GENERAL CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website www.divessl.com, (hereinafter Website) is held by: Luís Duque García, with NIF: 40981368Z, and whose contact details are:
- Address:
del Mar 5, 35508 Costa Teguise, Las Palmas
Hotel Barceló Lanzarote Active Resort - Telephone:
+34 678 159 111 - Email:
[email protected]
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.divessl.com) and the purchase or acquisition of services therein (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Scuba School Lanzarote develops through the Website includes:
- Initiation experiences in diving.
- Training courses of all levels of diving.
- Diving packs for certified divers.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of Scuba School Lanzarote. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all of the abovementioned, so, if he/she does not agree with all of this, he/she must not use this Website.
It is also reported that these Conditions could be modified. The User is responsible for consulting them every time he accesses, browses and/or uses the Website as those that are in force at the time of requesting the acquisition of products and/or services will be applicable.
For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact details provided above or, if applicable, using the contact form.
2. THE USER
The access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), for which all the established conditions are accepted, since the navigation on the Website begins, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make legally valid queries and purchases or acquisitions.
- Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be cancelled, and the relevant authorities would be informed.
- Provide truthful and lawful contact data, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have the legal capacity to conclude contracts through this Website.
The User may formalize, at their choice, with Scuba School Lanzarote the contract for the sale of the desired services in any of the languages in which these Conditions are available on this Website.
3. PROCESS OF PURCHASE OR ACQUISITION
Users can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of www.divessl.com, during which various products and/or services can be selected and added to the cart, basket or final shopping space and, finally, click on: “BUY NOW”
Likewise, the User must fill in and/or check the information that is requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that Scuba School Lanzarote has received your order or request for the purchase and / or provision of the service, that is, the confirmation of the order. If applicable, you will also be informed by e-mail when your purchase is being sent.
Once the purchase procedure has concluded, the User consents to the Website generating an electronic invoice that will be sent to the User through email. Likewise, the User can, if he wishes, obtain a copy of his invoice on paper, requesting it from Scuba School Lanzarote using the contact spaces of the Website or through the contact details provided above.
The User acknowledges that they are aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, where appropriate, image of the same on their website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, colour, details of the products, or specific characteristics, mode of purchase
The communications, purchase orders and payments that intervene during the transactions made on the Website could be archived and kept in the computerized registers of Scuba School Lanzarote in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that in this regard are applicable, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 rRegarding the protection of natural persons with regard to the processing of personal data and the free movement of such data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by Scuba School Lanzarote through the Website are subject to availability and/or to no circumstance or cause of force majeure affecting the provision of services.
If they occur in cases in which the provision of a service becomes unrealizable due to weather conditions, Scuba School Lanzarote undertakes to contact the User and refund any amount that may have been paid as an amount.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless, due to legal requirement, especially in relation to the I.G.I.C., a different issue is indicated and applied.
In no case will the Website add additional costs to the price of a service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.
Accepted means of payment will be: Credit or debit card, Bank Transfer and Bizum.
Scuba School Lanzarote uses all the means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website.
Credit cards will be subject to checks and authorizations by the bank that issue them, if this entity does not authorize the payment, Scuba School Lanzarote will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Once Scuba School Lanzarote receives the order of purchase by the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the confirmation of shipment and/or confirmation of the service provided in form and, where appropriate, established place.
In any case, by clicking on “BUY NOW” the User confirms that the payment method used is his.
Purchase or acquisition orders in which the User selects as a means of payment the bank transfer will be reserved for 5 calendar days from the confirmation of the order to be able to leave enough time for the bank transfer to be considered by the payment system used by Scuba School Lanzarote for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Scuba School Lanzarote will not be able to validate the order, which will be cancelled.
6. SUBMISSION
There is no delivery service since the items on sale are services (trainings, experiences, and dives) and are carried out, attended, or enjoyed in Scuba School Lanzarote (Av. De la Mar 5, 35508 Costa Teguise (Hotel Barceló Lanzarote Active Resort), Las Palmas.
Once the purchase has been made on the website, it is valid for 12 months from the date of confirmation of purchase to enjoy the experience, course, or dive voucher.
7. RETURNS
In cases in which the User acquires products on or through the Owner’s Website, a series of rights assist him, as listed, and described below:
Right of withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, assists the User with the right to withdraw from this purchase within 14 calendar days without the need for justification.
This withdrawal period will expire at 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the goods purchased on the Scuba Lanzarote Website or in the event that the goods that make up his order are delivered separately, at 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, would acquire the material possession of the goods
To exercise this right of withdrawal, the User must notify his decision to Scuba Chool Lanzarote. You can do so, if applicable, through the contact spaces enabled on the Website.
The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that Scuba Chool Lanzarote makes available to them as an annexed part to these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw be sent before the corresponding deadline expires.
In the event of withdrawal, Scuba School Lanzarote will refund to the User all the payments received, without any undue delay and, in any case, no later than 14 calendar days from the date on which Scuba School Lanzarote is informed of the decision to withdraw by the User.
Scuba School Lanzarote will refund the User using the same payment method that he used to perform the initial purchase transaction. This refund will not generate any additional cost to the User.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of customized products; products that may deteriorate or expire quickly; CDs/DVD of music or video without its wrapping, as it is sealed in the factory; products that for hygiene or health reasons are sealed and have been disappointed after delivery; supply of digital content without physical support.
In this same sense, the provision of a service that the User may contract on this Website is governed, because this same Law establishes that the right of withdrawal to Users will not be attended when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition by him that he is aware that, once the contract has been completely executed by Scuba School Lanzarote, he will have lost his right.
In any case, no refund will be made if the product has been used beyond the mere opening of it or formations that have already been started.
In the following link you can download the Deleting Form Model
Refund or refund after the right of withdrawal.
Once the period of 14 calendar days of the date of purchase has elapsed, no refund of the purchase will be made unless it occurs in cases in which the provision of a service becomes unrealizable due to weather conditions.
Scuba School Lanzarote undertakes to contact the User and refund any amount that may have been paid as an amount. To do this, the User must have kept all the information in relation to the guarantee of the products.
8. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Scuba Chool Lanzarote are electronic (e-mail or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that any contract, notification, information and other communications that Scuba Lanzarote sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with Scuba School Lanzarote through the contact details provided in these Conditions and, where appropriate, through the contact spaces of the Website.
Likewise, unless otherwise stipulated, Scuba School Lanzarote can contact and/or notify the User in their email or in the contact telephone number provided.
9. DATA PROTECTION
The information or personal data that the User provides to Scuba School Lanzarote during a transaction on the Website, will be processed in accordance with the provisions of the Privacy Policy or data protection (contained, if applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of this information and data and declares that all the information or data provided are true.
10. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any dispute, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Scuba School Lanzarote and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
11. COMPLAINTS AND CLAIMS
The User can send to Scuba School Lanzarote their complaints, claims or any other comment you wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, Scuba School Lanzarote has official complaint sheets available to consumers and users, and that they can request from Scuba School Lanzarote at any time, using the contact details provided at the beginning of these Conditions (General Information).
Likewise, if the conclusion of this purchase contract between Scuba School Lanzarote and the User arises from a dispute, the User as a consumer may request an out-of-court solution of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2009/22/2004 and Regulation (EC) 2009/22/2004 You can access this method through the following website: https://ec.europa.eu/consumers/odr/.
