1.- Background information
These Terms and Conditions of Use (hereinafter referred to as the 'Terms and Conditions') shall govern the purchase and sale of the products that CASCO ANTIGUO COMERCIAL, S.L. (hereinafter referred to as 'CASCO ANTIGUO') sells through its website https://www.cascoantiguo.com/en/ (hereinafter referred to as the 'Website').
These are CASCO ANTIGUO's data:
• Trade name: CASCO ANTIGUO COMERCIAL, S.L.
• Registered address: Calle Jorge juan, 118, Madrid, 28028, Madrid, Spain.
• Tax ID number (NIF): B-79683579
• Phone number: 638 239 617
• Email address: firstname.lastname@example.org.
2.- Acceptance of the Terms and Conditions of Use and access to the Website
By using the Website services, the user accepts these Terms and Conditions, which establish the rights and obligations of CASCO ANTIGUO's Website. These are the only Terms and Conditions applicable to the use of the Website (without prejudice to specific conditions for certain services) and to the placement of orders through the Website, replacing any other conditions.
The term website 'Users' refers to any person that uses or is registered on the Website. Any person may use or register on the Website provided that they agree to the Terms and Conditions and all other policies and principles governing the Platform as set out below.
The Services rendered through this Website are governed by: (i) these Terms and Conditions; (ii) the Specific Conditions that may be published on the Website (iii) the current and applicable laws, sector specific regulations, and general criteria and practices.
User registration is not required to access the Website. However, in order to purchase any of the products offered by CASCO ANTIGUO, users shall register, and CASCO ANTIGUO shall check and accept the order, in accordance with these conditions, before completing the corresponding order.
3.- Acceptance of Specific Conditions
Access to certain content and the use of services may be subject to specific conditions, which, depending on the case, shall replace, complete and/or modify these Terms and Conditions and, in the event of inconsistency, the terms of the specific conditions shall prevail over the Terms and Conditions.
Before using and/or requesting such specific services offered through the CASCO ANTIGUO Website, Users shall read carefully the specific conditions, if any, established for that purpose by CASCO ANTIGUO. The use, reservation, and/or request of such specific services implies the acceptance of the governing Terms and Conditions in the version published by CASCO ANTIGUO at the moment in which such use, reservation, and/or hiring through the Website takes place.
This Website has been developed by CASCO ANTIGUO with the purpose of offering users the possibility to purchase technical, recreational, and professional diving equipment and items (hereinafter, the 'Products').
When choosing CASCO ANTIGUO Products, the user shall select the corresponding Product available on the Website. The purpose of these general conditions is to regulate the sale of these Products to users.
5.- Users' Account.
The Website offers Users the possibility of creating an account through an online form that shall be filled in with required data.
Users shall be fully responsible for the way in which their accounts are used. Consequently, Users shall be held liable for the proper safekeeping and confidentiality of their access username and/or passwords, as well as all data that allow access to their accounts, and they agree not to transfer them to third parties, either temporarily or permanently, nor to allow third parties to access them.
By virtue of the foregoing, Users shall immediately send an e-mail to email@example.com notifying CASCO ANTIGUO of any improper use of their Username and/or password due to circumstances such as theft, loss, or unauthorized access, so that CASCO ANTIGUO can proceed to their cancellation, block, and/or disabling as soon as CASCO ANTIGUO becomes aware of the improper use of User Accounts. If such facts are not reported, CASCO ANTIGUO shall be exempted from any liability that may arise from the improper use of the Usernames or passwords by unauthorized third parties.
6.- Use of the Website
Users agree to make lawful, diligent, honest, and correct use of any information or content accessed through the Website under the principles of good faith, respecting, at all times, the law in force and these Terms and Conditions.
CASCO ANTIGUO reserves the right to cancel the membership of Users that misuse their accounts, carry out fraudulent acts, or damage or could damage CASCO ANTIGUO.
Should CASCO ANTIGUO detect any anomaly or reasonable grounds are found proving that a User is carrying out any fraudulent acts which are against good faith and these Terms and Conditions, CASCO ANTIGUO reserves the right to remove that User, including all those benefited directly or indirectly from that action, and may also take any appropriate legal action. In this sense, CASCO ANTIGUO declares to have set up the appropriate mechanisms to detect any possible fraudulent, anomalous, or malicious actions that may attempt to alter the general conditions for the use of the user account.
7.- Orders and conditions of sale
CASCO ANTIGUO ships orders to all countries in the European Union and to other countries listed on the Website.
Users may purchase products by completing a form on the Website or by means of the user account.
The User may cancel the order at no additional cost as long as the product has not been invoiced and sent by the delivery company. Once the product is out of CASCO ANTIGUO's facilities, the User may reject it to the carrier, paying all transport costs that may have arisen.
The Website facilitates the acquisition of Products offered therein to Users:
Purchasing Products in Stock: The Website shall indicate which Products are available in Stock so that users can purchase them at any time.
Purchasing products out of Stock: The website shall indicate which Products are out of Stock, offering the user the possibility to be informed when Products are available or to pre-order them and purchase them once they become available.
Under no circumstances shall CASCO ANTIGUO intentionally offer more units than the ones available. In the event that the Product is not available once the order has been placed, the User shall be informed of the period in which the products shall be received, offering the possibility of delaying the delivery, replacing the Product with a similar one, or getting a refund.
8.- Prices and payment method
All Product prices on the Website are expressed in Euros as follows:
- For shipments within the European Union, prices include VAT and any other taxes that may apply. The amount corresponding to such tax shall be deducted from the total amount in the event that the Product is shipped to areas exempt from VAT or that the User is liable to VIES.
VAT may be deducted for foreign Users, provided that the order includes (i) passport or ID number, (ii) address, (iii) telephone number, (iv) date of birth, and (v) country of residence.
- For shipments outside the European Union, the Canary Islands, Ceuta, and Melilla, prices do not include VAT or IGIC. The User shall pay the corresponding applicable tax, as well as import fees or customs handling fees.
The User shall gather information on possible variations in these customs fees, as they vary depending on the destination.
Shipping costs are not included in the Product price. Prior to purchasing the Product, the User shall be communicated the exact shipping cost, which shall vary depending on the volume and weight of the Products.
In the event that the User does not pay customs duties arising from a refund, CASCO ANTIGUO shall pay and deduct them from the total amount of the refund. This also applies to delivery costs arising from shipment and refund.
The User may pay the amount corresponding to their order by using the methods accepted on the Website: Payment by debit or credit card, PayPal, bank transfer, or installment payments with Cetelem (being the latter method only valid for Spain).
Once the User completes the purchase, CASCO ANTIGUO shall send an e-mail to confirm purchase details. Said e-mail shall assign a purchase reference code and include details on Product characteristics, price, shipping expenses, as well as data on the selected payment method and the corresponding invoice or receipt once the order has been placed, that is to say, after the acceptance of these Procurement Conditions and the corresponding payment.
The User may also request a printed invoice for purchased Products.
Users are guaranteed that the payment process is absolutely secure in accordance with required security protocols and services.
The User shall notify CASCO ANTIGUO of any undue or fraudulent charge in the payment method selected for the purchases by sending an e-mail to [firstname.lastname@example.org] as soon as possible so that CASCO ANTIGUO can apply the relevant procedures.
9.- Terms, place of delivery and losses
9.1. Product Delivery
The User shall receive the Product at the postal address specified in the purchase process.
CASCO ANTIGUO undertakes to deliver the Product in perfect condition to the postal address provided by the User. In order to improve the delivery process, we kindly ask the User to specify an address to which the order can be delivered during working hours.
CASCO ANTIGUO shall not be held liable for delivery errors if the delivery address specified by the User in the order form is inaccurate, unreal, false, or has been omitted.
Notwithstanding the above, CASCO ANTIGUO undertakes to implement measures within its scope, so that orders can be delivered in due time or, otherwise, as soon as possible to the satisfaction of the receiving party.
In the event that Products are delivered but there is no one to collect them at the delivery address specified by the User, a new delivery shall be attempted.
If another delivery attempt is made but the product is not collected because the receiving party is absent, the shipment shall be rejected, or for any other similar reason, the products shall be returned to CASCO ANTIGUO and the amount shall be refunded to the User, except for shipping expenses.
9.2. Delivery terms and notification
The User shall receive the Product purchased through the Website within the period indicated in the order. The User shall take into account that, on specific dates and holidays (Christmas, Easter, Black Friday, among others) shipping delivery times may be affected by saturation in the means of transport. Therefore, it is recommended to order and/or purchase the items of interest in advance to reach their destination on the dates specified by the User.
CASCO ANTIGUO informs that no deliveries shall be made on Saturdays and Sundays, on national or community holidays, or on those days that coincide with local holidays that could affect related delivery activities.
As previously mentioned in section 7 of these Procurement Conditions, shipping expenses are not included in the price of the Products. However, the User shall be informed of them prior to the Product purchase.
9.3. Delivery due diligence
The User must verify the good condition of the package in the presence of the carrier who delivers the Product.
The User must specify in the delivery note any defect observed in the Product and must report it to CASCO ANTIGUO by sending an e-mail to the following address: [email@example.com]
10.- Information about CASCO ANTIGUO Products
Data included on the Website's Product descriptions contain technical descriptions made by collaborators and manufacturers.
All Product information on the Website is accurate, except for any typo or omission.
Therefore, CASCO ANTIGUO commits to take all the measures within its scope to correct, as soon as possible, informed errors or omissions, and reserves the right to cancel the order and refund the amount paid by the User, who shall be notified.
11.- Refunds and the right of withdrawal
11.1. Refunds for manufacturing defects on the Product
All products offered through the website are completely original unless otherwise stated in their description. Besides, all of them shall have a warranty period of 3 years as of the product reception, in accordance with the criteria and conditions described in the Royal Decree-Law 1/2007 of November 16, which approves the recast text of the General Law for the Protection of Consumers and Users and other complementary laws that may be applicable. This warranty shall be provided by the product supplier.
Users benefit from the warranty given by different manufacturers of each Product. Defects or flaws due to incorrect use or handling of the material as well as wear and tear caused by use are not included in this warranty. Deficiencies in the functionality of these items due to design limitations are also excluded from this warranty.
During the warranty period, the User may return to CASCO ANTIGUO, at no cost, any product that has a manufacturing defect. To execute the refund, the User must contact CASCO ANTIGUO by submitting a form to the REFUNDS section on the Website, specifying the product or products to be returned and a detailed list of detected defects. Once this communication has been received, the support service of CASCO ANTIGUO shall arrange the pick-up of the defective product, which will then be sent to its warehouses at no cost for the User.
In case of a defective product, CASCO ANTIGUO shall proceed, as appropriate, to a repair, replacement, price reduction, or agreement resolution. All these procedures shall be carried out at no cost for the User, who must inform the seller of the non-conformity within a period of two months
We will carefully examine the returned Product and will inform by e-mail, within a reasonable period of time, whether a rebate or replacement (if applicable) is appropriate. The rebate or replacement of the Product shall be made as soon as possible and, in any event, within 14 days from the date of sending an e-mail confirming that the rebate or replacement of the non-conforming product is appropriate.
The amounts paid for Products that are returned because of an actual defect shall be refunded in full, including product delivery expenses and costs arising from the Product return. The refund shall be made by the same payment methods selected for the purchase.
Each returned Product must be unused and with all its labels, packaging and -if applicable- documentation and original accessories that came with it. If the Product is not returned in its original packaging, CASCO ANTIGUO reserves the right to deny a refund.
In any case, rights acknowledged by the legislation in force shall remain unaffected.
11.2. Refund Policy: Possibility of exercising the right of withdrawal regarding the Products.
In the event of non-conformity to the received Product, the User, in accordance with the General Law for the Protection of Consumers and Users, shall return it within a period of 14 calendar days without penalty and without stating any reason.
In any case, the User may return the Products within a period of 30 days as of receipt.
When returning the Product, the User shall bear the direct cost of the refund.
To execute the refund, the User must complete and send the form that is included in the REFUNDS section on this Website.
The User may also complete the Withdrawal Form and send it by post to CASCO ANTIGUO COMERCIAL, S.L., Calle Jorge Juan 118, 28028, Madrid, Spain. The corresponding form, which is attached to these Terms and Conditions, is included as ANNEX 1.
Each returned Product must be in perfect conditions and unused and must have all its labels, packaging, and, where appropriate, the documentation and original accessories or elements that came with it. Besides, the refund form must be duly completed, and a copy of the delivery note, or invoice must be included. If the Product is not returned in its original packaging, CASCO ANTIGUO reserves the right to deny a refund.
Once the Product has been received, CASCO ANTIGUO shall refund paid amounts as soon as possible or within 14 calendar days as of receipt of the Product in CASCO ANTIGUO's warehouses
12.- Intellectual Property
12.1 Intellectual Property related to the Website.
All rights over the content, design, and source code of this Website, including but not limited to, all the rights over the photographs, images, texts, logos, designs, brands, trade names, data included on the Website, and any other intellectual property rights are owned by CASCO ANTIGUO or by third parties who have expressly authorized CASCO ANTIGUO to use them on the Website.
Therefore, by virtue of the provisions of Royal Decree-Law 1/1996, of April 12 which approves the recast text of the Intellectual Property Law that governs, clarifies, and harmonizes the legal provisions in force on the subject, as well as by virtue of Law 17/2001, of December 7, 2001, on Brands and complementary legislation on intellectual property, the reproduction, transmission, adaptation, translation, distribution, public disclosure, including the method of making available, of all or part of the Website content, by any technical or general means, is expressly prohibited, without CASCO ANTIGUO's express written authorization.
CASCO ANTIGUO does not grant any kind of license or use authorization over its intellectual property rights or over any other property or right related to the Website, and in no case shall it be understood that the Users' access and browsing implies waiving, transmission, licensing or total or partial transfer of said rights by CASCO ANTIGUO.
Using these contents for any purpose not previously authorized by CASCO ANTIGUO shall be deemed a serious breach of intellectual property rights and shall give rise to legally established responsibilities.
13.- Exclusion of liability
CASCO ANTIGUO does not grant any warranty nor shall be held liable, in any case, for damages of any nature that may derive from the access or use of the Website content. CASCO ANTIGUO is not responsible for, including, but not limited to, the following circumstances:
i. Manufacturing defects in Products purchased by Users.
ii. The unavailability, lack of maintenance, or effective operation of the Website and/or its services or content, excluding, to the maximum extent permitted by legislation in force, any liability for damages of any nature that may arise due to the Website's unavailability or the lack of operational continuity.
iii. The lack of usefulness of the Website or content for any service.
iv. The content of other websites to which links included on the Website may be redirected.
v. Any virus, as well malicious or harmful programs on the Website.
vi. The illegal, negligent, or fraudulent use, as well as the use against these Conditions or the good faith, of the Website or its content by Users, including any infringement of the Intellectual Property rights of CASCO ANTIGUO or of third parties.
vii. Incidents caused by the lack of due diligence by the User or by improper use of the Website.
viii. The publication on the Website of comments and opinions that violate the rules mentioned in these Procurement Conditions, the applicable law, or the rights of third parties.
ix. Cases of force majeure, including the failure, suspension, or interruption of the Website services or use as a consequence of energy constraints, a block in telecommunications or the Internet network, as well as actions or omissions by third parties, telecommunication operators, or service, supply, and delivery companies or any other causes or circumstances beyond the control of CASCO ANTIGUO that prevent the normal use of the Website.
The website of CASCO ANTIGUO may contain hyperlinks that allow Users to access third-party websites. CASCO ANTIGUO is not liable for the content, information, or services that may appear on such sites, which shall be understood to be offered exclusively for information purposes by CASCO ANTIGUO, and which, under no circumstance, imply any relationship, acceptance, or support between CASCO ANTIGUO and the persons or entities that own such content or the sites in which they may appear.
15.- Resolution of controversies
For the resolution of any controversy, issue, or claim arising directly or indirectly from the interpretation or execution of these Terms and Conditions, the parties waive their own jurisdiction and submit to the jurisdiction of the Courts and Tribunals of the city corresponding to the User's address.
Pursuant to the provisions of General Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, CASCO ANTIGUO informs that, in case of controversy, Users living in the European Union may resort to the "Online Dispute Resolution Platform" developed by the European Commission in order to resolve, out of court, any controversy arising from the provision of services by CASCO ANTIGUO.
The User can access the "Online Dispute Resolution Platform" through the following link: https://ec.europa.eu/consumers/odr/
CASCO ANTIGUO reserves the right to make as many modifications as deemed appropriate in these Procurement Conditions, previously notifying Users.
These modifications shall be deemed valid as soon as they are made available on the Website.
17.- Safeguard clause
PRODUCT WITHDRAWAL FORM
To the attention of:
CASCO ANTIGUO COMERCIAL, S.L.
Calle Jorge Juan 118, 28028, MADRID
I hereby inform you that I withdraw from my sale agreement on the following Product:
[Provide a brief product description]
- Ordered on/received on: [specify date of placement/date of order receipt]
- Order No.:
- User name:
- Email used to make the purchase:
- User's address:
Signature of the User (only if this form is submitted in printed form):