Regulations of the Online Store
Marinoshps.es
Read the Store Regulations in force on Marinoshps.es By using the website, you agree to the rules governing the website.
ITEM 1
DEFINITIONS
The terms used in the Regulations mean:
1. Customer - a natural person, legal person or an organizational unit that is not a legal person, whose specific provisions grant legal capacity, who places an Order in the Store;
2. Consumer - pursuant to art. of the Civil Code means a natural person performing a legal transaction with an entrepreneur not directly related to his business or professional activity.
3. Civil Code
4. Regulations - these Regulations specifying the general conditions of sale and the rules for the provision of electronic services as part of the Marinoshps.es online store;
5. Online Store (Store) - a website available at https://marinoshps.es/, through which the Customer may, in particular, place Orders;
6. Goods - products presented in the Online Store;
7. Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between Marinoshps.es and the Customer, concluded using the Store's website;
8. Consumer Rights Act - government act
9. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
10. Order - Customer's declaration of will aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods
11. Dropshipping - a logistic model used in online sales consisting in transferring the process of shipping goods to the supplier. The role of the online store in this logistic model comes down to collecting orders and sending them to the supplier who sends the goods to the customer.
POINT 2
GENERAL PROVISIONS
1. These Regulations define the rules for using the online store available at https://marinoshps.es/.
2. These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
3. The Marinoshps.es online store, operating at https://marinoshps.es/, is run by PAULINA DANIELA TROJAN, AVD ZARAGOZA 6,2,1, 03130 Santa Pola- Alicante, NIF Y4301281L The business activity is registered in kept by the minister responsible for economy.
e-mail: shop@marinoshps.es, tel: (+34 632311800)
4. These Regulations specify in particular:
- rules for registering and using the account as part of the online store;
- terms and conditions for submitting Orders via electronic means as part of the online store;
- the rules for concluding Sales Agreements with the use of services provided as part of the Online Store.
5. Using the online store is possible provided that the IT system used by the Customer meets the following minimum technical requirements: a) access to electronic equipment connected to the public network (Internet), also via analog mobile telephony, b) having active e-mail, c) a web browser that allows displaying on the computer screen hypertext (HTML) documents connected in the Internet via a web service, Internet Explorer version 6.0 or newer with enabled Java applets or Mozilla Firefox version 2.0 or newer version with Java applet support enabled, or Opera version 9.0 or newer with Java applet support enabled, or Google Chrome version 2.0 or newer with Java applet support enabled, or Apple Safari version 3.0 or newer with Java applet support enabled, minimum resolution 1024 x 768 pixels screen.
6. In order to use the online store, the Customer should, on his own, gain access to a computer station or terminal device with Internet access.
7. In accordance with applicable law, Marinoshps.es reserves the right to limit the provision of services via the Online Store to persons over the age of 18. In this case, potential customers will be notified of the above.
8. Customers can access these Regulations at any time via the link on the home page of https://marinoshps.es and download it and print it out.
ITEM 3
RULES OF USING THE ONLINE STORE
1. Registration in the Online Store is optional. The customer may place an order without registering in the Store, after reading and accepting these Regulations.
Registration takes place by completing and accepting the registration form, available on one of the Store's websites
The condition for registration is to agree to the content of the Regulations and to provide personal data marked as mandatory.
Marinoshps.es may deprive the Customer of the right to use the Online Store, and may limit his access to some or all of the Online Store's resources, with immediate effect, in the event of a breach of the Regulations by the Customer, in particular when the Customer:
- during registration in the online store, he provided untrue, inaccurate or out-of-date data, misleading or infringing the rights of third parties,
- has infringed the personal rights of third parties via the online store, in particular the personal rights of other customers of the online store,
- engage in other behaviors that will be considered by Marinoshps.es as inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of Marinoshps.es.
A person who has been deprived of the right to use the online store may not re-register without the prior consent of Marinoshps.es
2.In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons. .
3. The customer is obliged in particular to:
- use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
- not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
- use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
- refraining from taking actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,
- using the Online Store in a way that is not inconvenient for other customers and for Marinoshps.es,
- use of any content contained in the Online Store only for personal use.
ITEM 4
PROCEDURE FOR CONCLUDING A SALES AGREEMENT
1. In order to conclude a Sales Agreement via the Online Store, go to the website https://marinoshps.es and select the Goods by taking further technical steps based on the messages displayed to the Customer and information available on the website.
2. The selection of the ordered Goods by the Customer is made by adding them to the basket.
3. When placing the Order - until the button confirming the Order placement is pressed - the Customer may modify the entered data and the selected Product. To do this, follow the displayed messages and information available on the website.
4. After the Customer using the Online Store has provided all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among others a description of the selected goods or services, the total price and all other costs.
5. In order to send the Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the button confirming the submission of the Order.
6. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of Art. of the Civil Code. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with Marinoshps.es, in accordance with the Regulations. After placing the Order, the Customer receives an e-mail containing all the essential elements of the Order. This e-mail only confirms receipt of the Order and does not constitute a declaration of will to conclude a contract. The contract is considered concluded with the moment the Customer receives a second e-mail message containing the final confirmation of all essential elements of the Order. This e-mail is a declaration of will confirming the acceptance of the Order and the conclusion of the Agreement with Marinoshps.es.
7. We sell some products on our website in the form of dropshipping - that is, we only mediate between the buyer and the distributor and we do not physically have the product. The product is sent directly from the dealer to the customer.
Marinoshps.es has the right to withdraw from the contract if it turns out that the product purchased by the customer is defective, damaged or the distributor has changed the price. In this case, Marinoshps.es will immediately refund the money to the buyer.
Marinoshps.es reserves the right to modify at any time and without prior notice the presentation and configuration of the Site and the Content and Services, to change the price, the quantity of products available or not. The User acknowledges and accepts that Marinoshps.es may interrupt, deactivate and/or cancel any elements integrated with or access to the Website at any time.
8. The sales contract is concluded in Spanish, English, Polish, with the content in accordance with the Regulations.
9. Customers can access these Regulations at any time via the link on the home page of https://marinoshps.es and download it and print it out.
Consolidation, security, disclosure and confirmation to the Customer of the essential provisions of the Contract for the sale of Goods takes place by sending the Customer to the e-mail address provided and by attaching to the shipment containing the Goods a printout of the confirmation, Order specification and VAT invoice.
EXCEPTIONAL CIRCUMSTANCES PREVENTING THE PROCESSING OF THE ORDER
We reserve the right to withdraw any Product from this site at any time and/or remove or modify any material or content on this site. Whilst we will do our best to fulfill all orders at all times, there may be exceptional circumstances which force us to reject an order, even after an Order Confirmation has been sent. There may be a stock error - missing product, damaged or defective product, missing product from our dealer supplier price change with our dealer supplier. In this case, Marinoshps.es will immediately refund the money to the buyer.
ITEM 5
DELIVERY
1. The delivery of the Goods is limited to Espana, Portugal,Italy,France,Belgia,Holand and takes place at the address provided by the Customer when placing the Order.
2. The delivery of the ordered Goods is carried out via:
- The courier company, the delivery time from the moment of posting is a maximum of 2-6 business days.
- Parcel lockers - the time of delivery from the moment of posting is a maximum of 3 -6 working days.
There is information about the time of delivery of the goods next to each product.
Additionally, it is possible to collect the ordered goods in person in our store.
Delivery costs depend on the purchased goods. If the order is divided into several parts, the delivery costs will increase depending on the ordered goods. We support courier delivery and delivery to a parcel locker. We do not charge any cash on delivery shipping fee. The final shipping costs will always be in your order summary.
3. The delivery date is indicated at the time of placing the order. We are not responsible for delivery delays beyond our control.
4. Damage to the Goods caused during delivery.
In the case of a distance consumer purchase, our Store always bears the risk of accidental damage or loss of goods during transport. If the goods are delivered with obvious damage caused during transport, we kindly ask you to report such a defect to the deliverer as soon as possible and contact us. A delay in submitting such a complaint or establishing contact does not have any consequences for your statutory claims and their satisfaction, in particular for your rights under the statutory warranty for defects (point VIII of the Regulations). Faster reporting of noticed damage caused during transport helps us in pursuing our own claims against the carrier or transport insurer.
In the case of a Customer who is not also a Consumer: the risk of accidental damage or loss of the Goods passes from the Online Store to the buyer at the time of entrusting the Goods to a carrier engaged in the transport of a given type of goods, or a person or courier designated by the buyer.
In the case of products out of stock, we say that they may be available for sale within 7-12 days, but only if they are on sale from our supplier-dealer (this does not constitute a commercial offer). with us about the possibility of purchasing such a product. We reserve the right to change the prices of products that we currently do not have in stock. We may import products that are not in stock/on our website, but only if they are available from our distributors/suppliers and we agree with the buyer/user on the terms of such an order, price and delivery time.
ITEM 6
PRICES AND PAYMENT METHODS
All prices on our website include VAT of 21%.
I ship to all of Spain and the Balearic Islands, Portugal, France, Italy, Belgium. I do not ship to the Canary Islands, Azory and others.
PAYMENT METHODS:
*** CREDIT OR DEBIT CARD ***: This payment method will be made through a secure Redsys gateway (Servired), no data entered will be saved or registered in any way.
***BIZUM*** This payment method will be made through a secure Redsys (Servired) gateway, have your mobile phone and password at hand, no data will be saved.
NEW***SAFE***
***PAYPAL***: This payment method can be used, the client can add both a debit or credit card and a bank account within the control panel of www.paypal.com
*** TRANSFER *** All the information necessary to carry out the transfer is reflected when placing the order. It is necessary to put the order number in the concept to facilitate the location of the payment. Facilitates the management of sending the receipt by email.
PRICE: The price of the products is the price quoted at any time on our website (including VAT), except for obvious errors. The order confirmation email contains a breakdown of the price, VAT and shipping costs. MARINOSHPS.ES reserves the right to change prices at any time due to, for example, a change in the supplier's/distributor's price, always taking into account the price quoted at the time of purchase.
We try to ensure that all prices on the site are correct, but errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order with the correct price or cancel it. If we are unable to contact you, the order will be considered canceled and the amounts paid will be refunded in full.
We are under no obligation to provide you with a product at an incorrectly lower price or other error on the website (even if we have sent you a shipping confirmation).
SHIPPING:
*** If the purchased product is available, we ship the same day Correos, SEUR, UPS, DHL, INPOST.*** We are not responsible for delivery delays beyond our control. We can import unavailable products, but only if they are available from our distributors. We reserve the right to change the carrier - the courier chosen by the buyer/user.
ITEM 7
THE RIGHT TO WITHDRAW FROM THE CONTRACT
Information on the exercise of the right to withdraw from the contract and a model withdrawal form
Consumers have a 14-day right to withdraw from the contract. This right also applies to natural persons concluding a contract directly related to their business activity, when the content of this contract shows that it is not of a professional nature for these persons within the meaning .
The right to withdraw from the contract
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last batch or piece.
To exercise the right to withdraw from the contract, you must inform us (PAULINA DANIELA TROJAN, AVD ZARAGOZA 6,2,1, 03130 Santa Pola- Alicante, shop@marinoshps.es, telephone: 632311800) about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail). You can use the model withdrawal form, but it is not obligatory.
To keep the deadline for withdrawing from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
Consequences of withdrawal from the contract
In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement. We may withhold the reimbursement until we receive the item or until proof of its return is provided to us, whichever occurs first.
Please send back or hand over the item to us immediately, and in any case not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.
The right to withdraw from a distance contract does not apply to:
Agreements where the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs.
Returns will not be accepted in the following cases: the product is in poor condition the product is incomplete, accessories are missing, or it is tampered with and/or damaged accessories or manuals or other documentation are missing the period set for this purpose has expired, the proof of purchase or invoice
The same exceptions to the right of withdrawal apply to our return policy. The following products are not returnable, except defective products:
• Footwear.• Electrical goods.• Custom-made• Anodes, anchors, chains,• Obsolete or discontinued articles.
• Thrusters, pneumatics, paddle surfing boards and Parsun engines.• Oils, paints, greases, liquids, including all cleaning and maintenance products in general.
The return of those products that are not in the same conditions in which you received them, or that have been used beyond the mere opening of the product, will not proceed.
The return transport costs will be borne by the buyer, except in the case that the product is defective, or has arrived in poor condition due to damage suffered during transport.
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
- Addressee of PAULINA DANIELA TROJAN, AVD ZARAGOZA 6,2,1, 03130 Santa Pola- Alicante, - I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*)
contract for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for the provision of the following service (*)
- Date of conclusion of the contract (*) / receipt (*)
- Name and surname of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if the form is sent in paper version)
- Date
(*) Delete as appropriate.
ITEM 8
COMPLAINTS ABOUT GOODS
Applies to the Customer who is a Consumer:
We are obliged to deliver goods free from defects. The statutory liability law for defects in the sold item (warranty for defects) applies to the extent specified in art. 556 and art. 556[1]-556[3]and subsequent Civil Code.
Complaints may be submitted:
- in writing to the following address:PAULINA DANIELA TROJAN, AVD ZARAGOZA 6,2,1, 03130 Santa Pola- Alicante, via e-mail to the following address: shop@marinoshps.es ,.
- or using the contact form available on the Store's website.
In the case of exercising the rights under the warranty - if we deem it necessary to consider the complaint, you are obliged to deliver the defective goods at our expense to the above-mentioned postal address. If, due to the type of goods or the method of their installation, the delivery of the goods would be excessively difficult, you are obliged to make them available to us at the place where they are located. We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission.
We are responsible under the warranty if a physical defect is found within two years from the date of delivery of the goods to you. In the event that the subject of sale is a used movable item, the liability under the warranty is one year from the date of its release.
In the submitted complaint, it is recommended to (1) provide information on the subject of the complaint, in particular the type and date of the defect; (2) specification of a request regarding the method of removing the defect (replacement of the goods with a new one, repair of the goods, price reduction, withdrawal from the contract - if the defect is significant); and (3) providing the contact details of the person submitting the complaint - this will facilitate and speed up the consideration of the complaint by the Store. The recommendations set out in the preceding sentence are only non-binding guidelines and do not in any way affect the effectiveness of complaints submitted without providing the recommended information.
Applies to a Customer who is not also a Consumer:
In the case of a Sales Agreement concluded with a Customer who is not also a Consumer, pursuant to art. 558 § 1 of the Civil Code, the Online Store's liability under the warranty for defects in the Goods is excluded. This exclusion is ineffective if we insidiously conceal the defect.
ITEM 9
ADDITIONAL WARRANTIES ON SALE OF GOODS IN THE STORE
Products offered at www.MARINOSHPS.ES have the guarantee indicated by the manufacturer. Certain parts or products may have a longer warranty period depending on the manufacturer, in which case it will be indicated in the product characteristics.
Marinoshps.es spare parts are guaranteed against defects in material or manufacturing for a period of:
1 or 2 years from the date of purchase for NEW products.
6 months for the REBUILT.
Products used for commercial, rental or professional use are warranted for a period of 90 days.
In any case, it will be essential to present the purchase invoice.
The installer will be responsible for verifying the correct installation of the manufacturer's recommendations. Our liability in connection with any Product purchased on our website shall be strictly limited to the purchase price of such Product.
MARINOSHPS.ES does not cover the warranty and is exempt from any installation errors that may be caused by the dealer, technical service, mechanic, poor installation, use of incorrect consumables or the end customer. This warranty applies only to manufacturing defects of the product and excludes the following cases:
- modification, disassembly of parts
- settings
- normal clothing
- damage caused by an accident
- faulty installation or incorrect operation
- misuse, neglect
- no maintenance
- using any accessories or parts that are not sold by marinoshps.es, mercury, volvo penta, yamaha
- operation with petrol, oils or greases unsuitable for this type of products (not recommended).
The warranty liability of MARINOSHPS.ES will be canceled if the part is damaged by:
- flood
- fire
- storm
- any other natural weather element
- when the model number or other identifier has been changed, modified or removed.
- flooding with water, e.g. inoperative bilge pumps - acts of vandalism
MARINOSHPS.ES is not responsible for any fees due to a malfunctioning part or manufacturer's manufacturing defect for:
- Work
- mechanic service
- fuel
- crane or ramp services
- towed
- balance
- other indirect expenses that result from a failure of the product, from a defect in the product or from a justified delay in removing such a defect.
- loss of income due to the inability to use the boat
These items are not covered by the warranty.
Marinoshps.es is not a producer of the Goods and does not provide any additional warranty for the products it sells. The manufacturer may be liable under the warranty for the sold Goods on the terms and for the period indicated in the warranty card. If the warranty document provides for such a possibility, the customer may also submit his claims under the warranty directly to the authorized service whose address is included in the warranty card. The warranty does not exclude, limit or suspend the Customer's rights under the provisions on the warranty for defects in the sold item.
ITEM 10
COMPLAINTS REGARDING THE PROVISION OF ELECTRONIC SERVICES
1. Marinoshps.es takes steps to ensure that the Online Store functions properly, to the extent that it results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.
2. The customer may notify us of any irregularities or interruptions in the functioning of the Online Store website. Please report any irregularities related to the functioning of the Store by e-mail to the following address: shop@marinoshps.es
3. In a complaint regarding irregularities related to the functioning of the Online Store website, please indicate the type and date of the irregularity.
4. We undertake to respond to the complaint immediately, not later than within 14 days from the date of its submission.
ITEM 11
EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS
1. Please be advised that there are possibilities of using out-of-court complaint and redress procedures. Their use is voluntary and may only take place if both parties to the dispute agree to it.
- The consumer may request the initiation of proceedings for the out-of-court resolution of consumer disputes regarding the concluded Sales Agreement to the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended).
- The consumer may also apply for a dispute regarding the concluded Sales Agreement to be examined by a permanent arbitration court operating at the appropriate voivodeship inspectorate of the Trade Inspection, in accordance with art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended).
- The European Commission also provides a platform for online dispute resolution between Consumers and Entrepreneurs (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
2. Detailed information on the settlement of consumer disputes, including the possibility for the Consumer to use extrajudicial means of dealing with complaints, redress and the rules of access to these procedures are available at the offices and on the websites of the provincial inspectorates of the Trade Inspection and at the Internet address:
ITEM 12
FINAL PROVISIONS
1. The court competent to settle disputes with Consumers is the court having jurisdiction over the applicable provisions of the Code of Civil Procedure.
2. Settlement of any disputes arising between Marinoshps.es and the Customer who is not a Consumer shall be submitted to the court having jurisdiction over our seat.
3. APPLICABLE LAW AND JURISDICTION Access to and use of this Site and contracts for the purchase of products through it are governed by Spanish law. Any problems or misunderstandings that arise or are related to the access, navigation and/or use of the Website, or the interpretation and execution of these Terms and Conditions or the sales contracts between Marinoshps.es and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
4. In the event of a dispute arising in connection with the conclusion of a purchase contract between Marinoshps.es and the User/buyer, the User as a consumer may ask for out-of-court settlement of the dispute, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council. , of 21 May 2013, on online dispute resolution for consumer disputes, amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. Can be accessed via the following website: https://ec.europa.eu/consumers/odr/.
