1. Goods subject to the contract, selection of goods, and the provider – Contractual Clauses
1.1. Definition of Goods
For the purposes of this Contract, the term “Good” or “Goods” means the IT equipment (hardware and/or software, including the leasing of the respective licenses, user manuals, and cables, or other accessories provided by the lessor/seller), subject to this Contract in accordance with the description set forth in Section 2.
1.2. Identification of the Goods
The Good(s) subject to this Contract are identified in an annex document to the Contract, designated as the Acceptance – Confirmation of Delivery Act.
1.3. Options and Denominations
The Client must select either Option A or Option B. In Option A, Smart Padel Automation SL shall be identified as Seller or Lessor, as appropriate, and in Option B, solely as Lessor; consequently, the Client shall be referred to as Buyer or Lessee accordingly. .
1.4. Free Choice of the Goods
The Client declares that they have freely chosen the Goods and have directly selected Smart Padel Automation, S.L., undertaking to pay the agreed prices.
2. Delivery, Installation of the Goods, and Technical Assistance
2.1. Cancellation Policy
Cancellation Period, Customers may cancel their order at any time before it enters the shipping process.
Cancellation Procedure, To cancel an order, customers must contact our customer service via sales@smartpadelautomation.com, providing the corresponding order number.
No Penalties, Canceling an order before shipping will not result in any penalties or additional charges to the customer.
Refund, In the event of a successful cancellation, a full refund will be processed using the same payment method originally used for the purchase. Refund processing times may vary depending on the bank or payment provider.
Exceptions. No exceptions apply. All products can be canceled prior to shipping
2.2. Confirmation of Receipt and Delivery
By signing the “Acceptance – Confirmation of Delivery Act,” the Client confirms the receipt and/or delivery of the Goods, declaring that they have been delivered by the Lessor/Seller.
2.2 Installation of the Hardware
The installation of the hardware shall be carried out by the Client, who undertakes to hire a competent professional for such purpose.
2.3. Technical Assistance, Maintenance, and Repair
Support Hours: Monday to Friday, 9:00 AM – 3:00 PM (CET).
We offer multiple support channels organised into levels to handle issues efficiently:
Level 1 – Basic Support:
Email/Portal Support:
Use the ticket system via at support@smartpadel.es or the Smart Padel Portal.
Note: Phone support is not available at this level.
Level 2 – Advanced Support:
WhatsApp Support Agent: (+34 644 80 87 49)
Note: Phone support is not available at this level. It will require scheduling beforehand
Level 3 – Phone Assistance:
When issues cannot be resolved through the previous levels, our technical team will initiate a phone call to you.
Note: This channel is not available for on-demand requests; it is activated solely at our discretion when we determine that a phone call is necessary to resolve your issue.
Important Note:
Smart Padel provides hardware, software, and the installation manual required for implementation. However, we do not provide electrical assistance. For any electrical-related installations, you will need to engage a Project Manager, consultant, or site engineers to ensure proper execution. Our remote support, when outside our standard scope, may incur additional costs.
2.4. Notification of Malfunctions and Replacement in Case of Failure
The Client must immediately notify the lessor/seller of any malfunction or improper operation of the hardware, ceasing its use immediately if there is any foreseeable, possible, or probable risk endangering the safety and health of the personnel responsible for the Good or those within its scope. If repair is not possible for any reason, Smart Padel Automation will attempt to replace the equipment with another of equal category, as available, at no additional cost to the Client, provided that the malfunction is due to normal wear and tear.
2.5. Responsibility for Malfunctions Due to Negligence or Misuse
The lessee/buyer shall be responsible for any malfunctions and bear the repair costs when they occur due to negligence or misuse of the equipment, without being entitled to claim damages, losses, or any other compensation for stoppages due to causes beyond Smart Padel Automation’s control (including adverse weather conditions, terrain issues, loss of profits, etc.).
2.6. Replacement of Hardware and Return
In the event that hardware replacement is necessary, the Client must return the equipment to Smart Padel Automation, S.L. at their own expense for shipping.
2.7. Use of Software Licenses
The Client shall use the software licenses for the Goods or Equipment in accordance with the terms established in such licenses.
3. Commencement, Duration, Renewal, and Early Termination
3.1. Commencement and Automatic Renewal of the Contract
Early termination of the Contract shall, in any case, and without prejudice to other compensations for damages, entail as a penalty the obligation for the Client to pay the rental fees corresponding to the initial duration period of the Contract, to compensate Smart Padel Automation for the investment made in making the Goods available to the Client. The sum of all unpaid and outstanding rentals shall be deemed a liquid, due, and enforceable debt for all legal purposes, particularly as provided in Article 572 of the Civil Procedure Act.
3.2. Termination for Breach
Either party may terminate this Contract in the event of a breach by the other party of any of the obligations set forth herein.
3.3. Early Termination and Penalty Clause
The early termination of the Contract shall, in any case and without prejudice to any other compensation for damages that may be applicable, entail the Client's obligation to pay, as a penalty clause, the rental fees corresponding to the initial duration period of the Contract. This is intended to compensate Smart Padel Automation for the investment made in making the Assets available to the Client. The total amount of all unpaid and outstanding rental fees shall be considered a liquid, due, and payable debt for all legal purposes, particularly those established in Article 572 of the Civil Procedure Act.l.
3.4. Continuation of Clauses During Renewals
During the renewals of the Contract, all clauses of this Contract shall remain in effect, and the Client shall continue to owe Smart Padel Automation the rental fees until the effective return of the Goods by the Client to the Provider.
3.5. Maintenance of the Rental Fee
Unless otherwise agreed in writing, the monthly rental fee, plus VAT at the legal rate, shall remain unchanged during the renewal periods of the Contract.
4. Client’s Obligations
4.1. Payment of Rental Fees
The Client is obligated to pay Smart Padel Automation, S.L. the rental fees due under this Contract. Failure by the Client to pay even a single rental fee shall entitle Smart Padel Automation to suspend the use of the software license and, consequently, to cease providing maintenance and support services.
4.2. Use for Commercial Purposes
The Client declares and guarantees to Smart Padel Automation, S.L. that the Goods will be used for commercial, business, or professional purposes and not for personal use, acknowledging that they are not a consumer and that consumer protection laws do not apply.
4.3. Use at the Specified Address
The Goods or Equipment shall be used at the address indicated in this Contract; therefore, the Client must notify Smart Padel Automation in writing of any change in the location of the Goods.
4.4. Prohibition on Assignment or Subletting
The Client may not assign their contractual position or sublet the Goods without prior written authorization from Smart Padel Automation. In the event of an authorized assignment of the lessee’s contractual position, such assignment will incur a fee of €75.00 (+ VAT), which the Client must pay to Smart Padel Automation.
4.5. No Acquisition of Ownership
Under this Contract, the Client does not acquire any ownership or purchase rights over the Goods, except for the hardware if the Client selects Option A. In particular, the Client does not acquire any rights to the purchase or sale of the software licenses under any option.
4.6. Return of the Leased Goods
The Client is obligated to return the Goods leased from Smart Padel Automation at their own risk, in accordance with Clause 10(a) of this Contract.
4.7. Recovery of Non-Returned Goods
If the Client fails to return the Goods, Smart Padel Automation may undertake the necessary measures to recover them, and the Client shall reimburse Smart Padel Automation for the expenses incurred in recovering the Goods.
4.8. Actions in Cases of Disruption of Possession
In cases of bankruptcy, seizure, attachment, or any other act by authorities, judicial or administrative bodies, or even private parties that disrupt the ownership or possession of the Goods, the Client shall, within 24 hours of the occurrence, reliably declare their status as a mere user and lessee and, at their own expense, take the necessary actions to remove the encumbrances, without prejudice to Smart Padel Automation using any means available.
5. Obligation to Subscribe to Insurance Covering the Leased Goodsdo
5.1. Requirement to Purchase All-Risk Insurance
The Client is obligated to keep the Goods protected and to purchase all-risk insurance covering all risks of loss, destruction, and/or theft of the Goods—including electrical risks—for an amount equal to the replacement cost of the Goods, with Smart Padel Automation designated as the beneficiary of the policy. The maximum deductible shall be €500.00.
5.2. Submission of Proof of Insurance
If the Client fails to provide proof of having contracted an insurance policy within 30 (thirty) days after signing the Contract, Smart Padel Automation may include the Goods under a policy taken out by them and charge the Client the corresponding insurance premium.
5.3. Option to Exclude Goods from the Provider’s Insurance Policy
At any time, with reference to the expiration period, the Client may notify Smart Padel Automation that they intend to exclude the leased Goods from Smart Padel Automation’s insurance policy, so that the premium mentioned in the previous clauses is no longer charged, provided that the Client then delivers proof of a new insurance policy for the Goods—naming Smart Padel Automation as the beneficiary—and ensuring that the Goods are insured at all times in accordance with this clause.
5.4. Deductible for Each Claim
The deductible to be borne by the lessee in each claim is €150.00.
5.5. Prohibition of Actions Detrimental to Insurance Coverage
The Client shall refrain from undertaking any actions that may in any way impair the insurance coverage provided under the contracted policy.
6. Payment of the Rental Fees
6.1. Payment Method – Direct Debit
Rental payments to Smart Padel Automation may be made via direct debit.
6.2. Authorization for Direct Debit
The Client authorizes that rental payments be made via direct debit to the bank account with the IBAN indicated in the attached SEPA Direct Debit Order.
6.3. Proportional Payment for Early Delivery
If the delivery of the Goods occurs before the indicated first day of the Contract term, a proportional payment shall be made for the interim period, calculated as 1/30 for each natural day based on the monthly rental fee. The Client owes Smart Padel Automation the agreed rental fees, which are due in advance on the 1st day of the applicable month.
6.4. Late Payment Interest
In the event of any overdue payment, the Client shall pay Smart Padel Automation default interest at a rate equal to the legal interest rate plus 15%.
6.5. Penalty for Failed Direct Debit
The Client is obligated to pay €50.00 (+ VAT) if, despite the authorization for direct debit, the payment is not executed (due to insufficient funds, or if it is returned or rejected), with this amount being added to the sum due along with default interest.
7. Update of the Rental Fees
7.1. Right to Update Rental Fees
Smart Padel Automation reserves the right to update the rental fees due under this Contract and any Special Conditions agreed between Smart Padel Automation and the Client, by merely sending a communication at least 30 (thirty) days in advance of the intended effective date of the change. The increase shall not exceed the cumulative increase in the General Consumer Price Index (CPI), National Composite, published by the National Statistics Institute (INE) over the previous twelve (12) months, without prejudice to the following clause.
7.2. Client’s Right to Contest Excessive Increases
If the update proposed under Clause 7.1 represents a percentage greater than the CPI, the Client may contest the applied increase by sending a certified letter with acknowledgment of receipt within 15 (fifteen) days from the date of receiving the notification. If no claim is received by the end of this period, the update shall be deemed accepted.
8. Termination of the Contract
8.1. Right to Immediate Termination for Definite Breach
Both parties have the right to immediately terminate this Contract at any time in the event of a definitive breach of the obligations set forth herein.
8.2. Specific Breaches Constituting a Definite Breach
A definite breach shall include, in particular:
a) Failure to pay three consecutive monthly rental fees;
b) In the event of a transfer, the assignment of the operation, transfer, or closure of the commercial or industrial establishment where the Good is installed or to which the Good is related;
c) Falsity, inaccuracy, non-compliance, or omission in any communication or document provided by the Client that undermines the trust of Smart Padel Automation or increases the risk of non-payment of rental fees or the disappearance of the Goods;
d) Interruption of the Client’s business activity for a period exceeding 3 months;
e) Judicial seizure of the Client’s assets;
f) Corporate split, merger, liquidation, or dissolution of the Client;
g) Any legal situation leading to the dissolution of the Client due to losses, the commencement of insolvency proceedings, or any circumstance that might prompt a declaration of insolvency or bankruptcy, thereby diminishing the guarantees of the Client’s contractual performance.
8.3. Economic Consequences of Termination for Breach
Termination of the Contract due to breach also entitles Smart Padel Automation to receive, in addition to overdue rental fees and insurance premiums, default interest, and costs for notifications and failed direct debits, the rental fees pending until the end of the initial Contract term as provided in Clause 3.3.
8.4. Obligation to Return the Goods
Termination of the Contract obligates the Client to immediately return the Goods to Smart Padel Automation, in accordance with Clause 10(a).
8.5. Opportunity to Remedy the Breach
For the purposes of Clause 8.2, the Client may only remedy the breach by paying the rental fees due up to the date of remedy, plus 20% of the amount owed, along with overdue insurance premiums and any additional costs.
9. Opposition to Renewal and Denouncement of the Contract
9.1. Right to Oppose Automatic Renewal
Any party wishing to oppose the automatic renewal of the Contract may denounce it by notifying the other party via certified letter with acknowledgment of receipt, with a minimum notice period of 30 (thirty) days prior to the expiration of the initial term or any subsequent automatic renewal period.
9.2. Agreement on Different Renewal Periods and Conditions
The parties may agree in writing, via an Addendum to the Contract, on periods and conditions for renewal different from those provided in Clause 3.1, with Smart Padel Automation entitled to present proposals in this regard up to 30 (thirty) days before the end of the initial Contract term.
10. Termination of the Contract (Obligations upon Termination)
Upon termination of the Contract—whether by resolution, denouncement, or any other legally provided method—the following obligations apply to the Client:
a) Return of the Goods or Equipment
The Client must return, at their own risk, the Goods or Equipment to Smart Padel Automation in good condition (considering normal wear and tear due to prudent use) to the address of Smart Padel Automation’s headquarters, or another address subsequently indicated in writing. The Client is specifically responsible for reimbursing Smart Padel Automation for any repair costs necessary for the damaged Goods.
Smart Padel Automation will send the Client a repair estimate, and the Client will have 10 days to either pay for the repair or propose an alternative repair solution. In the absence of a response or payment, Smart Padel Automation will order the repair and issue an invoice to the Client for the repair cost as per the estimate.
11. Assignment of the Lessor’s Position
The Client agrees that Smart Padel Automation may assign its position as lessor under this Contract through the sale of the leased Goods, by merely providing written notice to the Client.
12. Address for Legal Notifications
The addresses of Smart Padel Automation and the Client indicated in the Contract constitute the agreed addresses for all legal notifications, and any changes must be communicated in writing.
13. Processing of Personal Data
13.1. Responsibility and Consent for Data Processing
Smart Padel Automation is responsible for processing the Client's personal data. The Client gives their express consent for Smart Padel Automation to store and process their personal data, provided confidentially and exclusively to ensure compliance with the legal and contractual obligations arising from the execution of this Contract, and such data may be transmitted to subcontractors for these purposes. The Client is guaranteed the right to access, rectify, delete, restrict, and port their personal data in accordance with current legislation and the Data Protection Policy, which can be consulted on the website, https://e.smartpadelautomation.com.
13.2. Authorization for the Communication of Data
The Client authorizes Smart Padel Automation to communicate the aforementioned personal data, as well as data and information relating to the conclusion and execution of the lease contract (if finalized between the parties), to any branches or companies within the ASNEF-EQUIFAX group or any other organization dedicated to general credit protection of which Smart Padel Automation is a member or affiliated entity, including data regarding any extra or post-contractual incidents, insofar as necessary to safeguard the justified interests of Smart Padel Automation or any other affiliated company, without prejudice to the Client’s interests.
14. Execution of the Contract by Electronic Means
14.1. Electronic Execution
Smart Padel Automation and the Client agree to execute this lease Contract electronically.
14.2. Cost for Non-Electronic Execution
If the Contract is executed by any means other than electronically, the Client shall pay a fee of €75.00 (+ VAT) to Smart Padel Automation in the month following the receipt of the Goods.
15. Invoice Delivery and Costs for Changes to Client Identification
15.1. Email Delivery of Invoices
Invoices for rental fees and any other amounts due under this Contract will be sent by email to the email address provided by the Client.
15.2. Modification of Email Address
Any modification to the email address must be communicated by the Client to Smart Padel Automation for it to take effect.
15.3. Printed Invoice Option
If the Client wishes to receive printed invoices by postal mail, they must expressly request it, which will incur an additional cost of €10.00 (+ VAT) per invoice.
15.4. Delivery of Notices, Payment Demands, and Termination Communications
Invoices, payment notices or demands, and any communication regarding termination will be sent by email to the email address provided by the Client, without prejudice to the possibility of postal mail delivery.