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LOGO BLUESEANAUTIC - ALQUILER DE MOTOS DE AGUA EN VALENCIA

Terms and Conditions

Terms and Conditions

Introduction
This contractual document will govern the General Conditions for contracting products or services (hereinafter, “Conditions”) through the website www.blueseanautic.com, owned by BLUESEANAUTIC VALENCIA, S.L., hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this website.

These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.

Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

  • The acceptance of this document implies that the USER:
  • You have read, understand and comprehend the above.
  • Is a person with sufficient capacity to contract. Assumes all obligations set forth herein.

These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website.

The PROVIDER informs that the merchant is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.

Identity of the contracting parties
On the one hand, the PROVIDER of the products or services contracted by the USER is BLUESEANAUTIC VALENCIA, S.L., with registered office at Plaza del Ayuntamiento, 26 – 46002 Valencia (Valencia), VAT number B97605000 and with customer/USER service telephone number 685099910.

On the other hand, the USER, registered on the website by means of a username and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Purpose of the contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.

The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.

Contracting procedure
The USER, in order to access the products or services offered by the PROVIDER, must be of legal age and register through the website by creating a user account.Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR), on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the Organic Law 3/2018, of December 5 (LOPDGDD), on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER shall select a user name and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or possible access by an unauthorized third party, so that the PROVIDER may proceed to block them immediately.

Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

  1. General contracting clauses.
  2. Activation of services.
  3. Right of withdrawal.
  4. Claims.
  5. Force majeure.
  6. Competition.
  7. General information about the offer.
  8. Price and term of validity of the offer.
  9. Transportation costs.
  10. Method of payment, expenses and discounts.
  11. Purchase process.
  12. Applicable warranties.
  13. Warranties and returns.
  14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING TERMS
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall constitute acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATION OF SERVICES
The PROVIDER will not send any order or activate any service until it has verified that payment has been made.

As the order does not entail the physical delivery of any product, being the contracted services downloaded or activated directly from the website, the PROVIDER will previously inform the USER regarding the procedure to be followed to perform this download or activation.

Failure to execute the contract at a distance
The delivery dates or deadlines shall be understood to be approximate, the delay not constituting an essential breach. In the event that the PROVIDER has not delivered the service, 30 days after the agreed delivery date, due to lack of availability of the product or service, the USER shall be informed and shall be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

In case of unjustified delay on the part of the PROVIDER with respect to the reimbursement of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for damages suffered in excess of such amount.

In the case of the provision of a service, it will be available from the moment the user has paid for it and may be downloaded or activated according to the PROVIDER’s conditions.

The PROVIDER shall not assume any responsibility when the download or activation of the service does not take place, due to false, inaccurate or incomplete data provided by the USER.

The provision of the service shall be deemed to have taken place at the moment the USER has downloaded or activated the service.

3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to make the return and / or claim the possible defects or defects in the product or service, both online and offline.

The USER has a period of fourteen calendar days, counted from the date of the download or activation of the service, to return the service (Article 71 of Law 3/2014 of March 27).

The right of withdrawal shall not apply in the following cases:

  1. In the provision of services, once the service has been fully executed, when the execution has begun, with prior express consent of the PROVIDER and USER and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by the PROVIDER, they will have lost their right of withdrawal.
  2. In the download or activation of the service whose price depends on financial market fluctuations that the PROVIDER cannot control and that may occur during the withdrawal period.
  3. In the provision of services tailored to the USER’s specifications or clearly personalized.
  4. In the supply of accommodation services for purposes other than housing, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.

All returns must be communicated to the PROVIDER, requesting a return number by means of the form provided for this purpose, or by e-mail to info@blueseanautic.com, indicating the corresponding invoice or order number.

4. CLAIMS
Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

  • Postal: BLUESEANAUTIC VALENCIA, S.L., Plaza del Ayuntamiento, 26 – 46002 Valencia (Valencia)
  • Phone: 685099910
  • Mail: info@blueseanautic.com

5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the case of force majeure.

6. COMPETITION
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.

If any provision of these terms and conditions shall be deemed void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.

The USER declares to have read, to know and to accept the present Conditions in all their extension.

7. GENERAL CONDITIONS OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of BLUESEANAUTIC VALENCIA, S.L. or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements shall prevail.

Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.

8. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the cost of shipping, handling, packaging, insurance or any other additional services and annexes to the product or service purchased.

The prices applicable to each service are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.

Once the order is placed, prices will be maintained whether the service is available or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the email address provided by the USER.

For any information regarding the order, the USER may contact the PROVIDER’s customer service telephone number 685099910 or via e-mail at info@blueseanautic.com.

9. TRANSPORTATION COSTS
There are no transportation costs.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER offers the following methods of payment for an order:

Credit card: no discounts or charges will be applied.

The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

11. PURCHASING PROCESS

Basket (budget simulation)

Any service from our catalog can be added to the shopping cart. In the cart, only the items, quantity, price and total amount will be displayed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the shopping cart you can place an order by following the steps below for its correct formalization:

  1. Verification of invoicing data.
  2. Verification of the service delivery method (download, activation…).
  3. Selection of the payment method.
  4. Place the order (buy).

Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming the completion of the order.

Orders (purchase requests)
Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the order and the approximate download and/or activation date.

12. APPLICABLE WARRANTIES
All services offered through the website are completely original, unless otherwise stated in its description. All have a warranty period of two years, according to the criteria and conditions described in the Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.

13. GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on the Law 23/2003, of July 10, 2003, of Guarantees of sale of consumer goods:

I) Conformity of the services with the contract

  1. In the absence of proof to the contrary, it shall be understood that the services are in accordance with the contract provided that they meet all the requirements expressed below, unless, due to the circumstances of the case, some of them are not applicable:
    1. They conform to the description made by BLUESEANAUTIC VALENCIA, S.L..
    2. Are suitable for the uses to which services of the same type are ordinarily destined.
    3. Are suitable for any special use required by the customer when the customer has informed BLUESEANAUTIC VALENCIA, S.L. at the time of the conclusion of the contract, provided that the customer has admitted that the service is suitable for such use.
    4. They present the usual quality and performance of a service of the same type that the customer may reasonably expect, taking into account the nature of the service and, where appropriate, the descriptions of the specific characteristics of the services made by BLUESEANAUTIC VALENCIA, S.L..
    5. BLUESEANAUTIC VALENCIA, S.L. describes the details, characteristics and photographs of the services provided by the producer thereof, so that it is not bound by these public statements.
  2. The lack of conformity resulting from an incorrect provision of the service will be equated to the lack of conformity of the same when the provision is included in the service contract and has been performed by BLUESEANAUTIC VALENCIA, S.L. or under its responsibility, or by the USER when the defective provision is due to an error in the instructions set out therein.
  3. There shall be no liability for non-conformities that the USER knows or could not have been unaware of at the time of the conclusion of the contract or that have their origin in services provided by the USER.

II) PROVIDER’S LIABILITY and USER’S RIGHTS

BLUESEANAUTIC VALENCIA, S.L. will be liable to the USER for any lack of conformity that exists at the time of delivery of the service. BLUESEANAUTIC VALENCIA, S.L. recognizes the USER the right to repair the service, to its replacement, to a price reduction and to the termination of the contract.

In accordance with article 6 of the Civil Code, any prior waiver of the USER’s rights or acts performed in fraud shall be null and void.

The guarantee of the services offered will respond to the following articles based on Law 23/2003, of July 10, 2003, on Guarantees for the sale of consumer goods:

III) Repair and replacement of services

  1. If the service does not comply with the contract, the USER may choose between demanding the repair or replacement of the same, unless one of these options is impossible or disproportionate. From the moment the USER informs BLUESEANAUTIC VALENCIA, S.L. of the option chosen, both parties will have to abide by it. This decision of the USER is without prejudice to the provisions of Article IV below for cases in which the repair or replacement fails to bring the service into conformity with the contract.
  2. Any form of remedy that imposes costs on BLUESEANAUTIC VALENCIA, S.L. that, in comparison with the alternative form of remedy, are unreasonable, taking into account the value that the service would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the USER, shall be considered disproportionate.

IV) Rules for repair or replacement of service

Repair and replacement shall conform to the following rules:

  1. They will be free of charge for the USER.
  2. They will be carried out within a reasonable period of time and without major inconveniences for the user, taking into account the nature of the services and the purpose they had for the USER.
  3. The repair suspends the computation of the periods referred to in Article VII. The period of suspension will begin as soon as the USER informs BLUESEANAUTIC VALENCIA, S.L. and will end when the repaired service is delivered to the USER. During the six months following delivery of the repaired service, BLUESEANAUTIC VALENCIA, S.L. will be liable for the lack of conformity that led to the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially stated are reproduced in the service.
  4. The substitution suspends the periods referred to in Article VII from the exercise of the option until the delivery of the new service. In any case, the second paragraph of Article VII shall be applicable to the substituted service.
  5. If, once the repair has been completed and the service has been delivered, it is still not in conformity with the contract, the USER may demand the replacement of the same, within the limits established in paragraph 2 of Article IV, or the reduction of the price or the termination of the contract under the terms of Article V.
  6. If the replacement fails to bring the service into conformity with the contract, the USER may demand the repair of the same, within the limits set forth in Article IV, paragraph 2, or the reduction of the price or the termination of the contract under the terms of Articles V and VI.

V) Price reduction and termination of the contract
The price reduction and termination of the contract will proceed, at the USER’s choice, when the USER cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable time or without major inconvenience to the USER. The termination will not proceed when the lack of conformity is of minor importance.

VI) Criteria for price reduction
The price reduction shall be proportional to the difference between the value that the service would have had at the time of delivery if it had been in accordance with the contract and the value that the service actually delivered had at the time of delivery.

VII) Deadlines

  1. BLUESEANAUTIC VALENCIA, S.L. will be liable for any lack of conformity within a period of two years from delivery. In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within six months of delivery already existed when the service was delivered, except where this presumption is incompatible with the nature of the service or the nature of the lack of conformity.
  2. Unless there is evidence to the contrary, delivery shall be deemed to have been made on the day shown on the invoice or purchase label, or on the corresponding delivery note, whichever is later.
  3. The action to claim compliance with the provisions of the preceding articles prescribes three years from the delivery of the service.
  4. The USER must inform BLUESEANAUTIC VALENCIA, S.L. of the lack of conformity within two months of becoming aware of it. In the absence of proof to the contrary, it shall be understood that the USER’s communication has taken place within the established term.

VIII) Action against the producer
When it is impossible for the USER or it would be an excessive burden for him to contact BLUESEANAUTIC VALENCIA, S.L. due to lack of conformity of the services with the service contract, he may claim directly to the producer in order to obtain the replacement or repair of the service.

In general, and notwithstanding that the liability of the producer ceases, under the same terms and conditions as those established for BLUESEANAUTIC VALENCIA, S.L., the producer shall be liable for the lack of conformity when this refers to the origin, identity or suitability of the services, in accordance with their nature and purpose and with the rules that regulate them.

Producer means the person responsible for a service or the importer thereof in the territory of the European Union or any person who presents himself as such by indicating on the service his name, trademark or other distinctive sign.

The party liable to the USER shall have a period of one year to reimburse the party responsible for the lack of conformity. This period is computed from the time of the completion of the cleanup.

14. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly provided herein. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any controversy that may arise from the provision of the products or services object of these Conditions.

In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves to the Courts and Tribunals closest to the town of Valencia (Spain).

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