General Terms and Conditions of Purchase

Sales contracts concluded through the website medusea.es between the business owner and the consumer will be governed by the following General Terms and Conditions of Contract.

Acceptance of this document implies that the user:

  1. Has read, understands, and comprehends the content herein.
  2. Is a person with sufficient legal capacity to contract.
  3. Assumes all obligations set forth herein.

These conditions shall have an indefinite period of validity and will apply to all contracts made through the SELLER’s website.

The SELLER reserves the right to unilaterally modify these Conditions, without affecting goods or promotions acquired prior to such modifications.

1. Identity of the Parties

On the one hand, the seller of the goods is MEDUSA ACUARIOS S.L., with registered office at CALLE 106 12, 46182 LA CAÑADA DE PATERNA (VALENCIA), Tax ID B42830216, and email info@medusea.es

On the other hand, the user, who registers on the website through the designated form and provides the required personal data, which they are fully responsible for using and safeguarding, ensuring the accuracy of the information given to the SELLER.

2. Object of the Contract

The purpose of this contract is to regulate the sales relationship established between THE SELLER and THE BUYER at the moment the BUYER accepts the relevant checkbox during the online contracting process.

The sales relationship implies the delivery, in exchange for a publicly stated and fixed price on the website, of a specific product or service.

For the purposes of these conditions, the activity carried out by THE SELLER via the website includes the sale of jellyfish, aquariums, and related accessories.

Access to, navigation on, and use of the website confers the status of USER, and from the start of navigation, all conditions herein are accepted, as well as any future amendments, without prejudice to applicable mandatory legal regulations.

THE BUYER assumes responsibility for the proper use of the website. This responsibility includes:

  • Using the website only for legitimate inquiries and valid purchases.
  • Not making any false or fraudulent purchases. If such purchases are reasonably suspected, they may be cancelled and reported to the competent authorities.
  • Providing accurate and lawful contact details.

THE BUYER declares to be over 18 years of age and to have the legal capacity to enter into contracts through this website.

In the case of minors under 18, legal capacity must be evidenced through written authorization signed by parents or a legal guardian.

For underage or legally incapacitated users, use of the website is the full responsibility of their parents, representatives, or legal guardians. They must accompany, supervise, or take appropriate precautions during the child’s navigation of the website. As such, as legal guardians, they are responsible for ensuring that minors access services, products, or content appropriately. Therefore, they are encouraged to provide supervision or take the necessary precautions.

The website is intended for all consumers without discrimination based on nationality, place of establishment, or residence. THE SELLER guarantees that the website complies with the legislation of the Spanish State.

3. PURCHASE PROCESS

The information about our products (including descriptions, quantities, and prices) does not constitute an offer. It is an invitation for you to make a purchase request for our products. The agreement will only be considered valid once your request is accepted. Acceptance is at our discretion and depends, among other factors, on the availability of the requested products and/or services, the quantities, the coherence of prices, and stock availability.

You must follow the online purchase and/or acquisition process, during which several products can be selected and added to the cart, basket, or final checkout area.

Likewise, THE BUYER must fill in and/or verify the information requested at each step, although during the purchase process, and before making payment, purchase data can be modified.

To proceed with the purchase, it is not necessary to create an account. The forms to be filled out concern billing information, shipping address details, and, once the payment method is selected, entering the necessary information to proceed with the payment.

Once the purchase process is completed, THE BUYER will receive an email confirming the order within no more than 24 hours.

Likewise, once the purchase process is completed, THE BUYER consents to the website generating an electronic invoice which will be sent by email. THE BUYER may also, if desired, obtain a paper copy of the invoice by requesting it at info@medusea.es

THE BUYER acknowledges being aware, at the time of purchase, of certain specific sales conditions relating to the product and/or service in question, which are displayed next to the product’s presentation or image on the website, indicating, for example but not limited to, depending on each case: name, price, components, weight, quantity, color, product details or characteristics, the manner in which services will be provided, and their cost.

In accordance with Article 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the following steps are indicated to complete the purchase process:

Step 1:

Access the website

To place an order, you must access the website.

Step 2:

Fill the shopping cart

To proceed with the purchase of products, THE BUYER must add the desired product to the cart, following the on-screen instructions. Check stock availability beforehand.

Prices and offers presented on the website are valid exclusively for online orders.

Step 3:

Validate the purchase

Fill in the order forms provided (Billing details, Shipping type, Delivery details, Payment method, and Order) and validate the purchase.

Step 4:

Payment

Select the payment method and complete the transaction via the appropriate payment gateway.

Step 5:

Confirmation email

Once the purchase has been completed, and as soon as possible—always within 24 hours of purchase—THE SELLER will send THE BUYER an email receipt with the product’s characteristics, price, shipping methods (if applicable), purchase date, and estimated delivery of the contracted product or service.

If you disagree with the information provided in this confirmation, you may request a correction or cancellation of the contract.

4. AVAILABILITY

All purchase orders received through the website are subject to the availability of the products and/or the absence of any force majeure circumstance affecting their supply.

If any difficulties arise regarding the supply of products or if the products are out of stock, THE SELLER commits to contacting THE BUYER and either refunding any amount that may have been paid for the purchase or arranging the delivery of the product at a new date.

5. LANGUAGE

The contract will be formalized in Spanish. If it is to be carried out in another language, it will be indicated prior to the start of the contracting process.

6. CONTRACT STORAGE

Communications, purchase orders, and payments involved in transactions made through the website may be archived and stored in the computerized records of THE SELLER in order to serve as proof of the transactions, in compliance with reasonable security conditions and applicable laws and regulations—particularly Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights, Law 34/2002 of July 11 on Services of the Information Society and Electronic Commerce, and Royal Legislative Decree 1/2007 of November 16 approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

You may access the electronic contract within your session on the website or by sending an email to customer service.

7. PRICE AND PAYMENT

The product price is the current price at the time and date of your request and is shown next to each product in the online store. We strive to ensure that the prices displayed in our store are accurate.

The prices shown include the legally applicable Value Added Tax (VAT) and are listed in euros.

Prices may change at any time, but such changes will not affect any orders or purchases for which THE BUYER has already received an order confirmation.

Under no circumstances will the website automatically add additional costs to the product price, except for those that THE BUYER has voluntarily and freely selected.

Unless otherwise specifically indicated, the prices do not include any shipping costs, which will be added to the total amount due at the time THE BUYER proceeds with the shipping process. There, THE BUYER can review available shipping methods and costs and freely choose the most convenient one.

THE SELLER uses all available means to ensure the confidentiality and security of payment data transmitted by THE BUYER during transactions on the website. As such, the site uses a secure SSL (Secure Socket Layer) payment system.

8. PAYMENT METHODS

The accepted payment methods are:

  1. PayPal: If PayPal is selected as the payment method, the charge will occur when THE SELLER sends an order confirmation for the purchase of the products to THE BUYER.
  2. Bank Transfer: Purchase orders with bank transfer as the chosen method will be reserved for 5 calendar days from the order confirmation, to allow enough time for the transfer to be processed. Once received, the order will be prepared and shipped. THE BUYER must ensure the exact amount, bank account, and reference number are entered correctly. Otherwise, THE SELLER will not be able to validate the order and it will be cancelled.
  3. Cash on Delivery: THE BUYER must select this method during checkout and complete the purchase. THE SELLER may contact THE BUYER to validate the order before proceeding. Payment will be made in cash upon delivery. THE BUYER must have the exact amount, as the courier is not obliged to provide change. THE SELLER reserves the right to suspend this method for customers who have not met the necessary requirements in previous orders.
  4. SEQURA Payment Platform: By selecting this method and providing their details in the order, THE BUYER will be charged by Sequra 7 days after placing the order—enough time to ensure the order is received without issues.
  5. Virtual POS 3D Secure: This is the most secure card payment system, as it authenticates the cardholder using a secret password provided by the bank. This password is known only by the customer and can usually be requested online. For more details, customers should contact their bank.

Important: Our website only accepts payments with credit cards that support 3D Secure. THE BUYER will need to have a virtual 3D Secure password provided by their financial institution. This system ensures that only the cardholder can make purchases, making fraudulent use of the card online virtually impossible and guaranteeing the full security of the transactions.

9. SHIPPING

In cases where physical delivery of the contracted goods is required, deliveries will be made within Spain and Europe.

Estimated delivery times are as follows:

  • Shipments to mainland Spain: 24 hours
  • Shipments to the Canary Islands: 72 hours
  • International shipments outside Spain: 5 business days

Except in cases of unforeseen or extraordinary circumstances, or where product customization applies, goods will be delivered within the time indicated on the website based on the shipping method selected by THE BUYER and, in any case, within a maximum of 30 calendar days from the date of order confirmation.

If, for any reason attributable to THE SELLER, the delivery date cannot be met, THE BUYER will be contacted and given the option to proceed with a new delivery date or cancel the order with a full refund of the amount paid.

If delivery proves impossible due to THE BUYER’s absence, the order may be returned to the warehouse. However, the courier will leave a notice indicating where the package is and how to arrange a new delivery.

If THE BUYER will not be present at the delivery location during the scheduled timeframe, they must contact THE SELLER to reschedule delivery.

For the purposes of these Conditions, delivery is considered completed when THE BUYER or a third party indicated by them takes physical possession of the products, confirmed by signing the receipt at the agreed delivery address.

Responsibility for the products transfers to THE BUYER upon delivery. Ownership of the products passes to THE BUYER once THE SELLER has received full payment of all amounts due, including shipping costs, or at the time of delivery if it occurs after full payment has been made.

Delivery and/or shipping services are carried out via courier or in-store pickup.

Shipping Costs:

Shipping costs depend on volumetric weight and destination.

Orders shipped within mainland Spain with a value over €390 (excluding VAT) will not incur shipping charges

10. TECHNICAL MEANS TO CORRECT ERRORS

THE BUYER is informed that, in the event they detect an error while entering the necessary data to process their purchase request on the website, they may correct it by contacting THE SELLER using the contact details provided at the beginning of these “General Terms and Conditions of Purchase.

In any case, before completing the purchase process, THE BUYER must confirm the order and will have access to the cart, basket, or space where the order summary is displayed, allowing them to make modifications at that point.

Similarly, USERS are referred to the Data Protection clause of these Terms to review how to exercise their right to rectify personal data, as established by Organic Law 3/2018 of December 5 on the Protection of Personal Data.

11. RETURNS

a) Right of Withdrawal

THE BUYER, regardless of the method chosen to exercise their right of withdrawal, must clearly and unequivocally express their intention to withdraw from the purchase contract. A model withdrawal form is provided in Annex I of these Terms, although any form clearly stating the exercise of this right will be valid.

The withdrawal period expires 14 calendar days from the day THE BUYER or an authorized third party, other than the carrier, takes material possession of the goods purchased on our website. If the items in the order are delivered separately, the period will expire 14 days from the day possession of the last item is acquired.

To meet the withdrawal deadline, it is sufficient for the communication expressing the decision to withdraw to be sent before the deadline expires.

If the right of withdrawal is exercised, the amount paid will be refunded, excluding transport costs and provided the product is in the same condition as delivered.

The refund will be made without undue delay and in any case no later than 14 calendar days from the date THE SELLER is informed of the withdrawal.

However, the refund may be withheld until the goods are received or until proof of their return is provided — whichever condition is fulfilled first.

The refund will be made using the same payment method THE BUYER used for the original transaction.

In any case, no refund will be made if the product has been used beyond simple opening, is not in its original condition, or has been damaged after delivery.

The product must be returned with all original packaging, instructions, and accompanying documents, along with a copy of the purchase invoice.

b) Live Animals

For live animals, if any death occurs during shipping, the customer must send photos and/or video clearly showing the animal inside its unopened packaging (important: once the seal is broken, we cannot be held responsible) within 24 hours of delivery in order to process the relevant claim. These should be sent to our customer service email.

The customer waives their right of withdrawal for all products identified as live beings.

The right of withdrawal includes exceptions under Article 103 of Royal Legislative Decree 1/2007, which applies to:

– Goods liable to deteriorate or expire rapidly.

– Sealed goods not suitable for return for health or hygiene reasons if unsealed after delivery.

– Goods that, by their nature, are inseparably mixed with other items after delivery.

We are not responsible for improper handling of jellyfish, nor for their condition after being placed in the customer’s aquarium.

No jellyfish claims will be accepted without a clear, uncut video or photo showing the unsealing immediately after receiving the package.

c) Return of Defective Products or Shipping Errors

If THE BUYER believes that the product received does not conform to the contract or order — either due to a defect or a shipping error — they must contact THE SELLER. THE BUYER will be informed on how to proceed with the return, and once the products are returned, they will be examined. THE USER will then be informed within a reasonable period whether a refund or replacement applies. If the returned product is indeed defective, a full refund will be issued, including shipping and return costs

The refund will be processed using the same payment method as the original purchase.

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• Email: info@medusea.es

• Phone: 664 321 599

14. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, THE SELLER shall not accept any liability for the following losses, regardless of their origin:

  • • Any loss not attributable to any breach on our part.
  • • Business losses (including loss of profit, revenue, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred); or
  • • Any other indirect loss that was not reasonably foreseeable by both parties at the time the sales contract for the products or services was formalized.

Likewise, THE SELLER also limits its liability in the following cases:

  • • THE SELLER takes all measures to provide a faithful representation of the product on the website; however, it is not responsible for minimal differences or inaccuracies that may exist due to screen resolution issues, browser problems, or similar factors.
  • • THE SELLER will act with the utmost diligence to make the product available to the transport company. However, it is not responsible for damages arising from transportation malfunctions, especially due to strikes, roadblocks, or other sector-related causes leading to delays, losses, or theft of the product.
  • • Technical failures caused by chance or other reasons that prevent the normal operation of the service via the Internet.
  • • Website unavailability due to maintenance or other causes that prevent service access.
  • • THE SELLER will use all reasonable means to complete the process of purchase, payment, and delivery/shipping of the products; however, it is not liable for causes beyond its control, including force majeure.
  • • THE SELLER will not be responsible for misuse and/or wear of products used by THE BUYER.
  • • THE SELLER is not liable for incorrect returns made by THE BUYER.
  • In general, THE SELLER shall not be responsible for any failure or delay in fulfilling any of its obligations when caused by events beyond its reasonable control, i.e., due to force majeure. This may include, but is not limited to:
    • o Strikes, lockouts, or other industrial actions.
    • o Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparation for war.
    • o Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
    • o Impossibility of using trains, ships, aircraft, motor transport, or other public or private means of transport.
    • o Acts, decrees, legislation, regulations, or restrictions by any government or public authority.

In such cases, obligations will be suspended during the period the force majeure continues, and THE SELLER will be granted an extension of time to fulfill them for a period equal to the duration of the force majeure. THE SELLER will make all reasonable efforts to find a solution that allows us to fulfill our obligations despite the force majeure event.

15. MEANS OF DISTANCE COMMUNICATION

The distance communication methods available by THE SELLER for entering into purchase contracts on this website are electronic communications (emails or notices posted on the website), which do not entail any cost to THE BUYER.

For contractual purposes, THE BUYER consents to the use of electronic communication methods and acknowledges that all contracts, notifications, information, and other communications sent electronically by THE SELLER meet the legal requirements for written communication.

Likewise, THE BUYER can contact us through the contact details listed at the beginning of these Conditions or via any contact form available on the website.

On the other hand, THE SELLER may contact THE BUYER via the email, phone number, or postal address provided during the contracting process.

No communication method is anticipated that would incur additional costs, such as premium-rate phone calls, certified mail, etc.

16. PERSONAL DATA PROTECTION

THE SELLER guarantees the protection and confidentiality of all personal, residential, payment, and any other type of data provided by our customers, in accordance with the provisions of Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 of December 5, on the Protection of Personal Data and the guarantee of digital rights.

In accordance with the above-mentioned regulations, we inform you that we process the data you have provided us for administrative, accounting, and tax management, as well as to send you commercial communications about our products and/or services. The legal basis for this processing is your consent and our legitimate interest. No data will be transferred to third parties, except under legal obligation. You have the right to access, rectify, and delete your data, as well as other rights, which are explained in further detail in our website’s privacy policy (link to privacy policy).

In case of errors in data entry, THE BUYER may use the telematic or personal resources provided in these conditions to correct them.

17. APPLICABLE LEGISLATION

These General Conditions of Contract are subject, among others, to the following legal frameworks:

    • Law 7/1996, of January 15, on Retail Trade Regulation.
    • Law 7/1998, of April 13, on General Contracting Conditions.
    • Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
    • Law 3/2014, of March 27, amending the consolidated text of the general law for the defense of consumers and users.
    • REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of February 28, 2018, on measures to prevent unjustified geo-blocking and other forms of discrimination based on nationality, place of residence, or establishment within the internal market, and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC.
    • Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce.
    • REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation).
    • Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights.

18. CODES OF CONDUCT TO WHICH WE ARE ADHERED

We inform you that we are not currently adhered to any Code of Conduct.

19. ARBITRATION

If a dispute arises from this sales contract between THE BUYER and THE SELLER, THE BUYER, as a consumer, may request out-of-court dispute resolution in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution for consumer disputes, amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC. You can access the arbitration platform through the following link:
http://ec.europa.eu/consumers/odr/

20. COMPETENT COURTS

The parties submit to the jurisdiction of the courts that are competent in each case for the resolution of any conflicts.

ANNEX I. MODEL WITHDRAWAL FORM

(You should only complete and send this form if you wish to withdraw from the contract)

formulario-desestimiento-medusea