Terms of service
1. Scope
These Terms and Conditions of Sale govern the purchase of products offered through the SimSpace Golf website, owned and operated by BLUESKYGOLF, S.L. By placing an order through this website, the Customer confirms that they have read, understood and accepted these Terms and Conditions.
These Terms apply to all purchases made through the website unless otherwise agreed in writing.
2. Ordering Procedure
To place an order, the Customer must follow the online purchasing process and complete all required information.
Once the order has been successfully completed, the Customer will receive an email acknowledging receipt of the order. This confirmation does not constitute acceptance of the order but confirms that it has been received.
The sales contract will be concluded when BLUESKYGOLF, S.L. accepts the order and dispatches the products.
BLUESKYGOLF, S.L. reserves the right to refuse or cancel any order where there are reasonable grounds to do so, including pricing errors, suspected fraud, payment issues or product availability.
3. Product Availability
All products are subject to availability.
If, after an order has been placed, a product becomes unavailable, BLUESKYGOLF, S.L. will inform the Customer as soon as reasonably possible. The Customer may choose either:
- to wait for a revised delivery date;
- to select an alternative product of equivalent value; or
- to cancel the order and receive a full refund.
Any refund will be processed without undue delay using the original payment method.
4. Delivery
Products will be delivered to the address specified by the Customer during the ordering process.
If delivery cannot be completed because the Customer has provided incorrect information or is unavailable to receive the goods, any additional delivery costs may be charged to the Customer.
BLUESKYGOLF, S.L. undertakes to deliver all products within a maximum period of thirty (30) calendar days from the conclusion of the sales contract unless a different delivery period has been expressly agreed.
If delivery cannot be completed within the agreed period due to circumstances beyond our reasonable control, the Customer will be informed promptly and offered the choice of waiting for the revised delivery date or cancelling the order with a full refund.
5. Prices
All prices shown on the website are displayed in euros (€) and include Value Added Tax (VAT) or any equivalent taxes applicable at the time of purchase unless expressly stated otherwise.
Delivery charges are calculated separately during the checkout process and will be clearly displayed before the Customer confirms the order.
BLUESKYGOLF, S.L. reserves the right to amend prices at any time. However, any changes will not affect orders that have already been confirmed.
In the event of an obvious typographical or technical pricing error, BLUESKYGOLF, S.L. reserves the right to cancel the order and refund any payment received.
6. Payment
Payment may be made using one of the payment methods available during checkout, including:
- Visa
- Mastercard
- American Express
- Bank Transfer
- Approved Digital Payment Platforms
- Payment at SimSpace Golf premises, where available
All electronic payments are processed through secure SSL/TLS encrypted payment gateways that comply with recognised PCI security standards.
The Customer is responsible for ensuring that they are authorised to use the selected payment method.
BLUESKYGOLF, S.L. does not store customers' payment card details.
7. Transfer of Risk and Ownership
Ownership of the products shall pass to the Customer once full payment has been received by BLUESKYGOLF, S.L.
The risk of loss of or damage to the products shall pass to the Customer when the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the goods.
Where the Customer arranges transport independently and the carrier has not been offered by BLUESKYGOLF, S.L., the risk shall pass to the Customer upon delivery of the goods to the carrier, without prejudice to the Customer's statutory rights.
8. Shipping
Products will be delivered to the delivery address provided during the ordering process.
Delivery times shown on the website are estimates only and may vary depending on product availability, destination and circumstances beyond our reasonable control.
If delivery cannot be completed because incorrect or incomplete information has been provided by the Customer, or because delivery cannot be accepted after reasonable attempts, BLUESKYGOLF, S.L. reserves the right to recover any additional transport, storage or redelivery costs incurred.
The Customer should inspect the goods upon delivery and notify BLUESKYGOLF, S.L. as soon as reasonably possible of any visible damage, shortages or incorrect items.
9. Right of Withdrawal
If the Customer is purchasing as a consumer, they have the legal right to withdraw from the purchase without giving any reason within fourteen (14) calendar days from the date on which they, or a third party nominated by them other than the carrier, acquire physical possession of the goods.
To exercise this right, the Customer must notify BLUESKYGOLF, S.L. of their decision by means of an unequivocal statement before the withdrawal period expires.
The Customer may use the withdrawal form provided on the website, although this is not mandatory.
Upon receiving the withdrawal request, BLUESKYGOLF, S.L. will acknowledge receipt without undue delay.
10. Effects of Withdrawal
Where the Customer validly exercises the right of withdrawal, BLUESKYGOLF, S.L. will reimburse all payments received from the Customer, including the cost of the standard delivery service originally selected.
Any additional costs arising from the Customer choosing a delivery method other than the least expensive standard delivery option offered will not be reimbursed.
Refunds will be made using the same payment method used for the original transaction unless expressly agreed otherwise.
The refund may be withheld until the returned goods have been received or until satisfactory evidence of their return has been provided, whichever occurs first.
Unless otherwise agreed, the Customer is responsible for the direct cost of returning the goods.
11. Exceptions to the Right of Withdrawal
In accordance with applicable consumer protection legislation, the right of withdrawal does not apply to, among other things:
- products manufactured or customised to the Customer's specifications;
- goods clearly personalised for the Customer;
- sealed goods that are not suitable for return for reasons of health protection or hygiene once unsealed;
- products which, by their nature, have been inseparably mixed with other goods after delivery;
- digital content supplied electronically where performance has begun with the Customer's prior express consent and acknowledgement that the right of withdrawal will thereby be lost.
These exclusions shall be interpreted in accordance with the applicable consumer legislation in force at the time of purchase.
12. Returns Procedure
Returned products must be sent back in their original condition, complete with all accessories, documentation and, where reasonably possible, the original packaging.
The Customer is responsible for taking reasonable care of the goods until they are returned.
If a returned product shows signs of handling beyond what is necessary to establish its nature, characteristics and functioning, BLUESKYGOLF, S.L. may deduct from the refund an amount reflecting the diminished value of the goods, as permitted by law.
13. Legal Warranty
All products supplied by BLUESKYGOLF, S.L. are covered by the statutory consumer guarantee provided under applicable Spanish and European consumer protection legislation.
Where a product is found to be non-conforming, the Customer may be entitled to request repair, replacement, a price reduction or termination of the contract, depending on the circumstances and subject to the conditions established by law.
The Customer should notify BLUESKYGOLF, S.L. of any lack of conformity as soon as reasonably possible after it becomes apparent.
The statutory rights described in this section are in addition to, and do not affect, any other rights available to consumers under applicable law.
14. Customer Service
For any questions relating to orders, deliveries, returns, guarantees or complaints, customers may contact:
BLUESKYGOLF, S.L.C/ Filipinas, 1
03730 Jávea (Alicante), Spain
Email: blueskygolfsl@gmail.com
Telephone: +34 629 220 572
Customer enquiries will be handled as promptly as possible during normal business hours.
15. Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Spain.
Nothing in these Terms shall limit or exclude the mandatory consumer protection rights granted under applicable legislation.
Any dispute arising in connection with these Terms shall be subject to the jurisdiction determined by the applicable consumer protection rules and the relevant Spanish courts, without prejudice to any mandatory rights of consumers to bring proceedings before the courts of their place of residence.
16. Complaints Procedure
BLUESKYGOLF, S.L. is committed to providing a high standard of customer service. If a Customer wishes to make a complaint regarding a product or service, they may do so by contacting us using the details below:
Email: blueskygolfsl@gmail.com
Postal Address:
BLUESKYGOLF, S.L.C/ Filipinas, 1
03730 Jávea (Alicante)
Spain
We will acknowledge receipt of your complaint and endeavour to resolve it as quickly as possible.
17. Online Dispute Resolution
In accordance with applicable consumer legislation, consumers resident within the European Union may be entitled to use the European Commission's Online Dispute Resolution (ODR) platform to resolve disputes relating to online purchases.
Where applicable, information about alternative dispute resolution procedures will be provided to consumers in accordance with current legal requirements.