Terms of Service
The present document constitutes a contract of adhesion for the use of the Internet pages www.innsail.com, page property of INNSAIL, S.L. (hereinafter “Web Site” and/or “Web Page”) entered into by: on the one hand, INNSAIL, S.L. (and/or “the Company”), in its capacity as the responsible party, and on the other hand, the User, subjecting both parties to the provisions of this document.
ACCEPTANCE OF THE TERMS AND CONDITIONS
When entering and using the Internet portals, identified with the domain www.innsail.com property of INNSAIL, S.L., the User is accepting the Terms and Conditions of Use contained in this contract and expressly declares its acceptance using for such effect electronic means. The users are subject to the laws in force in Spain.
For the purposes of this contract, the parties agree that “User” shall mean any person of any nature who enters the Website and/or any of the subpages that display its content and/or any person of any nature who registers and/or uses any of the services offered through said page.
In case of not accepting in absolute and complete form the Terms and Conditions of this contract, the User must abstain from accessing, using and observing the Web Site and/or any other service offered by INNSAIL, S.L.
In the event that the User accesses, uses and observes the Website, it shall be considered as an absolute and express acceptance of the Terms and Conditions of Use stipulated herein, the other documents incorporated herein by reference, as well as the laws and regulations applicable in accordance with the legislation in force for the use of the Website.
INNSAIL, S.L., will not keep an individualized copy of the present agreement entered into between the User and the Company, so the User is recommended to keep a copy of the present Terms and Conditions of Use for his/her own records.
In case the User violates what is expressed in these Terms and Conditions of Use, INNSAIL, S.L., may cancel its use, as well as exclude the User from future operations, and/or take the legal action it deems convenient for its interests.
USE OF THE SITE
The User and INNSAIL, S.L., agree that:
In order to use the Website the User must be at least 18 years of age or be accessing under the supervision of a parent or legal guardian.
INNSAIL, S.L., grants a non-transferable and revocable license to use the Website, under the Terms and Conditions of Use described, for the purpose of purchasing products and services sold on the same Page. The User may only print and/or copy any information and/or image contained or published on the www.innsail.com website exclusively for personal use, and therefore the commercial use of such information is expressly and strictly prohibited. Users are subject to the laws in force in Spain. The reprinting, publication, distribution, assignment, sublicensing, sale, electronic reproduction or by any other means, partial or total, of any information, image, document or graphic that appears on the site www.innsail.com, for any use other than personal non-commercial use is expressly prohibited to the User, unless prior written authorization from INNSAIL, S.L. Any violation of these Terms and Conditions of Use will result in the immediate revocation of the license granted in this section, without prior notice.
Certain services and related features that may be available on www.innsail.com may require registration or subscription. The User acknowledges that, by providing personal information, he/she grants INNSAIL, S.L., the authorization indicated in the current laws of Spain. If the User decides to register or subscribe to any of these services or related functions, he/she agrees to provide accurate and updated information about him/herself, and to promptly update that information if there are any changes.
Each User of the Site is solely responsible for keeping passwords and other account identifiers secure. The account holder is fully responsible for all activities that occur under his or her password or account. Furthermore, the User must notify the Company of any unauthorized use of his or her password or account. In no event shall INNSAIL, S.L., be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of the User’s failure to comply with this section.
During the registration process, the User agrees to receive promotional emails from www.innsail.com. However, thereafter, he/she may opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
INNSAIL, S.L., reserves the right to block access to or partially or totally remove any information, communication or material that in its sole judgment may be: i) abusive, defamatory or obscene; ii) fraudulent, artificial or misleading; iii) in violation of copyrights, trademarks, confidentiality, industrial secrets or any intellectual property right of a third party; iv) offensive or; v) that in any way contravenes the provisions of this contract.
INNSAIL, S.L., does not presume that the content of its Page can be legally viewed outside Spain. Access to the content may not be legal for certain persons or in certain countries. If the User accesses the content from outside of Spain, the User does so at the User’s own risk and is responsible for compliance with the laws within the jurisdiction in which the User is located.
Users are prohibited from violating or attempting to violate the security of the Website and INNSAIL, S.L.’s affiliated Websites. The User is prohibited from: (a) accessing data to which the User is not authorized to use or logging into a server or account for which the User does not have authorized access; (b) attempting to examine, scan or test the vulnerability of a computer system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with the use of any other User, hosting service or network, including, without limitation, transmitting a virus to the Web Site or INNSAIL, S. L.; causing saturation of such sites by “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertisements for products or services, or; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
The User acknowledges that violations of computer system or network security may result in civil or criminal liability. INNSAIL, S.L., will investigate situations that may involve such violations and reserves the right to report such actions to the authorities; the Company will cooperate with the competent authority in the investigation of such violations under the terms established in the applicable legislation.
For proper access to the Site, Users must have the necessary equipment and facilities for their connection to the Internet (computer, telephone, modem, programs, etc.), being the use of this equipment the total responsibility of the Users.
INNSAIL, S.L., is exempt from any responsibility that may occur due to interruptions or suspensions of the Internet access service caused by the failure of the telecommunications system, in the supply of electric energy, fortuitous cases or force majeure or an action of third parties that may disable the equipment that provides access to the network.
Therefore, INNSAIL, S.L., is not responsible for any damage, harm or loss to the User caused by failures in the system, in the server or in the Internet. The Company shall also not be liable for any virus that may infect the User’s equipment as a result of access, use or examination of the Site or as a result of any transfer of data, files, images, text, or audio contained therein. The Users will NOT be able to impute any responsibility or demand payment of damages or prejudices, by virtue of technical difficulties or failures in the systems or in Internet. INNSAIL, S.L., does not guarantee continuous or uninterrupted access and use of the Site. The system may eventually be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond the Company’s control; in such cases, INNSAIL, S.L. will try to restore it as quickly as possible without any kind of responsibility. INNSAIL, S.L. shall not be liable for any error or omission contained in the Site.
INTELLECTUAL AND INDUSTRIAL PROPERTY AND COPYRIGHT
INNSAIL, S.L., acknowledges being the sole owner of the intellectual property rights, whether registered or unregistered, on the site www.innsail.com, including but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, text, logos, trademarks, domain names, trade names and data included in the web pages www.innsail.com. The entire content of our site is also protected by copyright as a collective work under Spanish copyright laws and international conventions. All rights reserved.
Users are warned that such rights are protected by current Spanish and international legislation on intellectual and industrial property and copyright.
It is forbidden to copy, reproduce, adapt, modify, distribute, commercialize, license, send, divulge, publicly communicate and/or any other action that generates an infraction of the Spanish or international legislation in force regarding intellectual and/or industrial property, as well as the use of the contents of the Site without prior express authorization in writing from INNSAIL, S.L.
In the event that the User transmits to INNSAIL, S.L. any information, programs, applications, software or in general any material that requires to be licensed through the Website www.innsail.com. the User hereby grants to INNSAIL, S.L., a perpetual, universal, free, non-exclusive, worldwide, royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, exhibit them and perform them publicly.
The provisions of the preceding paragraph shall also apply to any other information that the User sends or transmits to INNSAIL, S.L., including, without limitation, questions, criticisms, comments and suggestions for renewing or improving the Website, whether these have been included in any space on the aforementioned page or by virtue of other means or modes of transmission known or to be developed in the future. In addition, when the User submits comments or reviews to the Website, he/she also grants INNSAIL, S.L., the right to use the name that the User submits, within the framework of such review, comment, or any other content.
For the above, the User expressly waives in this act to carry out any action, demand or claim against INNSAIL, S.L., its affiliates or suppliers for any actual or potential violation of any copyright or intellectual property derived from the information, programs, applications, software, ideas and other material that the User sends to the websites www.innsail.com.
In the event that any content published on the Website is considered to violate intellectual or industrial property rights, the User may notify INNSAIL, S.L.’s Customer Service Center. The User will have to indicate: (i) truthful personal data (name, address, telephone number and e-mail address of the claimant); (ii) autograph signature with the personal data of the holder of the intellectual property rights; (iii) precise and complete indication of the content(s) protected by the intellectual property rights allegedly infringed, as well as the location of such violations on the referred website; (iv) express and clear statement that the introduction of the indicated content(s) has been made without the consent of the owner of the intellectual property rights allegedly infringed; (v) express, clear and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes an infringement of such rights.
The Web Site contains links to third party web sites. These links are provided solely as a convenience to the User and do not imply that INNSAIL, S.L. has endorsed the content of such third party websites. INNSAIL, S.L. is not responsible for the content of linked third party websites and makes no representations regarding the content or accuracy of material on such third party sites. If the User decides to access third party websites through these links, he/she does so at his/her own risk.
The User acknowledges and agrees that some parts of the Web Site may contain information, images, advertisements and other advertising or promotional material from third party sponsors and advertisers (hereinafter “Advertising Material”). Advertisers and sponsors are responsible for ensuring that Advertising Material submitted for inclusion on the Web Site complies with applicable laws and regulatory codes. INNSAIL, S.L., is not responsible for any errors or inaccuracies in the Advertising Materials.
Likewise, the User acknowledges and accepts in this act that such Advertising Material is protected by the applicable intellectual and industrial property laws.
GUARANTEE OF THE PRODUCTS AND SERVICES PURCHASED
INNSAIL, S.L., acts as an intermediary of nautical products and services through its web platform and guarantees that the products marketed by its suppliers work correctly and do not present defects or hidden defects that could make them dangerous or unsuitable for use.
Notwithstanding the foregoing, the use that each User makes of the products and services is the sole responsibility of the User, without any liability whatsoever on the part of INNSAIL, S.L.
The duration of the contractual warranty is clearly detailed on the page of each product and/or service and is issued and endorsed by the supplier of each product and/or service.
The warranty will be void in case of defects or deterioration caused by external factors, accidents, especially electrical accidents, wear and tear, improper use, or installation and use not in accordance with the supplier’s instructions.
INFORMATION ON PRODUCTS/SERVICES
The information given about each product/service, as well as the photographs or videos related to them and the commercial names, brands or distinctive signs of any kind contained in the INNSAIL, S.L. Site, are exposed exclusively for orientation purposes. INNSAIL, S.L., is not responsible for any error or inaccuracy in the product/service information.
CREDITS AND PROMOTIONS
INNSAIL, S.L., will inform the Users subscribed to the newsletter, by e-mail, all future promotions and opportunities, with the respective dates and conditions.
Promotions will have specific terms and conditions, and Users interested in participating will be responsible for reading and understanding these terms and conditions.
PURCHASE OF PRODUCTS/SERVICES
In order to make the purchase of the products, the User must make the payment of the selected products and corresponding taxes through the payment service providers that INNSAIL, S.L., makes available to the User on the Web Site.
Once the purchase is made by the User, through the implicit acceptance of the Terms and Conditions of Use, INNSAIL, S.L., will send an e-mail to the User informing the details of the purchase made.
The payment of the products purchased on the Site may be made by any of the means of payment offered by the Site, being these, among others: bank transfer, credit card, debit card, Paypal. The list of payment methods offered may be subject to change at any time without prior notice to Users.
Payment by credit card or any other online payment method must be made on the Site.
The order number assigned when making the transaction on the Site does not imply acceptance of the transaction. In case of any problem with your order, the User will be notified by email or telephone.
INNSAIL, S.L., will send the purchase confirmation via e-mail.
INNSAIL, S.L., reserves the right to request official documents to its customers, as a means of validation to the process of acquisition of products and / or services through the Site, if necessary.
In case of ignorance on the part of the corresponding Banking Institution to the charges made by the corresponding User through credit card and derived from operations carried out in the Site, INNSAIL, S.L., reserves the right to initiate the legal actions that correspond and to establish the penal or civil responsibilities according to the case or of any other nature, as well as to carry out all those internal actions that can go from making the charge again to the credit card of this User until the definitive cancellation of the User in the Site, for which the previous authorization of the User will not be necessary.
ORDER OF ACCEPTANCE AND PRICES
All the prices of the products and/or services that are indicated through the Web Site include VAT and other taxes that may apply to them.
The User must consider that there are cases in which an order cannot be processed for various reasons. In that sense, INNSAIL, S.L., reserves the right to deny or cancel any reservation or booking for any reason, at any time. In addition, it must be clear that the User may be asked for additional information, even before accepting the order.
INNSAIL, S.L., will provide the most accurate pricing information for Users, however, certain errors may still occur, such as cases where the price of a ticket is not displayed correctly on the Website. As such, the Company reserves the right to refuse or cancel any reservation. In the event that the price of a service is incorrect, INNSAIL, S.L. may, at its discretion, contact the User for instructions or cancel the reservation and notify the User of such cancellation. It should be noted that INNSAIL, S.L., shall have the right to cancel such reservations, whether or not the reservation has been confirmed and paid for.
AVAILABILITY OF PRODUCTS/SERVICES
All products/services offered on the Site are subject to stock and availability, schedule quota, so the delivery time may vary with prior notice from us, or may even proceed to the cancellation of the order and the return of the User’s charges in case.
If the delivery time offered is not to the User’s satisfaction, cancellation of the order may be requested.
If the payment was made by debit or credit card, the refund will be made through a chargeback on the same card that was used. All applicable refunds will be made by the same payment method used for the original purchase. In the same way for online services provided.
The User will be reimbursed the cost of the products and/or services returned plus the cost of the commission paid by the User for the same.
INNSAIL, S.L., does not and will not be responsible for the costs incurred by those returns that occur without respecting the steps set out in the procedure presented in the section “Returns”.
Deadline for refunds in case of cancellation
In case of cancellation of the purchase made by the User in accordance with the section “Cancellation of the purchase of products” of these Terms and Conditions, INNSAIL, S.L., shall request a refund to the User for the full amount paid by the User within 14 calendar days from the date of cancellation of the User’s purchase.
Deadline for refunds in case of cancellation of the reservation.
Upon receipt of the products returned by the User, INNSAIL, S.L., will review the returned products and/or services.
In the event that the products received by INNSAIL, S.L., comply with the characteristics established in point 2 of the section “Return Conditions”, the Company will have the obligation to refund the money paid by the User within 14 calendar days from the day on which INNSAIL, S.L., received the reservation cancellation order.
RESPONSIBILITY OF THE USER IN RELATION TO TRANSACTIONS
The User assumes responsibility for all costs, fees, taxes and claims arising from the use of this Website. The access data communicated to the User for his/her profile are intended for personal use only, and must be treated with confidentiality. The User must change his/her passwords on a regular basis. All transactions made through the profile account shall be attributed to the holder of the relevant profile account and shall be binding.
The User shall be liable without limitation for direct and indirect damages, as well as consequential damages, which may be caused by gross negligence or unlawful intent.
The User shall send a billing request to the Company’s customer service center 24 hours from the time of purchase. Invoice requests will not be processed for purchases that do not fall within this period.
When requesting the invoice it will be necessary for the User to have on hand and provide its main fiscal requirements
Document and identification number
Full name or company name
Complete fiscal domicile including address, city, province, autonomous community, country, postal code
Method of payment (cash, electronic fund transfers, nominative checks or debit, credit or service cards or the so-called electronic purses authorized by the Tax Administration Service).
Indicate at least the last 4 digits of your payment account.
E-mail where the invoice will arrive.
Once the corresponding invoice has been issued, INNSAIL, S.L., will not be able to re-invoice or issue later invoices.
RESTRICTIONS FOR MINORS
INNSAIL, S.L., does not intentionally make sales to minors, so it is recommended that parents and guardians carry out the activities of purchasing products and / or services or registration on the Website themselves.
Parents or guardians of minors will be liable for the acts performed by them as provided by these Terms and Conditions of Use, including damages caused to third parties, actions performed by them and that are prohibited by law and by the provisions of this agreement, without prejudice to the liability of the User, provided that the latter was not the parent or legal representative of the minor offender.
The User hereby agrees to indemnify and hold INNSAIL, S.L., and its subsidiaries, controlling company, shareholders, directors, employees, officers, directors and agents harmless from and against any actions, proceedings, liabilities, demands, claims, losses, liabilities, damages, costs, damages, expenses and costs, as well as expenses, costs and fees of attorneys and outside counsel arising out of or related to the User’s violation of: (i) these Terms and Conditions, and/or (ii) any laws, rules, decrees or regulations in force.
INNSAIL, S.L., reserves the right to assume the defense and control of any matter or claim that involves or may involve the payment of compensation associated with any breach by the User. The User agrees to cooperate with INNSAIL, S.L., in the development of the relevant defenses.
MODIFICATIONS TO THE SITE www.innsail.com:
INNSAIL, S.L., may at any time and when it deems appropriate, without notice to the User, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of said site, without this giving rise to or entitling the User to any claim or compensation, nor does this imply recognition of any liability whatsoever in favor of the User.
VALIDITY, TERMINATION AND MODIFICATION OF THE TERMS AND CONDITIONS OF USE
The Company, as well as the User, acknowledge that the Terms and Conditions are of unlimited validity, and shall enter into force as of their publication on the Site.
INNSAIL, S.L., reserves the right to make changes to this document without prior notice. Therefore, INNSAIL, S.L., recommends the User to re-read this document regularly, so that he/she is always informed about possible modifications. Changes to the contract will become effective immediately after their publication on the Site.
Once the modifications have been made, the User who continues to use the Site will be presumed to be fully aware of, to have read and to have consented to the amended Terms and Conditions. In the event that the User does not accept the amended terms and conditions, he/she shall cease to use the Site.
INNSAIL, S.L., may at any time suspend access to the Website and/or terminate these Terms and Conditions. The termination of these Terms and Conditions shall in no case imply that INNSAIL, S.L. shall indemnify the User.
These Terms and Conditions of Use, as well as the additional terms, constitute the entire agreement between the parties, and supersede any other agreement or contract previously entered into. Any clause or provision of this contract, as well as the additional terms, legally declared invalid, will be eliminated or modified at the option of INNSAIL, S.L., in order to correct its defect or flaw. However, the rest of the clauses or provisions will maintain their force, binding and validity.
APPLICABLE LAW AND JURISDICTION
The present purchase system is subject to the legislation in force in Spain (Civil Code, Code of Commerce, Law 14/1996, of January 15, 1996, of regulation of the retail trade, Law 14/1998, of the General Conditions of the contract, Royal Legislative Decree 1/20014, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws and Law 34/2002, of Services of the Society of the Information and Electronic Commerce).
In accordance with Law 34/2002 of July 11, 2002, the contract shall be presumed to have been executed at the seller’s domicile (Spain). If there are disagreements that may arise as a result of this contractual relationship and cannot be resolved amicably, it will be submitted to the Courts that are considered competent in each case.
ASSIGNMENT OF RIGHTS
The rights granted to the User must be considered as personal rights and the User may not assign or transmit them, nor authorize any third party to use them in any way. INNSAIL, S.L., may assign all or part of its rights and/or obligations to any third party, subsidiary or controlling company of INNSAIL, S.L., without prior authorization from the User. By virtue of such assignment, INNSAIL, S.L., will be released from any obligation in favor of the User, established in the present contract.
NON-WAIVER OF RIGHTS
The inactivity on the part of INNSAIL, S.L., its affiliates or suppliers to the exercise of any right or action derived from the present contract, shall at no time be interpreted as a waiver of such rights or actions.
The User agrees to indemnify INNSAIL, S.L., its affiliates, suppliers, vendors and consultants against any action, claim or demand (including attorneys’ fees and court costs) arising out of any breach by the User of this agreement; including, without limitation, any arising out of:
Any aspect relating to the use of the www.innsail.com website.
The information contained or made available on or through said Site or from libel, defamation or any other conduct in violation of this agreement by the User in the use of the aforementioned Web Page.
Violation of applicable laws or international treaties relating to copyright or intellectual property rights contained or available on or through such Web Site.
If any provision set forth in these Terms and Conditions is unlawful, void or unenforceable in any jurisdiction, it shall not affect: (i) the legality, validity or enforceability in such jurisdiction of any other provision of this agreement; or (ii) the legality, validity or enforceability in any other jurisdiction of such or any other provision of this agreement.
INNSAIL, S.L., may not exercise any of the rights and powers conferred in this document, which shall not imply in any case the waiver of the same, unless expressly recognized by INNSAIL, S.L., or prescription of the action that corresponds to each case.
The headings of the clauses are incorporated in the same only for convenience and for its better handling, reason why in no way they will be considered for effects of its interpretation, nor will they affect the obligations contained in it.