Freedom Luxury, SL.
E-COMMERCE (SERVICES). General Terms and Conditions
GENERAL CONTRACTUAL CONDITIONS 1
Introduction
This contractual document will govern the General Conditions of contracting services (hereinafter, "Conditions") through the website alfanautica.es, owned by Freedom Luxury, SL under the commercial brand of Alfa Náutica, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Website.
These Terms and Conditions will remain published on the website and available to the USER for reproduction and saving as confirmation of the contract. The PROVIDER may modify them at any time. It is the USER's responsibility to read them periodically, as the Terms and Conditions in effect at the time of placing an order will apply.
Contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
He has read, understands and comprehends what is stated here.
This person has the legal capacity to enter into contracts. They assume all the obligations set forth herein.
These conditions will have an indefinite period of validity and will apply to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and aware of current legislation, and reserves the right to unilaterally modify the conditions, without this affecting the terms and conditions that were implemented prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the services contracted by the USER is Freedom Luxury, SL, with registered office in Xátiva, 1 to 6, – 46002 Valencia (València), NIF B98355266 and with customer/USER service telephone number 610211998.
And on the other hand, the USER, registered on the website using a username and password, for which he/she has full responsibility for use and safekeeping, and is responsible for the veracity of the personal data provided to the PROVIDER.
Subject of the contract
The purpose of this contract is to regulate the contractual relationship of sale and purchase created between the PROVIDER and the USER at the moment when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price publicly displayed through the website, of a specific service.
Freedom Luxury, SL.
P. 1 Xátiva, 1 to 6, – 46002 Valencia (València)
Freedom Luxury, SL.
Procurement procedure
To access the 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 freely and voluntarily provide the required personal data, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, undertaking to use them diligently and not to make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that the latter may proceed to the immediate blocking.
Once the user account has been created, you are 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:
1. General contracting clauses.
2. Activation of services.
3. Right of withdrawal.
4. Online claims and dispute resolution. 5. Force majeure.
6. Competition.
7. General information about the offer.
8. Price and validity period of the offer.
9. Transportation expenses.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract. 13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTUAL CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER implies acceptance of these legal terms by the USER. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. SERVICE ACTIVATION
The PROVIDER will not activate any service until it has verified that payment has been made.
Since the order does not involve the physical delivery of any product, the contracted services being downloaded or activated directly from the website, the PROVIDER will inform the USER in advance about the procedure to follow to carry out this download or activation.
Failure to perform the distance contract
In the case of the provision of a service, it will be available from the moment the USER has made the payment for it and may be downloaded or activated according to the conditions of the PROVIDER.
In the event that the contract does not involve the physical delivery of any product, but rather a download activation in a
Freedom Luxury, SL.
P. 2 Xátiva, 1 to 6, – 46002 Valencia (València)
Freedom Luxury, SL.
On the website, the PROVIDER will inform the USER in advance about the procedure to follow to perform this download.
If the contract cannot be executed because the contracted service is not available within the expected timeframe, you will be informed.
The USER is informed of the lack of availability and that they will be entitled to cancel the order and receive a full refund at no cost, and without any liability for damages attributable to the PROVIDER arising from this.
In the event of an unjustified delay by the PROVIDER in returning the full amount, the USER may claim double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of that amount.
The PROVIDER will not assume any responsibility when the download or activation of the service is not carried out, because the data provided by the USER is false, inaccurate or incomplete.
The provision of the service will be considered to have been carried out at the moment when the USER has downloaded or activated the service.
3. RIGHT OF WITHDRAWAL
Withdrawal form: http://alfanautica.es/formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counted from the date of download or activation of the service or from the conclusion of the purchase agreement, to exercise the right of withdrawal. If the PROVIDER does not comply with the duty to provide information and documentation regarding the right of withdrawal, the period for exercising this right will end twelve months after the expiry date of the initial withdrawal period (Article 71 of Law 3/2014, of March 27).
The right of withdrawal may not be applied in the following cases:
1. In software applications that are directly downloaded through the portal or unsealed by the USER after physical delivery.
2. In the provision of services, once the service has been fully performed, when performance has begun, with the prior express consent of the PROVIDER and USER and with the acknowledgment by the latter that he is aware that, once the contract has been fully performed by the PROVIDER, he will have lost his right of withdrawal.
3. In the download or activation of the service whose price depends on fluctuations in the financial market that the PROVIDER cannot control and that may occur during the withdrawal period.
4. In the provision of services made according to the USER's specifications or clearly personalized.
5. In the supply of accommodation services for purposes other than housing, transport of goods, rental of vehicles, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
6. The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
7. The supply of goods which, after delivery and taking into account their nature, have been inseparably mixed with other goods.
8. Contracts in which the consumer has specifically requested the trader to visit them to carry out urgent repair or maintenance operations; during that visit, the trader provides services in addition to those specified in the contract.
Freedom Luxury, SL.
P. 3 Xátiva, 1 to 6, – 46002 Valencia (València)
Freedom Luxury, SL.
specifically requested by the consumer or supplies goods other than replacement parts necessarily used to carry out maintenance or repair operations. The withdrawal must apply to such additional services or goods.
All returns must be communicated to the PROVIDER, requesting a return number through the form provided for this purpose, or by email to info@escuelanauticaalfa.com, indicating the corresponding invoice or order number.
If the return is not made with the original delivery packaging, the PROVIDER may charge the USER for the cost of the same, informing them beforehand through the same communication channel used.
4. ONLINE CLAIMS AND DISPUTE RESOLUTION
Any complaint that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
Postal address: Freedom Luxury, SL, Xátiva, 1 to 6, – 46002 Valencia (Valencia) Telephone: 610211998
E-mail: info@escuelanauticaalfa.com
Online Dispute Resolution
Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online platform for resolving disputes between the USER and the SERVICE PROVIDER without resorting to the courts. This platform facilitates the intervention of a third party, known as a Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.
Link to the ODR platform: http://resolucion-litigios/sec.europa.eu/consumers/odr/
5. FORCE MAJEURE
Neither party shall be liable for any failure to perform its obligations due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.
COVID-19: If, due to mobility restrictions or other reasons related to the rules established in the COVID-19 code, the USER cannot receive the service, the registration fee will be fully refunded or they will have the option to use their reservation until ……………… or a new date proposed by the PROVIDER.
6. COMPETITION
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 invalid or unenforceable, the validity, legality and enforceability of the remaining provisions 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.
7. GENERAL INFORMATION ABOUT THE OFFER
All sales made by the PROVIDER will be subject to these Conditions.
Freedom Luxury, SL.
P. 4 Xátiva, 1 to 6, – 46002 Valencia (València)
Freedom Luxury, SL.
No modification, alteration or agreement contrary to the Commercial Proposal of Freedom Luxury, SL or to what is stipulated herein, will have effect, except by express written agreement signed by the PROVIDER, in which case, these particular agreements will prevail.
Given the continuous technological advancements and service improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as such modifications do not affect the value of the services offered. These modifications will also be valid if, for any reason, the provision of the offered services is affected.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices shown for each service include Value Added Tax (VAT) or other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping, handling, packaging, shipping insurance, or any other additional services related to the purchased service.
The prices applicable to each service are those published on the website and are expressed in Euros. The USER acknowledges that the price of some services may vary in real time.
Before making your purchase, you can check all the details of your quote online: services, quantities, price, availability, charges, discounts, taxes, and the total cost. 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.
All payments made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER when placing the order. This invoice will be sent in paper format along with the purchased product, as well as in PDF format to the email address provided by the USER, provided they have given their express consent for this. The USER is informed that they may revoke this consent at any time by notifying the PROVIDER through any of the means made available to them.
All payments made to the SERVICE PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER when placing the order. This invoice will be delivered in paper format at the time the service is provided. The invoice can also be downloaded in PDF format by accessing the website's management panel with the user account. If you wish to receive it by email, you must request this through any of the means provided by the SERVICE PROVIDER, and please note that you may revoke this decision at any time.
For any information regarding the order, the USER may contact the PROVIDER's customer service telephone number 610211998 or via email to info@escuelanauticaalfa.com.
9. TRANSPORTATION COSTS
There are no transportation costs.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the financial transactions and offers the following payment methods for orders:
PayPal credit card
P. 5
Xátiva, 1 to 6, – 46002 Valencia (València)
Freedom Luxury, SL.
Freedom Luxury, SL.
The USER may use a discount coupon at the time prior to the completion of the purchase if he has received it from the PROVIDER.
Security measures
The website uses industry-standard information security techniques, such as SSL, secure page entry, firewalls, access control procedures, and cryptographic mechanisms, all designed to prevent unauthorized access to data. To achieve these objectives, the USER agrees that the PROVIDER may collect data for the purpose of authenticating access controls.
The PROVIDER agrees not to allow any transaction that is or is considered illegal by credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programs: the sale or offering of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder(s).
11. PURCHASE PROCESS
Basket (budget simulation)
Any service from our catalog can be added to the shopping cart. In the cart, only the selected services, quantity, price, and total amount will be displayed. Once the cart is saved, taxes, fees, and discounts will be calculated based on the entered information.
The baskets have no administrative link; it is only a section where a budget can be simulated without any obligation for either party.
From the shopping cart, you can place an order by following these steps for proper processing:
1. – Verification of billing data.
2. – Verification of the service delivery method (download, activation, etc.). 3. – Selection of the payment method.
4. – Place the order (buy).
Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the order status and the approximate download and/or activation date.
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are deemed illegal, void, or for any reason unenforceable, that condition will be considered severable and will not affect the validity and enforceability of any of the remaining conditions.
Alfa Náutica may, without prior notice, suspend or terminate the USER's access to its services and training, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.
Freedom Luxury, SL.
P. 6 Xátiva, 1 to 6, – 46002 Valencia (València)
Freedom Luxury, SL.
When Alfa Náutica exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power, or remedy that may be available to Alfa Náutica.
13. GUARANTEES AND RETURNS
The guarantee of the services offered will comply with the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws:
Article 114. General principles.
The seller is obliged to deliver to the consumer and user products that conform to the contract, and is responsible to him for any lack of conformity that exists at the time of delivery of the product.
Article 115. Scope of application.
1. The scope of this title includes contracts for the sale of products and contracts for the supply of products that are to be produced or manufactured.
2. The provisions of this title shall not apply to products acquired through judicial sale, to water or gas when they are not packaged for sale in limited volumes or specific quantities, or to electricity. Nor shall they apply to second-hand goods acquired at an administrative auction that consumers and users may attend in person.
Article 116. Conformity of products with the contract.
1. Unless proven otherwise, products shall be deemed to conform to the contract provided they meet all the requirements set out below, unless, due to the circumstances of the case, one of them is not applicable:
a) They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
b) Be suitable for the uses to which products of the same type are ordinarily put.
c) Be suitable for any special use required by the consumer and user when he has made it known to the seller at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for such use.
(d) They possess the quality and performance that consumers and users can reasonably expect from products of the same type, taking into account the nature of the product and, where applicable, any public statements made by the seller, producer, or their representative regarding the specific characteristics of the products, particularly in advertising or labelling. The seller shall not be bound by such public statements if they demonstrate that they were unaware of the statement in question and could not reasonably have been expected to know of it, that the statement had been corrected at the time the contract was concluded, or that the statement could not have influenced the decision to purchase the product.
2. The lack of conformity resulting from incorrect installation of the product shall be considered equivalent to the lack of conformity of the product when the installation is included in the sales or supply contract regulated in article 115.1 and has been carried out by the seller or under his responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.
3. There will be no liability for lack of conformity that the consumer and user knew or could not reasonably have ignored at the time of the conclusion of the contract or that originate from materials supplied by the consumer and user.
Freedom Luxury, SL.
P. 7 Xátiva, 1 to 6, – 46002 Valencia (València)
Freedom Luxury, SL.
Article 117. Incompatibility of actions.
The exercise of the actions contemplated in this title will be incompatible with the exercise of the actions derived from the remedy for hidden defects in the sale.
In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated for the damages arising from the lack of conformity.
Article 118. Seller's responsibility and consumer and user rights.
The consumer and user has the right to repair of the product, to its replacement, to a price reduction or to the termination of the contract, in accordance with the provisions of this title.
Article 119. Repair and replacement of the product.
1. If the product does not conform to the contract, the consumer may choose between demanding repair or replacement, unless one of these options is objectively impossible or disproportionate. From the moment the consumer informs the seller of their chosen option, both parties must abide by it. This decision by the consumer is without prejudice to the provisions of the following article for cases in which repair or replacement fails to bring the product into conformity with the contract.
2. Any form of remedy that imposes unreasonable costs on the seller compared to the other form of remedy shall be considered disproportionate, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the consumer and user.
To determine whether the costs are unreasonable, the expenses for one form of sanitation must also be considerably higher than the expenses for the other form of sanitation.
Article 120. Legal regime for the repair or replacement of the product.
Repair and replacement will be subject to the following rules:
a) They will be free of charge for the consumer and user. This free service will include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as the costs related to labor and materials.
b) They must be carried out within a reasonable time and without major inconvenience to the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.
(c) Repair suspends the time limits referred to in Article 123. The suspension period begins when the consumer makes the product available to the seller and ends when the repaired product is delivered to the consumer. For six months after delivery of the repaired product, the seller will be liable for the lack of conformity that led to the repair, and it will be presumed that it is the same lack of conformity when defects of the same origin as those initially manifested reappear in the product.
d) If, after the repair has been completed and the product has been delivered, it is still not in accordance with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided in this chapter.
(e) The replacement suspends the time limits referred to in Article 123 from the moment the consumer exercises their option until the new product is delivered. In any case, Article 123.1, second paragraph, shall apply to the replacement product.
f) If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided in this chapter.
Freedom Luxury, SL.
P. 8 Xátiva, 1 to 6, – 46002 Valencia (València)
Freedom Luxury, SL.
g) The consumer and user may not demand replacement in the case of non-fungible products, nor when it comes to second-hand products.
Article 121. Price reduction and termination of the contract.
The price reduction and contract termination will be available, at the consumer's option, when they cannot demand repair or replacement, or when these have not been carried out within a reasonable time or without significant inconvenience to the consumer. Termination will not be available when the lack of conformity is minor.
NOTE pursuant to Article 108.2: The USER is informed that they will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics, or functioning. Under no circumstances will they be liable for any diminished value of the goods if the trader has not informed them of their right of withdrawal pursuant to Article 97.1.i).
Article 122. Criteria for price reduction.
The price reduction will be proportional to the difference between the value the product would have had at the time of delivery had it conformed to the contract and the value the product actually delivered had at the time of said delivery.
Article 123. Time limits.
1. The seller is liable for any lack of conformity that becomes apparent within two years of delivery. For second-hand goods, the seller and the consumer may agree on a shorter period, which may not be less than one year from delivery.
Unless proven otherwise, it shall be presumed that any lack of conformity that appears within six months of delivery of the product, whether new or second-hand, already existed when the item was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless proven otherwise, delivery is understood to be made on the date shown on the invoice or purchase receipt, or on the corresponding delivery note if this is later.
3. The seller is obliged to provide the consumer or user who exercises their right to repair or replacement with documentary proof of delivery of the product, stating the delivery date and the lack of conformity that gives rise to the exercise of the right.
Similarly, along with the repaired or replaced product, the seller will provide the consumer or user with documentary proof of delivery stating the date of delivery and, where applicable, the repair carried out.
4. The right to bring an action to claim compliance with the provisions of Chapter II of this title shall expire three years after delivery of the product.
5. The consumer must inform the seller of any lack of conformity within two months of becoming aware of it. Failure to comply with this deadline will not result in the loss of the right to the corresponding remedy; however, the consumer will be liable for any damages actually caused by the delay in notification.
Unless proven otherwise, it will be understood that the communication from the consumer and user has taken place within the established period.
Article 124. Action against the producer.
When it is impossible or excessively burdensome for the consumer to take action against the seller regarding the lack of conformity of the products with the contract, they may claim directly against the producer in order to obtain the replacement or repair of the product.
Freedom Luxury, SL.
P. 9 Xátiva, 1 to 6, – 46002 Valencia (València)
Freedom Luxury, SL.
In general, and without prejudice to the fact that the producer's responsibility ceases, for the purposes of this title, within the same time limits and conditions as those established for the seller, the producer will be liable for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
The party responsible for the consumer has one year to seek reimbursement from the party responsible for the lack of conformity. This period begins from the date the remedy was completed.
14. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with Spanish law in all matters not expressly provided for herein. The PROVIDER and the USER agree to submit to the courts of the USER's domicile any dispute that may arise from the provision of the products or services covered by these Terms and Conditions.
If the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive
to any other forum, submitting to the Dispute Resolution Body that will act as intermediary between both parties pursuant to Article 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts. For more information, please see clause "4. CLAIMS AND ONLINE DISPUTE RESOLUTION" of these Terms.
P. 10 Xátiva, 1 to 6, – 46002 Valencia (València)
Freedom Luxury, SL.
Freedom Luxury, SL.
E-COMMERCE. Online Dispute Resolution
Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online platform for resolving disputes between the USER and the SERVICE PROVIDER without resorting to the courts. This platform facilitates the intervention of a third party, known as a Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.
Link to the ODR platform: http://resolucion-litigios/sec.europa.eu/consumers/odr/
P. 1 Xátiva, 1 to 6, – 46002 Valencia (València)
Freedom Luxury, SL.