WAVEPOL
Introduction
This contractual document will govern the General Conditions for the contracting of products or services (hereinafter referred to as “Conditions”) through the website www.wavepol.com, owned by POLO MARINE SERVICES, S.L., hereinafter referred to as the PROVIDER, whose contact details are also available in the Legal Notice of this website.
These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, as the applicable conditions will be those in force at the time of placing orders.
Contracts will not be subject to any formality except in cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
– The acceptance of this document implies that the USER:
– Has read, understands, and comprehends the content herein.
– Is a person with sufficient capacity to contract. Assumes all obligations set forth herein.
These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER’s website. The PROVIDER informs that the business is responsible and is aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.
Identity of the Contracting Parties
On one hand, the PROVIDER of the products or services contracted by the USER is POLO MARINE SERVICES S.L., with registered office at CL Bailen nº3 46520, Puerto de Sagunto (Valencia), NIF B10657153, and with customer/USER service telephone number 644081547.
On the other hand, the USER, registered on the website with a username and password, holds full responsibility for their use and custody. The USER is also responsible for the accuracy of the personal data provided to the PROVIDER.
Object of the Contract
This contract aims to regulate the contractual relationship of sale between the PROVIDER and the USER at the moment when the USER accepts the corresponding checkbox during the online contracting process.
The contractual relationship of sale involves the delivery, in exchange for a specified price publicly displayed on the website, of a specific product or service.
Contracting Procedure
To access the products or services offered by the PROVIDER, the USER must be of legal age and register through the website by creating a user account. Therefore, the USER must provide personal data voluntarily, which will be processed in accordance with Regulation (EU) 2016/679 of April 27, 2016 (GDPR), regarding the protection of individuals concerning the processing of personal data and the free movement of this data, and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data of a personal nature, detailed in the Legal Notice and Privacy Policy of this website.
The USER will choose a username and password, committing to use them diligently and not make them available to third parties. The USER also agrees to report to the PROVIDER the loss or theft of this information or possible unauthorized access by a third party, so that the PROVIDER can proceed with immediate blocking.
Once the user account has been created, it is informed that, in accordance with the requirements of Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:
GENERAL CONTRACT CLAUSES
Unless there is a specific written agreement, placing an order with the PROVIDER implies the USER’s acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.
The PROVIDER will not dispatch any order or activate any service until it has verified that payment has been made. Since the order does not involve the physical delivery of any product, with the contracted services being downloaded or activated directly from the website, the PROVIDER will inform the USER in advance about the procedure to follow for this download or activation.
Failure to fulfill the distance contract
Delivery dates or periods will be understood as approximate and not constituting an essential breach. If the PROVIDER has not delivered the service within 30 days from the agreed delivery date due to a lack of product or service availability, the USER must be informed and will be entitled to cancel the order and receive a full refund without any cost, without incurring any liability for attributable damages.
In the case of unjustified delay by the PROVIDER in refunding the total amount, the USER may claim double the amount owed, without prejudice to the right to be compensated for damages and losses suffered in excess of that amount.
In the case of the provision of a service, it will be available as soon as the user has made the payment for it and can be downloaded or activated according to the PROVIDER’s conditions.
The PROVIDER will not assume any responsibility if the download or activation of the service is not carried out due to false, inaccurate, or incomplete data provided by the USER.
The provision of the service will be considered completed at the moment the USER has downloaded or activated the service.
The USER has the same rights and deadlines to proceed with the return and/or claim any defects or flaws in the product or service, both online and offline.
The USER has a period of fourteen calendar days, starting from the date of the download or activation of the service, to return it (Article 71 of Law 3/2014, of March 27).
The right of withdrawal cannot be applied in the following cases:
Any return must be communicated to the PROVIDER, requesting a return number through the form provided for this purpose, or by email to [email protected], indicating the corresponding invoice or order number.
Any claim that the USER deems appropriate will be addressed as soon as possible and can be made through the following contact information:
Postal Address: POLO MARINE SERVICES, S.L., CL Bailen nº3 46520 Puerto de Valencia (Valencia)
Phone: 644081547
Email: [email protected]
The parties will not incur liability for any failure due to force majeure. The fulfillment of the obligation will be delayed until the force majeure event ceases.
The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale.
If any provision of these conditions is deemed null or impossible to fulfill, the validity, legality, and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, understood, and accepted these Conditions in their entirety.
All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions.
No modification, alteration, or agreement contrary to the Commercial Proposal of POLO MARINE SERVICES, S.L. or stipulated herein will have effect, except for an express written agreement signed by the PROVIDER; in this case, these specific agreements will prevail.
Given the continuous technical advances and improvements in products, the PROVIDER reserves the right to modify the specifications concerning the information provided in its advertising until it does not affect the value of the products offered. These modifications will also be valid in case, for any reason, the possibility of supplying the offered products is affected.
The prices indicated for each product include Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance, or any other additional services related to the purchased product or service.
The prices applicable to each service are those published on the website and will be expressed in the EURO currency. The USER acknowledges that the economic valuation of some products may vary in real time.
Before making the purchase, you can check online all the details of the quote: items, quantities, price, availability, charges, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed.
Once the order is placed, the prices will remain the same whether the service is available or not.
Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the business name provided at the time of placing the order. This invoice will be sent along with the purchased product and in PDF format to the email address provided by the USER.
For any information regarding the order, the USER can contact the PROVIDER’s customer service phone at 644081547 or via email at [email protected].
There are no shipping costs.
The PROVIDER enables the following payment methods for placing an order:
Credit card: No discounts or charges will be applied.
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures, and cryptographic mechanisms, all aimed at preventing unauthorized data access. To achieve these goals, the user/customer agrees that the provider obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER commits not to allow any transaction that is or is considered illegal by credit card brands or the acquiring bank, which may or has the potential to harm their goodwill or negatively influence them.
The following activities are prohibited under the credit card brand programs: the sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, or Cardholder.
Shopping Cart (Budget Simulation)
Any service from our catalog can be added to the shopping cart. In the cart, only the items, quantity, price, and total amount will be displayed. Once the cart is saved, taxes, charges, and discounts will be calculated based on the payment and shipping information entered.
Carts have no administrative connection; it is only a section where a budget can be simulated without any commitment on both sides.
From the cart, you can place an order by following the steps below for its proper formalization:
Once the order is processed, the system instantly sends an email to the management department of the PROVIDER and another to the USER’s email confirming the order.
Orders (purchase requests)
Within a maximum of 24 hours, on business days, an email will be sent to the USER confirming the status of the order and the approximate date of download and/or activation.
All services offered through the website are completely original, unless otherwise stated in their description. They all have a warranty period of two years, following the criteria and conditions described in 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.
The warranty for the products offered will adhere to the following articles based on the Law 23/2003, of July 10, on the Sale of Consumer Goods Guarantees:
I) Conformity of services with the contract
Unless proven otherwise, it will be understood that the services are in conformity with the contract if they meet all the requirements expressed below, unless, due to the circumstances of the case, any of them is not applicable:
POLO MARINE SERVICES, S.L. describes the details, characteristics, and photographs of the services provided by their producer, so it is not bound by these public statements.
The lack of conformity resulting from the incorrect provision of the service will be equated with the lack of conformity when the provision is included in the service contract and has been carried out by POLO MARINE SERVICES, S.L. or under its responsibility, or by the USER when the defective provision is due to an error in the instructions set out in it.
Responsibility for lack of conformity that the USER is aware of or could not have ignored at the time of the contract’s conclusion, or that originates from services supplied by the USER, shall not apply.
II) Provider’s Liability and User’s Rights
POLO MARINE SERVICES, S.L. will be responsible to the USER for any lack of conformity that exists at the time of the service delivery. POLO MARINE SERVICES, S.L. acknowledges the USER’s right to service repair, replacement, price reduction, and contract resolution.
In accordance with Article 6 of the Civil Code, any prior waiver of USER’s rights or acts performed in fraud will be null and void.
The warranty for the services offered will respond to the following articles based on the Law 23/2003, of July 10, on Consumer Sales Guarantees.
III) Repair and Replacement of Services
IV) Rules for Repair or Replacement of Services
Repair and replacement shall adhere to the following rules:
V) Price Reduction and Contract Termination
Price reduction and contract termination will proceed, at the choice of the USER, when they cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable period or without significant inconvenience to the USER. Contract termination will not proceed when the lack of conformity is of little importance.
VI) Criteria for Price Reduction
The price reduction will be proportional to the difference between the value that the service would have had at the time of delivery if it had been in conformity with the contract and the value that the service actually delivered had at the time of delivery.
VII) Deadlines
POLO MARINE SERVICES, S.L. is responsible for non-conformities that manifest within a period of two years from delivery. Unless proven otherwise, it will be presumed that non-conformities that manifest within the six months following delivery already existed when the service was delivered, except when this presumption is incompatible with the nature of the service or the type of non-conformity.
Unless proven otherwise, delivery is considered to have been made on the day indicated on the invoice or purchase label, or on the corresponding delivery note if it is later.
The action to claim compliance with the provisions of the preceding articles prescribes three years from the delivery of the service.
The USER must inform POLO MARINE SERVICES, S.L. of the non-conformity within a period of two months from becoming aware of it. Unless proven otherwise, it will be understood that the USER’s communication has taken place within the established period.
VIII) Action against the producer
When it is impossible for the USER or imposes an excessive burden to approach POLO MARINE SERVICES, S.L. due to non-conformity of the services with the service provision contract, the USER may claim directly against the producer to obtain the replacement or repair of the service.
In general, and without prejudice to the fact that the producer’s liability ceases under the same deadlines and conditions established for POLO MARINE SERVICES, S.L., the producer will be responsible for the non-conformity when it concerns the origin, identity, or suitability of the services, according to their nature and purpose and the regulations that govern them.
The producer is understood as the person responsible for a service or the importer thereof in the territory of the European Union or any person who presents themselves as such by indicating their name, brand, or other distinctive sign in the service.
Anyone who has responded to the USER has a one-year period to seek recourse from the party responsible for the non-conformity. This period is calculated from the moment when the rectification was completed.
These conditions will be governed and interpreted in accordance with Spanish law in everything that is not expressly established. The SERVICE PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER’s domicile.
If the USER’s domicile is outside of Spain, the SERVICE PROVIDER and the USER expressly waive any other jurisdiction, submitting to the Courts and Tribunals closest to the town of Valencia (Spain).
