Terms and Conditions

Terms and Conditions

Legal Company Information

Aquarius divecenter S.L.
Calle de la Iglesia 8, 1 B
38627 Cabo Blanco – Arona
Santa Cruz de Tenerife – Canary Islands – Spain
Tel.: +34 645572937

[email protected]

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

Dive Center address:

Aquarius Dive Center 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 Aquarius divecenter S.L. website: www.aquarius-divingtenerife.com
We reserve the right to change the Terms and Conditions at any time and it is your responsibility to check regularly before ordering. This does not affect your statutory rights.

Contractual Partner

These Terms and Conditions govern the supply by us of any product ordered by you on 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 these Terms and Conditions, you must not use these website.
In these Terms and Conditions, when we refer to ‘we’, ‘us’ or ‘our’, we mean Aquarius Divecenter S.L. Where we refer to ‘you’, ‘your’ or ‘the customer’, we mean you, the person using the Services.

Offer and contract closing

By ordering on 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 a confirmation of your order per 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 proof your payment. Aquarius Divecenter S.L. reserves the right to cancel or decline any order without giving further details.

Placing an order

In order to place an order, you are 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 can request information about products. In any case, it is advisable to have 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 give us any personal information, as we cannot accept them.

Once you have accessed to our website, you must fill out the form with the necessary personal data that are requested and must click on the ‘Place Order’ button to confirm the purchase.
When you have finished your order, we will send you an email with the details of your order.
In case there is any problem with the delivery of your order, we will contact you as soon as possible to inform you about the situation and suggest alternative products that you may wish to purchase. Or offer the 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.

The products availability on our website may constantly change and reflects the situation in real time. By adding an item to the shopping basket, it does not guarantee that it will be reserved for you, as other customers may have already purchased it. Only when the payment process has been completed, the product is effectively reserved for the customer.

Aquarius Divecenter S.L. will make every effort to provide you with the products listed in your order confirmation. However, there may be times when it is impossible for us to supply such products because, for example, a stock issue. In these cases we will contact you to inform you and suggest alternative products that you may wish to purchase.

Supply and presentation of products

Aquarius Divecenter S.L. will supply the products indicated into the order confirmation, in accordance with these Terms and Conditions.
The items available are described and presented with as much precision as possible. You must read the description of each product in order to know the specific details and properties. The choice and purchase of a product is the sole responsibility of the customer. However, should an error or omission occur within the information, Aquarius Divecenter S.L. cannot be held responsible.

All customers are invited to inform Aquarius Divecenter S.L. of any error that can be found in a product description.

Prices and shipping fees

All prices are clearly shown on our website. Prices can be changed frequently. The valid prices for each order are based on the moment the order has been placed.

Prices are shown as follow:

  • For orders being shipped within the Canary Islands, I.G.I.C. is already included in the product price you see on our website. So I.G.I.C. and any sales taxes are already included and you will only be charged the product price and the shipping fees.
  • For orders being shipped to countries inside of the European Union, VAT and sales tax will be included in the product prices you see on our website if the product(s) will be shipped from a European Union country.
  • For orders being shipped from Canary Islands to European Union country or the rest of the word the IGIC / VAT or any custom fees are not included and your packages may be subject to the customs fees and import duties of the country to which your order is shipped to. So the courier will charge you any taxes or customs directly. As taxes and customs may also depend on product category as well as declared amount, we are not able to provide you with any further details. We would recommend you to consult your local Customs office, which will happily assist you with further information.

Our shipping fees are calculated by destination, so by adding any item to the basket, the respective shipping fees are shown and the delivery option can be selected, once all items have been added to the basket.

Products availability

Aquarius Divecenter S.L. offers a great range of items, most of them are in stock other have to be ordered on demand. If the item is in stock, you will find the information directly. The estimated delivery date is calculated by product availability and shipping time. So the estimated delivery date is calculated by our experience with each supplier and chosen courier.

If you order several items in one order, the estimated delivery date will be calculated by availability of all of them. The estimated delivery date is calculated as per availability of all items from your order. The taken time from dispatch to delivery depends on the courier service. The estimated delivery date is only a reference, as it is determined to product availability, courier’s availability, as well as payment.

In case that Aquarius Divecenter S.L. has to withdraw an item because it has become obsolete or has been discontinued, you will be informed directly. If Aquarius Divecenter S.L. can offer any similar item, you will directly receive the proposal which you can accept or if not, cancel the item/order for a refund of the product price paid.

Payment and payment methods

Aquarius Divecenter S.L. offers several payment methods with Mollie online payments service.

Payment of whole amount will be effected upon placement of order and will be made online through:

  • Credit Card/Debit Card Visa, Mastercard, PayPal, Bank transfer, American Express, Maestro, Belfius Direct Net, iDEAL, Bancontact, SOFORT Banking, Apple Pay, Union Pay, Discover, Carte Aurore.
Ultimate data protection

All customer´s data Mollie process, is guaranteed to be stored on Dutch servers. The Mollie servers are in extremely well-protected data centers, watched over by Mollie´s specialised NOC team.

3 lines of defence

Mollie ensure that there internal processes are examined and controlled by way of a Three Lines of Defence model. This means that Mollie employ independent Compliance and Audit officers who ensure the security and efficiency of Mollie´s internal structures.

Secure internet payments

The payment service from Mollie what we use comply fully with the European Banking Authority’s Guidelines on the security of internet payments and are permanently supervised by the Dutch central bank, DNB. Mollie is listed in the register of payment institutions of the Dutch Central Bank.

Encrypted card details

Mollie´s payment service what we use is fully PCI-DSS level 1 certified, which shows the level of security Mollie offer to consumers.

Aquarius Divecenter SL will be exclusively informed on results of the operation and Aquarius Divecenter SL will not use nor keep under any circumstance financial data of the client.

All orders placed in this website are secure as the sensitive information is protected by encryption. The most convenient method of payment for overseas customers are Credit / Debit Cards and PayPal, since the exchange rate is automatically calculated at the best available rate.

Once payment is verified, Aquarius Divecenter SL will initiate order process.


Please keep in mind that offered payment methods may vary by the country of destination. Once all items have been added to the basket and you already selected the shipping option, all available payment methods for your destination country will be shown.

Delivery

When placing an order, you can see the delivery options once all items have been added to the basket. Aquarius Divecenter S.L. will ship your order to the address you provided when placing your order. To ensure the safe delivery of your parcel, the courier company needs a signature to confirm successful delivery. If there is nobody to receive the parcel, the driver will attempt a new delivery or take your parcel to be securely held at the local Post Office or Depot.

In case your parcel could not be delivered due to any reason, such as incorrect address, wrong delivery details, refuse of the parcel, etc., it will normally be returned directly to us. Please keep in mind we can only refund your paid product price, once the parcel has arrived back at our warehouse and any item could be verified. You will receive the refund of the paid product price by the same payment method you used when placing the order. Any paid shipping fees cannot be refunded.

Warranty

As an official dealer of the brands Aquarius Divecenter S.L. sells high quality products, all offered items are covered by a 2 years manufacturer´s warranty.

We offer guarantee service by collecting the affected item/s at our cost and resend them to the manufacturer as well as process all further handling. If a fabrication defect is recognized by the manufacturer, all the generated shipment costs, both for the return shipment as for the shipment of the replaced or repaired item, are at our expense.

We reserve the right to refuse the exchange of an item in case the returned item doesn´t arrive in the conditions indicated in our returns policy. So once we receive any answer regarding your case, we will be able to act immediately as indicated by the brand. You will be informed directly by us if the guarantee has been accepted and if so, if 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, as long as the item/s is/are in perfect conditions (unused, with labels, in original packaging). We will refund any item(s), provided that the item(s) has not been damaged, soiled, washed, altered or worn and that all labels and tags are attached.

If you want to return something, please make sure you respect 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/personalized items, cannot be returned or exchanged unless defective.

All items must be unworn and in their original condition. Returned items should include tags and any packaging and in the original box. Please do not attach any labels or duct tape directly on 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 are your responsibility until they reach our shop, so make sure it’s packed up properly and can’t get damaged on the way! We recommend you obtain a 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)

The IANTD and PADI Digital course materials – eLearning codes – cannot be returned / refunded or exchanged.

Right of withdrawal

You have the right to withdraw from this contract within a period of 14 calendaristic days without justification.

The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, acquired the material 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 (for example, a letter sent by postal mail with receiver confirmation signature or email).

In order to comply with the withdrawal period, it is sufficient that the communication relating to the exercise of right of withdrawal by this party have to be sent before the corresponding term expires.

Consequences of the withdrawal

In case of withdrawal, we will refund all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of return delivery service). Without any 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 proceed to make such refund using the same means of payment used by you 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 submitted proof of the return of the same, depending on which condition is met 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).

Without any undue delay and, in any case, no later than within a period of 14 calendar days from the date on which you communicate your decision to withdraw from the contract. The deadline will be considered fulfilled if you make the return of the goods before the term has expired.

You must assume the direct cost of returning the goods.

You will only be responsible for the decrease in the value of the goods resulting from handling to other than that necessary to establish the nature, characteristics and operation of.

If you use this option, we will inform you without delay of a lasting support (for example, by e-mail) of the receipt of said withdrawal.

Normative base Art. 97.1.i), 106 LGDCU.

The right of withdrawal shall not apply to contracts that refer to:

  • The supply of goods made according to the specifications of the consumer and user or clearly personalized.
  • The supply of goods that may deteriorate or expire quickly.
  • The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
  • The supply of sealed audio or video recordings or of sealed computer programs that have been unsealed by the consumer and used after delivery.
  • The supply of IANTD and PADI Digital course materials – eLearning codes – cannot be returned / refunded or exchanged.

Changing or canceling orders and/or reservations.

If you change your mind about your purchase, you have the option to cancel your order. As long as your parcel has yet to be picked and packed in our warehouse, you´ll have the option to cancel. To cancel your order, send us an email to [email protected] with your order number and notification ´Cancel order´ or ´Remove product´. If the ´On hold´ option is no longer available, it means your order has been processed in our warehouse and it´s unfortunately too late to cancel it.

If you have already received your goods then you may return them. Please check our Return Policy.

For Diving Courses and Diving services offered by Aquarius Divecenter SL 100% refund is given if cancellation is 48 hours or more prior to the start time of your activity. Less than 48 hours notice of your cancellation your payment is not refundable.

The IANTD and PADI Digital course materials – eLearning codes – cannot be returned / refunded or exchanged and it will be cut out from the total price of the course you paid.

Reviews and comments

We encourage you to leave reviews, comments and product questions on our website. We regularly monitor this content and we 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 what you have submitted is not copyright protected and you are permitting its appearance on our website.

Liability

Events outside of our control – we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.

An event outside of our control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

If such an event takes place and it 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. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.

Complaints – We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Please see our Contact page for details of how to get in touch with us.

Protection of personal data and comments

Aquarius Divecenter S.L. is committed to protecting your privacy. We inform you that the personal data you provide will be processed in order to provide the services and / or to deliver the requested products if you make a purchase, and in order to facilitate, even by electronic means, commercial information.

The responsible for these treatments is Aquarius Divecenter S.L. with registered office at: Calle de la Iglesia 8, 1 B, 38627 Cabo Blanco – Arona, Santa Cruz de Tenerife – Canary Islands – Spain, Tel:+34 645572937

The legal basis of the treatment in case you are a client is the execution of the contract in which you are a party.

The legal basis of the commercial information is your express consent, because when you register, you give your express authorization for us to send you commercial information, including by electronic means.

Whenever you wish, you can unsubscribe from our newsletter and revoke this express consent, to stop receiving this type of email. To do this, you can unsubscribe at any time, via the unsubscribe link available in all promotional emails sent by Aquarius Divecenter S.L.

When you sign up, you agree to provide us with valid personal data that allows the provision of the service by Aquarius Divecenter S.L. and your correct identification as a registered user. These personal data that you must provide us are essential to send the information and / or the orders and the preparation of the invoices.

The absence of these data or their inaccuracy will lead to the impossibility to send information and / or delivery of orders. If an order cannot be delivered for this reason, it will be automatically cancelled.

Only Aquarius Divecenter S.L. will be responsible for the user´s personal data. The data you provided are stored in a file owned by Aquarius Divecenter S.L. that complies with current regulations on data protection.

Aquarius Divecenter S.L. undertakes to comply with the duty of secrecy of such data, as well as to treat them with confidentiality, assuming the necessary measures to avoid alteration, loss, treatment or unauthorized access, as set out in Regulation (EU) 2016 / 679 of the European Parliament and of the Council of 27 April 2016.

Also, Aquarius Divecenter S.L. undertakes not to use such personal data for purposes other than the purpose of the service provided through its website or commercial bulletins, which offer information on product offers for direct sale through the Internet and non-transmission of them to third parties, unless they necessarily intervene in the execution of the object of the contract.

By accepting this Privacy Policy, you give your express consent so that your personal data may be communicated and / or transferred internationally to other companies of the group or to affiliated companies of Aquarius Divecenter SL, for the purposes stated in the previous paragraphs. Link to our website Privacy Policy.

In the same way, you expressly consent to the transfer and / or international transfer of your data to companies with whom it is necessary to share them for the successful completion of the order or the sending of information, such as transport companies, parcel companies, messaging, payment, logistics, professional hosting services and data management, online chat providers, web analytics services, etc. You are informed that your data may be or will be transferred to these companies.

This consent may be revoked at any time by means of a signed document with the reference ´REVOCATION OF CONSENT´, addressed to Aquarius Divecenter S.L.
In addition, you have the right to access the information we have about you, to rectify it, to suppress it, to oppose your treatment, to request the limitation of the treatment or to request the portability of your data. For this, you only need to communicate it by means of a signed document, enclosing a photocopy of any valid official document that proves your identity, addressed to:

Aquarius Dive Center SL
Calle de la Iglesia 8, 1 B, 38627 Cabo Blanco – Arona
Santa Cruz de Tenerife – Canary Islands, Spain

Tel:+34 645572937; Or by email to: [email protected]

In addition, we inform you that you also have the right to file a claim with a control authority, such as the Spanish Agency for data protection.

Intellectual property and copyright

All content of the website of Aquarius Divecenter S.L. (Illustrations, texts, descriptions, own brands, images, videos …) is property of Aquarius Divecenter S.L. The third-party trademarks are property of their owners. Any partial and total reproduction of the content by any processes and by any medium are subjected to prior and express authorization to Aquarius Divecenter S.L. or any right holders.

Aquarius Divecenter S.L. is not responsible for the misuse of our website contents, the responsibility is exclusively for the user who accesses them or uses them.

Aquarius Divecenter S.L. declines all responsibility of any disputes arising from the exchange of information between users through our website. The responsibility of publishing data and information through their websites is in any case for those who published them.

Linking

We are happy for you to link to our website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, 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, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise 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.

Governed Law

These Terms and Conditions and your use of the website shall be governed by and construed in accordance with Spanish law. You submit to the exclusive jurisdiction of the Spanish courts to settle any dispute which may arise under these Terms and Conditions.

Link to the platform of the European Commission, according to Regulation on consumer ODR.

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