GENERAL CONDITIONS FOR ONLINE PURCHASES VIA THE OFFICIAL BARÇA LICENSING & MERCHANDISING, S.L.U. (“BLM”) WEBSITE
OWNERSHIP OF DOMAIN
Futbol Club Barcelona (hereinafter “FC BARCELONA” or “the CLUB”), with registered office at Carrer Arístides Maillol, s/n, 08028 Barcelona, with NIF (Taxpayer Identification Number) G08266298, registered in the Register of Sports Entities of the Government of Catalonia as a sports club, with no. 2,590, Volume 2, Page 295 of the Sports Entities Registry, is the owner of the website: www.store.fcbarcelona.cat, which can be freely accessed and browsed by all its users.
BARÇA LICENSING & MERCHANDISING S.L.U. (hereinafter, “BLM”) is the exclusive licensee for the domain store.fcbarcelona.com, the management and operation of the store.fcbarcelona.com website (“BLM Website”), as well as the sale of the CLUB’s Official Products. Consequently, BLM is responsible for managing the store.fcbarcelona.com website and for contracting the online purchases of Official Products of the CLUB that users can make through this website.
Internet users who access the BLM Website are subject to the policies and conditions that are in force at the time they access said website, except when, by law or as a result of a decision by the competent body, the appropriate retroactive changes must be made. In this regard, BLM reserves the right, at any time and without prior notice, to modify and update the information contained on the website, its configuration and presentation, and the conditions of access. Therefore, users are advised to read the conditions set out in the legal notice regularly.
PURPOSE AND SCOPE OF APPLICATION
BLM provides an online purchase service to the users of its website store.fcbarcelona.com, available twenty-four hours (24 h) a day, to purchase Official Products of FC BARCELONA. This service is provided for good and valuable consideration, and all the information regarding their purchase process is provided to the user at all times on the BLM Website.
Pursuant to all of the above, these general contracting conditions are intended to establish and regulate the terms and conditions relating to the process to request and purchase official FC BARCELONA products, as well as the rights and obligations inherent to the purchase and use of entrance tickets to the CLUB.
A person becomes a user as a result of using and browsing the website, and, more specifically, the section for purchasing official FC BARCELONA products, and said mere use and browsing imply their voluntary acceptance, without reservation of any kind, of each and every one of the terms and conditions of the contract of sale, to which the users are subject and which are provided hereunder.
In the event of any error in the information published on the website at any time, all attempts will be made to amend it immediately. In addition, the content of the website may occasionally display provisional information.
This document (together with any other document mentioned herein) sets out the conditions that govern the purchase of products through the BLM Website, regardless of the device or means through which the user gains access thereto. By using this BLM Website or ordering a product through it, the user accepts all the General Online Purchase Conditions of this document, the Terms and Conditions of the BLM Website, as well as the Privacy and Cookies Policy.
Should they have any questions regarding these General Online Purchase Conditions, the user can contact us through the contact methods indicated below.
The contract may be formalised, if the user prefers, in any of the languages available on the BLM Website of the General Purchase Conditions.
The sale of official FC BARCELONA products through this website is made by Barça Licensing & Merchandising, S.L.U. (“BLM”), a Spanish company with registered office at Carrer Arístides Maillol, s/n, 08028 Barcelona, registered in the Business Register of Barcelona, Volume 46451, Page 140, sheet number B520440 and with CIF B67192955.
PROVISION OF THE SERVICE
BLM and the CLUB do not guarantee the absence of interruptions or errors that may affect access to the website or its contents, nor that it will be up to date or free of viruses, or any other element that may affect the user's computer system. BLM and the CLUB will do everything necessary to correct the errors, restore communications and update the contents, whenever possible and reasonable, as soon as they become aware of any errors, disconnections or out of date content.
BLM and the CLUB are not responsible for any damage that may arise due to interference, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operation of this electronic system or in the users' computer equipment and devices, caused by reasons beyond the control of BLM and the CLUB, that prevent or delay the provision of the services or web browsing, or for delays or obstructions that affect the use of the website caused by deficiencies or overloading of the Internet or other electronic systems, or the inability to provide the service or allow access for reasons not attributable to BLM or to the CLUB, but caused by the user, by third parties, or by force majeure.
USE OF THE BLM WEBSITE
When using the BLM Website and placing orders, the user guarantees that they are of legal age, with sufficient capacity to enter into a contract, and they agree to:
Make use of this website only to make legally valid enquiries or orders.
Not place any false or fraudulent orders.
AVAILABILITY OF THE SERVICE
FC BARCELONA Official Products offered through the BLM Website offered through the BLM Web are available for the following territories:
a) Member countries of the European Economic Area (EEA), with the exception of the territories of the Canary Islands, Ceuta, Melilla, Busingen, Island of Heligoland, Lugano, Campione d’Italia, Livigno, Faroe Islands, Greenland, Mount Athos, Aland Islands, Antilles, Monaco, San Marino, Vatican City, and Andorra.
Users may make purchases from another territory through the BLM Website, however deliveries will only be offered to the specified collection points or to a delivery address in the previously indicated territories.
Users interested in purchasing FC BARCELONA Official Products and who wish to place an order must follow the online purchase process and click “Pay and Finish Purchase”. After that, they will receive an email confirming their order (the “Order Confirmation” email). In addition, they will also be informed, by email, that the product or their order is on its way (the “Shipment Confirmation” email).
AVAILABILITY OF THE PRODUCTS
All orders will be subject to the availability of the products. In the event that BLM cannot deliver the requested products or any of the units of the product (when the purchase is for several units of product), either due to the lack of stock or for any other reason, the order or part of the order corresponding to the unavailable product will be cancelled and BLM will refund the user the amount they paid.
DELIVERY OF THE PRODUCTS
The delivery of the products will be carried out within the deadlines indicated on the BLM Website at the time of purchase, and in all cases within a maximum period of 45 days from the confirmation of the order. Some customised products may require a longer delivery time.
BLM will inform the user of the delivery methods applicable in their case and of the delivery prices.
In the event that BLM is unable to deliver the products within the established timeframes for reasons attributable to BLM, BLM will duly inform the user and offer them the possibility of (a) delivering on another date; or (b) in the event that the delivery is delayed more than 45 days, cancelling the order and refunding the amount that the user has already paid.
The order will be understood to have been delivered successfully once the user or a third party acting on their behalf acquires material possession of the products, which will be verified by signing the order receipt document at the time of delivery.
In the event that it is not possible to deliver the order on the agreed date and place for reasons not attributable to BLM, BLM will return it to the BLM warehouse and contact the customer to inform them. In addition, the user will be offered a period of 15 days to contact BLM and arrange a new delivery date and address. Should the user not reply to BLM within this period, or if the order cannot be delivered within this period for reasons not attributable to BLM, BLM may cancel the order and pay the user the amount they paid, less the costs for the Express delivery method. In the event that cancellation of the order entails additional transport costs for BLM, BLM reserves the right to charge these costs to the user.
Users are informed that all FC BARCELONA Products will be delivered in the manner and under the conditions specified in each case in the relevant offers of the BLM Website.
BLM may offer the advance sale of certain products, which will always be subject to availability, through the BLM Website. In the case of advance sale products, all of these General Online Purchase Conditions will apply.
Delivery times for products purchased through an advance sale may vary based on availability; this will be duly stated on the BLM Website in relation to each of the advance sale offers.
When the products purchased through an advance sale are available, BLM will notify the user via a “Shipment Confirmation” email.
Users can place mixed orders consisting of advance sale products (not available) and available products (hereinafter, “Mixed Order”). In this case, as indicated in the corresponding product offers, BLM may reserve the right to deliver the products separately within different timeframes, or deliver them in a single shipment once they are all available.
PURCHASES WITH PROMOTIONS
The promotions that BLM may offer through its website in relation to certain products cannot, in any cases, be combined with other promotions or with the benefits the user may have as a member, or Supporters’ Club member, of FC Barcelona.
Users who are CLUB members or CLUB “Penyes” and provide evidence of their status during the purchase process, will enjoy a discount of 10% and 5% respectively on the price of the products.
PURCHASE AS A GUEST
This website also allows users to make purchases as a guest. In this case, the user only needs to provide the necessary data for the processing and delivery of the order.
During the purchase process as a guest, the user will be offered the opportunity to register or continue as a guest.
The prices indicated on the BLM Website are final prices, including VAT but excluding shipping and delivery costs, which will be added to the final amount of the order.
BLM reserves the right to modify the prices of the products and/or shipping costs, although these changes will not affect orders that have been confirmed before the modification of the price.
Customised products will include an additional cost, not included in the price of the product, which will be indicated on the BLM Website in relation to each of the product customisation options.
Once the user has selected all the products they wish to purchase and added them to the “Shopping Cart”, they will need to make payment for the order by following the purchase process and filling out the corresponding form indicating the required data, agreeing not to enter third party data, and accepting that BLM may proceed to collect the amount of the order through the chosen payment method.
The user can choose from the following payment methods: Visa, Mastercard, Amex.
By clicking on the “Authorise Payment” button, the user confirms that they are the holder of the credit or debit card used.
BLM informs users that it will carry out checks and authorisations with the card issuer during the purchase process. If the payment is not authorised by the issuer of the card used, neither the delivery nor the sale contract will be formalised.
In accordance with the provisions of Art. 68 of Law 37/1992, of 28 December, concerning Value Added Tax, the delivery of products will be understood to take place within the applicable territory for Spanish VAT if the delivery address is located within said territory, except for the Canary Islands, Ceuta and Melilla. As provided for by Art. 34 of European Directive 2006/112/EC, which regulates the application of the General Rule and the Special Rule to sales considered ‘distance sales’ intended for delivery to another EU country. The applicable VAT rate will be the legally valid rate at that time, depending on the specific type of product in question, if applicable.
RIGHT OF WITHDRAWAL OR CANCELLATION
The right of cancellation or withdrawal is only applicable to consumers and residents of a member state of the European Union or Iceland, Liechtenstein, or Norway ("EEA"). In this case, users who purchase products through the BLM Website have the right to cancel the sales contract within 14 calendar days from the date the user or a third party acting on their behalf receives the order. If the products of the order are delivered separately, the period for withdrawal will commence on the date of receipt of the last delivered product.
In the case of Advance Sales (Section 10), users have the right to withdraw from the contract within 14 calendar days without the need for justification.
In the case of Mixed Orders, the withdrawal period will expire 14 days after the user, or a third party acting on their behalf, acquires material possession of the last of the purchased goods, without prejudice to the users’ right of withdrawal within 14 days of the shipping confirmation they receive for each of the goods that may be delivered separately in the case of mixed orders.
To exercise the right of withdrawal, the user must contact BLM, within the period indicated in the previous paragraph, through the “Returns” section of the BLM Website, informing BLM of their wish to withdraw from the contract and specifying the products to be returned. BLM makes the withdrawal form available to the user, which is attached as Schedule I to these conditions. Once this withdrawal notice has been received, BLM will contact the user (either by email or telephone) informing them of the steps to be followed to process the return of products to BLM warehouses. The user will be responsible for the transport costs for returning the products to the address indicated by BLM.
If the user exercises the right of withdrawal, BLM will refund the user the amount paid for the product, including the shipping costs, except for the costs of Express mode. BLM will not refund the costs incurred for returning the product. The refund will be made through the same payment method that the user used to make the purchase. Payment of the amount will be carried out within 14 calendar days from the date on which the user notifies BLM of the withdrawal decision.
Product returns will only be accepted when the products are returned in the same condition in which they were received by the user or, otherwise, provided that the decrease in value of the goods is not the consequence of handling them, other than the amount of handling necessary to establish their nature, characteristics or functioning. No refund will be given if the product has been used, beyond it being opened, or for products that have suffered any damage or deterioration, including to the labelling. Products must be returned with the original labelling in perfect condition, as well as any other documents or instructions accompanying them.
The following products cannot be returned or exchanged:
Any customised product.
Underwear, swimsuits, bottles, flasks, water bottles, thermoses, cups, glasses, dummies, baby bottles and accessories, headphones and all such goods that are sealed for safety, health or hygiene reasons, and which have been removed from the seal after delivery.
Products that have been used or have deteriorated as a result of use, other than such use necessary to assess the nature, characteristics and functioning.
Users who purchase products through the BLM Website have the right to return them within 30 calendar days from the date the user or a third party acting on their behalf receives the order. If the products of the order are delivered separately, the period for the withdrawal will commence on the date of receipt of the last delivered product.
In the case of Mixed Orders, the return period will expire 30 days after the user, or a third party acting on their behalf, acquires material possession of the last of the purchased goods, without prejudice to the EEA users’ right of withdrawal within 14 days of the shipping confirmation they receive for each of the goods that may be delivered separately in the case of mixed orders.
To exercise the return, the user must contact BLM, within the period indicated in the previous paragraph, through the “Returns” section of the BLM Website, informing BLM of their wish to return the products and specifying the products to be returned. Once this withdrawal notice has been received, BLM will contact the user (either by email or telephone) informing them of the steps to be followed to process the return of products to BLM warehouses. The user will be responsible for the transport costs for returning the products to the address indicated by BLM.
Once BLM has accepted the return, BLM will refund the user the amount they paid for the product, including the shipping costs, except for the costs of Express mode. BLM will not refund the costs incurred for returning the product. The refund will be made through the same payment method that the user used to make the purchase. Payment of the amount will be carried out within 14 calendar days from the date on which the user notifies BLM of the withdrawal decision.
Title and risk to the returned products will not be taken back or assumed until it physically arrives back in the returns facility, and therefore users are advised to use a courier service offering a tracking number, and to take out adequate insurance to cover the cost of the goods in transit.
In the case of defective products, according to Article 97.1 of the “Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias”, the user may exchange the product using the return process with a valid proof of purchase within a period of three (3) years from the date of delivery (for products purchased before January 1, 2022, the period is two (2) years from the date of delivery).
In no case will BLM be responsible for the circumstances listed below, by way of example and not limitation, nor for any damage that may arise as a result thereof, therefore it cannot and does not guarantee: a) Possible safety errors that may be caused by the use of computers infected by computer viruses; b) The use by third parties of items owned by the CLUB that lead to confusion as regards their identity; c) Infringement of industrial and intellectual property rights by third parties; d) Third-party breaches that may affect the users of the BLM Website; e) Failures in the operation of the website or any of its services for reasons not attributable to BLM; f) Consequences arising from the malfunction of the browser or the use of versions that are not up to date.
The personal data required to make a purchase on the BLM Website, which consists of identification and contact details, will be processed by BLM for the sole purpose of managing the sale, which includes invoicing, shipping and the corresponding customer service, if applicable.
In this regard, the legitimate basis for the processing is the fulfilment of the contractual obligations arising from the purchase.
The purchaser’s data will be reported to the suppliers involved in the purchase process, such as IT suppliers that manage the BLM Website and customer service. These companies will always manage the data on behalf of BLM and following BLM’s instructions, and will not make any other use of such data in their own name.
Based on the purchaser's country of residence, the data may be communicated internationally, including to countries outside the European Union and the European Economic Area (for example, logistics or web management suppliers), in particular due to the inherent characteristics of the Internet. In any case, BLM will ensure that any international transfer of data complies with the guarantees required by the applicable regulations, either by signing specific contracts approved by the EU or through security certifications approved for this purpose.
All the purchasers’ data will be kept for five years, in order to fulfil the legal obligations arising from the purchase. Once this period has elapsed, the data will be kept blocked in order to be able to attend to any legal obligation or claim and to respond to requests from the competent authorities, for a maximum of 15 years.
For more information on the processing of your data and to exercise your rights of access, rectification, erasure, limitation, objection or portability, you can contact us in writing at the postal address Carrer Arístides Maillol, s/n, 08028 Barcelona (Spain), indicating “Online store data protection” in the reference, or by email at email@example.com.
If you have any concerns, questions or complaints about the way in which we process your personal data, you can contact our Data Protection Officer at the above postal address, indicating “Online store DPO” in the reference, or by email at firstname.lastname@example.org. If you do not receive a response within a reasonable amount of time, or if the answer is not satisfactory, you can file a complaint with the Spanish Data Protection Agency, or any other competent authority.
ENQUIRIES, SUGGESTIONS, COMPLAINTS OR CLAIMS
For any suggestion, enquiry, complaint or claim, users can contact BLM through the current or future communication channels indicated at any time, such as:
Telephone: +34 932 750 095
Post: BLM Customer Support - Carrer Arístides Maillol s/n - 08028 - Barcelona
GOVERNING LAW AND JURISDICTION
These general contracting conditions, together with, where appropriate, specific conditions that may be established, will expressly regulate the relationships that arise between BLM and the users who buy FC Barcelona Official Products through its website.
These general conditions have been prepared in accordance with the provisions of Law 34/2002, of 11 July, on information society and electronic commerce services, Law 7/1998, of 13 April, on general contracting conditions, Legislative Royal Decree 1/2007, of 16 November, which approves the consolidated text of the General Consumer and User Defence Law and other supplementary laws, and Law 7/1996, of 15 January, on Retail Trade Regulation, as well as any other legal provisions that may apply.
BLM may modify these general conditions, by posting such modifications on its website.
If any clause included in these general conditions is declared totally or partially null or invalid, such nullity or invalidity will affect only that provision or the part thereof that is affected, and the remainder of the provisions will remain in effect.
In the event that any conflict or discrepancy arises in the interpretation or application of these legal conditions, the courts that hear the matter, where applicable, will be those established by the regulations pertaining to competent jurisdiction, which will be, in the case of final consumers, the place where the obligation was fulfilled or the consumer’s address.
In the event that the consumer has their address outside Spain, or if the procedure consists of a purchase made by a company, both parties will be subject, expressly waiving any other jurisdiction to which they may be entitled, to the Courts of Barcelona (Spain).
SCHEDULE I. WITHDRAWAL FORM
(You only have to complete and send this form if you wish to withdraw from the contract)
– To the attention of (here you shall insert the name of the company, its full address and its email address):
– I hereby inform you that I withdraw from the contract of sale of the following product:
– Ordered on date / Received on date (*)
– Consumer name
– Consumer Address
– Consumer signature (only if this form is submitted on paper)
(*) Delete as appropriate.