I. Purpose, object and scope
These provisions regulate the contracting of products and services offered and the advertising addressed to its customers / users by Galtecnology S.L. A commercial company that operates through the Internet from its website (www.atlantic-kayak.com) offers its customers kayaks for strolling, fishing, accessories and any other product that can add to its range in the future. These General Conditions also regulate the rights and obligations of the parties derived from the purchase and sale transactions between them.
The clauses listed below form the framework contract that all users who access the www.atlantic-kayak.com page are obliged to know and accept. For the purposes of these general conditions only, the term "user" includes any Internet user accessing the website www.atlantic-kayak.com, either directly or from any other Internet site.
The services offered by www.atlantic-kayak.com on its website will be governed by the conditions contained in this contract. Www.atlantic-kayak.com reserves the right to modify, totally or partially, these general conditions, applying the new ones that you accept from the moment of its publication in the page. In any case, such modifications will not have retroactive effect on the goods or services contracted previously by the users.
These General Conditions bind both parties and form an integral and inseparable part of the sales contract whose effectiveness acts at the time of execution of the order at the request of the customer, through the contracting mechanisms to be specified thereafter, With the provisions in the art. 1.255 of the Civil Code that includes the principle of autonomy of the will and pacts between the contracting parties. For all purposes it will be understood that the user accepts the conditions and rules of use related here if he makes the purchase on the website or click on accept ...
In order to fully guarantee the rights of consumers and users of www.atlantic-kayak.com, these General Conditions are established in accordance with the provisions of Spanish law and, in particular, Law 7/98, of 13 April of the General Conditions of Contract, Law 7/96 of 15 January, on retail trade, Civil Code, Directive 2000/31 EC of the European Parliament and of the Council, of 8 June, Law 34/2002, Of 11 July, on services of the information society and electronic commerce, Decree 1/2007 of 16 November, approving the Consolidated Text of the General Law for the Defense of Consumers and Users and other laws Standards.
II.-Identification and corporate name of the offering company
Galtecnology S.L. , Established in Ctra. Azucarera intelhorce, 140B 29010 Málaga, with C.I.F. Nº B-93172955, offers its services of electronic sale by Internet in its web page www.atlantic-kayak.com
Your contact address is email@example.com
The domicile for the purposes of claims will correspond to what is indicated as the company's headquarters.
III.- Legal conditions of provision of services and responsibility
Clarity and transparency in information:
Galtecnology S.L., in compliance with the provisions of art. 10 of Law 34/2002, of July 11, through its website and these General Conditions, allows electronic access in a permanent, easy, direct and free way to the complete information of its business name ( Fiscal data, address and address of communications), as well as to the data of the client, exclusive access to the same, of the company.
Likewise, in accordance with Royal Decree 1/2007, the client is offered both pre-contractual information (see these General Conditions and additional information in the different sections of the website) and confirmation of the legally necessary information.
IV.-Conditions of access of the user / client
The user of the website www.atlantic-kayak.com shall be entitled to a free and free access to the public information contained therein, although www.atlantic-kayak.com reserves the right to restrict access to information, promotions And special Offers to your registered customers.
Any user accessing the website www.atlantic-kayak.com, has the right to register as a client and, therefore, can take advantage of special offers for the group of registered customers if it meets the specific conditions of the offer that for each Product are specified.
The public information contained in the website www.atlantic-kayak.com referred to both the company Galtecnology S.L. Such as trademarks, products, logos, ... of the wholesale companies and manufacturers of the products and services offered are protected by the legal provisions on intellectual and industrial property, and so the copy, transmission, transfer, transfer or Use by the customer / user other than the advertising purpose of their virtual publication that do not have the express consent of Galtecnology SL, the manufacturer of the product or the owner of trademarks and logos, under the terms provided in section XI on Property Rights Industrial and Intellectual.
The customer / user prior to formalizing the purchase of any of the products offered by www.atlantic-kayak.com must record their personal data and circumstances necessary for the formalization of the sales contract (name and surname or company name, DNI / NIF, address, e-mail address, telephone / fax number).
The user can only contract and place orders if he is of legal age. Otherwise, responsibility for placing orders by minors will be borne by the parents or guardians of the minor.
In order to order on the website, each customer will voluntarily provide to www.atlantic-kayak.com and under their responsibility their personal data.
All personal data provided by customers fraudulently or falsely may be considered as a crime of falsification of commercial documents.
Www.atlantic-kayak.com will be able to offer the customer a personal registration system through a personalized access key (password) and a password to facilitate the client's future purchase operations. In this case, the customer may designate the desired password and password, as long as they are available or are not assigned to other customers. Through an automatic process, Galtecnology S.L., if the client wishes, will generate the password and password for the client. No codes or passwords with immoral, abusive, harassing, discriminatory or contravening laws, nor those with terms that refer to trademarks, products or names protected by the legal provisions on Intellectual Property, Industrial or contrary to the Rights to privacy, honor and self-image.
The client undertakes to ensure the confidentiality of his own password and password. Galtecnology S.L. Is exempted from any liability arising from the incorrect use or negligence on the part of the client in the fulfillment of their obligation of confidentiality of their access codes.
V.-Supply and acceptance process
CONDITIONS OF PURCHASE-SALE OF THE PRODUCT
Galtecnology S.L. Reserves at any time and unilaterally the right to modify the price of products and services offered through its website. In order to guarantee to the customer the certainty and security of the price of its products, this will be the one in force in the advertising coincident with the moment of formalizing the order.
In the electronic purchase process, the following steps will be followed according to the options menu on the atlantic-kayak.com website:
Information about the product offered to the client:
Includes the technical characteristics, description, manufacturer's mark, orientation photograph (if applicable).
Information about the price of the product:
Information of the final price or retail price of the product to be purchased, containing in the same order the final cost for the customer and including VAT, freight charges and merchandise insurance and handling derived from transportation. The final cost, therefore, will be communicated to the customer in the electronic purchase process before it will formalize its acceptance by choosing the "Place Order" option from the options menu.
The possible discounts or promotional gifts will be freely directed by www.atlantic-kayak.com to the collectives designated at any time by Galtecnology S.L., or depending on the product offered, according to the publicity existing at any moment in its website.
Acceptance of order:
At the time of ordering, once the option in the "Place the Order" menu is used, the consent of the customer is understood to be for the validity and effectiveness of the sales contract that binds the parties. Www.atlantic-kayak.com will electronically store the order, unless reasonable typographical error, in which case the order can not be processed.
Www.atlantic-kayak.com upon acceptance of the order will inform the client of the same by sending the confirmation of the order and also sending the general conditions in force of www.atlantic-kayak.com to the email indicated by the client.
The commitment acquired by www.atlantic-kayak.com for the sale and delivery of the merchandise offered is contingent on the stock of the product announced and the availability of the same until the end of stock, reason why Galtecnology SL, in its commitment of quality and service to the Customer, tries at all times that the products advertised are available. However, in the event of exceptional circumstances such as an abusive request, an interactive multi-order or those that cause the end of stock of the product, the order and the contract signed between the parties will be rendered ineffective under this resolutory clause, fully restoring the customer in In case of prepayment the amounts paid by the same.
Forms of payment by the client:
The following payment systems are established:
By cash transfer or bank transfer of the full amount in favor of the bank account owned by Galtecnology S.L. Which appears when you choose this form of payment; In both modalities of prepayment with express mention of the order number to which the payment refers. Orders with the "prepaid" payment method that are not paid in the account of www.atlantic-kayak.com 7 days after the confirmation of the order, will be automatically canceled after this period expires. The limit of established value is 3,000.- EUR per order. In case of exceeding this amount the customer must communicate by email to firstname.lastname@example.org. It is important to remember that some banks may take 1-2 business days to make the transfer effective, and account income may take a minimum of 24 hours to be reflected in our system.
2nd.- Cash on delivery
The customer will make the full payment in cash at the time of delivery of the merchandise in the place designated by the same at the time of placing the order. Www.atlantic-kayak.com reserves the domain and will retain full ownership of the item until the full payment by the customer including possible errors of the seller or carrier of the same. The minimum amount for an order with the "cash on delivery" payment method will be 5.- EUR. The limit of purchase with the form of payment "against refund" will be 700.- EUR (VAT incl.) Per order. In case of exceeding this amount the customer must communicate by email to email@example.com
The purchase against reimbursement will have an additional cost depending on the total amount of purchase, and always stipulated by the logistics distributor
3 °. Credit card
Payment by credit card is made through a 100% secure payment gateway.
The payment through PayPal, is made through the company Galtecnology S.L. Without it having any significance for the client by our company.
Www.atlantic-kayak.com will issue a pdf invoice that will be activated 7 days after the purchase and will be available as long as you maintain the account at www.atlantic-kayak.com
Www.atlantic-kayak.com warns that you will not be able to subsequently modify your sales invoices in compliance with current regulations. (Royal Decree 1496/2003 on Billing standards, modified by Royal Decree 87/2005). The invoice will be issued in the name of the individual or company making the order, so the customer must make sure to place the order to the correct name. No further changes will be possible. The available invoice is NOT valid for VAT purposes without the CIF or NIF of the individual or legal entity that made the purchase.
Www.atlantic-kayak.com warns that for reasons of protection of personal data, only duplicates of invoice will be issued to the person who holds the contract. Duplicates will not be issued to third parties. Www.atlantic-kayak.com will not send duplicates of invoice by fax or email but only to the address designated by the contract holder. Once the warranty period expires, no more duplicates of invoices may be issued.
Delivery time of the product purchased:
An approximate delivery period of 24 to 48 hours is established for the effective delivery of the product to be counted from the moment in which the date of delivery of the same was established when the order was placed. The orders for prepayment with proof of payment within the deadline established during the order formalization will have the start date of the computation when the payment is made and the corresponding proof of transfer has been sent.
The delivery time of the merchandise depends on the place where it is to be delivered to the customer. All orders will be shipped with an express delivery service of 24/48 hours without any direct or explicit guarantee from Galtecnology S.L. Which will be delivered within this period.
In the case of a delay in delivery of more than 30 days over the approximate time of receipt of the product set when ordering, and provided that this delay is attributable to Galtecnology, the customer, after written complaint (letter, fax or e- Mail), you may unilaterally withdraw from the order, refunding the amounts paid in case of prepayment, in accordance with articles 103 and following of Royal Legislative Decree 1/2007.
Place and form of delivery:
The order will be delivered to the designated address at the time of the contract by the customer. The subsequent modification of the place of delivery requested by the customer will only be entered in order to identify the customer, the order, the total amount of the reimbursement (only for orders in the form of cash on delivery) and the number of packages Possible before the order leaves our warehouse and will generate additional expenses on the sale price that will be at the cost of the buyer. Modification of the delivery address once the order has been delivered to the carrier will not be possible unless the customer pays the expenses and so is expressly agreed between the parties. The merchandise will be delivered to the customer by a transport company, along with delivery note in the delivery.
The merchandise is at all times covered by insurance against risks of transportation, loss and handling during transportation.
Important: Make sure that the package received is externally in good condition. Otherwise, note this fact in the delivery note of the carrier, reject the shipment and notify in writing to firstname.lastname@example.org within the next 24 hours.
Goods that could not be delivered within seven working days of the departure of the facility from www.atlantic-kayak.com for non-attributable cause to the seller will be returned to the same, refunding the amounts paid for the product In the case of orders in the prepayment mode, except the re-issue (return) costs.
Www.atlantic-kayak.com will serve your products offered on the website only to the Peninsula and Balearic Islands. Orders outside these areas (eg Canarias, Ceuta and Melilla) can not be taken care of without consulting the price before.
VI.-Guarantee of products
The guarantee of the products sold by www.atlantic-kayak.com is provided and established by virtue of the legislation contained in the current legislation, in particular, in Royal Decree 1/2007, article 114 et seq., Legal framework that Is intended to provide the consumer with different options for requiring reorganization when the good acquired does not conform to the contract, giving him the option of demanding repair or replacement of the good, unless one of them is impossible or disproportionate. When the repair or replacement is not possible or disproportionate, the consumer may demand the price reduction or termination of the contract.
In case of lack of conformity of the product, a period of two years from the moment of delivery is recognized so that the buyer can enforce his rights, however, only in the 6 months following the delivery will it be presumed that the lack (Ie from the seventh to the end of the two years) that the goods were non-compliant, all in accordance with article 114 and Of the aforementioned Royal Legislative Decree.
Manufacturers may offer additional warranties, the length and duration of which vary by product and brand. These guarantees will be exclusively the responsibility of the manufacturer that is bound to them.
Under the Royal Legislative Decree, the seller is obliged to deliver to the consumer a good that is in accordance with the sales contract in the terms established by it (article 114), under which:
"The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, responding to it from any lack of conformity that exists at the time of delivery of the product."
In any case, the serial number of the product, if applicable, must correspond to that recorded in the archives of Galtecnology S.L.
Www.atlantic-kayak.com will not be liable for any damages that may result from misuse, unprofessional handling or installation, or malfunction as a result of tampering. The warranty will not be valid in case of factors external to normal use of the product, such as scratches or shocks, use of improper or prohibited accessories by manufacturers, falls, fire or improper or abusive handling by the customer or by unauthorized third parties By manufacturers.
The calculation of the guarantee will start on the same day of delivery, by virtue of the aforementioned article 123 of the Royal Legislative Decree.
In case of repairs of products, the customer must go exclusively to the official technical services (recognized and licensed by the manufacturers). It is recommended to go to the SATs to expedite the repair process.
Notwithstanding the reorganization regime described above, and even in the case of full conformity of the goods, the customer may withdraw his order and return it within 7 days, as indicated in the following sections, as well as in the document Of surrender that is given at the time of recruitment.
The guarantee is only addressed to the owner (contractual part) that appears in the invoice and only the owner can demand the same.
Www.atlantic-kayak.com will not be responsible for meeting third party requests that have not directly acquired the good through www.atlantic-kayak.com and / or that do not appear on the sales invoice.
Confidentiality and security of the client's personal data in accordance with what is established in the current Spanish legislation on data protection.
No dissemination, transmission or publication of customer data without your express consent.
Do not receive promotional or promotional emails if you have rejected them.
Access, rectify, cancel and / or oppose the processing of personal data of the client that act in the database of www.atlantic-kayak.com at the request of the client, all in accordance with the provisions in the section on Data Protection Personal.
Free access to the open sections of the website of Galtecnology S.L.
Know at any time the status of processing of the order made.
The customer (consumers or users are considered only the natural or legal persons who acquire, use or enjoy the product as final recipients) will have the right to withdraw from the contract within a period of seven working days from the receipt of the same, prior communication to www. Atlantic-kayak.com within that period to establish the appropriate return channels (opening of incidence in the "Support Desk", and form and address of delivery of the return shipment), with repayment of the price that would have paid For the product, not being payable the costs related to the order nor the transport costs, all according to the withdrawal document that is given at the time of contracting. Www.atlantic-kayak.com undertakes to return this amount within a maximum period of 14 working days, thus shortening in two weeks the mandatory term stipulated by Royal Decree 1/2007.
Professionals: Consumers and users who, without constituting themselves as final recipients, will not acquire, store, use or consume goods or services, in order to integrate them into production, transformation, commercialization, professional activity or provision to third parties. Which do not benefit from the rights granted to consumers. Www.atlantic-kayak.com will not accept returns for withdrawals from companies.
Www.atlantic-kayak.com will only accept minimal wear and tear of the product due solely to its test to make a decision on its final acquisition without altering the conditions of the product at the time of delivery. In cases of abnormal use of the property, such a refund will not be accepted. The return costs will be subtracted from the price of the product at the time of the return of the money. In no case will it be possible to handle returns or exchange of goods at the registered office of Galtecnology S.L ..
Www.atlantic-kayak.com will not be responsible for returns on products handled by the customer, or those goods that are returned incomplete both in their main elements and accessories. The right of withdrawal will not come after the deadline indicated nor on products subject to fluctuations of a market not controlled by Galtecnology S.L., or perishable objects, objects that can be easily reproduced immediately or that by their nature can not be returned. Neither will the withdrawal proceed on merchandise or orders that can be considered for their special characteristics as requested by the customer.
In cases of wear or deterioration of the property for reasons that are not due exclusively to its test to make a decision on its final acquisition, www.atlantic-kayak.com will be able to agree with the client the corresponding compensation and proportional to the deterioration.
The return of the following products by withdrawal will not be possible at any time:
Important: Consumers will be considered by natural or legal persons acting in an area outside a business or professional activity. Www.atlantic-kayak.com will not accept returns for withdrawals by companies or self-employed.
Instructions for sending (returning) products:
The delivery of a possible return will not be managed directly at our facilities, but will be delivered to the carrier for shipment. Please be advised that in order to avoid any incidents, it is necessary that the smallest products (Watches, jewelery, etc.) be protected by an additional external packaging - as you received it at home - and avoid any kind of damage or manipulation Of the original packaging of the product during transport. For larger products (Bags, suitcases, etc.) an external packaging is not necessary to protect the original, however, it is important to ensure that the product is shipped properly protected inside the original box with the protections intended for this (Corks, porexpán, bubble wrap, etc.) and avoiding any manipulation in the same.
For any doubt about the correct shipment of the products to Galtecnology S.L., consult our customer service department.
All returns of products that do not have the original packaging and / or that do not present the original return form (with table number) will be rejected from Galtecnology, S.L.
We do not accept any shipping costs.
VIII.-Obligations of the user / client
Keep your personal keys with due diligence.
Use faithfully the purchasing service provided by Galtecnology, S.L. On its website www.atlantic-kayak.com refraining from manipulating the contents of its website, introducing illegal content or interfering in its computer media through viruses or other prohibited behaviors in Law.
Respect the purchase agreement once the order is accepted, with the timely payment of the agreed price and refrain from engaging in abusive and unlawful conduct in hiring
Use information published by Galtecnology S.L. . Exclusively by the client strictly within the intended personal business relationship.
Do not reproduce, sell or dispose of the information published by www.atlantic-kayak.com in all its contents without express permission of the company itself.
IX.-Rights of Galtechnology S.L.
Preserve, modify or suspend your website without prior notice.
Modify the price of the offers.
Reject orders due to lack of inventory or customer default.
Reject access to computer tools to customers in case of non-compliance with these conditions.
Perceive the amount of the customer's purchases accepted the transaction.
Reserving the domain and retaining full ownership of the item until the full payment by the customer.
To reserve the right to draw lots of goods or services on their website.
Use the information published by www.atlantic-kayak.com exclusively by the client strictly within the intended personal business relationship.
Do not reproduce, sell or dispose of the information published by www.atlantic-kayak.com in all its contents without express permission of the company itself.
Proceed to correct or amend human or computer errors.
X.-Intellectual and industrial property rights
The rights relating to industrial and intellectual property (including but not limited to: trademarks, logos, texts, photographs, icons, images, ..., as well as graphic design, source code and other software elements contained in the page Web) are owned by www.atlantic-kayak.com or wholesale companies and manufacturers of the products and services offered. Therefore, they are subject to intellectual and industrial property rights and protected by Spanish and international legislation.
Atlantic kayak is a registered trademark.
Without the prior written authorization of Galtecnology SL, or, where applicable, the wholesale company or the manufacturer of the product entitled to the rights, it is not permitted to use, copy, distribute, reproduce, transmit, manipulate, as well as any Use that exceeds a normal use and necessary for the visit of the page and the use of the services offered.
Access to the services provided does not imply the renunciation, transmission or total or partial transfer of rights derived from intellectual and industrial property, nor does it grant rights of use, alteration, exploitation, reproduction, distribution Or public communication on these contents without the previous and express written authorization of the respective holders of said rights, without prejudice to the right to view and obtain private copy of security of such contents, provided that said right is exercised in accordance with the principles of good Faith and provided that the intellectual and industrial property of the holder of such rights is maintained unaltered, is used for non-commercial purposes and exclusively for personal information of the user.
The responsibility derived from the use of materials protected by the intellectual and industrial property rights of third parties contained in this page in an unlawful way or that transgresses morality, honor or privacy and good faith, will correspond exclusively to the user, exempting in any case To www.atlantic-kayak.com from any liability arising from such conduct.
Www.atlantic-kayak.com will not be responsible for interruptions in electrical or telecommunications services that prevent users from using the services offered.
XII.- Protection of personal data
The information received by wwwatlantic-kayak.com through its website will be treated with the utmost confidentiality. Www.atlantic-kayak.com shall at all times observe the current provisions on data protection, in particular the Organic Law 15/1999 of 13 December on the Protection of Personal Data, and shall take the necessary measures, in To prevent unauthorized alteration, loss, treatment and access and for their employees to observe such requirements, as well as the duty of secrecy on the data subject to protection and other obligations of confidentiality in force. Likewise, it undertakes not to use the personal data of the users of the page for purposes other than the purpose of contracting the services it provides.
In accordance with current legislation, www.atlantic-kayak.com collects personal data of its clients and includes them in a file of which it is the owner and whose treatment is exclusively intended for the purpose of managing the orders requested from the Company and Respond to queries that users may formulate. The entity responsible for the files is Galtecnology S.L.
The user must provide the personal data and circumstances necessary to register as a customer of the Company and formalize sales contracts (name and surname or company name, ID number / address, address, email address, telephone / fax number) . Registration of these data is mandatory; Failure to complete them on the part of the user or the provision of incorrect data will make it impossible for www.atlantic-kayak.com to correctly manage the orders placed.
Www.atlantic-kayak.com requests additional personal data for statistical purposes that allow you to know the user's profile. The user may omit or stop communicating any personal data or circumstance that is not absolutely necessary for the registration as a customer or formalization of the purchase. Www.atlantic-kayak.com may allow third-party advertising companies to place advertisements on their website.
The data may be used by www.atlantic-kayak.com in order to send the user information about offers and advertising information to the email address or personnel provided, to which the customer expressly consents; However, the customer may opt at any time for refusing to send such information by sending an email in this regard.
Likewise, the customer expressly consents that www.atlantic-kayak.com communicates said data to companies or banks for the management of the transport and the collection of the order. Www.atlantic-kayak.com may also carry out other data communications provided for by law.
The data collected by www.atlantic-kayak.com may be processed and stored in Spain, or any other country where it has facilities. Likewise, it may carry out international data transfers to countries not members of the U.E., for which the client expressly consents, all in accordance with the provisions of the law.
Rights of access, rectification, cancellation and opposition:
Galtecnology SL, the recipient of the data collected on this page, undertakes to respect and facilitate the exercise of the rights recognized by law and, in particular, rights of access to data, rectification, cancellation of Data and opposition, if relevant. Such rights may be exercised by the user or, as the case may be, by the person representing him, by means of a written and signed request, addressed to the following address: Ctra. Azucarera Intelhorce, 140B 29004 Málaga
Security in the processing, computer processing and custody of data:
Www.atlantic-kayak.com declares and guarantees that it maintains the levels of security for the protection of personal data in accordance with current legislation and that it has established all technical means at its disposal to prevent loss, misuse, alteration, access Unauthorized and theft of data provided by users. All this without prejudice to the fact, which the user expressly accepts, that Internet security measures are not impregnable.