Online Store Regulations
marinoshps.es
Please read the current Store Rules on Marinoshps.es By using the website, you agree to the rules governing the website.
ARTICLE 1
DEFINITIONS
The terms used in the Regulation mean:
1. Customer - a natural person, legal person or an organizational unit that is not a legal entity, specific provisions of which grant legal capacity, placing an Order in the Store;
2. Consumer - in accordance with Art. of the Civil Code means a natural person who enters into a legal transaction with an entrepreneur that is not directly related to his entrepreneurial 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 can, 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. Law on the Provision of Electronic Services - the Law of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, Article 1204, as amended);
10. Order - Declaration of intent of the Customer directly aiming at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods
11. Dropshipping: logistics model used in online sales that involves transferring the process of shipping goods to the supplier. The role of the online store in this logistics model is reduced 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. This Regulation is provided for in Article 8 of the Law on the provision of electronic services.
3. The Marinoshps.es online store, operating at https://marinoshps.es/, is managed by MarinosHPS, AVDA. Escandinavia 2, 1, 3, 03130 Santa Pola (Alicante), NIF Y4301281L The business activity is registered by the minister responsible for the economy.
Email: shop@marinoshps.es, tel: (+34) 618514058)
4. This Regulation specifies in particular:
- rules for registering and using the account as part of the online store;
- terms and conditions for sending Orders by 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. Use of the online store is possible provided that the computer system used by the Customer meets the following minimum technical requirements: a) access to electronic equipment connected to the public network (Internet), also via analogue mobile telephony, b) having active e-mail, c) a web browser that allows displaying on the computer screen hypertext documents (HTML) connected to the Internet via a web service, Internet Explorer version 6.0 or newer with Java applets enabled or Mozilla Firefox version 2.0 or newer 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 screen resolution of 1024 x 768 pixels.
ARTICLE 3
RULES OF USE OF THE ONLINE STORE
1. Registration in the Online Store is optional. The customer may place an order without registering in the Store, after having read and accepted these Regulations.
Registration is done by completing and accepting the registration form, available on one of the Store's websites.
The condition for registration is to agree with the content of the Regulation and to provide the personal data marked as mandatory.
Marinoshps.es may deprive the Client of the right to use the Online Store, and may limit the Client's access to some or all of the Online Store's resources, with immediate effect, in the event of non-compliance with the Regulations by the Client, in particular when the Client:
- during registration in the online store, you provided false, inaccurate or outdated data, thereby misleading or violating the rights of third parties,
- you have violated the personal rights of third parties through the online store, in particular the personal rights of other customers of the online store,
- engage in other conduct that will be considered by Marinoshps.es as contrary to applicable legislation or the general principles of Internet use or harmful to the good name of Marinoshps.es.
A person who has been deprived of the right to use the online store may not register again without the prior consent of Marinoshps.es
2. In order to ensure the security of the transmission of messages and data in relation to 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 Internet use.
- not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or infringes personal rights and other rights of third parties,
- use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
- refrain from performing actions such as: sending or publishing unsolicited commercial information (spam) as part of the Online Store,
- use the Online Store in a way that does not cause inconvenience to other customers or to Marinoshps.es,
- use of any content included in the Online Store for personal use only.
ARTICLE 4
PROCEDURE FOR ENTERING INTO A SALES AGREEMENT
1. To conclude a Sales Agreement through the Online Store, go to the website https://marinoshps.es/en/ and select the Goods by taking additional technical measures based on the messages displayed to the Customer and the information available on the website.
2. The selection of the Products requested by the Customer is done by adding them to the basket.
3. When placing the Order - until the confirmation button for placing the Order is pressed - the Customer may modify the data entered and the Product selected. To do so, follow the messages displayed and the information available on the website.
4. After the Customer using the Online Store has provided all the necessary data, a summary of the Order placed will be displayed. The summary of the Order placed will include, among others, a description of the selected goods or services, the total price and all other costs.
5. To send the Order, you must accept the content of the Regulations, provide the personal data marked as mandatory and press the button to confirm sending the Order.
6. The information about the Products provided on the Store's websites, in particular their descriptions, technical and performance parameters and prices, constitutes an invitation to conclude a contract, within the meaning of art. of the Civil Code. The sending of the Order by the Customer is a declaration of will to conclude a Sales Agreement with Marinoshps.es, in accordance with the Regulation. After placing the Order, the Customer receives an email containing all the essential elements of the Order. This email only confirms receipt of the Order and does not constitute a declaration of will to conclude a contract. The contract is considered concluded at the moment when the Customer receives a second email message containing the final confirmation of all the essential elements of the Order. This email 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 act as intermediaries between the buyer and the distributor and we do not physically have the product. The product is sent directly from the distributor 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 modified 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 Contents and Services, 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 of the integrated elements or access to the Website at any time.
8. The sales contract is concluded in Polish, with the content in accordance with the Regulation.
9. Customers can access these Regulations at any time via the link on the home page of https://marinoshps.es/es/ and download and print them.
The consolidation, security, disclosure and confirmation to the Customer of the essential provisions of the Contract for the sale of Goods is carried out by sending to the Customer to the email address provided and attaching to the shipment containing the Goods a printed copy of the confirmation, Order Specification and invoice with VAT.
EXCEPTIONAL CIRCUMSTANCES THAT PREVENT THE PROCESSING OF THE ORDER
We reserve the right to withdraw any Product from this site at any time and/or remove or amend any material or content on this site. Whilst we will make every effort to fulfil all orders at all times, there may be exceptional circumstances which require us to decline an order, even after an Order Confirmation has been sent. There may be a stock error - missing product, damaged or faulty product, missing product from our distributor supplier or price change with our distributor supplier. In this case Marinoshps.es will immediately refund the money to the buyer.
ARTICLE 5
DELIVERY
1. Delivery of the Goods is limited to Spain, Portugal, France, Italy, Belgium, Holland and is made to the address provided by the Customer when placing the Order.
2. The delivery of the ordered Products is carried out through:
- For the courier company, the delivery time from the time of shipment is a maximum of 2-6 business days.
- Parcel lockers - delivery time from the time of shipment is a maximum of 2-6 business days.
There is information about the delivery time of the merchandise next to each product.
In addition, it is possible to pick up the ordered products personally in our store.
Shipping costs depend on the products purchased. If the order is divided into several parts, the shipping costs will increase depending on the goods ordered. We take care of delivery by courier and delivery to a parcel locker. We do not charge any shipping fees for cash on delivery. The final shipping costs will always be in your order summary.
3. The delivery date is indicated at the time of placing the order.
4. Damage to the Merchandise caused during delivery.
In the case of a consumer purchase from a distance, our Store always runs the risk of accidental damage or loss of goods during transport. If the goods are delivered with obvious damage caused during transport, we ask you to report such a defect to the carrier as soon as possible and contact us. A delay in making such a complaint or establishing contact has no consequences for your legal claims and your satisfaction, in particular for your rights under the statutory warranty for defects (point VIII of the Regulations). The faster notification of observed damage caused during transport helps us to make 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 particular type of goods, or a person or courier designated by the buyer.
In the case of out-of-stock products, we state that they may be available for sale within 7-12 days, but only if they are on sale from our supplier-distributor (this does not constitute a commercial offer). Please contact us about the possibility of purchasing such a product. We reserve the right to change prices for products that we do not currently 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.
ARTICLE 6
PRICES AND PAYMENT METHODS
All prices on our website include 21% VAT.
Shipping to all of Spain and the Balearic Islands, Portugal, France, Italy, Belgium. I do not ship to the Canary Islands, Azoreans 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 recorded in any way.
*** BIZUM *** This payment method will be made through a secure Redsys (Servired) gateway. Have your mobile phone and password on hand, no data will be saved.
NEW***SEQURA ***
*** 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 data required to make the transfer are reflected when placing the order. It is necessary to include the order number in the concept to facilitate the location of the payment. Sending the receipt by email makes the process easier.
PRICE:
The price of the products is the one quoted at any given time on our website (VAT included), except for obvious errors. The order confirmation email contains a breakdown of the price, VAT and shipping costs. MARINOSHPS.ES reserves the right to modify prices at any time due, for example, to a change in the supplier/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 products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be deemed to be cancelled and any amounts paid will be refunded in full.
We are under no obligation to provide you with a product at an incorrect lower price or other error on the website (even if we have sent you a shipping confirmation).
SHIPMENT:
***If the purchased product is available, we ship the same day via Correos, SEUR, UPS, DHL, INPOST.*** We are not responsible for delays in delivery beyond our control. We can import unavailable products, but only if they are available through our distributors. We reserve the right to change the carrier - the courier chosen by the buyer/user.
ARTICLE 7
THE RIGHT TO WITHDRAW FROM THE CONTRACT
Information on exercising the right to withdraw from the contract and model withdrawal form
Consumers have a 14-day right to withdraw from the contract. This right also applies to natural persons who conclude a contract directly related to their commercial activity, when the content of this contract shows that it does not have a professional nature for these persons within the meaning of Art. 556 (4) of the Civil Code. Other entrepreneurs do not have the right to withdraw from the contract.
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 14 days after the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the last lot or item.
To exercise the right to withdraw from the contract, you must inform us (MarinosHPS, AVDA. Escandinavia 2, 1, 3, 03130 Santa Pola (Alicante), shop@marinoshps.es, (+34) 618514058) of your decision to withdraw from this contract by means of an unequivocal statement (for example, a letter sent by post, fax or email). You may use the model withdrawal form, but it is not obligatory.
In order to maintain the withdrawal period, it is sufficient for you to send the information regarding the exercise of your right of withdrawal from the contract before the withdrawal deadline from the contract.
Consequences of terminating the contract
If you cancel this contract, we will refund all payments received from you, including the costs of delivery of the products. The costs of returning the purchased product are borne by the buyer. Upon receipt of the product, the costs associated with the purchase will be covered. refund using the same payment methods that you used for the original transaction, unless you have expressly agreed to an alternative; We may withhold reimbursement until we receive the products or proof that they have been returned, whichever is the earliest.
Please return or hand over the goods to us immediately and in any event 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 return the item before the 14-day period has expired. You will have to bear the direct costs of returning the goods.
You are only liable for any reduction in the value of the items resulting from using them in a manner other than that which was necessary to establish the nature, characteristics and functioning of the items.
The right to withdraw from a distance contract does not apply to:
Contracts in which the object of the service is a non-prefabricated item, manufactured according to the consumer's specifications or which serves to satisfy his or her individual needs.
Returns will not be accepted in the following cases: the product is in poor condition, the product is incomplete, is missing accessories, or is manipulated and/or damaged, accessories or manuals or other documentation are missing, the deadline set for this purpose has expired, the proof of purchase or invoice has not been presented
The same exceptions to the right of withdrawal apply to our returns policy. The following products are not returnable, except for 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.
No return will be made for products that are not in the same condition in which you received them, or that have been used beyond the mere opening of the product.
The costs of return transport 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 must be completed and returned only if you wish to terminate the contract)
- Recipient of MarinosHPS, AVDA. Escandinavia 2, 1, 3, 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 elements (*) Contract for specific works consisting of the execution of the following elements (*) / for the provision of the following service (*)
- Date of 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.
ARTICLE 8
COMPLAINTS ABOUT GOODS
It applies to the Client who is a Consumer:
We are obliged to deliver goods free of defects. The law on legal liability 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 can be filed:
- in writing to the following address: MarinosHPS, AVDA. Escandinavia 2, 1, 3, 03130 Santa Pola (Alicante), - via e-mail to the following address: shop@marinoshps.es.
- or by using the contact form available on the Store's website.
In the event of exercising warranty rights - if we deem it necessary to consider the claim, 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, at the latest within 14 days from the date of its submission.
We are liable under warranty if a physical defect is found within two years from the date of delivery of the goods. In case the object of sale is a used movable item, the liability under 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) specify a request on the method of eliminating the defect (replacement of the goods with a new one, repair of the goods, price reduction, termination of the contract, if the defect is significant); and (3) provide contact details of the person filing the complaint - this will facilitate and speed up the consideration of the complaint by the Store. The recommendations set out in the previous sentence are only non-binding guidelines and in no way affect the effectiveness of complaints filed 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 warranty for defects in the Goods is excluded. This exclusion is ineffective if we insidiously conceal the defect.
ARTICLE 9
ADDITIONAL WARRANTIES ON THE SALE OF GOODS IN THE STORE
The products offered on www.MARINOSHPS.ES have the warranty 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 material or manufacturing defects for a period of:
1 or 2 years from the date of purchase for NEW products.
6 months for the REBUILD.
Products used for commercial, rental or professional use are guaranteed for a period of 90 days.
In any case, it will be essential to present the purchase invoice.
The installer shall be responsible for verifying the correct installation of the manufacturer's recommendations. Our liability in relation to any Product purchased from our website shall be strictly limited to the purchase price of that Product.
MARINOSHPS.ES does not cover the warranty and is exempt from any installation error that may be caused by the distributor, 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 clothes
- damage caused by an accident
- faulty installation or incorrect operation
- misuse, negligence
- maintenance free
- use any accessory or part not sold by marinoshps.es, mercury, volvo penta, yamaha
- operation with gasoline, oils or greases not suitable for this type of product (not recommended).
The warranty liability of MARINOSHPS.ES will be voided if the part is damaged by:
- flood
- fire
- storm
- any other natural meteorological 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 fees due to a defective part or manufacturing defect of the manufacturer for:
- Work
- mechanical service
- fuel
- crane or ramp services
- towed
- balance
- other indirect costs resulting from a product failure, a defect in the product or a justified delay in eliminating such a defect.
- loss of income due to inability to use the boat
These items are not covered under warranty.
Marinoshps.es is not a producer of the Goods and does not provide any additional warranty for the goods it sells. The manufacturer may be liable under warranty for the Goods sold 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 of the warranty for defects in the item sold.
ARTICLE 10
COMPLAINTS ABOUT THE PROVISION OF ELECTRONIC SERVICES
1. Marinoshps.es takes measures to ensure that the Online Store functions correctly, to the extent resulting from current technical knowledge and undertakes to eliminate any irregularities reported by customers within a reasonable time.
2. The customer may notify us of any irregularities or interruptions in the operation of the Online Store website. Please report any irregularities related to the operation of the Store by email to the following address: shop@marinoshps.es
3. In a complaint about irregularities related to the operation of the Online Store website, indicate the type and date of the irregularity.
4. We undertake to respond to the complaint immediately, at the latest within 14 days from the date of its submission.
ARTICLE 11
EXTRAJUDICIAL COMPLAINT RESOLUTION METHODS AND CLAIMS PROCESS
1. Please note that there are possibilities to use out-of-court claims and redress procedures. Their use is voluntary and can only take place if both parties to the dispute agree to it.
- The consumer may request the Commercial Inspectorate to initiate a procedure for the extrajudicial resolution of consumer conflicts in relation to the signed Sales Contract, in accordance with art. 36 of the Law of 15 December 2000 on Commercial Inspection (Revista de Leyes de 2001, N° 4, paragraph 25, amended).
- The consumer may also request that a dispute related to the concluded Sales Agreement be considered by a permanent arbitration court operating in the corresponding voivodeship inspectorate of the Trade Inspection, in accordance with Art. 37 of the Act of 15 December 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. In the offices and on the websites of the provincial inspections of the Commercial Inspection and at the following Internet address:
ARTICLE 12
FINAL PROVISIONS
1. The court competent to resolve disputes with Consumers is the court that is aware of the applicable provisions of the Code of Civil Procedure.
2. The resolution of any dispute arising between Marinoshps.es and the Client who is not a Consumer will be submitted to the court of our headquarters.
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 problem or misunderstanding arising from or related to access, navigation and/or use of the Website, or with the interpretation and execution of these Terms and Conditions or the sales contracts between Marinoshps.es and the User, shall 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 sales contract between Marinoshps.es and the User/buyer, the User as a consumer may request an out-of-court resolution 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 matters, amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. It can be accessed through the following website: https://ec.europa.eu/consumers/odr/.