TERMS & CONDITIONS APP

1. General information

The ownership of this website, www.arenal.be and www.arenal.nl (hereinafter Website) and Arenal App (hereinafter App) is held by: PADELWORLD BV, with registered office at 8200 Sint-Andries, Pierre Debbautstraat 6, registered in the Crossroads Bank for Enterprises under number 0761.625.984

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website and the purchase or acquisition of products and / or services therein and through the App (in forward, Terms & Conditions).

For the purposes of these Terms & Conditions it is understood that the activity that Arenal develops through the Website or the App includes:

Marketing and booking of paddle courts, tennis courts, paddle and tennis courses, squash courts, soccer5 courts and padbol courts.

In addition to reading these Terms & Conditions, before accessing, browsing and / or using this website or App, the User must have read the privacy policy. Arenal data protection. By using this Website or App or making and / or requesting the acquisition of a product and / or service through it, the User agrees to be bound by these Terms & Conditions and all of the above, so if you do not agree with everything Therefore, you should not use this Website or App.

Also, it is informed that these Terms & Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website or App, since those that are in force at the moment in which the acquisition of products and / or services is requested will apply.

For all questions that the User may have in relation to the Terms & Conditions, you can contact the owner using the contact information provided above or, via support@arenal.be.

2. The User

The access, navigation and use of the Website and App, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which they are accepted, since the navigation of the Website or App begins, all the Terms & Conditions herein established, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website and App. This responsibility will extend to:

Make use of this Website or App only to make inquiries and purchases or purchases legally valid.
Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities informed.
Provide truthful and legal contact data, for example, email address, postal address and / or other information.

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website or App.

The Website and App are aimed primarily at Users residing in Belgium and the Netherlands. Arenal does not ensure that the Website and App comply with the laws of other countries, either totally or partially. Arenal declines any responsibility that may arise from such access, nor does it ensure shipments or provision of services outside of Belgium and The Netherlands.

The User may formalize, at his / her option, with Arenal the contract for the sale of the desired products and / or services in any of the languages in which these Terms & Conditions are available on this Website.

3. Purchase or acquisition process

The duly registered Users can buy on the Website and App by the means and established forms. You must follow the online purchase and / or acquisition procedure of www.arenal.be and www.arenal.nl, during which several products and / or services can be selected and added to the cart, basket or final purchase space and finally click on “pay”

Likewise, the User must fill out and / or verify the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive a notification confirming that Arenal has received his order or request for purchase and / or provision of the service, that is, the order confirmation. In your case, this information may also be made available to the User through your personal space of connection to the Website or App.

Once the purchase procedure has been completed, the User consents that the Website or App generates an electronic invoice that will be available to the User via website or App.

The User acknowledges to be current, at the time of purchase, certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, image of it on your page of the Website of App, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / o cost of benefits; and acknowledges that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that take place during the transactions made on the Website or App may be archived and kept in the computerized records of Arenal with the purpose of constituting a means of proving the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that in this regard are applicable, and particularly in compliance with the LOPD and the rights that assist Users in accordance with the privacy policy of this Website.

4. Availability

All purchase orders received by Arenal through the Website or App are subject to the availability of the products and / or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and / or the provision of services. If there are difficulties in the supply of products or no products remain in stock, Arenal undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the rendering of a service becomes unrealizable.

5. Prices and payment

Arenal reserves the right to update their fees at any time and will provide the Client notice of any fee changes before they become effective.

The prices displayed on the Website and App are the final ones, in Euros (€) and include taxes, except that due to legal requirements, especially in relation to VAT, a different issue is indicated and applied.

In no case will the Website or App add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.

The means of payment accepted will be: Credit or debit card, vouchers / wallet.

Arenal uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website and App. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the bank issuing the same, if that entity does not authorize payment, Arenal will not be responsible for any delay or failure to deliver and may not enter into any contract with the User.

Once Arenal receives the purchase order from the User through the Website or App, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made at the moment in which the User is sent the confirmation of delivery and / or confirmation of the service that is provided in the form and, where appropriate, established place.

In any case, by clicking “pay” the User confirms that the payment method used is his or that, where appropriate, is the legitimate holder of the gift card or credit card.

6. Purchase bonus

The Wallet / vouchers is a means of payment, so the Wallet / vouchers holder can use it in accordance with the provisions of this document.
The balance available in the Wallet / vouchers will not generate any financial performance.
The Credit can not be sent and / or transferred to another User, it is for the exclusive use of each registered user. The Credit must be used exclusively by the User who has acquired it. The User agrees that Arenal, in its sole and sole discretion, has the right (but not the obligation) to remove or deactivate the User’s account, to block their email address or IP, or otherwise cancel the access or the use of the Service (or part thereof) by the User, immediately and without prior notification.

7. Technical means to correct errors

The User is informed that if he detects that an error has occurred when entering necessary data to process his purchase request on the Website or App, he may modify them by contacting Arenal. On the Website, and, where appropriate, through those authorized to contact the customer service, and / or using the contact information provided in the first clause (definitions). Likewise, this information could also be corrected by the User through his personal space of connection to the Website and App.

In any case, the User, before clicking on “pay”, has access to the space, cart, or basket where they are writing down their purchase requests and can make changes.

8. Cancellations

In cases where the User purchases products on or through the owner’s Website or App, they are assisted by a series of rights, as listed and described below:

Right of Cancellation

To exercise this right of withdrawal, the User must notify Arenal of its decision. You may do so, where appropriate, through support@arenal.be.

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to desist from the purchase contract.

To comply with the withdrawal period, it is enough that the communication that unequivocally expresses the decision to desist is sent before the corresponding deadline expires.

In case of withdrawal, Arenal will reimburse the User for all payments received, without any undue delay and, in any case, no later than 14 calendar days from the date on which Arenal is informed of the decision to cancel by the User.

Arenal will reimburse the User by adding value to their Wallet / vouchers. This refund will not generate any additional cost to the User.

In this same sense, the provision of a service that the User could contract on this Website or App is governed, since this same Law establishes that the Right of withdrawal will not attend Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the acknowledgment on his part that he is aware that, once the contract has been fully executed by Arenal, he will have lost his right of withdrawal.

9. Disclaimer of liability

Unless otherwise provided by law, Arenal will not accept any liability for the following losses, regardless of their origin:

any losses that were not attributable to any breach on your part,
Business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), or
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.

Likewise, Arenal also limits its responsibility in the following cases:

Arenal applies all measures concerning to provide a faithful display of the product on the Website or App, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or browser problems that are used or others of this nature.
Technical failures that due to fortuitous causes or of App nature, prevent a normal operation of the service through the internet. Lack of availability of the Website or App for maintenance or other reasons, which prevents the availability of the service. Arenal puts all the means at its disposal in order to carry out the process of purchase, payment and delivery / delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.

In general, Arenal will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when the same is due to events that are out of our reasonable control, that is to say, that they are due to force majeure, and this may include, but not limited to:

Strikes, lockouts or other industrial action.
civil onmoción, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or any other natural disaster.
Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Arenal will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure event. Arenal will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.

10. Indemnity

All the actions you make and information you post on Arenal remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents, harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

any negligent acts, omissions or willful misconduct by you;
your access to and use of the Website or App;
the uploading or submission of Content to the Website or App by you;
any breach of these Terms by you; and/or
your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

The foregoing provision does not require you to indemnify Arenal Group for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or App.

11. Written communications and notifications

By using this Website or the App, the User accepts that most of the communications with Arenal are electronic (email or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications that Arenal sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with Arenal through the contact data provided in these Terms and Conditions.

Likewise, unless otherwise stipulated, Arenal may contact and / or notify the User in his / her email or at the postal address provided.

12. Waiver

No waiver by Arenal of a specific right or legal action or lack of requirement by Arenal of strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Terms & Conditions, nor will it exempt the User of the fulfillment of his obligations.

No waiver by Arenal of any of these Terms & Conditions or of the rights or actions arising from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

13. Nullity

If any of these Terms & Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

14. Complete agreement

These Terms & Conditions and any document to which express reference is made in these constitute the entire agreement between the User and Arenal in relation to the object of purchase and replace any other agreement, agreement or prior promise agreed verbally or in writing by the same parts.

The User and Arenal acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is expressly mentioned in these Terms & Conditions.

15. Data protection

The information or personal data that the User provides to Arenal in the course of a transaction on the Website or App will be treated in accordance with the provisions of the data protection policies (Privacy Policy, which can be consulted at: https://arenal.be/privacy-policy).

16. Applicable legislation and jurisdiction

The access, navigation and / or use of this Website or App and the contracts to purchase products through it will be governed by Belgian legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website or App, or with the interpretation and execution of these Terms & Conditions, or with the sale agreements between Arenal and the User, will be submitted to the non-exclusive jurisdiction of Belgian courts and tribunals.

17. Complaints and claims

The User can send to Arenal their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Terms & Conditions (General Information).

Likewise, if from the conclusion of this purchase contract between Arenal and the User emanates a controversy, the User as a consumer may request an extrajudicial settlement of disputes, in accordance with Regulation UE Nº 524/2013 of the European Parliament and of the Council, of May 21, 2013, on resolution of online litigation in consumer matters and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC. You can access this method through the website: http://ec.europa.eu/consumers/odr/.

All the actions you make and information you post on Arenal remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

any negligent acts, omissions or willful misconduct by you;
your access to and use of the Website or App;
the uploading or submission of Content to the Website or App by you;
any breach of these Terms & Conditions by you; and/or
your violation of any law or of any rights of any third party.