal shipping data, including: name, phone number, address, postal code, city, and province. In case of error, KELME is not responsible for delivery delays.

In certain cases and particular conditions or specific promotions, kelme.com reserves the right to change the shipping conditions and amounts.

In case of incidents regarding the status of your shipment, you must contact KELME via email at: Tienda.Online@kelme.es so that KELME can resolve your question or inquiry.

In no case will KELME intentionally put more units on sale than it has available. In the event that the Product is not available after the order has been placed, the User will be informed and offered the possibility of delaying the delivery, replacing the Product with a similar one, or otherwise, refunding the amount paid.

8. Information about KELME Products and Services

The data included on the Website in the Product descriptions are for informational purposes only.

Therefore, KELME declines any responsibility for the appearance of errors in such information, although it undertakes to take all measures within its power to correct the aforementioned errors or omissions as soon as possible after being informed of them. In certain cases and particular conditions or specific promotions, kelme.com reserves the right to change the conditions and amounts of products and promotions.

9. Deadlines, Place of Delivery, and Losses

9.1. Product Delivery

KELME undertakes to deliver the Product in perfect condition to the address indicated by the User. To optimize delivery, we appreciate the User indicating an address where the order can be delivered within normal business hours.

KELME will not be responsible for errors caused in delivery when the delivery address entered by the User in the order form is imprecise, untrue, false, or has been omitted.

Without prejudice to the above, KELME undertakes to adopt those measures within its power so that the delivery of orders can be carried out in the agreed time, and if not, as soon as possible, to the satisfaction of the recipient.

9.2. Delivery Period and Notification

The delivery period for items purchased on the KELME website will be carried out via the courier company SEUR and will be delivered within 48-72 hours, except for specific cases such as the Balearic Islands or international countries, where this time will be increased based on distance.

The User must take into account that on certain dates and periods of the year (sales periods, Black Friday, Christmas, etc.), delivery times may be affected by the saturation of transport means. Therefore, it is recommended to purchase items of interest with sufficient lead time.

KELME informs you that it will not make deliveries on Saturdays and Sundays, national or regional holidays, or on days coinciding with local holidays that could affect related transport activities.

In the event that the User cannot be located at their home, the courier company will leave a notice indicating where the order is located and how to proceed with its collection.

As previously mentioned in section 7 of these Terms and Conditions, shipping costs are not included in the price of the products. However, the User will be informed prior to the purchase of the Product.

9.3. Diligence in Delivery

The User must check the good condition of the package before the carrier performing the delivery.

If the User detects any anomaly in the Product or in case of an incident, they must indicate it on the delivery note and, in turn, communicate it to KELME via email to: Tienda.Online@kelme.es.

10. Returns and Right of Withdrawal

10.1. Returns due to Manufacturing Defects.

In cases where you consider that at the time of delivery the product does not comply with the contract, you must contact us immediately via email at Tienda.Online@kelme.es providing product details and the damage or manufacturing defect, or by calling 96 665 79 00 where we will indicate how to proceed. During the warranty period, the User may return to KELME, at no cost, any Product presenting a manufacturing defect.

The product can be returned by handing it to a courier that we will send to your home upon requesting collection.

We will proceed to carefully examine the returned product and inform you by email within a reasonable period if a refund or replacement (if applicable) is appropriate. The refund or replacement will take place as soon as possible and, in any case, within 14 days following the date we send the confirmation email.

Amounts paid for products returned due to actual flaws or defects will be fully reimbursed, including delivery costs and costs incurred by you to return it. The refund will be made via the same payment method used for the purchase.

Each Product to be returned must be unused and with all its tags, packaging, and where applicable, original documentation and accessory elements. If the Product is not returned in its original packaging, it will suffer a depreciation.

To trigger the warranty, it is necessary to present:

Purchase invoice from Kelme.com
In any case, the serial number of the product to be repaired must correspond to the files owned by New Millennium Sports S.L.

The warranty begins on the day of delivery and/or acceptance of the order.

If you wish for us to repair, replace, or refund the amount paid, you must ensure the product:

a) Has not been used incorrectly or negligently, handled inadequately or recklessly, and has not been subjected to abnormal or harmful conditions.

b) Has not been involved in any accident nor damaged when attempting to repair or modify it.

c) Has not been used contrary to the manufacturer's instructions.

d) Has not deteriorated due to natural wear and tear after receipt.

In case the product does not meet any of the mentioned requirements, we may decide, at our discretion, not to repair or replace the product. To the extent permitted by law, we are not responsible for losses, liabilities, costs, damages, or expenses resulting from the process.

10.2. Return Policy: Right of Withdrawal.

In the event that the User is not satisfied with the Product received, according to the General Law for the Defense of Consumers and Users, they will have a period of 14 calendar days to return it from the date of receipt, without any penalty from KELME.

Returns shall be made through the following link after managing the collection via tienda.online@kelme.es.

The User must bear the direct cost of returning their order.

To formalize the return, the User must complete and send the withdrawal form attached to these Terms and Conditions as ANNEX 1 to Tienda.Online@kelme.es.

Once this communication is received, KELME Customer Service will contact the User to provide an incident number and instructions.

Each Product must be in perfect condition, unused, with all tags, packaging, and accessories, including the completed return sheet and a copy of the delivery note or invoice.

Once the Product is received, KELME will refund the amounts as soon as possible and, in any case, within 14 calendar days. Shipping costs will not be refunded.

In case the User decides to change the size and/or color, they must notify KELME via Tienda.Online@kelme.es within 14 calendar days. KELME will verify availability and provide instructions.

12.3 Order Cancellation

KELME reserves the right to cancel or modify technical characteristics and finishes according to manufacturer changes. Kelme.com also reserves the right to modify these sales conditions.

11.- Intellectual Property

11.1 Intellectual and Industrial Property relating to the Website.

All rights to the content, design, and source code of this Website—including but not limited to photographs, images, texts, logos, designs, trademarks, and trade names—are owned by KELME or third parties who have authorized their use.

Reproduction, transmission, adaptation, or distribution of any part of the Website's content is expressly prohibited without written authorization from KELME.

12.- Exclusion of Liability

KELME is not responsible for damages resulting from:

Lack of availability or continuous operation of the Website.
Lack of utility of the Website for specific services.
Content of third-party links.
Presence of viruses or malicious programs.
Improper, fraudulent, or illegal use of the Website by Users.
Force majeure events (telecom failures, strikes, etc.).

13.- Hyperlinks

The Website may contain links to third-party sites. KELME assumes no responsibility for their content or services.

14.- Modifications

KELME reserves the right to modify these Terms and Conditions, which will be valid upon publication.

15.- Safeguard Clause

If any clause is declared null, the rest shall remain valid.

17.- Dispute Resolution

These Terms are subject to Spanish law. Parties submit to the Courts and Tribunals of the User's place of residence.

18.- Online Dispute Resolution

The User can access the EU online dispute resolution platform here: https://ec.europa.eu/consumers/odr/

HOW TO USE THE WITHDRAWAL FORM?

If you wish to withdraw from this contract, you must notify us and return the Product within 14 calendar days of receipt.

1. Indicate your intention via the form on the following page and send it to:

New Millennium Sports, S.L. (KELME)
C/Juan de la Cierva, 43 1º1
03203 Elche Industrial Park
Alicante, Spain
Email: tienda.online@kelme.es

Once the package is received and checked, your refund will be processed and confirmed via email.

ANNEX 1

PRODUCT WITHDRAWAL FORM

To the attention of:

New Millennium Sports, S.L. (KELME)
C/Juan de la Cierva, 43 1º12
03203 Elche Industrial Park
Alicante, Spain
Email: tienda.online@kelme.es

I hereby notify you that I withdraw from my contract of sale for the following Product:

[Provide a brief description of the Product]

- Ordered on/received on: [indicate date]

- User's Name:

- User's Address:

User's Signature (only if presented on paper):

[Date]