These Terms and Conditions govern the contractual relationship involved in acquiring products offered in this online shop. The sales Terms and Conditions described below exclusively govern the contractual relationship between users of the online shop (hereinafter called the “Client”), and the vendor, UFISHPRO SL with Tax ID (CIF) B75162149 and corporate address at Paseo Mikeletegi 83, 1º local 5 – 20009 Donostia-San Sebastián, (Gipuzkoa) Spain (hereinafter the “Shop” or “UFISHPRO”), which is responsible for the online shop’s commercial endeavors.
We ask that you read these conditions carefully before placing your order with the Shop. By placing your order with the Shop, you agree to be legally bound by these conditions.
1.1. The purpose of these purchasing Terms and Conditions is to supply the products offered at the online shop in exchange for economic benefit.
1.2. By accessing the online shop, the Client agrees to respect the Terms and Conditions, as well as the standards for use stipulated therein.
2. Entry into force.
2.1. These Terms and Conditions, together with your order confirmation, constitute a contract between the Shop and the Client in which products are supplied. No other Terms and Conditions will be applicable.
2.2. The Client will be understood to be in agreement with the general conditions that are stipulated in this text from the time in which the Client accepts that they have read and accept these Terms and Conditions.
3.1. Sales conditions and prices are merely informative, and may be modified according to market fluctuations.
3.2. However, placing an order by filling out the purchasing form implies compliance with the price offered and the general sales conditions in effect at that specific time.
3.3. Once the order is finalized, the purchase will be understood to be fully completed, with all legal guarantees that cover the purchasing consumer. From this moment, prices and conditions will take on a contractual nature, and may not be modified without express consent from both contracting parties.
3.4. Castilian Spanish will be the language used to formalize the contract. The electronic document in which the contract is formalized will be archived, with the user being able to request a copy from UFISHPRO.
3.5. The Client may cancel the order at any time, and at no additional cost, as long as it has not been billed and sent through the shipping company. If the package has left UFISHPRO’s facilities, the Client may reject it when delivered by the shipping company. In this case, the Client must pay for shipping costs, however the Client will receive reimbursement for the price of the chum dispenser.
4. Supplying products.
4.1. The Shop will supply the products indicated when confirming the Client’s order, in accordance with these Terms and Conditions.
5. Information about the products.
5.1. We pay close attention to the information related to the essential characteristics of the products by means of technical descriptions and photographs which illustrate the products. All this is done within the limits of technology and respecting the market’s highest standards.
6.1. The price of each product will be clearly indicated on the webpage. The price and conditions of the products offered may vary, however they will always be governed by the price and conditions in place when the Client placed the order.
6.2. UFISHPRO reserves the right to collect on the order as soon as it is received.
6.3. The sales prices indicated in our online shop are presented in the following way:
• If the Client lives in the European Union, all prices include VAT, but we will subtract this sum from the total if the order is placed in areas that are tax exempt. In order for the tax to be subtracted, the Client must send a message through the website’s contact form after placing the order, indicating the order number in the message.
If the Client lives outside the European Union, prices do not include VAT. When the order arrives at its destination, the Client must pay local taxes, as well as any import taxes that may apply.
• In some countries and regions, there are also customs processing fees. The shipping company acting as an intermediary will charge for these fees. Customs tariffs and regulations may vary in different countries, therefore their exact proceedings are difficult to present.
6.4. Shipping service expenses are not indicated in the product prices. The Client will be responsible for shipping service costs, which will be added to the total of the products selected before confirming the order and completing the purchasing process. Shipping costs are calculated according to the destination, volume, and weight of the articles.
7.1. It should be borne in mind that orders will be sent within the limits of available stock. If any of the order’s items are not in stock, we agree to send the Client an e-mail as soon as possible (starting from the date in which the order was placed) to communicate the timeframe in which we will be able to send the product(s). If the Client does not wish to wait, they may request reimbursement for the amount paid for said item.
8. Paying for products.
8.1. If our security department suspects any anomaly or fraud, the Shop reserves the right to void the transaction due to security reasons.
8.2. The Shop provides the Client with 2 payment options:
• Payment with credit / debit card. If choosing to pay with a card, the Client’s order will not be handled or processed until payment has been authorized by Client’s bank or credit institution. Online credit card payment is made through a “Secure Socket Layer” security system that encrypts banking details when sent over the internet. For security reasons, the Shop verifies all orders payed for with a bank card. MasterCard and Visa cards that are enrolled in the Verified by Visa secure payment system are accepted.
• Payment with PayPal. PayPal lets you pay directly without providing financial information on the Internet. PayPal automatically encrypts confidential information with the help of the market’s best technology.
9. Shipping products.
9.1. The Client’s products will be sent to the delivery address stated in their personal information form.
9.2. Shipping costs are indicated on the online shop’s webpage.
9.3. Once payment confirmation is received, in the assumption that there are no causes beyond UFISHPRO’s control (natural disasters, wars, strikes, etc.), order delivery times will be counted in terms of business days as follows:
• Delivery to Spain: up to 3 business days.
• Delivery to EU countries: up to 7 business days.
• Delivery to non-EU countries: up to 20 business days.
9.4. The client agrees that he or she, or another designated individual, will be present at the address indicated to receive the package. If the recipient is not there the first time, the shipping company will try once more. If the order can still not be delivered, it will be returned to us and the Client will be reimbursed for their payment made excluding shipping and return costs, which will be the Client’s responsibility.
9.5. The Client will have 24 hours to inspect all components of the order, and ensure that all products ordered are included. After 24 hours have passed, the order will be considered as accepted, and no complaints regarding imperfections or shipping issues will be accepted.
9.6. An order is considered to be delivered when the Client signs the delivery receipt. The Client must verify that the products delivered are correct, and present any objections that may arise within 24 hours.
9.7.If a product arrives damaged due to shipping company handling, we recommend contacting us within the first 24 hours in order to lodge a complaint with the shipping company. Likewise, the transport company must be made aware in writing on the delivery note claiming acknowledgement of receipt. If the package is excessively damaged, reject delivery and contact UFISHPRO.
10. Product warrantees.
The Shop guarantees all of the products it distributes according to the laws in effect and the following conditions. The consumer may contact the Shop, which will address non-conformities that may arise within a period of two years from the delivery date. If a defect is discovered during the first 6 months following delivery, the anomaly will be presumed to have already existed when the item was purchased, unless there is proof to the contrary.
However, when a non-conformity arises after 6 months have passed, or in dubious cases, the Shop may request an independent expert report to process the warrantee. In obvious cases of improper or irregular functionality within the warrantee period, the problem will be resolved without issue.
Shipping costs associated with the product’s warrantee will be UFISHPRO’s responsibility in cases where the goods acquired present a lack of conformity. This should always be done by following the instructions that the Shop indicates, with prior request and acceptance granted.
The Client may lodge a complaint when the product does not comply with the contract:
• The goods acquired do not fit the description presented by the Shop.
• The goods do not present the expected level of quality or performance, particularly as a result of public statements (advertising, brochures, labelling, etc.) made by the Shop or manufacturer on the goods’ particular characteristics.
The Client has a right to:
• Replace it. The Client may opt to repair or replace the item, unless one of the two options is impossible or unreasonable. Whichever option has a higher cost will be considered unreasonable. Replacement must be carried out in a reasonable amount of time, and must be completely free of charge for the Client.
• Discount the price or terminate the contract. This will occur when the Client is unable to demand replacement, and in cases where it would not have been carried out in a reasonable amount of time, or without greater inconvenience to the Client. The contract will not be terminated when the non-conformity is of minor importance.
Voided warrantee. The following causes will void the warrantee:
• The Client’s improper use, handling, or maintenance.
• Components that are broken or damaged due to impact.
In no case will damaged materials or materials showing signs of improper use be accepted.
What the warranty does not cover. The warranty does not cover defects caused by incorrect product use. In these cases, the consumer will be responsible for its repair. Therefore, the following are excluded from the warrantee:
• Defects or wear caused by external events, accidents, wear, or use other than that according to the Shop’s instructions.
• Products that are modified or repaired by the Client, or any other party that is not authorized by the Shop.
These warrantee terms do not affect the Clients statutory rights protected by applicable law. In addition, the warrantee will address product manufacturing flaws and latent flaws according to article 1490 of the CC.
Replacement of Product under warrantee.
The following are the instructions for sending your product for replacement when it is covered by the warrantee:
1. Prepare the duly protected product in its original packaging (or packaging with similar characteristics).
2. Include the purchase invoice and delivery note in the package.
3. Indicate your first and last name as the sender (which should be visible).
4. Send the package to the following address:
UFISHPRO, Paseo Mikeletegi 83, 1º local 5, C.P 20009 Donostia-San Sebastián (Spain)
Tel: (+34) 943 142 736
11. Right to return.
11.1 Right of withdrawal.
According to applicable law, the Client will have a period of 14 business days counting from the Product’s delivery date to withdrawal from the Product’s purchasing agreement. Once the 14 business day period has lapsed, the Shop will not accept returns due to Product purchasing agreement withdrawal. The client will not have the right to withdrawal in cases established by applicable regulations and, specifically, as an example but not limited to, cases in which the Products have been manufactured according to Client specifications or have been clearly personalized.
The following requirements must be met in order to complete a return:
1. The Product must be in the same condition as when it was delivered, and must be accompanied by its instructions, documentation, accessories, and, to the extent possible, its original packaging and labelling.
2. Shop returns must be completed using the same box or envelope used for delivery or, lacking this, using a similar format that guarantees the Products are returned in proper condition.
3. A copy of the Products’ purchase receipt and delivery note must be included in the package, where the returned Products and reason for return are marked.
Once the Client gives notice that he or she is withdrawing from the purchase agreement, the Client must proceed to return the order by delivering it or sending it to the Parque Científico y Tecnológico de Gipuzkoa, Paseo Mikeletegi nº 83, 1º local 5, 20009 Donostia-San Sebastián (Gipuzkoa), or the address that UFISHPRO indicates, within fourteen (14) days following the purchase agreement withdrawal notice. The Client will be responsible for the returned order’s shipping and handling costs.
In all cases, the Product or products that comprise the order must be returned in the same condition in which they were delivered, and must retain all documentation, instructions, and, to the extent possible, its original packaging and labelling.
11.2 Reimbursing the Client for the price of the Products.
The Shop will manage the order price reimbursement using the same payment method that the Client used when acquiring the Products within a period of 5 business days counting from the date in which the returned order’s delivery to the warehouse was confirmed. The purchase price’s reimbursement applied to the Client’s account or credit card will depend on the card and the issuing institution. The purchasing price reimbursement period will be up to seven (7) calendar days for debit cards, and up to thirty (30) calendar days for credit cards.
11.3 Returning Defective Products.
In compliance with applicable law, the Client will have the right to reimbursement for the price of the defective Products, or Products delivered that do not correspond to those indicated in the order placed by the Client. In this case, the Products will be returned to the Shop as stipulated in the previous section. In terms of defective Product returns, or returning Products that do not correspond to those indicated in the order placed by the Client, the Shop will cover the cost of returning the Products as long as the return is made from within the Spanish territory.
12. After-sales service.
If you would like to speak with Customer Service:
– You can call us at (+34) 943 142 736 Monday through Friday from 9:00am to 5:00pm.
– You can send us a message through the Contact Form and we will respond as quickly as possible.
13. Shop and Client obligations.
13.1. The Shop agrees to make all necessary information relating to products offered and orders placed available to the Client. The Shop will not be held responsible for these terms and conditions not being met in cases of force majeure, Client non-compliance, or an unforeseen event caused by a party not covered by the contract.
13.2. The Client agrees to fill out the order forms and fields according to indicated instructions. The Shop will protect data in compliance with the law. The Client also agrees to pay for the price of the product, including corresponding taxes, customs fees, and shipping costs.
13.3. We would like to remind you that it is a good idea to save a copy of the information provided with products purchased. The Shop will not be held responsible for any loss of acquired product information, files, or any damage that may result from a Client’s data back-up copy failure.
13.4. The Shop will not be held responsible for consequences that may result from improper use of products sold on its platform.
14.1. All opinions written by Clients are reviewed by the marketing team. If opinions received infringe on the law, ethics, or morality (abusive advertising, defamation, insults, comments that are out of context, etc.), the Shop reserves the right to reject or modify said opinions.
15. Personal data protection.
16. Intellectual property.
16.1. All Online Shop, Shop, and Social Network content (illustrations, texts, names, brands, images, videos) is the property of the Shop. Any full or partial reproduction of this content, in any way and in any format, is subject to express prior authorization from the Shop.
17.1. Invoices will be provided in PDF format and, where applicable, in paper format, when the product ships. You can request a copy of your invoice by sending an e-mail to firstname.lastname@example.org or through the website’s contact form.
18. Applicable law and jurisdiction.
18.1. This contract will be in interpreted and governed according to Spanish and European law in effect.
18.2. For the resolution of conflicts, the parties, by their own choice, submit to the jurisdiction of the courts and tribunals of the Shop’s registered address, renouncing any other jurisdiction.