We hereby inform you that the personal data provided to IMNASA will be incorporated into a file for which the company IMPORTACIONES NÁUTICAS SA is responsible, whose purpose is to serve as a database of clients and contracted services, the sending of commercial communications, as well as the monitoring and fulfillment of the reciprocal obligations derived from the corresponding contracts signed with them. The rights of access, rectification, cancellation and opposition may be exercised by you by writing to the company IMNASA, Crta. Fornells, 13 - 17459 - Campllong, Girona, Spain.
1. Conditions of Sale for professional clients with a previous account at IMNASA
These Conditions of Sale apply to the sale of products by Importaciones Náuticas, SA IMANSA is a commercial name of Importaciones Náuticas, SA In addition, each time you use any present or future service of IMNASA you will also be subject to the terms and conditions general and the particular conditions applicable to said service.
We ask you to read these conditions carefully before placing your order with IMNASA. By placing your order with IMNASA, you agree to be bound by these conditions.
1.1 How to place an order
We offer the buyer three ways to place an order:
- - Online on our website (24 hours a day, 365 days a year).
- - By email to email@example.com indicating the article and the chosen form of payment. Only for professional use and for those previously registered clients.
- - By phone at the numbers +34 902.300.214 (At your disposal from Monday to Friday from 8:30 a.m. to 5:30 p.m.). For professional use only.
2. Conditions of Sale for orders with the method collected in Point IMNASA
2.1 Availability and delivery time of the products
If you place an order whose availability on our website is "in stock" (green icon), you can pick up the order according to the conditions shown below.
Remember that if you place an order for a product that is NOT in stock (orange or red icon), availability will not be guaranteed, so the delivery time could be extended from 5 weeks to 12 months depending on the supplier and quantity requested. It is very important that you take this point into account before ordering products out of stock.
2.2 Order with collection with advance payment
Once an order has been placed for collection at the IMNASA Point of Sale chosen by the Client, the Client may proceed to withdraw it from 24/48 hours after its confirmation and payment. We recommend contacting the establishment before going to pick up the order to confirm its effective receipt.
It is possible that, for some products, for logistical reasons, geographical location of the collection point, seasonality (summer period, for example), business hours or carrier, etc. This withdrawal period lasts up to 72 hours on business days. In the event that a technical incident arises, once said circumstance has been communicated to the client, the delivery period would be agreed with the client.
If you have indicated in the order that the Products purchased will be collected at an IMNASA Point of sale and payment has been made, they must be withdrawn within a maximum period of ten (10) working days from the date of receipt of the confirmation. of the purchase made.
2.2.1 How to collect orders at IMNASA Points
To collect Products at an IMNASA Point of sale, the following steps must be followed:
- 18.104.22.168. If you wish to collect the Products personally , the Customer must go to the Point of Sale chosen when placing the order and identify himself with the original valid ID or Passport and show the Proof of Purchase, and collect the Product / s.
- 22.214.171.124 If it is desired that the Products be withdrawn by a third party other than the Client ("Person Authorized to Withdrawal"), the authorized person must show a receipt with the date, authorization, signature and photocopy of the buyer's DNI with the data of the authorized person and giving express consent to this for the collection of said products and order number.
2.2.2 How the payment works
The payment will have two internal modalities, but it will always be made on account of the store that has requested the material. Therefore, the IMNASA website only serves to send the order information to the store.
You should know that you are buying the product at the chosen IMNASA Point and that it will be responsible for making the invoice and the services on the order and product.
2.3 Order with collection without prior payment
In this method, the user only makes an order request to the IMNASA Point.
Once completed, the IMNASA Point will contact the applicant to establish the form of payment, delivery and order deadline.
In no case will the order be understood as processed (as the name itself indicates, the order has only been requested) and it cannot be collected without first reaching an agreement with the IMNASA Point.
he IMNASA Point reserves the right to decide the form of payment and entry of the order as well as the postage costs that may derive from said order.
Likewise, point 2.2.1 of this document must be complied with to collect the order.
3. Right of withdrawal for orders in IMNASA Points
The User has recognized the right of withdrawal of the purchase made through the Website (intermediary in the payment but contractual responsibility of the IMNASA Point) and, therefore, if he is not satisfied, You may return the Product within a maximum period of thirty (30) calendar days from when you have acquired possession of the product / s or from the formalization of the contract in the case of contracting services.
The right of withdrawal may be exercised through the After-Sales Service of the establishment of the IMNASA Point where the delivery was made, always providing the Proof of Purchase.
The return will include the amount of the purchase and, if any, the delivery costs. The return will be made by the same means of payment as with which the Product was purchased, discounting the return costs that will be borne by the customer..
The Customer must return the products subject to withdrawal without any undue delay and in any case at the latest within a period of 14 calendar days from the date on which his decision to withdraw is communicated..
The refund of the amount corresponding to the withdrawal will be made within a period of 14 calendar days from the date on which the decision to withdraw from the contract has been communicated and provided that the goods or products subject to withdrawal have been previously received, otherwise, The disbursement may be withheld until the receipt of said goods or until the Client certifies the return of the goods
The following are excluded from the right of withdrawal:
- a) The provision of services, once the service has been fully executed.
- b) The supply of goods or services made according to the Customer's specifications or clearly personalized.
- c) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
- d) Any other good or service covered by art. 103 of RDL 1/2007, of November 16.
The Client will be responsible for the decrease in value of the goods resulting from a manipulation of these other than that necessary to establish their nature, their characteristics or their operation. In any case, in order to make use of the right of withdrawal, it is necessary that the Products be returned in their original packaging together with the invoice, in the event that they are returned without said original packaging or with damage, the amount to be paid The Customer for the return of the product will be reduced by the corresponding amount. Before returning the Product, the Customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport.
4. Specifications and technical characteristics of the products
IMNASA presta grande atenção às informações relativas às características técnicas e ao desempenho dos produtos, através de descrições técnicas dos fabricantes, e fotografias de qualidade que ilustram os produtos.
In no case will we be responsible for errors or omissions of information contained in our website or catalog.
If, for the buyer, any of the technical characteristics of the product he wants to buy is essential, please contact our customer service to verify said information.
We have certain products such as pyrotechnics, knives, rafts, solvents, paints, etc. that require transport ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road) in Spanish, European Agreement related to the international transport of dangerous goods by road, which do not allow the transport of these certain products. For computer reasons, we cannot distinguish these products, therefore, if you include in your purchase one or more products susceptible to ADR transport, we will contact you.
In no case, the purchase of these products is presupposed until the prior acceptance of the transport and / or other requirements by IMNASA. If you have any questions, please contact us.
3. Our prices
All sales prices indicated on our website are shown in EUROS and optionally include VAT.
Transportation for an order request to an IMNASA Point will always be borne by the buyer.
Professional orders: check prices on the personalized portal for professionals.
Orders from individuals to IMNASA Points: please check the price in the "basket" section as this varies depending on the rates of the carriers.
IMNASA reserves the right to modify its prices at any time. However, we undertake to apply the current rates indicated on the website, except for errors or omissions.
Special discounts for quantity or final volume may be applied to buyers, once these have been individually negotiated with each one of them.
For all articles that are published with a delivery time of 24h / 48h (for national destinations in the peninsula and France (not counting islands) and for products with “green” color availability, although there may always be some modification without prior notice ) the following points must be taken into account:
- - They will be sent the day they are requested, from Monday to Friday, as long as the payment is confirmed before approximately 1:00 p.m. In this case, IMNASA will try to send the orders as soon as possible but, in times of high volume of work, IMNASA may not be able to fulfill this condition, therefore, IMNASA reserves the right to send it as soon as possible without claiming a reward or liability for the delay caused.
- We use 24-hour transport services for small volume orders (courier) but there are times when the agency could not meet this deadline for reasons beyond its management.
- - If items that have a longer delivery time are combined within the same order, the latter will mark the delivery time of the order. Even so, IMNASA, as far as possible, will try to inform the buyer of the options available for their order, always trying to benefit the buyer without harming IMNASA.
- - In the case of large-volume orders, which have to be sent by pallet or large-volume transport agencies, the delivery times and delivery points must be consulted in advance at our helpline. In these cases, it is very difficult to automate the calculation of costs associated with transport on the web, therefore, there may be variations in time, cost and delivery method in this type of expedition. Therefore, IMNASA reserves the right to modify terms, costs and delivery methods once the order has been placed. It is recommended that the user, if he detects that one of the products he wants to purchase may be of great weight or volume, try to contact IMNASA before placing the order as we can advise him to choose the best option for both parties.
- - We try to have the optimal stock of all our products in order to make deliveries according to the delivery times that are specified, but there are times when, due to failures in the supply chain (manufacturers, distributors, logistics operators), we do not it's possible.
- - The delivery time is approximate (the days are always business days without counting weekends, holidays or long weekends). For shipments to the Canary Islands, you must add at least 2 business days to the indicated period. It may be the case that in Spain Peninsula, Portugal or France (not counting islands) in rural or mountain areas, which cannot be reached in 24 hours due to logistical problems.
- - The delivery time for orders with the "request in store" mode will be the one agreed with the store and the person or company requesting it. Once the store has requested the material from IMNASA, the delivery times mentioned above will be established.
If one of the purchased products is not in stock, we undertake to inform you, by email or phone call, of the period within which we can send you your product or offer you an alternative to the purchased product. If you do not meet the new term and / or the alternative, we will cancel the order and if you had made the payment, we will refund it in the same way you did.
In no case, IMNASA will be responsible for possible delays in delivery by the transport agency or IMNASA. We will put all our efforts in the rapid resolution of the incident, but we cannot be held accountable of any kind.
The information regarding shipping costs has been dealt with in point 3 of this document.
We work with more than 10 transport agencies (SEUR, UPS, ASM ...) to offer a better service. Once the shipment has been made, we will be able to provide you, upon request, with the dispatch number so that you can contact the transport agency directly and can arrange the delivery. In the event that an attempt is made to deliver the order by the transport agency and the recipient is not at home, the delivery person will call you by phone or leave you a notice, so that you can arrange delivery with them. Normally, in heavy products, the delivery person will call you before trying to make the delivery, to meet the recipient. The delivery will always be made on the portal, at the street level of your home or company.
There are certain products sold by IMNASA that are prohibited from shipping by plane, such as products with ADR, etc. Therefore, IMNASA reserves the right NOT to send certain products to certain countries and through certain means of transport.
All our shipments are insured, so if there is any type of incident (loss, breakage, etc.…) due to the fault of the carrier, to make the return, it must be accompanied by a photocopy of the invoice or the corresponding delivery note and obligatorily of the photocopy of the receipt of the delivery note of the carrier duly signed and where the damage caused to the merchandise is recorded in writing..
All our products are delivered to our facilities located in Campllong, Girona. At your expense, transportation and other expenses that may exist. Therefore, regardless of the method of transport, it will be understood that all material is delivered to our facilities..
6. Payment Methods for Professionals
We offer the buyer four methods to pay for their order:
- 1. Deposit / Bank transfer.
- 2. VISA and MASTERCARD credit card (through secure server).
- 1. Deposit / Bank transfer: The client will have 72 working hours to confirm the payment. Keep in mind that if the transfer is made from another entity, the confirmation could take between 24/48 hours.
- 2. Credit card: immediate payment. The system will automatically cancel the order after 30 minutes if the payment has not been confirmed.
For any order whose amount is higher than an amount set by IMNASA, you will be asked for an identity document and proof of address that you must send us by fax or email. Also, for large amounts, we will suggest other means of payment, such as bank transfer.
Pedimos desculpa por qualquer inconveniente que este procedimento lhe possa causar. Estas medidas de segurança são a prova do nosso desejo de proteger os clientes da IMNASA contra a fraude bancária.
We apologize for any inconvenience this procedure may cause you. These security measures are reliable proof of our will to protect IMNASA clients against possible bank fraud.
Payment by Credit Card is made through the "Secure Socket Layer" security system, encrypting the connection when the latter are transmitted over the network, to protect the security of the data at all times. This system is owned by the Bank or Savings Bank that has contracted IMNASA for the payment. Any problem, data theft or whatever, IMNASA will not incur any responsibility since it belongs to third parties and does not have any type of control over the platform..
If IMNASA or the card payment platform suspect an anomaly or fraud, we reserve the right to cancel your transaction for security reasons. Our customer service department will contact the buyer to solve the incident.
The security during the purchase of our clients is of vital importance for IMNASA, therefore, several additional security measures have been enabled in the virtual payment gateway to guarantee the authenticity of the data and the security of our buyers. For security reasons, these measures will not be discussed in this document. If you want to know more, please contact us.
7. General conditions for the application of returns and clarification of the warranty and service on the products supplied. For Professionals.
- - In case of returns, cancellations or changes in the order, the commercial department should be consulted in all cases; in the affirmative case, the expenses that may arise from such operation will be borne by the client.
- - The products supplied by IMNASA are for professional use and have warranty conditions, according to the supplier's specifications. In any case, you should contact our Technical Information and Guarantees Returns department (DITG), before proceeding with the return.
- - To be attended to any claim, it must be made upon receipt of the merchandise, in the terms and in the manner established by the Commercial Code. Eight business days for Spain and seven for France. For other countries, consult.
- - All products must be sent postage paid by the sender, except for exceptions previously consulted with the corresponding department (in no case by Express transport).
- - All returns, for whatever reason, must always be accompanied by a photocopy of the invoice or purchase delivery note, specifying the reason for the return or relevant defect (with a copy of the IMNASA return document, signed) and with the packaging corresponding original, in perfect condition.
- - In the cases of returns due to the receipt of broken or defective material due to the fault of the carrier, it must be accompanied by a photocopy of the invoice or the corresponding delivery note and necessarily a photocopy of the receipt of the delivery note of the carrier duly signed and where it is recorded in writing the damages caused to the merchandise.
8. Clarification on the type of material
All products supplied by IMNASA are for PROFESSIONAL use. For this reason, the buyer of this product from IMNASA must first know its characteristics and have knowledge for its correct installation. As in many cases they are industrial products to adapt or couple to other materials, IMNASA is not responsible for the incorrect application or assembly of this product. It is the installer or shop who bears the responsibility for its operation. Since most of IMNASA's products are products for professionals, they do not have instructions for use or assembly or their instructions are not translated. In the event that the professional has doubts about the characteristics of the product and its installation system or needs any clarification, prior to installation, You can call the DITG department, where they can provide you with technical information about the products sold by IMNASA. Many products in this catalog should not be sold to the end user, since the end user may lack adequate knowledge about the product, it is recommended to be assembled by the professional.
For this reason, private users should not buy the products sold by IMNASA and, if they do, by accepting this document, they accept responsibility for the installation as well as the acceptance of the knowledge necessary for the installation of said products. In addition, they also accept the dangers, consequences, derivations, capital losses, value losses, breakages, etc. and, therefore, they are responsible for any problem that may arise before and after assembly and / or installation and accept the NO responsibility of IMNASA in said events and uses.
9. Clarification on guarantees
IMNASA sells material to Nautical professionals or companies perfectly identified with the service and assistance sector. As we have commented in the previous section, it is understood that the product will be installed by qualified personnel and they will be able to advise or respond to the end customer. For this reason IMNASA will only attend the claims of the main clients according to the invoice (professionals). Taking into account that IMNASA only sells to professionals (not to the end customer or consumer), the guarantee must be governed by the commercial relationship between professionals.
Next we enclose decrees that serve for the application of guarantees type 1 SALE TO FINAL CONSUMERS and type 2 SALE TO MERCHANTS NOT FINAL CONSUMERS
10. Sale to final consumers
The Law of Guarantees in the Sale of Consumer Goods entered into force on September 11, 2003 and aims to establish a set of measures aimed at guaranteeing the protection of consumers, the conformity of the goods with the contract of sale and articulate the commercial guarantee that, additionally, may be offered to the consumer.
Law 23/2003, of July 10, on Guarantees in the Sale of Consumer Goods, incorporates into Spanish Law Directive 199/44 / CE, of the European Parliament and of the Council, of May 25, 1999, on certain aspects of the sale and guarantees of consumer goods.
DEFINITIONS: According to the new Law, a seller is any natural or legal person who, within the framework of their professional activity, sells consumer goods. On the other hand, consumers are the natural or legal persons who acquire, use or enjoy such goods as final recipients (Law 26/1984 on the Defense of Consumers and Users), excluding those who acquire, store, use or consume goods with in order to integrate them into production, transformation, commercialization or provision to third parties.
11. Responsibilities and deadline
he seller will respond to the consumer for any lack of conformity that exists at the time of delivery of the good. This responsibility extends to a period of two years. If the acquired good does not comply with the previously established, the consumer can choose between: 1 Repair or replacement of the good, 2 Price reduction, 3 Dissolution of the contract. In any case, the consumer must notify it within a maximum period of two months from when he becomes aware of the lack of conformity.
Ctra. Fornells, 13 (Pgo. Les Ferreries)
The seller will be the one who responds in any case of the lack of conformity of the product, however, the consumer may go against the manufacturer or importer (recognized) as long as going against the seller is impossible or would be an excessive burden. In any case, the manufacturer or seller may repeat against the person responsible for the lack of confirmation within a period of 1 year from the moment the defect has been corrected.
12. Sale to merchants (not final consumers)
"The seller will be obliged to clean up the hidden defects of the thing sold, if they make it unsuitable for the use for which it is intended, or if they reduce this use in such a way that, if the buyer had known about them, he would not have acquired it. or I would have given less price for it; but it will not be liable for manifest defects or those that are visible, nor for those that are not, if the buyer is an expert or professional who, by reason of his trade, should easily have known them ”Articles 1484 of the Civil Code.
The actions that emanate from the provisions of the preceding article will be extinguished after six months, counted from the delivery of the thing sold. (Article 1490 of the Civil Code)
As a consequence of the obligation to clean up for hidden defects, the buyer may choose between terminating the contract (the so-called "redhibitory action") with restitution for the expenses he paid, or reducing a proportional amount from the price, in the opinion of experts ("action estimatoria or quanti minoris").
In this way, the Civil Code regulates a general guarantee regime, which has been expanded and detailed by the aforementioned Law 23/2003 in favor of consumers.
However, in the case of sales between entrepreneurs or merchants, that is to say, mercantile sales, the regime established by Law 23/2003 will not apply.
Thus, we understand that we are dealing with a commercial sale in the case of sales that are not directed to the final consumer of the product or service, but are intended for merchants who resell or incorporate the good or service into a production or work process.
Article 338. The expenses of the delivery of goods in commercial sales will be borne by the seller until they are placed, weighed or measured, at the disposal of the buyer, unless there is an express agreement to the contrary. (Made available - delivery to transport company). Those of its receipt and extraction outside the place of delivery, will be paid by the buyer
ABSTRACT: As a result of the foregoing and reiterating what was stated in the first of the conclusions, the final consumer must claim the one who has carried out the repair or sale and this to the importer or distributor. But the latter, in this case, IMNASA will only be liable for manufacturing and identity or suitability defects and if this is not the case, it will evade its responsibility, without prejudice to the fact that the injured party may subsequently claim other agents who have been the cause of the lack of conformity of the object of the sale.
Indicate that the way in which the burden of proof operates in these cases means in practice, except for expert evidence to the contrary, that the real guarantee to respond to the conformity of the replacement is 6 months, since it is very difficult to prove that once this period has elapsed, giving it proper use, the fault or defect that occurs is the cause of poor manufacturing.
Despite all this, IMNASA, when working with a multitude of manufacturers and brands, may be the case of products whose warranty is longer than 6 months, so it is advisable to contact the warranty department.
On the other hand, in the case of IMNASA, guarantees will be dealt with depending on the product, since we have a service department and agreements with some manufacturers to offer the service.
VERY IMPORTANT: IMNASA will only offer information, attention, etc. on products sold and invoiced by the company, being able to reject requests from clients who have not purchased the product from our company, unless IMNASA works that product with a specific contract with the manufacturer that obliges it to provide the service. IMNASA manufactures, imports, represents, markets and resells different brands. Therefore, the inclusion in the catalog for professionals or web catalog of some products of a certain brand does not indicate the obligation of IMNASA to offer assistance, technical support or guarantee if the products have not been invoiced by the company.
EXCEPTIONS: Despite everything indicated above, each manufacturer offers different solutions being able to extend the 6-month warranty period in some cases and IMNASA may in some cases offer support to products not marketed by the company, following the SERVICE improvement standards. to IMNASA's customer network.
13. Litigation and responsibilities
IMNASA is not responsible for the consequences that could result from an inappropriate use of the products sold.
Under no circumstances, IMNASA will be held responsible for any loss or damage of any kind arising from, or in relation to, the use of this website.
You must indemnify IMNASA against any loss or damage resulting from your breach of these conditions or from the use of the content of this website without prior authorization.
If any stipulation of these conditions lacks or becomes invalid or turns out to be unenforceable according to the applicable law, said stipulation will have no effect, but only to the extent of that precise lack of validity, and will not affect any other stipulation of the present conditions.
These conditions of use must be interpreted and are governed by current Spanish legislation. Any dispute arising from these conditions must be settled before the courts of Girona (Spain). However, this will not prevent IMNASA from exercising the right to resolve any dispute in another competent jurisdiction.
14. Customs Information
All our products are delivered to our facilities located in Campllong, Girona. At your expense, transportation and other expenses that may exist. Therefore, regardless of the method of transport, it will be understood that all material is delivered to our facilities.
When you place an order for products on the IMNASA website for delivery in a country not belonging to the European Union, you may be obliged to pay import duties and taxes, which will be charged when the package reaches customs clearance or destination. . Any additional amount due to customs clearance will be your responsibility. Customs policies vary significantly from one country to another, so for more information, please check with the corresponding customs office. Remember also that when you place an order with IMNASA, the law considers you as an importer and, therefore, you must comply with all applicable laws and regulations in the country where you receive the product.
15. Modification of the conditions of sale
We reserve the right to make changes to our website, our policies and our terms and conditions, including these General and Sales Conditions, at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time you place your order, unless, by law or at the request of public authorities, a change must be made to said terms and conditions, policies or these Conditions of Sale (in which case, such changes could be applicable to any of the orders that you had previously made). If any of these conditions were declared invalid, null or for any ineffective cause.
16. Our data
IMNASA is a commercial name of Importaciones Náuticas, SA Our contact data are the following:
Ctra. Fornells, 13 (Pgo. Les Ferreries)
In case of discrepancy between the translation into other languages of the Spanish version of this text and the Spanish version, the latter will prevail.