General Conditions of Sale
The General Conditions of Sale (hereinafter, the “Agreement”) Website www.narvalwetsuits.com are agreed between:
Narval Wetsuits, of Spanish nationality, residing in Gijon, Plaza Romualdo Alvargonzalez 2, Gijon (Asturias), holder of CIF No. B52522372, and VAT registration number ESb52522372 (hereinafter “Narval” ” we “,” our “or the” Seller “.) and
II A consumer, natural person resident in the territory referred to in Article 1.3 of this document (hereinafter the “User”, “You”, “Customer” or “Customers”) that make dese, who makes or you have made a purchase (hereinafter the or the “Order (s)”) strictly personal and without it being a commercial, associative, professional, resale or transfer for consideration or finality, a product or marketed by the Seller on the Website service.
Seller and Customer are designated respectively as the “Party” and, collectively, the “Parties” in the present contract.
In the event that any of the aspects necessary for the proper execution and / or interpretation of this Agreement would be subject to interpretation, apply the rules and practices applicable to Spanish companies distance selling.
1. Purpose, Applicable Law and territory
This Agreement is to define the terms of sale between the Seller and the Customer, product and / or marketed by the Seller on the Website services. The contract governs the terms of issue, payment and delivery of orders as well as the guarantees and rights of withdrawal on orders under the conditions established by the contract and the law that is applicable in each case.
The seller may modify its General Conditions of Sale at any time. The General Conditions of Sale apply between the Parties are those that are posted online when the customer places an order and have been accepted by the Customer during the formulation of this Order, these conditions form the contract, as defined in the Preamble hereof.
1.2. Applicable law
In any litigation or attaching to the Website, or any of it depends, will apply Spanish law, it is competent to resolve all disputes arising or related to the use of this website, Spanish Courts.
Orders that may be made on the Website may be formalized between the Vendor and a Customer residing in Spain (excluding the Canary Islands, Ceuta and Melilla), in which the order can be invoiced and delivered.
If the customer resides outside the area and delivery Order mentioned above, can not validly formalize Orders through the website.
21. During the shopping process online and Seller’s request, the customer must validate your order before purchasing. In the event that the order is not correct, the Customer shall proceed to correct the error before sending the Seller. Customer shall be responsible to ensure, before shipment of which the order is correct.
When ordering in the website, the Customer confirms that:
(A) it is a consumer, not a dealer
(B) resides in a territory listed in Article 1.3.
(C) information (including without limitation title, name, telephone number, email address, billing address and shipping) that provides for the buying process online Order are correct and complete.
2.2. Acceptance of Agreement by Customer
Any order made on the Website requires the prior reading and express acceptance of the contract by the customer, you can save or print the contract applicable to your order.
By the time the Customer Order dese end, you can print a summary extract thereof.
2. 3. Order acceptance by Seller
Seller may fulfill orders received on the website by a customer who resides in the territory listed in section 1.3 above for delivery in the territory of residence of the Customer, with a maximum amount per order of 1500 Euros (€) .
Once received the order placed by the Customer, the Seller shall notify Customer by email detailed Order, indicating the amount invoiced (with all taxes included, VAT amount and terms of delivery Order). The email implies the acceptance by Seller’s order.
The prices of the products will be appearing on the Website. Prices may change occasionally, but these changes will not affect any Order that has already been confirmed in the order confirmation.
3. Description of products and tariffs
3.1. Product Overview
The User can, so prior to an order, found on the website the essential characteristics of the product or products you wish to order.
However, you acknowledge that the photographs, graphics and descriptions of products offered for sale on the website and products are provided only for information purposes only and therefore have no contractual value. Although the seller make every effort to respect the color of the products displayed on the Website may not, however, guarantee, due to the characteristics of the client computers, that color is a true reflection of the actual color product.
3.2. Rates applicable
Any order implies acceptance by the customer of the prices and descriptions of products offered for sale on the website.
Due to the large volume of products that are in the Web page, it is possible that some prices indicated in some products are incorrect. In this case, the Seller shall inform the Customer of any difference in price, before confirming the Order. When the actual price is lower than the price indicated on the Website, the price charged will be the lower of the two. When the actual price is higher than the price indicated on the Website, the Seller shall inform the Customer of this difference, which should confirm whether or not maintain its Order.
The mentioned rates next to each product offered for sale are expressed in Euros (€), with all taxes included and not including fees and costs of preparing and shipping the order. Prices include value added tax (VAT) in force at the time of order on the territory of residence of the supplier and delivery Order.
Seller is free to modify the selling prices of their products and services at any time. In case you create or modify one or more charges or compulsory, both upward and downward, these changes may be passed on to the retail price listed on the Web page Seller’s contributions.
However, the Seller agrees to apply Customer rates and fees that are directed for the validation of your order. To complement this, the customer is informed about the costs of preparation and delivery of your order by consulting your shopping cart and during the execution of your order.
3.3. Discount Offers
Tenders codes and coupon (hereinafter “Discounts”) shall be valid only and only during the period of validity of the offer in question and under the conditions specified in this regard. Discounts may in no case become a refundable sum or payable to the Customer.
Discounts may only be used by the Client referenced, and shall in no case be transferred to third parties. They will be deducted from the amount of the order, including all taxes, excluding the costs of preparation and delivery of the order. Unless otherwise contained in a special discount, discounts are not cumulative between them during the execution of an order.
When the Customer indicated in the Web page several Discounts simultaneously, you can only benefit, for the same Order, the amount of the discount is the highest.
3. 4. Vouchers
The vouchers purchased by the Customer as their previous purchases in Narval (hereinafter “Purchase Vouchers”) may only be used by the client referenced and are not transferable to third parties. These are valid under the conditions described by Narval Customer, particularly in terms of deadlines and other conditions. Unless otherwise stated in a Purchase Voucher, Purchase Vouchers may not be added each other or be combined with a discount. Purchase Vouchers may in no case become a Customer refundable or payable sum.
The amount of a Gift Certificate must be used and consumed in its entirety in a single order and can not be divided into different orders.
– When the amount of a purchase worth less than the amount of products the customer wishes to order, with all taxes included and not including the costs of preparation and delivery, Customer shall pay the difference in these amounts as expenses preparation and delivery of products ordered.
– When the amount of the Gift Certificate is higher than the amount of products the customer wishes to order including all taxes but excluding shipping and delivery costs, the order will not be valid and the Customer will be able to complete their purchases selecting additional products.
– When the amount of a Gift Certificate was equal to the amount of products the customer wishes to order, with all taxes included and not including the costs of preparation and delivery, the Order will be validated and the Customer shall pay only the costs of preparation and delivery of the products ordered.
– If for any reason an Order is not validated by the bank server electronic payment, the Gift Certificate can not be used within 72 hours. After this period, it will be reactivated and the customer can use it for a new order.
4.1. Currency of Payment
The currency of payment of orders is the Euro (€).
4.2. Payment conditions
The Customer undertakes to pay for your order at the time of validation. Customer can pay for your order online by bank card (credit card, Visa and Mastercard and Paypal) indicating the card number and expiration date valid along with the three figures in the back of your bank card .
If the Seller discovers after entering into the contract, it can not deliver the products ordered by unavailability thereof, the Seller shall inform the Customer immediately and will refund all payments, without having any possibility of compensation.
4.2.1 Data processed by the Vendor
The Customer warrants to Seller that has the necessary authorizations to use the means of payment that you select during the checkout process your order. The validation of the order is subject to validation by the central bank payment selected by Seller. In case of refusal by the bank, the order will not be finalized and will be canceled. As part of the fight against Internet fraud, the data concerning the Order and Customer means of payment may be sent by Seller to any third party for verification purposes.
Seller, in collaboration with the bank that ensures the management of electronic payments, controls all the orders that are validated on the Website. Thus, any order that provides for a different delivery address than the billing address of the Customer, will be verified by the Seller. In this context, the Seller may require the Customer information and documents necessary for the execution of the Order such as evidence of the customer’s home and / or the person indicated for the delivery address, justification of bank customer data, etc. These applications will be made by mail or phone. The bank account linked to the payment method used by the Customer will be charged from the end of the order placed by the Customer on the Website. Seller may suspend or cancel any order and / or delivery, whatever its nature and status of implementation, in the event of non-payment of any amount due from the Customer, or if payment incidents. Subsequently, any new order placed by the Customer may be rejected or any delivery Customer may be suspended in the event of late payment of an Order in whole or in part, previously carried out by the Customer. The seller will keep the client informed of all this.
4.2.2 Data processed by the bank that handles payments
SSL encryption technology (Secure Socket Layer) ensures privacy, integrity and confidentiality of data. SSL technology that allows it to safely transmit all personal data in a transaction such as name, address or credit card number. The information given in the Order Form will be addressed by society OGONE and the CIC bank (and Paypal if any) in order to authorize payment Order and analyze a bank transaction, in addition to fighting fraud bank card .
The appearance of a default because of fraudulent use of a credit card can lead registration data Order Form associated with that default on a payment incident file created by the bank and the ICC OGONE bank. Similarly, an irregular or fraudulent statement may also be subject to specific treatment by OGONE and the CIC bank.
For safety reasons and to combat bank card fraud, the billing address and delivery address of the order shall be located in the same territory within the list in Article 1.3 above.
The products ordered the carriers delivered to the address indicated by the Customer at the time of confirmation of your order. The submission deadline is fixed at the end of a period of seven (7) business days from the Order provided that this confirmed, depending on the mode of delivery chosen by the Customer (Standard, Express or Kiala) as well as the delivery area.
5.1. Delivery Methods
The transport of the products ordered will be delegated by the seller to a carrier as indicated in the following table
TNT SEUR Kiala
Orders placed on Fridays, Saturdays, Sundays and / or holidays in Spain are processed from Monday or next working day. The delivery deadlines are given on weekdays and vary by destination. Notwithstanding the above provisions and merely indicative, deadlines generally tested for different modes of delivery are:
– 4 working days for “Express” deliveries bound for Spain as from the validation of the Customer’s Order by the Seller. To benefit from Express delivery, Customer will place the order and Seller shall confirm before noon.
– 5 working days for deliveries “Standard” for Spain as from the validation of the Customer’s Order by the Seller.
– 7 working days for deliveries “Kiala” to Spain as from the validation of the Customer’s Order by the Seller.
5.2. Delivery tracking
At the time of confirmation of the order by the Seller, it will be reported to the customer a tracking number to follow the order to allow progression. Customer may:
Clicking on a hypertext link in the confirmation of your order, or
– Enter the tracking number of your order and the postal code of the place of delivery, in the reserved space to track packages on the website of the carrier.
5.3. Customer package delivery
Deliveries “Express” to the client address will be made wherever it is the place, in particular the ground floor, provided the delivery charge have all the codes and necessary means of access.
At the time of delivery “Express”, a delivery note will be given to you for signature. If undeliverable Customer Package for any reason (absence, wrong address or not found), the carrier will instruct the Seller a fault code delivery and deposit a notice to the Customer in which the procedure is indicated to follow to collect your package. If the customer has not picked up your package 10 days after the date of the notice, presenting a valid identity document, the parcel will be returned to the Seller.
The Customer is responsible for the products as of the delivery thereof.
The order given to the customer anger accompanied by a form of withdrawal or cancellation of products that may use the Customer in the event of cancellation of this Order and in accordance with Article 6.1 of the GCS
Products sold on the Website may be subject to change or refund the terms of this Agreement and pursuant to the law applicable to the present, with the exception of custom products to customer demand.
6.1. Right and withdrawal period Customer
The Customer shall have a period of 30 working days from receipt of order to request redemption of all or some of the products covered by the Order. The customer returns to office products ordered following the instructions on the return label contained in the package delivered and detailed below. In case of loss of the tag-return the customer must contact Customer Service using the pre-filled form: Contact us (via the website or by writing to email@example.com www.narvalwetsuits.com
1. After checking that the conditions for return are met, the client has to pack the products returned in the package of your choice and make sure the plot is closed with tape.
2. The return label contained in the package delivered to stick on the package containing the returned product.
If the returned items are from different orders, the customer will have to paste in the return package different labels after initially supplied in the package delivered.
3. Products returned by the customer to the seller should be addressed to the following address:
Narval Wetsuits S.L. Plaza de Romualdo Alvargonzalez, No. 2 – local 2 (Gijón, 33202)
The customer is free to use the carrier of your choice.
The return transport costs remain the responsibility of the customer.
4. The seller shall reimburse the customer for credit to the account used by the client when placing the order within 2-3 days (variable time depending on the banks), as of the recovery of property by the seller or have the justification by the shipping customer for these products, the date will be held the first of these two.
It will take into account the withdrawal of an order only and only when you have ordered the repayment of the Seller and pampering there been returned to the Seller under the terms and conditions set forth in Article 6.3. In this case, the Customer reimbursement shall be made by any means, in particular through recovery of the amount in the bank account used by the customer during placing the order, at the time of receipt by Narval, the returned products or upon presentation of proof of sending them, taking into account the date of the first of these two facts
In case of a valid return with these conditions or in the event that the order has not been delivered within the deadlines set in Article 5.1. above, Seller will refund the purchase price received within 14 days from receipt of order.
Seller shall refund the entire amount paid will include not only the price of the product or object (s) but also the amounts corresponding to costs sent by the Customer (based on standard delivery), calculated at proportion to the value of objects or products back. Shipping costs considered extraordinary and / or additional standard shipping fruit of the customer’s choice will not be refunded.
6.2. Legal guarantees
6.2.1. Guarantee compliance
The customer will benefit from a legal guarantee which allows you to return the defective Products to Seller, pursuant to Royal Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of approved Consumers and Users and other complementary laws and in particular Articles 137 and 143.
6.2.2. Legal guarantee of the hidden defects
The customer will benefit from the legal guarantee of the hidden defects in products sold in application of Articles 1484 and the Civil Code. All our products are designed and manufactured with the utmost care. However, the warranty is void if failure or damage due to improper handling occur, lack of maintenance or care contrary to our instructions.
Under Article 1490 of the Civil Code: “The actions emanating from the provisions of the five preceding articles shall be extinguished within six months from the delivery of the thing sold.”
6.3. Conditions for returning the products to the Seller
When a product carries a special warranty, term and conditions of the guarantee are detailed in the record that describes the product.
Products likely to return by the Customer to the Seller shall have been previously purchased on the Website and delivered to the customer, being in a state suitable for marketing new (original packaging, manuals and accessories, bar codes and labels of origin ) and accompanied by the return label contained in the delivered package. Products returned by the customer to the seller should be sent to:
Narval Wetsuits S.L. Romualdo Alvargonzalez Square, 2 – Local 2 33202 Gijon (Asturias)
Product return Seller is your responsibility. Therefore, the Seller advises the Customer to make the return of the product concerned via a carrier that allows tracking the package returned to the Seller. Otherwise, if the return package sent by the Customer not reach the Vendor, Customer shall have no ability to require the carrier to locate the return package.
Transportation expenses return package paid by the Customer. But as long as the provisions of section 6.5 are met, in case of defect, defect or anomaly regarding the description contained in the order form or in the case of error attributable to the Seller regarding the nature of the product sent to Customer, Seller shall reimburse the cost of return based on the ordinary postal service rate in force in the country of residence of the Customer.
Upon receipt of the returned package, Seller shall verify the compliance of the returned product and the reason for the return. If the returned product does not justify the change or return, your return will be rejected by the Seller, and the product will be made available to the Customer at stores Seller, or may be sent to the Customer at his request and shipping costs to your account within three days following the receipt by the seller of the product returned by the Customer months.
Subject to applicable legal guarantees, in breach of the terms contained in this Article, the Customer may not raise any claim of apparent defect products they have been delivered by Seller. Thus, the products are deemed no defects apparent.
The change request by the Client shall be made within thirty (30) days from the date of receipt of the product and in the conditions described in Article 6.3 above.
If you wish to change one (or more) products you must follow the following two steps: the customer returns the item following the refund procedure for a refund and make a new order on the site.
6.5 damaged, defective or faulty products
If the customer wants to return goods because of defects or errors by the seller, the customer must contact the customer service for instructions to continue using the pre filled form: Contact (through the web www.narvalwetsuits.com or mail firstname.lastname@example.org). Otherwise, the seller will not take the shipping
Seller’s liability may be waived in the case of breach of duty due to cases of force majeure referred to in the legislation as well as by the Spanish courts.
Similarly, liability may be waived by the Seller inconvenience or damage related to the use of the Internet, especially an interruption of the availability of the Web page, a break of service, external intrusion or presence of virus Computer, loss or alteration of data or files or indirect damage, whatever its causes and consequences.
8. Signature, testing and electronic storage
Communication, online, the credit card number and the final validation of the order constitute sufficient proof of integrated decision Order, leading Customer enforceability of the total order.
The Parties agree that all data, information, files, date and time of consultation Website and Order, and other digital element exchanged between the Parties shall constitute evidence admissible, valid and enforceable character of the parties to justice and with the same strength of evidence that private act.
The Parties undertake not to oppose the admission, validity and / or strength of proof of the elements of nature or electronic format described above, on the legal arguments the electronic nature of the same. Unless proved otherwise, these elements shall be considered valid and enforceable between the parties in the same way, under the same conditions and with the same status as any document established, received or stored in writing. Seller makes storage order forms and invoices on a reliable and durable support, and form an integral and durable copy.
In case of fraudulent use by a third of the credit card customer, you are invited to report without delay to the Seller, notifying by letter to Customer Service, mentioning credit card number, date of Order and justifying his identity, without this information constitutes right to compensation or reimbursement to the Customer by the Seller. Where applicable, the Customer may request his bank to repair or refund, under the conditions stipulated by law and applicable contracts to the bank in question.
9.1 The Customer may not assign its rights and obligations under this Agreement to third parties without the prior written consent of Seller. Seller may freely transfer its rights and obligations under this Agreement to third parties at any time.
9.2 This Agreement is entered into between Seller and Customer. No other person may claim the application of one or more of its terms and conditions.
9.3 Each of the provisions of this Agreement shall be construed separately with respect to the other. In the event that one of the provisions of this Agreement is held invalid under the legislation in force, the remaining provisions shall remain valid and applicable.
9.4 default by Seller of implementing one or several provisions of this Agreement will not mean any waiver to the exercise of their rights to Customer. Nor it will mean that the customer should not meet its contractual obligations. In the event that Seller manifest its desire to waive its rights under this Agreement shall notify the Customer in writing. The waiver by Seller against any breach of contract Customer shall not constitute and shall not be construed in any way as a systematic waiver of any other future contractual breaches