TERMS OF SALE AND RETURNS
TERMS OF SALE AND RETURNS
1. GENERAL INFORMATION
The owner of this website, https://divateamfishing.com/ (hereinafter, the Website), is Robert Blaya Sierra, with NIF: 41601988W, whose contact details are:
Address: Avinguda President Macià 119 1a, 17230 Palamós (Girona)
Contact phone: 683506563
Contact email: info@divateamfishing.com
This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (https://divateamfishing.com/) and the purchase or acquisition of products and/or services on it (hereinafter, the Conditions).
For the purposes of these Terms, the activity carried out by the owner through the Website comprises:
Divateamfishing is a sport fishing charter and boat rental company
In addition to reading these Terms, before accessing, browsing and/or using this website, the User must have read the Legal Notice and General Terms of Use, including the cookie policy, and the owner's privacy and data protection policy. By using this Website or by placing and/or requesting an order for a product and/or service through it, the User agrees to be bound by these Terms and by all of the above, so if they do not agree with all of it, they must not use this Website.
Please note that these Terms may be modified. The User is responsible for checking them each time they access, browse and/or use the Website, as the Terms in force at the time the purchase of products and/or services is requested will apply.
For all questions the User may have regarding the Terms, they can contact the owner using the contact details provided above or, if applicable, using the contact form.
2. THE USER
Accessing, navigating and using the Website confers the status of user (hereinafter referred to individually as "User" or collectively as "Users"), whereby all the Conditions set forth herein, as well as any subsequent modifications thereof, are accepted from the moment navigation of the Website begins, without prejudice to the application of the corresponding mandatory legal regulations as applicable.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
- Using this Website only to make legally valid enquiries and purchases.
- Not making any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities informed.
- Providing truthful and lawful contact details, for example email address, postal address and/or other data (see Legal Notice and General Terms of Use).
The User declares that they are over 18 years old and have the legal capacity to enter into contracts through this Website.
The Website is mainly aimed at Users resident in Spain. The owner does not guarantee that the Website complies with the laws of other countries, either fully or partially. The owner declines all liability that may arise from such access, and does not guarantee shipments or the provision of services outside Spain.
The User may, at their choice, enter into the purchase contract for the desired products and/or services with the owner in any of the languages in which these Terms are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Users can purchase on the Website through the established means. They must follow the online purchase procedure of https://divateamfishing.com/, during which various products and/or services can be selected and added to the cart, basket or checkout area and, finally, click on «Buy».
Furthermore, the User must fill in and/or verify the information requested at each step, although during the purchase process, before making the payment, the purchase details can be modified.
Next, the User will receive an email confirming that the owner has received their order or request for purchase and/or service, i.e., the order confirmation. Where applicable, the User will also be informed by email when their purchase is shipped.
Once the purchase procedure has been completed, the User agrees that the Website will issue an electronic invoice, which will be sent to the User by email. The User may also, if they wish, obtain a paper copy of their invoice by requesting it from the owner through the contact options on the Website or using the contact details provided above.
The User acknowledges that, at the time of purchase, they are aware of certain particular conditions of sale concerning the product and/or service in question, which are shown next to its presentation or, where applicable, its image on its page of the Website, indicating, by way of example but not limited to, and depending on each case: name, price, components, weight, quantity, colour, product details or characteristics, how the services will be provided and/or their cost; and acknowledges that placing the purchase order constitutes full and complete acceptance of the particular conditions of sale applicable in each case.
Unless expressly stated otherwise, the owner is not the manufacturer of the products sold or that may be sold on the Website. Although the owner makes great efforts to ensure that the information shown on the Website is correct, the packaging and/or materials and/or components of the products may sometimes contain additional or different information from that on the Website. The User should therefore consider not only the information provided by the Website, but also the information on the labelling, warnings and/or instructions accompanying the product.
4. AVAILABILITY
All purchase orders received by the owner through the Website are subject to product availability and/or to no circumstance or force majeure (clause nine of these Terms) affecting their supply and/or the provision of the services. If there are difficulties with the supply of products or no products are left in stock, the owner undertakes to contact the User and refund any amount that may have been paid. This will also apply where the provision of a service becomes impossible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€), and include taxes, unless a different matter is indicated and applied by legal requirement, especially regarding VAT.
However, unless otherwise stated, the prices of the items offered exclude shipping costs, which may be incurred, and will be added to the total amount due at the time the User processes the shipping procedure, where they will then consult the available shipping methods and costs and choose the one that best suits them.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted payment methods are: credit or debit card
The owner uses all available means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions on the Website. The Website therefore uses a secure SSL (Secure Socket Layer) payment system.
Credit cards are subject to checks and authorisation by the issuing bank. If the bank does not authorise the payment, the owner will not be liable for any delay or failure to deliver and will not be able to enter into any contract with the User.
Once the owner receives the User's purchase order through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged when the shipping confirmation and/or confirmation of the service is sent to the User, in the manner and, where applicable, place established.
In any case, by clicking on «Buy», the User confirms that the payment method used is their own.
6. DELIVERY
In cases where the physical delivery of the contracted good is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands)
Except in cases where unforeseen or extraordinary circumstances exist or, where applicable, resulting from the customization of the products, the purchase order consisting of the products related in each purchase confirmation will be delivered within the timeframe indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If, for any reason attributable to the owner, the owner cannot meet the delivery date, the owner will contact the User to inform them, and the User may choose to go ahead with the purchase with a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it becomes impossible to deliver the order due to the User’s absence, the order could be returned to the warehouse. However, the carrier will leave a notice explaining where the order is located and how to have it delivered again.
If the User will not be at the delivery address during the agreed time slot, they must contact the owner to arrange delivery on another day.
If 30 days pass from the time the order is available for delivery and it has not been delivered for reasons not attributable to the owner, the owner will understand that the User wishes to withdraw from the contract, and it will be considered terminated. As a result, all payments received from the User will be refunded, except for any additional costs resulting from the User's own choice of a delivery method other than the cheapest standard delivery method offered by the Website, without undue delay and, in any case, within a maximum of 14 calendar days from the date on which the contract is considered terminated.
However, the User should bear in mind that the transport resulting from the termination may involve an additional cost that may be charged to them.
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment the User or a third party designated by the User acquires the material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks arising from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when the owner receives full payment of all amounts due in relation to the purchase, including shipping costs, or at the time of delivery, if this takes place after the owner has received the full amount.
In accordance with Law 37/1992 of 28 December on Value Added Tax (VAT), purchase orders for delivery and/or provision will be considered located within the territory where Spanish VAT applies if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item concerned.
7. TECHNICAL MEANS FOR CORRECTING ERRORS
The User is informed that if they detect an error when entering the data needed to process their purchase request on the Website, they may modify it by contacting the owner through the contact options on the Website and, where applicable, those available for contacting customer service, and/or using the contact details provided in clause one (General information). This information may also be corrected by the User through their personal account on the Website.
In any case, before clicking «Buy», the User has access to the area, cart or basket where their purchase requests are recorded and can make changes.
Similarly, the User is referred to the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy to obtain more information about how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights.
8. RETURNS
When the User purchases products on or through the owner's Website, they have a number of rights, as listed and described below:
Right of Withdrawal
As a consumer, the User making a purchase on the Website has the right to withdraw from that purchase within 14 calendar days without giving any reason.
This withdrawal period will expire 14 calendar days from the day on which the User, or a third party authorised by the User other than the carrier, acquired physical possession of the goods purchased on the owner's Website or, if the goods in the order are delivered separately, 14 calendar days from the day on which the User, or a third party authorised by the User other than the carrier, acquired physical possession of the last of the goods in the same purchase order or, in the case of a service contract, 14 calendar days from the day the contract was concluded.
To exercise this right of withdrawal, the User must notify the owner of their decision. They may do so, where applicable, through the contact options on the Website.
Whatever means the User chooses to communicate their decision, they must state clearly and unambiguously that they intend to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that the owner provides as an annex to these Terms, although its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for the communication that unequivocally expresses the decision to withdraw to be sent before the corresponding deadline expires.
In the event of withdrawal, the owner will refund to the User all payments received, including shipping costs (except for the additional costs of any shipping method chosen by the User other than the cheapest method offered on the Website), without undue delay and, in any case, no later than 14 calendar days from the date on which the owner is informed of the User's decision to withdraw.
The owner will refund the User using the same payment method the User used for the initial purchase transaction. This refund will not generate any additional cost for the User. However, the owner may withhold the refund until the purchased products or items have been received, or until the User provides proof of having returned them, whichever comes first.
The User can return or send the products to the owner at: Avinguda President Macià 119 1a, 17230 Palamós (Girona)
The User must do so without undue delay and, in any case, no later than 14 calendar days from the date on which the owner was informed of the decision to withdraw.
The User acknowledges that they must bear the direct cost of returning the goods (transportation and delivery), should any be incurred. Furthermore, they will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example and not limited to, this would be the case for: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their factory-sealed packaging; products that are sealed for hygiene or health reasons and have been unsealed after delivery; supply of digital content without a physical medium.
The same applies to the provision of any service the User may book on this Website, as the same Law establishes that Users will not have the right of withdrawal when the service has been fully performed, or when it has begun with the express consent of the consumer and their acknowledgement that they are aware that, once the contract has been fully performed by the owner, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond simply opening it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
The products must also be returned in or with all their original packaging, the instructions and any other documents accompanying them, together with a copy of the purchase invoice.
The model form for withdrawal can be downloaded from the following link: https://divateamfishing.com/modelodesistimiento
Return of defective products or shipping error
This covers all cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order. The User must therefore contact the owner immediately and inform them of the non-conformity (defect/error) by the same means or using the contact details given in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, if a refund is applicable or, if appropriate, the replacement thereof.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that the refund or replacement of the non-conforming item is due.
The amount paid for products returned because of a defect, where the defect actually exists, will be refunded in full, including delivery costs and any costs the User may have incurred in making the return. The refund will be made using the same payment method the User used to pay for the purchase.
In any case, the rights granted to the User as a consumer by the legislation in force at any given time will always prevail.
Guarantees
As a consumer, the User has guarantees on the products they may purchase through this Website, under the terms established by law for each type of product, with the owner being liable for any lack of conformity that becomes apparent within three years of delivery of the product.
In this regard, products are considered to conform to the contract provided that: they match the description given by the owner and have the qualities presented in it; they are fit for the purposes for which products of the same type are normally used; and they have the quality and performance that are usual in a product of the same type and that can reasonably be expected. Where this is not the case for the products delivered to the User, the User must proceed as indicated in the section Return of defective products or shipping error. However, some of the products sold on the Website may have non-uniform characteristics, provided these derive from the type of material they are made of, and they will therefore form part of the individual appearance of the product and will not be a defect.
It may also be the case that the User purchases on the Website a product of a brand or made by a third party. In this case, if the User considers the product to be defective, they may also contact the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee rights directly with them during the three years following delivery of the products. To do so, the User must have kept all the guarantee information for the products.
9. EXEMPTION FROM LIABILITY
Unless otherwise provided by law, the owner will not accept any liability for the following losses, whatever their origin:
- any losses not attributable to any breach on the owner's part;
- business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred); or
- any other indirect loss that was not reasonably foreseeable by both parties at the time the purchase contract for the products was formalized between the parties.
The owner also limits their liability in the following cases:
- The owner takes all measures to provide a faithful display of the product on the Website; however, they are not responsible for minor differences or inaccuracies that may exist due to insufficient screen resolution, problems with the browser used or other issues of this kind.
- The owner will act with the utmost diligence to hand over the product in the purchase order to the company responsible for transporting it. However, they are not responsible for damages arising from transport problems, especially due to strikes, road delays and, in general, any other causes typical of the sector that result in delays, loss or theft of the product.
- Technical failures which, due to accidental or other causes, prevent the normal operation of the service over the internet. Unavailability of the Website for maintenance or other reasons that prevents access to the service. The owner uses all means at their disposal to carry out the purchase, payment and shipping/delivery process for the products; however, they are exempt from liability for causes not attributable to them, unforeseeable circumstances or force majeure.
- The owner will not be responsible for misuse and/or wear of products that have been used by the User. Nor will the owner be responsible for an incorrect return made by the User. It is the User's responsibility to return the correct product.
- In general, the owner will not be liable for any failure or delay in performing any of the obligations assumed when this is due to events beyond their reasonable control, i.e. force majeure, which may include, by way of example but not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic, or any other natural disaster.
- Inability to use trains, boats, planes, motor vehicles or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
Obligations will therefore be suspended for as long as the force majeure continues, and the owner will have an extension of the deadline to fulfil them for a period equal to the duration of the force majeure. The owner will use all reasonable means to find a solution that allows them to fulfil their obligations despite the force majeure.
10. COMMUNICATIONS IN WRITING AND NOTIFICATIONS
By using this Website, the User agrees that most communications with the owner will be electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that the owner sends electronically meet the legal requirement of being in writing. This condition will not affect the User's statutory rights.
The User may send notices to and/or communicate with the owner using the contact details provided in these Terms and, where applicable, through the contact options on the Website.
Likewise, unless otherwise stipulated, the owner may contact and/or notify the User at their email address or the postal address provided.
11. WAIVER
No waiver by the owner of a specific right or legal action, or failure by the owner to require strict performance by the User of any of their obligations, will constitute a waiver of other rights or actions arising from a contract or the Terms, nor will it release the User from performing their obligations.
No waiver by the owner of any of these Terms or of the rights or actions arising from a contract will take effect unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.
12. NULLITY
If any of the present Conditions were declared null and void by a final resolution issued by a competent authority, the remaining clauses will remain in force, without being affected by such declaration of nullity.
13. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the entire agreement between the User and the owner in relation to the purchase and replace any other prior agreement, arrangement or promise made verbally or in writing by the same parties.
The User and the owner acknowledge that they have agreed to enter into a contract without relying on any statement or promise made by the other party, except as expressly mentioned in these Terms.
14. DATA PROTECTION
Any information or personal data that the User provides to the owner during a transaction on the Website will be processed in accordance with the Privacy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Terms of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data they provide is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
Access to, browsing of, and/or use of this Website and the purchase contracts for products through it shall be governed by Spanish law.
Any dispute, problem or disagreement arising from or related to the access, browsing and/or use of the Website, or to the interpretation and performance of these Terms, or to the sales contracts between the owner and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may send the owner any complaints, claims or other comments using the contact details provided at the beginning of these Terms (General information).
In addition, the owner has official complaint forms available to consumers, which they may request from the owner at any time using the contact details provided at the beginning of these Terms (General information). Likewise, if a dispute arises from this purchase contract between the owner and the User, the User, as a consumer, may request an out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. This method can be accessed through the following website: https://ec.europa.eu/consumers/odr/.