Introduction
This contractual document shall govern the General Terms and Conditions of sale for products (hereinafter, "Terms") through the website https://www.coresurfingshop.com/, owned by CORESURFING S.L. under the trade name CORESURFING, hereinafter, the PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Terms shall remain published on the website at the USER's disposal to be reproduced and saved as confirmation of the contract, and may be modified at any time by CORESURFING S.L. It is the USER's responsibility to read them periodically, as those in force at the time of placing orders shall be applicable. CORESURFING S.L. will archive the electronic document where the purchase is formalized and will make it available to the USER upon request.
Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- Has read and understands what is set forth herein.
- Is a person with sufficient capacity to enter into contracts.
- Assumes all the obligations set forth herein.
These terms shall have an indefinite period of validity and shall be applicable to all purchases made through the PROVIDER's website.
The PROVIDER informs that the business is responsible for and aware of the legislation in force in the countries to which it ships products, and reserves the right to unilaterally modify the terms, without this affecting the goods or promotions that were acquired prior to the modification.
Identity of the contracting parties
On one hand, the PROVIDER of the products contracted by the USER is CORESURFING S.L., with registered office at Calle Santo Domingo de la Calzada, 6 - 15701 Santiago de Compostela (A Coruña), Tax ID (NIF) B70468285 and customer service telephone number 981 069 037.
And on the other, the USER, registered on the website using a username and password, for which they are fully responsible regarding use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship of sale established between the PROVIDER and the USER the moment the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a specific price publicly displayed through the website, of a specific product.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify info@coresurfingshop.com so that CORESURFING S.L. can correct them as soon as possible.
The USER may keep their data updated by accessing their user account.
Contracting procedure
To access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the required personal data, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD), regarding the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER shall select a username and a password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or potential access by an unauthorized third party, so that the PROVIDER may proceed with immediate blocking.
Once the user account has been created, please be informed that, as required by Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:
1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Claims and online dispute resolution.
5. Force majeure.
6. Competence.
7. General terms of the offer.
8. Price and validity period of the offer.
9. Transport costs.
10. Payment method, expenses, and discounts.
11. Purchasing process.
12. Severability and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER implies the USER's acceptance of these legal terms. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not ship any order until payment has been verified.
Shipments of merchandise will usually be made via EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
Shipping will take place once the availability of the merchandise has been confirmed and payment for the order has been verified.
The delivery time will be between 2 and 6 working days, depending on the destination town/city and the chosen payment method. The estimated date of dispatch and delivery will be provided prior to order confirmation.
Non-execution of the distance contract
In the event that the contract cannot be executed because the contracted product or service is unavailable within the expected timeframe, the USER will be informed of the lack of availability and that they shall be entitled to cancel the order and receive a refund of the total amount paid at no cost, without any liability for damages attributable to the PROVIDER arising therefrom.
In case of unjustified delay by the PROVIDER regarding the refund of the total amount, the USER may claim payment of double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of that amount.
The PROVIDER will not assume any liability when delivery of the product or service fails to occur because the data provided by the USER is false, inaccurate, or incomplete.
Delivery shall be considered completed at the moment the carrier has made the products available to the USER and they, or their representative, have signed the delivery receipt document.
The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, through a simple declaration, demand the correction of said lack of conformity, a reduction in the price, or termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.
The USER shall have the right to suspend payment of any outstanding part of the price of the acquired product until the PROVIDER complies with the obligations established in this contract.
It is the USER's responsibility to verify the products upon receipt and state any reservations and claims that may be justified on the delivery receipt document.
In the event that the contract does not involve physical delivery of any product, but rather a download activation on a website, the PROVIDER will inform the USER in advance regarding the procedure to follow to carry out this download.
3. RIGHT OF WITHDRAWAL
Withdrawal form: https://https://www.coresurfingshop.com//formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it is a service provision, to exercise the right of withdrawal. If the PROVIDER does not comply with the duty of information and documentation regarding the right of withdrawal, the period for exercising it shall end twelve months after the expiration date of the initial withdrawal period (Article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws).
The right of withdrawal shall not be applicable (Art. 103 RDL 1/2007, of 16 November) to contracts referring to:
a) The provision of services, once the service has been fully executed, when execution has begun with the prior express consent of the consumer and user and with the acknowledgement on their part that they are aware that, once the contract has been fully executed by the entrepreneur, they will have lost their right of withdrawal.
b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.
c) The supply of goods made according to the consumer and user's specifications or clearly personalized.
d) The supply of goods that may deteriorate or expire rapidly.
e) The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
f) The supply of goods which, after delivery and taking into account their nature, have been inseparably mixed with other goods.
g) The supply of alcoholic beverages whose price has been agreed upon at the time of concluding the sales contract and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.
h) Contracts in which the consumer and user has specifically requested the entrepreneur to visit them for urgent repair or maintenance operations; if, during that visit, the entrepreneur provides services in addition to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to perform the maintenance or repair operations, the right of withdrawal should apply to those additional services or goods.
i) The supply of sealed sound or video recordings or computer programs which have been unsealed by the consumer and user after delivery.
j) The supply of daily newspapers, periodicals, or magazines, with the exception of subscription contracts for the supply of such publications.
k) Contracts concluded at public auctions.
l) The provision of accommodation services for purposes other than serving as a dwelling, transport of goods, car rental, food, or services related to leisure activities, if the contracts provide for a specific date or period of execution.
m) The supply of digital content not provided on a tangible medium when execution has begun with the prior express consent of the consumer and user with the acknowledgement on their part that they consequently lose their right of withdrawal.
Any return must be communicated to the PROVIDER within 15 days following receipt of the product, requesting a return number through the form provided for this purpose, or by email to info@coresurfingshop.com, indicating the corresponding invoice or order number.
Once the USER has made the return request, the courier company will proceed to collect the package on the date and at the place indicated in the form, and the USER must attach the return number to the package for subsequent identification, with the PROVIDER assuming the cost of the return.
In the event that a return is not made with the original delivery packaging, the PROVIDER may charge the USER a cost of €9.95, having previously informed them of this through the same communication channel used.
4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION
Any complaint that the USER deems appropriate will be handled as soon as possible and may be addressed to the following contact addresses:
Postal: CORESURFING S.L., Calle Santo Domingo de la Calzada, 6 - 15701 Santiago de Compostela (A Coruña)
Phone: 981 069 037
E-mail: info@coresurfingshop.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 justice, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately 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 be liable for any failure due to force majeure. Compliance with the obligation will be delayed until the force majeure event ceases.
6. JURISDICTION
The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale.
If any provision of these conditions is considered void or impossible to fulfill, the validity, legality, and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, understood, and accepted these Conditions in their entirety.
7. GENERAL ASPECTS OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration, or agreement contrary to the Commercial Proposal of CORESURFING S.L. or what is stipulated herein shall have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. Unless expressly stated otherwise, these prices do not include shipping or communication costs, handling, or any other additional services and annexes to the purchased product.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some products may vary in real time.
Before making the purchase, you can check all the details of the quote online: items, quantities, price, availability, transport costs, charges, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed.
Once the order is placed, prices will remain fixed whether the products are available or not.
Every payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the business name they provided at the time of placing the order. This invoice can be downloaded in PDF format by accessing the website's management panel with the user account. If you wish to receive it via email, you must request it through any of the means that the PROVIDER makes available to you, noting that you may revoke this decision at any time.
For any information regarding the order, the USER may contact the PROVIDER's customer service phone number 981 069 037 or via email at info@coresurfingshop.com.
9. TRANSPORT COSTS
The prices published in the store do not include shipping or communication costs, nor installation or unloading, or supplementary services, unless expressly agreed in writing otherwise.
Shipping costs will be calculated at the time of saving the basket or quote, as they are calculated based on the weight of the products and the delivery address.
The maximum transport rate (VAT included) applied is as follows:
Peninsular Spain: General rate €5.90. Free shipping on purchases over €40 (except items with special dimensions)
Balearic Islands: €5.90
Portugal: General rate €5.90. Free shipping on purchases over €40 (except items with special dimensions)
Other EU countries: General rate €15
*We do not ship to the Canary Islands, Ceuta, or Melilla.
10. PAYMENT METHODS, CHARGES, AND DISCOUNTS
The PROVIDER is responsible for economic transactions and enables the following methods to make payment for an order:
- Credit card
- PayPal
- Bank transfer
- APLAZAME (INSTALLMENT PAYMENT METHOD)
The USER may use a discount coupon at the moment prior to completing the purchase if they have received it from the PROVIDER.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these ends, the user/customer accepts that the provider may obtain data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
Under card brand programs, the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant, or Cardholder is prohibited.
11. PURCHASE PROCESS
Any product from our catalog can be added to the basket. In it, only items, quantity, price, and total amount will be observed. Once the basket is saved, charges and discounts will be calculated according to the payment and shipping data entered.
Baskets have no administrative binding; it is only a section where a quote can be simulated without any obligation from either party.
From the basket, an order can be placed by following the steps below for its proper formalization:
1. - Verification of billing data.
2. - Verification of the shipping address.
3. - Selection of the payment method.
4. - Place order (buy).
Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming that the order has been placed.
Orders (purchase requests)
Prior to the order confirmation, information will be provided on the order status and the approximate shipping and/or delivery date.
12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are deemed illegal, void, or for any reason unenforceable, this condition shall be considered severable and will not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice, or policies that are applicable to them.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power, or remedy that may be available to the PROVIDER.
13. GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws:
Article 114. General principles.
The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, responding to them for any lack of conformity that exists at the time of delivery of the product.
Article 115. Scope of application.
1. Included in the scope of application of this title are sales contracts for products and contracts for the supply of products to be produced or manufactured.
2. The provisions of this title shall not apply to products purchased through judicial sale, to water or gas, when they are not packaged for sale in a delimited volume or determined quantities, and to electricity. Nor shall it apply to second-hand products purchased at an administrative auction which consumers and users may attend in person.
Article 116. Conformity of products with the contract.
1. Unless proven otherwise, products shall be understood to be in conformity with the contract provided they fulfill all the requirements expressed below, unless the circumstances of the case make any of them inapplicable:
a) They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
b) They are fit for the purposes for which products of the same type are ordinarily used.
c) They are fit for any particular purpose required by the consumer and user when they have made it known to the seller at the time of conclusion of the contract, provided that the seller has admitted that the product is fit for that purpose.
d) They show the quality and performance which are normal in products of the same type and which the consumer and user can reasonably expect, given the nature of the product and, where appropriate, public statements on the specific characteristics of the products made by the seller, the producer, or their representative, particularly in advertising or on labeling. The seller shall not be bound by such public statements if they show that they were unaware and could not reasonably be expected to know of the statement in question, that said statement had been corrected at the time of conclusion of the contract, or that said statement could not have influenced the decision to purchase the product.
2. Lack of conformity resulting from incorrect installation of the product shall be equated to lack of conformity of the product when the installation is included in the sales or supply contract regulated in Article 115.1 and has been carried out by the seller or under their responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.
3. There shall be no liability for lack of conformity that the consumer and user knew or could not reasonably have been unaware of at the time of conclusion of the contract or that originate from materials supplied by the consumer and user.
Article 117. Incompatibility of actions.
The exercise of the actions contemplated in this title shall be incompatible with the exercise of actions derived from the remedy for hidden defects in a contract of sale.
In any case, the consumer and user shall have the right, in accordance with civil and commercial legislation, to be indemnified for damages and losses derived from the lack of conformity.
Article 118. Liability of the seller and rights of the consumer and user.
The consumer and user has the right to the repair of the product, its replacement, a price reduction, or the termination of the contract, in accordance with the provisions of this title.
Article 119. Repair and replacement of the product.
1. If the product is not in conformity with the contract, the consumer and user may choose between demanding the repair or the replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user informs the seller of the chosen option, both parties must abide by it. This decision of the consumer and user is understood to be without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. A form of remedy shall be considered disproportionate if, in comparison with the other, it imposes costs on the seller that are unreasonable, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative remedy could be carried out without significant inconvenience to the consumer and user.
To determine whether the costs are unreasonable, the expenses corresponding to one form of remedy must, in addition, be significantly higher than the expenses corresponding to the other form of remedy.
Article 120. Legal framework for the repair or replacement of the product.
Repair and replacement shall comply with the following rules:
a) They shall be free of charge for the consumer and user. Such gratuity shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
b) They must be carried out within a reasonable time and without significant inconvenience to the consumer and user, taking into account the nature of the products and the purpose for which they were intended by the consumer and user.
c) Repair suspends the calculation of the time limits referred to in Article 123. The suspension period shall begin from the time the consumer and user makes the product available to the seller and shall conclude with the delivery of the already repaired product to the consumer and user. During the six months following the delivery of the repaired product, the seller shall be liable for the lack of conformity that motivated the repair, and it shall be presumed that it is the same lack of conformity when defects of the same origin as those initially manifested recur in the product.
d) If, once the repair is completed and the product is delivered, it remains non-conforming with the contract, the consumer and user may demand the replacement of the product, unless this option proves disproportionate, a price reduction, or the termination of the contract under the terms provided in this chapter.
e) Replacement suspends the time limits referred to in Article 123 from the exercise of the option by the consumer and user until the delivery of the new product. The substitute product shall, in any case, be subject to Article 123.1, second paragraph.
f) If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option proves disproportionate, a price reduction, or the termination of the contract under the terms provided in this chapter.
g) The consumer and user may not demand the replacement in the case of non-fungible products, nor when dealing with second-hand products.
Article 121. Price reduction and termination of the contract.
Price reduction and termination of the contract shall proceed, at the choice of the consumer and user, when the user cannot demand repair or replacement, and in cases where these have not been carried out within a reasonable time or without significant inconvenience to the consumer and user. Termination shall not proceed when the lack of conformity is of minor importance.
NOTE according to Art. 108.2: The USER is informed that they will only be liable for any diminished value of the goods resulting from handling other than that necessary to establish their nature, characteristics, or functioning. In no case shall the user be liable for the diminished value of the goods if the entrepreneur has not informed the user of their right of withdrawal in accordance with Article 97.1.i).
Article 122. Criteria for price reduction.
The price reduction shall be proportional to the difference between the value the product would have had at the time of delivery had it been in conformity with the contract and the value that the product actually delivered had at the time of such delivery.
Article 123. Time limits.
1. The seller is liable for any lack of conformity that becomes apparent within a period of two years from delivery. For second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery.
Unless proven otherwise, it shall be presumed that any lack of conformity that becomes apparent within the six months following the delivery of the product, whether new or second-hand, already existed when the item was delivered, except when this presumption is incompatible with the nature of the product or the type of lack of conformity.
2. Unless proven otherwise, delivery is understood to have taken place on the date appearing on the invoice or purchase receipt, or on the corresponding delivery note if it is later.
3. The seller is obligated to provide the consumer or user who exercises their right to repair or replacement with documentary proof of the delivery of the product, stating the date of delivery and the lack of conformity giving rise to the exercise of the right.
Likewise, together with the repaired or replaced product, the seller shall provide the consumer or user with documentary proof of delivery stating the date thereof and, where applicable, the repair performed.
4. The action to claim compliance with the provisions of Chapter II of this title shall be time-barred after three years from the delivery of the product.
5. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this period shall not result in the loss of the corresponding right to a remedy, although the consumer and user shall be liable for any damages or losses effectively caused by the delay in communication.
Unless proven otherwise, it shall be understood that the communication from the consumer and user has taken place within the established period.
Article 124. Action against the producer.
When it is impossible or represents an excessive burden for the consumer and user to address the seller due to the lack of conformity of the products with the contract, they may claim directly from the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the producer's liability ceasing, for the purposes of this title, within the same periods and conditions as those established for the seller, the producer shall be liable for the lack of conformity when it refers to the origin, identity, or suitability of the products, in accordance with their nature and purpose and the regulations governing them.
Whoever has responded to the consumer and user shall have a period of one year to seek recourse against the party responsible for the lack of conformity. Said period shall be calculated from the moment the remedy was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or interpreted in accordance with Spanish legislation regarding matters not expressly established. Any controversy that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER's domicile, the place of performance of the obligation, or the location of the property if it is real estate.
