Terms and Conditions
1. GENERAL INFORMATION
The ownership of this website healinganddiving.com (hereinafter, the “Website”) belongs to: Concepcion Ana Maroto Mingo, with NIF: 14306830W, and whose contact details are:
Address: Calle Isla de Lobos 1-8
Phone: 636372531
Email: [email protected]
This document (as well as other documents referred to herein) regulates the terms governing the use of this Website (healinganddiving.com) and the purchase or acquisition of products and/or services offered therein (hereinafter, the “Terms”).
For the purposes of these Terms, it is understood that the activity carried out through the Website includes:
Mentorship Program to overcome the fear of putting the face in the water or overcoming fear of the sea.
In addition to reading these Terms, prior to accessing, browsing, and/or using this Website, the User must have read the Legal Notice and the General Terms of Use, including the Cookie Policy, Privacy Policy, and Data Protection Policy of Healing and Diving.
By using this Website or by placing and/or requesting the acquisition of a product and/or service through it, the User consents to being bound by these Terms and all the aforementioned policies. If the User does not agree with any of these, they must not use this Website.
Furthermore, these Terms may be modified. The User is responsible for reviewing them each time they access, browse, and/or use the Website, as those applicable will be the ones in effect at the time when the purchase of products and/or services is requested.
For any questions regarding these Terms, the User may contact the owner using the contact details provided above or, if applicable, through the contact form.
2. THE USER
Access, browsing, and use of the Website confers the status of user (hereinafter, individually “User” or collectively “Users”), and as such, from the beginning of browsing the Website, all the conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations.
The User undertakes to use the Website responsibly. This responsibility extends to:
Using this Website only for legally valid inquiries and purchases or acquisitions.
Not making any false or fraudulent purchases. If such a purchase could reasonably be considered fraudulent, it may be canceled, and the relevant authorities will be notified.
Providing truthful and lawful contact details, for example, an email address, postal address, and/or other data (see Legal Notice and General Terms of Use).
The User declares to be over 18 years old and to have the legal capacity to enter into contracts through this Website.
This Website is primarily directed at Users residing in Spain. Healing and Diving does not guarantee that the Website complies with the legislation of other countries, either in whole or in part, and disclaims any liability derived from such access, nor does it guarantee the provision of services or shipment of products outside Spain.
The User may choose to formalize the purchase contract with Healing and Diving in any of the languages in which these Terms are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Users may purchase on the Website using the methods and forms established. They must follow the online purchase/acquisition process of healinganddiving.com, during which various products and/or services may be selected and added to the shopping cart, and finally, the User must click on “Checkout.”
The User must complete and/or verify the information requested at each step; however, during the purchase process, before making payment, data can be modified.
Subsequently, the User will receive an email confirming that Healing and Diving has received their order or request for purchase and/or service provision (the “Order Confirmation”). In applicable cases, they will also be informed via email when their purchase is being shipped.
Once the purchase process is completed, the User consents to the Website generating an electronic invoice, which will be sent via email. Additionally, the User may request a paper copy by contacting Healing and Diving through the Website’s contact spaces or using the contact details provided above.
The User acknowledges being aware, at the time of purchase, of specific conditions of sale concerning the product and/or service in question, as displayed alongside its presentation or, where appropriate, image on the Website page (by way of example, but not limited to: name, price, components, weight, quantity, color, product details, features, method and/or cost of delivery). The User acknowledges that placing an order constitutes full acceptance of such specific conditions of sale.
Communications, purchase orders, and payments involved during transactions made on the Website may be archived and kept in Healing and Diving’s computerized records as proof of the transactions, in any case respecting reasonable security conditions and applicable legislation, particularly Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 on Personal Data Protection and Digital Rights.
4. AVAILABILITY
All purchase orders received through the Website are subject to the availability of the products and/or to circumstances or causes of force majeure (see Clause Nine of these Terms) that may affect their supply and/or the provision of services.
If difficulties arise regarding product supply or if items are out of stock, Healing and Diving undertakes to contact the User and refund any amount paid. The same will apply if the provision of a service becomes impossible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€), and include taxes, unless otherwise indicated by legal requirement, particularly regarding VAT.
Unless otherwise indicated, the prices of products exclude shipping costs, which may be incurred and will be added to the total amount when the User processes the shipping method, choosing freely from the options provided.
Under no circumstances will additional costs be automatically added to a product or service price; only those voluntarily and freely selected by the User.
Prices may change at any time, but such changes will not affect orders already confirmed.
Accepted payment methods: Credit or debit card.
Credit cards are subject to checks and authorizations by the issuing bank. If payment is not authorized, Healing and Diving will not be liable for any delay or non-delivery and cannot formalize a contract with the User.
Upon receiving a purchase order, a pre-authorization will be made on the User’s card to ensure sufficient funds exist. The charge will be made when the User is sent confirmation of shipment and/or service provision.
By clicking on “Confirm Order,” the User confirms that the payment method used is their own.
6. DELIVERY
Where physical delivery of purchased goods is required, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta, and Melilla).
Except in cases of unforeseen or extraordinary circumstances or product customization, purchase orders will be delivered within the timeframe indicated on the Website according to the chosen shipping method, and in any case, within a maximum of 30 calendar days from the Order Confirmation date.
If Healing and Diving cannot meet the delivery date for reasons attributable to it, the User will be contacted and may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund.
Deliveries will be made on business days. If delivery is impossible due to the User’s absence, the order may be returned to the warehouse, but the courier will leave a notice explaining how to arrange redelivery.
If 30 days pass since the order became available for delivery and it has not been delivered for reasons not attributable to Healing and Diving, the contract will be deemed terminated. As a result, all payments received will be refunded, except for additional costs arising from the User’s choice of a delivery method different from the standard method offered, within 14 calendar days from contract termination.
Delivery will be considered completed once the User or a designated third party takes material possession of the products, evidenced by signing the delivery receipt at the agreed address.
Risk of loss or damage to products passes to the User upon delivery. Ownership of products transfers when Healing and Diving receives full payment of all amounts due, including shipping costs, or at delivery if later.
In accordance with Spanish VAT Law (Law 37/1992 of December 28), purchase orders for delivery and/or provision will be deemed located in the Spanish VAT territory if the delivery address is in Spain, except the Canary Islands, Ceuta, and Melilla.
Orders to the Canary Islands, Ceuta, and Melilla are exempt from VAT, without prejudice to applicable local taxes and duties, which will be borne by the User.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is hereby informed that, in the event an error is detected when entering data necessary to process their purchase request on the Website, they may correct such data by contacting healing and diving through the contact sections provided on the Website, and, where applicable, through those enabled to contact the customer service department and/or by using the contact details provided in clause one (General Information). Likewise, this information may also be corrected by the User through their personal account on the Website. In any case, before clicking on “”, the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications. Similarly, the User is referred to the Legal Notice and General Terms of Use and, in particular, the Privacy Policy, to obtain more information on how to exercise their right of rectification in accordance 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 Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights.
8. RETURNS
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 14 calendar days from the day on which the User or a third party authorized by them, other than the carrier, acquired physical possession of the goods purchased on the healing and diving Website, or in the event that the goods forming their order are delivered separately, 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired physical possession of the last of those goods comprising the same purchase order, or in the case of a service contract, 14 calendar days from the date the contract was concluded.
To exercise this right of withdrawal, the User must notify healing and diving of their decision. They may do so, where applicable, through the contact sections provided on the Website. Regardless of the means the User chooses to communicate their decision, they must clearly and unequivocally state their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that healing and diving makes available as an annex to these Conditions; however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for the communication expressing the unequivocal decision to withdraw to be sent before the relevant deadline expires.
In case of withdrawal, healing and diving will refund the User all payments received, including delivery costs (with the exception of any additional costs chosen by the User for a delivery method other than the least expensive ordinary delivery method offered on the Website), without undue delay and, in any event, no later than 14 calendar days from the date on which healing and diving is informed of the User’s decision to withdraw. Healing and diving will refund the User using the same payment method used for the initial transaction. This refund will not incur any additional cost for the User. However, healing and diving may withhold the refund until it has received the goods back or until the User provides proof of their return, whichever condition is met first.
The User may return or send the goods to healing and diving at: [address to be completed], and must do so without undue delay and, in any event, no later than 14 calendar days from the date on which healing and diving was informed of the decision to withdraw. The User acknowledges that they must bear the direct cost of returning the goods (transport, delivery), if any. In addition, the User will be responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, but not limitation, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their factory-sealed packaging; products that are sealed for hygiene or health reasons and have been unsealed after delivery; supply of digital content not provided on a physical medium.
Similarly, the provision of a service that the User may contract on this Website is governed by the same principle, as the same Law establishes that Users will not have the Right of withdrawal when the service has been fully performed, or when its execution has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully executed by healing and diving, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, for products not in the same condition as delivered, or those that have been damaged after delivery. Likewise, products must be returned using or including all their original packaging, instructions, and other documents that may accompany them, in addition to a copy of the purchase invoice.
[Link to download the model withdrawal form]
Return of defective products or shipping error
These cases concern situations where the User considers that, at the time of delivery, the product does not conform to the contract or purchase order and, therefore, must immediately contact healing and diving to notify them of the existing nonconformity (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 of how to proceed with the return of the products, and once returned, they will be examined, and the User will be informed, within a reasonable period, whether a refund or replacement is applicable.
The refund or replacement of the product will be made as soon as possible and, in any event, within 14 days from the date on which we send the User an email confirming that the refund or replacement of the nonconforming item will proceed. The amount paid for products returned due to a defect, where such defect actually exists, will be refunded in full, including delivery costs and any costs the User may have incurred in making the return. The refund will be made using the same payment method that the User used to pay for the purchase.
In any case, the rights recognized by the legislation in force at any given time for the User, as a consumer and user, shall always apply.
Warranties
The User, as a consumer and user, enjoys guarantees on the products that may be purchased through this Website, under the legally established terms for each type of product, with healing and diving being liable, therefore, for the lack of conformity of the same that becomes apparent within three years from the delivery of the product.
In this sense, it is understood that the products conform to the contract as long as: they match the description provided by healing and diving and possess the qualities presented therein; they are fit for the purposes for which products of the same type are ordinarily used; and they present the quality and performance that is customary for a product of the same type and that can reasonably be expected of 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 shipping error.”
However, some of the products marketed on the Website may present non-uniform characteristics provided that these derive from the type of material with which they have been manufactured, and thus will form part of the individual appearance of the product and will not be considered a defect.
Furthermore, it may happen that the User acquires on the Website a product from a brand or manufactured by a third party. In this case, and if the User considers it to be a defective product, they also have the option to contact the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly against them during the three years following the delivery of such products. To do so, the User must have retained all information regarding the warranty of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, healing and diving will not accept any liability for the following losses, regardless of their origin:
any losses not attributable to any breach on their part;
business losses (including loss of profit, revenue, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred); or
any other indirect loss not reasonably foreseeable by both parties at the time the purchase contract of the products was concluded between both parties.
Likewise, healing and diving also limits its liability in the following cases:
healing and diving applies all measures to provide a faithful display of the product on the Website; however, it is not responsible for minor differences or inaccuracies that may exist due to screen resolution, browser issues, or other such causes.
healing and diving will act with the utmost diligence in making the product subject to the purchase order available to the transport company. However, it is not responsible for damage arising from malfunction of the transport service, particularly for causes such as strikes, roadblocks, and, in general, others typical of the sector, resulting in delays, loss, or theft of the product.
technical failures that, due to fortuitous causes or others, prevent the normal operation of the service via the internet.
lack of availability of the Website due to maintenance or other reasons, preventing service access.
healing and diving puts all means at its disposal to carry out the purchase, payment, and shipping/delivery process of the products; however, it disclaims responsibility for causes not attributable to it, fortuitous events, or force majeure.
healing and diving will not be responsible for misuse and/or wear of the products that have been used by the User. Likewise, healing and diving will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
In general, healing and diving will not be liable for any failure or delay in fulfilling any of the obligations assumed when caused by events beyond its reasonable control, i.e., due to force majeure, which may include, but is not limited to:
strikes, lockouts, or other industrial action;
civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster;
impossibility of using trains, ships, aircraft, motor transport, 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 such cases, obligations will be suspended for the period during which the force majeure continues, and healing and diving will have an extension in the time to fulfill them equal to the duration of the force majeure. Healing and diving will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most communications with healing and diving will be electronic (email or notices published on the Website). For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications that healing and diving sends electronically comply with the legal requirement of being in writing. This condition does not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with healing and diving through the contact details provided in these Conditions and, where appropriate, through the contact sections of the Website. Likewise, unless otherwise stipulated, healing and diving may contact and/or notify the User at their email address or postal address provided.
11. WAIVER
No waiver by healing and diving of a specific right or legal action, or the failure by healing and diving to require strict performance by the User of any of their obligations, shall constitute a waiver of other rights or actions arising from a contract or these Conditions, nor shall it exonerate the User from the performance of their obligations.
No waiver by healing and diving of any of these Conditions or of the rights or actions arising from a contract shall be effective unless expressly stated to be a waiver and formalized and communicated to the User in writing.
12. SEVERABILITY
If any of these Conditions are declared null and void by final resolution issued by a competent authority, the remaining clauses shall remain in force, unaffected by such declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document expressly referred to herein constitute the entire agreement between the User and healing and diving in relation to the subject matter of sale and purchase and supersede any other prior agreement, arrangement, or promise agreed verbally or in writing between the same parties.
The User and healing and diving acknowledge that they have consented to enter into a contract without having relied on any statement or promise made by the other party, except as expressly stated in these Conditions.
14. DATA PROTECTION
The personal information or data that the User provides to healing and diving in the course of a transaction on the Website will be processed in accordance with the provisions set forth in the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Terms 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 are true.
15. APPLICABLE LAW AND JURISDICTION
Access to, browsing, and/or use of this Website, as well as purchase contracts for products made through it, shall be governed by Spanish law. Any dispute, issue, or disagreement that may arise or be related to access, browsing, and/or use of the Website, or with the interpretation and execution of these Terms, or with sales contracts between healing and diving and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may submit to healing and diving any complaints, claims, or other comments through the contact details provided at the beginning of these Terms (General Information). Furthermore, healing and diving has official complaint forms available to consumers and users, which may be requested from healing and diving at any time, using the contact details provided at the beginning of these Terms (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between healing and diving and the User, the User, as a consumer, may request out-of-court resolution of disputes in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, on online dispute resolution in consumer matters, and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC.
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