I.-Purpose, object and scope
These stipulations regulate the contracting of products and services offered and advertising to its customers/users by Galtecnology S.L.U. a commercial company that operates through the Internet from its website (www.atlantic-kayak.com) offering its customers kayaks, fishing, accessories and any other products that it may add to its range in the future. These General Conditions also regulate the rights and obligations of the parties arising from the sales transactions entered into between them.
The clauses below are configured by the framework contract that all users who access the www.atlantic-kayak.com are required to know and accept. For the purposes of these general conditions only, the term "user" includes any internet user who accesses the website www.atlantic-kayak.com, either directly, or from any other website.
The services offered by www.atlantic-kayak.com on its website will be regulated by the conditions contained in this contrato.www.atlantic-kayak.com reserves the right to modify, in whole or in part, these general conditions, being of application the new ones that it agrees from the moment of its publication on the page. In any case, these modifications will have no retroactive effect on the goods or services already contracted by the users.
These General Conditions bind both parties and form an integral and inseparable part of the contract of sale whose effectiveness operates at the time of the subscription of the order at the request of the customer, through the contracting mechanisms that will subsequently be specified, all in accordance with the provisions of Article 1.255 of the Civil Code which 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 herein related if he makes the purchase on the website or clicks accept...
To guarantee in its entirety the rights of consumers and users of www.atlantic-kayak.com, these General Conditions are established in accordance with spanish law, and in particular in Law 7/98 of April 13 on General Conditions of Contract, Law 7/96 of January 15 on Retail Ordering, Civil Code, Directive 2000/31 EC of the European Parliament and of the Council of 8 June, Law 34/2002 of 11 July on Information Society and Electronic Commerce Services, Royal Legislative Decree 1/2007 of 16 November approving the Consolidated Text of the General Law for the Defence of Consumers and Users and other applicable laws and their implementing regulations.
II.-Identification and social reason of the offering company
Galtecnology S.L.U. , established in Ctra. Azucarera intelhorce, 140B 29010 Málaga, provided with C.I.F. No. B-93172955, provides its electronic sales services over the Internet on its website www.atlantic-kayak.com
Your contact address is firstname.lastname@example.org
The address for the purposes of complaints shall correspond to that indicated as the registered office of the undertaking.
III.-Legal terms of service provision and liability
Clarity and transparency in information:
Galtecnology S.L.U., in compliance with the provisions of Article 10 of Law 34/2002 of July 11, through its website and these General Conditions, allows access by electronic means permanently, easily, directly and free of charge to the information comprehensive of its company name (tax data, records, address and communications address), as well as to the customer's data, with exclusive access to it, which are in the possession of the company.
Also, in accordance with the amended Royal Legislative Decree 1/2007, it offers the client both the pre-contractual information (see these General Conditions as well as the additional information in the different sections of the website) and the confirmation of the information required legally.
IV.-User/Customer Access Conditions
The user of the www.atlantic-kayak.com website will have the right to free and free access to the public information collected therein, although www.atlantic-kayak.com reserves the right to restrict access to information, promotions and special offers to its registered customers.
Any user who accesses the www.atlantic-kayak.com website has the right to register as a customer, and can therefore benefit from special offers aimed at the collective of registered customers if it meets the specific conditions of the offer that are specified for each product.
The public information contained in the website of www.atlantic-kayak.com referring to both the company Galtecnology S.L.U. and the brands, products, logos,... wholesale companies and manufacturers of the products and services offered are protected by the legal provisions on intellectual and industrial property, the copying, transmission, assignment, disposal or use by the customer/user outside the advertising purpose of its virtual publication that do not have the express consent of Galtecnology S.L.U., the manufacturer of the product or the owner of trademarks and logos, in the terms provided for in section XI on Industrial and Intellectual Property Rights, is not authorized.
The customer/user prior to the formalization of the purchase of any of the products offered by www.atlantic-kayak.com must record their data and personal circumstances necessary for the conclusion of the contract of sale (first and last name or company name, ID/NIF, address, email address, telephone/fax number).
The user can only hire and place orders if he/she is of legal age. Otherwise, the responsibility for placing orders for minors will be borne by the child's parents or legal guardians.
In order to place orders on the website, each customer will provide www.atlantic-kayak.com voluntarily and under their responsibility with their personal data.
All personal data provided by customers fraudulently or falsely may be considered as an offence of falsity of commercial documents.
Www.atlantic-kayak.com may not offer the customer a personal registration system through a custom access key (login) and password to facilitate future purchase operations for the customer. In this case, the customer may designate at his discretion the desired key and password, provided that these are available or not assigned to other customers. Through an automatic process, Galtecnology S.L.U., if desired by the client, will generate the access key and password for the client. Keys or passwords with immoral, insulting, vexing, discriminatory or contrary to the provisions of the laws, or those with terms that refer to trademarks, products or denominations protected by the legal provisions on Intellectual Property, Industrial or contrary to the rights to privacy, honor and the image itself, will not be accepted.
The customer undertakes to ensure the confidentiality of their own access key and password. Galtecnology S.L.U. is exempt from any liability arising from the incorrect use or negligence on the part of the client in fulfilling its obligation of confidentiality of its access keys.
V.-Offer and acceptance process
CONDITIONS OF PURCHASE AND SALE OF THE PRODUCT
Galtecnology S.L.U. reserves at all times and unilaterally the right to modify the price of the products and services offered through its website. To guarantee the customer the certainty and security of the price of their products, this will be the one in force in the advertising coinciding with the time 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:
Information about the product offered to the customer:
Includes technical characteristics, description, manufacturer's brand, guidance photography (if applicable).
Product Price Information:
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, shipping and insurance costs of goods and handling derived from transport. The final cost will therefore be communicated to the customer in the electronic purchase process before the customer formalizes their acceptance by choosing the "Place Order" option from the options menu.
Possible discounts or promotional gifts will be freely directed by www.atlantic-kayak.com to the groups designated at any time by Galtecnology S.L.U., or depending on the product offered, according to the advertising that is existing at all times on its website.
Acceptance of the order:
At the time of placing the order, once the "Order" menu option has been used, the customer's consent is understood to be given for the validity and effectiveness of the contract of sale that obliges the parties. Www.atlantic-kayak.com the order will be stored electronically, except for reasonable typography error, in which case the order cannot be processed.
Www.atlantic-kayak.com after acceptance of the order will inform the customer of the order by sending the order confirmation and also sending the current general conditions of www.atlantic-kayak.com to the email indicated by the customer.
The commitment made by www.atlantic-kayak.com of sale and delivery of the goods offered is contingent on the stock of the advertised product and the availability of it until the end of stock, so Galtecnology S.L.U., in its commitment to quality and customer service, tries at all times that the advertised products are available. However, in the event of exceptional circumstances such as an abusive order, interactive multi-order or those that cause the end of stock of the product, the order and the contract entered into between the parties will be terminated under this resolution clause, completely restoring to the customer in case of prepayment the amounts paid by it.
Methods of payment by the customer:
By cash deposit or bank transfer of the amount I integrate in favor of the bank account owned by Galtecnology S.L. that appears when this form of payment is chosen; in both forms of prepayment with express mention of the order number to which the payment relates. Orders with the "prepaid" payment method that are not credited to the www.atlantic-kayak.com account 7 days after the order is confirmed, will be automatically cancelled after the deadline. The value limit set is EUR 3,000.- EUR per order. If this amount is exceeded, the customer must contact us by email email@example.com. It is important to remember that some banks may take 1-2 business days to make the transfer effective, and account revenue may take a minimum of 24 hours to be reflected in our system.
The customer will make the full payment in cash at the time of delivery of the goods at the place designated by the latter when placing the order. Www.atlantic-kayak.com the domain is reserved and will retain full ownership of the item until full payment by the customer including possible errors of the seller or carrier thereof. The minimum amount for an order with the payment method "cash on delivery" will be EUR 5.- EUR.
The purchase against refund will have an additional cost depending on the total purchase amount, and always stipulated by the logistics distributor.
Payment by credit card is made through 100% secure payment gateway.
Payment through PayPal, is made through the company Galtecnology S.L.U. without any importance to the customer by our company.
Www.atlantic-kayak.com will be issued in PDF format that will be activated 7 days after purchase and will be available as long as you keep the account in www.atlantic-kayak.com
Www.atlantic-kayak.com warns that you will not be able to change sales invoices after billing in compliance with current regulations. (Royal Decree 1496/2003 on Billing Rules, as amended by Royal Decree 87/2005). The invoice will be issued in the name of the natural person or company placing 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 VAT number or VAT number of the natural or legal person who made the purchase.
Www.atlantic-kayak.com, for reasons of protection of personal data, only duplicate invoices will be issued to the contract holder. Duplicates will not be issued to third parties. Www.atlantic-kayak.com will not send duplicate invoices by fax or email but only to the address designated by the contract holder. Once the warranty period has elapsed, no more invoice duplicates may be issued.
For shipments to destinations with tax exemptions other than the Peninsula (Ceuta, Melilla and Canary Islands), it will be in accordance with the provisions of the current tax legislation, being in any case, the final recipient, responsible for the customs payments that correspond, unless, by prior contract, is provided otherwise.
Delivery time of the purchased product:
An approximate delivery time of 24 to 48 hours is established for the effective delivery of the product from the time the delivery date of the same was set when the order was placed. Prepaid orders with proof of payment within the delivery time set during the order to be placed will have as the start date of the calculation the time the payment is made and the corresponding transfer proof has been sent.
The delivery time of the goods depends on the location where it is to be delivered to be put to the customer. All orders will be shipped with an urgent delivery service of 24/48 hours without this implying any direct or explicit guarantee on the part of Galtecnology S.L.U. that delivers it will be made within this period.
In the event of a delay in delivery of more than 30 days on the approximate period of receipt of the product fixed when the order is placed, and provided that this delay is attributable to the company, the customer, upon written claim (letter, fax or e-mail), may unilaterally withdraw from the order, refunding the amounts paid in case of prepayment, in view of Articles 103 and following The Royal Legislative Decree, 1/2007.
Place and shape of delivery:
The order will be delivered to the address designated at the time of contract by the customer. The subsequent modification of the place of delivery requested by the customer will be unique that the data will be entered to identify the customer, the order, the total amount of the refund (only for orders in the method of payment against refund) and the number of packages that possible before the order leaves our warehouses and will generate additional costs on the sale price that will be at the buyer's expense. The modification of the delivery address once the order has been delivered to the carrier will not be possible unless the customer has the costs and thus expressly agrees between the parties. The goods will be delivered to the customer by a transport company, along with packing slip in which they compose the shipment.
The goods are at all times covered by insurance against transport risks, loss and handling during transport.
Important: Make sure the received lump is externally in good condition. Otherwise, write this fact on the carrier's packing slip, reject the shipment and notify firstname.lastname@example.org in writing within 24 hours.
Goods that could not be delivered within seven working days from the departure of the same from the www.atlantic-kayak.com for reasons not attributable to the seller will be returned to the seller, refunding the amounts paid for the product in case of orders in the prepayment modality except the costs of reshipment (return).
Www.atlantic-kayak.com will not serve its products offered on the website only to Peninsula and Balearic Islands. Orders outside these areas (e.g. Canary Islands, Ceuta and Melilla) may not be taken care of without consulting the price before, and in accordance with these general conditions of sale.
The guarantee of products sold by www.atlantic-kayak.com is provided and established under the regulations contained in the current legislation, in particular, in the aforementioned Royal Legislative Decree 1/2007, Article 114 and below, a legal framework which aims to provide the consumer with different options for requiring sanitation where the acquired good is not in conformity with the contract, giving him the option to demand the repair or replacement of the good, unless one of these is impossible or disproportionate. Where repair or replacement is not possible or disproportionate, the consumer may require a price reduction or termination of the contract.
In case of non-conformity of the product, a period of two years from the time of delivery is recognized so that the buyer can make his rights effective, however, only within 6 months of delivery will it be presumed that the lack of conformity already existed at the time of delivery, corresponding to the buyer to prove , in the remaining 18 months (i.e. from the seventh until the end of the two years) that the good was non-conforming, all in accordance with Article 114 and following the aforementioned Royal Legislative Decree.
Manufacturers may offer additional warranties, the extent and duration of which differ by product and brand. Such guarantees shall be solely the charge of the manufacturer who is obliged to them.
Under the Royal Legislative Decree, the seller is obliged to provide the consumer with a good that is in conformity with the contract of sale in the terms established by him (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 him of any lack of conformity that exists at the time of delivery of the product."
In any case, the serial number of the product must correspond, if applicable, to repair with the one contained in the files of Galtecnology S.L.U.
Www.atlantic-kayak.com will not be liable for possible damages that may result from misuse, handling or non-professional installation, or malfunction as a result of tampering. The warranty will not be valid in case of factors outside the normal use of the product, such as scratches or bumps, use of improper or prohibited accessories by manufacturers, falls, fire or incorrect or abusive handling by the customer or by third parties not authorized by manufacturers.
The calculation of the guarantee shall begin on the same day of delivery, pursuant to the above article 123 of the Royal Legislative Decree.
In case of product repairs, 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 procedures. Shipping costs for repairs inside or outside warranty will be borne by the buyer, once such repair and verification of the conditions and warranty deadlines the return cost will be borne by the seller, for repairs outside guarantees the shipping and return costs will be borne by the buyer.
Without prejudice to the sanitation regime described above, and even in case of full conformity of the good, the customer may withdraw from his order and return it within 15 days, as indicated in the following paragraphs, as well as in the withdrawal document that is delivered at the time of contracting.
The guarantee is addressed only to the holder (contractual party) on the invoice and only the holder may demand it.
Www.atlantic-kayak.com will not be responsible for meeting the requirements of third parties who have not directly acquired the good through www.atlantic-kayak.com and/or that do not contain the sales invoice.
Confidentiality and security of the customer's personal data in accordance with the provisions of the Spanish legislation on data protection.
Do not broadcast, transmit or publish customer data without your express consent.
Do not receive promotional or advertising emails if you have rejected them.
Access, rectify, cancel and/or oppose the processing of the customer's personal data contained in the www.atlantic-kayak.com database at the request of the customer, all in accordance with the provisions of the section on the Protection of Personal Data.
Free access to the open sections of the Galtecnology S.L.U. website.
Know at all times the processing status of the order placed.
The customer (consumers or users are considered only natural or legal persons who purchase, use or enjoy the product as final recipients) will be entitled to withdrawal of the contract within seven working days of receipt of the contract, prior communication to www.atlantic-kayak.com within that period for the establishment of the appropriate return channels (opening of incident in the "Support Table", and form and delivery address of the return shipment), with refund of the price you had paid for the product, the costs related to the order and the costs of transport, all according to the withdrawal document that was delivered at the time of contracting. Www.atlantic-kayak.com undertakes to refund this amount within a maximum period of 14 working days, thus shortening by two weeks the mandatory period stipulated by Royal Legislative Decree 1/2007.
Professionals: They shall not be considered by consumers and users who, without becoming final recipients, acquire, store, use or consume goods or services, in order to integrate them into processes of production, processing, marketing, professional activity or delivery to third parties, so they do not benefit from the rights granted to consumers. Www.atlantic-kayak.com will not accept withdrawal refunds from companies.
Www.atlantic-kayak.com will only accept a minimum wear and tear of the product solely due to its test to make a decision on its final purchase without altering the conditions of the product at the time of delivery. In cases of abnormal use of the good, such return 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 manage returns or exchange of goods at the registered office of Galtecnology S.L.U.
Www.atlantic-kayak.com will not be responsible for returns on products handled by the customer, or those goods that are returned incomplete in both their main elements and accessories. The right of withdrawal shall not proceed outside the indicated period or on products subject to fluctuations in a market not controlled by Galtecnology S.L., or on perishable objects, objects that can be easily reproduced immediately or that by their nature cannot be returned. Nor will the withdrawal proceed on goods or orders that can be considered for their special characteristics as requested by the customer.
In cases of wear and tear or deterioration of the good for reasons that are not solely due to its proof to make a decision on its final acquisition, www.atlantic-kayak.com may agree with the customer the compensation corresponding and proportional to the deterioration.
The withdrawal refund of the following products will not be at any time possible:
All kinds of Software, console games, DVDs, Blu-ray, memories, computer components such as graphics, hard drives, CPUs and motherboards, payment DDTs whose seal/packaging has been damaged or opened.
For hygiene reasons all kinds of products related to personal care, health and hygiene.
All products that require direct contact with some parts of the body such as In-EAR Headphones, toothbrushes, hair straighteners or fitness & health products, whose packaging has been unsealed or the slightest signs of use are detected.
All types of Robotica/Radio Control with open packaging, which, by its nature of multiple parts, safety packaging and memories, cannot be returned.
All wind and harmonic instruments for hygiene reasons
Coffee makers with more tastings than are strictly necessary to make the decision (indicated by built-in meters).
All types of laptops and desktops that are not returned under the same delivery conditions. This implies that the system must be restored respecting the original partitions and programs. Hard drives must be free of other people's content.
All types of products that require a professional fixed installation and have been installed after purchase (bells, ovens, Car-HiFi).
Those fixed installation products (such as hoods, countertops, Car-Audio) require intense control by our parta to rule out tampering. The procedure for such products may take longer than usual.
Costumes whose packaging has been opened.
All kinds of products from the Toys/Modeling/Dollhouses ranges whose seal/packaging has been damaged or opened.
Books whose packaging or seal has been opened. Books with signs of deterioration or wear.
Important: Natural or legal persons acting in an area outside a business or professional activity shall be considered as consumers. Www.atlantic-kayak.com will not accept withdrawal refunds from companies or self-employed persons.
Instructions for shipping (return) of products:
The delivery of a possible return will not be managed directly in our facilities, but will be delivered to the carrier for shipment. We inform that, to avoid any incident, it is necessary that the smallest products (watches, jewelry, etc.) are protected by an additional external packaging - as you have received at home - and thus avoid any type of damage or handling of the original packaging of the product during transport. For larger products (bags, suitcases, etc.) external packaging is not essential protecting 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 purpose (corks, porexpan, bubble plastic, etc.) and avoiding any type of handling in it.
For any questions about the correct shipment of the products to Galtecnology S.L.U., please contact 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 Support Table Ticket Number) of Galtecnology,S.L.U. will be rejected.
We do not accept any shipment in due charge.
Keep your personal keys with due diligence.
Use faithfully the shopping service provided by Galtecnology, S.L.U. on its website www.atlantic-kayak.com refraining from manipulating the contents of its website, introducing denigrating content or interfering in its computer media through viruses or other prohibited behaviors in law.
Respect the purchase agreement once the order has been accepted, with the timely payment of the agreed price and refrain from carrying out abusive and anti-Jewish conduct in the contracting
Use the information published by Galtecnology S.L.U. Exclusively by the customer strictly within the intended personal business relationship.
Do not reproduce, alien or dispose of the information published by www.atlantic-kayak.com in all its contents without the express permission of the company itself.
IX.-Rights of Galtecnology S.L.U.
Keep, modify or suspend your website without prior notice.
Change the price of offers.
Reject orders for lack of stock or non-payment of the customer.
Refuse access to computer tools to customers in case of non-compliance with these conditions.
Collect the amount of the customer's purchases accepted by the transaction.
Reserve the domain and retain full ownership of the item until full payment by the customer.
Reserve the right to make sweepstakes of goods or services on its website.
Use the information published www.atlantic-kayak.com exclusively by the customer strictly within the intended personal business relationship.
Do not reproduce, alien or dispose of the information published by www.atlantic-kayak.com in all its contents without the 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 on the website) are the property of www.atlantic-kayak.com or wholesale companies and manufacturers of the products and services offered. They are therefore subject to intellectual and industrial property rights and protected by Spanish and international law.
Atlantic kayak is registered trademark.
Without the prior written authorization of Galtecnology S.L.U., or, where applicable, the wholesale company or the manufacturer of the product that owns the rights, it is not allowed to use, copy, distribute, reproduce, transmit, manipulate, as well as any use that exceeds a normal and necessary use for the visit of the page and the use of the services offered.
Access to the services provided does not imply by www.atlantic-kayak.com waiver, transmission or transfer in whole or in part of the rights derived from intellectual and industrial property, nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or public communication on these contents without the prior and express written authorization of the respective owners of such rights, without prejudice to the right of viewing and obtaining private backup of such content , provided that such right is exercised in accordance with the principles of good faith and provided that the intellectual and industrial property of the owner of such rights is kept unchanged, it is used for commercial purposes only for the user's personal information.
The liability arising from the use of materials protected by the intellectual and industrial property rights of third parties contained on this page unlawfully or that violates morality, honor or privacy and good faith, will correspond exclusively to the user, exempting in any case www.atlantic-kayak.com from any liability arising from such conduct.
Www.atlantic-kayak.com will not be interrupted by 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 will be observed at all times the current provisions on data protection, in particular, Organic Law 15/1999, of 13 December, on the Protection of Personal Data, and shall take the necessary measures to, in relation to such data, prevent its alteration, loss, treatment and unauthorized access and for its employees to observe such requirements, as well as the duty of secrecy over the data subject to the protection and other confidentiality obligations in force. It also 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 from its customers and includes it in a file that it owns and whose processing is exclusively intended for the purpose of managing the orders requested from the Company and responding to the queries that users may make. The entity responsible for the files is Galtecnology S.L.U.
The user must provide the personal data and circumstances necessary to sign up as a customer of the Company and formalize contracts of sale (first and last name or company name, ID/NIF, address, email address, telephone/fax number). Registration of this data is mandatory; failure to complete them by the user or the provision of incorrect data will make it impossible for the www.atlantic-kayak.com be able 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 can omit or stop communicating any personal data or circumstance that is not absolutely necessary for the discharge as a customer or formalization of the purchase. Www.atlantic-kayak.com may not allow third-party advertising companies to place ads 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 staff provided, to which the customer expressly consents; However, the customer may at any time choose to refuse to send such information by sending an email to this effect.
Likewise, the customer expressly consents Www.atlantic-kayak.com communicates such data to companies or banks for the management of the transport and collection of the order. Www.atlantic-kayak.com may also carry out other data communications provided for in the 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 transfers of data to non-E.U. countries, for which the customer expressly consents, all in accordance with the provisions of the law.
Rights of access, rectification, cancellation and opposition:
Galtecnology S.L.U, the entity that is the recipient of the data collected on this page, undertakes to respect and facilitate to the interested parties the exercise of the rights recognized by law and, in particular, the rights of access to data, rectification, data cancellation and opposition, if relevant. Such rights may be exercised by the user or, where appropriate, by the person representing him, by 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 security levels for the protection of personal data as provided by current legislation, and that it has established all the technical means at its disposal to prevent the loss, misuse, alteration, unauthorized access and theft of the data provided by users. All this without prejudice to the fact, which the user expressly accepts, that the security measures on the Internet are not impregnable.