INNSAIL, S.L. shipping, cancellation and/or return of payments policies
1.- GENERAL INFORMATION
The ownership of this website www.innsail.com, (hereinafter Website) is held by: Innsail S.L., provided with CIF: B 06991186 and registered in: Registro Mercantil, Barcelona, Spain; and whose registry data are: Sheet B 566527, Volume 47925 Folio 155 Inscription 1, and whose contact details are:
Address: Felip II, 184, Barcelona, Spain
Contact email: [email protected]
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (www.innsail.com) and the purchase or acquisition of products and/or services in it (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that www.innsail.com develops through the Website comprises:
Activities of, 4791, retail trade by correspondence or internet. The purpose of the company is: The commercialization and intermediation of nautical products and services through a web platform.
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 www.innsail.com. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if he/she does not agree with all of the above, he/she should not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those 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 in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so that they accept, from the moment they start browsing the Website, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The User will be able to formalize, to its election, with www.innsail.com the contract of sale of the products and/or services wished in anyone of the languages in which the present Conditions are available in this Web site.
PURCHASE OR ACQUISITION PROCESS
The duly registered Users can purchase on the Web Site by the means and forms established. They shall follow the online purchase and/or acquisition procedure of www.innsail.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “Reservationr”.
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that www.innsail.com has received his order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, where appropriate, you will also be informed by email when your purchase has been made. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail and, where appropriate, through the User’s personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to www.innsail.com 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 concerning the product and/or service in question and which are shown next to the presentation or, where appropriate, image of the product and/or service on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and recognizes that the realization of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments involved in the transactions carried out on the Website may be archived and kept in the computerized records of www.innsail. com in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force in this regard that are applicable, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) 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.
AVAILABILITY
All purchase orders received by www.innsail.com through the Website are subject to the availability of products and / or that no circumstance or force majeure (clause nine of these Conditions) affect the supply of the same and / or the provision of services. In the event of difficulties in the supply of products or if there are no products in stock, www.innsail.com undertakes to contact the User and refund any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect reservations or purchases for which the User has already received a payment confirmation.
The accepted means of payment will be: Credit or debit card, PayPal, and Bank Transfer.
www.innsail.com uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, if such bank does not authorize the payment, www.innsail.com will not be responsible for any delay of the reservation and will not be able to formalize any contract with the User.
Once www.innsail.com receives the purchase order from the User 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 to the card will be made at the time the User is sent the booking confirmation and/or confirmation of the service provided in the manner and, where appropriate, place established.
If the means of payment is PayPal, the charge will be made at the time that www.innsail.com sends a confirmation of reservation or purchase of products and / or services to the User.
In any case, by clicking on “Reservation” the User confirms that the payment method used is his own.
Reservations or purchases in which the User selects bank transfer as payment method will be reserved for 5 calendar days from the order confirmation in order to allow enough time for the bank transfer to be taken into account by the payment system used by www.innsail.com for the Website. When the system receives the transfer, the reservation will be made and processed.
Using this method of payment, the User must ensure that he/she enters the exact amount of the reservation correctly, as well as the account number and the reference of the transfer. In case of error, www.innsail.com will not be able to validate the reservation, which will be cancelled.
TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting www.innsail.com through the contact spaces provided on the Website, and, where appropriate, through those provided to contact customer service, and/or by using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on “Reservation”, has access to the space, cart, or basket where his or her purchase requests are recorded and can make modifications.
Similarly, 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 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.
WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with www.innsail.com will be electronic (email or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that www.innsail.com sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with www.innsail.com through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, www.innsail.com may contact and/or notify the User by e-mail or at the postal address provided.
WAIVER
No waiver by www.innsail.com of any specific legal right or action or failure by www.innsail.com to require strict performance by the User of any of its obligations shall constitute a waiver of any other rights or remedies arising under any contract or the Conditions, or relieve the User from compliance with its obligations.
No waiver by www.innsail.com of any of these Terms or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
VOID
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force, without being affected by such declaration of nullity.
ENTIRE AGREEMENT
The present Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and www.innsail.com 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 www.inssail.com acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
DATA PROTECTION
The information or personal data that the User provides to www.innsail.com in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (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 information or data provided are truthful.
APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.
Any controversy, problem or disagreement arising out of or related to the access, browsing and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between www.innasil.com and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
COMPLAINTS AND CLAIMS
The User can send to www.innsail.com their 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, www.innsail.com has official complaint forms available to consumers and users, and that they can request www.innsail.com at any time, using the contact details provided at the beginning of these Conditions (General Information).
Furthermore, if a dispute should arise from the conclusion of this purchase contract between www.innsail.com and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online 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/.
14 . Cancellation policy
If you cancel your trip, the cancellation is effective immediately. The full refund depends on the cancellation policy set by the owner. There are three cancellation policies that owners can apply to their reservations (flexible, moderate and strict).
Flexible
Free cancellations up to 24 hours before the start date of the reservation.
Cancellations within 24 hours of the reservation start date are non-refundable.
Moderate
Free cancellations up to 5 days before the reservation start date.
50% refund for cancellations between 2-5 days prior to the reservation start date.
Cancellations within 2 days after the reservation start date are non-refundable.
Strict
Free cancellations up to 30 days before the reservation start date.
50% refund for cancellations between 14-30 days before the reservation start date.
Cancellations within 14 days after the reservation start date are non-refundable.
In case of extenuating circumstances, you may be entitled to a 100% refund.
Travel Modifications
If the booking date is edited, the cancellation policy is moved to the new start date. However, if the edit was made during a cancellation fee period, the original policy will apply in the event of a cancelled reservation.
15. Cancellations due to extenuating circumstances
The boat owner may supersede the cancellation policy and offer a full refund if the following extenuating circumstances occur:
For reservations within 150 miles of named or numbered storms.
Safety related cancellations arising from lightning, thunderstorm, heavy rain or high wind event within eight hours or the time of the scheduled rental.
Death in the family.
Natural disaster.
Political instability.
A problem with the boat that causes the charter to end prematurely and is considered the owner’s responsibility.
Owner cancellation, no-show or no access to the boat. In this case, the boat owner may be subject to penalties.
A problem arises during the charter that causes the Renter to cancel the charter and is determined to be due to the owner’s negligence. In this case, the boat owner may be subject to penalties.
Listing Inaccuracies. If the description of the boat listed on the site is substantially inaccurate (Renter must not accept the boat to receive a full refund).
All cancellations due to extenuating circumstances will be reviewed by a support crew member.
16. Weather-related cancellations
Be sure to check directly with the boat owner about their cancellation flexibility if you believe a cancellation is likely to occur. In the event of a weather cancellation, provide written confirmation from the owner that you accept this cancellation and we will process a full refund.
The boat owner may issue a weather cancellation in the event of lightning, thunderstorms, heavy rain or high wind within eight (8) hours or at the time of the scheduled rental. If this cancellation occurs, the renter will receive a full refund and the boat owner will not receive payment.
