General tems of sale
1 - APPLICATION SCOPES
These general terms of sale apply to any use of or order placed on the Internet site https://www.marinebusiness.net/ and related addresses (hereinafter “the Site") of Marine Business, S.A. (with headquarters at Cases Noves, 61-65 – 08790 Gelida -Barcelona-, Spain) and intra-community VAT number ES A 58008384 for the purchase of goods (hereinafter "Products"). Confirmation of the order by the purchaser (you) implies full acceptance of these general terms of sale that will take precedence over previous versions or specifications arising from the purchaser, including the exchange of electronic mails. The conditions may be modified, so they should be read prior to placing each order.
2 - ORDERS
Products are presented in accordance with the legal recommendations and the most suitable method possible.
There may be a difference between the Products delivered and those represented on the Site or in the catalogue, mainly in terms of design, as manufacturing uniformity cannot be guaranteed, or Products that have been adapted according to technical or technological evolution. These differences, as they do not affect the basic Product characteristics or their quality, cannot justify cancellation of an order or rejection of a delivery. As an exact representation of the Products on the Internet Site and/or in the catalogues cannot be guaranteed, particularly due to the differences in finishes in the colours of the Internet browser computer programs and/or monitors, Marine Business, .S.A cannot be held liable for any inaccuracy in the photographs that appear on the Site.
Product orders are subject to availability, so if there are any difficulties in terms of supply or lack of stock, Marine Business reserves the right expressly to inform of a replacement product of the same quality and value. If the offer to replace the product is not accepted, Marine Business will reimburse the amount paid.
2.2 Order acceptance
The order is firm for the purchaser from order confirmation. The order is firm for Marine Business from validation of payment and order recording.
2.3 Minimum order
Marine Business sets a minimum order amount of €50 for home delivery, €250 for collection in shops in Spain and €300 for collection in shops in Italy or France.
3 - PRICES / PAYMENT
3.1 Product prices
The prices of the Products are indicated in euros and include taxes related to the sale of Products, such as VAT. MARINE BUSINESS, S.A. reserves the right at any time and unilaterally to modify the prices of products or services offered through its website. In order to guarantee the price of its products to the customer, this will be the valid Price in the corresponding advertising at the time of placing the order.
3.2 Shipping costs
Orders will be sent by post or parcel carrier to your home. For deliveries in Spain, France or Italy, on completing your order, you should choose between picking up the order at the Point of Sale (no delivery costs) or receiving the order by post of parcel carrier at your home address ( View shipping costs by country)
Payment will be made in euros only and in full on placing the order. Payment can be made by bank card or bank transfer. If a bank transfer is made, the receipt should be sent to the electronic mail address firstname.lastname@example.org
If the bank transfer is not received within 8 days after confirmation of the order by the purchaser, the order will be considered cancelled.
Card payments are secured by the platform SERMEPA. This ensures that you can make fully secure Product purchases. The purchaser’s bank details are not kept by Marine Business.
The invoice to the purchaser will include the details provided in your customer account. You may modify these details whenever you place a new order from the website.
The purchaser who acts as a business customer must contact Marine Business before definitive validation of an order, in order to issue a business invoice. The business customer should inform Marine Business of all the data required to issue the invoice, and the intra-community VAT number if necessary.
3.5 Import Duties (Outside EU)
Any import duties and taxes are charged once the parcel has reached the destination country and these charges must be paid by the recipient of the parcel. Unfortunately, we have no control over these charges as customs policies vary from country to country. If you have any questions related to customs charges you are advised to contact your local customs office.
4 - SHIPPING
4.1 Shipping methods
Delivery will be made according to volume and weight of articles:
1- Postal delivery: For small orders, the order will be delivered by postal package.
2- The order will be delivered by a carrier that is specialised in boxes or pallets in order to guarantee maximum protection. We will deliver the articles at a pre-arranged time within a maximum of 7 days from order confirmation, on the date agreed between the Marine Business carriers (unless indicated to the contrary when the order is placed).
During the holiday period at Christmas 2013, Marine Business will be closed from 23rd. December to 1st. January 2014. Orders issued through the website will be handled from 2nd. January 2014.
We will provide a clear indicative date when the order is placed on our website.
If it is impossible to deliver the Products on the date arranged by the Marine Business carriers, if the purchaser is not at home or there is missing information regarding specific delivery instructions, this could imply payment of additional delivery costs and/or the cancellation of the order by Marine Business. The Product risks will be transferred to the purchaser on delivery or on the date of attempted delivery of the Products by the Marine Business carriers on the date arranged
For cases when the respective availability dates of the Products in an order might be different, Marine Business will suggest to the purchaser that the order is delivered separately. If the order is shipped in separate deliveries, the delivery costs indicated in point 3.2. will be applied to each order shipment. If the order is not delivered separately, the shipment will be delivered on the date when all the ordered Products are available.
3- Collection at the shop: or orders delivered in Spain, France or Italy, you may choose whether you wish your order to be delivered to your home address or if you prefer to collect it at a selected Marine Business Point of Sale, with no delivery charges. For this option orders must be a minimum of €200 in Spain and €300 in Italy or France.
4.2 Acceptance and Claims
On receipt of the order the purchaser must check the shipment for any damage, missing items, defects or any other non-compliance or if you do not accept the Products delivered in your order.
Specifically, the purchaser should check the condition of the packages, the number of packages and the quantity, reference, condition and features of the Products. If you wish to file a claim, you should contact the Marine Business shipper.
To ensure your claim is admitted, you must:
- Indicate the specific problems involving damaged or missing items on the delivery packing slip. General statements such as “subject to unpacking” are insufficient.
- Send your claims regarding the damages or missing items in writing by registered letter with return receipt to the Marine Business customer service department at Cases Noves, 61-65, 08790 Gelida, Barcelona, Spain.
- Send your claims regarding the damages or missing items in writing by registered letter with return receipt to the shipper within 3 days after delivery, not including holidays.
You should send a copy of the claim to Marine Business within the same time frame.
You should also be able to provide proof that the claims made are true and allow Marine Business, its shippers or any other authorised person to inspect and verify the claims. You must also not intervene or allow any third parties to intervene.
If your claim is accepted, the defective or not accepted Product will be exchanged, or refunded if the Product is not available in stock or from our suppliers. The Product being returned must be delivered to the Marine Business shippers in perfect condition, in its original packaging, with all of its accessories. No returns will be accepted without prior agreement from Marine Business.
5 - PRODUCT WARRANTY /LIABILITY
The Products are guaranteed to be free from any manufacturing, design or material defects for a period of 2 years from the date of delivery However, you will have one month from the delivery date to inform of any non-conformities and after this period any damages will not be assumed by Marine Business. During the warranty period, Marine Business will exchange or refund the Products found to be defective. Exchanged Products will be covered for the remainder of the warranty period. The warranty does not include:
• Damage to the product resulting from normal wear and tear given its nature, function, composition and price;
• Slight differences in the Products as indicated in point 2.1;
• Products exposed to excessively heavy use, especially those other than private purposes;
• Any damage to the Product resulting from improper installation, storage, preservation or incorrect assembly, improper maintenance, misuse or use not in compliance with the technical or use specifications (non-compliance with maintenance instructions), modifications or repairs made by you or a third party, damage caused by other objects, outside events such as accidents, shocks, fire, vandalism, water damage, natural or artificial light (discoloration) natural disasters or bad weather.
5.2 Invoking the warranty
To invoke the warranty, you should contact the Marine Business customer services department. You must show the original invoice in order to benefit from the warranty.
5.3 Legal Warranties
The Products are warranted against any latent defects and non-compliances according to the General Law for the Protection of Consumers and Users and the Civil Code.
5.4 Liability of Marine Business
Marine Business’s liability for the Products delivered, including contractual or legally applicable warranties, is limited to the Price of the defective or non-compliant Products. Marine Business will not be liable to compensate you for any indirect damage or financial loss suffered by you or a third party.
6 - COOLING-OFF PERIOD
Your right to retract your purchase.
Pursuant to articles 68 and onwards in the General Law for the Protection of Consumers and Users, approved by Legislative Royal Decree 1/2007, of 16 November, if you contract as a consumer you have the right to cancel your order within the period of 7 working days from the delivery date. If you decide to cancel your order Marine Business will reimburse you for the Price paid for the products within a maximum period of 30 working days.
You will not be reimbursed if the product has been used or damaged. The product must be returned in the same condition in which it was delivered, including all its instructions, documents and product packaging.
If the event of loss, destruction or any other cause imputable to you that prevents the product being returned , reimbursement will be that of the market value at the time of the cooling-off period, unless this value is higher than the purchase Price, in which case the purchase Price will apply.
You should formalise your right to exercise the cooling-off period through a document made available to you by Marine Business when you communicate your decision to retract your purchase.
To exercise your right to use the cooling-off period, you must send the completed form (download form), email@example.com and by registered letter with return receipt to the following address: Marine Business, Cases Noves, 61-65, 08790 Gelida (Barcelona) Spain.
The Product must be returned by you within a maximum period of 7 business days from the expiration of the 7-day cooling-off period to the Marine Business warehouses located at: Marine Business, Cases Noves, 61-65, 08790 Gelida (Barcelona) Spain.
You may ask for the Product to be collected by the Marine Business shippers at your expense. This option must be specified in the cooling-off return form.
You will receive a full refund for the purchase price of the Product as soon as possible and at the latest within 30 days following the date you exercised your rights under the cooling-off period, upon receipt of the Product returned in perfect condition, in its original packaging, with all of its accessories.
7 - USING THE WEBSITE
7.1 Intellectual Property
1. All content on this website, in particular, design, text, graphics, images, databases, software, sounds, trademarks, logos or any other image that could be used for industrial or commercial use are subject to the intellectual and industrial property rights of MARINE BUSINESS, S.A. or third parties who have granted authorisation for use.
2. At no time does access to the website and/or its use imply any kind of waiver, transmission, licensing or total or partial cession of these rights nor does it confer any kind of rights or expectation of rights, in particular, to alter, use, reproduce, distribute or publicly communicate this content without express prior authorisation from MARINE BUSINESS, S.A. or the corresponding holders.
3. It is forbidden to establish a link to this website from any other website without prior and express consent from MARINE BUSINESS, S.A.
7.2 Liability of Users
Use of the website https://www.marinebusiness.net/ is the sole responsibility of users. Marine Business will not be held liable for failures, error or computer viruses that may affect access to this website or any user computer malfunctions that may occur following access to the site. It will not be liable therefore for direct or indirect damages arising from use, access to its site or the downloading of content from its site (images, text, video files).
7.3 Personal Data Protection
“In accordance with Organic Law 15/1999, of 13 December, for Personal Data Protection (PDP), we inform you that:
1. Your personal details collected on this website will be included in a computerised database the property of MARINE BUSINESS, S.A. This database is registered in the General Register for Data Protection pursuant to current legislation and in compliance with all security measures in Royal Decree 1720/2007, of 21 December, for security measures of automated files that contain personal data.
2. These details collected by the completion of forms and/or sending electronic mails will be processed and included in the MARINE BUSINESS S.A. files in order to provide an effective response or provision of services requested, to speed up order processing and to send out advertising of promotional offers by MARINE BUSINESS, S.A. through its website. The user therefore expressly consents to the processing of his or her personal data for the purposes indicated here.
3. User data will not be ceded to any other company, although it may be given to third parties when this communication is required for the development, compliance and monitoring of the purposes of collection or receipt of these data, in compliance with these terms.
4. You have the right at any time to access, rectify, cancel or oppose by sending an email to firstname.lastname@example.org or conventional post to the business address at Camí de Cases Noves 61-65, 08790 Gélida (Barcelona). To exercise this right, and in compliance with Instruction1/1998, of 19 January, of the Data Protection Agency, you need to attest to your identify before MARINE BUSINESS, S.A., by sending a photocopy of your National Identity Document or any other legally valid document..
5. The User is the only person responsible for the veracity and correction of the data and as such MARINE BUSINESS, S.A. is therefore free from any liability in this regard.
8 - FORCE MAJEURE
Neither Party can be held liable for the total or partial non-performance of any of its obligations, if such non-performance is due a force majeure incident including but not limited to flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than five (5) business days after said event occurs.
The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.
If the force majeure incident lasts for more than one (1) month, Marine Business may opt to not fill the order and must reimburse the purchaser for the purchase price of the order in question.
9 - MISCELLANEOUS
By express agreement between Marine Business and the purchaser, electronic mails exchanged will constitute proof between the parties, as well as automatic recording systems used on the website, specifically regarding the nature and date of the order.
You may access the electronic contract entered into with Marine Business, in accordance with the rules of common law. To do so, send an e-mail to the customer service department containing all relevant information, specifically the order number and your details.
If any or several of the provisions in these general terms of sale should be deemed invalid under any applicable law, regulation or arising from a definitive ruling by a competent jurisdiction, the remaining provisions will remain legal and enforceable.
The failure of either party to exercise any of its rights under these general terms of sale, whether temporary or permanent, will not be deemed to be a waiver of such rights.
If there is a difficulty interpreting any of the titles of the articles and chapters and any of the clauses, the titles will be deemed not to exist.
9.5 Modification of the general terms of sale:
Marine Business reserves the right to modify these general terms of sale. New versions will be indicated on the website.
The online version on the website at the time you place your order will supersede any other prior version.
9.6 Entire agreement:
These general terms of sale and the order summary sent to the purchaser form the contract and constitute the entire contractual relationship established between the parties.
10 – APPLICABLE LAW/JURISDICTION
Relations between you and Marine Business, as regards orders placed on the website, will be governed by Spanish law and any litigious dispute of any order will be subject to Spanish jurisdiction.
MARINE BUSINESS, SA, CIF A58008384 Mercantile Registry of Barcelona Tome 6589 Volume 5871 2nd Section Folio 129 Page number 78670 1st Registration with headquarters at Cases Noves, 61-65, 08790 Gelida (Barcelona), Spain.