GENERAL CONDITIONS OF SALE
Dolsym
1. GENERAL INFORMATION
The ownership of this website Dolsym, (hereinafter Website) is held by: , and whose contact details are:

Address: Teular del Llonganisser 12 03003 ALCOY

Contact phone: +34 678 960 865

Contact email: info@dolsym.net

This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (Dolsym) and the purchase or acquisition of products and / or services on it (hereinafter, Conditions).

For the purposes of these Conditions it is understood that the activity that https://www.dolsym.net / develops through the Website comprises:

Marketing of aquatic products

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of https://www.dolsym.net By using this Website or by making and/ or requesting the purchase of a product and/ or service through it, the User consents to be bound by these Conditions and by all of the aforementioned, so if he/she does not agree with all of it, he/she should not use this Website.

It is also informed that these Conditions could be modified. The User is responsible for consulting them every time he accesses, browses and / or uses the Website since those that are in force at the time the purchase of products and / or services is requested will be applicable.

For all questions that the User may have regarding the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER
The access, navigation and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so all the Conditions established here are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

Make use of this Website only to make legally valid inquiries and purchases or acquisitions.

Not to make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed.

Provide truthful and lawful contact data, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.

The User may formalize, at his choice, with https://www.dolsym.net / the contract of sale of the desired products and/ or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users can purchase on the Website by the established means and ways. They must follow the online purchase and/or acquisition procedure of Dolsym, during which several products and /or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “Pay Now”

Likewise, the User must fill in and / or verify the information that is requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

The User will then receive an email confirming that https://www.dolsym.net / you have received your order or request for purchase and/or provision of the service, i.e. the order confirmation. And, if applicable, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through their personal connection space to the Website.

Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User via email and, where appropriate, through his personal connection space to the Website. Likewise, the User can, if he wishes, obtain a copy of his paper invoice, requesting it from https://www.dolsym.net / using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/ or service in question and that are shown next to the presentation or, where appropriate, image of it on his Website page, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / or cost of the services; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be archived and kept in the computerized records of https://www.dolsym.net / in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

4. AVAILABILITY
All purchase orders received by https://www.dolsym.net / through the Website are subject to the availability of the products and / or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and / or the provision of the services. If there are difficulties in the supply of products or there are no products left in stock, https://www.dolsym.net / undertakes to contact the User and refund any amount that may have been paid as an amount. This will also be applicable in cases where the provision of a service becomes unrealizable.

5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless due to legal requirements, especially regarding VAT, a different issue is indicated and applied.

The shipping costs are not included in the final prices of the products as shown on the Website. Thus, https://www.dolsym.net / performs the delivery and/ or shipping services through: Correos.

In no case will the Website add additional costs to the price of a product or a service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already.

The accepted means of payment will be: Credit or debit card
https://www.dolsym.net / uses all means to ensure the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

The credit cards will be subject to checks and authorizations by the bank issuing them, if said bank does not authorize the payment, https://www.dolsym.net / will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once that https://www.dolsym.net / if the User receives the purchase order through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the shipping confirmation and / or confirmation of the service being provided is sent to the User in the established form and, where appropriate, place.

In any case, by clicking on “Pay Now” the User confirms that the payment method used is his.

6. DELIVERY
In cases where it is necessary to make the physical delivery of the contracted good, the deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands), European Union
With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, which was attributable to him, https://www.dolsym.net / could not meet the delivery date, will contact the User to inform him of this circumstance and, he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. In any case, home deliveries are made on working days.

If it turns out to be impossible to make the delivery of the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to arrange for it to be delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he must contact https://www.dolsym.net / to arrange the delivery another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for a reason not attributable to https://www.dolsym.net /, https://www.dolsym.net / it will be understood that the User wishes to withdraw from the contract and it will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned to him, with the exception of additional expenses resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.

For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires physical possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when https://www.dolsym.net / receives full payment of all amounts due in relation to the purchase or purchase made, including shipping costs, or at the time of delivery, if this takes place at a time after the full receipt of the amount to be paid by https://www.dolsym.net /.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any time depending on the specific article in question.

In the same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006 on the common VAT system, purchase orders will be located, for delivery and/ or provision, in that Member State of the European Union where the address listed in the purchase order is located and, therefore, the applicable VAT will be the one in force in that Member State.

7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case he detects that an error has occurred when entering the data necessary to process his purchase request on the Website, he may modify them by contacting https://www.dolsym.net / through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact the customer service, and / or using the contact details provided in the first clause (General information). Likewise, these information could also be corrected by the User through his personal connection space to the Website.

In any case, the User, before clicking on “Pay Now”, has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal data and guarantee of digital rights.

8. RETURNS

In the cases in which the User acquires products on or through the Owner’s Website, he is assisted by a series of rights, as listed and described below:

Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from such purchase within 14 calendar days without the need for justification.

This withdrawal period will expire after 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the goods purchased on the Website of https://www.dolsym.net / or in the event that the goods that make up your order are delivered separately, 14 calendar days after the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of conclusion of the contract.

To exercise this right of withdrawal, the User must notify his decision to https://www.dolsym.net /. You may do so, where appropriate, through the contact spaces enabled on the Website.

The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that https://www.dolsym.net / makes available to you as an attached part of these Conditions, however, its use is not mandatory.

To comply with the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding deadline expires.

In case of withdrawal, https://www.dolsym.net / will refund to the User all payments received, including the shipping costs (with the exception of the additional costs chosen by the User for a shipping method different from the least expensive mode offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which https://www.dolsym.net / is informed of the decision to desist by the User.

https://www.dolsym.net / will refund the User using the same payment method that the User used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, https://www.dolsym.net / it may withhold such refund until it has received the products or items of the purchase, or until the User presents proof of the return of the same, depending on which condition is met first.

The User may return or send the products to https://www.dolsym.net / in: Teular del Llonganisser 12 03003 ALCOY

And shall do so without undue delay and in any event not later than within 14 calendar days from the date on which https://www.dolsym.net / was informed of the withdrawal decision.

The User acknowledges knowing that he must assume the direct cost of returning (transport, delivery) of the goods, if any is incurred. In addition, it will be responsible for the decrease in value of the products resulting from a handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges to know that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: personalized products; products that may deteriorate or expire quickly; Music or video CDs/DVDs without their packaging, as sealed at the factory; products that are sealed for hygiene or health reasons and have been unsealed after delivery.

In the same sense, the provision of a service that the User could contract on this Website is governed, because this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by https://www.dolsym.net /, you will have lost your right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of it, of products that are not in the same condition in which they were delivered or that have suffered some damage after delivery.

Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that accompany them, as well as a copy of the purchase invoice.

The Model withdrawal form can be downloaded from the following link:

Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, he should contact https://www.dolsym.net / immediately and let you know the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, if applicable, the replacement thereof.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is due.

The amount paid for those products that are returned due to a defect, when it really exists, will be refunded in full, including the delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always be respected.

Guarantees
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the legally established terms for each type of product, responding https://www.dolsym.net /, therefore, due to the lack of conformity of the same that manifests itself within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by https://www.dolsym.net / and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and performance of a product of the same type and that are fundamentally to be expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in the shipment. However, some of the products that are marketed on the Website may have non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, he also has the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise his legal warranty right directly against them during the two years following the delivery of said products. To do this, the User must have kept all the information regarding the warranty of the products.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, https://www.dolsym.net / will not accept any responsibility for the following losses, regardless of their origin:

any losses that were not attributable to any breach by you;

business losses (including lost profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or

any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was formalized between both parties.

Likewise, https://www.dolsym.net / it also limits its liability as to the following cases:

https://www.dolsym.net / applies all the measures concerning to provide a faithful visualization of the product on the Website, however it is not responsible for the minimal differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser that is used or others of this nature.
https://www.dolsym.net / will act with the utmost diligence in order to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, roadblocks, and in general any others specific to the sector, which result in delays, losses or theft of the product.
Technical failures that due to fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. https://www.dolsym.net / it puts all the means at its disposal in order to carry out the purchase process, payment and shipping / delivery of the products, however it disclaims responsibility for causes that are not attributable to it, fortuitous event or force majeure.
https://www.dolsym.net / will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, https://www.dolsym.net / nor will it be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
In general, https://www.dolsym.net / it will not be responsible for any breach or delay in fulfilling any of the obligations assumed, when the same is due to events that are beyond its reasonable control, that is, that are due to force majeure, and this may include, by way of example but not exhaustive:
Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, boats, airplanes, motor transports or other means of transport, public or private.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended for the period in which the force majeure event continues, and https://www.dolsym.net / you will have an extension in the deadline to comply with them for a period of time equal to the duration of the force majeure event. https://www.dolsym.net / he will use all reasonable means to find a solution that allows him to fulfill his obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with https://www.dolsym.net / are electronic (e-mail or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that any contract, notification, information and other communications that https://www.dolsym.net / send electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with https://www.dolsym.net / through the contact details provided in these Conditions and, where appropriate, through the contact spaces of the Website.

Likewise, unless otherwise stipulated, https://www.dolsym.net / you can contact and/ or notify the User at his email or at the postal address provided.

11. RESIGNATION
No waiver of https://www.dolsym.net / to a specific legal right or action or the lack of a request by https://www.dolsym.net / strict compliance by the User with any of his obligations will not imply, nor will it waive other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from fulfilling his obligations.

No waiver of https://www.dolsym.net / any of these Conditions or the rights or actions derived from a contract will take effect, unless it is expressly stated that it is a waiver and it is formalized and communicated to the User in writing.

12. NULLITY
If any of these Conditions are declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. FULL AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement existing between the User and https://www.dolsym.net / in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties.

The User and https://www.dolsym.net / they acknowledge that they have consented to the conclusion of a contract without having relied on any declaration or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION
The information or personal data that the User provides to https://www.dolsym.net / in the course of a transaction on the Website, they will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is truthful.

15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and/ or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between https://www.dolsym.net / and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS
The user can get to https://www.dolsym.net / your complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, https://www.dolsym.net / it has official complaint forms available to consumers and users, and that they can request to https://www.dolsym.net / at any time, using the contact details provided at the beginning of these Conditions (General Information).

Also, if from the conclusion of this purchase agreement between https://www.dolsym.net / and the User issues a dispute, the User as a consumer can request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr /.