General Terms And Conditions Of Use
The TERMS AND CONDITIONS are of general character and regulate the content and use of the Web as a whole. Nevertheless, the access and use of some specific service or Web content may require the acceptance of some terms and particulars by the User.
IDENTIFICATION OF THE HOLDER OF THE WEB SITE
Registered office: Calle Aduana 21, Irún, 20302, Guipúzcoa, Spain.
E-mail address: firstname.lastname@example.org
Company: Frontera Surf S.L.
Company VAT: B75237982
USER: ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE WEB
The user shall be understood as anyone who accesses, navigates, or uses the contents and/or services that can be found on the Web at any given time. Hereinafter the user of this Web shall be referred to as the “User” or “Users”. The User who also acquires any product and/or contracts any service offered via the Web shall be known as the “Client”.
The whole of the products and services offered on the Web and which can be acquired by the User shall be known as the “Products”.
The access and use of the Web, and in its case the acquisition of any product offered therein, by the User and/or Client, implies their acceptance of all the TERMS AND CONDITIONS with no reservations.
The contents and services offered by The Company are of a changing nature and, therefore, The Company reserves the right to modify, without prior warning, the TERMS AND CONDITIONS herein to adapt them to the new content and to adapt them to the legislation applicable at any given time. In the same way, The Company reserves the right to update, modify or eliminate the information contained in the Web, as well as that of the products offered therein and the configuration and/or presentation of its contents, at any time, and without prior warning, and without accepting any liability for doing so. In consequence, the User acknowledges and accepts the obligation of revising and fulfilling the TERMS AND CONDITIONS which are applicable at the time.
ACCESS TO THE WEB AND THE CONTENTS RESERVED FOR REGISTERED USERS
Access to the Web is open and free. Registration is not required to access its contents. Nevertheless, the User might be required to register in order to enter comments in the sections specifically dedicated to this purpose, as well as for the acquisition of the Products offered therein. Also, it may be necessary that the User facilitates personal data when they freely wish to make use of any of the services offered that thus require it.
Under all circumstances, when the User opts to register themselves in any of the sections or services offered on the Web, they agree to provide the information required, which will be true and lawful.
In the event that The Company provides the User with a password, being chosen or not by the User, the latter agrees and undertakes to make exclusive use of it and to keep it private, with the due diligence to keep it and avoid it getting into the hands of third parties who might supplant their identity, exempting The Company from any illegitimate use of it as a consequence of the noncompliance with this duty.
In the event that the User detects that a non-authorized use has been made of their password or knows that it has been lost, they agree to immediately notify The Company of the corresponding incident via, in the event, the links specifically destined for this purpose in the Web and/or the e-mail address email@example.com
In no case will The Company be liable for the use made of the password by non-authorized third parties or for the loss of the password by the User.
The User has the option of registering in the Webby following the procedure described below. First, create a new account or, to access a pre-existing account, the user must select the button or link “ENTER YOUR ACCOUNT”.
In the event that they already have an account, the User must introduce their e-mail and corresponding password in order to access it in the section “ENTER YOUR ACCOUNT”. Otherwise, the User that wishes to create an account must select the button “CREATE ACCOUNT”.
By selecting the option to create an account, the User must fill out a form entering the information required (name, surname, e-mail, and password). Similarly, the User may authorize The Company to send their marketing information by marking the option “Yes, I would like to receive information from Deflow”. Otherwise, you must unmark this option.
Finally, to terminate the creation of the account, the User must select the option “CREATE ACCOUNT”.
Once this process has been completed, the User will be registered in the Web and will have their own account.
The registered User can access at any time a control panel from where they will be able to manage and review and, in the event, update the information provided previously, by accessing the following sections: (i) Data and addresses, (ii) change password, (iii) orders in process, (iv) order history, (v) orders pending, (vi) returns, (vii) my subscriptions y, (viii) close session.
USE OF THE WEB, ITS CONTENTS AND SERVICES
The User of the Web agrees to make use of it and its contents and services in compliance with the TERMS AND CONDITIONS and, in the event, with the particular conditions that are applicable, as well as respecting and fulfilling the law at all times and any other current legal disposition or regulation applicable at any given moment.
It is forbidden to use and access the Web via any application, computer programme or analogue system which may harm or hinder its normal functioning, including the alteration, elimination or blocking of the contents or services offered, or of any other mechanism that may affect them, especially those which could lead to the deprivation of access and use of the Web, or of any part of it, by third parties.
Access to the Web is equally forbidden via programs or other computer mechanisms which, voluntarily or involuntarily, could lead to an overload of the resources used by The Company in order to maintain the Web accessible to the public and/or which allow non-authorized access to sections of the Web not accessible to the general public or to the computer system wherein it is housed, and/or that could introduce a virus or other malicious software or scripts which cause errors in the aforementioned computer system or in the functioning of the Web itself.
In all respects, the User agrees to make suitable use of the contents and services of the Web, especially in relation to any section where they are allowed to participate, where the principles of good faith and respect towards others, The Company, and any third party will govern equally. The Company rejects any liability which may derive from the exchange of information between users via the Web. Similarly, The Company is not liable for the access and use that minors may make of the contents and services offered on the Web.
In all respects, The Company reserves the rights, under their sole criteria and under any circumstance, to cancel, eliminate or prohibit the use of any or all of the services of the Web to any User, when this User may have made incorrect or undue use of the Web, contrary to that laid out in these TERMS AND CONDITIONS or, when applicable, to the particular conditions of each service, the Law applicable at any given moment.
Information of the Products: The descriptions of the different Products are based on the information and documentation provided by their respective manufacturers and/or distributors.
Nevertheless, the photographs, descriptions, evaluations, and other contents found in the Web are included for illustrative purposes and to provide the User with further information, without this representing, under any circumstances, a particular recommendation by The Company or that the Product contracted is exactly identical to that of the images, and therefore, the Products represented may present some difference and/or the use represented may not be that most suitable for the pretensions of the User and/or Client.
All the Products of the Web are marketed in and from Spain, independent of the place of delivery, nationality, and billing address of the buyer. In this regard, all the Products marketed comply with the applicable regulation current in the country of marketing, including all the corresponding homologations required in Europe, as indicated in the certifications identified for each one of the Products.
It is the sole responsibility of the User buying any Product from the Web to verify that (i) the Product is suitable for the use for which the User intends it and, (ii) that the Product complies with all the regulatory requisites demanded its use at the site intended by the User.
In consequence, the User accepts that they are solely responsible for any use made of the Product acquired different to that recommended by the manufacturer and of the regulations that could be of application in their territory.
Under all circumstances, The Company informs that the proposition or recommendation of the use of a Product marketed in the Web for the practice of any activity, is solely for illustrative and informative purposes, there may be certain reservations and incompatibilities when these are used outside the Spanish territory, which is why under no circumstances The Company guarantees the suitability or adequacy of the Product for the practice of a particular activity different to that expressly foreseen and never when this is performed outside the Spanish territory.
INTELLECTUAL AND INDUSTRIAL PROPERTY
“Frontera Surf” is a brand registered in Europe with the number 015661648. In consequence, the use of the name or any sign which could lead to confusion as regards the holder or origin by third parties, without the prior, written authorization of The Company, is expressly forbidden. Similarly, the web page fronterasurf.com is a registered domain belonging to The Company, and a similar form or with other extensions cannot be used unless with the express, prior, and written authorization from The Company, when their aim is to offer products or similar services to the Products marketed by The Company with the aim of avoiding, amongst other things, the risk of creating confusion between the consumers and users as regards the origin of the products and/or services consumed and/or acquired.
All the Intellectual and Industrial property rights of the contents of the Web (“Intellectual and Industrial property rights”), including the images and videos, the texts, designs, applications, programs, code, etc., are the exclusive property of The Company or they are duly authorized by the legal holder to make use of them.
The whole or partial reproduction of the Web, or its contents, is expressly forbidden without express, prior, and written authorization from The Company. In the same way, copying, reproduction, adaptation modification, distribution, commercialization, or any other action which entails or may entail an infraction of the current Spanish and/or international regulation as regards Intellectual and/or Industrial property rights is forbidden.
Therefore, all reproduction, distribution or public communication, or total or partial transformation of any content found on the Web is expressly forbidden, without express and written authorization from The Company. Notwithstanding the foregoing, various contents or services of the Web may specify some TERMS AND CONDITIONS of use which may be more or less restrictive; these prevail over the Terms and Conditions, as regards the content and/or services affected by the same.
The Company only authorizes referencing the contents which appear in the Web on other web pages or communications, always when these webs or communications maintain the principles of good faith and respect and completely fulfill the current legislation and the rest of the Terms and Conditions, especially those referring to the prohibition of the reproduction of the contents shown in the Web, with aims different to those permitted under these Terms and Conditions, without the express prior and written authorization The Company.
LINKS TO WEB PAGES OR THIRD PARTY CONTENTS
The Company informs the User that the Web could include contents and/or links to third-party web pages.
The Company is not liable for the contents, services, scripts, functionalities, and other technical conditions that the User might find outside the Web which may be accessible via links found inside the Web. These links have a merely informative nature for the User and they are free to follow them solely on their own criteria. Under no circumstances could it be considered that The Company manifests an approval, opinion, or any other manifestation as regards the contents, products, services, etc. that may be found in the destination of the aforementioned links outside the realm of the Web. In the same way, and even though The Company establishes some type of control system for contents directly entered by the Users in the spaces destined for expressing evaluations of the Products, The Company does not identify with nor is liable for the content and form of these, limiting itself to perform greater efforts to avoid that these contents do not infringe these Terms and Conditions, those which particularly apply in this case, as well as any other applicable rule, including that of moral and public order.
Access to payment pages via the services TPV, Paypal, or any other offered on the Web, is made via a secure line managed by and responsibility of the services providers of the payment service chosen by the User/Client.
For further information, see the section PAYMENT METHODS.
The TERMS AND CONDITIONS contain the whole of the TERMS AND CONDITIONS between the User and The Company as regards the contractual object.
The User will always have the TERMS AND CONDITIONS in a visible and easily accessible site within the Web. It is the responsibility of the User to carefully read the TERMS AND CONDITIONS current at any given time, as a prior and indispensable step to the use of and/or acquisition of Products via the Web.
In the event that any of the provisions of the TERMS AND CONDITIONS were to be declared invalid or unenforceable, the invalidity or unenforceability of said provision will not affect the rest of the provisions, which will conserve their strength and vigor. Those invalid or unenforceable provisions will be substituted by valid and enforceable provisions which will, in the best way possible, achieve the objectives of the invalid or unenforceable provisions.
The lack or delay in the exercise of a right or power conferred by the TERMS AND CONDITIONS will never imply the waiver of this right or power by the holder, nor will it imply a modification of the Terms and Conditions, even if this lack or delay in the exercise of a right or power occurs on one or more occasions. In all cases, a waiver to a right or power or modification of the TERMS AND CONDITIONS will only be effective when this has been effected via a document signed by the withdrawing party or by a person with sufficient capacity to act on their behalf.
APPLICABLE LAW AND JURISDICTION
Any question relative to the interpretation, fulfillment, and/or validity of the TERMS AND CONDITIONS and/or the particular conditions applicable in each case, that may arise between the User and The Company shall be analyzed in accordance with the TERMS AND CONDITIONS themselves and the particular conditions in the first place, and in second place, in accordance with San Sebastian Law and, subsidiarily, in accordance with the Spanish normative, which are applicable at a given time.
In the event of a conflict between the User and The Company which arises from and/or is linked and/or related to the Terms and Conditions, the parts expressly agree to submit to the jurisdiction of the Courts of Law of the City of San Sebastian, and/or those corresponding to the domicile of the consumer.
Sales Terms And Conditions
AREA OF APPLICATION
Hereinafter are established the terms and conditions which regulate the purchase of Products offered by The Company to the Users via the Web (“Conditions of Sale”).
The Conditions of Sale form part of the Terms and Conditions of the Web.
The User who also acquires any product via the Web shall be known as the “Client”. By the simple acquisition of any Product, the Client accepts the Conditions of Sale.
PRICES OF THE PRODUCTS AND SHIPPING COSTS
The final prices of the Products as indicated on the Web (“Prices”) may differ in function of the country of destination selected by the Client. Except for transcription errors, the prices are those indicated for each Product.
Unless expressly indicated otherwise, the Prices in the Web include Value Added Tax (VAT) and/or any other tax which is applicable in those territories belonging to the European Union. For those countries outside the European Union, as well as the territories of the Canary Islands, Ceuta, and Melilla, the Prices indicated do not include VAT or the corresponding tax. Nevertheless, the Prices indicated on the Web do not include, under any circumstances, the shipping costs which, in the event, may be derived from the delivery method selected for the reception of the Product.
The amount for the shipping costs varies in function of the type of Product acquired, of the total amount of the Products acquired, as well as the place of delivery of these, for this reason, the Client will be responsible for verifying, in each case, the total amount for the aforementioned shipping costs, prior to formalizing the purchase of the Products. For further information, go to the section on SHIPPING COSTS.
Also, for the greater convenience of Clients who do not operate with Euros, The Company has incorporated the possibility of viewing the prices and purchasing Products on the Web in two different currencies: the American Dollar and the Pound Sterling.
The Company reserves the right to revise and/or modify the prices at any time. The Client will acquire the Products at the Prices that appear on the Web at the time of formalization of the purchase.
Except for an error in transcription, the prices will not be modified once the purchase has been confirmed by The Company.
PURCHASING PROCESS OF THE PRODUCTS AND FORMALISATION OF THE PURCHASE
The acquisition of any Product by the Client is carried out in accordance with the procedure described below.
Step 1: Selection of the Products
The Client who wishes to make a purchase must, first of all, navigate until they find and select the Product/s chosen, selecting the option “Add to cart” and then select the number of units that they wish to acquire which will be incorporated into the shopping cart, where all the Products that the Client has the intention of acquiring will accumulate (“Cart”).
Having selected the Product/s, the Client may repeat this action and choose more Product/s and incorporate them into the Cart.
Once the selection of all the Products they wish to acquire is finalized, the Client must click on the “Cart” symbol to continue with the purchasing process.
Step 2: Formalisation of the purchase of the Products
Once the Cart symbol has been selected, the Client will be shown a summary of the order with all the previously selected Products. This summary will allow them to remove chosen Products and/or vary the number of units selected for each one of them.
The value for the total amount of the purchase will be shown beneath the summary of the Products selected, broken down into the following concepts: (i) Price of the Products and, in the event, (ii) the corresponding taxes and, (iii) applicable shipping costs.
In the event of having a promotional code, the Client must enter this into the corresponding section, located just after the total amount for the purchase of the Products.
Afterward, the Client must select the option (i) formalize the purchase, entering their account, if they have one, in which case the data they entered at the time of creating this account will be used, or (ii) formalize the purchase as “guest”, that is, as a person who does not have an account. In the latter case, the Client must fill out the form “SHIPPING ADDRESS” with the information required, indicating here the address where they wish to receive the Products acquired. In the event that the Client wishes to receive the order at a different address to that for billing, they must unmark the box “Use shipping address” and in this case fill in the form “BILLING ADDRESS” which appears on the screen, with the identity data and address where they wish the corresponding bill to be issued.
In the section “SHIPPING METHOD” the Client may select the type of shipping they wish to contract for the reception of the Products, namely: (i) standard shipping, (ii) express delivery or, (iii) collect in store. The shipping costs differ in function of the shipping method selected. In any case, the total amount of the shipping costs for each of the methods available will be indicated, such that the Client will have this information prior to the selection of the delivery method.
Also, the Client has a space called “OBSERVATIONS” where they may indicate any comments regarding the delivery of the Products or localization of the place of delivery that they deem opportune, which, as far as is possible, The Company will try to respect.
On the other hand, the Client that has formalized the purchase as a guest due to not having an account will have the option of creating one during the purchasing procedure with the data provided during this procedure, by accessing the section “CREATE AN ACCOUNT” and entering and confirming a password of their choosing.
Having completed all the forms and have provided all the information previously indicated, a final summary is shown (“ORDER SUMMARY”) where the total amount to be paid by the Client for acquiring the Products is indicated, broken down into (i) total amount for the Products, without VAT and/or the corresponding tax, (ii) amount for VAT and/or applicable tax, in the event, and (iii) amount for shipping costs.
Similarly, in compliance with the current normative regarding Protection of Personal Data, the Client may authorize The Company to send news, commercial offers, and/or relevant promotions, keeping the option “I want to receive Deflow News, Offers and Promotions” selected or, in the event, not authorize The Company for these mailings, in this case un-marking the aforementioned option.
Finally, to conclude the purchasing Process, the Client must select the payment method they wish to use, in the section “PAYMENT DETAILS” choosing between (i) payment via credit card, (ii) payment via PayPal.
For information about the different payment modes, see the section on PAYMENT MODES.
Once the method of payment has been selected, the Client must click the tab “PLACE ORDER” which will redirect them to the web page of the corresponding bank entity or, in the event, the page of The Company that has the bank data in function of the previously selected payment method. The payment system is fully managed by your payment entity. For any incidence that you may encounter at this point, please address your payment entity to resolve them.
Once the purchasing process is finalized, The Company will send an e-mail to the Client confirming the order, indicating the number of the order placed as well as the details of the different elements constituting the order (Products, Prices, Taxes, and Shipping costs). The purchase/sale of the Products will be understood to be perfected only after the Client receives the aforementioned e-mail confirming the order. The Client who is considered to be exempt or not subject to VAT taxation due to fulfilling the legal requisites established in Law 37/1992, of the 28th of December, of Valued Added Tax, must contact The Company at the e-mail address firstname.lastname@example.org
The Client may consult the delivery status of the order placed via the section “ORDER TRACKING”, entering the corresponding order number and e-mail used at the time of purchase.
In the event that the Client wishes to modify any of the data of the order after the purchasing process, they should contact The Company’s Customer Services. The Client is informed that the modifications made after reception of the confirmation of the order will be registered in The Company’s System, but will not be reflected in the Client’s order history.
Any change to the delivery address made after the expedition of the order might entail an increase in shipping costs.
Within the Product Purchasing Procedure, the Client will be informed of the delivery dates of these.
If there are any stock problems regarding the Products acquired by the Client or any incident in the expedition of the order, The Company will reimburse the corresponding amount in a maximum of 15 days, where the Client may not claim another quantity for any concept including damages.
The Products will be delivered to the address indicated by the Client or, in the event, the store selected by them, within the time indicated during the purchasing process and/or the confirmation e-mail sent by The Company.
The delivery date for the Products varies in function of the typology and features of the Products, of the shipping method selected as well as the place of reception of the Products. The foreseen delivery date for the Product is indicated at the time of selecting a Product on the Web. To this end, the Client is informed that the delivery dates and/or the date leaving the warehouse are merely for orientation and, therefore, any delay regarding the dates indicated does not give the Client any right to claim any type of compensation.
The Company may inform the Client, via e-mail to the address provided during the purchasing process, of the date the corresponding order leaves the warehouse as well as the contact data of the transport company dealing with the order delivery. The Client could also have the updated information regarding order status by consulting the section “Order tracking”.
The Client has an Express Delivery system available, for those cases where they wish to receive the order in a shorter time than the standard. Nevertheless, this system is only available in certain territories. For those territories where this system is not available, the Client will not have the option of selecting Express Delivery during the Purchasing Process. If there were any incidence with the stock or the unavailability of the Products, The Company will immediately inform the Client of this indicating a new delivery date for the order or, if it is not possible to deliver the order, they will proceed to its cancelation and return of the amount for this order, where the Client has no right to any claim or compensation for this concept.
The delivery is considered to be made as of the moment that the Products are made available to the Client at the indicated address, or in the event, The Company store selected by the Client as the delivery site.
The delivery address for the orders will be that indicated by the Client during the Purchasing Process. In the event that the address provided by the Client is wrong, incorrect, incomplete, or does not exist, The Company will not be liable for any damages caused or derived from the delivery.
In the event that the order cannot be delivered as there is no one is at the delivery address indicated by the Client, they must communicate with the corresponding transport company who will then indicate the conditions for a new delivery of the Product. In these cases, the Client may acquire the Products within the delivery time and in accordance with the conditions established by the corresponding transport company.
In the event that the Client selects the option for delivery of the order in a store belonging to The Company, the latter will send an e-mail to the Client communicating the date that the order will be available in the allotted store. The Product will be available to the Client in the allotted store for a period of 30 natural days as of the date stated in the e-mail. After this time, if the Client has not proceeded to collect the order, The Company will proceed to the automatic return of the order to their warehouses and the Client must bear the costs of shipping and return of the order, as well as any other cost that might be derived from this event.
For the delivery of the Products, be it in the store or at the address indicated by the Client, the recipient must show some identification document to the carrier or representative in The Company store, verify the state of the Products, as well as a note in the delivery sheet all the observations that they feel are pertinent as to the goods received. If upon opening the order the Client observes that one or more of the Products are damaged due to transport, that they are incorrect or a Product is missing, they must communicate this event, in writing, to The Company within a maximum of 14 natural days after delivery of the order.
Unless there is a concurrence of any of the exceptions legally set forth in the Legislative Royal Decree 1/2007, of the 16th of November (or current normative which substitutes this), the Client may exercise the right of withdrawal (“Right of Withdrawal”), within a period of 14 natural days after receiving the Products or, in the event, as of the signing of the contract in the case of services rendered, in accordance with the applicable legislation.
The Right of Withdrawal consists of the faculty of the consumer and user to rescind the contract signed, thus notifying The Company within the time established for the exercise of this right, without having to justify their decision and without any type of penalization.
To this end, the Client must inform The Company of the exercise of the Right of Withdrawal, by sending a document to the e-mail address email@example.com
As a consequence of the exercise of the Right of Withdrawal by the Client, they must return the Products acquired to The Company the Products and they must pay the Client the amount corresponding to these acquired goods. Nevertheless, the Client will be responsible for maintaining the packaging elements for each Product they mean to return in perfect condition, and they are liable for any cost incurred to The Company due to their deterioration.
For greater ease and convenience for the Client, The Company offers the possibility of acquiring the Products via different payment methods. The Client must select their preferred payment mode during the purchasing process.
The payment methods available may vary in function of the territories from which the Client purchases the Products. To this end, during the purchasing process, the Client will only be shown the payment methods available in the territory indicated by the Client.
In continuation, the different payment modes are detailed which, in the event, can be selected by the Client.
PAYMENT BY CREDIT CARD
The Client that selects this payment method during the purchasing process will be directly redirected to the web page of the bank entity that The Company collaborates with. The data regarding the credit card of the Client entered into the web page of the bank entity are directly sent to this entity via a secure protocol (HTTPS), without The Company having to store or treat this data.
The amount for the Products acquired by the Client will be charged to the credit card indicated at the time that the “Pay” option is selected on the web page of the corresponding bank entity.
For security reasons, The Company reserves the right to reject and/or cancel any purchase operation where the payment has been carried out via the credit card system. In this case, The Company will communicate this fact to the Client and will return the total amount of the purchase to the credit card used by the Client in the purchasing process, within a maximum of 15 days as of the moment that the Client made the payment. Similarly, The Company may indicate an alternative payment system to the Client whereby the Client may acquire the Products.
PAYMENT VIA PAYPAL
The Client that selects this payment method will be redirected directly to the PayPal web page, where they must fill out a form with the information required in order to effect the payment for the purchase of the Products. All the information entered by the Client in the PayPal web page is directly provided to this credit entity, without being subject to treatment under any circumstances by The Company.
The validation and/or acceptance of the payment of the order is carried out via the encrypted computer system of PayPal. In the case of PayPal ShortCut, the last click is made in the Deflow environment but always via PayPal encryption.
SHIPPING METHODS AND SHIPPING COSTS
The shipping costs vary in function of the shipping method, the destination selected by the Client for the reception of the Products, as well as the typology, weight, and other features of the Product.
The shipping costs that must be paid by the Client are those indicated on the Web for each Product selected or, in the event of purchasing various Products, those indicated at the end of the purchasing process.
The taxes applicable to the shipping costs will be the same as those applicable, in accordance with the current normative, to the main purchase/sale operation.