Disclaimer

GENERAL INFORMATION

In accordance with the duty of disclosure stipulated article 10 of the Ley 34/2002, of July 11th, de Servicios de la Sociedad de la Información y del Comercio Electrónico (Services of the Information Society and Electronic Commerce) the following details of generic information pertaining to this website are here presented:

The owenership of this website, www.portosub.com, (here after stated as Website) pertains to:

  • Leopoldo Leiro González, Spanish ID number: 76933625M, and whose contact details are:
    • Address: C/Padre Sarmiento Nº4, loft 36970 (Portonovo) Pontevedra.
    • Telephone number: (+34) 607 083 551

GENERAL TERMS AND CONDITIONS OF USE

THE OBJECTIVE OF THESE CONDITIONS:

THE WEBSITE

The objective of these General Conditions of Use (here after referred to as Conditions) is to regulate the access and use of the Website. To all effects and purposes of these Conditions the Website refers to: the exterior apearances of the screen interfaces, both static and dinamic modes; navigation tree and all elements integrated both in the interfaces of the screen such as the navigation tree (from here on known as Contents) and all services or resources on line that are offered to the Users (from here on known as Services).

Portosub Dive Shop reserves the right to modify at any time and without previous warning the presentation and configuration of the Website, Contents and Services which may be incorporated within. The User recognises and accepts that at any moment Portsub Dive Shop may interrupt, deactivate and/or cancel any of the elements here integrated into the Website or access to the same. Access to the Website by the User is unrestricted and, as a general rule, free with the User not needing to pay any costs except for any and all relating to their conection to the telecommunications network provided by the company the User has hired.

Any of the Contents or Services belonging to the Website can be used through the subcription or previous registration by the User.

THE USER

The acess, navigation and use of the Website, spaces designed to interact with other Users, the User and Portosub Dive Shop, comment sections and areas for blogging, confers the condition of User, for which all Conditions here stated and later modifications are automatically accepted from the moment the navigation on the Website commences without loss of the application of the corresponding legal regulation of obliged fulfillment depending on the case. Given the relevance of all previous, it is recommended that the User read them every time they visit the Website.

The Portosub Dive Shop Website provides a great diversity of information, services and data. The User assumes the responsibility of giving a correct use to the Website. This responsibility includes:

A use of the information, Contents and /or services and data offered by Portosub Dive shop without it being contrary to all stipulated in the present Conditions, laws, moral, public order or any other way that may mean harm to the rights of third-parties or functioning of the Website.

The veracity and lawfulness of the information priveded by the User in the extended forms by Portosub Dive Shop for the acess to certain Contents and Services offered by the Website. In all cases, the User will notify Portosub Dive Shop immediately of any event that may allow the unlawful use of registered information on the aforementioned forms, including but not limited to the thievery, misplacement or unauthorized access to identifications and/or passwords, with the aim immediate cancellation,

Portosub Dive Shop reserves the right to remove all comments and contributions that infringe the law, the respect to one´s dignity, that may be discriminatory, xenophonic, racist, pronographic, spamming, that threaten the young or childhood, order, public safety or that, in judgement, are not adecuate for publication. In all cases, Portosub Dive Shop will not be responsible for the opinions stated by the Users throughout comments or other blogging or participation tools that may be.

The mere access to the Website does not initiate any commercial relationship between Portosub Dive Shop and the User. The Portosub Dive Shop Website is directed to all people, regardless of age, that can access and/or nagivate through pages of the Website. The Website is directed mainly at Users who are residents in Spain. Portosub Dive Shop does not guarantee that the Website complies with the legislation of other countries, whether it be total or partial. If the User resides or has their home address in another place and decides to access and/or navigate on the Website, they do so under their own responsibility and must make certain that said access and navigation is in compliance with applicable local legislation, which Portosub Dive Shop does not assume responsibilty relating to the access.

ACCESS TO AND NAVIGATING THE WEBSITE:

EXCLUSIÓN DE GARANTÍAS Y RESPONSABILIDAD

Portosub Dive Shop does not guarantee the continuity, availabilty or usefulness of the Website, nor of the Contents and Services. Portosub Dive Shop will do all that is possible for the correct functioning of the Website, however, it is not responsible for no guarantees the uninterrupted or error free access to the Website.

Neither does it assume responsibilty or guarantee that the content or software that may be access through this Website be error free or will not cause informatical damage to the software or hardware of the User.

Under no circumstance is Portosub Dive Shop responsible for the loss, damage or harm of any kind that comes from the access, nagivation and usage of the Website, including but not limited to those affecting informatical systems or those caused by the introduction of viruses.

Portosub Dive Shop is not responsble for the damage taken by the User due to inappropriate usage of the Website. In particular, it is not responsible in any way for the interruptions, breaks, lack of or failures in telecommunications that may happen.

PRIVACY POLICY AND DATA PROTECTION:

In accordance with what is stipulated in the Oranic Law 15/1999 for Protection of Personal Data (LOPD), and with the Royal Decree 1720/2007, of December 21st for which the Regulation for the Development of the Oranic Law of December 13th for the Protection of Personal Data (RDLOPD), Portosub Dive Shop commits to adopting the tecnichal and organisational methods necessary, depending on the level of security pertaining to the collected data in such a way that guarantees the secuirt of the personal data and avoids their alteration, loss and unauthorized treatment or access.

In accordance with what that which is stipulated in article 5 of the LOPD, the User is informed that the personal data recollected by Portosub Dive Shop through forms found on its pages, will be introduced into an automated file under the responsibility of the Portosub Dive Shop, and declared and registered in the General Register of the Agency for Data Protection, with the objective of facilitating, enabling and meeting the compromise established between both parties or the maintenance of the relationship established in the forms subscribed to or to process an application or query.

While the User does not communicate otherwise to Portosub Dive Shop, it will be understood that it remains unmodified; that the User commits to notifying any variation and has the consent to use them for specific objectives, explicit and legitimate for which they have been obtained. They may be used for the commercial objective of personalisation, operative and statiscally, and activities pertaining to their social aim, expressly authorising Portosub Dive Shop to extract, store the data and marketing studies to adapt the Content offered to the User and thereby better the quality, functioning and navigation of the Website.

On the occassions in which the Use may facilitate their data through formulas, with the objective of making queries, requesting information and/or for motived pertaining to the offered Content on the Website, if the given data were necessary for the correct development of all aforementioned, the User will be notified of which data they are obliged to provide.

If this handling of their data with the objective here stipulated in the above paragraph(s), the user may excercise their rights of acces to information, rectification, cancelation and objection (ARCO rights) with which they count and can be excercised with Portosub Dive Shopin accordance with III LOPD and RDLOPD. For this, the following must be taken into account:

Rights of access: s elThe User has the right to obtain information regarding their specific personal data and the actions that Portosub Dive Shop may have taken, or is taking, as with the information available about the origin of said data and communications made or planned.

Right of recitifcation: It is the right of the User to modify the data that, being inside the automated folder, is inexact or incomplete.

Right of cancellation: It is the rght of the User to eliminate their personal data with the exception of what may be included in other applicable laws that determine the obligation of the conservation in manner and time of the same.

Right of objection: The User counts with the right to not have their personal data used or to cease the usage of the same by Portosub Dive Shop. And so, the User may excercise their right through a written statement addressed to Portosub Dive Shop with the referenc “LOPD-www,portsub.com”. Specifying name, surname and identification number of the User. In situations in which representation is allowed, it will also be necessary to provide through the same channels the identification of the representative, as well as an authorisation for representation. The photocopy of the DNI may be substituted by any other valid documentation that proves identity, application with the specific motives of request or the information to which access is wanted, address for notifications, date and signature of the requestee and all documentation that proves the valdity of the request made.

The user must use a method of sending that allows to validate the method of sending and reception of the request. This request and any other document attached must be sent to the following address and/or e-mail:  C/Padre Sarmiento Nº4, Ático 36970 (Portonovo) Pontevedra.

Portosub Dive Shop reserves the right to modify its Privacy Policy in accordance with its own criteria, or due to a change in legislation, jurisprudence or in the doctrine by the Spanish Agency for Data protection. The usage of the Website after any of these changes implies the acceptance of the same.

COOKIE POLICY

Cookies used on this website:

We use cookies to save your preferences regarding the visualization of the Website, as well as that which is added to the shopping cart.We also use Google Analitycs to gain insight on the pages inside the Website that are most visited for the purpose of bettering them each day.

Cookies:
Access to the Website may implie the usage of cookies. Cookies are small elements of information stored in the browser by each User – on the different devices used to navigate – and that are remembered by the server for a certain amount of time after and which only the server that implemented them may read. Cookies facilitate nagivation, make it frendlier and do not harm the device used for navigating.

Cokies are procedures for the automatic gathering of information pertaining to the preferances specified by the User throughout their visit of the Website with the objective of recognising them as a User and personalising their experience and use of the Website and may, for example, help identifyand resolve errors.

The information gathered through cookies may include the time and date of visits to the Website.Pages visitied, time spent browsing the Website and places visited before. However, no cookie allows a connection with the Users telephone number or any other method of personal contact. No cookie can extract information from the Users hard drive or steal personal information. The only a Users private information can become part of the Cookie file is if the User personally facilitate this information to the Server.

Own Cookies:
They are those cookies that are sent to the computer or device used by the User and organised exclusively by Portosub for the betterment of the Website. The information gathered is used to better the Website, its Contents and experience as a User. These cookies allow the User to be recognised as a recurent visitor to the Website and adapt the contents to be more in accordance with the Users´ preferences.

Third-party Cookies:
They are cookies used and organised by external entities that provide Portosub requested services by the same for the betterment of the Website and the experience of the User when navigating the Website. The main objectives for which third-party cookies are used are for the obtention of statistics of access and the analysis of browsing information, that is to say, how the User interacts with the Website.

The information obtained pertains to, for example, the number of pages visited, the language, the place from wich the IP address the User employs to access the Website originates from, the number of Users who access the Website, the frequency and recurrency of visits, length time-wise of visits, the browser which is used and the operator or device employed. This information is used for the betterment of the Website and to detect any new necessities so as to offer the Users a Content and/or service of maximum quality. In all cases, the information compiled is anonymous and reports are created regarding the Website tendencies without identifying individual Users.

 

More information about cookies and privacy, or types of cookies used, their main characteristics used and their description, expiry period may be found in the following link(s):

The entity(ies) in charge of providing cookies may pass this information to third-parties, only when the law requires it or a request is placed by the particular parties.

Disabling, rejecting and eliminating cookies:
The user may disable, reject and eliminate the cookies – all or partially – installed on their device through their browser configuration (including for example, Chrome, Firefox, Safari, Explorer). In this sense, the procedures for rejecting and eliminating the cookies may differ from one internet browser to another. Consequently, the User must consult the instructions facilitated by the same browser that is being used. In case of rejecting the usage of cookies – all or partially – the User may continue to use the Website, though some aspects of it may be limited.

 

Changes in the cookie policy:
The Cookie policy may change or be updated, for which it is recommended to revise this policy every time the Website is accessed with the objective of being adecuately informed about the manner and purpose the cookies are used.

LINKS POLICY

It is reported that the website Portosub Dive Shop puts or may be able to put at the Users’ disposal several links (such as, among others, hyperlinks, banners, buttons), directories and search engines that would allow the Users to access the websites belonging to and/or managed by third parties.

The installation of these links, directories and search engines on the website is intended to facilitate the Users´  search for and access to information available on the Internet, and never being regarded as a suggestion, recommendation or invitation for the visitation of these.

Portosub Dive Shop does not offer nor commercialise the products and/or available services linked on said sites by itself or through any third parties.

Likewise, it does not guarantee either the technical disposability, accuracy, veracity, validity or legality of sites external to its property and otherwise accessible though these links.

Portosub Dive Shop will not under any circumstance inspect or control the contents of any other websites, just as it does not approve, inspect nor endorse the products and services, contents, archives and any other existing material in the aforementioned linked sites.

Portosub Dive Shop does not assume any responsibility for possible damages caused either by the access, use, quality or lawfulness of the contents, communications, opinions, products and services of the websites which are not managed by Portosub Dive Shop, although linked on this website.

The user or third party who creates a hyperlink from another website, meaning a different site to that of the Portosub Dive Shop Website must know that:

  • The reproduction – both total or partial- of any of the Website’s Contents and/or Services without the express authorisation Portosub Dive Shop is not allowed.
  • Any fake, inexact or incorrect manifestation regarding the Portosub Dive Shop Website, or in relation to its contents and/or services is likewise not allowed.
  • With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element from this Website which counts as protected intellectual property by the Spanish legal system, unless it counts with the express authorisation of Portosub Dive Shop.
  • The creation of the hyperlink will not imply the existence of any relations whatsoever between Portosub Dive Shop and the owner of the website from which these are realized, nor the knowledge and agreement on behalf of Portosub Dive Shop of the former’s contents, services and/or activities offered on said website, and vice versa.

Intellectual and industrial property

Portosub Dive Shop, by itself or as the assignee, is the holder of the property and industrial rights of the Website, as well as the elements contained within (without limitation and non-exhaustively, images, sound, audio, video, software or texts, trademarks or logotypes, colour combinations, structure and design, selection of the materials employed, computer programs necessary for its functioning, access and use, etc.)

Consequently, they are works protected as intellectual property by the Spanish legal system, being applicable to both the Spanish and Community regulations in this field, as well as the international treaties related to the subject and signed by Spain.

All rights reserved Under the provisions of the Ley de Propiedad Intelectual (Spanish Copyright Act), the reproduction, distribution and public communication is thus expressly forbidden, including its procedures for being made available, either in its totality or part of its contents of this Website, for commercial purposes, in any format and by any technical means without the authorisation of Portosub Dive Shop.

The user commits to respecting the intellectual and industrial property rights of Portosub Dive Shop. They will be able to visualise the Website’s elements and even print them, copy them and store them on the Users´ computer’s hard drie or on any other hardware as long as they keep it for their exclusive and personal use. The User, nonetheless, will not be able to suppress, modify or manipulate any protection device or security system that were ever installed on the website.

In the event the User or the third party considers that any of the contents of the Website supposes a copyright violation, they shall immediately communicate it to Portosub Dive Shop through the contact details from the GENERAL INFORMATION section in this legal notice.

LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Portosub Dive Shop reserves the right to take any civil and penal actions deemed necessary for the improper use of the Website and its contents, or for the infringement of the present conditions.

The relationship between the User and Portosub Dive Shop will be regulated by the current and implementing legislation on Spanish territory.

In case of any arising controversy with regards to the interpretation and/or the application of these conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting themselves at the same time to the legally corresponding judges and courts.

Terms of sale and online reservations

1- General conditions:

The present sale conditions are strictly applied to all the sales of products and/or services carried out in Spain, including the Canary Islands and the Balearic Islands by the provider, (PORTOSUB – Leopoldo Leiro González, Spanish ID Card 76.933.625-M) bound for either physical and legal persons.

Any requests made to PORTOSUB Diving Shop necessarily implies by way of essential condition, determining and indispensable, the unreserved acceptance by the client of PORTOSUB’s general selling conditions in force on the day in which the corresponding request takes place. In addition, the customer acknowledges that the acceptance of the present conditions implies the application of these to the request they are meant for, as well as to any later requests, with the exception of those cases in which new conditions may be brought to their attention by PORTOSUB. The fact that PORTOSUB does not resort in any given moment to any of the present conditions cannot be interpreted as nor equated to renouncing the right to resort to them either in the future or in the past.

Applicable law and competent jurisdiction. The interpretation and the execution of the conditions, as well as all acts that may be a consequence of them will remain submitted to Spanish law, unless any public provisions exist to the contrary.

All prices published in PORTOSUB are in euros and are valid with the exceptions of misprints. All  prices displayed include VAT. This is indicated on the page with the shopping cart before processing definitely your request.

The offers on products for sale in PORTOSUB will be shown in the “Offers” section or will be indicated on the product’s sheet and, unless otherwise indicated, will be valid as long as they are shown on screen.

3- Different payment methods

In formulating the request, the customer can freely choose to pay any and all purchases made in PORTOSUB through:

  • Bank transfer
  • Online TPV RedSys

4- Product/service:

The offers submitted by PORTOSUB are valid within the limit of the available supplies. PORTOSUB reserves the right to modify the range of products depending on the difficulties imposed by its suppliers.

The photographs, graphic designs and descriptions of the products offered for sale are merely illustrative and do not obligate the PORTOSUB seller in any way.

5- Return policy and cancellations

Once a customer has hired a service from PORTOSUB, this cannot be returned except when duly justified.

All refunds may be carried out through communication via e-mail: buceo@portosub.es or via telephone (+34) 607083551.

To submit any complaints related to the refunding of PORTOSUB’s hired services, please direct your reasons to this e-mail address: buceo@portosub.es. We will respond to your requests as soon as possible and contact you to resolve the issue.