Stellars Club

General Terms and Conditions


  • IDENTIFICATION OF THE PARTIES.

These general conditions of contracting the services offered at the URL www.stellarsclub.com are subscribed to by STELLARSS4YOU S.L., (hereinafter, STELLARS), owner of said URL, with address at Calle Moreto 17 1º Izquierda, Madrid, C.P. 28014, Madrid, with C.I.F. B88294137, registered in the Mercantile Register of Madrid, under number 6008120929876 Volume: 39194, Book: 0, Folio: 110; Section: 8, Page: M 696255, with telephone number +34 633890934 and e-mail: legal@stellarsclub.com.

And, on the other hand, the CUSTOMER, whose personal data are those that have been entered by him/her in the form that STELLARS has made available to him/her. All data included in the aforementioned form have been entered directly by the CLIENT, so the responsibility for the authenticity of the same corresponds directly and exclusively to the same.

For the use of this web portal is necessary the express acceptance of the CLIENT, by clicking on the corresponding box, each and every one of these general conditions, as well as all those particular conditions collected for the use and / or contracting of services or purchase of certain and specific products.

If the CLIENT does not accept these General Terms and Conditions, he/she must refrain from accessing and/or using the services and/or products offered by STELLARS.

  • PURPOSE AND USE OF OUR WEBSITE

By using this website and placing orders through it you agree to:

  • Use this website only to make legally valid enquiries or orders.
  • Do not place any false or fraudulent orders. If it could reasonably be considered that such a request has been made we shall be entitled to cancel it and inform the relevant authorities.
  • Provide us with your email address, postal address and/or other contact details truthfully and accurately.

If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

These general terms and conditions, supplemented in each case by the specific and/or appended terms and conditions proposed by STELLARS, are applicable to any order placed by the CUSTOMER for STELLARS services.

The services offered by STELLARS free of charge, where applicable, are also governed by these general terms and conditions of service.

  • SERVICE AND PRODUCT AVAILABILITY

The products offered on this website are available for the territories of the European Union, Brazil, United States and United Kingdom. In the event that the CUSTOMER requests delivery outside the aforementioned territory, he/she may do so, but STELLARS reserves the right not to accept and/or cancel the order.

All orders for STELLARS products are subject to availability. In the event of supply difficulties or stock shortages, STELLARS will inform you by email and reimburse the CUSTOMER for any amount that may have been paid.

  • HOW TO PLACE AN ORDER

To place an order, you must follow the online purchase procedure and click on “Authorize payment”. You will then receive an email acknowledging receipt of your order (the “Order Confirmation”). We will also inform you by email that the product is being shipped (the “Shipping Confirmation”).

  • DELIVERY

Before placing the order you must select the delivery method that best suits your needs. We will ship the order consisting of the product(s) listed on each Shipping Confirmation without undue delay.

The standard delivery time is 30 calendar days from the date of the Order Confirmation. However, please note that some limited edition or pre-sale products may take longer to be delivered, with delivery estimated between 60 and 90 calendar days from the date of Order Confirmation. There are circumstances arising from the customization of products, or unforeseen or extraordinary circumstances that may affect the delivery date.

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.

For the purposes of these Conditions, “delivery” or “delivery” of the order shall be deemed to have occurred at the time when you or a third party indicated by you acquires material possession of the goods, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks of the products will be at your expense from the moment of delivery. You will acquire ownership of the goods when we receive full payment of all amounts due in respect of the goods, including delivery charges, or at the time of delivery, whichever is the later.

  • ORDER CANCELLATION

STELLARS reserves the right to cancel any order (even if it has been previously accepted), not being responsible for any damage and / or expense, in the following cases:

  1. When an unintentional error has occurred in the online shop, e.g. a payment error.
  2. Lack of permanent stock.
  3. When there is reason to believe that the CUSTOMER is a minor or that the credit card to be used does not meet the requirements described in these Conditions;
  4. When the payment information provided by the CUSTOMER is incorrect or not verifiable.
  5. When the order cannot be delivered to the address provided by the CUSTOMER.

In the event that any of these cases are identified, STELLARS will duly notify you by e-mail, so that the problem can be resolved before any action is taken.

  • PRODUCT PRESALE

In the case of making a purchase of pre-sale items, these will be delivered to the address selected by you within the deadlines indicated on our website.

Please note that some of these items are subject to longer delivery times, which will be those shown on the website and, in any case, will be delivered within a maximum of 90 days from the date of the Order Confirmation.

In the case of mixed orders consisting of products corresponding to the regular purchase process and pre-sale products (“Mixed Orders”), the items will have been ordered by you in the same order, but may be delivered separately and in different timescales.

Once the pre-sale products have been prepared, we will contact you to inform you that they are being shipped (“Shipping Confirmation”).

If you make a purchase of a pre-sale product, all the provisions contained in these Terms and Conditions shall also apply to you.

  • PRODUCT RETURNS

The right of withdrawal shall not apply to products/services relating to:

  • The supply of goods or services whose price depends on fluctuations in the financial market which the entrepreneur cannot control and which may occur during the withdrawal period.
  • The supply of goods made to the specifications of the consumer and user or clearly personalized.
  • The supply of goods that may deteriorate or expire quickly.
  • The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
  • The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
  • Contracts concluded by means of public auctions.

In all other cases, the return period shall be 14 calendar days from the material acquisition of the goods. You must notify us of your decision to return the product by an unequivocal statement (e.g. a letter sent by post or email) to Calle Moreto 17, Madrid 28046, Spain and email us at
customers@stellarsclub.com
.

You may use the model withdrawal form below, although its use is not compulsory.

To the attention of Stellars Club:

– I/we hereby inform you (*) that I/we withdraw from my/our (*) contract of sale of the following good/provision of the following service (*)

– Ordered on/received on (*)

– Name(s) of consumer(s) and user(s)

– Domicile of the consumer and user or consumers and users

– Signature of the consumer and user(s) (only if this form is submitted on paper)

– Date (*)

(*) Delete as appropriate.

In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period. In the event of withdrawal by you, we will refund to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a mode of delivery other than the least expensive mode of standard delivery offered by us) without undue delay and in any event not later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.

We will proceed to make such refund using the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of the refund.

We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first.

You must return or deliver the goods directly to us at Calle Moreto 17 1º izquierda, 28046, Madrid, Spain, without undue delay and in any event not later than 14 calendar days from the date on which you notify us of your decision to withdraw from the contract.

The deadline shall be deemed to have been met if you return the goods before the deadline has expired. You will have to bear the direct cost of returning the goods.

You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

  • AUTHENTICITY

STELLARS guarantees the authenticity of the products marketed through a rigorous process verified, documented and witnessed by professionals. Such product authentication process may be authenticated to third parties subject to any confidentiality limitations that may apply.

The athletes associated with each marketed product have signed an exclusivity contract with Stellars in relation to its production and marketing.

  • LIMITED EDITIONS

Certain products offered by Stellars are subject to limited edition status. This means that only certain units will be produced, with no possibility of generating new ones once the stock generated is exhausted. The user declares to be aware of this circumstance, having at his disposal on the website information about the particular conditions of each product in relation to the units to be generated.

  • PRICES AND TAXES

The prices of the products shown on the website are those applicable at the time of purchase. Prices may be subject to change without notice, but will not affect orders that have already been accepted.

All product prices, shipping costs and other services include VAT. Shipping costs are added per order. STELLARS will always inform the total price including all taxes and other costs such as fees and possible delivery charges.

The CLIENT expressly authorises STELLARS to issue the invoice in electronic format, although he/she may at any time indicate his/her wish to receive an invoice in paper format, in which case we will issue and send the invoice in this format.

  • MEANS OF PAYMENT

The means of payment accepted by STELLARS are detailed below:

  • MasterCard
  • VISA
  • American Express
  • PayPal
  • Bank transfer.

If you attempt to pay by any other means, STELLARS is not responsible for loss of payment or any other damage caused by the CLIENT’s action.

We only accept payment in Euros and US Dollars.

STELLARS is committed to protecting the personal information of its CUSTOMERS by encrypting credit card data. On the other hand, during the purchase process, the identification number (CVV) of the CUSTOMER’s credit card is required. The CVV is a 3 or 4 digit numeric value that provides encryption control of the information recorded on the card. This security feature is designed to protect the CUSTOMER against fraud. Your CVV will not be stored in our systems and the CUSTOMER must provide the number each time you make a purchase on our website.

When the purchase request and the CLIENT’s data have been verified, and the purchased products have left the STELLARS warehouse for shipment, the price will be debited from the CLIENT’s account.

When the CUSTOMER clicks on “AUTHORIZE PAYMENT”, he confirms that the credit card is his or its legitimate holder. Credit cards will be subject to checks and authorizations by the credit card issuer, but if the credit card issuer does not authorize payment, STELLARS will not be liable for any delay or non-delivery and will not be able to enter into any contract with the CLIENT.

  • CLUB MEMBERS/MEMBERS

The conditions and terms of use of the Club are available at https://stellarsclub.com/legal/condiciones-de-miembros-del-club/.

  • WARRANTIES

STELLARS shall be liable to the CUSTOMER for any lack of conformity of the products received, within a period of two years, as established by current regulations. The warranty for any damage caused by use or improper use is excluded, as well as in general all those excluded by current legislation.

  • LIABILITY AND DISCLAIMER OF LIABILITY

Except as otherwise expressly provided in these Terms and Conditions, STELLARS’ liability in connection with any product purchased on the Website shall be strictly limited to the purchase price of such product.

Some products may appear slightly larger or smaller than their actual size due to screen settings and photographic technique. Other items may be represented in a larger size than their actual size, in order to clearly show details; or smaller than their actual size, in order to show the entire item. In this sense, if the CUSTOMER contracts as a consumer and user, STELLARS is obliged to deliver items that are in accordance with the contract, responding to the CUSTOMER for any lack of conformity that exists at the time of delivery of the product. Also, the color tones in the photographs of the products of the online store may be altered by the resolution of your monitor, and may differ from the real ones.

The products we sell may present some variations due to the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in colors, sizes, textures, among others, will not be considered defects or flaws.

STELLARS shall not be liable for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging programs or material that may affect the CUSTOMER’s computer, computer equipment, data or materials as a result of using this website or downloading content from it or, where appropriate, to which it redirects.

  • MAJOR FORCE

STELLARS shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control (“Force Majeure Cause”).

Force Majeure shall include any act, event, failure to exercise, omission or accident beyond our reasonable control, including but not limited to the following:

  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, boats, planes, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It shall be understood that the obligations shall be suspended for the period during which the “Force Majeure Event” continues, and STELLARS shall have an extension of time to perform such obligations for a period of time equal to the duration of the “Force Majeure Event”.

STELLARS will use all reasonable means to bring the “Force Majeure Event” to an end, or to find a solution that allows it to fulfil its obligations despite the “Force Majeure Event”.

  • WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications sent by STELLARS must be in writing. The CUSTOMER, by using this website, consents to the majority of such communications with STELLARS being electronic.

Therefore, STELLARS will contact the CUSTOMER by e-mail or by posting notices on the website itself. For contractual purposes, the CLIENT consents to use this electronic means of communication and acknowledges compliance with the legal requirement to be in writing.

  • ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding on both you and us, as well as our respective successors, assigns and successors in title. You may not transfer, assign, encumber or otherwise transfer a contract or any of your rights or obligations under a contract without our prior written consent.

We may transfer, assign, encumber, subcontract or otherwise transfer a contract or any of our rights or obligations under it at any time during its term. For the avoidance of doubt, such transfers, assignments, encumbrances or other transfers shall not affect any rights that you, as a consumer, may have at law or otherwise void, reduce or limit any warranties, whether express or implied, that we may have given to you.

  • WAIVER

STELLARS’ failure to require strict compliance with any of the obligations assumed by the CUSTOMER under a contract or these Conditions, or STELLARS’ failure to exercise any rights or actions to which it may be entitled under such contract or these Conditions, shall not imply any waiver or limitation in relation to such rights or actions, nor shall it exonerate the CUSTOMER from complying with such obligations.

No waiver by STELLARS of any particular right or remedy shall constitute a waiver of any other right or remedy arising under a contract or the Terms.

No waiver by STELLARS of any of these Conditions or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver, and is formalised and communicated to the CUSTOMER in writing in accordance with the above.

  • COMPLETE SETTLEMENT AND PARTIAL NULLITY

These Terms and Conditions, and any document expressly referred to in them, constitute the entire agreement between the CUSTOMER and STELLARS in relation to the subject matter of these Terms and Conditions. They also supersede any other prior covenant, agreement or promise agreed between the CUSTOMER and STELLARS verbally or in writing.

The CLIENT and STELLARS acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two parties prior to the contract, except for what is expressly mentioned in these Conditions.

Neither the CUSTOMER nor STELLARS has any remedy for any misrepresentation made by the other party, oral or written, prior to the date of a contract (unless such misrepresentation was made fraudulently) and the only remedy available to the other party is for breach of contract, in accordance with the provisions of these Conditions.

If any of these Conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force and shall not be affected by such declaration of nullity.

  • MODIFICATION OF CONDITIONS

STELLARS reserves the right to revise and amend these Terms at any time.

The CLIENT will be subject to the policies and Conditions in force at the time he/she uses this website or places each order.

  • INDUSTRIAL AND INTELLECTUAL PROPERTY

The ownership of all intellectual and industrial property rights of the products, services and web content offered and displayed by STELLARS belongs to the company or, failing that, to its suppliers. The provision of services by STELLARS to its CUSTOMERS shall not imply in any case the assignment, waiver or transfer, in whole or in part, of the ownership of the corresponding intellectual and industrial property rights by STELLARS.

STELLARS, its administrators, shareholders, agents or employees shall not be held responsible for any direct or indirect cause related to the use made by the CUSTOMER of the service or product contracted or acquired through STELLARS.

  • OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT
  • The CLIENT undertakes to have the power, authority and capacity necessary for the acceptance and execution of the obligations set forth in these General Conditions of Service, and in those Particular Conditions of services that may be contracted.
  • The CLIENT undertakes to communicate his or her parameters, personal data and accurate banking information to STELLARS.
  • The CLIENT is entirely and exclusively responsible for the access passwords necessary for the use of its services. STELLARS disclaims all responsibility for any illicit or fraudulent use of the passwords made available to the CLIENT. The provision of passwords is considered confidential. Any suspicion of disclosure, whether intentional or not, of the passwords supplied, engages the sole responsibility of the CUSTOMER to the exclusion of STELLARS.
  • The CLIENT, for any contact with STELLARS, undertakes to clearly formulate his/her request.
  • TECHNICAL SUPPORT AND CUSTOMER SERVICE

STELLARS makes available to the CLIENT a set of tools and documentation that can be requested at the following email address: customers@stellarsclub.com

  • LANGUAGE, APPLICABLE LAW, JURISDICTION AND ARBITRATION

The contract shall be understood to be formalised in Spanish. The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under applicable law.

The European Commission provides consumers with a platform for resolving consumer complaints online, which you as a consumer can use and which is available at the following link:
http://ec.europa.eu/consumers/odr/