GENERAL TERMS AND CONDITIONS

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER implies the USER's acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in writing in advance by the PROVIDER.

2. SERVICE PROVISION

The PROVIDER will not send any order voucher until it has verified that the payment has been made.

The service will be carried out on the dates and conditions described in the specific service contracted by the USER. The product starts with some basic packaged services from which the USER may add extra services at will, each extra service selected will raise the price of the service.

Once the course is contracted, it is not allowed to cancel it, nor to return the course.

A cancellation and assistance insurance is included in the programme, which covers various situations that could prevent participation in the contracted programme.

This insurance is designed to be activated in case the client, for a reason covered in the policy (such as illness, accident, among other justified contingencies), is unable to attend or continue with their participation.

In case of requiring the activation of the insurance, the client must contact our customer service team and present the corresponding documentation that justifies the cause of the cancellation, according to the conditions established by the insurer.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to proceed to make the return and / or claim the possible vices or defects that the service presents, both in online and offline mode.

The USER has a period of fourteen calendar days, counted from the date of contracting the service, for the return of the service.

The refund will be processed by the same method of payment that the USER contracted the service.

The right of withdrawal may not apply when they are personalised services, the date of service has started or those who, for reasons of hygiene or other exceptions provided by law, are not susceptible to this right.

4. CLAIMS

Any claim that the USER deems appropriate will be dealt with as soon as possible and can be submitted via the following contact details:

• Postal address: MARCET KNOWLEDGE Muntaner 462 principal 1ª 08006 Barcelona (Barcelona)
• Phone: (+34) 93 428 45 00
• Email: info@fundacionmarcet.com

Online Dispute Resolution (ODR)

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for the resolution of online disputes between USER and PROVIDER without the need to go to court. This is done through a neutral third party (Dispute Resolution Body) that acts as an intermediary, facilitating communication and proposing and/or enforcing a solution.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

Neither party shall be held liable for any failure due to force majeure. Fulfilment of the obligation shall be delayed until the force majeure situation ceases.

6. JURISDICTION

The USER may not assign, transfer, or convey the rights, responsibilities, and obligations obtained under the contract.

If any provision of these conditions is deemed null or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected in any way.

The USER declares to have read, understood, and accepted these General Terms and Conditions in their entirety.

7. GENERALITIES OF THE OFFER

All sales and service deliveries by the PROVIDER are subject to these General Terms and Conditions.

No modification, alteration, or agreement contrary to the Commercial Proposal of Marcet Knowledge or to these terms shall have effect unless expressly agreed in writing and signed by the PROVIDER. In such a case, these specific agreements will prevail.

Due to ongoing technical advancements and improvements to services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the value of the offered services. These modifications will also be valid in case of any circumstances that affect the delivery capability of the offered services.

8. PRICE AND OFFER VALIDITY PERIOD

The prices listed for each service include Value Added Tax (VAT) or other applicable taxes, unless otherwise indicated.

These prices do not include shipping costs, handling, packaging, insurance, or any other additional or associated services unless otherwise stated.

Prices applicable to each service are those published on the website and are displayed in EURO currency. The USER acknowledges that the economic valuation of some services may vary in real time.

Before completing the purchase, the USER will be able to review all details of the quote online: services, quantities, price, availability, costs, charges, discounts, taxes, and total purchase amount. Prices may change daily until the order is placed.

Any payment made to the PROVIDER implies the issuance of an invoice in the name of the registered USER or the company name provided at the time of ordering. This invoice will be sent by email to the address provided by the USER, together with the contracted service

For any information regarding the order, the USER may contact the PROVIDER’s customer service at (+34) 93 428 45 00 or via email at privacidad@fundacionmarcet.com.

9. TRANSPORT COSTS

There are no transport costs.

10. PAYMENT METHODS, CHARGES, AND DISCOUNTS

The PROVIDER offers the following payment methods for order processing:

• Bank Transfer
• Credit Card (Visa or Mastercard)

11. PURCHASE PROCESS

Cart (quotation simulation)

Any service from our catalogue can be added to the cart. In the cart, only the services, quantities, prices, and total amount will be shown. Once the cart is saved, taxes, charges, and discounts will be calculated accordingly.

The cart has no administrative binding and is simply a section to simulate a quote with no commitment from either party.

From the cart, a quote can be converted into an order by completing the following 4 steps:

1. - Verification of billing information.
2. - Verification of delivery address.
3. - Selection of payment method.
4. - Finalise the order (purchase).

Once the quote is submitted, the system immediately sends an email to the PROVIDER’s management department.

Orders (purchase requests)

Within a maximum of 24 business hours, an email will be sent confirming the status of the order and the delivery date.

12. APPLICABLE GUARANTEES

All services offered through the website come with a two-year warranty period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

13. WARRANTIES

The warranty for the services offered shall comply with the following articles, based on Law 23/2003, of 10 July, on Guarantees in the Sale of Consumer Goods:

Conformity of the services with the contract

1. Unless proven otherwise, the services shall be deemed to conform to the contract provided that they meet all of the requirements set out below, except where, due to the circumstances of the case, any of them is not applicable:

a) They match the description provided by Marcet Knowledge.

b) They are suitable for the purposes for which services of the same type are ordinarily used.

c) They are suitable for any special purpose required by the client, where the client made it known to Marcet Knowledge at the time the contract was concluded, provided that Marcet Knowledge accepted that the service is suitable for that purpose.

2. There shall be no liability for any lack of conformity of which the USER was aware, or could not reasonably have been unaware, at the time the contract was concluded, or which originates from services supplied by the USER.

14. DELIVERY OF ORDERS (PRODUCTS)

The PROVIDER will not deliver any order until it has verified that payment has been made.

Products will be delivered in person at the sports facilities where the courses are held. At the USER's request, they may be sent by COURIER (MRW, DHL, SEUR, UPS, STD, etc.) to the destination freely designated by the USER, who will bear the cost of shipping.

Delivery dates will coincide with the dates of the courses in which the USER takes part; a delay shall not constitute a material breach.

If the PROVIDER has not delivered the goods within 30 days of the start date of the course for which the products were purchased, the client shall be entitled to cancel the order and receive a refund of the full amount paid at no cost, without this giving rise to any liability for damages attributable to the PROVIDER.

In the case of shipments, the PROVIDER shall not be liable where the product or service cannot be delivered because the details provided by the USER are false, inaccurate or incomplete.

Delivery shall be deemed to have taken place when the carrier has made the products available to the USER and the USER, or the USER's representative, has signed the delivery receipt.

It is the USER's responsibility to inspect the products upon receipt and to state any reservations and claims that may be justified at the time the products are received.

15. RIGHT OF WITHDRAWAL (PRODUCTS)

The USER has the same rights and time limits to return the product and/or claim for any faults or defects it may have, whether the purchase was made online or offline.

The USER has a period of fourteen calendar days from the date of receipt of the product to return it (Article 71 of Law 3/2014, of 27 March). Unless the return is due to defects in the product, shipping costs shall be borne by the USER. The product must be returned in its original packaging and in perfect condition.

The right of withdrawal shall not apply in the following cases:

• If the product is not in perfect condition.
• If the product packaging is not the original packaging or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition; the use of seals and adhesive tape applied directly to the packaging is prohibited.
• When the product has been opened and it cannot be shown that it has not been used.
• When the USER does not present the receipt/proof of payment for the product.

16. PRICE AND OFFER VALIDITY PERIOD (PRODUCTS)

The prices shown for each product include Value Added Tax (VAT) or any other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping, handling, packaging, shipping insurance or any other services additional or ancillary to the product or service purchased.

The prices applicable to each product are those published on the website and are expressed in EURO. The USER acknowledges that the economic valuation of some products may vary in real time.

Before making the purchase, the USER can check all the details of the quote online: items, quantities, price, discounts and the purchase total. Prices may change daily until the order is placed.

Once the order has been placed, prices will be maintained whether or not the products are available.

Any payment made to the PROVIDER entails the issue of an invoice in the name of the registered USER or of the company name provided by the USER when placing the order. This invoice will be handed over in person, together with the product, when it is collected by the USER.

For any information about the order, the USER may contact the PROVIDER's customer service on 934 28 45 00 or by email at info@fundacionmarcet.com.

17. TRANSPORT COSTS (PRODUCTS)

Prices do not include shipping or communication costs, installation or complementary services, unless otherwise expressly agreed in writing.

If the USER expressly requests that the purchased product be sent by post, transport costs shall be borne by the USER and will be calculated at the time of shipping, as they depend on the weight of the products and the delivery address.

The maximum transport rates applied are as follows:

• Mainland Spain up to 5 kg: €18
• Mainland Spain from 5 kg to 10 kg: €34
• Mainland Spain over 10 kg: €65
• Outside mainland Spain up to 5 kg: €53
• Outside mainland Spain from 5 kg to 10 kg: €90.46
• Outside mainland Spain over 10 kg: €115

Rates may vary if express delivery is requested.

18. PAYMENT METHODS, CHARGES AND DISCOUNTS (PRODUCTS)

The PROVIDER offers the following methods of payment for an order: bank transfer and credit card (Visa or Mastercard).

Payments by bank transfer must be made within 3 days of purchasing the product. The order will be cancelled if this period is exceeded.

19. PURCHASE PROCESS (PRODUCTS)

Cart (quote simulation)

Any product in our catalogue can be added to the cart. The cart shows only the items, quantities, price and total amount. Once the cart has been saved, charges and discounts will be calculated according to the payment details entered.

Carts have no administrative binding effect; they are simply a section where a quote can be simulated with no commitment for either party.

An order can be placed from the cart by following these steps to complete it correctly:

1. - Verification of billing details.
2. - Verification of delivery address.
3. - Selection of payment method.
4. - Place the order (purchase).

Once the order has been processed, the system instantly sends an email to the PROVIDER's management department.

20. WARRANTIES AND RETURNS (PRODUCTS)

The warranty for the products offered shall comply with the following articles, based on Law 23/2003, of 10 July, on Guarantees in the Sale of Consumer Goods:

I) Conformity of the products with the contract

1. Unless proven otherwise, the products shall be deemed to conform to the contract provided that they meet all of the requirements set out below, except where, due to the circumstances of the case, any of them is not applicable:

a) They match the description provided on the website.

b) They are suitable for the purposes for which products of the same type are ordinarily used.

c) They are suitable for any special purpose required by the client, where the client made it known to Marcet Knowledge at the time the contract was concluded, provided that Marcet Knowledge accepted that the product is suitable for that purpose.

d) They show the quality and performance usual in a product of the same type which the client can reasonably expect, given the nature of the product and, where applicable, the descriptions of the specific characteristics of the products given on the website.

II) Liability of the PROVIDER

Marcet Knowledge shall be liable to the USER for any lack of conformity existing at the time the product is delivered. Marcet Knowledge recognises the USER's right to have the product repaired or replaced, to a price reduction and to terminate the contract.

III) Repair and replacement of products

2. The products purchased are delivered in person and handed to the USER at the sports facilities themselves. Accordingly, if the USER detects damage or breakage in the product, or wishes to change its size, Marcet Knowledge will replace the defective product on the spot with a new product to the USER's satisfaction, at no extra cost to the USER.

21. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed and interpreted in accordance with Spanish law in all matters not expressly provided for herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the services covered by these Terms and Conditions to the courts and tribunals of the USER's place of residence.

If the USER resides outside Spain, the PROVIDER and the USER expressly waive any other jurisdiction and submit to the courts and tribunals of Spain.