1. GENERAL CONTRACTING CONDITIONS
PLEASE READ THESE GENERAL CONDITIONS OF CONTRACT CAREFULLY.
1.1 Below we detail the general conditions of use that are assumed between the user who visits the website "leisurepesca.com" and the seller, Ocio Pesca, SL, with address at Benjamin Franklin 272, Gijón Spain, with CIF B-33925264 and Registered in the Commercial Registry of Asturias in Sheet AS-32923 of volume 3379 of Book 0 Folio 39.
1.2 The objective of leisurepesca.com is the sale of products through its online store, allowing the user to purchase from anywhere.
1.3 By using leisurepesca.com you acquire the status of user, regardless of whether or not you registered on the website. The use of the Portal and / or the purchase of any product from it brings with it the unreserved acceptance of all the general conditions of use, as well as the particular conditions that govern the acquisition of said product.
1.4 These general conditions of use do not exclude the particular conditions that may be assumed for the purchase of some of the products on the web, but they will complement both, with the particular conditions prevailing in case of discrepancies, unless the general conditions of use result more beneficial for the user. Products whose purchase has been subject to particular conditions will be governed by what is detailed in such conditions. Everything that is not contemplated in them will be governed by what is detailed in the general conditions of use.
1.5 The general and particular conditions of use may be supplemented by instructions that ociopesca.com may communicate to users on its website or any of its products, provided that they do not contradict any of the detailed conditions.
2. ACCESS TO PRODUCTS AND SERVICES
2.1 Ociopesca.com will ask users to register to purchase products on the web or access certain services. The data obtained from said process will be subject to the data protection policy contemplated in these conditions.
2.2 The password entered by the user and validated by leisurepesca.com is considered an identifying element that enables access to your account to purchase products or services and will be personal and non-transferable. The user has the obligation to properly save his password, assuming the consequences in the event of access to said information by third parties.
2.3 Ociopesca.com reserves the right to make changes to the password, the substituted passwords losing their validity.
3. PRODUCTS AND SERVICES
3.1 Ociopesca.com reserves the right to decide which products or services are offered and accessible to users through the web. In addition, leisurepesca.com may add new products or services to the website at any time that will be governed by what is specified in the general conditions of use in force at that time.
3.2 Ociopesca.com also reserves the right to modify the presentation and configuration of the website at any time, without prior notice and unilaterally.
4. OBLIGATIONS OF THE USER
4.1 The user will have the obligation to use the website and each of the products or services diligently, in accordance with the law, public order, morality and what is specified in the general conditions of use. You must also refrain from using them in a way that may damage or impair the normal functioning or enjoyment of the website or may cause damage to the goods and rights of ociopesca.com, its suppliers, user or, in general, of any third party.
4.2 In addition, the user has the obligation when acquiring products and services of:
(a) If you register, the data you provide to leisurepesca.com must be truthful and kept updated.
(b) It is not allowed to introduce, disseminate or store information or material that is defamatory, obscene, injurious, xenophobic, threatening or that incites violence or discrimination for reasons of race, sex, religion or ideology or in any way that violates morality. , fundamental rights, public order, freedoms, honor, privacy or the image of third parties and, in general, current regulations.
(c) It is not allowed to introduce, spread or store on the website or through its services any virus, computer program, code, hardware or telecommunications equipment, or any other instrument or electronic or physical device that may cause damage or alterations in the portal, services, equipment, systems or networks of leisurepesca.com, of users, suppliers or, in general, of any third party.
(d) It is not allowed to carry out advertising, promotional or exploitation actions, except in those spaces expressly enabled to do so.
(e) The use of false identities or impersonating other users on the website or when purchasing products is not allowed.
(f) It is not allowed to hide or falsify in any way the origin of e-mail messages. It is also not allowed to modify, delete or intercept third party e-mail messages or send mass mail messages.
(g) It is not allowed to alter, damage or render useless the data, electronic documents, information or programs of the leisurepesca.com, of third parties or suppliers.
(h) The introduction, storage or dissemination through the website or any of the content products or services that violate the intellectual property rights, industrial or business secrets of third parties is not allowed. In general, no content that does not comply with the law.
(i) The use of the content or information of the products or services detailed on the website for sending advertising, sending messages for direct sale or any other commercial purpose, or obtaining or storing personal data is not allowed. from third parties.
5. SALE AND PROVISION OF PRODUCTS AND / OR SERVICES
5.1 The prices and characteristics of the products and services are those shown on the screen. These prices indicated are in Euros and include taxes corresponding to the user's shipping address, except for typing errors. Discount coupons are marked as such and are valid for as long as they are displayed on the screen. The order confirmation sent by leisurepesca.com is not valid as an invoice, it is only a proof of purchase.
6. USER ATTENTION SERVICE
6.1 If the user is not satisfied with the products purchased at ociopesca.com, they may proceed to return them within a period of no more than fifteen (15) days, which will be counted from the receipt of the same. The refund of said amount will be made by payment. The rules regarding returns (regulated by Law 7/1996, of January 15, on the Regulation of Retail Trade), claims, guarantee and issuance of invoices, are the following: returns that are not in their original packaging will not be accepted and with the products in perfect condition. The return of products that can be copied or reproduced immediately (CDs, movies, books, software, etc.) cannot be returned, except in cases where the merchandise is defective. The delivery note stamped by ociopesca.com is valid as a manufacturer's guarantee and this will take effect from the day of delivery to the user's home.
6.2 Claims for possible incidents such as that the product is delivered damaged, damaged, wrong, or for any other cause susceptible to claim, will be treated as follows: in the case of requesting a refund of the amount, the User must send the product to ociopesca.com, within fifteen (15) days after receiving the order. Having to request the collection of the product to be returned to ociopesca.com, the return costs are borne by Ociopesca.com
7. HOME DELIVERY SERVICE
7.1 The delivery service will be carried out through the carrier selected by the user in his order. The products will be sent to the delivery address specified by the user, within a maximum period of approximately fifteen (15) business days, for normal shipments. The shipping cost is detailed in the "Shopping Cart" screen and is shown separately from the price of the products. On Saturdays and Sundays, orders will not be delivered. The ociopesca.com delivery service is carried out in collaboration with different logistics operators, so that in the event that your order contains several products, these may be partially served by different carriers. Either way, the cost of shipping to your home is unique and will be shown on the screen. Orders cannot be sent to PO Boxes.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1 The user acknowledges that all the products and services, as well as the elements of the website, the brands, the structure, arrangement, selection and presentation of the contents and software used in relation to them, are protected by intellectual property rights and industrial ociopesca.com or third parties, and that the general conditions of use do not confer any other right other than what is specified therein.
8.2 Unless authorized by ociopesca.com or, where appropriate by third parties with their corresponding rights, the user may not transform, reproduce, modify, disassemble, reverse engineer, rent, distribute, make available or allow access to the public Through any form of communication to any of the elements specified in the previous paragraph. The user must use the information, materials and / or elements obtained through the website only for their own needs, having the obligation not to commercially exploit the products or services obtained, as well as their information, materials or elements.
8.3 The user must not suppress the identifying signs of rights (intellectual, industrial or other property) of ociopesca.com or of third parties that appear on the website, as well as refrain from manipulating or alluding to any technical device established at ociopesca.com or by third parties on the website.
9.1 The user must be liable for damages of any kind that ociopesca.com may suffer directly or indirectly as a result of a breach of current legislation. In addition, the user will release ociopesca.com from any sanction, claim or demand that a third party, including any public body, may file against ociopesca.com, its employees or agents as a result of the violation of any third party rights by said user in the use of the website or any of the products or services acquired in a manner contrary to the provisions of the general conditions of use or the particular conditions that may be applicable.
10. EXCLUSION OF GUARANTEES
10.1 The user agrees to accept and acknowledge the use of the website, as well as that the acquisition and use of the products and / or services is carried out under their sole and exclusive responsibility.
10.2 Ociopesca.com excludes any type of liability for damages that may occur in the following cases:
(a) Ociopesca.com undertakes to endeavor to keep the website available at all times. However, it cannot guarantee the correct functioning of the portal at all times, that the user can access it quickly, free of errors, or that all errors will be solved. Similarly, Ociopesca.com does not guarantee the suitability of the website or any of its products or services to meet specific needs of a user.
(b) Ociopesca.com undertakes to adopt the necessary security measures generally adopted in the sector to guarantee confidentiality and security in the use of the website.
(c) Ociopesca.com undertakes to act diligently to prevent the presence of viruses or other harmful elements on the website that may cause alterations to the user's computer system, electronic documents or files, but cannot guarantee the absence of said elements, not being responsible for the damages or losses that they may cause.
(d) Ociopesca.com cannot guarantee the quality, accuracy, veracity, reliability or suitability of the information, products and services provided by third parties through the website. Similarly, it does not guarantee or control the absence of viruses or other harmful elements in the content or services displayed by third parties on the website.
(e) Ociopesca.com cannot guarantee the availability, quality, reliability, accuracy or veracity of the contents, products or services available on third-party websites that the user has been able to access through links (“links”) on the website Ociopesca.com, since we do not control the content of these websites or offer or market the products or services offered on them, so we do not assume any responsibility for them.
(f) Ociopesca.com cannot guarantee of any nature the use that users make of its website, nor their failure to comply with their legal obligations.
11. PERSONAL DATA
11.1 As described in Organic Law 15/1999, of December 13, on the Protection of Personal Data, Ociopesca.com informs the user that there is an automated data file with the personal information of the users created with the data obtained. Through the registration and contact forms on the website, the purpose of which is solely and exclusively to inform and market the products offered on Ociopesca.com, as well as to carry out promotional or advertising campaigns that may be of interest to you.
11.2 For the delivery and provision of some products and / or services offered on the website, Ociopesca.com may request the user a series of essential data. All the data that the user provides to Ociopesca.com will be included in the automated file named above, the user accepting the insertion in it. During the process of requesting data to the user, the user will be informed of the compulsory nature or not of the collection of this data for the delivery of the products. In addition, Ociopesca.com may also request the user other complementary data for the same purpose mentioned above. The non-inclusion of said complementary data will prevent Ociopesca.com from sending products and / or providing services.
11.3 The user may exercise with respect to the data obtained in the manner provided in the preceding paragraphs, the rights recognized by law and in particular the rights of access, modification or cancellation of data and opposition, if applicable, as well as the termination of the consent for the transfer of your data. Said request must be sent in written and signed form, addressed to the address shown in the Stores section, Gijón (Central), as well as contain the following information: name and surname of the user, address for notification purposes, photocopy of the DNI or passport, date and signature of the user and a request in which the request is specified. On the other hand, the user will specifically accept that the rights of access and rectification are exercised by him, or where appropriate whoever represents him, by accessing his personal file on the website after entering the email and password, in the which must correctly reflect all the personal data collected on the website Ociopesca
11.4 For the provision of a better service with all the necessary functionalities for the clients of Ociopesca.com, it may obtain browsing profiles related to the use of certain products or services offered on the website. This data will be completely anonymous.
11.5 The user authorizes Ociopesca.com to communicate in the event that it deems appropriate. However, at any time you can indicate that you do not want to receive any more information in this regard, by means of a written communication in which you must reflect all the data collected in your client file as detailed above. In both cases, those communications that are necessary for the delivery of products or provision of services are excluded from such denial.
11.6 Ociopesca.com undertakes to comply with its duty to keep the personal data provided by users secret and save them, adopting the necessary measures to prevent their alteration, loss, treatment or unauthorized access, as stated indicated in the Regulation of Security Measures for automated files containing personal data, approved by Royal Decree 994/1999, of July 11.
12.3 In the event that a change of address occurs in either party, it must be communicated to the other by any of the means indicated above.
13. DURATION AND TERMINATION
13.1 The provision of the service that this website offers has in principle an indefinite duration. However, leisurepesca.com is authorized to terminate or suspend the service offered by the website at any time, without prejudice to the provisions of the particular conditions. Ociopesca may warn of the termination or suspension of the service it offers when foreseeable.
14. APPLICABLE LAW AND ASSOCIATIONS
The detailed content in these general conditions of use will be governed and interpreted according to Spanish legislation. In the event that there is any divergence based on the interpretation of these general conditions, Ociopesca.com and the affected user shall submit to the jurisdiction and competence of the Courts and Tribunals of Gijón.
Ociopesca.com guarantees the quality of the products it sells under the legally established terms. As is known in the sport fishing sector, many products, rods, reels, etc. You can see your warranty extended by the manufacturer, not only due to manufacturing defects but also due to their use. If you have any questions about the guarantees offered by the different brands we offer, do not hesitate to contact us.
SUGGESTIONS, COMMENTS OR COMPLAINTS
We are open to all your suggestions, comments or complaints. We would love to have your opinion to improve every day and that you are satisfied with your purchase and with our service. If you have any suggestions, comments or complaints, you can send us an e-mail to firstname.lastname@example.org.