TERMS AND CONDITIONS OF SALE (“TERMS AND CONDITIONS”)

Version 2018-1; published and effective as of September 1, 2018

These General Terms and Conditions establish the terms of sale between any person who wishes to make a purchase of Altovalle 2019 products (“Products”) on the website www.kustomskis.com (the “Online Store”) and Altovalle 2019 SL, a Spanish company registered under number B88466214, with headquarters at C/ Olinda 17, 18197 Granada, Spain (collectively “Kustom Sports”, “we” or “us”, depending on the context).

ABOUT THESE TERMS AND CONDITIONS

These Terms and Conditions only apply to purchases made in the Online Store.
We may change these Terms and Conditions from time to time. We will state their effective date above. Any changes to the Terms and Conditions will apply to orders placed on or after the effective date.

BY PLACING AN ORDER FOR PRODUCT(S) YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS .

1. PLACING AN ORDER
   1.1. Please note that orders can only be placed by non-commercial individuals. We will not accept orders from companies, associations, independent contractors, or any other type of legal entity.
   To purchase the product(s), you must:
   Provide your name and address, phone number, email address, payment details, and other required information.
   be at least 18 years old
   have their place of residence in the United Kingdom

If you order ski bindings, in addition to the above, you must provide the following information to mount the bindings on the skis:

• Age
• Skiing level
• Height (in centimeters)
• Weight (in kilograms)
• The length of the sole of your ski boots that will be used with the bindings (in millimeters)
• The binding mounting position you expect

PLEASE NOTE THAT YOUR BINDINGS ARE NOT ADJUSTED BY US. PLEASE CONTACT A SPECIALIST TO FIT THE BINDINGS TO YOUR SKI BOOTS AND TEST THEM WITH THE APPROPRIATE TESTING DEVICE BEFORE ANY USE. YOUR BINDINGS SHOULD NOT BE USED BEFORE THIS ADJUSTMENT.

1.2. If you have created an account with a personal user ID and password, keep your password secure at all times and do not disclose it to anyone else, as you are personally responsible for every purchase made with your user ID and password.

2. ORDER PROCESSING AND CONTRACT CONCLUSION
You agree that your order constitutes an offer to purchase the Products listed in your order under these Terms and Conditions. All orders must be accepted by us.

We may choose not to accept orders at our sole discretion, and in particular, unusual orders, orders we suspect are not placed in good faith, orders not placed by individuals, or orders for customized products when the components are unavailable. We are not required to provide a reason for refusing any order, although we may do so at our sole discretion.

After receiving your order, if we accept it, we will send you an order confirmation by email with your order number and details of the Products you have ordered and the Terms and Conditions.

The contract will be concluded when you receive the order confirmation email.
You are responsible for the accuracy of the details you provide to us.

Your order confirmation email is your proof of purchase, please keep it as we will not archive your contract.

3. PRICES, SHIPPING COSTS AND TAXES
The price charged for a Product will be the price in effect at the time the order is placed and will be indicated in the order confirmation email.

We may change prices at any time without prior notice. Price increases will only apply to orders placed after such changes.
Product prices include VAT or other applicable taxes, but do not include shipping costs.
Separate charges for shipping, handling, and VAT or other related taxes will be displayed in the Online Store during the ordering process and, in any case, in the order confirmation email.

4. DELIVERY
We deliver the product(s) only within the European Union and the United Kingdom, subject to the following restrictions:
We cannot deliver to:
Post office box addresses,
Overseas Army Commands,
Hotels and hostels,
Prisons, and Guernsey, Anguilla, Ascension Island, Bermuda, British Indian Ocean Territory, British Antarctic Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Isle of Man, Jersey, Montserrat, Pitcairn Islands, Saint Helena, South Georgia and the South Sandwich Islands, Turks and Caicos Islands.
The delivery options are as follows:

Standard : Estimated delivery time of 2 to 3 business days

The delivery time, as well as the delivery option you chose, will be confirmed in the order confirmation.
The delivery time will not exceed 30 days, unless you specifically agree to a later date.

If you order any customized product(s), the manufacturing time for those customized product(s) will be added to the shipping time of the selected delivery option. The maximum delivery time for customized products is 10 weeks.

If you unjustifiably delay delivery or fail to receive the order after we have notified you that we have attempted to deliver the ordered Product(s), or if you have provided us with an incorrect delivery address resulting in a failed delivery, the delivery package will be returned to us. If the Products remain undelivered after the first delivery attempt for a period of 7 working days and are returned to us undelivered, we will be entitled to cancel the contract and refund your money in accordance with Section 9.

We will not be held liable for any delay in delivery or failure to perform if the delay or failure is not due to our fault or on our account in accordance with the law or generally accepted principles.
We encourage you to inspect the delivery package and the products received within 14 days of delivery and check their condition and that the contents of the package are complete. If any product(s) are damaged or missing, please contact our customer service department.

5. PRODUCT AVAILABILITY
We do not guarantee the availability of any product in the online store. Unless we have accepted your order, we reserve the right, without liability or prior notice, to change, discontinue, or cease making any product(s) available.

6. COMPATIBILITY, PRODUCT INFORMATION
Please take care when ordering to ensure that the product(s) you are purchasing are compatible with your intended use. Please use the Online Store as your final reference point when checking compatibility. In the event of any discrepancy between the content of the Online Store and any other website (or any other source of information), the compatibility of the Products as displayed in the Online Store at the time of purchase will prevail.

7. PAYMENT
Payment can be made by Credit card (Visa/Mastercard) and Paypal.All payments will be subject to security checks. Therefore our services may contact you to confirm your order information and order details such as proof of address, proof of address in the name of the person indicated for the delivery address etc.

8. RETURNS AND REFUNDS
Please note that we will only process returns and refunds for products purchased in the online store.

Right of cancellation: If you have purchased Products for your private use as a consumer and wish to exercise your right to cancel the contract and return the Products, you may do so provided you complete the return procedure on our online platform within 14 days of the date you receive the Products.

To exercise your right to cancel and return the products, please refer to the return form you received with your package and complete the return procedure on our online platform.

You may only return products that you have handled with reasonable care and have not used beyond what is necessary to establish their nature, characteristics, and functioning. You will be responsible for any diminished value of the products resulting from your handling of them beyond what is necessary to establish their nature, characteristics, and proper functioning.

PLEASE NOTE THAT YOU CANNOT EXERCISE THIS RIGHT OF CANCELLATION WITH RESPECT TO:
-ANY PRODUCT(S) THAT HAVE BEEN MANUFACTURED TO THE CONSUMER'S SPECIFICATIONS OR CUSTOMIZED (THIS INCLUDES, WITHOUT LIMITATION, SKIS AND BINDINGS THAT HAVE BEEN MOUNTED AND ADJUSTED TO THE SKIER),

Once we have received your online statement to cancel the contract, we will send you a confirmation email.

You must then return the product(s) without undue delay and, in any event, no later than 14 days from the date on which you notified us of your decision to withdraw from the contract. You will bear the direct costs of returning the product(s).

Return procedure
You must return the product(s) in their original packaging. This includes all accessories, user manuals, and any gifts that came in the same package. If a product was purchased as part of a multi-product bundle, all products within that bundle must be returned. Please handle the products with reasonable care and return them in the condition in which they were delivered to you. Please pack the products securely and ensure your order number is clearly visible on the outside of the package. To ensure a prompt and safe return, we encourage you to follow the return instructions.

We will refund the price you paid for the product(s) plus the initial shipping cost within 2 days of receiving the returned items at our warehouse. If you selected express shipping, only the initial standard shipping cost will be refunded.

The refund will be confirmed by email. Payment will be made using the same payment method you used for the initial transaction.

If you return product(s) 1) that you are not entitled to return, 2) that you have damaged or used in a manner beyond what is necessary to establish the nature, characteristics and functioning of the product(s), or 3) with the product(s) missing, or 4) that you have otherwise failed to exercise reasonable care in caring for and returning the product(s), we reserve the right to refuse your return and refuse to refund or reduce any payment due to you by the diminished value of the product(s), subject to applicable law.

Other return cases : If the Products you have received do not correspond to those you ordered, or if your delivery is incomplete or damaged in transport, please contact our customer service department without delay, either by email or telephone, for assistance.

9. STATUTORY GUARANTEES AND RIGHTS
We offer you a legal guarantee in accordance with the laws of Spain.
We will ensure that our products meet the basic standards required by applicable legislation and, in particular, we will ensure that our products are of satisfactory quality and match the description we have provided to you. If we deliver a product that is not of satisfactory quality, does not match the description we have provided, or does not comply with your statutory rights, you can contact us for a repair or replacement, or, where this is not possible or disproportionate, a refund.
Our warranty policy for products is available on our website, in the warranty policy section.

As a consumer, you have legal rights regarding products that are defective or not as described. Please note that our warranty policy does not affect (and should not be interpreted as affecting, excluding, limiting, or suspending) any of your legal rights.

If you believe you are entitled to warranty services, please contact our customer service department.

10. PERSONAL DATA
The privacy policy available on our website and the additional provisions of these Terms and Conditions govern the use of your personal data. Purchasing products from the Online Store requires your acceptance of the privacy policy and the processing of personal data as described therein.
We will take reasonable care to keep your order and payment details secure, but we cannot guarantee that a third party will not be able to gain unauthorized access to any data you provide when accessing or placing an order on the website.

11. OUR RESPONSIBILITY
We will fulfill our obligations under these Terms and Conditions with reasonable care and skill.
There are certain liabilities that we cannot exclude under applicable law. In particular, nothing in these Terms and Conditions limits our liability for personal injury or death caused by our negligence or our liability for fraud. You have certain legal rights as a consumer, including legal rights relating to defective or misdescribed products. Nothing in these Terms and Conditions will affect these legal rights.

We are only liable for losses that are a natural and foreseeable consequence of our breach of these Terms and Conditions. We will not be liable if we are prevented or delayed in performing our obligations by anything you (or anyone acting on your behalf) do or fail to do, or due to events beyond our reasonable control.
You must follow any advice we give you regarding the Products (including instructions, user guides, and/or manuals provided with the Products). We do not accept liability for damage to Products we have supplied when it is caused by your failure to follow our advice.
You must ensure that the Products you order are suitable for your purposes. In particular, we will not be responsible for ensuring that the Products are suitable for your intended purposes unless you have informed us of those purposes before entering into the contract and we have given our consent.

We do not guarantee that the Online Store will meet your requirements or that it will be uninterrupted, timely, or error-free, or that the site or the server that makes it available will be free of viruses or errors, or that it will represent the complete functionality, accuracy, and/or reliability of the Online Store. We will not be liable for any loss of content or material uploaded or transmitted through the Online Store.

Custom product design:
We make every effort to fulfill your design wishes by incorporating your personal content into the customized product. However, we may need to make some modifications for technical reasons (for example, compressing the format of photos and images to fit the product dimensions).

We exclude any liability for the legal admissibility of the personal content you provide, particularly photos, images, and texts for which you are solely responsible. Please ensure that the personal content you wish to provide complies with all applicable laws and regulations and does not infringe any third-party rights (in particular, any personality rights, copyrights, etc.). If we have reason to suspect that the content you provide infringes applicable laws and regulations or the rights of third parties, we are entitled to reject such content and terminate the agreement.

12. GENERAL
The online store may only be used for lawful and legal purposes. You agree to comply with all applicable laws, statutes, and regulations regarding the online store and any transactions made on or through the online store.

If any provision or provisions of these General Terms and Conditions are deemed invalid, illegal, or unenforceable, such provision shall be enforced to the extent permitted by applicable law, and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.

Regarding purchases from the Online Store, we will communicate electronically by sending an email or an electronic message.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS DO NOT AFFECT (AND SHOULD NOT BE INTERPRETED AS AFFECTING) YOUR STATUTORY RIGHTS, WHICH CANNOT BE WAIVED OR LIMITED BY CONTRACT.

13. CUSTOMER SERVICE
Our Customer Service team will assist you with any questions related to online store orders. You can contact us by email or phone Monday through Friday between 9 am and 6 pm, excluding public holidays.
By phone: +34 91 411 34 09
By email: garroyo@kustomsports.com

14. GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with the laws of Spain.
Any dispute and claim arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the Spanish courts to which you and we submit.