Terms and Conditions

TERMS AND CONDITIONS

1. Identification and access to the Website

The present Terms and Conditions regulate the access and use of the Website owned by BRISK WORLD COMPANY (hereinafter, "BRISK"), 111605, P.O. BOX 1689, 13017 Safat, Kuwait City,Kuwait. BRISK was duly registered as a company at the Commercial Registry of Kuwait, Commercial license number : 475905, Folio Number : 147748.

Once you download, access and/or register on the Platform, you will become a user of the Platform (hereinafter, "User"). For the purposes of these Terms and Conditions, the term Consumer/User shall be understood to mean any individual who, unrelated to their commercial activity, business, trade or profession, accesses the Website with the intention of acquiring the products marketed through the Website.

For any questions and/or complaints, User may contact BRISK at the following email address: info@briskpadel.com

The User must accept these Terms and Conditions before confirming the purchase.

2. Acceptance of the Terms and Conditions

The acquisition of any of the products commercialized through the Website requires the acceptance of the present Terms and Conditions, as well as the different modifications and/or additional legal texts that BRISK may include in the future.

By accepting the Terms and Conditions, the User commits itself to act at all times in accordance with the dispositions established in the clauses of the present legal text, which define the rights and obligations of BRISK and the User regarding the contractual relation derived from the use of the services accessible through the Website. These are the only Terms and Conditions applicable to the use of the Website (without prejudice that for certain products or services there could be particular conditions) and they replace any other conditions.

By accepting these Terms and Conditions, the User declares to be over 18 years of age and to have the legal capacity to contract and acquire the products or services present on the Website.

As such, any person below 18 years old does not have legal capacity to enter into agreements (including online transactions) and must obtain their guardian's consent. Hence a minor as defined by the Wadeema Law [As a person below the age of 18.] shall not be valid to enter into transactions/purchases and contract on this site.

Purpose

This Website has been developed by BRISK with the aim of offering Users the possibility of acquiring products related to the practice of the sport of paddle tennis and, specifically, the acquisition of rackets and/or any other sports material necessary for the practice of the aforementioned sport (hereinafter, the "Products" or the "Product").

The User may consult the essential characteristics of each product through its description and/or technical data sheet duly implemented on the Website.

Operation of the Website and obligations of Users

In order for Users to purchase the products offered by BRISK through the Website, they must take into account the following:

User registration procedure

In order to proceed with the purchase of the Products made available to Users, the Website offers the Users the possibility of creating an account through an online form to be filled in with the data required therein.

BRISK will facilitate the use of personal passwords to the User who registers as such on the Website. These passwords will be used to access a User account from which the Products may be purchased.

Users must use their User account responsibly and keep the Username and/or passwords that allow access to their account confidential in order to prevent their use by unauthorized third parties.

By virtue of the foregoing, Users must immediately change their account’s password and notify BRISK via e-mail: info@brsikpadel.com of any improper use of their Username and/or password, due to circumstances such as theft, loss or unauthorized access thereto, so that BRISK may proceed to cancel or block and/or disable them as soon as it becomes aware of the improper use of their User Account.

Alternatively, Users may purchase the Products without registering on the Website by completing the form that appears when processing the purchase order.

Purchase Order Processing

In order to process the purchase order and regardless of the method chosen by the User to purchase the Products (that is, registered or invited), the User shall select the payment method, delivery method and, if applicable, provide BRISK details for delivery of the purchase.

Once the purchase has been made and as soon as possible, BRISK shall send the User/Buyer an order confirmation by e-mail. The order confirmation and proof of purchase shall not be valid as an invoice, which shall be delivered on paper at the time of delivery of the Product.

The invoice issued will be in compliance as per Federal Law No (15) of 2020 on Consumer Protection, Article 8. The invoice shall brief all details and shall be issued in Arabic and English/Spanish.

BRISK informs its Users that the offers or promos shown on certain Products are subject to the availability of stock or country of shipping and shall be valid for the period of time indicated on the Website. Therefore, no purchase orders will be processed in accordance with an offer at a date later than the date indicated on the Website for the completion of the offer.

Under the Federal Law No (15) of 2020 on Consumer Protection, websites facilitating online purchases and the Federal Decree Law No. 45/2021 regarding the Protection of Personal Data (PDPL) the stated purpose of the processing is for a valid offer from consumer’s end and confirmation from the website for the same purchase order.

5. User behaviour

Users agree to make a lawful, diligent, honest and correct use of any information or content accessed through the Website, and all this under the principles of good faith and respecting at all times the law in force and these Terms and Conditions.

In particular, but without limitation, any person visiting the Website, as well as Users shall not:

(i) Make an unauthorized or fraudulent use of the Website;

(ii) Access or attempt to access any restricted Website resources;

(iii) Use the Website for purposes that are illicit, illegal and/or contrary to the provisions of these Terms and Conditions, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload or impede the normal use or enjoyment of the Website;

(iv) Cause damage to the Website or third party systems;

(v) Introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the systems of the Website or third parties;

(vi) Attempt to access, use and/or manipulate the data of the Website, other Users or third parties;

(vii) Reproduce, copy, distribute, transform or modify the contents, allowing access to third parties through any form of public communication, unless authorized by the owner of the corresponding rights or it is legally allowed;

(viii) Obtain or attempt to obtain the contents by means or procedures other than those which have been made available.

(ix) Users shall not give access to their username and password to unauthorized third parties and shall immediately inform the Website of any access or suspect of it by an unauthorized user.

In addition, Users undertake to maintain accurate, complete and updated information (name, surname, address, telephone number, email, etc.) in their account. BRISK will not be responsible to verify or for any incorrect information, such as typos, wrong delivery address, amongst others, that may result in the product not being purchased successfully or delivered correctly.

In relation to the above, BRISK reserves the right to deny any attempt to access the Website, cancel user accounts, delete or modify content, or cancel the provision of Services in cases of improper use of the Website, and may also take any legal action that may be appropriate, with the User being liable for any expenses that may be incurred as a result of such acts, as well as for any damages caused.

In this regard, BRISK declares and warns all Users that it has enabled the appropriate mechanisms to detect any possible fraudulent, anomalous, or fraudulent action that seeks to alter the conditions for the use of the user's account.

Furthermore, BRISK reserves the right to refuse to process a purchase or register a user account where it has reasonable grounds to believe that a user has breached these Terms and Conditions or any applicable law. BRISK reserves the right to investigate and report any conduct in breach of the legislation in force to the competent authorities, as well as to cooperate with them in the investigation of such actions. The same shall be held in line with the Federal Law No (15) of 2020 on Consumer Protection, the Federal Decree Law No. 45/2021 regarding the Protection of Personal Data (PDPL), Federal Decree Law No. 34/2021 concerning the Fight Against Rumours and Cybercrime (Cybercrime Law) and Federal Decree Law No. 34/2021 concerning the Fight Against Rumours and Cybercrime (Cybercrime Law).

6. Conditions of purchase and availability of Products

All Products appearing on the Website are subject to availability and may differ depending on the country of shipping.

BRISK constantly and automatically updates the Website in order to display to the maximum possible correspondence the actual availability of Products and stock on the Website.

If you wish to purchase a Product from our Website and it is out of stock, this condition will be displayed on screen, not allowing the User to continue and proceed with the purchase.

If, exceptionally, BRISK detects, once the User's order has been received, that a Product is out of stock, or is not available, and is not reflected as such on the Website, it will proceed to update this circumstance as soon as possible and will inform the User, who may choose to select another product or the refund of the total amount of the payment made.

In case of choosing the refund, the amount previously paid will be refunded through the means of payment selected by the User without undue delay. The refund will be communicated to the User by e-mail. The User understands that the effective reimbursement may be delayed depending on the method and provider of payment used, this being a fact beyond BRISK's control.

BRISK reserves the right to modify the Products offered to Users through the Website.

In particular, BRISK may at any time add new products to those offered or included on the Website. Likewise, BRISK reserves the right to withdraw, at any time and without prior notice, any of the products offered on the Website, without this decision affecting Users who have purchased the Products concerned prior to their withdrawal.

Prices and payment methods of the Products

Prices

Access to the contents of the Website is completely free of charge and does not require prior registration. This being so, the User will only have to pay for the acquisition of the Products offered on the Website. The purchase prices in force at the time the order is placed are those appearing on the Website. The prices shall include Value Added Tax (VAT), but will not include any customs duties applicable to the country of shipping nor shipping costs.

BRISK accepts payment in UAE dirhams (AED) for its services. All online purchases are also governed by the terms and conditions mentioned hereon and all over the website. The prices mentioned on this website shall also show applicable rates as in UAE dirhams (AED) and applicable only to clients present in the country. The Laws of the United Arab Emirates shall govern the usage of payment on this site. In case of conflict, all disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in the UAE.

Payment method

BRISK offers the User several methods of payment, processed by MyFatoorah payment solutions provider, as indicated below:

(i) Payment by card: American Express, Mastercard, and Visa;

(ii) Other Payments: Mada, Knet, Kfast, Sadad, Naps, Benefit

All of them are subject to verifications and authorizations by the issuing entities of the means of payment (card issuers and/or payment account issuers) outside BRISK, therefor if such entity does not authorize the payment, the purchase procedure initiated may not be continued, the order being automatically cancelled, and the purchase and sale of the Product requested being understood not to have been carried out.

Besides, at no time during the purchase process BRISK can know or store the information related to the User's credit card, transmitted by means of a safe connection with encrypted protocol directly to the site of the entity that manages the electronic payment.

All payments, transactions and refunds for BRISK and on the website shall be in compliance to Circular No.15/2021 dated 6 June 2021, the Retail Payment Services and Card Schemes. Additionally, Financial Free Zones such as the DIFC and the ADGM have their own regulatory and licensing regime in relation to payment service providers incorporated under their jurisdictions. Regulatory Law 2004, the Markets Law 2012 administered by the Dubai Financial Services Authority (DFSA) conducted in or from the DIFC.

8. Delivery and shipment of the Products

Shipping, shipping costs and delivery of Products

The Products will be delivered to the place indicated by the User on the Purchase Order form within an average of 7 working days after processing the Purchase Order. For International shipping, orders may take up to 15 working days after the Purchase Order.

Notwithstanding the foregoing, the delivery expected time may be extended after the Purchase Order has been processed during high volume orders period (Christmas, Eid, Holidays, Sales, etc.)

BRISK currently ships to all countries it operates in. The list is mentioned below:

Kuwait, UAE, KSA, Qatar, Oman, Bahrain, Jordan and Egypt

Any shipment outside the listed countries, consumer can reach out to BRISK via Email Address to info@briskpadel.com to verify if the Order can be shipped.

BRISK ships all orders through an external logistics company contracted for this purpose.

This being so, the User must contact the logistics operator directly in order to obtain tracking information of the order status, whose details will be provided via e-mail by BRISK when the order leaves the warehouse. To agree on any delivery preference or circumstance related to the shipment that has not been specified in the Purchase Order, the User must contact the logistics operator directly.

Likewise, in the event that the delivery is made at a time when the User is not at the delivery address, it will be the logistics operator itself who will contact the User to arrange a new delivery date.

Shipping costs

Shipping costs will be calculated on the payment screen and prior to the actual execution of the purchase, the User being duly informed in this regard. For shipments whose recipients are not located within the Iberian Peninsula, the shipping price will also be calculated at the time of checkout, and will vary depending on the destination of the shipment.

Incorrect dispatch

In the event that the User receives a different Product from the one purchased, the User must process the return of the Product received in accordance with the provisions of clause 8.1 of these General Conditions of Purchase, indicating the circumstance of the erroneous shipment. BRISK will contact the User as soon as possible to indicate the steps to follow and resolve this circumstance as soon as possible.

Damaged dispatch

In the event that the User receives a damaged Product from the one purchased, the User must process the return of the Product received in accordance with the provisions of clause 8.1 of these General Conditions of Purchase, indicating the circumstance with the proof of damage caused to the product upon receiving. BRISK will contact the User as soon as possible to indicate the steps to follow and resolve this circumstance as soon as possible.

8. Right of Withdrawal: Returns and exchanges

The return of any Product differs per country as per the following:

United Arab Emirates:

The User who holds the status of "Consumer", that is to say, those Users who have acquired BRISK Services through Online Checkout Process for a purpose unrelated to their commercial activity, business, trade or profession, will have a period of Seven (7) calendar days as under UAE Law to exercise their right of return, from the effective date of purchase of the Product, without any penalty and only if:

The Product is sealed and accompanied by all original packaging, accessories, free items and other components or parts that accompanied the Product when it was delivered and the Product and/or packaging is undamaged.

The Serial number of the Product purchased is the same when any return is requested.

In this regard, the User expressly acknowledges and accepts that he/she may not exercise his/her right of withdrawal once the Seven (7) calendar days stipulated by Law for this purpose have elapsed.

MECHANISM FOR EXERCISING THE RIGHT OF WITHDRAWAL

To formalize the right of return the User must exercise his right in writing by sending an email, with the information that will be detailed below and that will serve as an unequivocal statement, to the email address: [*], with the following wording in the subject "Return of product purchased". Upon receipt of such communication, BRISK will proceed to review the specific case and if appropriate, the refund of the corresponding amount will be made as soon as possible and, in any case, within Seven (7) calendar days from the date on which such communication has been received.

In order to exercise the right of withdrawal, the User must include the following information in the corresponding e-mail:

Subject: Return of purchased product.

Name and surname: ____________

Contact email address: _____________

Product purchased: ____________

Date of purchase: ______________

I hereby request a refund of the amount paid for the product/service described above, requesting that this refund be made within the period of Seven (7) days established by law for this purpose and be paid into my bank account with account number: ______________.

If there is any specific reason for return and request for refund:

Place and date of the claim: ____________________.

The right of withdrawal excludes some Products, therefor those will not be able to be exchanged or returned:

The supply of goods or services made according to the Customer's specifications or clearly personalized. (For example, padel racket with initials or customized).
The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery. (For example underwear, undergarment)

Consequences of withdrawal

In the event of withdrawal, BRISK shall refund all payments received by the User without undue delay from the date on which BRISK has been able to verify that the Product meets the requirements for the right of withdrawal. BRISK shall proceed to make such refund using the same means of payment used by the User for the initial transaction.

Partial returns of an order shall give rise to the reimbursement of the proportional part of the price paid by the User for such order.

9. Exclusion of liability

The User is hereby informed that BRISK has implemented sufficient security measures to comply with the legally required standards and with the level of diligence required of a professional of its characteristics. This being so, BRISK invests its best efforts to avoid the presence of faults, interruptions, viruses or harmful components on the Website.

However, to the extent that BRISK does not control all the factors on which the occurrence of these circumstances may depend, it cannot guarantee that, exceptionally and in isolation, they may affect navigation on the Web Site, in which case BRISK undertakes to act diligently and resolve the problem as soon as possible after becoming aware of it.

10. Data Protection

By complying to the T&C, the user shares personal data and the same shall be guaranteed by BRISK on its security and confidentiality of the personal data provided by Users as per UAE Laws:

The Personal Data Protection Law, Federal Decree Law No. 45 of 2021 regarding the Protection of Personal Data and The Federal Law No. 15 of 2020 on Consumer Protection protects all consumer rights, including the data of the consumers and prohibits suppliers from using it for marketing, Data Protection Law, DIFC Law No 5 of 2020- Dubai International Financial Centre.

Personal data is defined in Article 1 of the Federal Decree Law No. 45 of 2021 regarding the Protection of Personal Data as any data relating to an identified natural person, or one who can be identified directly or indirectly through linking data, using identifiers such as name, voice, picture, identification number, online identifier, geographic location, or one or more special features that express the physical, psychological, economic, cultural or social identity of the person. It also includes sensitive personal data and biometric data.

In this regard, Users are informed that, in terms of privacy and protection of their personal data, they may exercise the following rights:

Access your personal data;
Request the rectification of any inaccurate data;
Request the erasure of their data;
Request the restriction of the processing of your data;
Object the processing of your data;
Exercise your right to be forgotten; and
Request the portability of their data.
Access the question pertaining to whom personal data will be shared.
Protection measures used in the context of data transfers.

Likewise, Users shall have the right not to be subject to decisions based solely on automated data processing.

The User may exercise all these rights by sending an e-mail to [*] indicating the reason for his/her request.

Notwithstanding the foregoing, in order to know all the details about the processing of personal data carried out by BRISK, the User may find the privacy policy at the following link: https://mea.briskpadel.com/pages/privacy-policy

11. Intellectual and Industrial Property

The User acknowledges that all the elements of the Website and of each of the products, the information and materials contained therein, the brands, the structure, selection, arrangement and presentation of its contents, and the computer programs used in relation to them, are protected by the intellectual and industrial property rights of the Website itself or of third parties, and that the Terms and Conditions do not grant the User any rights other than those specifically contemplated therein in respect of such intellectual and industrial property rights.

Therefore, and by virtue of the provisions of Federal Law No. 31 of 2006 on the Regulation and Protection of Industrial Property Rights, Federal Law No. 37 of 1992 on Trademarks, and Federal Law No. 7 of 2002 on Copyrights and Related Rights, as well as complementary legislation on intellectual and industrial property, it is expressly prohibited to reproduce, transmit, adapt, translate, distribute, communicate to the public, including making available, all or part of the contents of the WEBSITE, in any medium and in any form whatsoever, in any format and in any form whatsoever, it is expressly forbidden to reproduce, transmit, adapt, translate, distribute, publicly communicate, including making available, all or part of the contents of the Website, in any format and by any technical means, unless expressly authorized in writing by the Website.

Specifically, and by virtue of the provisions of national, European, and international regulations on intellectual property, the use of all or part of the contents of the Website, and specifically the content created by the Website, for commercial purposes, in any medium and by any technical means, without the authorization of the Website, is expressly prohibited.

The User shall use the materials, elements and information accessed through the use of the Website solely for his or her own needs and undertakes not to make any direct or indirect commercial use of the materials, elements and information obtained through the Website.

The User undertakes to respect the Intellectual and Industrial Property rights owned by the Website. The User shall refrain from deleting, altering, evading, or manipulating any protection device or security system installed on the Website.

WEBSITE does not grant any license or authorization of use of any kind over its intellectual and industrial property rights or over any other property or right related to the Website, and under no circumstances shall it be understood that access and browsing by Users implies a waiver, transmission, license or total or partial transfer of said rights by Website.

Any use of these contents not previously authorized by the Website will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.

12. Modifications

The information displayed on this Website is current as of the date of its last update. BRISK reserves the right to update, modify or delete the information on this Web Site, as well as these Terms and Conditions of Purchase in order to adapt them to any changes that may occur in the legislation in force and/or the operation of the Web Site. These Terms and Conditions, in which case Users will be notified in advance. These modifications will be valid as soon as they are published on the Website.

13. Safeguard clause

All clauses or terms of these Terms and Conditions must be interpreted independently and autonomously, and the rest of the stipulations shall not be affected in the event that one of them has been declared null and void by a court ruling or final arbitration decision. The clause or clauses affected shall be replaced by another or others that preserve the effects pursued by the Terms and Conditions.

14. Out-of-court Dispute Resolution

Pursuant to the provisions if you as a consumer wish to resolve any dispute you may opt to resolve disputes through direct negotiations with BRISK, you must provide comprehensive details regarding such negotiations. Furthermore, if not satisfied, consumers may reach out to BRISK to resolve the matter through the Department of Economy and Tourism (DET), Dubai and attempt to resolve such dispute within 6 months.

In failure of the above provisions and pursuant to the Regulation on the settlement of consumer disputes online, the Website informs that, in the event of an unsolvable dispute, the User may be referred to the Dubai International Arbitration Centre and finally resolve the issue by arbitration under the DIAC Arbitration Rules in force on the date of the submission of the request for arbitration (“the Rules”), which Rules are deemed to be incorporated by reference into this clause in order to attempt to settle out-of-court any dispute arising from the contractual relationship existing between the parties.

15. Jurisdiction

These Terms and Conditions shall be governed by UAE Law, DIFC Law. The parties, in accordance with The Federal Law No. 15 of 2020 on Consumer Protection and other complementary laws, hereby submit to the jurisdiction of the Courts and Tribunals of the place of residence of the User.