1. GENERAL CONTRACTING TERMS AND CONDITIONS
PLEASE READ CAREFULLY THE FOLLOWING CONTRACTING CONDITIONS
1.1 The current General Terms and Conditions, together with the Particular Conditions that can be established, will regulate the relationships between rhodanipesca, S.L., registered address at Benjamin Franklin 272, Gijón, Spain, CIF B-33925264 and registered in the Registro Mercantil de Asturias in the Hoja AS-32923 del tomo 3379 del Libro 0 Folio 39; and the thirds ( from now on “users”) that use the internet website www.seamonsters.eu ( from now on Seamonsters.eu), as well as the thirds that will contract the offered products or accessible through this site ( from now on “products”).
1.2 Seamonsters.eu objective is long distance sale through its on-line service which allows User to buy from anyplace, 24hours a day, every day.
1.3 By using the website seamonsters.eu you get the User condition, you can be registered or not, particular or professional. The use of the website and/or any purchase made on it will mean your entire consent, as a User without any class of reserve, to each and every one General Terms and Conditions as well as the Particular Conditions that will regulate the product purchase and/ or benefit.
1.4 The current General Terms and Conditions do not exclude the possibility that the purchase and/ or use of any of the products offered to the User through the website will be subjected to specific use condition (“Particular Conditions”). These “Particular Conditions” will complement the “General Conditions” and will prevail over them in case of disagreement, except that the General Conditions will me more beneficial to the User than the Particular ones.
1.5 General Terms and Conditions and Particular Conditions will be complemented with the instructions that seamonsters.eu could communicate to the Users about the website use or any product use. These instructions must be followed by the Users on condition that they do not contradict the General or the Particular Terms and Conditions.
2. ACCESS TO PRODUCTS AND SERVICES
2.1 To purchase or access to a particular service, seamonsters.eu will ask User to register. Your personal data will be subjected to Data Protection Policy, as the General Terms and Conditions establish.
The register process will appear in the correspondent portal section.
2.2 The password chosen by the User once registered and validated by seamonsters.eu, will be considered an identification element to access, purchase and use the offered products or services. This password is personal and non-transferrable. The User must follow the rules established by seamonsters.eu to conserve the password assuming the consequences emerged from a bad use of the password or the use of it by a third person. The User must not note the password in a place where a third person can read it.
2.3 seamonsters.eu could make changes in the password on condition that the User will be informed of these changes. In this case, the replaced password will be invalid.
3. PRODUCTS AND SERVICES
3.1 seamonsters.eu reserves the right to decide, in every time, the products and services offered or contained in the website.
In particular, seamonsters.eu can add new products and services to those included in the website, being these new products and services regulated by the General Terms and Conditions.
3.2 seamonsters.eu reserves the right to modify unilaterally, in every moment and without prior notice, the website configuration and appearance.
4. USER OBLIGATIONS
4.1 The User undertakes to comply with a safe use of the website and every product and service according to the law, the public order and the established in the General and Particular Terms and Conditions. The user must decline to use the website in a wrong way, in order to not deteriorate the normal working of the website.
The user must decline to cause damages to seamonsters.eu goods, its suppliers, its users or in general any third person.
4.2 The User undertakes to comply with:
a) Once you registered in our website, your personal data must be true and updated.
b) Do not publish, store or spread any information or material that can be harmful, offensive, scandalous or xenophobic, that can encourage to violence, race, sex, religion or political discrimination.
Any information that can alter morality, public order, essential rights, honour, public liberties, privacy and in general the current laws, is forbidden.
c) Do not publish, store or spread through the website or in its services, any computer program, virus, hardware or telecommunication equipment or any other electronic device that can damage the website, any of its services, any systems or nets in seamonsters.eu, any User, any supplier and in general any third person.
d) Do not publish except in the established places any publicity activities or any promotions.
e) Do neither use fake identities nor take the place of other person when you use the website or any of its services, including third person´s passwords or in any other way.
f) Do neither hide nor falsify emails origin. Do not interrupt, erase or modify other user´s mails and do not send spam.
g) Do not destroy, modify or damage data, information, programs or technological documents belonging to seamonsters.eu, its dealers or thirds.
h) Do not insert, store or spread through the website or through any of its products and services any content that transgress intellectual property rights or third company secrets. In general, it is forbidden to insert this sort of information when the law does not allow you to do it.
i) Do not use contents and in particular, information obtained through the website or any of the products and services to insert publicity, send direct sale messages or any other commercial objective, nor to store third person data.
5. SALE AND PRODUCTS AND/ OR SERVICES PROVISION
5.1 Products / services features and their prices are shown in the screen. The prices indicated in the screen are in <image001.gif> and user´s delivery address taxes are included (IVA, VAT, TVA) to the particular users and they are current except typing error.
Discounts are marked and identified as such. Their validity is applicable while they are shown in the screen.
The order confirmation sent by seamonsters.eu is invalid as a bill it is just a sale receipt.
6. CUSTOMER SERVICE
6.1 If you are not satisfied with the products bought in seamonsters.eu, you can return them in 15 days from the reception. The return will be done as a payment. The return rules (reguladas porla Ley 7/1996, de 15 de enero, de Ordenacióndel Comercio Minorista) Claim, guarantee and bill issue, are the following: we do not admit returns that do not come with its original package and in perfect conditions.
The products that can be immediately copied or duplicated (CDs, software, films, books and so on) will not be admitted except when they come in their original package and had not being opened. We will not admit returns in products that because of their nature cannot be returned, apart from faulty goods.
The delivery note stamped by seamonsters.eu is valid as a manufacturer guarantee. Guarantee will be valid from the day the user receives the order.
6.2 Claims because of spoiled product, broken down product, or mistaken product will be processed in the following way: if you want to recover your money you must send the product back to seamonsters.eu in 15 days from the reception. If seamonsters.eu has to pick the product up from your address, you must pay the shipping costs.
7. DELIVERY SERVICE
7.1 The User must choose a delivery service way when making the order. The products will be sent to the delivery address indicated by the User in an approximated 15 days period to normal deliveries.
The shipping cost is shown in the basket and is differentiated from the product price. On Saturdays and Sundays there is no delivery service. Seamonsters.eu delivery service is carried out with the cooperation of different logistical companies so in the case that you have ordered different products and depending on the products included in your order, the delivery can be carried out by partial deliveries made by each one of the different logistical companies.
However, the shipping costs is unique and it is the on that is shown in the screen. We do not deliver orders to post office boxes.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1 The user recognizes that all the elements in the website and each one of its products and services, information and materials, brands, structure, selection and appearance of its contents and computer programs used related to them are protected by seamonsters.eu intellectual and industrial property rights.
The general terms and conditions do not give the user any other right different from the ones detailed in them.
8.2 The User cannot reproduce, transform, modify, spread, lend, rent or permit public access through any public communication method any of the elements mentioned in the paragraph above. Except if seamonsters.eu authorizes it.
The User must use the materials, elements and information shown in seamonsters.eu or in any of its products and services to his/her personal necessities only. The user must not carry out either directly or indirectly a commercial exploitation neither the products nor the materials elements and information obtained in the website
8.3 The User must not suppress the signs that identify seamonsters.eu Rights (intellectual and industrial property) or the thirds´ rights that can be shown in the website. The user must not manipulate the technical devices established by seamonsters.eu or by thirds in the website.
9.1 The User will respond for all the damages that seamonsters.eu can suffer directly or indirectly as a consequence of the breach of the current legislation.
Moreover, the User will keep seamonsters.eu undamaged to any sanction, claim or request that a third person including any public organism can initiate as a consequent of a bad use made by the user at seamonsters.eu its services or products. If any public organism or a third person initiates a demand when the user had made an action contrary to the General Terms and Conditions, the user will keep seamonsters.eu undamaged.
10. GUARANTEE EXCLUSION
10.1 The user recognizes and accepts that the use of the website, just like the purchase and the use of the products and services, will be made under his/ her own and exclusive responsibility.
10.2 Seamonsters.eu excludes any responsibility caused by the damages that can be derived from the following items:
a) Availability, continuity and utility: seamonsters.eu undertakes to comply with all the necessary efforts to assure the website responsibility and continuity. However, seamonsters.eu cannot guarantee the right working of the website at every time, the User´s quick access and the correction of the mistakes and errors produced in the website when it is not possible to do it. In the same way, seamonsters.eu does not give any guarantee respect to the website suitability or any of the products and services offered to satisfied a specific user necessity.
b) Security: seamonsters.eu will adopt all the most common measures used in the sector to guarantee the confidentiality and security while you are using the website.
c) Seamonsters.eu will act diligently according to the general accepted uses in this sector to avoid viruses or any other elements that can damage the user´s computer or any or his/her electronic devices; however seamonsters.eu cannot guarantee the absence of such elements resulting not responsible of the damages that this situation can cause.
d) Services provided by third parties: seamonsters.eu does not control, nor guarantees the accuracy, quality, veracity, reliability and suitability of the information, products and services provided by third parties through the website. Moreover, seamonsters.eu does not control or guarantees the absence of viruses or any other harmful elements contained or provided by a third party through the website.
e) Contents out of the website: seamonsters.eu does not guarantee the technical availability, quality, veracity, reliability and suitability of the contents, products and services, available in places belonged or managed by third parties, which the user can access to, through devices such as links. Seamonsters.eu, does not control the contents of the mentioned links nor offer or commerce with any of the articles available in them, nor assumes any responsibility derived from the use of them.
f) Seamonsters.eu does not give any guarantees respect of the usage that the user can make in the website, nor of the legal breach of agreement to which they are obliged.
11. PERSONAL DATA
11.1 According to “Ley Orgánica 15/1999, de 13 de Diciembre, de Protección de Datos de Carácter Personal” Seamonsters.eu lets the user know about a file where all the personal data are stored in order to have information about the User and to report about products, send promotions and publicity that can be of the user´s interest. We can send the user a huge range of promotions related to his/her necessities and it is customised, in this way we can know more about our customers´ priorities.
11.2 To deliver and/or provide any product or service offered in the website, seamonsters.eu can ask the user some important data. The User accepts the inclusion in the above mentioned file of all the data required to seamonsters.eu so as to the information derived from the commercial relationship, delivery and product and service provided. Moreover, seamonsters.eu can ask the User any complementary data which will be addressed to the same file and destined to the same objectives. It is important to fill the information required because if you do not do it, seamonsters.eu can deny to deliver or to provide any service or product linked to these objectives.
11.3 The user has the right to cancel and oppose to the requirement of the mentioned data. This right can be practised by the User or by the person who represents him/her by sending a writing form signed and addressed to the address that appears in the section “Shops”,Gijon(Central Store). The form must have the following items: User´s name and surname, address, Id photocopy or passport photocopy, date, signature, and what you applied for. Moreover, the User accepts that the access to the data can be provided by himself/ herself by entering the website introducing his/her password so as to send a mail where he/she must show all the personal data available in the registered file in order to proceed to his/her identification.
11.4 Inorder to provide a better service Seamonsters.eu can collect navigation profiles related to the use of determined products or services offered through the website. This data will be used in an anonymous way.
11.5 In the same way, the User authorizes seamonsters.eu to send him/her any information that cam be convenient. However, the User can indicate at every moment that he/she does not want to receive any information by sending a writing form and by sending an email indicating the field “Unsuscribe” which will show all the data collected in the register form that was used to identify the user. In both cases, the communications that are essential to deliver or comply with the products and services are excluded of being denied.
11.6 seamonsters.eu compromises itself to comply with its right to keep in secret the personal data and keep them safe, and will adopt the needed measures to avoid their modification, lost, or unauthorized access according to Reglamento de Medidas de Seguridad de los ficheros automatizados que contengan datos de carácter personal, aprobado por el Real Decreto 994/1999, de 11 de julio.
12.1 Apart from the information provided in the General Terms and Conditions, seamonsters.eu can send the user communication by letter, to the given registered address, or by email to the registered email. The user will authorize if he /she wants to receive any communication by email.
12.2 The user can communicate to seamonsters.eu sending a letter including his/her signature or sending an email.
12.3 Incase of moving to a different address the user must communicate it to seamonsters.eu using the method above mentioned.
13. DURATION AND TERMINATION
13.1 The website has an undefined duration. However, seamonsters.eu is authorized to end or cancel the services provided by the website at every time, noting what it is disposed in the Particular Conditions. seamonsters.eu will warn about the end or cancel of the services provided by the website.
14. LAW AND ASSOCIATES
The regulations established in the General Terms and Conditions will follow the Spanish law. To solve any divergence the parts will obey the Courts of Gijón, denying the User his/her own regional law, if he/ she has a different one.
Seamonsters.eu guarantees its products quality in the established terms. Sportive fishing sector has many products such as, rods, lines, reels, that can have a longer guarantee that can be increased be the manufacturer. If you have any doubt about the guarantees that the different brands give, do not hesitate to contact us.
COMMENTS AND SUGGESTIONS
We are opened to any suggestions and comments. We would be glad to know your opinion. We want you to be satisfied with your purchase and with our service. You can send us an e-mail to firstname.lastname@example.org.