Terms and conditions of purchase

 

IDENTIFICATION.

In compliance with Law 34/2002, of 11 July, on information society services and electronic commerce, we inform you that

  • Our company name is: EVENTOS NAUTICOS INTERNACIONALES S.L. (from now on www.formulakitespain.com/)
  • CIF: B54503701
  • Address: C. SAN NARCISO 21 DENIA 03700 ALICANTE (SPAIN)

To communicate with us, we put at your disposal different means of contact that we detail below:

GENERAL CONTRACTING CONDITIONS

This contractual document will govern the contracting of services through the web site www.formulakitespain.com/, property of EVENTOS NAUTICOS INTERNACIONALES S.L., from now on PROVIDER.

The acceptance of this document implies that the USER:

- You have read, understand and comprehend what is stated here.
- You are a person with sufficient capacity to contract.
- You assume all the obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER'S website.

The PROVIDER reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were acquired prior to the modification.

Identity of the contracting parties

On the one hand, the supplier of the goods or services contracted by the USER is EVENTOS NAUTICOS INTERNACIONALES S.L., with registered office at C/ SAN NARCISO, 21 - 03700 DENIA (Alicante), NIF B54503701 and with customer service phone number / USER +34 629 688 077.

And on the other hand, the USER, who buys the registration to the events we have published in our "registration" section.

Object of the contract

The present contract has the purpose of regulating the contractual relationship of sale and purchase born between the PROVIDER and the USER at the moment in which the latter accepts during the process of contracting online the corresponding box.

The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of a specific service.

Subscription services for sporting events will be contracted on this website.

Contracting procedure

The USER, in order to access the services offered by the PROVIDER, must go to the subscription page and select the event to which he wants to subscribe. Once the event is selected, he will access the cart, where he can check his subscription selection, if you wish to continue with the purchase you must select the end purchase button and you will access another screen where the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website. In addition, you must indicate the method of payment and accept these terms and conditions. Then, the payment will be made depending on the payment method you have chosen and the purchase will be finalized.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, the placing of an order with the PROVIDER will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER can differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. ORDER SUBMISSION

The PROVIDER will not send any proof of order until it has verified that payment has been made. Once the payment has been verified, an e-mail will be sent confirming your registration.

As the order does not involve the physical delivery of any product, being the services contracted, these will be confirmed via email.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to proceed with the return and/or claim possible defects or faults in the service, both online and offline.

The USER has a period of fourteen calendar days, counting from the date of receipt of the product, to return it (Article 71 of Law 3/2014 of 27 March).

In accordance with Article 103.L of Law 3/2014 of 27 March, the list of exceptions to withdrawal can be found in

  • The supply of services relating to entertainment activities, if contracts provide for a specific date or period of performance.

The services to which you subscribe are services related to leisure activities and a specific date or period of execution is foreseen which does not give rise to the right of withdrawal.

However, in case of force majeure and justified, we reserve the study of the case to its possible return.

4. CLAIMS

Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

Postal: EVENTOS NAUTICOS INTERNACIONALES S.L., C/ SAN NARCISO, 21 - 03700 DENIA (Alicante) Telephone: +34 629 688 077
Mail:formulakite@formulakitespain.com.

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not incur liability for any failure due to a major cause. The performance of the obligation will be delayed until the cessation of the case of force majeure.

6. COMPETITION

The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.

If any provision of these conditions is held to be invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.

The USER declares to have read, understood and accepted these General Conditions in their entirety.

7. OVERVIEW OF THE OFFER

All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of EVENTOS NAUTICOS INTERNACIONALES S.L. or to what is stipulated here, will have effect, unless expressly agreed in writing by the PROVIDER, in which case these particular agreements will prevail.

Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until the value of the services offered is not affected. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.

8. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each service include Value Added Tax (VAT) or other taxes that may be applicable.

The prices applicable to each service are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.

Any payment made to the PROVIDER implies the issuance of an invoice in the name of the registered USER or of the company name that the latter has informed at the time of placing the order. This invoice will be sent together with the purchased service to the e-mail address provided by the USER.

For any information about the order, the USER can contact the PROVIDER's customer service phone number +34 629 688 077 or via e-mail at formulakite@formulakitespain.com.

9. TRANSPORT CHARGES

There are no transportation costs.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER allows the following ways to make the payment of an order:

  • Credit card VISA or MASTERCARD through a secure server with the PAYCOMET gateway module provided by the Sabadell. Once the order has been placed and the method of payment by bank card confirmed, you will be sent to the said gateway and will have to provide the information requested by the bank, such as your card number, the security code and the expiry date. It is important for the client to know that we do not have access to these data at any time, since all the information provided by you is transmitted directly to the bank in encrypted form. The Bank uses the SSL (Secure Socket Layer) protocol, to guarantee a secure and encrypted connection. This means of payment can only be used by the person who is the holder of the card or has the right to use it.
  • Payment by PayPal through secure service. If you choose this payment method the system will refer you directly to the PayPal page. It is important for the user to know that we do not have access to these data at any time, since all the data provided by the user is directly encrypted between the user and PayPal. PayPal uses the SSL (Secure Socket Layer) protocol, to guarantee a secure and encrypted connection.

11. APPLICABLE WARRANTIES

All the services offered through the website have a two-year guarantee period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November, which approved the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

12. GUARANTEES AND RETURNS

The guarantee of the services offered will respond to the following articles based on Law 23/2003, of 10 July, on Guarantees for the sale of consumer goods:

I) Conformity of the services with the contract

1. Unless proved otherwise, the services shall be deemed to be in accordance with the contract provided that they meet all the requirements set out below, unless the circumstances of the case make any one of them inapplicable:

a) They comply with the description made by EVENTOS NAUTICOS INTERNACIONALES S.L.

b) Present the quality and usual benefits of a service of the same type that the client can reasonably expect, taking into account the nature of this and, where appropriate, the descriptions of the specific characteristics of the services made by EVENTOS NAUTICOS INTERNACIONALES S.L.

e) EVENTOS NAUTICOS INTERNACIONALES S.L. describes the details and characteristics of the services

2. The lack of conformity resulting from an incorrect provision of the service will be equated to the lack of conformity of the service when the provision is included in the service contract and has been carried out by EVENTOS NAUTICOS INTERNACIONALES S.L. or under its responsibility, or by the USER when the defective provision is due to an error in the instructions established in the contract.

3. No liability shall arise from any lack of conformity which the USER is aware of or could not have been unaware of at the time of conclusion of the contract.

II) Responsibility of the PROVIDER

EVENTOS NAUTICOS INTERNACIONALES S.L. will respond to the USER for any lack of conformity that exists at the moment of the delivery of the service.

In general, and without prejudice to the fact that the responsibility of the producer ceases, in the same terms and conditions as
those established for EVENTOS NAUTICOS INTERNACIONALES S.L., the producer will respond for the lack of conformity when this refers to the origin, identity or suitability of the services, in accordance with their nature and purpose and with the rules that regulate them.

The producer, the person responsible for a service or the importer thereof into the territory of the European Union or any person who presents himself as such when his name, trade mark or other distinctive sign is indicated on the service.

13. DONATIONS

In our registration section there is a modality where you can make a Donation to the "Water Sports Plastic Free Foundation" with which we collaborate in favor of the elimination of single-use plastics from all events related to water sports, providing solutions and alternatives to athletes and fans. Be part of the change! The way to make this donation is the same as explained in these terms and conditions. We inform you that by virtue of Law 10/2010 on money laundering, foundations are obligated to prevent money laundering. Those in charge of the Foundation must identify the real owner of the natural and legal persons with which the entity is related, contract or formalize the corresponding collaboration agreements, as well as the donors who make the donations of an amount equal to or greater than 100 euros. However, when you make a donation on the form you must fill in the fields and identify yourself, but no donation may be made for more than 100 euros. If you wish to make a donation you must go to the foundation's website www.watersportsplasticfree.org and in its legal terms they will indicate how to make it based on the money laundering law.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or construed in accordance with Spanish law insofar as it is not expressly established. The PROVIDER and the USER agree to submit any controversy that may arise from the provision of the services subject to these Conditions to the courts and tribunals of the USER's domicile.

In case the USER is domiciled outside Spain, the PROVIDER and the USER expressly renounce to any other forum, submitting themselves to the competent Courts and Tribunals.