Please, we invite you to review the General Terms and Conditions of Purchase On-Line that regulate the offer and purchase of products through our online shop.
By using this website and making any purchase process you are bound by these General Terms and Conditions of Purchase, so we recommend that you read them carefully. If you do not agree with them, you should refrain from making any purchase of products on this site.
1. LEGAL INFORMATION AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF PURCHASE.
1.1 Identification of the service provider.
In compliance with Law 34/2002 of 11 July, Services of the Information Society and Electronic Commerce, the identifying data of the owner of magicandsailing.com are:
Canary Boat Trips, S.L.U
C/ Nuestra Señora del Carmen, nº9, bajo derecha,
Morro Jable
35625, Pájara
CIF: B76278977
Registration details in the Mercantile Register of Puerto del Rosario, Volume 209, Folio 71, Page IF-9120.
For any questions or queries, you can contact us through the following means of contact:
Telephone: 630 97 50 23
e-mail: dpo@magicandsailing.com
1.2 Description.
Canary Boat Trips, S.L.U. through the present General Terms and Conditions of Purchase offers its users and visitors the possibility of making the purchase on-line of the products and services offered, in addition to establishing communication with the user.
Canary Boat Trips, S.L.U will develop its e-commerce activity as a virtual shop through the website magicandsailing.com. This electronic platform has 5 product lines, which are listed below:
Magic Select
Magic Deluxe
Magic Dolphin
Magic Reef
Aphrodite
The commercialisation of the products included in the above lines of business is governed by the following General Terms and Conditions of Purchase.
Canary Boat Trips, S.L.U may alter at any time and without prior notice, the design, presentation and/or configuration of the Website, as well as some or all of the services.
Acceptance of the particular conditions of purchase.
Access to and use of the magicandsailing.com service implies by the User the full and unreserved acceptance of all the conditions contained in these Terms and
General Terms and Conditions of Purchase. Likewise, Canary Boat Trips, S.L.U reserves the unilateral right to modify the present General Terms and Conditions in any case.
Any order placed with Canary Boat Trips, S.L.U. necessarily implies as an essential, determining and indispensable condition, the acceptance without reservation by the client of the General Terms and Conditions of Purchase of its products, in force on the day on which the corresponding order is placed. In addition, the customer acknowledges that the acceptance of these General Terms and Conditions of Purchase will imply the application of these to the order to which they refer, as well as to any subsequent order, except in those cases where new conditions are brought to their knowledge by Canary Boat Trips, S.L.U.
The fact that Canary Boat Trips, S.L.U. does not resort at a given time to any of these conditions can not be interpreted or equated to renounce recourse to them in the past or future.
2.- ON-LINE PURCHASE PROCESS.
2.1.- Our products, how to find them?
Canary Boat Trips, S.L.U, offers you a virtual shop that offers all kinds of services organized in families, so that it is easier for you to find them.
From the home page you can access all levels of service families.
2.2.- Product categories/families:
Magic Select
Magic Deluxe
Magic Dolphin
Magic Reef
Aphrodite
All products have a detailed product sheet, which includes a photograph, name, description and price including tax. The prices that appear in the product cards are an invitation to the client to make an order proposal; therefore, if there is an error in them, Canary Boat Trips, S.L.U. will inform the client of this circumstance and will not process the order.
Once the products have been selected, they will be added to the Shopping Cart, where the user will be able to add or remove products at any time. Once the product selection process has been completed, or directly by clicking on the “BUY” button, the visitor can complete the product selection process and proceed to payment.
2.3.- Buying on magicandsailing.com.
The user can buy as a guest, you do not have to register in advance.
To place an order through our e-commerce platform, the User must complete our form, providing us with the following information:
Name and surname.
Complete postal address.
E-mail address.
Contact telephone number.
In addition, if the user registers, he/she will be able to receive information about offers and promotions if he/she so wishes. Your personal data will be registered in your customer file. For further information on the processing and storage of your personal data, please consult our Privacy Policy.
2.4.- How is the order processed?
The purchase of services must be made through the activation of the “BUY” button that appears at the bottom of the purchase request, and expresses full acceptance of each and every one of these Terms and Conditions of Purchase, as shown in magicandsailing.com, prior to the purchase of products.
2.5.- Prices.
The prices applicable to each product, including IGIC, are those indicated on the product sheet. During the purchase process, the amount corresponding to the tax charge will appear broken down according to the rate in force at all times and applicable to the products and/or services marketed, as well as the corresponding shipping costs broken down before the confirmation of the order.
The offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer.
Canary Boat Trips, S.L.U reserves the right to make, at any time and without prior notice, the changes it deems appropriate, and may update products and services on a daily basis depending on the market.
In case of a price variation, Canary Boat Trips, S.L.U will communicate by email to the customer the variation and the customer may choose to cancel your order without being able to charge any additional cost.
2.6.- Payment methods.
Canary Boat Trips, S.L.U. offers various means of payment so that the customer can choose the one that suits him best or best suits your needs:
Payment by Credit Card Visa and MasterCard, which have developed a system to make secure payments on the Internet. The Secure Electronic Commerce system is based on the card issuer identifying the cardholder before authorising payment over the Internet. Canary Boat Trips, S.L.U. reserves the right to refuse any credit card transaction. In this case we will refund the cash to the original card. In these cases and if the customer is interested in progressing with the purchase of the items we will request a bank transfer.
If this is the means selected by the user for payment, a secure connection is established, via SSL, where you must confirm the payment and enter the bank details directly. This page is not controlled by Canary Boat Trips, S.L.U, but is an external payment gateway, so Canary Boat Trips, S.L.U does not have access to your bank details and does not store them.
Payment by bank transfer: You can make a bank transfer to the account that will be indicated at the time you select this method of payment. The order will not be considered effective until we confirm the corresponding payment.
In order to process the order as soon as possible, it is necessary that the order number is reflected in the concept of the transfer. The Company will not be responsible for any delays caused by this reason.
2.7.- Invoicing.
Canary Boat Trips, S.L.U will have the obligation to issue an invoice to those customers who require it. This invoice will include the concept and the detail of the sums received for the shipment of the orders requested.
3. EXCHANGE, CANCELLATION AND RETURN OF ORDERS.
3.1.- Exchange.
No changes are permitted.
3.2.- Cancellation.
Orders may be cancelled in whole or in part up to 96 hours before the date of the excursion. For any cancellation of the order, you must notify as soon as possible via email Isabel@magicandsailing.com.
If the cancellation is made within the aforementioned period, no penalty will be applied to the customer. In the event that the cancellation is made after the agreed 96 hours, the customer will not be able to cancel the order.
As a consequence of the cancellation with the right to reimbursement, the amount of the purchase will be refunded using the same means of payment used for the initial transaction, unless expressly provided otherwise.
For credit cards, the amount will be refunded at the end of the monthly billing period. The exact date of the refund depends on the credit card agreement between the bank and the customer. Reimbursement by bank transfer will be made within seven working days or, where applicable, in accordance with the stipulations of the bank concerned.
4.- RIGHT OF WITHDRAWAL.
As there is a free cancellation up to 96 hours before the service, it will not be necessary to use a cancellation form.
5.- GUARANTEES.
All services will be offered as they appear in their corresponding descriptions. Canary Boat Trips, S.L.U., reserves the right to make changes in the services due to circumstances of production, and date and time if the weather conditions are not suitable for the realization of the previously scheduled services. Such changes may be made up to 15 minutes before the excursion, which will be informed by means of the e-mail address provided, or if the user is already at the dock, he/she will be informed directly.
6.- RESPONSIBILITY OF THE CLIENT.
The client undertakes to make lawful use of the Services, without contravening current legislation, or harming the rights and interests of third parties.
The client guarantees the truthfulness and accuracy of the data provided when filling in the contracting forms, avoiding causing damage to Canary Boat Trips, S.L.U. as a result of the incorrectness of the same.
The breach of any of these General Conditions of Contract may result in the cancellation or cancellation of orders by Canary Boat Trips, S.L.U without notice to the customer and without this entailing a right to any compensation.
7.- TECHNICAL SUPPORT AND CUSTOMER SERVICE.
If you have any problem, please contact us to solve it at the following email address: reservas@magicandsailing.com and/or Customer Service Phone +34 630 975 023
8.- PERSONAL DATA AND COMMERCIAL COMMUNICATIONS.
We remind you that Canary Boat Trips, S.L.U. complies with current legislation on data protection, and in accordance with the Organic Law 3/2018 of 5 December and by EU Regulation 679/2016 General Data Protection, we inform you about the processing of personal data that we perform.
8.1.- Who is responsible for your data?
The person responsible for the processing of the data you provide us with as a result of purchasing a product or filling in a form is:
Canary Boat Trips, S.L.U
Address: C/ Nuestra Señora del Carmen, nº 9, bajo derecho, 35625, Morro Jable
Data Protection Officer: Isabel Sosa Tuckman
E-mail of the Data Protection Delegate: Isabel@magicandsailing.com
8.2.- What data do we process?
Depending on the services you wish to enjoy at any given time, we will need to process personal data such as:
Identification data: your name and surname, contact address, email address, telephone number.
Economic and transactional information data, such as your payment details, information about your purchases, orders, returns, cancellations, among others.
Commercial and promotional information, if you have subscribed to our communications system.
Data about your tastes and preferences.
On our forms you will find that we ask you for the necessary data, marked with an asterisk, which we need in order to provide you with the service; if you do not provide us with this data, you may not be able to complete your registration or continue with the purchase process.
8.3.- For what purpose do we process your data?
Depending on how you interact with us we will process your data for the following purposes:
Purpose Description
User Registration The basis that legitimizes the treatment is your initial consent at the time of user registration, being subsequently processed for the execution of the terms governing the use of magicandsailing.com.
For the development and execution of the sales contract
To manage the purchase process that you make in magicandsailing.com.
To manage the collection of the products, regardless of the payment method selected.
To manage possible returns, cancellations and changes to the order.
Invoicing management.
Processing and tracking of orders, including making them available to the transport company.
For marketing purposes
If you subscribe to our newsletters, we will process your data to manage your subscription and send you personalised information.
Elaboration of a user profile to determine your preferences and to send you personalised offers and promotions.
Usability and quality analysis We will process your browsing data for analytical and statistical purposes, so that we can improve our website and adapt it to the way in which our users access and browse it.
For the fulfilment of legal obligations We will process the data for the fulfilment of the obligations that correspond to us, such as tax obligations, consumer obligations, attention to claims and management of rights.
8.4.- What is the legal basis for processing your data?
The legal basis that allows us to process your personal data depends on the purpose:
Purpose Legitimate basis for processing
In case you decide to register as a user, we need to process your data to identify you as a user and give you access to the functionalities of magicandsailing.com.
For the development and execution of the purchase contract.
The basis that legitimates the processing of your data is the execution of the contract of sale or provision of services that binds us to you.
In addition, we apply the legitimate interest to carry out the necessary checks to prevent and detect fraud when a purchase is made on our website.
For marketing purposes
The basis for this processing is your consent, which you can revoke at any time.
To show you personalised information, we have a legitimate interest in profiling with the information that you provide us with and that we collect about you (browsing the site, preferences, purchase history).
Analysis of usability and quality The basis that legitimizes the treatment is the legitimate interest to analyze the usability and degree of user satisfaction when browsing magicandsailing.com.
For the fulfilment of legal obligations Based on the legal obligations that correspond to us.
8.5.- How long will we keep your data?
The period of conservation of personal data is linked to the purpose of the processing; therefore, we provide you with the conservation periods that we apply:
Purpose Retention period
User Registration For as long as you remain a user, and once you unsubscribe, for the period of limitation set by current legislation.
For the development and execution of the purchase contract For the time necessary to manage your purchase, including the periods for returns, cancellations and withdrawal. Subsequently, for the period of limitation set by civil law.
For marketing purposes Until you unsubscribe from communications and/or revoke your consent.
Usability and quality analysis Until you delete the cookies.
For compliance with legal obligations During the limitation periods established by current legislation for each legal obligation that corresponds to us.
8.6.- With whom do we share your data?
Unless the transfer of data to third parties is indicated on the form, Canary Boat Trips, S.L.U. expressly informs you that it will only communicate the data to those bodies and entities of the Public Administration with competence in the matter in accordance with the legal regulations in force, and for the fulfilment of the purchase contract we will have to provide your data to third parties for the following purposes:
Financial institutions and credit/debit card issuers, for the management of collections and payments.
Fraud detection and prevention entities.
Providers and collaborators of transport and product delivery services.
Providers and collaborators of invoicing, accounting and tax management services.
8.7.- What are your rights?
In accordance with current EU regulations (EU Regulation 679/2016, of 27 April) and Spanish regulations (Organic Law 3/2018, of 5 December), you have the possibility of exercising the following very personal rights, providing reliable proof of your identity, either by electronic means or by written communication addressed to our Data Protection Delegate.
Your rights are as follows:
The right to revoke your consent and ask us not to process your personal data for commercial purposes, or to send you communications via email, SMS messages and newsletters.
Right of access to the information we have about you, specifying the purposes of the processing we carry out and the communications we have made to third parties, either because they are authorised by law or because they are necessary for the provision of the service you have requested, or because you have given your prior consent.
The right to rectify your data, whereby we will update and update the information and data we hold according to the information you provide us with.
The right to the deletion of your data, once the legal retention periods established by the applicable regulations have expired.
The right to oppose us carrying out any processing of your data by revoking your authorisation/consent.
The right to limit the processing of your data, such as in the event that you lodge a complaint or wish us to keep your data for a longer period of time, preventing their deletion.
The right to the portability of your data, whereby we will provide you with the data that you have provided to us at the time of your registration as a user in a commonly readable file format.
In addition, we inform you that you can always go to the Spanish Data Protection Control Authority (Spanish Data Protection Agency, www.agpd.es) to request its protection or lodge a complaint in relation to the processing of personal data.
8.8.- Where can I exercise my rights?
To exercise these rights, you may contact us via the following e-mail address: dpo@magicandsailing.com , indicating in your request your full name and the right you are exercising, accompanied by a copy of your ID card or equivalent document accrediting your identity.
You may also do so by sending us a letter, with a copy of your ID card, to the following address:
Canary Boat Trips, S.L.U,
C/ Nuestra Señora del Carmen, nº 9, bajo derecho
35625
Morro Jable
8.9.- Security of your data.
We have organisational and technical measures in place to protect your personal data from loss, misuse, unauthorised access or disclosure, alteration and/or destruction. Unfortunately, it is not possible to fully guarantee the security of any data transmission or storage system.
If you suspect that your interaction with us is no longer secure, please notify dpo@magicandsailing.com immediately.
9.- INTELLECTUAL PROPERTY
The rights of intellectual and industrial property on the works, brands, logos, and any other susceptible of protection, contained in the web page correspond exclusively to Canary Boat Trips, S.L.U, unless different ownership is indicated in the same.
The unauthorised reproduction, distribution, commercialisation or transformation of such works, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of Canary Boat Trips, S.L.U. or of the owner of the same, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.
Also, the information to which the customer can access through the website, may be protected by industrial property rights, intellectual or otherwise. The Company shall not be liable in any case and under any circumstances for any infringement of such rights that you may commit as a user and/or customer.
10.- NOTIFICATIONS.
All notifications, requirements, requests and other communications to be made by the parties in relation to these General Terms and Conditions of Purchase must be in writing and shall be deemed to have been duly sent by ordinary mail to the address of the other party or its email address.
Specifically in the case of Canary Boat Trips, S.L.U, shall be notified to the postal address: C/ Nuestra Señora del Carmen, nº 9, bajo derecho. 35625 – Morro Jable, at the telephone number 630 975 023 or at the e-mail address dpo@magicandsailing.com.
11.- NULLITY AND INEFFECTIVENESS OF THE CLAUSES.
If any clause included in these Particular Conditions of Contract is declared totally or partially null and void or ineffective, such nullity or ineffectiveness will only affect the said provision or the part of the same that is null and void or ineffective, with the rest of the General Conditions of Purchase remaining in force. Consequently, the clause declared totally or partially null or ineffective shall be deemed not to have been included.
12.- APPLICABLE LEGISLATION AND SUBMISSION TO JURISDICTIONS.
Purchases and sales made in The Company are subject to Spanish legislation.
In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, Canary Boat Trips, S.L.U is subject to the consumer arbitration system / to the Courts and Tribunals which, where appropriate, will hear the matter, and which will be those provided for in the applicable legal regulations regarding competent jurisdiction: in the case of end consumers, the place of fulfilment of the obligation or the domicile of the purchaser.
In the event that the purchasing party is acting on behalf of a legal entity, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Puerto del Rosario, Fuerteventura.
Protection of Personal Data.
Responsible Treatment Canary Boat Trips, S.L.U. ,
Purpose The personal data collected in the withdrawal form will be processed in order to manage and process the requested right, its archiving and preservation, as well as to contact the person concerned.
Legitimation Legal obligation established by articles 102 and following of the Royal Legislative Decree 1/2007, Revised Text of the Law on Consumers and Users.
Retention The data will be kept for the periods of limitation established in the relevant legislation in force.
Recipients The data will be communicated to the transport companies for the collection of the products, as well as to the competent Public Administrations.
Rights You may exercise your rights of access, rectification, deletion, limitation and opposition by writing to the address of the Data Controller. In addition, if you consider that your rights have been violated, you may lodge a complaint with the Spanish Data Protection Agency.
More information magicandsailing.com
