GENERAL CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website www.divedistributions.com, (hereinafter Website) is held by: DIVE DISTRIBUTIONS, SAS, provided with SIRET: 833868722 and registered in: Perpignan Commercial Registry and whose contact details are:
Address: 11 Rue Maurice De Broglie 66330 Cabestany -France
Contact telephone: +33 (0)468927869
Contact email: email@example.com
This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (www.divedistributions.com) 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 of commercialization and distribution of material carried out through the Website includes:
Marketing and distribution of recreational diving and technical diving material, accessories, accessories and spare parts of major brands that authorize us to do this and act as distributors.
Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those in force at the time the purchase of products and/or services are requested will be applicable.
For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which reason, from the moment the navigation on the Website begins, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes his responsibility for the correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make legally valid inquiries and purchases or acquisitions.
- Do not make any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be annulled and the relevant authorities reported.
- Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The User may formalize, at his choice, with the Dive Distributions SAS the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of www.divedistributions.com, during which several products can be selected and added to the cart, basket or final purchase space and, finally, click on: “Place order”.
Likewise, the User must fill in and/or verify the information that is requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that the diving equipment store has received their order or purchase request and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where appropriate, through their personal connection space to the Website. Likewise, the User can, if he wishes, obtain a copy of his paper invoice, requesting it from a Dive Distributions SAS using the contact spaces on the Website or through the contact information provided above.
The User acknowledges that he is 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, its image on its page. of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or o cost of services; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, Dive Distributions SAS is not the manufacturer of the products sold or that could be marketed on the Website. Although the Dive Distributions SAS makes great efforts so that the information shown on the Website is correct, sometimes the packaging and/or the materials and/or the components of the products may contain additional or different information from that which appears on the Site. Web. Therefore, the User must not only consider the information provided by the Website, but also the information available on the label, warnings and/or instructions that accompany the product.
All purchase orders received by through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects their supply and/or the provision of services. If there are difficulties regarding the supply of products or there are no products left in stock, the Dive Distributions SAS undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes unrealizable.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless by legal requirement, especially in relation to VAT, a different matter is indicated and applied.
Shipping costs are included in the final purchase prices as shown on the Website. Likewise, delivery and/or shipping services are carried out through: DPD France SAS and/or another service provider if necessary, depending on the destination of the shipment.
In no case will the Website add additional costs to the price of a product or a service automatically, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible 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.
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, the Dive Distributions SAS will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
Once Dive Distributions SAS receives the purchase order from the User through the Website, the charge will be made at the time the shipping confirmation is sent to the User.
In any case, by clicking on “Make order” the User confirms that the payment method used is his.
The purchase or acquisition orders in which the User selects the bank transfer as a means of payment, will be reserved for 5 calendar days from the confirmation of the order in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by the Dive Distributions SAS for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, the Dive Distributions SAS will not be able to validate the order, which will be cancelled.
In the cases in which the physical delivery of the contracted good is appropriate, deliveries will be made within the following territory: France, European Union and Rest of Europe.
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization 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 30 calendar days from the date of order confirmation.
If for any reason, attributable to it, the Dive Distributions SAS could not meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to go ahead with the purchase by establishing 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 and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he must contact the Dive Distributions SAS to arrange delivery on another day.
In the event that 30 days elapse since your order is available for delivery, and it has not been delivered for reasons not attributable to Dive Distributions SAS, it will be understood that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for additional expenses resulting from the User’s own choice of a different delivery method than the least expensive ordinary delivery method 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 considered 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.
For the purposes of these Conditions, it will be understood that the 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 will be accredited by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Dive Distributionts SAS receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after the full receipt of the amount to be paid by the www.divedistributions.com.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.
In this sense, and in accordance with Chapter I of Title V of Directive 2006/112 of the Council of November 28, 2006 on the common VAT system, purchase orders will be located for delivery and/or provision , in that Member State of the European Union in which the address that appears in the purchase order is located and, therefore, the applicable VAT will be the one in force in said Member State.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these could be borne by them.
For the rest of the locations, different from the previous ones, where the purchase orders will be located, for their delivery and/or provision, the regulations in force at all times will be applied; The User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with current regulations at destination, and that these could be borne by him. For more information, the User must go to the customs office at the destination.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he detects that an error has occurred when entering the necessary data to process his purchase request on the Website, he may modify them by contacting the Dive Distributionts SAS through the spaces of contact information enabled on the Website, and, where appropriate, through those authorized to contact customer service, and/or using the contact information provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal connection space to the Website.
In any case, the User, before clicking on “Make order”, has access to the space, cart, or basket where their purchase requests are recorded and can make changes.
In the cases in which the User acquires products on or through the owner’s Website, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by the latter, other than the carrier, acquired material possession of the goods purchased on the website of www.divedistributions.com or in the event that the goods that that make up your order are delivered separately, within 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case in the case of a service contract, 14 calendar days from the day the contract was entered into.
To exercise this right of withdrawal, the User must notify the Dive Distributions, SAS of his decision. He may do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that the Dive Distributions, SAS makes available as an annex to these Conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, the Dive Distributions, SAS will reimburse the User for 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 the Dive Distributions, SAS is informed of the decision to withdraw by the User.
Dive Distributions, SAS will reimburse the User using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Dive Distributions, SAS could withhold said reimbursement until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.
The User can return or send the products to a Dive Distributions, SAS at: 11 Rue Maurice De Broglie 66330 Cabestany -France
And you must do so without undue delay and, in any case, no later than 14 calendar days from the date on which Dive Distributions, SAS was informed of the withdrawal decision.
The User acknowledges knowing that he must assume the direct cost of return (transportation, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since 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 acknowledgment on their part that they are aware that, once the contract has been fully executed by the diving equipment store, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond its mere opening, 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, the instructions and other documents that accompany them, in addition to a copy of the purchase invoice.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they should contact Dive Distributions , SAS immediately and let you know of the existing disagreement (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed 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, if the refund or, where appropriate, the replacement of the same is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the nonconforming item is appropriate.
The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times for the User, as a consumer and user, will always apply.
The User, as a consumer and user, enjoys guarantees on the products that he can acquire through this Website, in the legally established terms for each type of product, responding therefore to the dive material store, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Dive Distributions, SAS and have the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily used; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products that are marketed on the Website could present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.
9. EXEMPTION OF LIABILITY
Unless otherwise provided by law, Dive Distributions, SAS will not accept any responsibility for the following losses, regardless of their origin:
- any losses that were not attributable to any default on your part;
- business losses (including lost profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
- any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.
Similarly, Dive Distributions, SAS also limits its liability in the following cases:
- Dive Distributions, SAS applies all the measures related to providing a faithful visualization of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or browser problems that may occur. use or others of this nature.
- Dive Distributions, SAS will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, highway retentions, and in general any other typical of the sector, which derive in delays, losses or theft of the product.
- Technical failures that, due to fortuitous causes or of another nature, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Dive Distributions, SAS puts all the means at its disposal in order to carry out the process of purchase, payment and shipment / delivery of the products, however, it is exempt from responsibility for causes that are not attributable to it, acts of God or force majeure.
- Dive Distributions, SAS will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Dive Distributions, SAS will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
- In general, Dive Distributions, SAS will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force major, and this may include, by way of example but not exhaustive:
- Strikes, lockouts or other protest measures.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and the diving material store will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Dive Distributions, SAS will use all reasonable means to find a solution that allows you to comply with your obligations despite the force majeure event.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, the User accepts that most of the communications with Dive Distributions, SAS are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Dive Distributions, SAS sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with Dive Distributions, SAS through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, the diving equipment store may contact and/or notify the User by email or at the postal address provided.
No waiver by Dive Distributions, SAS of a specific legal right or action or the lack of a requirement by Dive Distributions, SAS for strict compliance by the User with any of its obligations will mean, nor a waiver of other rights or actions derived from a contract or from the Conditions, nor will it exonerate the User from compliance with their obligations.
No waiver of Dive Distributions, SAS to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and Dive Distributions, SAS in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parts.
The User and Dive Distributions, SAS acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Dive Distributions, SAS and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send his complaints, claims or any other comment he wishes to make to Dive Distributions, SAS through the contact information provided at the beginning of these Conditions (General Information).
In addition, Dive Distributions, SAS has official claim forms available to consumers and users, and that they can request from Dive Distributions, SAS at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between Dive Distributions, SAS and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in consumer matters and by which Regulation (EC) 2006/2004 and Directive 2009/22/EC are modified. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.