Terms and Conditions of Use
These terms and conditions were last updated on April 8, 2025.
1. Introduction
These Terms and Conditions apply to this website and to transactions related to our products and services. You may be bound by additional contracts relating to your relationship with us or to any products or services you receive from us. If any provision of the additional contracts conflicts with any provision of these Terms, the provisions of those additional contracts will prevail.
2. Binding Nature
By registering on, accessing, or otherwise using this website, you agree to be bound by the terms and conditions set forth below. Your continued use of this website implies your knowledge and acceptance of these Terms and Conditions. In certain specific cases, we may also require you to explicitly accept them.
3. Intellectual Property
We or our licensors own and control all copyrights and other intellectual property rights in the website, and the data, information, and other resources displayed on or accessible through the website.
3.1 All rights reserved
Unless otherwise specified in the content, no license or other right is granted to you under copyright, trademark, patent, or other intellectual property rights. This means that you may not use, copy, reproduce, perform, display, distribute, embed in any electronic media, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or otherwise utilize any resources on this website in any way without our prior written permission, except and only to the extent otherwise permitted by mandatory legal regulations (such as the right to quote).
4. Newsletter
Notwithstanding the foregoing, you may forward our newsletter in electronic format to others who may be interested in visiting our website.
5. Third-Party Property
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 are subject to those third parties' applicable Terms and Conditions. The opinions expressed or material appearing on those 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 using these websites and any related third-party services. We will not accept any liability for any loss or damage, however it occurs, resulting from your disclosure of personal information to third parties.
6. Responsible Use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional agreements 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, publish, or distribute any material that consists of (or is linked to) malicious computer software; You may not use the data collected on our website for any direct marketing activities, or carry out any systematic or automated data collection activities on or in connection with our website.
It is strictly prohibited to engage in any activity that causes or may cause damage to the website or interfere with its operation, availability, or accessibility.
7. Registration
You may 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 any other person. You must not allow any other person 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 the disclosure of your password.
After account cancellation, you may not attempt to register a new account without our permission.
8. Returns and Refunds Policy
8.1 Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email). Our contact details are provided below.
If you use this option, we will promptly acknowledge receipt of your withdrawal on a durable medium (e.g., by email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
8.2 Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any supplementary costs resulting from your choice of a delivery method other than our least expensive standard delivery option), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will make such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We will collect the goods.
We will bear the costs of returning/collecting the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is 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.
9. Submitting Ideas
Do not submit ideas, inventions, copyrighted works, or other information that could be considered your own intellectual property that you would like to submit to us unless we have first signed an intellectual property agreement or a non-disclosure agreement. If you submit such information to us in the absence of such a 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.
10. Termination of Use
We may, at our sole discretion, modify or discontinue access, temporarily or permanently, to the website or any of its services at any time. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance 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 upon are permanently lost. You must not circumvent, or attempt to circumvent, any access restrictions on our website.
11. Warranties and Liability
Nothing in this section shall limit or exclude any warranties implied by law that it would be unlawful to limit or exclude. This website and all its content are provided "as is" and "as available" and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We do not warrant that:
this website or our products or services will meet your requirements;
this website will be available uninterrupted, timely, secure, or error-free;
the quality of any products or services purchased or obtained by you through this website will meet your expectations.
Nothing contained on this website constitutes or is intended to constitute legal, financial, or medical advice of any kind. If you require advice, you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter for which it would be unlawful or illegal for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss of or corruption of data, software or databases, or loss of or damage to property or data) incurred by you or any third party arising out of your access to or use of our website.
Except to the extent expressly provided otherwise in any additional agreement, our maximum liability to you for all damages arising out of or in connection with the website or any products or services marketed or sold through the website, regardless of the legal action that imposes liability (whether in contract, equity, negligence, intentional misconduct, tort, or otherwise), will be limited to the total price you paid us to purchase such products or services or to use the website. This limitation will apply in aggregate to all of your claims, actions, and causes of action of any kind and nature.
12. 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 email address to send unsolicited messages. Any emails we send you will only be related to the provision of agreed-upon products or services.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our [link to privacy policy].
13. Export Restrictions / Legal Compliance
Access to the website from territories or countries where the Content or the purchase of products or Services sold on the website is illegal is prohibited. You may not use this website in violation of Spanish export laws and regulations.
14. Affiliate Marketing
Through this website, we may conduct affiliate marketing activities for which we receive a percentage or commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from companies. This information is intended to comply with applicable legal requirements regarding marketing and advertising, such as the regulations of the U.S. Federal Trade Commission.
15. Assignment
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 purported assignment in violation of this section will be void and without effect.
16. Breaches of these Terms and Conditions
Without prejudice to any other rights we may have under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take any action 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 they block your access to the website, and/or initiating legal action against you.
17. Indemnification
You agree to indemnify, defend, and hold us harmless from any and all claims, liabilities, damages, losses, and expenses related to your breach of these Terms and Conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for any damages, losses, costs, and expenses related to or arising from such claims.
18. Waiver
The failure to comply with any provision of these Terms and Conditions and any Agreement, or the failure to exercise any right to terminate, shall not be deemed a waiver of such provision 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 provisions.
19. Language
These Terms and Conditions shall be interpreted and governed exclusively in Spanish. All notices and correspondence shall be in Spanish.
20. Entire Agreement
These terms and conditions, together with our privacy statement and cookie policy, constitute the entire agreement between JOSE LUIS MARTINEZ MONTOYA and you regarding your use of this website.
21. Updates to these Terms and Conditions
We may update these Terms and Conditions from time to time. The date at the beginning of these Terms and Conditions is the last revision date. We will notify you in writing of any changes or updates, and the revised Terms and Conditions will become effective from the date we send you such notification. Your continued use of this website after the posting of changes or updates will be deemed your acceptance of and agreement to be bound by these Terms and Conditions. To request a previous version of these Terms and Conditions, please contact us.
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 any part or provision of these Terms and Conditions is deemed invalid and/or unenforceable under applicable law by a court or other authority, such part or provision will be modified, deleted, and/or enforced to the fullest extent permitted to give effect to the intent of these Terms and Conditions. All other provisions will remain in full force and effect.
23. Contact Information
This website is owned and operated by JOSE LUIS MARTINEZ MONTOYA.
You can contact us regarding these Terms and Conditions by writing to us or sending an email to the following address: info@nauticasur.es
Calle Daniel Defoe, 1 P1 2B 29006 Málaga, Spain