Terms and Conditions
Legal Company Information
Aquarius divecenter S.L.
Calle la laguneta 2,
Local A – 38632 El Fraile – Arona
Santa Cruz de Tenerife – Canary Islands – Spain
Tel.: +34 645572937
aquarius.diving@gmail.com
www.aquarius-divingtenerife.com
Commercial Register: Registro Mercantil de Santa Cruz de Tenerife – Canary Islands – tomo 003941 / folio 178 / hoja TF58722
N.I.F./C.I.F. identification number: B76726405
Licencia Turismo Activo: TA-4-0006405.04.
Dive Center address:
Aquarius Divecenter S.L.
Calle la laguneta 2,
Local A – 38632 El Fraile – Arona
Santa Cruz de Tenerife – Canary Islands (Spain).
Introduction
These Terms and Conditions govern your use of the Aquarius divecenter S.L. website: www.aquarius-divingtenerife.com
We reserve the right to change these Terms and Conditions at any time, and it is your responsibility to check them regularly before ordering. This does not affect your statutory rights.
Contractual Partner
These Terms and Conditions govern our supply of any product ordered by you through the Aquarius Divecenter S.L. website.
By using our website, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of them, you must not use this website.
In these Terms and Conditions, when we refer to ‘we’, ‘us’, or ‘our’, we mean Aquarius Divecenter S.L. When we refer to ‘you’, ‘your’, or ‘the customer’, we mean you, the person using the services.
Offer and contract formation
By ordering through our website, you confirm that you are at least 18 years of age and accept our Terms and Conditions. Aquarius Divecenter S.L. will send you an order confirmation by email. This confirmation does not constitute acceptance of your order, as no contract for the purchase of the selected goods will be formed until we receive and verify your payment. Aquarius Divecenter S.L. reserves the right to cancel or decline any order without providing further details.
Placing an order
To place an order, you must be at least 18 years old. If you are a minor, ask your parents or legal representatives to place the order in your name. However, if you are between 14 and 18 years of age, you may request information about products. In all cases, it is advisable to consult your parents or legal representatives before navigating and/or registering on our website or mobile applications so that they can explain any questions that arise. If you are under 14, please do not provide us with any personal information, as we cannot accept it. Once you have accessed our website, you must complete the form with the requested personal data and click the ‘Place Order’ button to confirm the purchase.
Once you have completed your order, we will send you an email containing the order details.
If there is a problem with the delivery of your order, we will contact you as soon as possible to explain the situation and suggest alternative products that you may wish to purchase, or offer a refund of the amount paid when placing the order. You may cancel the order at any time and at no additional cost, provided that it has not been invoiced and sent through the shipping company.
Product availability on our website may change constantly and reflects the situation in real time. Adding an item to the shopping basket does not guarantee that it will be reserved for you, as another customer may already have purchased it. The product is reserved for the customer only after the payment process has been completed. Aquarius Divecenter S.L. will make every effort to provide the products listed in your order confirmation. However, there may be times when it is impossible for us to supply those products because of, for example, a stock issue. In such cases, we will contact you to explain the situation and suggest alternative products that you may wish to purchase.
Supply and presentation of products
Aquarius Divecenter S.L. will supply the products indicated in the order confirmation in accordance with these Terms and Conditions.
The available items are described and presented as precisely as possible. You must read each product description to understand its specific details and properties. The choice and purchase of a product are the sole responsibility of the customer. However, if an error or omission occurs in the information, Aquarius Divecenter S.L. cannot be held responsible. Customers are invited to inform Aquarius Divecenter S.L. of any error found in a product description.
Prices and shipping fees
All prices are clearly shown on our website. Prices may change frequently. The valid price for each order is the price shown when the order is placed. Prices are shown as follows:
For orders shipped within the Canary Islands, I.G.I.C. is already included in the product price shown on our website. Therefore, I.G.I.C. and any sales taxes are already included, and you will be charged only the product price and shipping fees.
For orders shipped to countries within the European Union, VAT and sales tax will be included in the product prices shown on our website if the product(s) are shipped from a European Union country.
For orders shipped from the Canary Islands to a European Union country or the rest of the world, IGIC, VAT, and any customs fees are not included. Your packages may be subject to the customs fees and import duties of the country to which your order is shipped. The courier will charge you directly for any applicable taxes or customs fees. As taxes and customs fees may depend on the product category and declared amount, we are unable to provide further details. We recommend consulting your local customs office, which can provide you with additional information.
Our shipping fees are calculated according to the destination. When an item is added to the basket, the applicable shipping fees are shown, and the delivery option can be selected once all items have been added.
Product availability
Aquarius Divecenter S.L. offers a wide range of items. Most are in stock, while others must be ordered on demand. If an item is in stock, this information will be shown directly. The estimated delivery date is based on product availability and shipping time, as well as our experience with each supplier and the selected courier. If you order several items together, the estimated delivery date will be calculated based on the availability of all items.
The estimated delivery date is calculated based on the availability of all items in your order. The time from dispatch to delivery depends on the courier service. The estimated delivery date is for reference only, as it depends on product availability, courier availability, and payment. If Aquarius Divecenter S.L. must withdraw an item because it has become obsolete or has been discontinued, you will be informed directly. If Aquarius Divecenter S.L. can offer a similar item, you will receive a proposal that you may accept. Otherwise, you may cancel the item or order and receive a refund of the product price paid.
Payment and payment methods
Aquarius Divecenter S.L. offers several payment methods through Mollie’s online payment service. Payment of the full amount will be made when the order is placed and can be completed online using:
Visa credit card or debit card, Mastercard, PayPal, bank transfer, American Express, Maestro, Belfius Direct Net, iDEAL, Bancontact, SOFORT Banking, Apple Pay, UnionPay, Discover, or Carte Aurore.
Ultimate data protection
All customer data processed by Mollie is guaranteed to be stored on Dutch servers. Mollie’s servers are located in extremely well-protected data centers monitored by Mollie’s specialized NOC team.
Three lines of defense
Mollie ensures that its internal processes are examined and controlled through a Three Lines of Defense model. This means that Mollie employs independent Compliance and Audit officers who ensure the security and efficiency of Mollie’s internal structures.
Secure internet payments
The Mollie payment service that we use complies fully with the European Banking Authority’s Guidelines on the security of internet payments and is permanently supervised by the Dutch central bank, DNB. Mollie is listed in the Dutch Central Bank’s register of payment institutions.
Encrypted card details
The Mollie payment service that we use is fully PCI-DSS Level 1 certified, which demonstrates the level of security Mollie offers consumers. Aquarius Divecenter SL will be informed only of the result of the transaction and will not use or retain the customer’s financial data under any circumstances. All orders placed on this website are secure because sensitive information is protected by encryption. The most convenient payment methods for overseas customers are credit cards, debit cards, and PayPal, as the exchange rate is calculated automatically at the best available rate.
Once payment has been verified, Aquarius Divecenter SL will begin processing the order. Please note that the available payment methods may vary depending on the destination country. Once all items have been added to the basket and you have selected the shipping option, all payment methods available for your destination country will be shown.
Delivery
When placing an order, you can view the delivery options after all items have been added to the basket. Aquarius Divecenter S.L. will ship your order to the address you provided when placing it. To ensure the safe delivery of your parcel, the courier company requires a signature confirming successful delivery. If no one is available to receive the parcel, the driver will attempt another delivery or take the parcel to be held securely at the local post office or depot. If your parcel cannot be delivered for any reason, such as an incorrect address, incorrect delivery details, or refusal of the parcel, it will normally be returned directly to us.
Please note that we can refund only the product price paid once the parcel has arrived back at our warehouse and the returned item has been verified. The product price will be refunded using the same payment method that you used when placing the order. Any shipping fees paid cannot be refunded.
Pick-up and transfer
Pick-up is available in select areas. If you are interested in learning more about our pick-up options, please contact us. We will be happy to assist you. Our pick-up service is not available for hotels or accommodations located 300 meters (985 feet) or higher above sea level.
We offer free transfers from our dive center to all dive sites and back. An exception applies when the law requires otherwise, as occurred during the COVID-19 restrictions. In that case, the customer must arrange and pay for their own transportation. Please contact us if you have any questions about the pick-up and/or transfer details.
Deposit policy
A €25 deposit per person is required to confirm any booking for guided dives, discover scuba diving programs, and snorkeling activities. The balance is due at the time of the activity.
Available deposit payment methods
In person at the dive center: credit card or cash.
From overseas: bank transfer, credit card, or PayPal.
Cancellation and refund policy
If you cancel your booking more than 48 hours before the start time, you will receive a full refund of your deposit minus the payment fee. However, if you cancel within 48 hours of the start time, your deposit is nonrefundable.
If you booked and paid the full amount for one or more dives, Discover Scuba Diving, or snorkeling, you will receive a 100% refund minus the payment fee if you cancel 48 hours or more before the start time of the relevant activity.
Please note that the fee for PADI eLearning codes is nonrefundable.
Warranty
As an official dealer for the brands it sells, Aquarius Divecenter S.L. offers high-quality products, and all items are covered by a two-year manufacturer’s warranty. We provide warranty service by collecting the affected item(s) at our expense, returning them to the manufacturer, and handling the further process. If the manufacturer recognizes a manufacturing defect, all resulting shipping costs, both for returning the item and for shipping the repaired or replacement item, will be at our expense.
We reserve the right to refuse an exchange if the returned item does not arrive in the condition required by our returns policy. Once we receive a response regarding your case, we will be able to act immediately in accordance with the brand’s instructions. We will inform you directly whether the warranty claim has been accepted and, if so, whether the manufacturer will repair or replace the item.
Returns and Right of Withdrawal
Returns policy: You have the right to return any item within 30 days, provided that it is in perfect condition, unused, labeled, and in its original packaging. We will refund an item provided that it has not been damaged, soiled, washed, altered, or worn and that all labels and tags remain attached. If you wish to return something, please ensure that you meet the following criteria:
You can return any item for a refund within 30 days of receiving your original order.
Please note that, due to their nature, customized or personalized items cannot be returned or exchanged unless they are defective. All items must be unworn and in their original condition. Returned items should include all tags and packaging and should be returned in the original box. Please do not attach labels or duct tape directly to the item’s packaging. In the unlikely event that an item is returned to us in an unsuitable condition, we may have to send it back to you.
The items remain your responsibility until they reach our shop, so please ensure that they are packaged properly and cannot be damaged in transit. We recommend obtaining proof of postage.
Our returns address is:
Aquarius Dive Center S.L.
Calle la laguneta 2, Local A
38632 El Fraile, Arona Santa Cruz de Tenerife (Spain)
PADI Digital course materials, including eLearning codes, cannot be returned, refunded, or exchanged.
Right of withdrawal
You have the right to withdraw from this contract within 14 calendar days without providing a reason. The withdrawal period expires 14 calendar days from the day on which you, or a third party designated by you, acquire physical possession of the goods.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unambiguous statement, such as a letter sent by postal mail with confirmation of receipt or an email. To comply with the withdrawal period, it is sufficient for your communication exercising the right of withdrawal to be sent before the applicable period expires.
Consequences of the withdrawal
In the event of withdrawal, we will refund all payments received from you, including delivery costs, except for additional costs resulting from your choice of return delivery service, without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.
We will make the refund using the same payment method that you used for the initial transaction, unless you have expressly provided otherwise. In any case, you will not incur any expenses as a result of the refund. We may withhold reimbursement until we have received the goods or until you have provided proof that you returned them, whichever occurs first. You must return or deliver the goods directly to:
Aquarius Dive Center S.L.
Calle la laguneta 2, Local A
38632 El Fraile, Arona
Santa Cruz de Tenerife (Spain).
You must do so without undue delay and, in any case, no later than 14 calendar days from the date on which you communicate your decision to withdraw from the contract. The deadline will be considered met if you return the goods before the period expires.
You must bear the direct cost of returning the goods. You will be responsible only for any decrease in the value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and operation. If you use this option, we will confirm receipt of the withdrawal without delay in a durable format, such as by email. Legal basis: Articles 97.1.i) and 106 LGDCU. The right of withdrawal does not apply to contracts concerning:
The supply of goods made to the specifications of the consumer and user or that are clearly personalized.
The supply of goods that may deteriorate or expire quickly.
The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
The supply of sealed audio or video recordings or sealed computer programs that have been unsealed and used by the consumer after delivery.
The supply of PADI Digital course materials, including eLearning codes, which cannot be returned, refunded, or exchanged.
Changing or canceling orders and/or reservations
If you change your mind about your purchase, you may cancel your order. As long as your parcel has not yet been picked and packed in our warehouse, you will have the option to cancel it. To cancel your order, email aquarius.diving@gmail.com with your order number and the instruction ‘Cancel order’ or ‘Remove product’. If the ‘On hold’ option is no longer available, your order has been processed in our warehouse and it is unfortunately too late to cancel it.
If you have already received your goods, you may return them. Please review our Returns Policy. For diving courses and diving services offered by Aquarius Divecenter SL, a 100% refund is provided if you cancel 48 hours or more before the start time of your activity. If you provide less than 48 hours’ notice of cancellation, your payment is nonrefundable. PADI Digital course materials, including eLearning codes, cannot be returned, refunded, or exchanged, and their cost will be deducted from the total course price paid.
Reviews and comments
We encourage you to leave reviews, comments, and product questions on our website. We regularly monitor this content and reserve the right to remove, reject, or edit it at any time. When submitting information to our website as a review, product question, or customer comment, you understand that your submission is not protected by copyright and you permit its publication on our website.
Liability
Events outside our control: We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations to you if that failure or delay is caused by an event outside our control.
An event outside our control means any act or event beyond our reasonable control, such as acts of God, wars, terrorist attacks, embargoes, riots, strikes, lockouts, trade disputes, fires, floods, earthquakes or other natural disasters, breakdowns, inclement weather, interruptions to transportation, government action, or failures of public or private telecommunications or transportation networks.
If such an event occurs and affects the performance of our obligations to you, we will contact you as soon as reasonably possible to notify you, and our obligations to you will be suspended for the duration of the event. If the event affects the delivery of products to you, we will contact you to arrange a new delivery date after the event has ended. Complaints: We operate a complaint-handling procedure that we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments. See our Contact page for details of how to contact us.
Protection of personal data and comments
Aquarius Divecenter S.L. is committed to protecting your privacy. The personal data you provide will be processed to provide services and/or deliver the requested products if you make a purchase, and to provide commercial information, including by electronic means.
Aquarius Divecenter S.L. is responsible for this processing and has its registered office at: Calle la laguneta 2, Local A – 38632 El Fraile – Arona, Santa Cruz de Tenerife – Canary Islands – Spain. Tel.: +34 645572937
If you are a customer, the legal basis for processing is the performance of a contract to which you are a party. The legal basis for sending commercial information is your express consent because, when you register, you expressly authorize us to send you commercial information, including by electronic means. You may unsubscribe from our newsletter and revoke this express consent at any time to stop receiving this type of email.
You may unsubscribe at any time by using the unsubscribe link included in all promotional emails sent by Aquarius Divecenter S.L. When you register, you agree to provide valid personal data that allow Aquarius Divecenter S.L. to provide the service and correctly identify you as a registered user. The personal data that you must provide are essential for sending information and/or orders and preparing invoices.
The absence or inaccuracy of these data will make it impossible to send information and/or deliver orders. If an order cannot be delivered for this reason, it will be automatically canceled.
Aquarius Divecenter S.L. is solely responsible for the user’s personal data. The data you provide are stored in a file owned by Aquarius Divecenter S.L. that complies with current data protection regulations. Aquarius Divecenter S.L. undertakes to maintain the confidentiality of these data and to apply the necessary measures to prevent alteration, loss, unauthorized processing, or unauthorized access, as set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
Aquarius Divecenter S.L. also undertakes not to use such personal data for purposes other than providing the service through its website or sending commercial bulletins containing information about products offered for direct sale online, and not to transfer the data to third parties unless those parties necessarily participate in the performance of the contract.
By accepting this Privacy Policy, you expressly consent to your personal data being communicated and/or transferred internationally to other companies in the group or affiliated companies of Aquarius Divecenter SL for the purposes stated in the previous paragraphs. See our website’s Privacy Policy.
You also expressly consent to the transfer and/or international transfer of your data to companies with which it is necessary to share them for the successful completion of an order or the sending of information, including transport companies, parcel delivery companies, messaging services, payment providers, logistics providers, professional hosting and data management services, online chat providers, web analytics services, and similar providers.
You are informed that your data may or will be transferred to these companies. This consent may be revoked at any time by submitting a signed document bearing the reference ‘REVOCATION OF CONSENT’ to Aquarius Divecenter S.L.
In addition, you have the right to access the information we hold about you, rectify it, erase it, object to its processing, request restriction of its processing, or request the portability of your data.
To exercise these rights, you need only submit a signed document enclosing a photocopy of a valid official document that proves your identity, addressed to:
Aquarius Dive Center SL
Calle la laguneta 2,
Local A – 38632 El Fraile – Arona
Santa Cruz de Tenerife – Canary Islands, Spain. Tel.: +34 645572937
Or by email to: aquarius.diving@gmail.com. In addition, you have the right to file a complaint with a supervisory authority, such as the Spanish Agency for Data Protection.
Intellectual property and copyright
All content on the Aquarius Divecenter S.L. website, including illustrations, texts, descriptions, brands, images, and videos, is the property of Aquarius Divecenter S.L. Third-party trademarks are the property of their respective owners. Any partial or total reproduction of the content by any process or through any medium is subject to prior and express authorization from Aquarius Divecenter S.L. or the relevant rights holders.
Aquarius Divecenter S.L. is not responsible for the misuse of content on our website. Responsibility lies exclusively with the user who accesses or uses it. Aquarius Divecenter S.L. disclaims responsibility for disputes arising from the exchange of information between users through our website. Responsibility for publishing data and information through websites lies in all cases with those who publish it.
Linking
You may link to our website, but you must do so in a fair and legal manner that does not damage our reputation or take advantage of it, such as by using a link to suggest any form of association with or endorsement by us. We reserve the right to withdraw linking permission at any time. If we instruct you to remove a link to our website, you must do so without delay.
Where our website contains links to other websites and resources provided by third parties, those links are provided for information only. We have no control over the content of those websites or resources, and such links should not be interpreted as our endorsement of the linked websites. We will not be liable for any loss or damage arising from your use of them.
Amendment to the Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the site will be deemed to constitute acceptance of the new Terms and Conditions.
Governing Law
These Terms and Conditions and your use of the website are governed by and construed in accordance with Spanish law. You submit to the exclusive jurisdiction of the Spanish courts to settle any dispute that may arise under these Terms and Conditions. A link to the platform of the European Commission is provided in accordance with the Regulation on consumer ODR.
