The terms and conditions were last updated on April 1, 2024.
1. The first part
These Terms and Conditions apply to this website and to transactions relating to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services you receive from us. If any provision of the Supplementary Contracts conflicts with any provision of these Conditions, the provisions of these Supplementary Contracts shall prevail.
2. linkage
By registering for, accessing, or otherwise using this website, you agree to be bound by the following terms and conditions. The mere use of this website implies knowledge and acceptance of these Terms and Conditions. In some particular cases, we may also ask you to explicitly agree.
3. electronic communication
By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically on our website or send you an email, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements, including, without limitation, the requirement that such communications be in writing.
4. Intellectual property
We or our licensors own and control all copyright and other intellectual property rights in the website, and the data, information and other resources displayed by or accessible within the website.
4.1 All rights reserved
Unless the specific content states otherwise, no license or any other right under copyright, trademark, patent or other intellectual property rights is granted. This means that you will not use, copy, reproduce, execute, display, distribute, embed in any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market or make use of any resource on this website in any form, without our prior written permission, except and only to the extent otherwise provided by mandatory laws (such as the right to quote).
5. News release
Notwithstanding the above, you may forward our newsletter in electronic format to others who may be interested in visiting our website.
6. Ownership of third parties
Our website may include hyperlinks or other references to third party websites. We do not control or review the content of third party websites accessed from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. The opinions expressed or the material appearing on these websites are not necessarily shared or endorsed by us.
We are not responsible for the privacy practices or content of these sites. You assume all risks associated with the use of these websites and any related third party services. We will not accept any liability for any loss or damage, in whatever form, resulting from your disclosure of personal information to third parties.
7. Responsible use
By visiting our website, you agree to use it only for the intended purposes and as permitted by these Terms, any additional contract with us, and applicable laws, regulations and generally accepted online practices and industry guidelines. You must not use our website or our services to use, post or distribute any material that consists of (or is linked to) malicious computer software; use the data collected on our website for any direct marketing activity, or conduct any systematic or automated data collection activity on or in connection with our website.
It is strictly forbidden to engage in any activity that causes or may cause damage to the website or that interferes with its operation, availability or accessibility.
8. Registration
You can register for an account on our website. During this process, you may be asked to choose a password. You are responsible for maintaining the confidentiality of your passwords and account information and agree not to share your passwords, account information or secure access to our website or services with anyone else. You should not allow anyone else to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of your password leak.
After cancellation of the account, you will not attempt to register a new account without our permission.
9. Return and refund policy
9.1 Right of withdrawal
You have the right to terminate the contract within 14 days without giving a reason.
The withdrawal period shall expire 14 days after the day on which you or a third party other than the carrier and designated by you acquire physical possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by a clear statement (for example, a letter sent by post, fax or e-mail). Our contact details are given below: information@eu.pelagicgear.com or by post to EU.PELAGICGEAR Av. de Gaudí 78 nave 1B, 08191 RUBI (Barcelona) Spain.
In order to comply with the withdrawal period, you only need to send your notice of exercising the right of withdrawal before the withdrawal period expires.
9.2 Consequences of withdrawal
If you cancel the contract, we will reimburse you for all payments we have received, including delivery charges (except for any additional costs resulting from your choice of a delivery method other than the less expensive standard delivery method we offer), without any undue delay and in any event no later than 14 days from the day we are informed of your decision to cancel the contract. We will make such a refund using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any commission as a result of such refund.
We'll pick up the merchandise.
You must bear the direct cost of returning the goods.
You are only responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
Please note that there are some legal exceptions to the right of withdrawal and therefore some items cannot be returned or exchanged. We will inform you if this applies to your particular case.
Sending ideas
Please do not submit ideas, inventions, works of authorship or other information that could be considered your own intellectual property and that you would like to submit to us, unless we have first signed an agreement regarding intellectual property or a non-disclosure agreement. If you notify us in the absence of such written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media. .
11. End of use
We may, in our sole discretion, modify or discontinue access, temporarily or permanently, to the Website or any Services thereon at any time. You agree that we will not be liable to you or any third party for any modification, suspension or interruption of your access to or use of the Website or any content you may have shared on the Website. You will not be entitled to any compensation or other payment, even if certain features, settings and/or any Content you have contributed to or relied on is permanently lost. You must not circumvent or avoid, or attempt to circumvent or avoid, any measures restricting access to our website.
12. Guarantees and liability
Nothing in this section shall limit or exclude any warranty implied by law that it is unlawful to limit or exclude. This website and all its content are provided "as is" and "as available" and may contain inaccuracies or typographical errors. We expressly disclaim any warranty of any kind, whether express or implied, as to the availability, accuracy or completeness of the Content. We do not guarantee that:
- this website or our products or services will meet your requirements;
- this website shall be available in an uninterrupted, timely, secure or error-free manner;
- the quality of any product or service purchased or obtained by you through this website will meet your expectations.
Nothing on this website constitutes or is intended to constitute legal, financial or medical advice of any kind. If you need advice, you should consult an appropriate professional.
The following provisions of this Section shall apply to the maximum extent permitted by applicable law and shall not limit or exclude our liability in respect of any matter that would be unlawful or unlawful for us to limit or exclude our liability. In no event shall we be liable for any direct or indirect damages (including any loss of profit or income, loss or corruption of data, software or database, or loss or damage to property or data) incurred by you or any third party, arising from your access to or use of our website.
Except to the extent that any additional contract expressly provides otherwise, our maximum liability to you for all damages arising out of or in connection with the Website or any product or service marketed or sold through the Website, regardless of the form of legal action that imposes liability (whether by contract, equity, negligence, willful conduct, tort or otherwise) shall be limited to the total price you paid us to purchase such products or services or to use the Website. This limit shall apply to all claims, actions and causes of action of any kind and nature.
13. Privacy
To access our website and/or services, you may be asked to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct and up-to-date.
We take your personal data very seriously and are committed to protecting your privacy. We will not use your e-mail address to send unsolicited messages. Any e-mail we send to you will only relate to the provision of agreed products or services.
We've developed a policy to address any privacy concerns you may have. For more information, see our Privacy Statement and Cookie Policy
14. Restrictions on exports / Enforcement
Access to the Website is prohibited from territories or countries where the Content or the purchase of products or Services sold on the Website is illegal. You may not use this website in violation of Spanish export laws and regulations.
15. Allocation and disposal
You may not assign, transfer or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any alleged assignment in violation of this Section shall be null and void.
16. Breaches of these Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to address the breach, including temporarily or permanently suspending your access to the Website, contacting your Internet service provider to request that it block your access to the Website, and/or taking legal action against you.
17. Compensation
You agree to indemnify, defend, and hold us harmless from all claims, liability, damages, losses, and expenses, in connection with violation of these terms and applicable laws, including intellectual property rights and privacy rights. You shall immediately reimburse us for any damages, losses, costs and expenses relating to or arising out of such claims.
18. Resignation
Failure to comply with any of the provisions of these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of those provisions and shall not affect the validity of these Terms and Conditions or any Agreement or any part thereof, or the subsequent right to enforce any and all of the provisions.
19. Language
These Terms and Conditions shall be interpreted and analyzed exclusively in Spanish; Spanish. All notifications and correspondence shall be in that language only.
Full agreement
These terms and conditions, together with our privacy statement and cookie policy, constitute the entire agreement between AZ TRADING PERFORMANCE S.L. and you in relation to your use of this website.
21. Updating these Terms and Conditions
We may update these Terms and Conditions from time to time. It is your obligation to periodically review these Terms and Conditions for changes or updates. The date indicated at the beginning of these General Conditions is the last date of revision. Changes to these Terms and Conditions shall take effect when such changes are posted on this website. Your continued use of this website following the posting of changes or updates shall be deemed a notice of your acceptance to comply with and be bound by these Terms and Conditions.
22. Choice of law and jurisdiction
These Terms and Conditions shall be governed by the laws of Spain. Any dispute relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Spain. If a court or other authority finds that any part or provision of these Terms and Conditions is invalid and/or unenforceable under applicable law, such part or provision shall be amended, removed and/or enforced to the fullest extent permitted to give effect to the intent of these Terms and Conditions. The other provisions shall remain unaffected.
23. Contact details
This website is owned and operated by AZ TRADING PERFORMANCE S.L. You can contact us regarding these terms and conditions by writing or sending an e-mail to the following address: information@eu.pelagicgear.com It is located at 78 Ave de Gaudí 1B, 08191 RUBI, BARCELONA, SPAIN.