1- PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACT CONDITIONS:
On one hand, the service provider, JOAN AYMAMÍ GONZALEZ (hereinafter also the provider), with registered office at VOLTA DELS TAMBORETS, 3, 08003 BARCELONA, (Barcelona), N.I.F. 46365481B, customer service telephone number +34651954925, and e-mail: firstname.lastname@example.org, being the owner of the website https://www.barcelonasailboats.com/, exposes the contractual document that will govern the contracting of services through the mentioned website.
And on the other hand, the User – Client (hereinafter the User), registered on the website through a username and password, over which he has full responsibility for use and custody, being responsible for the veracity of the personal data provided to the user. lender.
BOTH ACCEPT this document, and implies that the user:
1-You’ve read, you understand and you’re agree with this text.
2-That is a person of legal age and with sufficient capacity to contract.
3-That assumes all the obligations set forth herein.
4-You have read and accept these general conditions of purchase from the moment you purchase any service offered.
This document can be printed and stored by the Users.
The provider puts at their disposal the e-mail address email@example.com to raise any questions about these conditions.
The present conditions will have an indefinite period of validity and will be applicable to all the hirings made through the website of the provider.
The provider reserves the right to unilaterally modify these General Conditions, without affecting the goods or promotions that were acquired prior to the modification, in order to improve the services offered. In any case, before buying the services, these general conditions must be consulted.
It is advisable that you keep a copy of the data contained in the purchased services.
JOAN AYMAMÍ GONZALEZ is not responsible for any loss of data, files or any damage that results from a failure of the User to backup the data contained in the services acquired such as memory cards.
JOAN AYMAMÍ GONZALEZ is not responsible for the consequences that could result from an improper use of the services for sale on the web.
2- OBJECT OF THE CONTRACT:
2.1 Scope of application: The purpose of this contract is to regulate the contractual relationship of purchase-sale born between the provider and the user at the moment in which he accepts these conditions of purchase during the online contracting process by checking the corresponding box. These CGC will apply from the day the order is placed.
The contractual relationship of purchase involves the boat trip, in exchange for a certain price and publicly exposed through the website, of a specific tour.
2.2 Territory of application: The virtual store of https://www.barcelonasailboats.com/ is active for the sale of tours internationally.
2.3 Ability to contract: To be able to place an order, you must be of legal age and have the capacity to contract.
2.4 Acceptance of the client: The validation of an order through the web https://www.barcelonasailboats.com/ is done by email and also implies the automatic acceptance of the CGC. These conditions are available on the web https://www.barcelonasailboats.com/ or, if you wish and request, we can make it available by email.
2.5. Modification of the General Contracting Conditions: JOAN AYMAMÍ GONZALEZ reserves the right to make changes and / or modifications in these GTC. We advise our clients to check them regularly. In the event that these changes or modifications were introduced once an order was placed, the conditions in effect on the date on which the order was placed will apply.
3- INFORMATION PROVIDED ON THE WEB https://www.barcelonasailboats.com/:
3.1 Publication of prices: Exceptionally the prices of the services shown on our website can be specified in the wrong way and show a lower price than the corresponding one. When this happens, and if we have confirmed your order, we will contact you immediately in order to issue a new order confirmation with the correct price. In the event that the corresponding price is higher, you may cancel your order and we will reimburse you for any amount you have already paid.
3.2 Information of services: The information contained in our advertising, brochures, other written material, on our website or provided by our agents or employees is an invitation to make a deal. This information does not constitute an offer to provide any service on our part.
The contents of https://www.barcelonasailboats.com/ are constantly being updated and updated to offer our clients the most complete and detailed information possible. Due to this, it is possible that the contents may show, on exceptional occasions, provisional information about some services. In the event that the information provided does not correspond to the characteristics of the service, the client will have the right to rescind his purchase without any cost on his part.
All contractual information on the website is displayed in Spanish (Spanish) and communication with customers and users, as well as the formalization of the contract, will be made in this language, although, if desired, the client can do so another language always indicating it before starting the contracting procedure.
3.3 Availability of reservations: There may be times when it is impossible to supply all reservations. In these cases, we will contact you to give you a choice between the following options:
a) choice of an alternative schedule, with similar characteristics;
If you decline our suggestions, the order related to these services will be canceled and you will be refunded any amount that you would have paid for them.
3.4 Reservations 24 hours a day, every day of the year: The hours of receipt of orders is twenty-four (24) hours three hundred and sixty-five (365) days of the year.
3.5 Fraud: If JOAN AYMAMÍ GONZALEZ suspects or detects any anomaly or fraud, reserves the right to cancel the transaction for security reasons.
4- PURCHASE PROCEDURE:
The user will select a username and password, committing to make diligent use of them, and not 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 it proceeds to the immediate blockade.
Once the user account has been created, it is informed that in accordance with what is required by art. 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:
Choose the service by clicking on it, and it will be added automatically in the “shopping cart”.
If you want to add more services, you must select the option “Continue shopping”. If you have mistakenly added one that you did not want, you must click on the option to remove it from the shopping cart. In the shopping cart you will see the items, the quantity, the price and the total amount.
Once the service (s) has been chosen, you must click on the final tab to place the order. When you click on this option, the purchase confirmation will appear (summary of the order placed, your data and chosen form of payment).
Please check the spam and spam controls in your email inbox and always verify that the contact information you provide is correct.
To finish the process, you must click on the Finish button
In any case, the hiring platform of the provider will inform the user, once the contracting procedure is finished, via email regarding all the characteristics, price, date of contracting.
If there is any type of error at any point of the order, you must notify immediately to the e-mail address that will appear on the web to proceed to correct this error.
If you have any questions, you can contact our customer service through any of the methods provided on the web https://www.barcelonasailboats.com/.
JOAN AYMAMÍ GONZALEZ will provide Customer Service in a FREE way through our contact email firstname.lastname@example.org, if you choose another alternative means of communication, the user is the one who will be responsible for the particular cost of it.
JOAN AYMAMÍ GONZALEZ puts at your disposal telephones in Spain subject to the cost of your telephone operator.
5- PURCHASE AS A GUEST
This website also allows the purchase through the purchase functionality as a guest. In this purchase mode, you will only be asked for the essential information to process your order. Once the purchase process is finished, you will be offered the possibility to register as a user or continue as a non-registered user.
6- PRICES AND TERMS OF THE VALIDITY OF THE OFFERS:
All prices displayed in the store https://www.barcelonasailboats.com/ include the VAT in force at the time of purchase. All the prices that appear on the website are valid except for typographical errors and in any case they will be expressed in the Euro currency (€).
(TAX ON ADDED VALUE: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of services will be understood to be located in the territory of application of VAT The applicable VAT rate will be the legally valid one at all times depending on the specific article in question.
The prices applicable to each service will be those published on the website and applied automatically by the contracting process in the last phase of the same. The client assumes that, in any case, the economic valuation of some of the services may vary in real time. In any case this will always be previously communicated to the users.
In the case of promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered during the promotion period.
The data recorded by the different payment methods constitute a proof of the date on which the financial transactions were carried out and will serve to determine if said order is or is not subject to promotion.
For any information about the order, the User can contact through the customer service phone of the PROVIDER or via email to the address provided.
7- FORMS OF PAYMENT:
Below we detail the available systems:
7.1 Payment by credit or debit card: The user must have a valid credit or debit card, where he must specify all the digits of the card number in the corresponding form. The transaction is formalized at the time of placing the order. Only Visa and MasterCard or American Express are accepted. We only accept payments with secure cards in which authentication of your identity is carried out as cardholder according to the method established by your bank, through secure electronic commerce (“Verified by Visa” and “MasterCard SecureCode”). The order cannot be taken into account and will not be processed until the payment has been authorized by your bank or cashier.
It uses the system called SSL (Secure Sockets Layer), payment system in a secure environment because it allows the encryption of the information transmitted during the transaction, ensuring the confidentiality of it.
7.2 PayPal or other platform: Once the purchase is completed, if this form of payment is chosen, you will be redirected to the official PayPal website where you can make the payment. Once the payment is made correctly, your order will be finalized and an email with the summary of your purchase will be sent. Pressing the button “Back to the web” will return to the web to see the order and print it. PayPal has its own privacy policies and JOAN AYMAMÍ GONZALEZ does not have any kind of responsibility over them.
8- CANCELLATION POLICY AND WEATHER CONDITIONS:
The total amount of the activity will be refunded in case of adverse weather conditions for navigation. It is the decision of the Skipper to evaluate the weather and maritime conditions and cancel the trip if necessary.
In case of cancellation of a reservation by the client, we will refund according to the % listed as follow:
– 70% of the total amount of the charter. Cancellation within 60 days prior to departure.
– 50% of the total amount of the charter. Cancellation between 30 and 59 days prior to departure.
– 30% of the total amount of the charter. Cancellation between 14 and 29 days prior to departure.
– Failure on the activity day, will NOT give any right to be refunded.
The company reserves the right to request a deposit (parties, meetings, etc.). The amount of the deposit will never be higher than the price of the excursion.
10- RESOLUTION OF ONLINE LITIGATION (ONLINE DISPUTE RESOLUTION) [ADAPT TO THE SUPPOSED CONCRETE]
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and / or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
11- NULLITY AND INEFFICIENCY OF THE CLAUSES:
If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only that provision or the part of it that is null or ineffective, subsisting the General Conditions in everything else, having said disposition, or the part of it that was affected, by not putting.
12- APPLICABLE LAW AND JURISDICTION:
These conditions will be governed or interpreted in accordance with Spanish legislation in matters that are not expressly established. The provider and the user, agree to submit any dispute that may arise from the provision of the services subject to these Conditions, to the Courts and Tribunals of the domicile of the provider (if it is a legal entity) or the user (if it is a natural person).
In the event that the user has his domicile outside of Spain, the provider and the user, expressly waive any other forum, submitting to the Courts and Tribunals of the city of Barcelona (Spain).
13- COMMENTS AND SUGGESTIONS:
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our contact form.
In addition, we have official claim sheets available to consumers and users. You can request them by calling the Customer Service number 651954925 or through our contact form.
ANNEX: RIGHT OF WITHDRAWAL
For the attention of:
Name: JOAN AYMAMÍ GONZALEZ
Address: VOLTA DELS TAMBORETS, 3 ,, 08003 BARCELONA, (Barcelona)
Data of the good / benefit to be abandoned:
Order / invoice number: ______________________________________________
Order date / invoice: ___________________________________________
Date of receipt of the product / service: ___________________________
Product / service description: __________________________________
Consumer / user data:
First name: __________________________________________
Right of withdrawal:
In accordance with article 68 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, I inform you that I am withdrawing from the contract of sale of the good / benefit described above, for which I would be grateful if you could contact me through the contact information provided, to notify me that this request has been made.
Date of the request:
Signature of the consumer / user: