Terms and Conditions of Sale and Use


THESE TERMS

These general terms and conditions of sale and use (hereafter "T&C") as well as the relevant "Privacy Policy" and "Cookies Policy" are applicable to the internet site (https://memorabilia.realmadrid.com) (hereinafter the "Marketplace") that PURSUIT 3 MARKETING GROUP S.L. ("P3") as manager and sole manager of Official Memorabilia Santiago Bernabéu Stadium, makes available to internet users recycled second-hand items taken from the Santiago Bernabéu stadium, offering the products and services manufactured and distributed under the trademarks owned and/or licensed to or by REAL MADRID (hereafter all together the "Product(s)" and/or the "Service(s)"). P3 offers the Products and Services for sale via the Marketplace to users by auction format (hereinafter referred to as “Auction”) and fixed price formats (hereinafter referred to as “Product Collections” and “Seat Program”).

P3 is domiciled at Calle Alicante, 3, 28523, Rivas Vaciamadrid (Madrid), España, registered at the Commercial Registry of Madrid, and holder of a tax ID number B679913070.

By accessing and using the Marketplace, bidding on, ordering or buying Products or Services from the Marketplace, the customer (hereafter "Customer" or "You") declares to have fully read and understand and fully accepts all the terms and conditions included in these T&C. These T&C can be saved and/or printed and are accessible from all the pages of the Marketplace.

P3 reserves the right to refuse Service or access to the Marketplace to anyone for any (or no) reason. Harassment in any manner or form on the Marketplace, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a P3 or other licensed employee, host, or representative, as well as other members or users on the Marketplace is prohibited. You may not upload to, distribute, or otherwise publish through the Marketplace any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Marketplace or use the Marketplace to solicit others to join or become members of any other commercial online service or other organization.

These T&C may be amended from time to time. The T&C applicable are those accepted by the Customer when placing an order, which will be sent to the Customer together with the order confirmation email once and if such order is accepted pursuant to this T&C.

1. YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. Please ensure your password is kept confidential and secure. If you have any reason to believe that your password has become known to another person, or if the password is being or is likely to be used in an unauthorized manner, or if you wish to change your password or access pin code you can do it through this link https://signin.realmadrid.com by clicking on the option "Can't log in?" and follow the steps that will be shown below.

Please ensure the details you provide are correct and complete, and inform us immediately of any changes to the information provided when you registered.

The Marketplace and processor only sell Products to individuals who purchase using a valid credit card and are at least 18 years of age.

P3 reserves the right to refuse access to the Marketplace, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order solely from P3, it will be without charge to you.

2. OUR CONTRACT

When you place a bid or an order to purchase a Product from the Marketplace and processor (subject to these T&C), we will send you an email confirming you are the winning bidder; or, if applicable, a receipt containing order details. Your winning bid or order represents an offer to us to purchase a Product, which is accepted when we send an email to you confirming you are the winning bidder. In the case of an order the confirmation or acceptance of the order will be complete when we send the order confirmation email to you. You are seeking to enter into a contract with P3 when you place a winning bid or an order.

This contract is legally binding from the moment You have placed a winning bid or an order, your winning bid or order has been accepted by us and we have sent you the confirmation email.

P3 will retain the Products until full payment has been made by you and has been received by P3. P3 reserves the right to hold any orders prior to shipping for security review. P3 only delivers its Products to the locations listed in these T&C. In the event that an order is placed for a delivery to a location where we do not deliver, the order will be cancelled and a refund processed.

3. DELIVERIES

We will endeavor to deliver all Products ordered within the time period specified on the Marketplace. Please refer to the Shipping section within these T&C for more information.

All shipments of the Products purchased from the Marketplace are made pursuant to the order placed by the Customer. The order confirmation email shall be deemed to be a shipment contract. This means that the risk of loss for such Products passes to the Customer on delivery to the carrier. If you have received your order confirmation email but your Products have not arrived within the time specified, please contact us at [email protected] indicating your name and surname, order number, Socios or Madridista number and a contact telephone number, and we will do our best to assist. Please allow an additional day before raising a query during exceptionally busy periods (e.g. summer months, Christmas and other holidays etc.) or when the weather is particularly inclement.

If your order has not been received within the specified timescales indicated in the Shipping section 23 of these same T&C, and in the confirmation email, check the status of your shipment by checking the tracking number provided for your package. If despite the above you still have not received your Product(s), please contact us at the email address provided above so that we can provide you with a solution.

Purchases and/or deliveries to the following countries are currently not accepted:

Nigeria

Ethiopia

DR Congo

Tanzania

Kenya

Uganda

Algeria

Sudan

Angola

Mozambique

Ghana

Madagascar

Cameroon

Côte d'Ivoire

Niger

Burkina Faso

Mali

Malawi

Zambia

Senegal

Chad

Somalia

Zimbabwe

Guinea

Rwanda

Benin

Burundi

Tunisia

South Sudan

Togo

Sierra Leone

Libya

Congo

Liberia

Central African Republic

Mauritania

Eritrea

Namibia

Gambia

Botswana

Gabon

Lesotho

Guinea-Bissau

Equatorial Guinea

Mauritius

Eswatini

Djibouti

Comoros

Russia

Belarus

Ukraine

4. FEEDBACK AND COMPLAINTS POLICY

We welcome any comments about our Service, so we can improve it. Our aim is to deal with any problems quickly and fairly. If you wish to file a complaint, please email our customer services team at [email protected] stating clearly in the subject line of the email that you are submitting a complaint, your full name, Socios or Madridista number, and the order number. Our aim is to respond within seven (1) working day, either resolving the complaint or with a timescale for resolution.

5. PRICING AND AVAILABILITY

All prices are quoted in Euro currency and are valid and effective only for items auctioned/offered and shipped from Spain. Shipping and VAT will always be applied at checkout unless otherwise indicated. On the Marketplace you will be shown the shipping cost calculation before making the payment so that you know the total shipping cost before finalizing your purchase. We list availability information for Products sold on the Marketplace in as much detail as possible, including on each Product information page. Dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email of its status and we will also inform you if any Products are subsequently found to be unavailable for some reason.

If you identify any error in the price or discount applied to any Product in the Product Collections or Seat Program sections, or any other error on the Website, please contact our customer service team at [email protected], indicating your full name, Socios or Madridista number and order number if applicable. The customer service team will review the requested information and provide you with a solution in case the order has been charged with an incorrect amount.

6. CUSTOMS

When ordering Products from the Marketplace for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by You as we have no control over them and cannot predict what they may be. Customs policies vary widely by country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the Marketplace, you are considered the importer of record and must comply with all laws and regulations of the country in which the Products are received. Your privacy is important and we know you care about how order information is used and shared. International Customers and Customers requesting shipment of Products purchased outside Spain should be aware that cross-border deliveries can be opened and inspected by customs authorities.

7.DISCLAIMER AND LIMITATION OF LIABILITY

7.1. FROM INFORMATION

The Customer accepts that P3 assumes no responsibility for the delay, deletion, erroneous delivery and/or failure to store Customer communications or personal settings.

P3 also does not assume liability for decisions taken based on the information provided on the Marketplace nor any of the damages to the Customer or third parties arising from actions that are based exclusively on the information obtained from the Marketplace.

7.2 FROM QUALITY OF SERVICE

P3 reserves the right to refuse to provide the Service for anyone for any reason and/or discontinue the Service or any part thereof, with or without prior notice in case of breach of these T&C.

Use of this Marketplace is subject to all applicable regulations and the Customer is solely responsible for the method of communications they use to access the Marketplace. Access to the Marketplace does not imply any obligation on the part of P3 to control the absence of viruses, computer worms or any other malicious software. The Customer is responsible in all cases for having adequate tools for detecting and disinfecting malicious software. P3 is not liable for any damage to the operating systems, software, hardware or any other equipment of Customers or of third parties during the accessing of the Marketplace Service.

Among others, including and not limited to, P3 will not be held responsible for the following circumstances:

  • The absence of maintenance and effective operation of the Marketplace and/or of its Services or content for reasons beyond its control;
  • Lack of usefulness and functionality of the Marketplace for reasons beyond its control;
  • The existence of viruses, malicious or harmful programs.
  • The receiving, obtaining, storing, spreading or transmitting of contents by Customers.
  • The illicit, negligent or fraudulent use, contrary to the General Terms, or to good faith, of the generally accepted uses, or of the public order, of the Marketplace and its contents, by the Customer.

THE CONTENT AND ANY OTHER MATERIALS IN THE MARKETPLACE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, P3 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. P3 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. P3 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CUSTOMERS (AND NOT P3) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO ANY SUCH CUSTOMERS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL P3 BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MARKETPLACE, EVEN IF P3, OR ONE OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ANY SUCH CUSTOMER. IN NO EVENT SHALL P3 TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MARKETPLACE.

7.3. FROM THE AVAILABILITY OF THE SERVICE

Access to the Marketplace requires Services and supplies from third parties, including transmission through telecommunications networks, the reliability, quality, continuity and functionality of which are not the responsibility of P3. Accordingly, Services provided through the Marketplace may be suspended, cancelled or blocked, prior or simultaneous to the provision of the Marketplace Service.

P3 is not responsible for damages of any kind incurred by the Customer that are caused by failures or disconnections in telecommunications networks, computer failures or other electronic systems that cause the suspension, cancellation or interruption of the Marketplace Service during a Customer's session.

7.4. ON THE CONTENT AND SERVICES LINKED THROUGH THE MARKETPLACE

The Marketplace access Service includes technical linking devices, directories and even search tools that permit the Customer to access other websites and internet portals (hereinafter, 'Linked Sites'). The Marketplace includes Linked Sites solely as a convenience to Customers. In such cases, P3 acts as a intermediation service provider in conformity with Article 17 of Information Society Services and Electronic Commerce Law 34/2002, of July 12, 2002 (the "LSSI") and will only be liable for the content and services supplied on Linked Sites to the extent that P3 is actually aware of their unlawfulness and has not disabled the link with due care. If the Customer considers that there is a Linked Site with unlawful or inappropriate content, the Customer may communicate this to P3 in accordance with the procedure and the effects established in Clause 9, although such communication will not, under any circumstances, entail any obligation to remove the link in question.

Under no circumstances must the existence of Linked Sites presuppose the existence of agreements with the owners or persons in charge of those Linked Sites, or any recommendation, promotion or identification of P3 with, the representations, content or services provided. The Linked Sites are provided solely for reference purposes as a convenience to Customers. Although P3 only provides links to websites that, to the best of its knowledge and belief, comply with applicable law, P3 is not aware and does not approve of the content or services of Linked Sites and, therefore, cannot be held liable for any damage caused by the unlawfulness, quality, obsoleteness, unavailability, error or ineffectuality of the content and/or services of Linked Sites, or for any other damage that is not directly attributable to P3.

P3 makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through the Linked Sites. Access and use of the Linked Sites, including information, material, products, and services on linked sites or available through linked sites, is solely at the such Customer's own risk. P3 explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Marketplace from third parties. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, P3 cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites.

P3 cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Marketplace, since other shop channels are owned and operated by independent retailers. P3 does not endorse any of the merchandise on these third-party sites. P3 does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you agree to irrevocably waive any claim against P3 with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You, the Customer, hereby irrevocably waive any claim against P3 with respect to any incident arising out of any Linked Sites.

We reserve the right to remove or block access to this content suspected of being illicit or detrimental to assets or rights of third parties and including cases in which we have effective knowledge of this, whether through court decision, administrative order or any other means.

8. ELECTRONIC COMMUNICATIONS

P3 will communicate by email with Customers or by posting notices on the Marketplace. For contractual purposes, the Customer consents to receive communications from P3 electronically and agrees that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

9. CONTACT

You can contact us via email at [email protected] indicating whenever possible your full name, Socios or Madridista number where appropriate, contact telephone number and order number if applicable.

10. DISPUTES

Any dispute relating to your visit to the Marketplace or to products you purchase through the Marketplace may be submitted to the courts of Spain as set out in clause 15 of these T&C, except that, to the extent you have in any manner violated or threatened to violate in any way the intellectual property rights of P3, P3 may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.

11. ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS

P3 reserves the right to make changes to our Marketplace, policies, and T&C at any time. Your use of the Marketplace and your orders will be subject to the policies and terms and conditions of sale in force at the time that you use the Marketplace and that you accept at the same time you make a purchase of Products, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these T&C are deemed invalid, void, or for any reason unenforceable, that condition will be deemed individually and independently and will not affect the validity and enforceability of the remaining conditions.

12. FORCE MAJEURE

P3 will not be liable or responsible for the failure or delay to perform any of its obligations caused as the result of an event of force majeure, outside of P3’s control that P3 could not reasonably foresee at the time when the contract was entered into with the Customer and which consequences P3 cannot reasonably avoid or overcome.

13. PERSONAL DATA

P3 invites the Customer to consult the “Privacy Policy" section by clicking on the link above for more information on how P3 processes personal data and the Customer's rights in relation thereto.: You can also read the information about the cookies that we use in the Marketplace by referring to the “Cookies Policy”.

14. WAIVER

If the Customer breaches these T&C and P3 takes no action against such non-compliance, it will still be entitled to exercise its rights and remedies in any other situation where the Customer breaches these conditions.

15. GOVERNING LAW AND JURISDICTION

These T&C are governed in each of its points by Spanish law for the resolution of any controversy related to the present T&C, or the Marketplace. By accessing the Marketplace, each User agrees that any action at law or in equity, arising out of or relating to these T&C, shall be filed only in Spanish courts, and each Customer hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these T&C shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these T&C and shall not affect the validity and enforceability of any remaining provisions. The failure of P3 to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such, or any other, right or provision. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

16. INDEMNIFICATION

You hereby agree to indemnify and hold P3, Real Madrid C.F., its limited partners, shareholders, directors, officers, employees and agents of the foregoing entities harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (i) your use of the Marketplace, including but not limited to the Products, Auctions, Product Collections, Seat Program and/or Services purchased via the Marketplace; or (ii) any alleged breach of this Agreement by you.

17. PRODUCT COLLECTIONS AND SEAT PROGRAM

The Product Collections and Seat Program sections of the Marketplace offers items for purchase at fixed prices. Product listings within the Product Collections or the Seat Program may appear to be similar to those offered in the Auction but will typically contain a differentiating characteristic, such as a unique limited edition number in the series for a limited edition item.

Product Collections and Seat Program items are made-to-order. Unless for reasons stated within section 24. Returns of these T&C and without prejudice to your statutory rights, ALL SALES ARE FINAL.

All prices indicated in the Product Collections and Seat Program sections exclusively include taxes. The prices shown for Products offered by Auction do not include taxes. Shipping costs are an additional price of the Product, as indicated and confirmed at the time of purchase.

The following payment conditions exclusively apply to the sale and purchase of Seat Program Products and NOT for our Auction and Product Collections.

Following is the payment process and options available when placing your Seat Program product order:

If you are an Socios Abonado or Socios no Abonados of Real Madrid C.F., a 50.00 € deposit per seat order at the time of checkout will be required to reserve your seat product.

If you are a Madridista, a 75.00 € deposit per seat order at the time of checkout will be required to reserve your seat product.

As soon as we receive your deposit, we will begin the process of handling, cleaning preparing and customizing the seat according to the preferences you have chosen in your order.

You may request a refund of your deposit, thereby canceling your order, at any time and for whatever reason before your seat is removed from the stadium. However, if you decide to cancel your order, the amount of the deposit which will be refunded would be reduced to compensate for the cost and expenses in which we have incurred until that date in accordance with the following calendar:

  • If you cancel your order within 7 days after the time of checkout, provided your seat has not yet been removed from the stadium, 75% of the deposit would be refunded in order to compensate our costs and expenses incurred in the following activities: Authentication, QR Code Assignment
  • If you cancel your order within 14 days after the time of checkout, provided your seat has not yet been removed from the stadium, 50% of the deposit would be refunded in order to compensate our costs and expenses incurred in the following additional activities: Authentication, Label printing
  • If you cancel your order within 21 days after the time of checkout, provided your seat has not yet been removed from the stadium, 25% of the deposit would be refunded in order to compensate our costs and expenses incurred in the following additional activities: Seat Removal Preparation
  • If you cancel your order after your seat has been removed from the stadium, 0% of the deposit would be refunded in order to compensate our costs and expenses incurred in the following additional activities: Seat Removal

Any deposit refund requests must be made in writing by email to [email protected] indicating the order number, Socios or Madridista number, first and last name of the customer and a contact telephone number.

For more details on refunds please refer to section 25. Refunds within these same T&C.

When your seat product is in the final stages of being prepared for shipping from our warehouse, we will notify you by email (typically 14 days in advance of the estimated warehouse shipping date) communicating the following options to complete the balance owed for your purchase, which will become due in full at that time:

 

  1. Single payment by credit card. You don’t need to do anything, we will automatically charge the credit card on file and associated with your account after 72 hours of the email notification. If you want to change your credit card, you can do so by registering with your details at https://memorabilia.realmadrid.com/, accessing your profile, or;
  2. 6-month financing with no interest. You will also have the possibility of taking advantage of a 6-month payment plan without interest that we will provide you through the financial company Confia. The Confía payment plan service is only available to residents in Spain who present their DNI number and are approved at the sole discretion of Confía during the payment process. The limit of the amount to be financed is €600. Details and all applicable terms and conditions can be found here.

The amount of the balance owing for each seat order will be the original purchase price less the deposit. If for whatever reason, we are unable to process your credit card, we will notify you by email informing you of the payment issue, at which time you will have 72 hours to rectify the matter. In the event you fail to pay the balance owing within 72 hours after such notice, your order would not be completed and we will retain 100% of your deposit to compensate us for the cost and expenses in which we have incurred until that date in accordance with the above calendar.

The exact delivery date of your order may vary and will depend on when your seat can be removed from the stadium and whether or not you have requested a custom base for your seat. It is estimated that the extraction of the seats will take place throughout the summer of 2023. We will keep you promptly informed by email of the status of your order and for any questions you can send an email to [email protected] indicating the order number, Socios or Madridista number, first and last name of the customer and a contact telephone number.

18. AUCTION RULES

The following is generally the way an Auction at the Marketplace works, although additional information might appear on website screens. We reserve the right to change the Auction rules from time to time, including per Auction listing, at our sole discretion.

  • You must be at least 18 years of age and have set up an account with a valid credit card (“User or Bidder”) in order to be eligible to place bids.
  • Bidding on an item is an offer to buy the item at the price in the bid, provided the Bidder's offer is the WINNING BID at the close of the Auction. Each item is its own separate Auction.
  • All WINNING BIDS are sales and deemed to be a legally binding contract of sale, compliant with Spanish Trading Standards. All Auction sales are final and not subject to cancellation or revocation once submitted.
  • All bids are made in automatic increments that we will set for each item (e.g., an increment might be 5, 10, 50 or another amount in (€). You may set a “proxy” bid which is the highest amount you are willing to bid: you may increase that amount but may not decrease it. You agree that (a) P3 may automatically place a bid (for the amount of the bid increment established for each Product in the Marketplace) on your behalf each time someone bids higher than your existing bid until your max bid amount is reached, and that (b) you will be bound by each bid so made. For example, if the increment is 5 (€) and the highest price you are willing to pay is 100 (€), you may set your max bid at 100 (€). If your first bid is 50 (€) and someone else bids 60 (€), your bid will automatically be increased (by max) to 65 (€); if no one else bids, 65 (€) will be the WINNING BID (yours). If someone else bids 105 (€), you will be notified of this, but P3 will not place any further automatic bids on your behalf because you previously set your limit at 100 (€).
  • All bids must be a minimum of 1 (€) or in another amount posted for each item. Auctions may or may not be subject to a “reserve” (a minimum amount that the seller wants to be paid as a condition to being willing to sell the item). However, we reserve the right to establish a reserve amount (and if we do, it will be posted in the details of the Product listing).
  • If a problem occurs with a WINNING BID in an Auction, we might offer you an opportunity to reinstate your currently unsuccessful bid to a currently winning status at your last bid price (i.e., you might become the WINNING BIDDER even though you thought you lost). We will contact you at our option. At your option, you may decline or accept the opportunity to become the WINNING BIDDER.
  • An Auction closes at its specified ending time, or five minutes after the last bid is placed, whichever is later. E.g. If an Auction is set to end at 4:00pm and a bid is placed at 3:59pm, the Auction is extended for 5 more minutes and will be set to close at 4:04pm. If another bid is placed between 3:59pm and 4:04pm, the Auction will be extended for another 5 minutes after the last bid. This process will continue until five minutes have passed without placement of another valid bid. Among other goals, these rules are intended to help prevent buyers from being locked out of an Auction due to a slow Internet connection.
  • Auction closing times are approximate, and P3 reserves the right to close an Auction earlier or later than the scheduled time. The closing times of the Auctions will be made available to the Bidders on the Marketplace in a clear and timely manner.
  • The highest amount bid at each Auction's close will be the WINNING BID for that Auction. No bid may be viewed as the WINNING BID until we have confirmed it by sending you an email.
  • PS reserves the right to cancel or remove Auction listings and/or User Accounts at our sole discretion, at any time for any reason and without your prior notice.
  • We reserve the right to re-offer a previously offered or sold item for any reason at our sole discretion, at any time.
  • Bid manipulation or “shill” bidding of any kind is expressly forbidden, as is bidding for the sole purpose of increasing the purchase price (subject to all applicable laws). The credit card (or any other payment method that we allow from time to time) of the person with the WINNING BID will be charged at the Auction’s close.
  • Bidders are prohibited from communicating with each other for the purpose of manipulating the final purchase price of an item and from "spamming" (sending unsolicited commercial email to Users).
  • If a credit card or other payment method is declined for any reason, P3 (or a service provider) will attempt to contact the WINNING BIDDER by e-mail. If P3 cannot verify your payment method or if we do not receive payment within 24 hours of the Auction’s close, we reserve the right to; a) offer the item in question to the next highest Bidder with a compliant payment method or; b) re-offer/sell the item via Auction or other method or; c) choose to retain the item for any other purpose at our sole discretion.
  • The Customer is not entitled to any refunds or exchanges of the Product purchased in the auction, so please do not bid (directly or automatically via a max bid) unless you are willing to buy the Product for the bid amount (plus applicable taxes and delivery charges etc.).
  • Taxes will be added to all WINNING BID amounts.
  • The Customer agrees not to take any action that would violate any applicable international laws.
  • The Customer agrees to provide only true and accurate information about yourselves to P3 and in all P3 forms.
  • It is a violation of law to make bids in a false name or with an invalid credit card or other payment method, even if P3 software initially accepts such a bid. Please be aware that even if you do not provide us on the Marketplace your real name, your web browser may transmit a unique Internet address to us, which can be used by law enforcement officials to identify you.
  • Technical difficulties (e.g., bids might not be processed or accepted) or other difficulties (such as fraud or the like) might occur. No warranties or guarantees are made by P3 or any other party involved in the process regarding the absence of such difficulties. You agree that P3 or their service providers or any affiliate companies will not be liable for such difficulties and that P3 may decide how to deal with the resulting situation in its sole discretion (e.g., by rescinding all or part of the Auction or taking such appropriate action that appears appropriate to P3 in the circumstances).
  • Fraudulent Bidders may be prosecuted to the fullest extent of the law, to the extent of intervention by domestic or foreign regulators or law enforcement officials.
  • P3 may suspend or cancel access to Auctions if it appears to us in our good faith and sole discretion that there appears to be a violation of these Marketplace T&C, including (without limitation) these Auction rules.
  • To report a violation of P3 T&C, please contact us by emailing

[email protected] .

19. PAYMENT & YOUR REQUEST AND CONSENT TO OUR RETENTION OF YOUR PAYMENT INFORMATION

Before making a bid or purchase at the Marketplace you must supply us information about the credit card (or other payment method we might allow from time to time) to which any WINNING BID or purchase will be charged. If you register your payment method, such registration will be your consent to the Retained Payment Method Consent that appears below. Do not register to bid or purchase if you do not want to provide that consent.

Only valid credit or debit cards are an acceptable payment method and any (if any) refunds will be credited to the same card at the discretion of P3. By designating or registering a payment method, the Customer represents, warrants and agrees that:

  1. True and accurate information is provided about a payment method that is valid and has a balance sufficient to cover a winning bid or purchase;
  2. Authorizes P3 to verify your information and payment method. The accuracy of the payment method may be checked, among other ways, by making a small charge to your card temporarily (e.g. €1.00), but once validity is indicated the charge will be eliminated from your actual card statement;
  3. P3 are authorized to use the method designated by the Customer;
  4. P3 are authorized to charge the amount of your order (including all amounts of fees, taxes, shipping costs and other amounts due hereunder) to your payment method; and
  5. The Customer will keep their payment method and information valid and accurate. If your payment method cannot be verified, is invalid, or is not otherwise acceptable, your purchase (including WINNING BIDS) may be suspended or cancelled at the sole discretion of P3. The Customer must resolve any problem P3 identifies in order to proceed with your purchase. Your contract for your payment method (e.g., your credit card agreement with your credit card issuer) governs your payment method so you should refer to that agreement (not this one) with respect to your rights and liabilities as a payment method holder (such as a cardholder). P3 recommends that the Customer agrees to make and keep a copy of records relating to your order such as your order confirmation page.

20. RETAINED PAYMENT METHOD CONSENT

The payment method provided will be used in future purchases made on the Marketplace.

You may not bid on or purchase an item without first providing a payment method. The means of payment you provide for these purposes will be kept and used both in possible subsequent auctions and in each of the subsequent purchases made on the Marketplace using your credentials (e.g., password) until you remove your payment information. You may remove it by following the removal instructions provided once we allow registration or by contacting our customer service by sending an email to [email protected] indicating your name and surname, Socios or Madridista number, contact telephone number and order number or auction reference. If you remove the payment information before your purchase is complete, however, you will need to promptly supply a substitute payment method in order to complete that purchase.

21. ADDITIONAL TERMS

21.1 NATURE OF THE MARKETPLACE

Items available on the Marketplace are not provided or intended for ordinary use and some may not be new. For example, an autographed football may be used or new, but in either case it is offered as a collector’s item; and it is assumed that the person acquiring it will treat it as such. In the case of some used items, we warn that they may have deteriorated due to their use.

21.2 ORDER FULFILLMENT ISSUES

In the event P3 are unable to complete fulfillment of an order from the Marketplace, either in whole or in part, due to unforeseen circumstances beyond our control or for any other reason, the Customer agrees that no compensation or replacement(s) will be issued. The Customer will be entitled to a 100% refund related to the unfulfilled item(s) in question where payment has been previously made.

21.3 COLOURS

P3 has been made every effort to portray the colours of the Products that appear on the Marketplace as accurately as possible. However, because the actual colours you see depend on the monitor you are using, P3 cannot guarantee that your monitor’s display of any colour will be completely accurate.

21.4 OUR RIGHT TO CORRECT ERRORS

From time to time there might be information on the Marketplace that contains an inaccuracy such as a typographical error, mistake or omission (collectively, “Inaccuracy”), including any relating to item descriptions, pricing, availability or other information. P3 reserves the right to correct any Inaccuracy even if an Auction has already occurred or any fixed price item has been sold. P3 apologizes in advance for any inconvenience this may cause to Customers. Even when there is no Inaccuracy, the item descriptions are intended to provide information only -- they are not intended to be express warranties and the Customer agrees not to rely upon them as such.

21.5 PRICING

All prices for the Marketplace are in Euro currency and are valid and effective only for items auctioned/offered and shipped from Spain; sales taxes and any (if any) shipping and handling charges are always additional unless otherwise indicated. All items are subject to availability, quantity limits and your compliance with the Official Memorabilia Santiago Bernabéu Stadium T&C. Subject to applicable law, we reserve the right to reject all or part of a WINNING BID without notice if we believe there has been a violation.

21.6 PLACE OF ACCEPTANCE

If your bid or fixed price offer is accepted, acceptance is subject to (a) verification that your designated payment method is valid and has a sufficient credit or other balance to cover your full bid or offer and all other amounts due under the P3 T&C, and (b) your full compliance with the P3 T&C and with any additional conditions in disclosures made on P3 or in the listing for the item (including any links from the foregoing). Acceptance will be deemed valid by P3 once fulfillment of the above conditions has been assured. If P3 did not receive payment within 24 hours we may suspend or cancel your interest in the Product you offered to purchase without further notice, and the Customer agrees that P3 may do whatever we want with the item (e.g., sell it to someone else, keep it or anything else) without any accounting or liability to you.

22. GENERAL DISCLAIMER

P3 reserves the right, in its sole discretion and without any obligation, to modify or correct any error or omissions in any portion of this Marketplace, the Auction, Seat Program and/or Product Collections.

This Marketplace and all of the materials on or referenced by the Marketplace are provided on an "as is" basis, without warranties of any type and P3 expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any materials and products. In no event shall P3 be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the use of this Marketplace or products purchased through the Auction, Seat Program and/or Product Collections. By your use of this Marketplace, you agree that you are using this Marketplace solely at your own risk.

  1. SHIPPING

23.1AUCTION AND PRODUCT COLLECTIONS DELIVERY

Unless otherwise indicated, all product deliveries originate from Spain. P3 ships all products using standard expedited services to any worldwide destination. Estimated rates are provided for your convenience prior to purchasing by using the Shipping Estimator, however actual shipping and handling charges will be confirmed at checkout. The Customer will receive a shipping confirmation email with their tracking number once their order has been shipped. The Customer can also check on their order status or get tracking information by logging into “My Account”.

Depending on the type, quantity, weight, location and availability of items in your order, P3 may pack and ship them in different packages arriving at different times to ensure your overall order is received undamaged and/or in the most expeditious manner. The Customer will never be charged more for shipping and handling than what appears at checkout.

IMPORANT NOTE REGARDING IMPORT TAXES FOR INTERNATIONAL DELIVERIES: The Customer will be responsible for any applicable fees associated with import taxes related to any Product purchase. P3 is required to include a commercial invoice with each shipment, indicating an accurate purchase price of all goods included. We recommend that Customers inform themselves about the amount of import taxes and duties for their country before making a purchase.

Shipping Estimator

We provide a Shipping Estimator not only at the product listing, but also at checkout. It’s important to understand the distinction in that the checkout takes into consideration the entire basket of items, whereas the product listing estimator only takes into consideration that single item. Shipment estimates are determined by the size and weight of the product. Please note that dimensional weight does apply where applicable.

Delivery Times

Our goal is to ship orders within 10-15 Business Days, unless otherwise communicated. Orders that require any special handling or assembly may take longer.

Transit times vary by geographical location.

23.2SEAT PROGRAM DELIVERY

Seats will not be available for production and delivery until they are removed from the stadium. The date of withdrawal of your seat depends on the progress of the works in the stadium, the timing of which will be different for each seat. Stadium seat removal activities will begin throughout 2023.

Once your seat has been removed from the stadium we expect it could take as many as 180 days to fulfill your order, depending on the production required to meet your customization preferences, if any. The Customer will be informed at the time his seat is removed from the stadium and the customization and shipping process begins. At that time the Customer will also be required to make the second payment of the order.

Due to the many complexities and potentially unforeseen challenges surrounding the renovation of the Santiago Bernabéu stadium, the Customer accepts and understands that it is possible the seat you ordered may ultimately not be the one you receive. In the event this occurs, we will notify you by email where possible or you can contact us at [email protected] indicating your first and last name, Socios or Madridista number where appropriate, order number if applicable and a contact telephone number.

Please refer to the Returns section 24 of these T&C to familiarize yourself with our policies and procedures for more information in resolving these matters.

23.3 CARE AND HANDLING OF PRODUCTS

P3 will take appropriate measures to ensure the protection of its Official Memorabilia Santiago Bernabéu Stadium Product through a careful packaging process. Handling of products includes extra effort to package and protect your unique item. Official Memorabilia Santiago Bernabéu Stadium Products generally are not replaceable and therefore shipments will require a signature.

If you have any questions related to shipping please email us at [email protected] indicating your full name, Socios or Madridista number where appropriate, order number if applicable and a contact telephone number.

  1. RETURNS

All products at the Official Memorabilia Santiago Bernabéu Stadium Marketplace are offered as made-to-order/customizable items via an open auction or fixed priced format. As such, all sales are deemed to be final and exchanges or refunds will be issued only in the cases provided by Law and with the exception of the following instances:

24.1 INCORRECT ITEM RECEIVED

Items shipped in error will be replaced with the originally ordered product. Please accept our apologies and contact Customer Service within 7 days of receiving your item by email at [email protected] indicating your name and surname, order number, Socios or Madridista number if applicable and a contact telephone number. Instructions will be provided to the Customer on how to return the incorrect item and the correct Product will be shipped to the original order address as soon as possible. If for whatever reason P3 is unable to fulfill the original order, we will arrange a refund to the original payment method covering the full amount of the original purchase price, including any delivery charges.

24.2 DAMAGED OR FAULTY ITEM RECEIVED

If you have received a faulty or damaged item, please contact Customer Service within 7 days of receiving your item by email at [email protected] indicating your name and surname, order number, Socios or Madridista number if applicable and a contact telephone number. The Customer must provide photographs or graphic documents of the damaged or defective product to initiate the return file Instructions will be provided on how to return the damaged or faulty item, which will be repaired to its original condition or replaced, if possible, and re-delivered to the original order address as soon as possible. If P3 is unable to repair or replace your item, we will arrange for a refund to the original payment method covering the amount of the original purchase price, including any delivery charges.

24.3 COLLECTION OF ITEMS

If you received the wrong item or it was faulty or damaged in transit, we will arrange to have your item collected at no charge to you. Please contact Customer Service team by email at [email protected] indicating your name and surname, order number, Socios or Madridista number if applicable and a contact telephone number. The Customer must provide photographs or graphic documents of the damaged or defective product to initiate the return file. If the return is authorizedP3 will issue a return authorization number and make the necessary collection/delivery arrangements.

We request that you take reasonable care when opening our packages and assessing the suitability of the Products received. All goods must be returned to P3 unused, in suitable packaging to ensure the Products will not be damaged in transit, together with all original product packaging. Please note you have a duty to take reasonable care of returned Products and any refund may be withheld or a charge to your credit card incurred if you fail to take such care and damage the Products. The Customer must ensure that their return package is packed and sealed securely.

Note: The Customer’s statutory rights are not affected by this policy.

  1. REFUNDS

Any refunds will be processed by P3 within 10 days of approval. Refunds will be made to the original payment card used, however, please clarify with your payment provider or bank how long they will take to process the refund as this is beyond P3’s control.

  1. WARRANTY OF THE PRODUCTS OF THE SEAT PROGRAM

P3 will be liable for defects in manufacturing that could exist during a period of three years from the delivery of your order. This right is only valid for products related to the Seat Program and for the original purchaser and the original delivery address. If the Customer observes any defect, you must inform P3 within 2 months after discovering it by emailing [email protected], indicating your name and surname, your order number, Socios or Madridista number where appropriate, contact telephone number and describe the problem detected. Se analizará cada caso pormenorizadamente y se dará respuesta al Cliente a la mayor brevedad posible. Todas las reclamaciones están sujetas a inspección por parte de P3. P3 se reserva el derecho de determinar si los daños están cubiertos o no por la garantía, a nuestro exclusivo criterio.

The warranty of P3 covers manufacturing defects. The word "defects" is defined as imperfections that impair the use of the product. This is not the case for defects or deterioration derived from causes beyond P3’s control, such as accidents, inappropriate use, improper handling, wear, etc., as well as products that have been tampered with, altered or repaired by the customer or by third parties not authorized by P3.

26.1WARRANTY TERMS AND CONDITIONS

The warranty covers, and is valid only for, manufacturing defects in the product. The warranty applies exclusively to P3 products and does not cover or apply to purchases made outside of https://memorabilia.realmadrid.com or outside of Europe. The guarantee may not apply to purchases made through third parties.

The guarantee does not include:

Wear due to normal use of the product

Changes in surface finishes due to exposure to light

Damage from external factors such as:

-Sharp objects or writing instruments

-Prolonged exposure to moisture or direct sunlight

-Force Majeure, including but not limited to fire, lightning, flood, tornado, earthquake or hurricane

-Improper modifications, maintenance or repairs

-Any action or use made outside of those specified on our website, including our frequently asked questions.

26.2 VALIDITY OF THE WARRANTY

For the guarantee to be valid:

The guarantee is not transferable and must be requested by the original purchaser and have valid proof of purchase.

You must have purchased P3 products directly from https://memorabilia.realmadrid.com and be located in Europe. In certain cases it may apply to purchases made on third party sites. Please contact us at [email protected] for more information.

P3 will only accept warranty claims in writing for the Products within 3 years from the date of delivery of the product.

The Products must have been used only for their intended use and must never have been subjected to abuse, accidental damage, or other abnormal use, including but not limited to cuts, burns, stains, dirt, liquid damage, or improper installation.

26.3 LIMITATIONS OF REPAIR

P3's sole obligation under the warranty is, at P3’s sole discretion, to repair the defect or exchange the product as soon as possible after receiving notice of the defect. In the event that the product cannot be repaired or exchanged, P3 will refund the purchase price of the product adjusted for any normal wear and tear. Repaired or replaced products will continue to be covered by the original warranty for the remainder of the original term. In no case will the warranty extend beyond 3 years from the date of delivery of the original products.

26.4 LIMITATION OF DAMAGES AND LIABILITY

Except to the extent prohibited by law, P3 shall in no event be liable for any damages consequential or arising out of or in connection with this warranty or P3 products. The initial intended use of seats offered was for stadium installation. These seats, with or without modifications and/or enhancements are now being sold as used and historic memorabilia. The company recommends its proper use and cannot be held liable nor responsible for any improper use. P3 is not responsible for its improper use. Use of P3 products is at your own discretion and risk. You will be solely responsible for any loss, liability or damage resulting from the use of P3 products.

26.5 YOUR RIGHTS

This warranty gives you specific legal rights. Some countries and/or states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. Some countries and/or states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. You may also have other legal rights which vary by country, state, province or jurisdiction; these basic consumer rights will not be affected. The terms of this warranty will be applied in accordance with applicable law. For a full description of your legal rights, you should always consult the applicable laws in your jurisdiction and you may contact a relevant consumer advice service.

 

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