Terms and conditions of use

TERMS OF USE

1. GENERAL INFORMATION [/ N]

These terms of use (the "Terms of Use") govern your access to and use of the website hosted under the domain name www.shorebreak.es (the "Web Site") and under any of the subdomains or dependent websites thereof, and the content and services that the owner of the website makes available to its users ("Users") and establish with the Privacy and Cookies relating to the management of personal data of Users The terms and conditions on which the Web Site is governed.
In compliance with article 10 of Law 34/2002, of July 11, Services Information Society and Electronic Commerce, the following identification of the owner of the Website are as follows:

Tax data: Shorebreak SL CIF B57653651 Carrer D’Orfila 2, 07001 Palma de Mca (Balearic Islands). Mail info@shorebreak.es Inscrita in the Register of Palma de Mallorca Volume 2418 Folio 182 Sheet PM-65513 Registration I

2. OBJECT OF THE CONTRACT [/ N]
These Terms of Use constitute the entire agreement through which the conditions of purchase of products made available to Users by SHOREBREAK SL on the Web Site (the "Products") are regulated.
Access to the Web Site or use by the user as well as the purchase of any product, necessarily implies, and unreserved knowledge and acceptance of these Terms of Use, therefore, recommended that the user read them carefully each time you want to buy a Product.
3. PURCHASE OF GOODS [/ N]
3.1. How to Buy Products
To order products, the User must follow the purchasing procedure established on the Website, read and accept the Terms of Use and select "Finish and Pay" (the "Order"). Then SHOREBREAK S.L. send an email to the user confirming that the Order has been accepted (the "Order Confirmation"). The contract between you and SHOREBREAK S.L. finally be formalized once SHOREBREAK S.L. send the user the Order Confirmation. Will be covered by the contract only those products listed in the Order.

3.2. Availability of Products

All orders are subject to availability of the Products. In the event that, once sent the Delivery Confirmation, SHOREBREAK S.L. Product could not have asked for any reason, it will contact the User as soon as possible communicating that fact. In this case, SHOREBREAK S.L. can:
(I) provide the user with no increase in price, product features and similar to the originally requested specifications, provided they are consistent with the needs of the user; and / or
(Ii) provide the user rescind the order requested reintegrándole the amount paid by it, within (14) business days.

3.3. Refusal to process an Order
Although SHOREBREAK S.L. will endeavor to always process all the orders, there may be exceptional circumstances that require you to refuse to process an order after having sent the Order Confirmation, so SHOREBREAK S.L. reserves the right to do so at any time in its sole discretion.

SHOREBREAK S.L. reserves the right to withdraw any products from the Web Site at any time and to remove or edit any materials or content, not being liable to the User or to any third party by reason of our withdrawing any Goods from the Website, regardless of whether the product has been sold or not, to remove or edit any materials or content on the Web Site.
3.4. Product Warranty
All products contained in the Website are warranted for two (2) years in accordance with the criteria and conditions described in Royal Decree Legislative 1/2007 of 16 November, by which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
Means that the products are in conformity with the Terms of Use provided they meet all the requirements stated below:
(I) Comply with the description given by SHOREBREAK S.L. and possess the qualities of the product that SHOREBREAK S.L. User submitted as a sample or model.
(Ii) they are fit for the purposes intended ordinarily Products of the same type.
(Iii) they are fit for any particular use required by the user when he made known to SHOREBREAK S.L. whenever SHOREBREAK S.L. has admitted that the product is suitable for such use.
(Iv) To provide quality and usual features of a product of the same sort that you would expect, given the nature of the product.
In the event of being proven that the Product does not conform to the specifications, SHOREBREAK S.L. shall, where appropriate, repair, replacement, price reduction or termination of the contract being such free steps to the User.
SHOREBREAK S.L. is not responsible for damage to the Products that may result from misuse thereof, as well as acts or omissions of the user that do not conform to the specifications of each product or damage caused by third parties not SHOREBREAK S.L.
SHOREBREAK S.L. puts the greatest care in conducting the presentation and description of the Products. However, the photographs of the products are presented illustratively. For the precise characteristics of each Product you should check the corresponding descriptive data accompanying each product.

3.5. Delivery of Products
After submitting the Order Confirmation, the Products are delivered to the address specified by the user when performing Order within approximately four to ten (2-3) days that they leave the store SHOREBREAK S.L.
SHOREBREAK S.L. assumes no responsibility when the delivery of the Product not be realized due to the data provided by the User is false, inaccurate or incomplete or if delivery can not be made for reasons beyond the shipping company, assigned to such Indeed, as is the absence or retention User Product in Customs.
Delivery times are approximate, although SHOREBREAK S.L. attempts to match them.
3.6. Price and payment of Products
The price applicable to each Product will be published on the Website on the date that the user perform the Order. Although SHOREBREAK S.L. tries to ensure that all prices listed on the website are accurate, errors may occur. In the event that SHOREBREAK S.L. discover an error in the price of any of the products you have requested a User, will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. If SHOREBREAK S.L. fails to contact the User, the Order will be deemed canceled and the user will be refunded in full the amounts they had paid.
SHOREBREAK S.L. not obliged to provide the User any Product to incorrect lower price (even if you Order Confirmation has been sent) if the pricing error is obvious and unmistakeable and could have reasonably recognized by the user as incorrect price .
Prices may change at any time. However, the changes will not affect the Products in relation to which ITEMS LEISURE have already sent the Delivery Confirmation.

a) Method of Payment

Users may pay by bank transfer, credit card or Visa, Visa Electron, Mastercard or debit card . To minimize the risk of unauthorized access, data from the user's credit card is encrypted. Whether the payment is made by credit or debit card, the charge will be made at the time when SHOREBREAK S.L. send the Order Confirmation to the User.

b) Value Added Tax (VAT)

The VAT rate will be the prevailing rate at all times depending on the particular product in question.
4. RETURNS AND EXCHANGES OF GOODS [/ N]

a) Right of withdrawal

Under the applicable legislation, in the event that the User is contracting as a consumer, you may cancel the contract (except in cases established by law) and return freely and change the Products delivered at any time within fourteen ( 14) calendar days from the date of delivery thereof (the "Cooling Off Period").

Once the relevant inspection of returned to the effect that the requirements of paragraph c) and assuming that the user decides to make a change are met Product, SHOREBREAK S.L. User reimburse the amount of the Product, except Shipping costs to be borne by the user as included in the following table:

Collecting the Product by SHOREBREAK S.L.
Change: 15 euros / Return: 10 euros


Shipping Product by User
Change: 10 euros / Return: no fee

After the Cooling Off Period, no changes or refunds of products will be accepted. Changes will be accepted only by those products that could have resulted defective in accordance with the provisions of the following paragraph b).
b) Refund or replacement of defective products

In the event that the User considers that the Product does not conform to the specifications for such Product, you should contact SHOREBREAK S.L. immediately via email to the contact address info@shorebreak.es Product facilitating data and reporting the defect is and if you opt for a refund or replacement for an identical item.
The User may return the product in the place where they were handed a messenger SHOREBREAK S.L. send or return the product for themselves. Once the relevant inspection of the returned Product, SHOREBREAK S.L. sent within a reasonable time, an email informing the user if any refund or replacement of the Product (the "Decision to Return or Replacement '). In this case, the return or replacement of the Product shall be made as soon as possible and in any event within fourteen (14) days following the date of mailing of the decision of Return or Replacement calendar days.

In the event that appropriate refund or replacement, SHOREBREAK S.L. fully reimbursed to the User Product price including shipping. If the user has chosen replacement, SHOREBREAK S.L. bear all shipping costs.

c) Common provisions for returns

The User shall meet the following requirements to exercise the right of withdrawal, as well as to make refunds and replacements Products:

(I) To arrange collection of the product, the user must first contact SHOREBREAK S.L. sending an email to the contact address info@shorebreak.es ;
(Ii) The User may prove the right of withdrawal in any manner permitted by law, considered in any case validly exercised by returning the Product;
(Iii) The Product must be returned in the same condition that they were received. SHOREBREAK S.L. not refund any amount if the product is damaged, so the user must be careful with the Product while in his possession; and
(Iv) We will refund in the same form of payment that the user used to pay the Product.

[/ N ] WEB SITE [/ N ]
Users agree to use the Website in accordance with the law , morals, good customs generally accepted and the existing public order. Users are obliged to refrain from using the Website for illegal purposes , contrary to the provisions in these Terms of Use, violate the rights and interests of SHOREBREAK S.L. or others, or in any way damage , or impair image or reputation SHOREBREAK S.L. or prevent the normal use or enjoyment of the products and services offered by SHOREBREAK S.L. on the Website .

6. INTELLECTUAL PROPERTY [/ N]
All information contained on the Website, including graphic design and source code are protected by copyright and other rights under Royal Legislative Decree 1/1996 of 12 April approving the Revised Text is approved the Copyright Act and other rules governing intellectual property.
These rights belong exclusively to SHOREBREAK S.L., therefore, is expressly prohibited any reproduction, distribution, transformation or public communication as well as any transfer of all or part of the contents of the Website, and generally any act of exploitation of all or part of the content (images, texts, design, indices, forms, etc.), as well as databases and software required for viewing or operation thereof and any object as current legislation is protectable by intellectual property rules.
Users may in no case commercially exploit or make use, directly or indirectly, in whole or in part, of any of the content that make up the Web Site without the prior written permission of SHOREBREAK S.L.
The authorization for the use of any content of the Website is available from the email info@shorebreak.es . The provisions of the preceding paragraphs not involve in any case the assumption of responsibility by SHOREBREAK S.L. over the content, nor may generate entitled to compensation for users or third parties.


7. INDUSTRIAL PROPERTY [/ N]
Trademarks, trade names, signs, names, logos, slogans or any type of distinctive sign displayed on the Web and belonging to SHOREBREAK S.L. Site may not be used, and very specifically, the word "SHOREBREAK" without prior authorization.


8. LINKS TO THIRD PARTY WEBSITES [/ N]
The links contained on the website, referring to publicity or other content, and owned or liability applicable to parties other than SHOREBREAK S.L. are not responsible for SHOREBREAK S.L., who under no circumstances undertakes to monitor or approve the services , content, data, files, products and any kind of material on the page or web pages. Therefore, SHOREBREAK S.L. no responsibility under any circumstance for the legality of the contents of the / s Page / s, being the sole responsibility of the third all that concerns the content of that link, especially the rule of law, moral , good customs and public order. The existence of links does not imply any relationship between SHOREBREAK S.L. and the owner of the website where the link is established.


9. DISCLAIMER [/ N]
SHOREBREAK S.L. disclaims all liability for:
(I) The operation of the Website, including force majeure, or any other conditions beyond the control of SHOREBREAK S.L., which is not fully operational, or possibly lacking the minimal functionality to manage the relevant service.
(Ii) Any errors or security deficiencies that may arise from the use by the users, a browser of an outdated or insecure version, as well as the activation of conserving devices passwords or identification codes User registered in the browser or damage, errors or inaccuracies that may result from malfunctions.
(Iii) any direct or indirect damages that may cause the information transmitted or communicate on the Website or its electronic communications including without limitation technical or human errors in the published data.
(Iv) damage, including without limitation and not limited to: damage, loss or direct, indirect, incidental or consequential expenses arising in connection with this Web Site or your use or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failures.
You will be liable for damages of any nature by illegal or fraudulent acts and those damages that SHOREBREAK S.L. or its Users may suffer as a consequence, directly or indirectly, of breach by User of these Terms of Use, SHOREBREAK S.L. reserving those actions that were entitled to the relevant law enforcement agencies.
Although used their best efforts, SHOREBREAK S.L. can not guarantee users access and continued and uninterrupted use of the Website.

10. CHANGES [/ N]
SHOREBREAK S.L. entitled to review and modify at any time these Terms of Use. The User shall be subject to them at the moment to accept them, unless by law or governmental authority SHOREBREAK S.L. need to make changes retroactively , in which case it will apply to orders that the user has previously applied.


11. CONTACT AND WRITTEN COMMUNICATIONS [/ N]
Applicable laws require that some of the information or communications we send to the User SHOREBREAK S.L. be in writing. By accepting these Terms of Use, you agree that most of the communications with SHOREBREAK S.L. be electronic. SHOREBREAK S.L. will be in touch with the user via email or by posting notices on the Website. The User consents to this electronic means of communication and you acknowledge that all notices, information and other communications that SHOREBREAK S.L. send electronically comply with legal requirements to be written.
For any question or incident related to the Orders, the user must contact SHOREBREAK S.L. sending an email to the following address info@shorebreak.es .


12. JURISDICTION AND APPLICABLE LAW [/ N]
The operation and use of the Website and these Terms of Use are governed by Spanish law. Insofar as permitted by law, SHOREBREAK S.L. and the User, expressly waiving any other jurisdiction that may apply, agree to submit to the jurisdiction of the Courts of Palma de Mallorca (Spain).