The ownership of this website DivingCalendarGuide, (hereinafter Website) is held by: Ruben Perez Caminal, with NIF: 46756478P, and whose contact details are:
Address: Calle Doctor Trueta, 224 Barcelona 08005
Contact email: info@divingCalendarGuide.com
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (DivingCalendarGuide) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that DivingCalendarGuide carries out through the Website comprises:
The exhibition and offer of different products for sale previously received the demand from the buyer and having provided their data.
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 cookies policy, and the privacy and data protection policy of DivingCalendarGuide. By using this Web Site or by making and/or requesting the purchase of a product and/or service through this Web Site, the User agrees to be bound by these Terms and Conditions and all of the above, so if you do not agree with all of the above, you should not use this Web Site.
We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, navigates and/or uses the Web Site, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, if applicable, using the contact form.
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Web Site.
The User may formalize, at its option, with DivingCalendarGuide the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.
Duly registered Users may make purchases on the Web Site by the means and in the manner established. They should follow the DivingCalendarGuide online purchase and/or acquisition procedure, during which various products and/or services can be selected and added to the cart, basket or final shopping space and, finally, click on: “Buy”.
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that DivingCalendarGuide has received his/her order or request for purchase and/or provision of the service, i.e. the order confirmation. And, if applicable, you will also be informed by e-mail when your purchase is being shipped.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail.
The User acknowledges being aware, 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, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments involved during the transactions carried out on the Website could be archived and kept in the computerized records of DivingCalendarGuide in order to constitute a means of proof of the transactions, in any case respecting the reasonable conditions of security and the applicable laws and regulations in force in this regard, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
All purchase orders received by DivingCalendarGuide 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 of the products and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, DivingCalendarGuide undertakes to contact the User and reimburse any amount that may have been paid. This shall also apply in cases where the provision of a service becomes unfeasible.
The prices displayed on the Web Site are final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by law, especially with regard to VAT.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, DivingCalendarGuide performs delivery and/or shipping services through: Shipping agency.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
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 means of payment will be: Credit or debit card, and Bank Transfer.
DivingCalendarGuide uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank. If the issuing bank does not authorize payment, DivingCalendarGuide will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.
Once DivingCalendarGuide receives the purchase order from the User through the Website, a pre-authorization will be made on the applicable card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the time the User is sent confirmation of shipment and/or confirmation of the service being rendered in the manner and, if applicable, place established.
In any case, by clicking on “Buy” the User confirms that the payment method used is his or her own or someone authorized by him or her.
Purchase or acquisition orders in which the User selects bank transfer as payment method will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by DivingCalendarGuide for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.
Using this method of payment, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, DivingCalendarGuide will not be able to validate the order, which will be cancelled.
In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Worldwide, provided that the shipping agency covers the area.
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 45 calendar days from the date of the order confirmation.
If for any reason, for which it is responsible, DivingCalendarGuide is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting 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 is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to have it redelivered.
If the User is not going to be at the delivery location at the agreed time slot, he/she should contact DivingCalendarGuide to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to DivingCalendarGuide, DivingCalendarGuide will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded to the User, with the exception of the additional costs resulting from the User’s own choice of a delivery mode different from the least expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him/her.
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 in which the User or a third party indicated by the User acquires 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 that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when DivingCalendarGuide receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after full receipt of the amount subject to payment by DivingCalendarGuide.
In accordance with the provisions of Law 37/1992, of December 28, 1992, on Value Added Tax (VAT), purchase orders for delivery and/or service shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting DivingCalendarGuide through the contact spaces provided on the Website, and, where appropriate, through those provided to contact customer service, and/or by using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on 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 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.
In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to a series of rights, as listed and described below:
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification.
This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired the material possession of the goods purchased on the DivingCalendarGuide Website or in case the goods composing his order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a contract for services, 14 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify DivingCalendarGuide of his decision. You may do so, where appropriate, through the contact spaces provided on the Website.
The User must clearly and unequivocally state that he/she intends to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that DivingCalendarGuide makes available as part of these Conditions, or any other method of contact and wait for the reply to the message received.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In case of withdrawal, DivingCalendarGuide will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which DivingCalendarGuide is informed of the decision to withdraw by the User.
DivingCalendarGuide will reimburse the User using the same payment method the User used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, DivingCalendarGuide may withhold such refund until it has received the products or items of the purchase in perfect condition and with their corresponding packaging, (any returned order that has been unwrapped or unsealed, cannot be returned) or until the User provides proof of the return of the same, depending on which condition is met first.
The User can return or send the products to DivingCalendarGuide at: Barcelona 08005 C/Doctor Trueta, 224 3º.
And it shall do so without any undue delay and in any event not later than 14 calendar days from the date on which DivingCalendarGuide was informed of the withdrawal decision.
The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, it shall be liable for any diminution in 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 stated in Article 103 of Royal Legislative Decree 1/2007 of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory.
The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that the right of withdrawal will not apply to 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 recognition on his part that he is aware that, once the contract has been fully executed by DivingCalendarGuide, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used, of 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 may accompany them, as well as a copy of the purchase invoice.
These are all those 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, and that, therefore, should contact DivingCalendarGuide immediately and let it know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on 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, whether to proceed with the refund or, if applicable, 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 e-mail confirming the refund or replacement of the non-conforming item.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Web Site, in the terms legally established for each type of product, responding DivingCalendarGuide, therefore, for the lack of conformity of the same that is manifested within three years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by DivingCalendarGuide and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily put; and they present the quality and performance usual for a product of the same type and which are fundamentally to be expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products marketed on the Web Site may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the three years following the delivery of such products. To do so, the User must have retained all information relating to the warranty of the products.
Unless otherwise provided by law, DivingCalendarGuide accepts no liability for the following losses, regardless of their origin:
DivingCalendarGuide also limits its liability in the following cases:
In this way, the obligations will be suspended during the period in which the force majeure continues, and DivingCalendarGuide will have an extension in the deadline to fulfill them for a period of time equal to the duration of the force majeure. DivingCalendarGuide will make every reasonable effort to find a solution that will allow you to fulfill your obligations despite the force majeure.
By using this Web Site, the User agrees that most communications with DivingCalendarGuide will be electronic (e-mail or notices posted on the Web Site).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that DivingCalendarGuide sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with DivingCalendarGuide through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, DivingCalendarGuide may contact and/or notify the User by e-mail or at the postal address provided.
No waiver by DivingCalendarGuide of any particular legal right or action or failure by DivingCalendarGuide to require strict performance by the User of any of its obligations shall constitute or waive any other rights or remedies arising under a contract or the Conditions, or relieve the User from compliance with its obligations.
No waiver by DivingCalendarGuide of any of these Terms or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force, without being affected by such declaration of nullity.
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and DivingCalendarGuide in connection with the subject matter of the sale and purchase and supersede any prior covenant, agreement or promise made orally or in writing by the same parties.
The User and DivingCalendarGuide acknowledge that they have consented to the conclusion of a contract without having relied on any representation or promise made by the other party, except as expressly mentioned in these Conditions.
The information or personal data that the User provides to DivingCalendarGuide 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 such information and data and declares that all information or data provided are truthful.
Access to, browsing and/or use of this Web Site and contracts for the purchase of products through the same shall be governed by Spanish law.
Any controversy, problem or disagreement arising out of or related to the access, navigation and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between DivingCalendarGuide and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
The User may send to DivingCalendarGuide any complaints, claims or other comments through the contact details provided at the beginning of these Terms and Conditions (General Information).
In addition, DivingCalendarGuide has official complaint forms available to consumers and users, which they can request from DivingCalendarGuide at any time, using the contact details provided at the beginning of these Terms and Conditions (General Information).
Furthermore, should a dispute arise from the conclusion of this purchase contract between DivingCalendarGuide and the User, the User as a consumer may request 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 the settlement of consumer disputes online 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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