PURCHASE AND RENTAL CONDITIONS
NOOTKA KAYAK SL, as the party responsible for the website, commercial transactions and the processing of personal data and, in compliance with Law 3/2014 on the Defence of Consumers and Users, as well as European Directive 2011/83 and Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), in addition to the current regulations on personal data protection, the European Regulation 2016/679 and the LOPDGDD 3/2018, informs all users that, through this corporate website professional services are offered within the framework of its sector of activity, and to provide transparency about its marketing and treatment, the following terms are reported:
Company (responsible and data controller): NOOTKA KAYAK SL
Address: Passeig Marítim 80, Platja de les Anquines, 08870 Sitges (Barcelona) – SPAIN
Contact Mail: firstname.lastname@example.org
Contact Phone: 938 100 256 – 609 252 412
COMPANY ID. (CIF): B65014169
- NOOTKA KAYAK SL (hereinafter, NOOTKA-KAYAK.COM), is a company specialized in the marketing of sports products and services, owner of the website www.nootka-kayak.com
- Access and use of the website NOOTKA-KAYAK.COM is free.
- The languages of the contents offered are: English, Catalan and Spanish.
- The prices are expressed in euros and include VAT (IVA).
- The company, domiciled in Spain, offers its services internationally.
- The user who wishes to purchase any product or service must be of legal age and comply with the basic rules of access and appropriate authorized use.
PURCHASE PRODUCTS CONDITIONS
- Nootka Kayak SL with address Passeig Marítim 80, Platja de les Anquines, 08870 Sitges (Barcelona) and C.I.F. B-65014169, registered in the Mercantile Register of Barcelona, is a Nautical Sports School and owner of the online shop of www.nootka-kayak.com (hereinafter, NOOTKA or Nootka’s online shop).
- Access to and use of the Nootka online shop is completely free of charge for users.
- The languages of the contents offered within the products and services are English, Catalan and Spanish.
- The Terms and Conditions of Purchase are available to users at all times and can be accessed free of charge, easily and directly. The General Conditions and Conditions of Use of the online shop can be accessed from any of the pages that make up the shop.
- The user can copy and print these Terms and Conditions of Purchase at any time, using the corresponding functions of the browser. In order to purchase any product from the online shop, the purchaser must expressly accept the General Terms and Conditions of Purchase and Use of the Nootka online shop.
- The Conditions of purchase are those published at any given moment in Nootka’s online shop. These Conditions may be modified without prior notice by the owner of the shop, which is why users are recommended to read and review them every time they are going to purchase a product.
ACCESS AND USE OF THE NOOTKA KAYAK ONLINE SHOP AND TERMS AND PURCHASE PRODUCTS CONDITIONS
In compliance with the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.
The products published in Nootka’s online shop are those that are available to users, grouped by different concepts. Each product card identifies its characteristics, price and manufacturer.
Nootka’s online shop reserves the right to make promotions and offers of products and to change them without prior notice.
- Product availability:
In the event that the product ordered is out of stock or a delay in delivery is foreseen, Nootka will contact the user by telephone or email within 48 working hours of receipt and validation of the order. You will be informed of the new delivery time. If you prefer, you may exchange the product for another of the same family, quality and price or be reimbursed. Your bank account, provided for this purpose, will be credited with the amount you have paid, no later than fourteen working days after payment of this amount.
- Limitation of liability:
The information provided by the Nootka online shop on the products offered for sale comes directly from their manufacturers, and therefore no liability is accepted for their content, nor is any guarantee given that the information provided is complete, reliable or current, or that the manufacturer itself has ceased production or has withdrawn the product from the market. The user can obtain further information by contacting the website or customer service department of the manufacturer of the product directly.
Likewise, the photographs published do not always coincide with the product they represent, for example, in colour, drawing or shape. They are published for information purposes only.
The logos or trademarks of manufacturers, which are included in the offer of the products, correspond to their legitimate owners, being the Nootka online shop authorized for the commercial use of the same.
The owner of the website does not give any guarantee and is not responsible, in any case, for damages of any nature that may be caused by:
- The lack of availability, maintenance and effective functioning of the website, or of its services and contents.
- The existence of malware, malicious or harmful programs in the contents;
- Illegal, negligent, fraudulent or contrary to the Legal Notice or the conditions of purchase or purchase;
- The lack of legality, quality, reliability, usefulness and availability of the services provided by third parties and made available to users on the website.
- The damages that may arise from the illegal or improper use of this website.
If you have any doubts about a product, you can send your query to the Customer Service Department before confirming the order.
- Purchase process:
Once the purchase conditions have been read, the user who wishes to purchase a product has to select it and follow all the steps indicated in the purchase process.
The user must fill in the data requested in the personal data section in order to continue with the purchase.
The personal data requested are subject to the regulations on the protection of personal data, as indicated in the Legal Notice and on the same pages of the purchase process.
The successful completion of the purchase process is unequivocal proof of the buyer’s consent to these Terms and Conditions of Purchase.
As soon as Nootka’s online shop receives the order, it sends the user an automatic e-mail message confirming receipt of the order, with the assigned reference number.
Nootka’s online shop will proceed to process the order once it has received the confirmation of the payment made by the user by the different established means.
The user can always identify and correct the data and errors in the introduction of their data by sending an email to the customer service address: email@example.com
The purchase invoice is sent to the customer in PDF© format to the contact e-mail address provided by the customer once the purchase has been confirmed.
All the prices of the products are indicated in Euros, taxes included, except those of expedition or shipment and without including the retentions in origin possibly in charge of the buyer according to the fiscal regulation applicable to certain countries.
The price of the products includes the VAT (IVA) currently in force in Spain.
All product prices will be increased by the cost of shipping or dispatch.
It is essential for the purchase of the product that the payment by the user includes the cost of shipping.
In the purchase process, the amount of the shipping costs of the product ordered is specified according to the method chosen. This amount is added to the price of the product and the total amount to be paid for each order placed is indicated.
For sales made outside the national territory included in the Iberian Peninsula, i.e. the Canary Islands and certain foreign countries, customs duties and/or other local taxes, import duties, State taxes that may be payable and/or applicable, shall be the responsibility of the purchaser, both in terms of declaration and payment to the authorities and/or competent bodies in his country.
Nootka reserves the right to modify its prices in the catalogue at any time, orders will be invoiced on the basis of the rates in force at the time of purchase by the customer.
- Payment Methods:
Payment of 100% of the amount, product or service cost plus shipping, is due immediately at the time of order.
The following methods of payment are accepted:
- Bank transfer to the account indicated in Nootka’s online shop during the purchase process.
- Payment gateway with a financial institution through an intermediary entity between the user and the bank, without the intervention of the shop manager.
These payment methods prevent us from having access to the customer’s bank details.
On the other hand, Nootka does not keep the information relating to your credit card, it only keeps the information relating to your order to ensure its processing and tracking.
- Delivery time:
In the shipping type section, within the purchase process, delivery times are indicated according to the chosen method.
The delivery times begin to count from the moment the order was processed by Nootka, depending on the shipping area.
The delivery times indicated are indicative for the delivery area in the Peninsula and the Balearic Islands and have been provided by the shipping company. Nootka cannot be held responsible for any changes in these delivery times once the order has been processed by a company other than ourselves.
For deliveries outside the national territory, Nootka will communicate to the user through the contact provided, any delay or increase in the delivery time.
- Right of withdrawal:
In accordance with current regulations, the buyer will have a period of 14 working days from the date of receipt of the product to withdraw and return it, having to bear the shipping costs to the seller. And if the cost of the previous shipment to the customer had been borne by the seller, the customer will also have to pay this amount before the return.
If the buyer exercises this right of withdrawal, he is obliged to pay the direct shipping and return costs.
To exercise this right, the buyer must contact Nootka Customer Service or send an email to firstname.lastname@example.org, indicating the exercise of this right of withdrawal from the contract and identifying it with the purchase order number, invoice and product purchased and an account number where the amount paid for the product will be credited.
The product must be returned in its complete original packaging (accessories, brochures, etc.) and with the guarantee seals that prove that it has not been used, with shipping costs being paid by the purchaser.
The refund of the price of the product will be paid into the bank account indicated by the purchaser in the withdrawal notice within a maximum period of 14 working days from receipt of the product, in perfect condition, by Nootka.
All products marketed by Nootka’s online shop enjoy the guarantee period established by the manufacturer.
In the event that the buyer requires warranty service for his product, either for hidden defects, defects or repair, you can contact directly with our Customer Service: email@example.com, where we will provide all the necessary information for processing with the manufacturer.
Repairs that must be carried out as a result of the use of the product or due to poor handling of the product are not considered to be covered by the warranty.
- Costumer Service:
For any information or questions, our customer service is at your disposal:
Nootka Kayak & SUP
Playa de las Anquines, Passeig Marítim 80, 08870 Sitges (Barcelona)
+34 938 100 256
+34 609 252 412
- Data protection and electronic communications:
In compliance with the GDPR 2016/679 and the LOPDGDD 3/2018, Nootka informs users that the communication of their personal data entails the unequivocal consent by the User for the company, to automatically process their personal data and incorporate them into an automated personal data file, with the purpose of:
- to allow the purchase of the products or the contracting of the services offered in Nootka’s online shop,
- to make it easier for the user to obtain information about products/services from Nootka,
- to expedite the processing, management, administration, study, review, acceptance and/or rejection of the orders of the users to contract products/services offered through the online shop, and
- to authorise the sending, by electronic means or on paper, of information relating to the products and services offered by the online shop.
Likewise, Nootka informs the user that, under the terms established in the regulations, he/she may exercise the rights of access, rectification, suppression and portability of his/her data, the limitation or opposition to its processing or withdraw the consent given by sending a registered letter or any other means that accredits the identity of the sender, and that provides proof of its receipt to the person responsible, attaching a copy of the ID card; the person responsible for its processing being the one indicated in the Legal Notice. At the same time, the user may request, within the established legal limits, the protection of the Spanish Data Protection Agency www.aepd.es/es/derechos-y-deberes/conoce-tus-derechos
Nootka undertakes to keep and store the personal data provided by the User in a confidential manner, guaranteeing that the server on which said data will be stored and processed has the necessary security measures to prevent access to said data by unauthorised third parties.
Without prejudice to the foregoing, Nootka may disclose to the competent Public Authorities the personal data and any other information in its possession through its computer systems and which is required of it, in accordance with the applicable legal and regulatory provisions.
In order to facilitate the purchase and to receive information of new products, the user authorizes Nootka , to send him advertising by mail or e-mail about the products and services offered in the online shop, in accordance with the Law 34/2002 of Services for the Society of the Information and Electronic Commerce.
- European Consumer Law
The European Commission has a platform at European level (ODR) for consumers and businesses in the EU to resolve disputes related to the online purchase of products and services without having to go to court: http://ec.europa.eu/odr and to be able to make any complaint related to electronic transactions.
- Jurisdiction and Applicable Law
The Contract and Conditions of Use of this website and all situations that may arise from it shall be governed by Spanish law. In the event of any controversy that may arise from accessing or using this website, the user expressly waives his/her own forum and submits to the jurisdiction of the Courts and Tribunals of Barcelona (Spain).
The present contract will be interpreted and will be governed in accordance with the Spanish legislation in force, regulated, for the electronic contracts by the Law 34/2002, of July 11, of Services of the Society of the Information and Electronic Commerce, by the General Conditions of Purchase, by the laws of Retail Trade, Consumers and Users and those legally applicable.
Nootka and the user submit any dispute that may arise or be related to the interpretation or controversy resulting from the present contract, expressly waiving any other jurisdiction that may correspond to them, to the courts and tribunals of Barcelona.
These legal conditions have been updated in March 2021.
CONDITIONS FOR CONTRACTING ACTIVITIES
1.- The activities offered are subject to the conditions of the environment in which they take place and of the people taking part, and may therefore be subject to changes before or even during the activity (weather, sea conditions, etc.). The impossibility of carrying out the contracted activity due to weather conditions is not a reason for reimbursement. In this case, Nootka will offer an alternative activity if possible.
2.- The client is obliged to inform before contracting the activity about any limiting or pathological physical condition that may pose a risk to his/her own physical integrity or that of others, such as possible pregnancy, paraplegia, cardiovascular diseases or any other disease or dysfunction. Likewise, they undertake not to be under the influence of alcohol, drugs and/or narcotics, as well as any other medication that may affect their capacity to react.
3.- In order to participate in the aquatic activities, it is essential to know how to swim. The minimum ages required to participate in each activity are specified on the activity sheet. Minors must have authorisation or be accompanied by a responsible person.
4.- Access to activities will be limited or any person who does not comply with the following criteria may be expelled from an activity: comply with the safety rules of the activity indicated by the instructor, have the minimum age required for its development, hinder the start or development of the activity, manifest violent attitudes or aggressive behaviour, provoke altercations and wear symbols that incite violence, racism or xenophobia, cause a nuisance to other users, endanger their own physical integrity or that of others, consume drugs or narcotic substances or show signs of having consumed them, as well as showing obvious signs of drunkenness.
5.- Nootka’s commitment begins with the contracted activity, so it is the client’s responsibility to transport him/her to the facilities or to the starting point of the activity, if applicable. The contract and the responsibility of Nootka only affect the direct work of its technicians and the organisation of the activity.
6.- The prices are per person and include the direct services offered by Nootka with VAT (IVA) included and for the minimum group indicated. Unless otherwise stated, external services (accommodation, transport, …) will be at the client’s expense.
7.- The necessary equipment is included in the price. Each technical sheet specifies the equipment included in each activity and programme.
8.- Accident and civil liability insurance is included in the price of the programmes and activities. The material and equipment rental services (without a guide) are not covered by the assistance insurance. Complete information on insurance conditions and coverage is available to clients and will be sent to those who request it.
9.- To confirm a reservation, the client must pay 100% of the total amount.
10.- The client may cancel the services requested or contracted, having the right to a refund of the amounts paid, but must compensate Nootka in the amounts indicated below:
- He/she shall pay the management fees, cancellation fees, if any, and a penalty consisting of 20% of the total amount of the booking, if the cancellation occurs more than 15 and less than 30 days before the start date of the programme; 30% between the fifth and fifteenth days, and 100% within the last four days.
- Failure to show up at the date and time indicated by Nootka will result in the client being obliged to pay the full amount of the booking.
- The impossibility of carrying out the contracted activity due to weather conditions is not a reason for reimbursement. In this case, Nootka will offer an alternative activity if possible.
11.- Any booking that does not provide all the required information, or that contains incorrect, fraudulent or incomplete information may be cancelled. Any booking will also be cancelled if a payment linked to the booking is not presented, and the amount paid will not be refunded.
12.- The company reserves the right to expel from its activity those clients who may incur in incorrect behaviour, who disregard the indications of those in charge or who incur in harmful or dangerous behaviour for themselves or their companions. In these cases, no refund of the amount paid for participation in the activity will be made.
13.- From the moment the booking is confirmed, the client expressly accepts all of these General Conditions. In the event that a person registers another person/s, he/she assumes in his/her name/s each and every one of these General Conditions.
These legal conditions have been updated in March 2021.
1.- The rentals offered on the website are subject to the conditions of the environment in which they take place and of the people taking part, and may therefore be subject to changes before or even during the rental (weather, sea conditions, etc.). The impossibility of carrying out a necessary activity in the contracted rental due to weather conditions is not a reason for reimbursement. In this case, Nootka will offer as far as possible a viable alternative for the client.
2.- The client is obliged to inform before any hiring of any possible state of pregnancy, paraplegia, cardiovascular diseases or any other disease or dysfunction that may affect the development of the same or may endanger their physical integrity or that of others. Likewise, he/she undertakes not to be under the influence of alcohol, drugs and/or narcotics, as well as any other medication that may affect his/her capacity to react.
3.- To be able to rent it is essential to know how to swim. Minors must be accompanied by a responsible person of legal age who will identify himself/herself.
4.- Access will be limited or a rental may be cancelled for any person who does not follow the following criteria: comply with the safety regulations of the activity to be carried out by the client, have the minimum age required for its development, hinder the start or development of the activity, manifest violent attitudes or aggressive behaviour, provoke altercations and wear symbols that incite violence, racism or xenophobia, cause nuisance to other users, endanger their own physical integrity or that of others, consume drugs or narcotic substances or show signs of having consumed them, as well as showing obvious signs of drunkenness.
5.- The commitment to the custody of the rented material on the part of the client starts from the moment of its delivery, so it is the client’s responsibility to return it to the facilities or to the place where the rental starts. The customer undertakes to return the rented item or items in the same condition in which they were delivered. In the event of damage or loss, the client will be responsible for the costs of repair or replacement, taking as a reference the prices of the articles published on the website.
6.- The prices indicated are per article and include VAT (IVA). Unless expressly stated otherwise, the cost of external services (accommodation, transport, etc.) shall be borne by the customer.
7.- Each technical data sheet specifies the equipment included.
8.- The price of material and equipment rental services (without guide) includes civil liability insurance and does not include accident insurance. Complete information on insurance conditions and coverage is available to clients and will be sent to those who request it. Nootka is not responsible for the misuse of rented equipment.
9.- To confirm a reservation, the client must pay 100% of the total amount.
10.- The client may withdraw from the services requested or contracted, having the right to a refund of the amounts paid, but must compensate Nootka in the amounts indicated below:
- He/she shall pay the management fees, cancellation fees, if any, and a penalty consisting of 20% of the total amount of the booking, if the cancellation occurs more than 15 and less than 30 days before the start date of the program; 30% between the fifth and fifteenth days, and 100% within the last four days.
- Failure to show up at the date and time indicated by Nootka will imply the obligation on the part of the client to pay the full amount of the reservation.
- The impossibility of carrying out the contracted rental due to weather conditions is not a reason for reimbursement. In this case, Nootka will offer an alternative rental as far as possible.
11.- Any reservation that does not contain all the required information, or that contains incorrect, fraudulent or incomplete information may be cancelled. Any booking will also be cancelled if a payment linked to the booking is not presented and the amount paid will not be refunded.
12.- The company reserves the right to cancel a rental to those clients who may incur in incorrect behaviour, who disregard the indications of those in charge or who incur in harmful or dangerous behaviour for themselves or their companions. In these cases, no refund of the amount paid will be made.
13.- Upon confirmation of the booking, the client expressly accepts all of these General Conditions. In the event that a person registers another person/s, he/she assumes in his/her name/s each and every one of these General Conditions.
These legal clauses have been updated in march 2021.