General Terms and Conditions of Sale

gojetmallorca.com

1. GENERAL INFORMATION

The ownership of this website www.gojetmallorca.com (hereinafter, the Website) belongs to: Gojet Service SCP, with NIF: J16563447 and registered in the Mercantile Registry of Inca; and whose registration data are: , and whose contact details are: Address: Teodoro Canet 12, local 2 Contact phone: 669002719 Contact email: info@gojetmallorca.com This document (as well as other documents mentioned herein) regulates the terms and conditions that govern the use of this Website (www.gojetmallorca.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions). For the purposes of these Conditions, it is understood that the activity that Gojet Mallorca carries out through the Website includes: Rental of boats, jet skis, and guided tours with a monitor or skipper. In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policies of Gojet Mallorca. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and all of the above, so if you do not agree with all of this, you should not use this Website. Additionally, it is reported that these Conditions may be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website as those that are in force at the time of requesting the acquisition of products and/or services will apply. For any questions that the User may have in relation to the Conditions, they can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, browsing, and use of the Website confers the status of user (hereinafter referred to, interchangeably, individually as User or jointly as Users), so all Conditions set forth here are accepted from the moment browsing begins on the Website, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be. The User assumes responsibility for the proper use of the Website. This responsibility will extend to: – Using this Website only to make legally valid inquiries and purchases or acquisitions. – Not making any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities would be informed. – Providing truthful and lawful contact information, for example, email address, postal address, and/or other data (see Legal Notice and General Conditions of Use). The User declares to be over 18 years old and to have the legal capacity to enter into contracts through this Website. The Website is primarily aimed at Users residing in Spain. Gojet Mallorca does not ensure that the Website complies with the laws of other countries, either wholly or partially. Gojet Mallorca declines all liability that may arise from such access, as well as ensuring shipments or service provision outside Spain. The User may formalize, at their choice, with Gojet Mallorca the contract of sale for the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Properly registered Users can buy on the Website by the means and forms established. They must follow the online purchase and/or acquisition procedure of www.gojetmallorca.com, during which various products and/or services can be selected and added to the cart, basket, or final purchase space, and finally click on: “Book”. Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, data can be modified. Subsequently, the User will receive an email confirming that Gojet Mallorca has received their order or purchase request and/or provision of the service, that is, the order confirmation. And, where appropriate, they will be informed, likewise, by email when their purchase is being shipped. Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User via email. Likewise, the User can, if they wish, obtain a copy of their invoice in paper form, requesting it from Gojet Mallorca using the contact spaces on the Website or through the contact details provided above. The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown alongside the presentation or, where appropriate, image of this on its page on the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, product details, or characteristics, how they will be carried out, and/or cost of the services; and acknowledges that the completion of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case. Communications, purchase orders, and payments that intervene during the transactions carried out on the Website could be archived and kept in the computerized records of Gojet Mallorca to constitute a means of proof of the transactions, in any case, respecting reasonable conditions of security and the laws and regulations in force that apply in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons concerning the processing of personal data and the free movement of these data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and to the rights that assist Users according to the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by Gojet Mallorca through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of services. If difficulties arise regarding the supply of products or no products remain in stock, Gojet Mallorca commits to contact the User and reimburse any amount that may have been paid as an amount. This will also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes unless otherwise required by law, especially concerning VAT, which is stated and applied separately. However, and unless otherwise indicated, prices of the items offered exclude shipping costs, which may be incurred and will be added to the total amount due at the time of managing the shipping procedure by the User, where they will consult the available shipping methods and costs and freely choose the one that suits them best. In no case will the Website automatically add additional costs to the price of a product or service, but only those that the User has selected and chosen voluntarily and freely. Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation. Accepted payment methods will be: Credit or debit card Credit cards will be subject to checks and authorizations by the issuing bank, if the bank does not authorize the payment, Gojet Mallorca will not be responsible for any delay or failure to deliver and will not be able to formalize any contract with the User. Once Gojet Mallorca receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made at the time the shipping confirmation and/or service confirmation is sent to the User in the form and, where appropriate, place established. In any case, by clicking on “Book”, the User confirms that the payment method used is theirs.

6. DELIVERY

In cases where the physical delivery of the contracted good is appropriate, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands) Except for those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period specified on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation. If for any reason attributable to Gojet Mallorca it cannot meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the amount paid. In any case, home deliveries are made on working days. If it is impossible to deliver the order due to the User’s absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to arrange for it to be re-delivered. If the User will not be at the place of delivery within the agreed time slot, they must contact Gojet Mallorca to arrange delivery on another day. If 30 days pass since the order is available for delivery, and it has not been delivered for a reason not attributable to Gojet Mallorca, Gojet Mallorca will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the resolution of the contract, all payments received from the User will be returned, except for additional expenses resulting from the User’s choice of a delivery method different from the least costly standard delivery method offered on the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered resolved. However, the User should bear in mind that the transport resulting from the resolution may have an additional cost that could be charged. For the purposes of these Conditions, it will be understood that delivery has occurred or the order has been delivered at the moment the User or a third party indicated by the User acquires material possession of the products, which will be evidenced by signing the receipt of the order at the agreed delivery address. The risks of the products will be borne by the User from the time of delivery. The User acquires ownership of the products when Gojet Mallorca receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery if this takes place at a later time than the receipt of the full payment amount by Gojet Mallorca. In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be considered located in the Spanish VAT application territory if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.

7. TECHNICAL MEANS FOR ERROR CORRECTION

The User is informed that if they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they can modify it by contacting Gojet Mallorca through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, such information could be corrected by the User through their personal connection space on the Website. In any case, the User, before clicking on “Book”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications. Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons concerning the processing of personal data and the free movement of these data (GDPR) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User acquired products on or through the Website of the owner, they are assisted by a series of rights, as listed and described below:

Right of Withdrawal

  The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within 14 calendar days without the need for justification. This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired material possession of the goods purchased on the Gojet Mallorca Website or in the event that the goods that make up their order are delivered separately, 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired material possession of the last of those goods that made up a single purchase order, or in the case of a contract for services, 14 calendar days from the day of the conclusion of the contract. To exercise this right of withdrawal, the User must notify Gojet Mallorca of their decision. They may do so, where appropriate, through the contact spaces provided on the Website. The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Gojet Mallorca makes available as part of these Conditions, however, its use is not mandatory. To meet the withdrawal deadline, it is sufficient for the communication that unequivocally expresses the decision to withdraw to be sent before the corresponding period expires. In the event of withdrawal, Gojet Mallorca will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a different shipping method than the least costly method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date Gojet Mallorca is informed of the User’s decision to withdraw. Gojet Mallorca will reimburse the User using the same payment method that the User used for the initial purchase transaction. This refund will not generate any additional cost to the User. However, Gojet Mallorca may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first. The User can return or send the products to Gojet Mallorca at: And must do so without undue delay and, in any case, no later than 14 calendar days from the date on which Gojet Mallorca was informed of the withdrawal decision. The User acknowledges knowing that they must bear the direct cost of return (transport, delivery) of the goods, if incurred. Additionally, they will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods. The User acknowledges being aware that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example and not exhaustively, this would be the case for: personalized products; products that may deteriorate or expire quickly; CDs/DVDs of music or video without their packaging, as sealed in the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery. In this same sense, the provision of a service that the User may contract on this Website is governed, as this same Law establishes that the right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully executed by Gojet Mallorca, they will have lost their right of withdrawal. In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery. Likewise, the products must be returned using or including all their original packaging, instructions, and other documents that may accompany them, in addition to a copy of the purchase invoice. At the following link, you can download the Model withdrawal form:

Return of defective products or shipping error

  These are all cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and therefore must contact Gojet Mallorca immediately and let them know of the existing nonconformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal). The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed within a reasonable period of time if the refund or, where appropriate, the replacement of the same proceeds. The refund or replacement of the product will be carried out as soon as possible and, in any case, within 14 days following the date on which we send an email confirming that the refund or replacement of the non-compliant item proceeds. The amount paid for those products that are returned due to a defect, when it actually exists, will be refunded in full, including delivery costs and the costs incurred by the User to make the return. The refund will be made using the same payment method that the User used to pay for the purchase. In any case, the rights recognized in the current legislation for the User, as a consumer and user, will always apply.

Warranties

  The User, as a consumer and user, enjoys guarantees on the products that can be acquired through this Website, in the terms legally established for each type of product, responding Gojet Mallorca, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product. In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Gojet Mallorca and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and performance of a product of the same type and which are fundamentally expected from the same. When this is not the case concerning the products delivered to the User, the latter must proceed as indicated in the section on the Return of defective products or shipping error. However, some of the products that are marketed on the Website may present non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured, and which will therefore form part of the individual appearance of the product and will not be a defect. On the other hand, it could happen that the User acquires a product on the Website of a brand or manufactured by a third party. In this case, and considering the User believes it to be a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years following the delivery of such products. To do this, the User must have retained all the information concerning the product’s guarantee.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Gojet Mallorca will not accept any liability for the following losses, regardless of their origin: – Any losses that were not attributable to any breach on your part; – Business losses (including lost profits, revenue, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred); or – Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was formalized. Likewise, Gojet Mallorca also limits its liability in the following cases: – Gojet Mallorca applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for minimal differences or inaccuracies that may exist due to a lack of screen resolution, or problems with the browser used or others of this kind. – Gojet Mallorca will act with the utmost diligence to make available to the company responsible for transporting the product subject to the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and generally any other typical of the sector, which derive in delays, losses, or theft of the product. – Technical failures that, due to fortuitous causes or otherwise, prevent the normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Gojet Mallorca puts all the means at its disposal for the purposes of carrying out the process of purchase, payment, and shipment/delivery of the products, however, it exempts itself from liability for causes that are not attributable to it, fortuitous event, or force majeure. – Gojet Mallorca will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Gojet Mallorca will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product. – In general, Gojet Mallorca will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, by way of example but not exhaustive: – Strikes, lockouts, or other industrial action. – Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparation for war. – Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters. – Impossibility of use of trains, ships, aircraft, motor transport, or other means of transport, public or private. – Impossibility of using public or private telecommunications systems. – Acts, decrees, legislation, regulations, or restrictions of any government or public authority. Thus, the obligations will be suspended during the period in which the cause of force majeure continues, and Gojet Mallorca will have an extension in the term to fulfill them for a period of time equal to that which lasts the cause of force majeure. Gojet Mallorca will put all reasonable means to find a solution that allows it to fulfill its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with Gojet Mallorca are electronic (email or notices published on the Website). For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications that Gojet Mallorca sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User. The User can send notifications and/or communicate with Gojet Mallorca through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website. Likewise, unless otherwise stipulated, Gojet Mallorca can contact and/or notify the User by email or at the postal address provided.

11. WAIVER

No waiver by Gojet Mallorca of a specific right or legal action or the lack of requirement by Gojet Mallorca of strict compliance by the User of any of its obligations will entail, nor a waiver of other rights or actions arising from a contract or the Conditions, nor will it exonerate the User from fulfilling their obligations. No waiver by Gojet Mallorca to any of these Conditions or rights or actions arising from a contract will be effective unless expressly established that it is a waiver and is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by said declaration of nullity.

13. COMPLETE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and Gojet Mallorca regarding the subject matter of the sale and replace any other pact, agreement, or promise previously agreed verbally or in writing by the same parties. The User and Gojet Mallorca acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for those that are expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to Gojet Mallorca during a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing, and/or using the Website the User consents to the processing of such information and data and declares that all information or data provided is true.

15. APPLICABLE LAW AND JURISDICTION

Access, browsing, and/or use of this Website and the purchase contracts for products through it will be governed by Spanish legislation. Any controversy, problem, or disagreement that arises or is related to access, navigation, and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Gojet Mallorca and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can submit to Gojet Mallorca their complaints, claims, or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information). Additionally, Gojet Mallorca has official complaint forms available to consumers and users, which they can request from Gojet Mallorca at any time, using the contact details provided at the beginning of these Conditions (General Information). Likewise, if the conclusion of this purchase contract between Gojet Mallorca and the User gives rise to a dispute, the User as a consumer can request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/. This document of General Purchase Conditions has been created using the template generator on terms and conditions online on June 13, 2022.
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