General terms and conditions for orders, shipping and returns

1. General information

The website THENAUTICSTORE.COM (hereinafter, the “Website”) is owned by OZEAM FUTURE S.L., with the following contact details:

• Address: Calle Bismuto 8, 30369 Los Camachos (Murcia), Spain
• Phone: +34 673 09 83 24
• Email: info@thenauticstore.com

These general terms and conditions (the “Terms”) govern the purchase of products and services through the Website. THENAUTICSTORE.COM sells inflatable boats, outboard engines, kayaks, paddle boards, wetsuits and their accessories.

Before buying, the User must also read the Legal Notice, the General Terms of Use, the Cookie Policy, the Privacy Policy and the OZEAM Factory Warranty. By placing an order, the User accepts these Terms.

These Terms may be amended. The Terms in force at the time the order is placed will always apply. For any questions, the User can contact us using the details above or through the contact form.

2. The User

Anyone who accesses, browses or uses the Website is a user (the “User”). The User undertakes to:

• Use the Website only to make legally valid enquiries and purchases.
• Not make false or fraudulent purchases. If there are reasonable signs of fraud, the order may be cancelled and the authorities will be informed.
• Provide true and complete contact details (email, postal address, phone). Incorrect details may prevent or delay delivery, and any resulting costs will be borne by the User.

The User declares that they are over 18 years of age and have the legal capacity to enter into contracts. The contract may be concluded in any of the languages in which these Terms are available on the Website.

3. Purchase process

1. The User selects the products, adds them to the cart and clicks “Buy”. Before paying, they can review and change the order details.
2. They will receive an order confirmation email and, later, another email when the order is shipped, with the tracking number. This information will also be available in their customer account.
3. After the purchase, an electronic invoice is generated, sent by email and available in the customer account. If a paper copy is required, it must be requested before the order leaves our warehouse.

The characteristics of each product (name, price, components, weight, dimensions, colour, etc.) are shown on its product page. By placing the order, the User accepts the specific terms of sale of each product.

Unless otherwise stated, THENAUTICSTORE.COM is not the manufacturer of the products it sells. Although we take care that the information is correct, the manufacturer’s packaging, labelling or instructions may contain additional or different information. The User should also consult this information, especially the quick guides and manuals for engines and boats.

4. Availability

All orders are subject to product availability and to there being no force majeure affecting supply. If a product is not available, we will contact the User and refund the amounts paid for that product.

5. Prices and payment

Prices are shown in euros (€) and include applicable taxes, unless the law requires otherwise.

VAT by destination

VAT is applied according to the country of destination (for example: Spain 21 %, Portugal 23 %, Italy 22 %). No VAT is charged on the order in these cases:

• European countries outside the European Union: the recipient must pay the relevant customs taxes and duties before receiving the parcel.
• Canary Islands, Ceuta and Melilla: the recipient must pay import taxes and customs clearance charges before receiving the order.
• Companies from other EU countries registered in VIES as intra-Community operators, with a delivery address outside Spain. They must provide proof of this before placing the order; otherwise, the VAT cannot be refunded afterwards.

For shipments to exempt areas, once registered on the Website with that address or status, prices are shown without VAT.

Shipping costs

Shipping costs are calculated according to size, weight and delivery address, and are shown in the cart before payment. Shipments are made with DHL. The customer may not send their own carrier to collect the order, unless expressly authorised.

The Website never adds costs automatically: only those chosen by the User. Prices may change at any time, but changes do not affect orders already placed.

Payment methods

Credit or debit card. Payment is subject to authorisation by the issuing bank. If the bank does not authorise it, we will not be able to process the order. When the order is received, a pre-authorisation is made on the card, and the charge is made when the shipping confirmation is sent.

Bank transfer. The order is reserved for 10 calendar days from its confirmation. When the order is confirmed, the account number, account holder and amount are provided. The order reference must appear as the transfer description. If the amount or the reference are incorrect, we will not be able to match the payment and the order may be cancelled. The order is prepared when we receive the transfer. No additional cost.

Instalment payment with SeQura. You can split the payment into 3, 6, 12 or 18 months for a small fixed monthly fee, with just your ID, mobile phone and bank card, instantly and without paperwork. You can pay off the total at any time at no extra cost. For example, a €180 order over 3 months is paid in instalments of €63 per month (€3 cost per instalment).

1. Select “Pay in instalments” at checkout.
2. Enter your ID and mobile number, choose your payment plan and pay the first instalment.
3. The remaining instalments are charged automatically each month.

6. Shipping and delivery

Areas and delivery times

We ship to Spain (mainland, Balearic Islands and Canary Islands), Ceuta, Melilla and the rest of the European Union. Approximate delivery times, from when the order leaves our warehouse, are:

Iberian Peninsula (Spain and Portugal)

• Small parcels (small boats, small engines, accessories): 1 to 3 working days.
• Bulky or heavy parcels (large boats, large engines): up to 1 week.

Balearic Islands, Canary Islands, Ceuta and Melilla: up to 20 days.

Rest of Europe (Italy, France, Germany, etc.): up to 2 weeks.

Collections (returns, warranty claims, exchanges, etc.): once the collection has been requested, the carrier may take up to 5 working days to collect the parcel. Please have the parcel ready and properly packed during that period.

These are approximate times given by the carriers. When the order leaves our warehouse, the User receives an email with the tracking number.

Any problem with the delivery? For any delivery issue (changing the delivery day, absence, delays, address, etc.) you can call DHL directly on +34 968 34 34 35, quoting the tracking number you received by email.

Delivery conditions

• Deliveries are made at street level. Couriers are not required to carry parcels up to upper floors or inside the home.
• If the recipient is not present at the time of delivery, the carrier will try to contact them to arrange a new delivery. If you do not receive the call, call DHL on +34 968 34 34 35 with your tracking number, or contact us.
• If you will not be at the address during working hours, call DHL on +34 968 34 34 35 with your tracking number, or contact us, to arrange another day.
• If delivery is not possible due to the recipient’s absence, an incorrect address or no answer on the phone, the order may be returned to our warehouse. We will contact the User to arrange a new shipment, the cost of which will be borne by the User.
• Delivery is deemed to have taken place when the recipient, or the person they designate, receives the order, as shown by the signature or the carrier’s delivery record. From that moment, the risks relating to the product pass to the User.

Check your order on receipt

Engines and boats are bulky and heavy products. To be able to claim against the carrier in case of transport damage:

1. Check the packaging in front of the courier before signing.
2. If the packaging is dented, torn or wet, note it on the delivery note or the courier’s device (“received damaged” or “subject to inspection”). If the damage is serious, you may refuse the delivery.
3. Report any damage to us within 48 hours of delivery, with photos of the packaging and the product, to info@thenauticstore.com.

Without this information, the carrier may reject the claim and the resolution may be delayed.

Delivery incidents: resolution period of up to 30 days

If a transport incident occurs (delay, lost or held parcel, failed delivery, damage in transit, etc.), THENAUTICSTORE.COM will open a claim with the carrier and handle it until it is resolved, so that the User receives their product in good condition.

Carriers need time to locate the goods, investigate and assess the damage. Therefore:

• The period for resolving a delivery incident is up to 30 calendar days from when it is reported.
• During that period, the order is considered to be in progress and no refunds, replacements or new shipments will be processed for that incident, as the goods may be found or delivered at any time.
• If after 30 days the incident has not been resolved (the goods have not been found or could not be delivered), the User may choose between reshipment of the product or a full refund of the amount paid.
• If the product arrived damaged in transit, once assessed, repair, replacement or refund will be offered, as appropriate.

All of the above is without prejudice to the rights granted to the User by consumer law.

Canary Islands, Ceuta, Melilla and travellers

Tourists not resident in the European Union who take the goods to a third country, and residents of the Canary Islands, Ceuta and Melilla, are entitled to a VAT refund on purchases made in the rest of Spain. To do so, they must inform us of their intention to take the goods out before or at the time of purchase, through any of our contact channels. If this is not communicated in time, OZEAM FUTURE S.L. will not be able to carry out the VAT refund procedures at customs.

Ownership

The User acquires ownership of the products when THENAUTICSTORE.COM receives full payment, including shipping costs, or at the time of delivery if this is after payment.

7. Correcting errors in data

If the User detects an error in their order details, they can correct it by contacting us through the means indicated in section 1 or from their customer account, always before the order leaves our warehouse. Before clicking “Buy”, the User can review and modify the cart.

To exercise the right to rectify personal data, see the Privacy Policy, in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 on the Protection of Personal Data and the guarantee of digital rights.

8. Order cancellation

To cancel an order, contact us by email at info@thenauticstore.com or by phone on +34 673 09 83 24, quoting the order reference. If the order has already left our warehouse, it will be processed as a withdrawal (section 9).

The refund will be made using the same payment method within a maximum of 14 days, although we try not to exceed 7 days.

9. Right of withdrawal (returns)

Period and procedure

The consumer User may withdraw from their purchase within 14 calendar days without giving any reason. The period starts from the day on which the User, or a third party designated by them other than the carrier, receives the product. If the order is delivered in several parts, it starts from receipt of the last one.

To withdraw, it is enough to inform us of the decision in writing (email or contact form) before the period expires.

Sending the return

The User must send the products, within a maximum of 14 calendar days from informing us of their decision, to:

OZEAM FUTURE S.L. – Calle Bismuto 8, 30369 Los Camachos (Murcia), Spain

• Return shipping costs are borne by the User.
• Products must be returned with all their original packaging, accessories, instructions and documents, and a copy of the invoice.
• The User is responsible for ensuring that the product arrives properly packed and for returning the correct product.

Refund

We will refund all payments received, including the initial shipping costs (standard shipping), within a maximum of 14 calendar days from being informed of the withdrawal, using the same payment method and at no additional cost. We may withhold the refund until we have received and checked the products.

Used or handled products

The User is responsible for any loss in value of the product resulting from handling other than what is necessary to establish its nature, characteristics and functioning. In particular:

• Inflatable boats, kayaks and paddle boards that have been used in the water.
• Outboard engines that have been started or into which oil or fuel has been poured.
• Products without their original packaging, incomplete or damaged after delivery.

As these products can no longer be sold as new, we will assess their condition and deduct the loss in value from the refund, which may be total if the product cannot be resold.

Products that cannot be returned

In accordance with Article 103 of Spanish Royal Legislative Decree 1/2007 (General Law for the Protection of Consumers and Users), the right of withdrawal does not apply to:

• Wetsuits, waterproof clothing and any other sealed item that has been unsealed, for reasons of hygiene and health protection, except in the case of a manufacturing defect.
• Products made to the customer’s specifications or clearly personalised, identified with the “made to order” label.
• Services that have been fully performed, where performance began with the User’s express consent and acknowledgement that they would lose the right of withdrawal.

10. Defective products or wrong item shipped

If the User receives a defective product or a product different from the one ordered, they must contact us as soon as possible through the means indicated in section 1, describing the problem and sending photos. We will tell them how to proceed.

Once the product has been received and checked, we will inform the User within a reasonable period whether repair, replacement or refund applies. The refund or replacement will be made within a maximum of 14 days from our email confirming that it applies. If the defect actually exists, we will refund the full amount, including shipping and return costs.

The marks typical of the handmade manufacturing of inflatable boats (marks on the PVC, glue residue, folds, wrinkles, pencil marks, etc.) are not considered defects, nor are the other cases excluded in our OZEAM Factory Warranty, which we recommend you read.

In all cases, the rights granted to the User as a consumer by current legislation will always be respected.

11. Liability

Unless the law provides otherwise, THENAUTICSTORE.COM is not liable for:

• Losses not caused by a breach on its part.
• Business losses (loss of profit, revenue, contracts, anticipated savings, data or goodwill) or other indirect losses that were not reasonably foreseeable when the contract was concluded.
• Minor differences between the product image on screen and the actual product due to screen resolution, the browser or other technical causes.
• Technical failures or interruptions of the Website due to maintenance, unforeseeable circumstances or other causes not attributable to it.
• Misuse or wear of the products by the User, or damage resulting from not following the quick guides, manuals and manufacturer’s instructions.

Force majeure

THENAUTICSTORE.COM will not be liable for any failure or delay in performance due to causes beyond its reasonable control, including: strikes or lockouts; riots, terrorism or war; fires, floods, storms, earthquakes, epidemics or other natural disasters; inability to use means of transport or telecommunications; and acts or restrictions of any public authority.

While the force majeure event lasts, our obligations will be suspended and the period for performing them will be extended by the same length of time. We will use all reasonable means to perform despite it.

12. Communications

The User agrees that most communications with THENAUTICSTORE.COM will be electronic (email or notices on the Website), and that these meet the legal requirement of being in writing, without affecting their statutory rights. We may contact the User by email, by phone or at the postal address provided.

13. Waiver

The fact that THENAUTICSTORE.COM does not, at any given time, require strict performance of any obligation does not mean that it waives its rights, nor does it release the User from their obligations. Any waiver will only be valid if it is expressly communicated in writing.

14. Severability

If any of these Terms is declared void by a final ruling, the remaining clauses will remain valid.

15. Entire agreement

These Terms, together with the documents referred to in them, constitute the entire agreement between the User and THENAUTICSTORE.COM regarding the sale, and replace any previous verbal or written agreement.

16. Data protection

The personal data provided by the User will be processed in accordance with our Privacy Policy. By using the Website, the User declares that the data they provide is true.

17. Applicable law and jurisdiction

These Terms and the purchase contracts are governed by Spanish law. The Spanish courts will have jurisdiction over any dispute, without prejudice to the consumer’s right to bring proceedings before the courts of their place of residence.

18. Complaints

The User may send us complaints, claims or comments using the contact details in section 1. We have official complaint forms, which the consumer may request from us at any time.

In addition, the consumer may file a complaint with the consumer affairs services of their region or request arbitration before the Consumer Arbitration Board.