| General contracting conditions | data protection policy |
A. GENERAL CONTRACTING CONDITIONS
1.- The present general contracting conditions, together with the particular conditions that may be established, will expressly regulate the relations between Scuba Elx (Josefa Morell Martinez), with address at C / Capitán Antonio Mena 92, 03204 Elche (Alicante) and with NIF 21977156-N and third parties (hereinafter "Users") that use the (scubaonline.es), as well as third parties that contract the products offered through it.
reserves, at all times, the right to unilaterally modify, without prior notice, and at any time the design, presentation and configuration of the SCUBA ONLINE Portal.
2.- The present General Conditions have been prepared in accordance with the provisions of Law 7/1998 on General Conditions of contracting, Royal Decree 1906/1999, which regulates telephone or electronic contracting with general conditions in development of the contract. article 5.3 of the Law 7/1998, the General Law 26/1984 for the Defense of Consumers and Users, the Law 7/1996 on the Regulation of Retail Trade, the Royal Decree-Law 14/1999 regulating the Electronic Signature and how many provisions legal results are applicable.
3.- By using the SCUBA ONLINE Portal SCUBA ONLINE, you acquire the status of User. Both the visit and the use and / or acquisition of any of the products of the Portal SCUBA ONLINE, mean acceptance as User, without reservations of any kind, to each and every one of the General Conditions, as well as, where applicable, to the Specific Conditions that, where appropriate, govern the acquisition.
4.-Scuba Elx (Josefa Morell Martinez) may, at any time and without prior notice, modify these General Conditions, by publishing such modifications on the Portal SCUBA ONLINEin order that they may be known by Users always before the visit to the Portal SCUBA ONLINEor the acquisition of any goods offered in the Portal SCUBA ONLINE.
II. Products offered, Purchase system
1.- The products offered on the Portal SCUBA ONLINE, together with their features and prices, will appear on the screen.
Also appear on the screen the shipping costs to the User's home of the products, which will be according to the purchase by the buyer. These products will be available for sale until the end of the stock. The prices indicated on the screen are in euros and include the I.V.A. and any other tax that is applicable and are in force, except the typing error.
The offers will be properly displayed on the screen. Scuba Elx (Josefa Morell Martinez) reserves the right to decide, at any time, the products that are contained and offered to Users through the Portal SCUBA ONLINE. In this way, Scuba Elx (Josefa Morell Martinez) may at any time add new products to those included in the Portal SCUBA ONLINE, understanding, unless otherwise provided, that such new products will be governed by the provisions of the General Conditions in force at that time.
Likewise, Scuba Elx (Josefa Morell Martinez) reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the Portal SCUBA ONLINE.
2.- For the acquisition of the products offered on the SCUBA ONLINE Portal, Scuba Elx (Josefa Morell Martinez) will request the Users to "Register with username and password", for which these Users must complete the instructions that appear on the screen and that will require executing the following instructions:
- Complementation of the electronic form that appears in the SCUBA ONLINE Portal at any time, following the instructions indicated therein.
- Press the "Register" button.
-- The users will receive in their email the data of the "User Name" and "Password" for their verification.
The User Name and Password are personal and non-transferable. Scuba Elx (Josefa Morell Martinez) can make, with the appropriate notice, modifications in the username and / or password, in which case the modified codes will lose their validity.
3.- Once the User has registered, and to proceed with the purchase of Products, you must add the product you want in the Shopping Basket, according to the indications on the screen, filling the form with necessary data in the "Purchase Process" and accepting the General Conditions, which means reading and accepting all the present General Conditions, as well as the existing Special Conditions.
The purchase will be made at the address of Scuba Elx (Josefa Morell Martinez), located C / Capitán Antonio Mena 92, 03204 Elche (Alicante).
4.- Once the purchase has been made, if the buyer requests it, in the shortest possible time, always within thirty (30) days from the execution of the purchase, the Customer Service Department of Scuba Elx (Josefa Morell Martinez) will send to the Buyer User to the email indicated in the form the corresponding invoice, for which the buyer will provide his complete fiscal data. The order confirmation sent by Scuba Elx (Josefa Morell Martinez) will not be valid as an invoice, only as proof of purchase.
III. Payment method, delivery and withdrawal of orders
1.- Payment method. . The payment of the goods purchased and the shipping costs, which will appear on the screen, can be made by bank transfer, credit and debit card and paypal.
2.- Delivery form. SScuba Elx (Josefa Morell Martinez) undertakes to deliver the goods purchased by the User, at the address of the buyer indicated for this purpose on the order form (products will not be delivered in post office boxes, or Cyber), in the shortest possible time, in any case, always before thirty (30) calendar days from the date of the purchase order. In certain temporary offers, the shipping costs of the purchased items may be free for the Buyer.
The products in stock will be delivered between 2 to 10 business days.
3.- Return. . For the return of the product has a period of seven (7) business days from the time of receipt.
Returns are allowed, as long as the item is in its original state, without being used or damaged, it must always be in its original packaging, keep labels and accessories included in the box. You will have the right to return the items, within 7 business days following the date of receipt and previews notice by email to info@scubaonline.es.
Once the merchandise has been received and after checking it, there will be changed or reimbursed the amount according to the method of payment made by the customer and never within a period of more than 30 thirty days.
In the event that the return is made for reasons not attributable to SCUBA ONLINE, the Buyer shall bear the expenses generated by this return. In any case, the return of defective products and erroneous shipments will be admitted, SCUBA ONLINE will be responsible for the shipping costs provided whenever the customer communicates this circumstance at the time of reception of the order.
The returns of the orders should be sent to the address of Scuba Elx, C / Capitán Antonio Mena 92, 03204 Elche, Alicante - 966692986. Exercised by the buyer the right of resolution and once received the goods in our warehouses and checked their status, SCUBA ONLINE will act in the manner indicated by the buyer: refund the amount or change the merchandise.
How should I prepare the return package?
To be able to return an order, make sure you meet all the required requirements:
* You are within the established period: maximum of 7 working days from the reception of the order.
* You have filled out the return form and you have your return number.
* The item must be in its original packaging and perfectly packed to avoid transportation damage. For this it is necessary that the products are protected by an additional external packaging, just as you received it at your home.
* The article must be in perfect condition and without being used.
* The article must be sent with all the documentation and accessories that included: labels, instruction book, CD, etc.
* • The item must be returned with our return form perfectly completed (with the corresponding return number).
How can I cancel my order?
If you have placed an order and wish to change an item, data or if you wish to cancel it, please contact us over the phone immediately (966692986) and send us an email to (info@scubaonline.es) providing us your order number and your personal information as a customer. Our Customer Service will attend you from Monday to Friday from 9 am to 2 pm and from 4 pm to 8 pm.
Your order can be completely canceled before shipping. Please do it as soon as possible since if your payment has been received, we proceed very quickly with the delivery of your order and it is not always possible to cancel an order.
As soon as we have proof of the cancellation of the order, we will proceed to refund the amount according to the payment method you selected.
Can I add an item to an open order??
YES! To add an item to your order, you need to send us your order number and the description of the item you wish to add via email to (info@scubaonline.es). Orders that have already been sent can not be modified.
IV. Intellectual and industrial property
1.- All the contents that are shown in the Portal SCUBA ONLINEPortal and especially, designs, graphics, logos, photographs of the articles, commercial names or any other signs susceptible of industrial and commercial use are subject to intellectual and industrial property rights of Scuba Elx (Josefa Morell Martinez) or third party owners who have duly authorized their inclusion in the Portal SCUBA ONLINE.
All the rights of Industrial and Intellectual Property of the elements that make up the graphic design of its website, the texts, images and any other content of the "Portal SCUBA ONLINE" are reserved or, in any case, it has authorization for the use of said elements.
2.- Under no circumstances will it be understood that any license or renunciation, transfer, total or partial transfer of said rights is granted or any right is granted, and in particular, of alteration, exploitation, reproduction, distribution or public communication about said contents without the prior express authorization of Scuba Elx (Josefa Morell Martinez) or the corresponding owners.
V. COMPANY responsibility
1.- Scuba Elx (Josefa Morell Martinez), will only be liable for damages that the User may suffer as a result of using the Portal SCUBA ONLINE when said damages are attributable to a malicious act of the same. The User acknowledges and accepts that the use of the Portal SCUBA ONLINE, as well as the acquisition of the products is carried out at his own risk and his entire responsibility.
2.- Scuba Elx (Josefa Morell Martinez) is not responsible for the damages that may arise from, with a merely enunciative and not limiting.
- Interferences, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operational functioning of this electronic system or in the computers and computer equipment of Users, motivated by causes beyond Scuba Elx (Josefa Morell Martinez), that prevent or delay the completion of orders or browsing the Portal SCUBA ONLINE.
- Delays or blockages in use caused by deficiencies or overloads of the Internet or in other electronic systems;
- That they may be caused by third parties through illegitimate intrusions outside the control of the SCUBA ONLINE Portal and that are not attributable to Scuba Elx (Josefa Morell Martinez);
- The divergences of the information, documentation and / or other content of the Portal SCUBA ONLINE that may exist between the electronic version and the printed version;
-The impossibility of providing the Service or allowing access for reasons not attributable to Scuba Elx (Josefa Morell Martinez), due to the User, to third parties, or in cases of force majeure.
3.-Scuba Elx (Josefa Morell Martinez) does not control, in general, the use that Users make of the Service.
In particular Scuba Elx (Josefa Morell Martinez) does not guarantee under any circumstances that Users use the Service in accordance to the law, these General Conditions, morality and accepted good customs and public order, nor that they do it with diligence and prudence.
VI. User Obligations
1.- In general, the User undertakes to comply with these General Conditions, as well as to comply with the special warnings or instructions for use contained therein or on the Portal SCUBA ONLINE and always act in accordance to the law, at good customs and the requirements of good faith, using appropriate diligence to the nature of the service it is enjoying, abstaining from using the Portal SCUBA ONLINE in any way that may prevent, damage or deteriorate the normal functioning of the same, the goods or rights of Scuba Elx (Josefa Morell Martinez), its suppliers, the rest of Users or in general of any third party.
2.- Specifically, and without implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User is obliged, in the use of the Portal SCUBA ONLINE, as well as in the acquisition of the Products:
- - In the case of registering, the User undertakes to provide truthfully the data provided and to keep them updated.
- Do not enter, store or disseminate on or from the Portal SCUBA ONLINE, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence, discriminates on the basis of race, sex, ideology, religion or that in any way violates the form, public order, fundamental rights, public liberties, honor, privacy or image of third parties and in general the current regulations.
- - Do not enter, store or disseminate through the Portal SCUBA ONLINE any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is capable of causing damage to the Portal SCUBA ONLINE, Portal, in any of the Services, or in any of the equipment, systems or networks of Scuba Elx (Josefa Morell Martinez), of any User, of the providers of Scuba Elx (Josefa Morell Martinez) or in general of any third party, or that of Any other form is capable of causing any type of alteration or prevent the normal operation of them.
- To properly guard your username and password, as identifying and enabling elements for access to the purchase of products, agreeing not to assign your use or to allow access to them by third parties, assuming responsibility for the damages and losses that could derive from an improper use of them. Likewise, the user agrees to notify Scuba Elx (Josefa Morell Martinez), as soon as possible, of their loss or theft as well as any risk of access to the username and / or password by a third party.
- Do not carry out advertising, promotional or commercial exploitation activities through the Portal SCUBA ONLINE,not using the contents and in particular the information obtained through the Portal SCUBA ONLINEPortal to send advertising, send messages for direct sales or for any other purpose commercial, nor to collect or store personal data of third parties.
- - Not to use false identities, or impersonate the identity of others in the use of thePortal SCUBA ONLINE or in the use or acquisition of any of the products, including the use of passwords acces of third parties or in any other way.
- Not destroy, alter, disable or damage the data, information, programs or electronic documents of Scuba Elx (Josefa Morell Martinez), its suppliers or third parties.
-Do not enter, store or disseminate through the Portal SCUBA ONLINE any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content which will not hold, in accordance to the law, the right to make it available to a third party.
VII. Communications
For the purposes of these General Conditions, and for any communication that may be necessary between Scuba Elx (Josefa Morell Martinez) and the User, they should contact the Customer Service Department by email (sending a letter to info@scubaonline.es) or through communication by ordinary mail addressed to Scuba Elx (Josefa Morell Martinez). C / Capitán Antonio Mena 92, 03204 Elche (Alicante)
The communications of Scuba Elx (Josefa Morell Martinez) to the User will be made according to the data provided when registering on the Portal SCUBA ONLINE.
VIII. Applicable legislation, Arbitration
1.- This contract will be governed by Spanish legislation, which will be applicable to the provisions of this contract regarding interpretation, validity and execution.
2.- In the event that any type of discrepancy or claim between the parties regarding the fulfillment or content of these General Conditions occurs, the parties will negotiate in good faith to try to resolve such discrepancy or claim within the maximum term of one (1) month from the date on which either of them formally notifies the other that the discrepancy has arisen or notifies the claim.
In the event that the discrepancy or claim is not resolved within the maximum period indicated, the parties, expressly waiving any jurisdiction that may apply, submit the decision of the matter raised to the Arbitration Institution of the Spanish Association of Technological Arbitration (ARBITEC), which is entrusted with the administration of the arbitration and the appointment of the arbitrators in accordance to its Regulations and Statutes.
Likewise, the parties are obliged to accept and comply with the decision contained in the arbitration award that is issued. If the arbitration is not carried out by mutual agreement or was declared void, both parties submit to the Courts and Tribunals of Elche, Alicante, expressly waiving their own jurisdiction, if this were another.
B. PERSONAL DATA PROTECTION POLICY
1.- For the purposes of the provisions of Organic Law 17/1999, of December 13, on the Protection of Personal Data, Scuba Elx (Josefa Morell Martinez) informs the User of the existence of a Portal SCUBA ONLINEfile by and for Scuba Elx (Josefa Morell Martinez), and under their responsibility, for the purposes of information and marketing of the products offered on the Portal SCUBA ONLINE, as well as the performance of promotional and advertising activities that may be of interest, to expand and improve our Products adapting our offers to your preferences or needs and to allow personalized navigation.
2.- The user expressly accepts the inclusion of the data collected while browsing the Portal SCUBA ONLINE or provided by filling in any form, as well as those derived from the commercial relationship and / or delivery of the products purchased, in the file automated personal data referred to in the first section. During the process of data collection, the User will be informed of the mandatory or non-collection of such data for the delivery of the Products, except for the execution of orders in which case Scuba Elx (Josefa Morell Martinez) reports from this moment to the User that will not be considered of voluntary character, for what it will be necessary its inclusion for the formalization of the order of purchase, to provide the data relative to the identity, address and credit card number to realize the payment, to the being these necessary data for the formalization and conclusion of the sale.
3.- The User may exercise, with respect to the data collected in the manner provided in the previous section, the rights recognized in Organic Law 15/1999, and in particular the rights of access, rectification or cancellation of data and opposition, if it is relevant, as well as the revocation of consent for the transfer of your data. The rights referred to in the previous paragraph may be exercised by the User, by sending an email to the address info@scubaonline.es providing all their registration data.
4.- Scuba Elx (Josefa Morell Martinez) undertakes, in the use of the data included in the file, to respect their confidentiality and to use them in accordance with the purpose of the file, as well as to comply with their obligation to save them and to adopt them. all measures to avoid alteration, loss, treatment or unauthorized access, in accordance with the provisions of the Regulation of Security Measures of automated files containing personal data, approved by Royal Decree 994/1999, of 11 of July.
Guarantees and Returns
Guarantee of our products
All our articles are endorsed by national firms and have passed rigorous quality controls. Defects caused by negligence, shock or use are not included.
Returns
Our duty is that the customer is fully satisfied with the purchase, if it were not otherwise, has 7 working days from the date of receipt of the article. It is essential that the product that is going to return is in its original state, must not be used or damaged, must go in its original packaging, retain labels and components included in the box. To do this you must send an email to the following address: (info@scubaonline.es). The shipping costs in case of return will run by the customer.
Once the merchandise has been received and after checking it, it will proceed to change or refund the amount according to the payment method made by the customer.
Shipments
The transport of your order:
Packages are usually sent in 48/72 hours after receipt of your payment. The services used will be Halcourier, Tnt and Seur in the Iberian Peninsula.
Shipping costs include packaging, handling and shipping.
The customer can cancel the order at any time and without any additional cost, as long as it has not been invoiced and sent through the transport company.