1.1 Definition of Goods
“Goods” means the hardware and/or software provided by Smart Padel Automation, S.L., including licenses, manuals, and accessories.
1.2 Identification
The Goods are identified in the Acceptance Certificate signed by the Client.
1.3 Options
The Client shall choose one of the following:
- Option A – Purchase of hardware + software subscription
- Option B – Renting (hardware + software subscription)
Smart Padel Automation acts as:
- Seller in hardware purchase cases
- Lessor in renting cases
1.4 Client’s Choice
The Client confirms that the Goods and the supplier have been freely chosen.
2. Delivery, Installation, and Support
2.1 Order Cancellation
The Client may cancel the order any time before shipment. Full refund. No exceptions.
2.2 Delivery Confirmation
Signing the Acceptance Certificate confirms receipt and conformity.
2.3 Installation
Hardware installation is the Client’s responsibility.
If installation is incorrect and causes damage or delay, the Client bears all related costs and technical time.
2.4 Technical Support
Support hours: Monday to Friday, 09:00–15:00 CET.
Support levels:
- Level 1: Ticket / email: support@smartpadel.es
- Level 2: WhatsApp appointment
- Level 3: Phone assistance initiated by Smart Padel if deemed necessary
Smart Padel does not provide electrical or physical installation services.
2.5 Malfunctions
Report immediately. Normal wear failures may be replaced at no cost.
2.6 Damage due to misuse
Client pays for repair and associated costs.
2.7 Replacement
If replacement applies, Client ships defective unit at Client’s cost.
2.8 Software Licenses
Client must use licenses in accordance with software terms.
3. Term, Renewal, and Early Termination
3.1 Term
Contract starts on delivery date.
Minimum commitment: 12 months from budget signature.
Automatic yearly renewal unless either Party gives 30-day notice.
3.2 Termination for Breach
Either Party may terminate in case of breach.
3.3 Early Termination by Client
Early termination requires payment of all remaining amounts to complete the 12-month minimum term.
3.4 Renewals
All conditions remain in force during renewals.
3.5 Subscription Prices
Subscription price remains the same unless agreed in writing.
4. Client Obligations
4.1 Payments
Failure to pay any fee allows Smart Padel to suspend software and services.
4.2 Professional Use
Client declares professional use and waives consumer rights.
4.3 Location
Client must notify Smart Padel of location changes of the Goods.
4.4 Assignment
Assignment requires prior written consent. Processing fee: €75 + VAT.
4.5 Ownership
Hardware ownership is determined in Section 16 (Playtomic cases) or by Option A/B choice.
Software is never sold or transferred.
4.6 Return of Goods
In renting models, Client must return the Goods.
4.7 Recovery
If Client fails to return Goods, Smart Padel may recover them at Client’s cost.
5. Insurance
Insurance required for renting cases.
If not provided within 30 days, Smart Padel may insure and bill the Client.
Deductible: €150.
6. Payments
6.1 Method
Allowed payment methods:
- Credit/debit card (monthly)
-
Bank transfer only for:
- annual software payment
- upfront budget payment
SEPA direct debit not allowed (except annual payment cases).
6.2 Failed Payments
Failed/returned payments: €50 + VAT.
6.3 Late Interest
Legal interest + 15%.
7. Price Updates
Max adjustment = national CPI over previous 12 months.
30-day notice required.
8. Termination
Non-payment of 3 monthly fees = contract termination and full minimum-term payment obligation.
9. Non-Renewal
30-day written notice required.
10. End of Contract
Client must return Goods immediately in proper condition.
Client pays for damage or missing items.
11. Assignment by Smart Padel
Smart Padel may assign this agreement upon written notice.
12. Notices
Addresses stated in the contract are binding unless updated in writing.
13. Data Protection
Personal data processed per GDPR and Smart Padel privacy policy.
Client consents to lawful data sharing for contract performance and credit protection.
14. Electronic Signature
Electronic signatures are valid and binding.
15. Invoicing
Invoices sent by email.
Postal invoice: €10 + VAT per invoice.
16. Specific Terms – Third-Party Platform Funded Installations
16.1 Definitions
For the purposes of this section:
- Third-Party Platform Operator: any company, platform, software provider, or digital ecosystem partner that funds, subsidises, or facilitates the deployment of the Goods to the final club/client.
This includes, without limitation, padel, sports, booking, club-management, automation, or digital services platforms.
16.2 Unplug / Funding Support Model
Where a Third-Party Platform Operator funds the hardware for commercial enablement or integration:
- The Third-Party Platform Operator pays for the hardware.
- Smart Padel Automation retains ownership of the hardware for the first 12 months from installation.
- After 12 months, ownership transfers to the final club/end-customer.
- The club/end-customer is responsible for paying the ongoing software subscription.
- The Third-Party Platform Operator has no further financial obligations after the initial hardware funding.
16.3 Strategic / Acquisition / Commercial Deployment Model
Where a Third-Party Platform Operator funds hardware for strategic, commercial, or client-acquisition reasons:
- The Third-Party Platform Operator pays for the hardware.
- The Third-Party Platform Operator retains full ownership of the hardware at all times.
- The club/end-customer is responsible for paying the software subscription.
16.4 Clarifications
- This section applies to any third-party platform or software ecosystem partner.
- Smart Padel Automation does not enter into ownership or liability arrangements between the Third-Party Platform Operator and the club/end-customer beyond the terms stated.
- All other clauses in this contract remain fully applicable.
17. Warranty
- Manufacturer warranty transferred to Client
- Legal minimum warranty always respected
-
Optional Premium Warranty Program:
- €9.99/month or €99.99/year
- Includes 1 immediate replacement event for hardware failure
18. Financing
Financing for purchases is not available.
If the Client wants monthly payments → renting contract applies.