GENERAL TERMS AND CONDITIONS OF CONTRACT

These general terms and conditions of contract, together with, if applicable, any particular conditions that may be established, will expressly regulate the commercial relationships between GOLFY APP, S.L. (hereinafter, GOLFYAPP) and the client who contracts products and/or services offered through this website.

Customers are informed that GOLFYAPP reserves the right to modify these general terms and conditions of contract at any time, as well as, if applicable, any particular conditions that may be established, respecting in any case the current general conditions at the time of contracting by the client. In any case, after modification, inclusion, and/or substitution, the acceptance of these by the client will be necessary.

It should be noted that the client is subject to these general terms and conditions of contract, together with, if applicable, any particular conditions that may be established, in force at each of the moments when the corresponding contracting is carried out. The acceptance of these conditions, or where applicable, together with the particular conditions, will be necessary for the contracting of products and/or services. It is highlighted that the temporal validity of the general conditions and, where applicable, the particular conditions, coincides with the time of their exposure on this website, and, in any case, respecting the previous conditions accepted by the client at the time of contracting. The new general conditions, or where applicable, particular conditions, will apply from the moment they are made available to the client through this website.

These conditions have been drawn up in accordance with the provisions of Law 34/2002, on services of the information society and electronic commerce, Law 7/1998 on General Conditions of Contracting, Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, Law 7/1996 on Retail Trade Organization, and any other legal provisions applicable.

The client, by accepting the general conditions, declares to know and accept the procedures outlined here as necessary to proceed with the contracting of products and/or services, becoming binding.

In case of contradiction between the general conditions and the particular conditions, the particular conditions shall prevail. For the rest of the clauses that do not present any incompatibility, what is established in the general terms and conditions of contract shall apply.

Website Owner Identification

1. Contracting Parties

The electronic contracting process through the website Golfyapp.com will be carried out between the customer and GOLFYAPP.

A "customer" of this website is considered to be any consumer who is a natural person, of legal age (over 18 years old), resident in the territory of the European Union, and has a tax domicile in this territory, or legal entities that demonstrate their status and accept these terms and conditions, as well as any applicable specific conditions. The contracting of services and products is expressly prohibited for minors, users who are not legally resident in the European Union, as well as for those users who do not comply with the general or specific conditions or when current legislation does not allow it.

2. Pre-contractual Information

All customers can view, classified by categories and subcategories, all products offered for purchase within the website. By clicking on each of them, the customer can access a complete product sheet where a brief description, availability, available discounts, price, and specifications will be indicated.

All prices are shown in euros and include applicable VAT and/or any other applicable taxes. These prices will be valid at all times, except for any manifest typographical errors.

3. Phases of the Contracting Procedure

The procedures for purchasing products will be shown on the screen at all times and described in these General Conditions. Customers can register as members of GOLFYAPP during the appropriate subscription process. They can also enjoy promotional benefits in case of ongoing promotions.

To proceed with the subscription, the customer must validate the shopping cart, which will show the details of the selected offer, including the price. Note that the user can modify the contents of the shopping cart as they see fit. The customer can preview the shopping cart with the selected subscription and pending payment in the upper right corner of the website. If the customer wishes to see their order in more detail, they can validate the shopping cart as many times as they deem necessary. From there, they can choose to continue selecting items or confirm their order.

The customer, through the shopping cart screen, can use any discount voucher or gift card that GOLFYAPP has provided them with as a result of a promotion, draw, or other circumstance. To validate it, they must click on "Redeem Code" and the discount will be displayed in the price breakdown, as long as it is still valid according to these general conditions or, if applicable, the specific conditions.

Once the customer has validated the shopping cart, they must complete the information as requested and select, if applicable, the billing address, as well as indicate the payment method they wish to use. Likewise, they must accept these general conditions of contracting by checking the appropriate box. If this box is not checked, the website will not allow the contracting process to continue.

The user is hereby informed that the preferred channel for operational communications regarding the execution of the subscription shall be the application's push notification system. The user may manage these notification permissions at any time through their device settings.

Payment System

Payment can be made through Stripe. The customer can choose the payment method once they provide billing information. Payments will be subject to the following conditions:

• Payment via bank card will be made through a payment gateway managed by a banking entity with a secure server certified according to the SSL protocol. The bank details entered are encrypted and securely transmitted to the banking entity's services and then verified with the issuing bank to prevent possible fraud and abuse. GOLFYAPP does not have access to the bank details or the bank card used by the customer to make the purchase.

• All payment methods provided by GOLFYAPP are subject to checks and authorizations by payment method issuing entities. If the payment entities do not authorize the payment, the contracting process cannot continue, and the order will be canceled, with the product and/or service not being contracted. Note that the final price of the contracting, including any applicable taxes, will be charged at the time of formalizing the contracting.

GOLFYAPP will send the customer an email within a maximum period of 24 hours from the moment the payment of the contracting is effectively made by the customer, indicating a summary of the contracting. This email will be considered a "contracting receipt".

By accepting this legal text, the customer agrees to receive invoices derived from the timely contracting in electronic format. If the customer wishes to receive a paper invoice, they must send their request to the email address atencioncliente@golfyapp.com or contact GOLFYAPP through the telephone number 691 226 747.

If the amount of the contracting has been fraudulently or improperly charged using the bank card number, the customer has the right to demand the immediate cancellation of the charge. However, if the contracting has indeed been made by the customer who is the cardholder and the demand for a refund is not a consequence of having exercised the right of withdrawal or resolution, the customer will be obliged to compensate the entrepreneur for the damages caused as a result of said cancellation.

4. Right of Withdrawal

In accordance with the provisions of Article 102 of the Consolidated Text of the General Law for the Defense of Consumers and Users, the customer will have a period of up to fourteen (14) calendar days from the receipt of the product to exercise their right of withdrawal, without stating any reason.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement to the address Calle Peña Santa, 18, in the city of Madrid (Postal Code 28034 - Madrid); or by email to the address atencioncliente@golfyapp.com. For this purpose, you may use the withdrawal form template included in Annex 1 of these general terms and conditions.

In the event of withdrawal on your part, all payments received from you will be refunded. It will be necessary to attach a copy of the invoice.

The refund will be made without undue delay and in any case no later than fourteen (14) calendar days from the date on which the decision to withdraw from the contract was effectively and unequivocally communicated, provided that the products and/or services subject to withdrawal have been clearly identified, as indicated in this document.

The refund will be made using the same payment method that was used.

The exercise of the right of withdrawal will extinguish the obligations of the parties to execute the contract.

Please note that the right of withdrawal does not apply to:

In accordance with Article 103.a) of the Consolidated Text of the General Law for the Defense of Consumers and Users, the right of withdrawal will not apply when the provision of services has been fully executed, when the execution has begun with the prior express consent of the consumer and user, and with their acknowledgment that they are aware that once the contract has been fully executed by the trader, they will have lost their right of withdrawal. The execution of the service will be considered to have commenced when the user sends a video for evaluation through GOLFYAPP.

5. Product Warranty

If the Product or Products purchased present a lack of conformity by not corresponding to the characteristics offered, have defects that prevent their normal use according to their nature, or do not offer the described benefits for the same, the Customer will have the right to the repair or replacement of the purchased good within a period of three years from the date of purchase, as stipulated in Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, and under the conditions and with the means of proof regulated in the same legal text, without prejudice to the powers of the Point of Sale to verify the truthfulness of the defects, their origin, and the time of their appearance.

Likewise, it should be noted that the customer has the right to the repair or replacement of the good following the rules of Articles 120 and following of the Consolidated Text of the General Law for the Defense of Consumers and Users. In any case, the regulations established by the applicable legislation on the warranty of consumer goods will apply. If the product is defective, GOLFYAPP will be responsible whenever possible for replacing the product, at no cost to the Customer. If, due to availability reasons, it is not possible to replace the product, the entire purchase will be refunded.

6. Customer Service

If you have any questions, you can reach us at atencioncliente@golfyapp.com or call us at (+34) 691 226 747 during the following hours of operation: Monday to Thursday from 9:00 a.m. to 6:00 p.m. and Friday from 9:00 a.m. to 2:00 p.m.

7. Data Protection

The customer is informed that the personal data requested to carry out the contracting of products and/or services on this website will be processed for the purpose of managing the contractual relationship, providing timely services, and managing its accounting, tax, or administrative matters.

Likewise, it is informed that, in accordance with the provisions of section 2 of article 21 of Law 34/2002, of July 11, on services of the information society and electronic commerce, in relation to what is established in letter b of section 1 of article 6 of the European Union Data Protection Regulation, your data will be processed for the purpose of managing the sending of commercial, promotional, or advertising communications of our services and products, including the sending of Newsletters.

Personal data will be kept until they are no longer necessary or relevant for the purpose for which they were collected or registered in our files. Subsequently, personal data meeting this condition will be deleted, unless there is a legal provision of sufficient rank to enable their retention. It should be noted that personal data will be deleted when the right to delete them is exercised, unless there is a legal provision of sufficient rank to enable their retention.

Similarly, it is informed that the data that GOLFYAPP may have collected and included in its files will be communicated to companies associated with GOLFYAPP that perform data processing functions, for the same purposes for which they were collected. Likewise, it is informed that personal data necessary will be made available to the transport and logistics company responsible for delivering the contracted product and/or service, if the home delivery option has been selected.

It is informed that the legal basis for the processing of your personal data is the contractual relationship. It is informed that the legal basis for the processing of personal data for the purpose of sending commercial communications is legitimate interest. The personal data contained in this document will also be processed to comply with the relevant legal obligations.

At any time you may exercise your rights of access, rectification, erasure, portability, limitation or opposition to your processing by sending a request, proving your identity, to Calle Peña Santa 18, 2 A, Derecha in the town of Madrid (28034 – Madrid), or via email to privacidad@golfyapp.com.

Likewise, it is informed that a complaint can be lodged with the Spanish Data Protection Agency if you believe that the rights set out in this privacy policy are violated or if you believe that the processing of personal data concerning you infringes Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, and the Organic Law on Personal Data Protection.

The customer declares that the personal data provided is true, assuming full responsibility for any possible consequences. The customer must communicate to GOLFYAPP any updates or modifications to the personal data provided. Otherwise, GOLFYAPP cannot be held responsible for their accuracy or for the provision of the services provided by it.

For more information about our privacy policy, please refer to the section provided for this purpose on this website.

8. Integrity and Safeguard of these General Terms and Conditions of Contract

Each of the provisions of these general terms and conditions of contract, or, where applicable, the particular conditions, shall be interpreted separately and independently of the others. In the event that any clause is deemed invalid or unenforceable under any legal rule or is declared void by any court, tribunal, legal provision, or administrative authority, such nullity shall only affect said clause and not the integrity and existence of these conditions, with the remaining provisions retaining full validity.

9. Applicable Law. Submission to Jurisdiction

These general terms and conditions, and where applicable, the particular conditions, shall be governed and construed in accordance with the current Spanish legislation.

The parties expressly submit, for any issues or divergences that may arise regarding the interpretation, compliance, and execution of this contract, to the jurisdiction and competence of the Courts and Tribunals corresponding to the consumer's domicile or to those of the place of performance of the contractual obligation.

In the case of a contract entered into by a company acting within the scope of its business or commercial activity, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Madrid (Spain).

10. Information on Online Dispute Resolution/Consumer Arbitration

In accordance with Regulation (EU) 524/2013, applicable throughout the European Union, the European Commission provides an online dispute resolution platform, which GOLFYAPP makes available to customers of this website at the following link: http://ec.europa.eu/consumers/odr

Through this link, customers of the Website can access the European Platform for Online Dispute Resolution (ODR). In the event that the customer has experienced a problem with an online purchase or service provision, they may use this medium to file any complaint related to such purchase or service provision, as well as opt for the extrajudicial resolution of the conflict arisen.

Annex 1 — Withdrawal form: Download Annex 1 (PDF)

Legal text developed by:
Área Digital Abogados, S.L.P.
areadigitalabogados.es