Terms of service

1.- Identification, Acceptance and Access to the Website

These Terms and Conditions govern access to and use of the Website https://www.kelme.com/es/ owned by NEW MILLENNIUM SPORTS, S.L., (hereinafter, “KELME”) with Tax ID (C.I.F.) no. B-54335161, registered in the Commercial Registry of Alicante: Sheet A-112333, Volume 3289, Folio 183, Entry 1, with registered office at C/Nicolás de Bussi, 45 - 03203 Elche Parque Industrial - Alicante, Spain.

You can contact KELME by sending an email to: Tienda.Online@kelme.es

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

Accessing and browsing the Website does not require Users to register and is completely free of charge.

2.- Purpose

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

3.- Operation of the Website

The Website allows Users to purchase the Products offered on it:

Purchase of Products in Stock: The Website will indicate which Products are in stock and can therefore be purchased by Users at the time they wish to buy them.

4.- User Accounts.

The Website offers Users the possibility of creating an account by means of an online form, which must be completed with the data required therein.

Users bear full responsibility for the use of their User account. Consequently, Users are responsible for the proper safekeeping and confidentiality of the username and/or passwords that give them access to their account, and undertake not to transfer its use to third parties, whether temporarily or permanently, nor to allow third parties to access it.

Accordingly, Users must immediately notify KELME by email at Tienda.Online@kelme.es of any misuse of their username and/or password, due to circumstances such as theft, loss or unauthorised access, so that KELME can cancel, block and/or disable the account as soon as it becomes aware of the improper use of the User Account. Until such events are reported, KELME shall be exempt from any liability that may arise from the misuse of usernames or passwords by unauthorised third parties.

5.- User Conduct on the Website

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

In particular, but without limitation, Users must not:

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

 

1. Use the Website for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind.

 

KELME reserves the right to deny any attempt to access the Website, cancel accounts, remove or modify content, or cancel the provision of Services in cases of improper use of the Website.

6. Orders and conditions of sale

KELME ships to the whole of the Iberian Peninsula, the Balearic Islands and Portugal. We do not ship to the Canary Islands, Ceuta, Melilla or Gibraltar.

Orders are transported by SEUR and delivered within 24 to 72 hours. This time may be longer in specific cases such as deliveries to the Balearic Islands or foreign countries.

For correct delivery, the customer must provide accurate and exact shipping details, including: name, telephone number, address, postcode, town/city and province. In the event of an error, KELME is not responsible for any delay in delivery.

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

In the event of any issues regarding the status of your shipment, you must contact KELME by email at: Tienda.Online@kelme.es so that KELME can resolve your question or enquiry.

KELME will under no circumstances intentionally put up for sale more units than it has available. If the Product is unavailable after an order has been placed, the User will be informed and offered the option of delaying delivery or replacing the Product with a similar one or, failing that, a refund of the amount paid.

 

8. Information on KELME Products and services.

The information included on the Website in the Product descriptions is for informational purposes only.

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

9. Delivery times, place of delivery and lost shipments

9.1. Delivery of the Product

KELME undertakes to deliver the Product in perfect condition to the address indicated by the User. In order to optimise delivery, we ask Users to provide an address at which the order can be delivered during normal working hours.

KELME shall not be liable for errors in delivery where the delivery address entered by the User in the order form is inaccurate, does not correspond to reality, is false or has been omitted.

Without prejudice to the foregoing, KELME undertakes to adopt all measures within its reach so that orders can be delivered within the agreed time and, failing that, as soon as possible, to the satisfaction of the recipient.

9.2. Delivery time and notification

Items purchased on the KELME website are delivered through the courier company SEUR, within 48-72 hours, except in specific cases such as the Balearic Islands or foreign countries, where this time will be longer depending on the distance.

Users should bear in mind that at certain times of the year delivery times may be affected, such as sales periods, Black Friday, Christmas, etc., due to saturation of transport services. Therefore, we recommend purchasing the items you are interested in well in advance so that they reach their destination on the dates desired by the User.

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

If the User cannot be located at their address, the courier company will leave a notice indicating where the order is and how to collect it.

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 before purchasing the Product.

9.3. Due diligence on delivery

The User must check that the package is in good condition in front of the carrier delivering the requested Product.

If the User detects any anomaly in the Product, or in the event of any incident, they must note it on the delivery note and also inform KELME by email at the following address: Tienda.Online@kelme.es.

10. Returns and right of withdrawal

10.1. Returns due to manufacturing defects in the Product.

If you consider that, at the time of delivery, the product does not conform to the contract, you must contact us immediately by email at Tienda.Online@kelme.es, providing the product details as well as the damage or manufacturing defect, and we will tell you how to proceed. During the warranty period, the User may return to KELME, free of charge, any Product that has a manufacturing defect.

You may return the product by handing it to a courier whom we will send to your address when you request the collection.

We will carefully examine the returned product after you have notified us at the email address: Tienda.Online@kelme.es and will inform you by email within a reasonable time whether a refund or replacement (as the case may be) is applicable. The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that a refund or replacement of the non-conforming item is applicable.

The amounts paid for products returned because of a fault or defect, where one really exists, will be refunded in full, including the delivery costs incurred in delivering the item to you and the costs you may have incurred in returning it to us. The refund will be made using the same payment method used to pay for the purchase.

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

To claim the warranty, you must present:

• Purchase invoice from Kelme.com

• In any case, the serial number of the product to be repaired must match the records held by New Millennium Sports S.L.

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

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

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

b) Has not been involved in any accident or damaged while attempting to repair or modify it.

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

d) Has not deteriorated through normal wear and tear after receipt.

If the product does not meet any of the above requirements, we may decide, at our discretion, not to repair or replace the product. To the extent permitted by law, we accept no liability for any losses, liabilities, costs, damages or expenses that may result from the process.

10.2. Returns Policy: Possibility of exercising the right of withdrawal for Products.

If the User is not satisfied with the Product received in their order, the User, in accordance with the General Law for the Protection of Consumers and Users, has a period of 14 calendar days from the date of receipt of the order to return it, without any penalty from KELME.

Returns will be made using the following link after arranging the collection through tienda.online@kelme.es.

When returning the Product, the User must bear the direct cost of returning their order.

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

Once this communication is received, KELME's Customer Service team will contact the User to provide their incident number and explain how to proceed with the return.

In this regard, each Product to be returned must be in perfect condition, unused and with all its labels, packaging and, where applicable, documentation and original accessories that came with it, and must include the duly completed return form and a copy of the delivery note or invoice.

Once the Product has been received, KELME will refund the amounts paid as soon as possible and, in any case, within 14 calendar days of receipt of the Product at KELME's warehouses. Shipping costs will not be refunded.

If the User decides to exchange the size and/or colour of the Product they have purchased, they must notify KELME by email at: Tienda.Online@kelme.es, within 14 calendar days of receipt of the Product.

Once the email has been received, KELME will check whether the size and/or colour of the Product for which the User wishes to exchange is available.

As soon as KELME has verified such availability, it will contact the User to inform them of the availability of the requested size and/or colour of the Product, as well as the delivery time, if KELME has a Product with the characteristics requested by the User.

If KELME confirms to the User the availability of the Product to be exchanged, the User must send the Product to KELME's address so that KELME can check that the Product is in perfect condition.

The User is informed that the Product to be exchanged must be in perfect condition, unused and with all its labels, packaging and, where applicable, documentation and original accessories that came with it.

The delivery time for the new Product will depend on the actual availability of the product.

When the courier company delivers the Product to the User in accordance with the requested exchange, the User must hand over to the courier company the printed exchange confirmation document that KELME will send once it has confirmed that the Product to be exchanged is in perfect condition.

12.3 Order cancellation

KELME reserves the right to cancel or make changes to the technical characteristics and finishes of the products shown on this website, in accordance with technical changes or modifications made by the manufacturers. Kelme.com also reserves the right to modify these conditions of sale.

11.- Intellectual Property

11.1 Intellectual and Industrial Property relating to the Website.

All rights over the content, design and source code of this Website and, in particular, by way of example but not limitation, all rights over the photographs, images, texts, logos, designs, trademarks, trade names and data included on the Website and any other intellectual and industrial property rights are owned by KELME, or by third parties who have expressly authorised KELME to use them on its Website.

Therefore, and pursuant to Royal Legislative Decree 1/1996, of 12 April, approving the consolidated text of the Intellectual Property Act, regularising, clarifying and harmonising the legal provisions in force on the matter, as well as Act 17/2001, of 7 December, on Trademarks, and complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution and public communication, including making available, of all or part of the contents of the Website, in any medium and by any technical means, is expressly prohibited, except with the express written authorisation of KELME.

KELME does not grant any licence or authorisation to use, of any kind, its intellectual and industrial property rights or any other property or right related to the Website, and under no circumstances shall access to and browsing of the Website by Users be understood to imply a waiver, transfer, licence or assignment, in whole or in part, of such rights by KELME.

Any use of such content not previously authorised by KELME will be considered a serious infringement of intellectual or industrial property rights and will give rise to the liabilities established by law.

12.- Exclusion of liability

KELME gives no warranty and shall not be liable, under any circumstances, for damages of any nature that may arise from access to or use of the contents of the Website. Among others, and by way of example but not limitation, KELME is not responsible for the following circumstances:

1. The lack of availability, maintenance and effective operation of the Website and/or its services or contents, excluding, to the maximum extent permitted by applicable law, any liability for damages of any nature that may be due to the lack of availability or continuity of the operation of the Website.

2. The lack of usefulness of the Website or its contents for any purpose.

3. The content of other Internet pages to which links placed on the Website may lead.

4. The existence of viruses, or malicious or harmful programs on the Website.

5. Unlawful, negligent or fraudulent use of the Website or its contents by Users, or use contrary to these Terms and Conditions or to good faith, including any infringement of the Intellectual and/or Industrial Property rights of KELME or of third parties.

6. Incidents caused by the User's lack of due diligence or by improper use of the Website.

7. The publication through the Website of comments and opinions that infringe the rules set out in these Terms and Conditions, applicable legislation or the rights of third parties.

8. Cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Website as a result of power restrictions, blocking of telecommunications or the Internet network, acts or omissions of third parties, telecommunications operators or utility, supply or transport companies, or any other causes or circumstances beyond the control of KELME that prevent the normal use of the Website.

13.- Hyperlinks

The Website may contain hyperlinks that allow the User to access third-party websites. KELME assumes no responsibility for the content, information or services that may appear on such sites, which shall be understood as offered exclusively for informational purposes by KELME, and which in no case imply any relationship, acceptance or endorsement between KELME and the persons or entities that own such contents or the sites where they are located.

14.- Modifications

KELME reserves the right to make as many modifications as it deems appropriate to these Terms and Conditions, in which case Users will be notified.

These modifications will be valid from the moment they are published on the Website.

15.- Severability clause

All clauses or provisions of these conditions of use must be interpreted independently and autonomously, and the remaining provisions shall not be affected if one of them is declared null and void by a final court judgment or arbitral award. The affected clause or clauses shall be replaced by one or more that preserve the effects pursued by these Terms and Conditions.

If the customer has any complaint regarding the purchase made or the service offered by this Website, they may contact the company at any time using the following contact details: Tienda.Online@kelme.es

17.- Dispute resolution

These Terms and Conditions are governed by Spanish law. The parties, in accordance with Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, submit to the Courts and Tribunals of the User's place of residence.

18.- Out-of-court online dispute resolution

The User can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .

 

 

 

 

 

 

 

 

 

 

HOW TO USE THE WITHDRAWAL FORM

If you wish to withdraw from this contract, you must state your reasons and return the Product to us within 14 calendar days of receiving your order.

If you send the Product to us outside the established period, KELME reserves the right to refuse the package.

Below, we explain how to exercise the right of withdrawal:

1. Let us know your intention to return the Product using the form on the following page. The form must be correctly completed and sent to the following address:

 

New Millennium Sports, S.L. (KELME)

C/Nicolás de Bussi, 45

03203 Elche Parque Industrial

Alicante, Spain

 

E-mail: tienda.online@kelme.es

2. After receiving the withdrawal form you have sent to the address above, we will send to the email address you provide the information you need to return the purchased Product to us.

3. Once you receive these documents, the KELME customer service team will contact you to give you your incident number and explain how to proceed with the return.

4. Once we have received your package at our warehouses, your refund will be processed and confirmed by an email containing all the information relating to the transaction.

 

 

For more information, we recommend consulting the Terms and Conditions on our website, which detail the general conditions of sale of our Products.

 

ANNEX 1

PRODUCT WITHDRAWAL FORM

For the attention of:

New Millennium Sports, S.L. (KELME)

C/Nicolás de Bussi, 45

03203 Elche Parque Industrial

Alicante, Spain

 

E-mail: tienda.online@kelme.es

 

I hereby give notice 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 of order/date of receipt of the order]

-User's name:

-User's address:

 

User's signature (only if this form is submitted on paper):

 

[____] of [______] of [____].