GENERAL CONDITIONS OF ORDERS, SHIPPING AND RETURNS

1. GENERAL INFORMATION

The ownership of this website THENAUTICSTORE.COM, (hereinafter, also Website) is held by OZEAM FUTURE SL and whose contact details are:

Address: Calle Zagreb 5, 30353, Cartagena, Murcia

Contact phone: 868066962

Contact email : info@thenauticstore.com

This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (THENAUTICSTORE.COM) in the purchase or acquisition of products and / or services therein (hereinafter, Conditions ).

For the purposes of these Conditions, it is understood that the activity that THENAUTICSTORE.COM develops through the Website includes:

Marketing of inflatable boats, outboard motors, kayaks, paddle boards and wetsuits, as well as accessories for them.

In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy policy and data protection of THENAUTICSTORE.COM. By using this Website or by making and / or requesting the acquisition of a product and / or service through it, the User agrees to be bound by these Conditions and by all the aforementioned, therefore, if they do not agree with all of this, you should not use this Website.

Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website since those that are in force at the time the purchase of products and / or services are requested will be applicable.

For all the questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.

2. THE USER

Access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), therefore, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes his responsibility for a correct use of the Website. This responsibility will extend to:

  • Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
  • Do not make any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be canceled and the relevant authorities informed.
  • Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The User may formalize, at his choice, with THENAUTICSTORE.COM the contract for the sale of the desired products and / or services in any of the languages ​​in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure of THENAUTICSTORE.COM, during which several products and / or services can be selected and added to the cart, basket or final purchase space and, finally, click on: "Buy"

Likewise, the User must fill in and / or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase details may be modified.

Next, the User will receive an email confirming that thenauticstore.com has received their order or request to purchase and / or provide the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.

Once the purchase procedure has been concluded, the User consents that the Website generates an electronic invoice that will be sent to the User via email and, where appropriate, through their personal connection space to the Website. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice, requesting it from thenauticstore.com using the contact spaces on the Website or through the contact information provided above.

The User acknowledges being up-to-date, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, where appropriate, its image on its page of the Website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / o cost of benefits; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Unless expressly stated otherwise, thenauticstore.com is not the manufacturer of the products sold or that could be marketed on the Website. Although thenauticstore.com makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and / or materials and / or components of the products may contain additional or different information than that which appears on the Site. Web. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and / or instructions that accompany the product.

4. AVAILABILITY

All purchase orders received by thenauticstore.com through the Website are subject to the availability of the products and / or that no circumstance or force majeure (clause nine of these Conditions) affects the supply thereof and / or the provision of services. If there are difficulties in terms of the supply of products or there are no products in stock, thenauticstore.com undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will also be applicable in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website for the end user of the products are in Euros (€) and include taxes, unless, by legal requirement, especially in relation to VAT, a different question is indicated and applied.

The Value Added Tax (VAT) of purchase orders will be variable according to the country of destination, having to be the tax that each country has, such as, for example, Spain is 21%, Portugal is 23%, Italy is 22%, etc.

They are exempt from paying VAT at the time of ordering:

-          Orders with the destination address to European countries that are outside the European community do not pay VAT at the time of ordering, but they will have to pay their taxes, required by customs, before delivering the package.

-          Orders with a delivery address in the Canary Islands, Ceuta and Melilla. You have to bear in mind that once you receive the order, you have to pay the corresponding VAT and also the customs management expenses.

-          Also customers from other countries outside of Spain and also being the delivery address outside Spain, prove in advance that they are registered in the VIES as intra-community, that they are exempt from paying VAT. They must notify prior to the order of such condition to carry out the relevant procedures, if the order is made without notifying of such condition, then they will not be able to demand a VAT refund.

For orders sent to these areas, once registered on the website, the prices that appear are prices WITHOUT VAT.

The shipping costs are separate, and are calculated by the page based on the size, weight and final delivery address, to see the final price of the products plus the shipping costs, you can see them in the cart, basket or space final purchase. Thus, thenauticstore.com performs delivery and / or shipping services through: Correos Express, GLS, Rhenus, TNT and FedEx.

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 possible changes will not affect orders or purchases with respect to those that the User has already made.

The accepted means of payment will be: Credit or debit card, PayPal, Bank transfer.

Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, thenauticstore.com will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.

Once thenauticstore.com receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the shipping confirmation and / or confirmation of the service provided in the form and, where appropriate, the established place.

If the means of payment is PayPal, the charge will be made when thenauticstore.com sends a confirmation of the purchase order or acquisition of products and / or services to the User.

In any case, by clicking on "Buy" the User confirms that the payment method used is his.

The purchase or acquisition orders in which the User selects the bank transfer as a means of payment, will be reserved for 10 calendar days from the confirmation of the order in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by thenauticstore.com for the Website. When the system receives the transfer, the order will be prepared and managed for shipping.

By means of this payment method, when making the transfer, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number, the account holder and as a concept of income, the Order reference to be able to associate said income to the order in question, all these data are provided as soon as the order is confirmed. In case of error, thenauticstore.com will not be able to validate the order, which will be canceled.

6. SHIPPING AND DELIVERY

In the cases in which it is appropriate to make the physical delivery of the contracted good, the deliveries will be made in the following territory: Spain (Peninsula, Balearic Islands and Canary Islands), and other countries of the European Union.

Shipments and deliveries are made by companies outside of THENAUTICSTORE.COM, with which we are not responsible for any delay or incident that may occur during the shipment, even so, THENAUTICSTORE.COM will manage and take care of the incident so that the client always has his product in optimal conditions.

When an order is prepared for shipment, the client receives an email, to the email provided in the order, and according to the transport company, they can also receive a text message to the phone number provided in the order, with the shipment tracking, so that the client can follow the shipment and be attentive to its delivery.

The approximate delivery times from when it leaves the THENAUTICSTORE.COM warehouses are:

-For the Iberian Peninsula, Spain and Portugal, it varies from 1 to 3 business days.

-In the case of the Balearic Islands, this period amounts to 5 to 7 business days.

-The delivery time to the Canary Islands, Ceuta and Melilla goes up from 7 to 20 business days.

-And for the rest of Europe such as Italy, France and Germany, the delivery time is 7 to 10 business days.

If after these deadlines, the package has not been duly delivered by the transport company that sent it, the customer, or can contact the transport company to find out or can contact THENAUTICSTORE.COM and we will process a proper claim to know if it has there has been an incident, and make the delivery occur as soon as possible.

If the recipient is not at the time when the carrier happens to deliver the package, he or she will receive a call from the carrier and they will have to agree on a new delivery, if the recipient does not receive any calls or does not pick up the phone for any reason, it is It is recommended that you contact the transport company to arrange another delivery.

If for any reason, which was attributable to it, THENAUTICSTORE.COM could not meet the delivery date, it will contact the User to inform him of this circumstance and, he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries are made on working days.

If the User is not going to be at the place of delivery during the working hours, he must contact the transport company or thenauticstore.com to arrange delivery on another day.

If it is impossible to deliver the order, or due to the absence of the recipient, or due to an incorrect address, or because no one answers the telephone number provided, the order could be returned to the warehouse. THENAUTICSTORE.COM would contact the customer to resolve the problem and make another shipment, said shipment will entail an additional cost to the customer.

If the client does not contact THENAUTICSTORE.COM, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the recipient or a third party indicated by him, acquires material possession of the products , which will be credited by signing the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the recipient from the moment of delivery. The Customer acquires ownership of the products when thenauticstore.com receives full payment in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a time after the full receipt of the amount to be paid by thenauticstore.com.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in case he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he may modify them by contacting thenauticstore.com through the spaces of contact enabled on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through their personal connection space to the Website.

In any case, the User, before clicking on "Buy", has access to the space, cart, or basket where their purchase requests are noted and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In the cases in which the User acquires products on or through the owner's Website, they are assisted by a series of rights, as listed and described below:

Right of Withdrawal

The User, as consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods acquired on the thenauticstore.com Website or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case 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 thenauticstore.com of his decision. You can do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract.

To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, thenauticstore.com will reimburse the User for all payments received, including shipping costs, without any undue delay and, in any case, no later than 14 calendar days from the date on which thenauticstore.com is informed of the decision to withdraw by the User, the user being responsible for the shipping costs incurred to send us the order.

thenauticstore.com will reimburse the User using the same payment method used by the User to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, thenauticstore.com could withhold said refund until it has received the products or items of the purchase, and have verified that everything is correct and has been received in the same conditions with which it left the stores of thenauticstore.com.

The User can return or send the products to thenauticstore.com at: Calle Zagreb Nº 5, Polígono Industrial Cabezo Beaza, Cartagena 30353, Murcia

And you must do so without any undue delay and, in any case, no later than 14 calendar days from the date thenauticstore.com was informed of the withdrawal decision.

The User acknowledges knowing that they must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, he will be responsible for the decrease in the value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

In this same sense, the provision of a service that the User may contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by thenauticstore.com, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.

Return of defective products or shipping errors

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they should contact thenauticstore. com immediately and let you know the existing disagreement (defect / error) by the same means or using the contact information provided 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, if the refund or, where appropriate, the replacement of the same. .

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully reimbursed, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always be respected.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, thenauticstore.com will not accept any responsibility for the following losses, regardless of their origin:

  • any losses that were not attributable to any breach on your part;
  • business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or from
  • Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.

Likewise, thenauticstore.com also limits its liability in the following cases:

  • thenauticstore.com applies all measures concerning to provide a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or browser problems that are use or others of this nature.
  • thenauticstore.com will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product.
  • Technical failures that due to fortuitous causes or of another nature, prevent a normal operation of the service through Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. thenauticstore.com uses all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however, it disclaims responsibility for causes that are not attributable to it, unforeseeable circumstances or force majeure. .
  • thenauticstore.com will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, thenauticstore.com will not be held responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
  • In general, thenauticstore.com will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure , and this may include, by way of example, but not exhaustive:
    • Strikes, lockouts or other industrial action.
    • Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
    • Inability to use public or private telecommunication systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the force majeure continues, and thenauticstore.com will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure. thenauticstore.com will use all reasonable means to find a solution that allows it to fulfill its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with thenauticstore.com are 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, notifications, information and other communications that thenauticstore.com sends electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with thenauticstore.com through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, thenauticstore.com can contact and / or notify the User by email, by phone or at the postal address provided.

11. WAIVER

No waiver by thenauticstore.com to a specific right or legal action or the lack of requirement by thenauticstore.com of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with their obligations.

No resignation by thenauticstore.com to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a resignation and it is formalized and communicated to the User in writing.

12. NULLITY

If some of these Conditions are declared null and void by a final resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and thenauticstore.com in relation to the object of sale and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parts.

The User and thenauticstore.com acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to thenauticstore.com in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided are true.

15. APPLICABLE LAW AND JURISDICTION

Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between thenauticstore.com and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send their complaints, claims or any other comment they wish to make to thenauticstore.com through the contact information provided at the beginning of these Conditions (General Information).

In addition, thenauticstore.com has official complaint forms available to consumers and users, and which they can request from thenauticstore.com at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between thenauticstore.com and the User, the User as a consumer may request an out-of-court solution of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.

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