GENERAL TERMS AND CONDITIONS
These general conditions regulate the purchase of the products offered through the website www.costabravadivers.com, owned by Medaqua 13 Service, SL, with Tax ID B17475070, domiciled at pg. Maritim, 13 , 17258 L'Estartit; E-mail firstname.lastname@example.org.; from now on ''THE COMPANY''.
In this document we will refer to ''The USER'', who is the natural person who acquires the product offered through the web and ''THE COMPANY'', which is us.
The products are purchased directly to THE COMPANY who acts as a direct seller, therefore the contract of sale of the products realises between the USER and THE COMPANY.
The USER must read and accept these General Conditions and the information of the products they wish to purchase before proceeding to purchase them. This acceptance will be made expressly by clicking on the box ''I have read and accept the General Conditions'' that will appear during the purchase process.
This acceptance will be made expressly by clicking on the box ''I have read and accept the General Conditions'' that will appear during the purchase process. In doing so, the USER confirms that he is of legal age and that he has the legal capacity to acquire the products offered by the COMPANY.
At the time of formalizing the purchase, it will be understood perfected in full and from that moment the prices and conditions will be contractual, so they can only be modified by the express agreement of the contracting parties.
The electronic document in which the contract is formalized will be archived by THE COMPANY for one year, and the USER during this period may obtain a copy.
1. USER OBLIGATIONS
The USER undertakes to all effects to use the web and, where appropriate, to acquire the products offered by the COMPANY in accordance with the law and the provisions of these general conditions.
The COMPANY reserves the right to delete from the web any comment or opinion of the USERS that is contrary to the current legislation, especially in the cases that violate the rights and the fundamental freedoms of the people.
2. PROCEDURE OF PURCHASE AND METHOD OF PAYMENT OF THE PRODUCTS
The USER will select on the website the products they wish to purchase and the quantity or number of units. The prices indicated on the screen are in euros and are those in force, except typographical error, indicating the inclusion or not of the applicable taxes.
The USER must fill in the form with their data in order to process the order, and must click on the 'Continue' section to proceed with the purchase of the products and must expressly accept these General Conditions. On the next page, the USER will be shown a summary of the products he wants to purchase, the price, the applicable taxes, the shipping costs and the expected delivery time, being able the USER to sandalize the changes he deems appropriate before clicking on the section ''Pay''. Once you access the section ''Pay'' The USER must enter the details of the credit card with which he will make the payment, and accept the realization of the payment.
The COMPANY will send to the email of the USER an e-mail justifying the reception and confirmation of the purchase realised, in the term of the 24 hours following the receipt of the formalisation of the order. The contract will not be considered perfected until the receipt by the COMPANY of the payment of the price of the products.
If the USER wants an invoice you can obtain it by email to the COMPANY.
The USER will be responsible for the veracity of the personal data provided to THE COMPANY, and in particular is responsible for the credit or debit cards that it uses are owned and that have sufficient funds to cover the cost of the products that it wants to acquire. The COMPANY reserves the right to cancel the sale in case of no payment, refund of the collection, denied card or false data, or in case it can not verify the data of the card.
Likewise, the USER must notify the COMPANY through email, any improper or fraudulent charge to the card used for purchases on the web as soon as it is aware.
3. RIGHT OF WITHDRAWAL
In accordance with articles 102 and following of Royal Legislative Decree 1/2007, Of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, The USER who has the status of consumer or user in accordance with the definition established in Article 3 of the Royal Legislative Decree, may withdraw from the purchase made for whatever reason, within a period of 14 calendar days from receipt of the product.
However, as established in the following section called 'EXCEPTIONS TO THE RIGHT OF WITHDRAWAL', this right is not applicable for the goods and services specified in this section.
To exercise the right of withdrawal, the USER must notify the USER of his decision to withdraw from the contract through an unequivocal statement that he may send by post or email, to the addresses that appear at the beginning of these general conditions.
If you wish, you can now use the following form:
(You only have to fill in and send this form if you wish to withdraw from the contract)
To the attention of Medaqua 13 Service, SL , pg. Maritim, 13 17258 L'Estartit; email@example.com E-mail
In the present I tell you that I desist from my contract of sale of the following good: _______
Order placed on the day: _____________
Name and surname: _____________
Signature (only if this form is presented on paper)
The COMPANY only accepts returns that meet the following conditions:
The product must be in the original packaging and labelling.
The shipment must be made with the same box in which the order was received.
In the event that it can not be done with the original box, the USER will have to return it in a box that guarantees the protection of the content so that it arrives to the COMPANY in good condition, otherwise The COMPANY reserves the right to reject the return.
A copy of the invoice/delivery note must be included in the package, indicating the returned products.
The product must be returned to the COMPANY at your home address that appears at the beginning of these general conditions. The transport costs arising from the return will be borne by the USER, being able to freely choose the company you prefer for the transport of the item and, if you wish, you can calculate this cost here:
Once the product has been received and verified that it is in perfect condition, the refund of the amount will be processed, which will be made within a maximum period of 14 calendar days from the date that the USER communicated the intention to withdraw and through the same payment method that the USER chose at the time of placing the order. Until you have received the returned items The COMPANY may withhold the refund.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
As established by the Art. 103 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the right of withdrawal will not apply to contracts relating to:
1.-The provision of services, once the service has been fully executed, when the execution has begun, with the express consent of the consumer and user and with the recognition on its part that it is aware that, once the contract has been fully executed by the employer, it will have lost its right of withdrawal.
2.-The supply of goods or the provision of services where the price depends on fluctuations in the financial market that the employer cannot control and that may occur during the withdrawal period.
3.-The supply of goods made in accordance with the specifications of the consumer and user or clearly personalized.
4.-The supply of goods that may deteriorate or expire quickly.
5.-The supply of sealed goods that are not suitable to be returned for reasons of health or hygiene protection and that have been detached after delivery.
6.-The supply of goods that after delivery and taking into account their nature have been mixed in an inseparable way with other goods.
7.-The supply of alcoholic beverages whose price has been agreed at the time of the contract of sale and that cannot be delivered within 30 days, and the real value depends on market fluctuations that the employer cannot control.
8.-Contracts in which the consumer and user has specifically requested the employer to visit it to carry out urgent repair or maintenance operations; if, on this visit, the employer provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must be applied to these services or additional goods.
9.-The supply of sealed sound or video recordings or sealed computer programs that have been removed by the consumer and user after delivery.
10.-The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
11.-Contracts held through public auctions.
12.-The supply of accommodation services for purposes other than housing, transport of goods, rental of vehicles, food or services related to recreational activities, if the contracts foresee a specific date or period of execution.
13.-The supply of digital content that is not provided on a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that consequently loses their right of withdrawal.
For damages caused to the transport or error in the shipment:
If at the time of delivery it is appreciated in a visible and clear way, without the need to manipulate the shipping packaging or those of the product, that a product has defects caused by damage to the transport or appreciates, in the same way, an error in the merchandise received, the USER must communicate it to the COMPANY,
to your email address that appears at the beginning of these general conditions, within 48 hours of receipt of the order, in order to request the return of the affected product or products and the replacement with a new one or the reimbursement of the price paid by the same.
For defective products:
In the event that once opened the package The USER checks that a product is defective, will have to notify to the COMPANY to his email address, and proceed to his return in the term of 15 calendar days from the moment in which receive it. In this case, when the refund is justified,
The COMPANY will refund the value of the product and the shipping costs, in addition to the direct costs of the return, to the thirty (30) days of receipt by the COMPANY of the product reason for the return.
All this without prejudice to the provisions of current regulations on consumer protection.
The COMPANY will be liable for any breach of conformity that manifest in a term of two years from the delivery. In the event that the product purchased outside the second hand this term will be one year.
The USER must inform the COMPANY of the lack of conformity within two months from the time he became aware of it. The guarantee does not cover damages caused by inappropriate use or normal wear and tear of the products.
6. - CUSTOMER SERVICE
For any communication, incident or claim The USER can send a communication to the COMPANY in his email.
7. NULL ITY OF THE CLAUSES
If any clause included in these general conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only that clause or the part of it that is null or ineffective, subsisting the rest of the general conditions.
Any notification or requirement that the parties have to make in relation to the contracting of products or with these General Conditions, must be made in writing and it will be understood that it has been duly made if it has been sent to the email that for these purposes each party may have indicated to the other.
9. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These General Conditions will be governed and interpreted in accordance with the Laws of Spain.
The COMPANY reserves the right to make changes at any time to our website, as well as in these General Conditions. Changes to essential elements will not affect the contracts already stipulated, unless the USER has expressly accepted the modified conditions.
10. INFORMATION ON DISPUTE RESOLUTION
Resolution of online disputes in accordance with the Art. 14.1 of Regulation (EU) No 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link:
The COMPANY reserves the right to make changes at any time to our website, as well as in these General Conditions. Changes to essential elements will not affect the contracts already stipulated, unless the user has expressly accepted the modified conditions.