1. Scope
These general conditions of sale govern the use of the Al Kamel Systems online store (store.alkamelsystems.com and its championship and event shops) and all sales of products and services between Al Kamel Systems S.L. (hereinafter "AKS", see condition 2) and its customers. Products and services means sports timing products, such as transponders, hardware, timing data protocol and cloud licences and connections, as well as timing and related services.
Only the version of these general conditions in force at the time of the order applies. AKS may modify these general conditions at any time to adapt them to the legal and economic circumstances of the moment. Changes apply from the customer's next order. AKS does not accept deviations from these general conditions unless AKS has expressly accepted them in writing.
2. Seller
The seller is Al Kamel Systems S.L., C/ Priora Xixilona 93, 08530 La Garriga (Barcelona), Spain. VAT number: ESB64357312.
3. Prices and taxes
3.1 The price of the products and services ordered is the price shown in the online store at the time of the order, or in our brochures and price lists. In case of typing, printing or calculation errors we reserve the right to cancel the transaction.
3.2 Prices are shown excluding VAT (IVA). VAT is added at checkout where applicable: customers in Spain, both companies and individuals, pay Spanish VAT (21%). Customers in other EU countries pay VAT, unless they are a company with a valid EU VAT number. Sales outside the EU are exports and are not subject to Spanish VAT.
4. Formation of the contract
4.1 The customer's order is a binding offer to enter into a contract for the products or services ordered. The contract is formed when AKS expressly accepts the order, when the service ordered is provided, or when the products ordered are shipped or delivered, in all cases within fourteen days of AKS receiving the order. After that period the customer is no longer bound and the contract is considered not concluded.
4.2 The customer makes this offer by completing the order at checkout.
4.3 Before submitting the order, the customer can check and correct the details entered.
4.4 Some products, such as timing data protocol licences and connections, require the customer to accept the Al Kamel Systems Confidentiality Agreement (NDA) at checkout. For those products the NDA forms part of the contract.
5. Delivery and provision of services
5.1 AKS processes orders without undue delay and always within 14 days. Any claim by the customer for impossibility of performance is excluded.
5.2 AKS will provide access to the service ordered without undue delay, and in any case during the event.
5.3 Physical products are delivered by a private courier to the address given by the customer, or handed over at the event where the product page offers this option. Shipping costs are paid by the customer and are shown at checkout. Products travel at the customer's risk; the responsibility of AKS ends when the products are handed over to the carrier in good condition.
5.4 Access data may not be transferred or assigned. The customer must ensure that its access data does not become known to third parties, even unintentionally.
5.5 If AKS has reasonable grounds to suspect that products offered online are being used in an unauthorised or abusive way, AKS may take appropriate measures after contacting the customer. These may include, among others, changing the password of the user account concerned, temporarily disabling access or deleting the user account.
6. Payment, due date and late payment
6.1 The customer will pay without additional charges and without deductions, complying with all foreign exchange requirements. Charges for bills of exchange are borne by the customer. The customer may not set off against amounts owed to AKS any amounts the customer claims from AKS.
6.2 The customer can pay by the methods shown at checkout, such as credit or debit card, or by bank transfer against invoice where offered. Card payments appear on the customer's statement under the name Al Kamel Systems.
6.3 In case of late payment, all costs of collecting the debt, including all costs of legal representation in judicial and extrajudicial proceedings, are borne by the customer. AKS is not obliged to send a reminder first.
7. Retention of title
AKS remains the owner of the goods sold until they have been paid in full. If a third party gains access to these goods as a result of a seizure or insolvency proceeding, the customer must immediately notify AKS in writing and inform that third party of AKS's ownership.
8. Right of withdrawal
8.1 Consumers. A customer who is a consumer, that is, a natural person acting for purposes outside their trade, business, craft or profession (Real Decreto Legislativo 1/2007, article 3), may withdraw from a distance contract within 14 calendar days without giving any reason. For physical products, the period starts on the day the consumer, or a third party indicated by the consumer other than the carrier, takes physical possession of the products. For services, licences and connections, it starts on the day the contract is formed. To withdraw, the consumer must inform AKS of the decision by an unequivocal statement, for example an email to store@alkamelsystems.com or a letter to the address in condition 2. Sending the notice before the period ends is sufficient.
8.2 Effects of withdrawal. AKS will refund all payments received from the consumer, including standard delivery costs, without undue delay and at the latest within 14 calendar days of being informed of the withdrawal, using the same means of payment as the original transaction unless otherwise agreed. AKS may withhold the refund until it has received the products back or the consumer has provided proof of having sent them. The consumer must send the products back without undue delay and at the latest within 14 calendar days of notifying the withdrawal, and bears the direct cost of returning them. The consumer is only liable for any diminished value of the products resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.
8.3 Exceptions. In accordance with article 103 of Real Decreto Legislativo 1/2007, there is no right of withdrawal for:
a) V2 Protocol licences and connections, and other timing data protocol and cloud access, once AKS has given protocol access (access credentials or data connection). By ordering these products and asking for access before the end of the withdrawal period, the consumer gives prior express consent to performance starting and acknowledges that the right of withdrawal is lost once access has been given (article 103 a) and m)).
b) Transponder rentals and other services for a specific event date or period, as services related to leisure activities with a specific date or period of performance (article 103 l)).
c) Services that have been fully performed, where performance began with the consumer's prior express consent and acknowledgement that the right of withdrawal would be lost (article 103 a)). A service related to an event is considered fully performed at the end of the event.
This does not affect the option to cancel rentals and services before the event described in the Cancellation and Returns Policy.
8.4 Business customers. Customers who are not consumers (companies, professionals, teams, organisers and other customers buying for business or professional purposes) have no right of withdrawal. Their orders are binding once the contract is formed (condition 4) and can only be cancelled or returned where AKS agrees in writing, or in the cases set out in the Cancellation and Returns Policy for rentals and services cancelled before the event and for damaged, defective or incorrect products.
8.5 The customer should check before ordering that the products are compatible with its systems. Incompatibility with the customer's systems does not entitle a business customer to cancel or return an order; consumers keep their right of withdrawal under condition 8.1 where it applies.
9. Warranty and liability
9.1 Liability for products and services is governed by the statutory warranty rules. AKS reserves the right to repair or replace a defective item. A price reduction can only be claimed if the problem has not been solved within a reasonable period. For claims beyond this, in particular for damages of any kind (indirect damages), including loss of profit or damages for delay, AKS is only liable for wilful misconduct or gross negligence.
9.2 AKS accepts no liability for technical failures in the operation of the online store. AKS may suspend the store at any time, without prejudice to contracts already formed. Despite the utmost care and the use of current technology, AKS cannot guarantee permanent availability of its servers. A temporary fault or unavailability does not entitle the customer to withdraw from a contract or claim damages.
9.3 In case of slight negligence, AKS is liable without limit for injury to life, body or health. If, as a result of slight negligence, AKS delays a service, the service becomes impossible or AKS breaches an essential obligation, AKS's liability for damage to objects or property is limited to the damage foreseeable for this type of contract. AKS is not liable for loss of data caused by negligence where the customer has not backed up its data adequately. Any other liability is excluded unless mandatory law provides otherwise.
10. Data protection
10.1 The customer consents to AKS collecting, storing and processing the customer's data, such as name, surname, postal code, address, telephone number, email address, bank details and similar, in order to conclude and manage the contract. Further information is in our Privacy Policy.
11. Third-party rights (intellectual property)
11.1 The customer acknowledges that third parties hold rights, in particular intellectual property rights and other rights in intangible assets. The customer agrees to use the purchased item only within the limits set by the contract or permitted by law, and to observe all licence conditions strictly.
11.2 Condition 11.1 also applies to AKS's rights in its website, content, texts, graphics, logos, trademarks, titles, programs, price lists, databases and other services.
12. Place of performance, applicable law, severability and jurisdiction
12.1 The place of performance is La Garriga, Spain. The contract is governed by Spanish law, excluding its conflict-of-law rules and the 1980 United Nations Convention on Contracts for the International Sale of Goods.
12.2 If any of these general conditions is or becomes invalid or contrary to the law, the remaining conditions remain valid. The invalid clause will be interpreted, supplemented or replaced so as to achieve the originally intended economic purpose as far as possible.
12.3 Unless the customer is a consumer, all disputes arising from or in connection with this contract are submitted to the courts of Barcelona, Spain. If the customer is a consumer, the courts with jurisdiction under applicable law, in particular those of the consumer's place of residence, are competent.
13. Online payments and online products
13.1 All customer data and card details are treated in strict confidence.
13.2 Transactions and data entry take place over an encrypted (SSL/TLS) connection.
13.3 The transaction appears on the customer's card statement under the name Al Kamel Systems.
13.4 Requests relating to online payments are processed as quickly as possible, and no later than two working days after receipt.
13.5 Please keep the transaction details and all communications in an easily accessible place.
13.6 The customer's card is charged once the item has been delivered in full or, where applicable, once the service has been performed in full. For online products this is always immediately after the purchase is completed.
13.7 For online products, the contract of sale is formed when access to the user account is granted.