Ownership of the domain www.masquenautica.com
In compliance with Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSICE), we inform you that the ownership of the domain of our virtual shop, www.masquenautica.com, corresponds to Efectos Navales Jesus Betanzos, S.L., society legally constituted in Spain with CIF B-36.784.270 and registered in the Mercantile Registry of Pontevedra, Folio 195, Book 1.549 of Societies, Inscription 1ª, Leaf nº PO13.328, with date 14 of January of 1995, from now on Masquenautica.
Subject matter and scope
The purpose of these General Conditions of contracting and use is to regulate the provision of the information supplied in Masquenautica's online shop, as well as the commercial transactions that arise between Masquenautica and the users of the domain www.masquenautica.com. Both browsing the online shop and the acquisition of any of the products offered in it, imply the acceptance as a user, without reservations of any kind, of each and every one of these general conditions of contracting and use. Masquenautica may, at any time and without prior notice, modify these general conditions of contracting and use, as well as the particular conditions that, where appropriate, are included, by publishing these modifications in the shop so that they can be known by the users, and the date of these modifications will be recorded.
Information provided on the website
Masquenautica reserves the right to modify the commercial offer (products, prices, promotions and other commercial and service conditions) presented on www.masquenautica.com at any time. We make every effort to offer the information contained in the website truthfully and without typographical errors. In the event of any error of this type occurring at any time, beyond the control of www.masquenautica.com, it will be corrected immediately. In the event that there is a typographical error in any of the prices shown and a customer has decided to purchase based on this error, we will inform the customer of this error and the customer will have the right to cancel the purchase without any cost on their part. Similarly, it is possible that the contents of the website may sometimes show provisional information about some products. In the event that the information provided does not correspond to the characteristics of the product, the customer will have the right to cancel the purchase without any cost on their part.
Masquenautica is neither directly nor indirectly responsible for any of the information, content, statements and expressions contained in the products marketed on the website. This responsibility lies at all times with the publishers or distributors of these products.
Responsibility of Masquenautica
The products presented on the website comply with Spanish legislation. Masquenautica's responsibility cannot be invoked in the case of products that do not comply with the legislation of the countries to which they may have been sent according to the customer's order. It is therefore up to customers outside Spain to verify the possibility of importing or using the products they order from us. Likewise, Masquenautica is not responsible for any fraudulent or criminal use that users may make of the products purchased on our website.
The user assumes all liability arising from the use of our website, being solely responsible for any direct or indirect effect on the website arising, including, but not limited to, any adverse economic, technical and / or legal result, as well as the disappointment of the expectations generated by our website, the user agrees to hold harmless E. N. J. Betanzos for any claims arising directly or indirectly from such events.
Masquenautica is not responsible for any damages that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in users' computer apparatus and equipment, caused by reasons beyond the control of Masquenautica, that prevent or delay the provision of services or navigation through the shop, or delays or blockages in use caused by deficiencies or overloading of the Internet or other electronic systems, or the inability to provide the service or allow access for reasons not attributable to Masquenautica, due to the user, third parties, or force majeure. Masquenautica does not control, in general, the use that users make of the website. In particular, Masquenautica does not guarantee under any circumstances that users use the website in accordance with the law, these General Conditions, morality and generally accepted good customs and public order, nor that they do so in a diligent and prudent manner.
Obligations of customers and users
In general, the user is obliged to comply with these general conditions, as well as to comply with the special warnings or instructions for use contained therein or on the website and always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and refraining from using the website in any way that may prevent, damage or impair the normal operation of the same, the property or rights of Masquenautica, its suppliers, other users or in general any third party. It is forbidden the access and use of the portal to minors without the express consent of their parents, E. N. J. Betanzos is not responsible for the veracity and accuracy of the data filled in by the user and therefore can not verify the age of the same.
Specifically, and without this implying any restriction to the previous section, during the use of the website www.masquenautica.com the user undertakes to:
a) To provide truthful information about the data requested in the user registration form or when placing an order, and to keep them up to date.
b) Not to enter, store or disseminate on or from the website any information or material that is defamatory, libellous, obscene, threatening, xenophobic, incites violence or discrimination on grounds of race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, current legislation.
c) Not to introduce, store or disseminate through the shop any programme, data, virus, code or any other electronic or physical device that may cause damage to the website, to any of the services, or to any of the equipment, systems or networks of Masquenautica, of any other user, of Masquenautica's suppliers or in general of any third party.
d) Diligently keep the "user name" and "password" provided by Masquenautica, assuming responsibility for any damages that may arise from improper use of the same.
e) Not to carry out advertising or commercial exploitation activities through the website, and not to use its contents and information to send advertising, or to send messages for any other commercial purpose, or to collect or store personal data of third parties.
f) Not to use false identities, nor impersonate the identity of others in the use of the website or in the use of any of its services, including the use of passwords or access codes of third parties or in any other way.
g) Not to destroy, alter, use for use, render useless or damage the data, information, programmes or electronic documents of Masquenautica, its suppliers or third parties.
h) Not to introduce, store or disseminate through the shop any content that infringes the intellectual or industrial property rights or business secrets of third parties, or in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.
The customer undertakes to enable the delivery of the requested order by providing a delivery address to which the requested order can be delivered during normal delivery hours. In case of non-compliance by the customer with this obligation Masquenautica shall have no liability for the delay or impossibility of delivery of the order requested by the customer.
Placing the order
To place an order it is necessary to connect to www.masquenautica.com, and register as a user, filling in the electronic form that appears in the shop at all times and following the instructions indicated therein. After registration, and to proceed with the purchase of products, you must include the product you wish to purchase in the basket, according to the instructions on the screen, filling in the order form provided and validating it.
The prices and offers presented on the website are valid only and exclusively for online orders placed at www.masquenautica.com and may not coincide with the prices and offers in force in the E. N. Jesús Betanzos shop.
The validation of the order by the customer expressly implies knowledge and acceptance of these general terms and conditions as part of the conclusion of the contract. Unless proven otherwise, the data recorded by Masquenautica constitutes proof of all transactions carried out between Masquenautica and its customers.
Masquenautica will archive the electronic document in which the contract is formalised and it will be accessible.
Once the purchase has been made and as soon as possible, Masquenautica Customer Service will send you a confirmation of purchase by e-mail. If you do not agree with the information contained in this confirmation, you may request the modification or cancellation of the contract.
The selection of products offered on www.masquenautica.com is valid as long as the products are visible on the website, within the limits of available stock.
In the event of any stock shortage or unavailability of an article, Masquenautica will inform you immediately and will give you a new delivery date or proceed to cancel the order free of charge. In any case, a delay in delivery with respect to the delivery times indicated shall not entitle the customer to claim any compensation whatsoever.
The order will be prepared on the same working day of receipt of the order and payment confirmation, if this is received before 13:00. If received after this time, the order will be dispatched on the next working day following receipt of the order.
Methods of payment
In order for you to choose the payment method that suits you best, you can choose from the following methods:
1.- Bank transfer:
If you choose this method of payment when placing your order, you must send us proof of the transfer by e-mail to email@example.com or by fax to 986.208.295, in order to send it to us.
Our bank account is:
Beneficiary: E.N. Jesús Betanzos, S.L.
Bank: A BANCA
Account number: 2080-5016-02-3040017447
2.- Payment by credit card.
Payment by Visa and MasterCard and 6000/Maestro debit cards is available. The process is totally unrelated to Masquenautica and is carried out in a totally secure environment managed by our own banking agency (Abanca), the data relating to your credit card is encrypted using the SSL security protocol and transmitted directly to the corresponding financial entity, which is the one that carries out this process and accepts or rejects the payment. In this way, the only people who know the card details are the customer, their bank and Abanca. E. N. Jesús Betanzos, S.L. does not have access to these data and only receives confirmation of payment from the latter.
Shipping and/or handling costs are not included in the price and will be shown before finalising the purchase, depending on the delivery address of each order. Shipping costs to the Canary Islands, Ceuta, Melilla and areas outside the European Customs Union do not include import costs (customs duties), which will be paid in cash at destination by the recipient of the goods.
If you are not satisfied with your purchase, you can contact us by e-mail: firstname.lastname@example.org or by telephone 986.232.212 within a maximum period of 7 calendar days from receipt of the order, clearly indicating what the problem is.
If the package arrives in poor condition due to the transport, this must be stated on the delivery note of the carrier or even not accept the delivery. It is essential that you contact us within 24 hours of delivery. In this way, the relevant transport insurance claim can be processed.
The deadline for processing a return will be 7 days from the date of receipt by the customer. To make a return you must always contact us beforehand to accept the return. Only previously authorised returns will be accepted. Once authorised, you will be assigned a return number and you will be given the details for the shipment.
Circumstances that may trigger a return are as follows:
a) Original defective product: Once Masquenautica receives the defective product, another one will be sent to you. In this case the exchange will always be made for the same article or reference. You will only be invoiced for the first shipment, and Masquenautica will be responsible for the return and new shipment costs. If you wish to exchange your order for another article, Masquenautica will not be responsible for the return and reshipment costs.
b) Product that, by mistake, does not correspond to the one ordered: Masquenautica will bear the cost of collecting the wrong product and delivering the one corresponding to the one ordered.
All goods must be returned in their original packaging, in perfect condition and protected in such a way that it is not received with seals or adhesive transport tapes. Otherwise E. N. Jesús Betanzos, S.L. reserves the right to refuse the return. The returns must be delivered at destination within 7 days after the date of acceptance of the return. Otherwise it will be rejected and returned. Once the goods have been received and checked to ensure that they are in perfect condition, the amount will be refunded if requested. The transport costs arising from the return shall be borne by the customer. The amount of the transport of the initial delivery will be discounted from the amount of the return.
Reimbursement of amounts paid
The refund will be made through the payment method used for the purchase, except in the case of payment on delivery. In this case, the refund will be made by bank transfer. In the case of total or partial payments made by cheque-gift, these cannot be refunded in cash, by transfer or by credit card. The reimbursement of purchases made by gift cheque will be made exclusively by means of a gift cheque for the same amount as that paid by this means of payment.
Masquenautica will not refund the amount or make any reshipment of goods until we have verified the receipt and condition of packaging and accessories of the item being returned or exchanged in our warehouses. The price to be refunded is the price originally stated in the order, except for transport costs, which will only be refunded if Masquenautica is responsible for the reason for returning the product. Once the correct condition of the returned product has been verified, Masquenautica will proceed to reimburse the amount within a maximum period of 30 days.
The products have the legal guarantees applicable according to the applicable law.
Applicable law. Submission to jurisdictions
Purchases and sales made on www.masquenautica.com are subject to Spanish legislation. In the event of any conflict or discrepancy arising in the interpretation or application of these conditions, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Pontevedra (Spain).
These General Terms and Conditions are current as of 01/08/2010.
E. N. Jesús Betanzos, S.L. Pontevedra Register of Companies, Folio 195, Book 1.549 of Companies, Inscription 1ª, Page nº PO-13.328, dated January 14th 1995 C.I.F.: B-36.784.270
*****SALE OF PYROTECHNIC PRODUCTS****
ROYAL DECREE 563/2010, OF 7 MAY 2010, APPROVING THE REGULATION OF PYROTECHNIC ARTICLES AND CARTRIDGES.
CHAPTER II : SALE AND MAKING AVAILABLE TO THE PUBLIC OF PYROTECHNIC ARTICLES AND CARTRIDGE CASES
ART. 124.2 IT IS EXPRESSLY FORBIDDEN TO SEND PRODUCTS THAT HAVE BEEN SOLD TO THE PUBLIC BY MAIL, TELEPHONE OR COMPUTERISED MEANS. THE DELIVERY OF THE PRODUCTS SHALL BE CARRIED OUT WITH THE OBLIGATORY PRESENCE OF THE PURCHASER AT THE PLACE OF SALE.