Information required prior to the contractual process

The present web page https://www.comounpezenelagua.com is the property of CUPEA 2010 SL with Tax ID no. B66352113 and registered address at CARRETERA DE TERRASSA, 12 2º3ª 08230, MATADEPERA (BARCELONA).
The General Contractual Terms and Conditions govern the distance selling relationship between CUPEA 2010 SL and the user or customer, in accordance with the legal stipulations, in particular, Law 7/1998, of 13 April, on General Contractual Terms and Conditions, Law 3/2014, of 27 March, which provides amendments to the revised text of the General Consumer and User Protection Law, in accordance with that set out in the current regulations in the Protection of Personal Data (RGPD), Law 7/1996, of 15 January, for the Regulation of the Retail Trade, and Law 34/2002 of 11 July, on Electronic Trade and Information Society Services.
CUPEA 2010 SL reserves the right to make any amendments it deems appropriate, and without notice, to the General Terms and Conditions. Such changes may be made via their websites in any way allowable by law, and shall be binding during the time in which they remain published on the website, and until they are modified by subsequent amendments. Nevertheless, CUPEA 2010 SL reserves the right to apply, in certain cases, Special Contractual Conditions, when it deems appropriate, which shall take precedence over these General Terms and Conditions. Due notice of these Conditions shall be given in a timely fashion.
The purpose of the website is to advertise and offer swimwear garments.
The duration of the contract will be linked to the delivery of the product, without prejudice to the right of withdrawal.
As a user or customer, you expressly declare that you are aware of, understand and accept the terms of use and these general contractual terms and conditions. Similarly, you declare that you are of legal age and have the required legal capacity to act in order to access CUPEA 2010 SL websites, and the legal capacity to enter into contracts via those websites.
In order to purchase our products, you can visit the corresponding section of our online shop.
An essential requirement for making purchases online is that you sign up as a user on the website. You can access the corresponding sign-up page on the website itself. In accordance with that established in the current regulations for the Protection of Personal Data (RGPD), CUPEA 2010 SL informs users that personal data collected during the registration process and subsequent purchase, will be saved in a file under its responsibility, in order to process said actions on the part of the user and manage subsequent business arising thereof. Moreover, CUPEA 2010 SL hereby informs users of the possibility to exercise their rights of access, rectification, cancellation and oppositions by notification in writing to CARRETERA DE TERRASSA, 12 2º3ª 08230, MATADEPERA (BARCELONA) or by email to hello@comounpezenelagua.com.

Provided we are not notified to the contrary, we will assume that your details have not been modified, that you agree to notify us if they change, and that we have your consent to use them in order to maintain our contractual relationship.
During the purchase process you shall identify yourself with the user name and password provided. This data shall not be made public. You are responsible for treating your ID and password, used when registering as a customer, confidentially and responsibly, and must not assign them to others. You can amend the recorded information at any time, via the customer area. In this same section you will have access to your order history. This section is essentially for consultation, but it may be edited: users may delete those records which they feel do not need to be displayed.
Once the purchase process is completed, the customer will receive a confirmation email. It is imperative that the user enter a valid email address during the purchase process. If you do not receive the confirmation within 24 hours of completing the order, please call CUPEA 2010 SL at the customer service number 648 16 23 99, or email them at hello@comounpezenelagua.com.
All the content of this website is in Spanish and English.
Customers, upon receipt of the product at the delivery address provided, will receive an invoice or a copy of the order form.

Como un pez en el Agua will pack the ordered products with the utmost care. At the time of delivery, the customer is invited to check the integrity and completeness of the order in the presence of the delivery person in order to Express any reservations. If the costumer has doubts about the integrity and completeness of the order, he is obliged to refuse delivery of the order and to hand over the refused order to the carrier in it’s original packaging.

The “delivery” is deemed to have taken place or the order is deemed to have been “delivered” when the costumer or a third authorised person by the custormer takes physical possession of the products, which is done by signing the acknoledgement of receipt of the order at the agreed delivery address.

Offers and Validity

When products are on offer, the offer price and its validity period will always be indicated along with their essential characteristics.
In compliance with current legislation, CUPEA 2010 SL provides information on all items for sale, including their features and prices. Nevertheless, CUPEA 2010 SL reserves the right to remove, restore or change the products which are offered on their website, simply by changing its content. In this way, the products offered on the website at any time shall be governed by the General Contractual Terms and Conditions in force at that time. Furthermore, the company shall have the authority to stop offering access to the products mentioned, without notice and at any time.

Essential Characteristics of the Products

The web pages showing products offered in our online shop contain a photograph and the essential product features; this is the information obtained from the manufacturer itself. The colour of the product, as seen in the photograph, is not binding. In the list of features, the colour is identified.

Guarantees

CUPEA 2010 SL is responsible for the non-conformities of all products offered on the website for a period of two years from delivery. CUPEA 2010 SL has an after-sales service; during the indicated period, customers may turn to CUPEA 2010 SL after-sales service establishment, by sending an email to hello@comounpezenelagua.com or by visiting the places established by the provider itself. If in doubt, customers may call the customer service number at 648 16 23 99 or send an email to hello@comounpezenelagua.com

Prices

All products show the retail price in euros and include Value Added Tax (VAT).
If any other tax were applicable, this would be indicated (IGIC or IPSI).

Transport and Delivery Costs

CUPEA 2010 SL only ships to mainland Spain, the Balearic Islands, the Canary Islands, Europe and mostly everywhere.
Delivery is free only for National territory.

Payment methods and filling orders

Customers may pay the amount due for their order in any of the following ways. During the purchase process, they should indicate their choice:
Credit Card: VISA or MASTERCARD
All operations involving the transmission of personal or banking data are performed using a secure environment, a server based on the industry standard SSL (Secure Sockets Layer) security technology. Any information customers send to us is sent encrypted over the Internet.
Furthermore, their credit card details are entered directly onto the bank’s website, onto the POS (point-of-sale terminal of the Bank), and are not entered or recorded onto any CUPEA 2010 SL server.
To pay by credit card VISA or MASTERCARD you will always be prompted for the following data: the card number, the expiry date, and a security number which coincides with the last three digits of the number printed in italics on the back of your VISA card or MASTERCARD, thereby providing more transaction security guarantees.
This form of payment is only valid on the website.
When a purchase price is paid fraudulently or unduly, using the number of a payment card, its owner may demand the immediate cancellation of the payment. In such a case, the corresponding amounts shall be debited from and credited to the accounts of the supplier and the holder, as soon as possible.
However, if the purchase had actually been made by the card holder and the reimbursement demand were not a result of having exercised the right of withdrawal or termination, and therefore, the annulment of the charge had been wrongfully demanded, the card holder shall be obliged to pay compensation to CUPEA 2010 SL for damages as a result of said cancellation.
The availability of products offered by CUPEA 2010 SL can vary depending on customer demand. Despite the fact that CUPEA 2010 SL updates its stock regularly, the product requested by the customer may be out of stock at that time. In the event of non-execution due to unavailability, CUPEA 2010 SL will notify the customer by email when it becomes aware of the situation.
The period within which this communication shall be made shall under no circumstance exceed the maximum term of 30 days. CUPEA 2010 SL may offer the dual option of: providing the customer, without any price increase, a product of similar characteristics or of higher quality, or unless CUPEA 2010 SL can present justified and demonstrable reasons to the contrary, refund the amounts paid for the cancelled order within this same period. In the event that CUPEA 2010 SL does not make this payment within the deadline, the buyer may demand payment of double the amount owed, without prejudice to their right to compensation.

Right to withdrawal, returns and claims

The buyer will have a minimum period of fourteen calendar days to withdraw, starting on the day the customer receives the product, without penalty and without indication of their reasons.
The right to withdrawal must be exercised by notifying us at the following telephone number 648 16 23 99, or by email notification to the following email: hello@comounpezenelagua.com, or by written communication to our postal address at CARRETERA DE TERRASSA, 12 2º3ª 08230, MATADEPERA (BARCELONA), or via the right to withdrawal form.
According to article 103 of Law 3/2014, dated 27 March, which amends the consolidated text of the General Law for the Defence of Consumers and Users, the supply of services or goods that are prepared according to consumer specifications or are clearly personalised, or which, due to their nature, cannot be returned or may quickly deteriorate or expire, are exempt from withdrawal.

Returns

CUPEA 2010 SL will assume the responsibility for collecting the product.
CUPEA 2010 SL may not accept exchanges or returns of used or damaged garments (provided it is not a defect). For reasons of hygiene, underwear and swimwear have a protective device that prevents them from being tried on or worn. If you wish to return these types of items, it is essential that they retain their tags and this protective device.
The customer must fill the returns form, without any undue delay, and in any event within a maximum period of fourteen calendar days from the date on which the right of withdrawal from the contract was effective. The deadline shall be considered to have been met if the customer returns the product before the deadline is reached.
The customer shall bear the costs of returning the product.
In any case, the products to be returned must be in perfect condition, unused and in their original packaging. Therefore, to avoid issues with transportation, please ensure that the package is properly protected and sealed. We will check their package(s) condition on arrival. As soon as we have confirmed that the item(s) as well as any potential components, accessories, promotional gifts and documentation are complete and in perfect condition, we will then proceed to refund the money paid.

Payment reimbursement

The amounts to be refunded to the customer will be reimbursed using the same payment methods used by the customer, as long as no other method was agreed.
CUPEA 2010 SL may withhold the refund until it has received the product, the reason for withdrawal, or until the customer delivers proof of return of the product, depending on whichever condition is fulfilled first.
In the event of unjustified delay on the part of CUPEA 2010 SL, with regards to the return of the amounts paid, the customer may claim twice the amounts paid, without prejudice to the right to be compensated for the damages suffered in excess of this amount.

Return of defective products

CUPEA 2010 SL shall bear the costs of the return.
In the event that the product is not in good condition and the causes attributable to it are not owing to the customer, the customer shall have the right to return the product by informing CUPEA 2010 SL of the reason for return through any of the means provided in these contract conditions, and at no cost to the customer. This return due to defect or poor condition of the product shall not be considered a right of withdrawal.
CUPEA 2010 SL undertakes to bear the cost of the return and to replace the product for a new one in accordance with conditions accepted at the time of sale.
If the customer wishes to present a complaint, the premises of CUPEA 2010 SL are located at CARRETERA DE TERRASSA, 12 2º3ª 08230, MATADEPERA (BARCELONA) or by email at the following address: hello@comounpezenelagua.com.
Jurisdiction
Furthermore, CUPEA 2010 SL reserves the right to begin the civil or criminal proceedings which it deems appropriate due to the misuse of its website and contents thereof, or due to the breach of these terms and conditions.
The relationship between the user and the service provider shall be governed by current legislation which applies in Spanish territory. Should any dispute arise, the parties may submit their disputes to arbitration or proceed through the regular legal channels, in compliance with the applicable rules on jurisdiction and competence. CUPEA 2010 SL has its registered offices in BARCELONA, Spain.

NEWSLETTER CLAUSE

In accordance with the provisions of the current legislation on Personal Data Protection, we hereby inform you that the email address that you have provided us will be incorporated into the processing system owned by CUPEA 2010 SL, with Tax ID number B66352113 and its registered office at CARRETERA DE TERRASSA, 12 2º3ª 08230, MATADEPERA (BARCELONA), and stored in a file for which CUPEA 2010 SL is responsible, for the purposes of processing your subscription request and to be able to regularly send you our Newsletter.
In keeping with applicable regulations, CUPEA 2010 SL informs users that their information will be kept during the necessary period in order to fulfil the aforementioned conditions
Unless we are notified to the contrary, we will assume that your details have not been modified, that you agree to notify us if they change, and that we have your consent to use them for the aforementioned purposes.
CUPEA 2010 SL hereby states that it will process the data in a lawful, honest, transparent, suitable, relevant, limited, accurate and updated manner. CUPEA 2010 SL therefore undertakes to take all reasonable measures to ensure that it will be deleted or rectified without delay when it is inaccurate.
In accordance with the rights conferred on you by the current Personal Data Protection legislation, you may exercise the rights of access, rectification, limitation of processing, deletion, portability and objection to the processing of your personal data and the consent given for its processing, by sending your request to the postal address indicated above or by writing an email to hello@comounpezenelagua.com.
Unless you do not inform us otherwise, we will understand that your data have not been modified, that you undertake to notify us of any changes, and that in accordance with article 21.1 of Law 34/2002 on information society services and electronic commerce, once your subscription request has been made, we have your consent to process your data according to the aforementioned purposes.
Likewise, we hereby inform you that you can revoke your consent, thus cancelling your subscription to the Newsletter, by sending an email to the following address: hello@comounpezenelagua.com.
You may contact the competent Supervisory Authority to submit any claim you deem appropriate
Confirmation of subscription implies acceptance of this clause.

USER WEB REGISTRATION FORM CLAUSE – WITHOUT ADVERTISING

In accordance with the provisions of the current legislation on Personal Data Protection, we hereby inform you that your data will be incorporated into the processing system owned by CUPEA 2010 SL, with Tax ID number CIF B66352113 and whose registered office is at CARRETERA DE TERRASSA, 12 2º3ª 08230, MATADEPERA (BARCELONA), for the purposes of using the Web resources to carry out the purchase of the items offered on said website. In keeping with applicable regulations, CUPEA 2010 SL informs users that their information will be kept during the necessary period in order to fulfil the aforementioned conditions.
Unless we are notified to the contrary, we will assume that your details have not been modified, that you agree to notify us if they change, and that we have your consent to use them for the aforementioned purposes.
CUPEA 2010 SL hereby states that it will process the data in a lawful, honest, transparent, suitable, relevant, limited, accurate and updated manner. CUPEA 2010 SL therefore undertakes to take all reasonable measures to ensure that it will be deleted or rectified without delay when it is inaccurate.
In accordance with the rights conferred on you by the current Personal Data Protection legislation, you may exercise the rights of access, rectification, limitation of processing, deletion, portability and objection to the processing of your personal data and the consent given for its processing, by sending your request to the postal address indicated above or by writing an email to hello@comounpezenelagua.com
CUPEA 2010 SL undertakes to use the data collected through this form solely for the aforementioned purposes.
The interested party declares to have knowledge of the destination and use of the collected personal data by having read this clause.
We hereby inform you that you can revoke your consent to receive commercial mail by sending an email to the following address: hello@comounpezenelagua.com.
You may contact the competent Supervisory Authority to submit any claim you deem appropriate.
□ I have read and I accept all the conditions detail above.

USER WEB REGISTRATION FORM CLAUSE – WITH ADVERTISING

In accordance with the provisions of the current legislation on Personal Data Protection, we hereby inform you that your data will be incorporated into the processing system owned by CUPEA 2010 SL, with Tax ID number CIF B66352113 and whose registered office is at CARRETERA DE TERRASSA, 12 2º3ª 08230, MATADEPERA (BARCELONA), for the purposes of using the Web resources to carry out the purchase of the items offered on said website. In keeping with applicable regulations, CUPEA 2010 SL informs users that their information will be kept during the necessary period in order to fulfil the aforementioned conditions.
Unless we are notified to the contrary, we will assume that your details have not been modified, that you agree to notify us if they change, and that we have your consent to use them for the aforementioned purposes.
CUPEA 2010 SL hereby states that it will process the data in a lawful, honest, transparent, suitable, relevant, limited, accurate and updated manner. CUPEA 2010 SL therefore undertakes to take all reasonable measures to ensure that it will be deleted or rectified without delay when it is inaccurate.
In accordance with the rights conferred on you by the current Personal Data Protection legislation, you may exercise the rights of access, rectification, limitation of processing, deletion, portability and objection to the processing of your personal data and the consent given for its processing, by sending your request to the postal address indicated above or by writing an email to hello@comounpezenelagua.com
In addition and in keeping with Article 21 of Law 34/2002, of June 11, on Information Society Services and Electronic Commerce (LSSI-CE), we also request your express consent to send you publicity on our products or offers that we think may be of interest to you, whether via email or by any other equivalent means of communication.
□ I have read and am willing to receive publicity or promotional information from CUPEA 2010 SL.
□ I have read and am not willing to receive publicity or promotional information from CUPEA 2010 SL.
CUPEA 2010 SL undertakes to use the data collected through this form solely for the aforementioned purposes.
The interested party declares to have knowledge of the destination and use of the collected personal data by having read this clause.
We hereby inform you that you can revoke your consent to receive commercial mail by sending an email to the following address: hello@comounpezenelagua.com.
You may contact the competent Supervisory Authority to submit any claim you deem appropriate.

ELECTRONIC INVOICE CLAUSE

In accordance with the provisions of the current legislation on Personal Data Protection, we hereby inform you that your data will be incorporated into the processing system owned by CUPEA 2010 SL, with Tax ID number B66352113 and its registered office at CARRETERA DE TERRASSA, 12 2º3ª 08230, MATADEPERA (BARCELONA), in order to facilitate, attend to and meet the commitments established between the two parties. In keeping with applicable regulations, CUPEA 2010 SL informs users that their information will be kept during the necessary period in order to fulfil the aforementioned conditions.
Unless we are notified to the contrary, we will assume that your details have not been modified, that you agree to notify us if they change, and that we have your consent to use them for the aforementioned purposes.
CUPEA 2010 SL hereby states that it will process the data in a lawful, honest, transparent, suitable, relevant, limited, accurate and updated manner. CUPEA 2010 SL therefore undertakes to take all reasonable measures to ensure that it will be deleted or rectified without delay when it is inaccurate.
In accordance with the rights conferred on you by the current Personal Data Protection legislation, you may exercise the rights of access, rectification, limitation of processing, deletion, portability and objection to the processing of your personal data and the consent given for its processing, by sending your request to the postal address indicated above or by writing an email to hello@comounpezenelagua.com
Likewise, we hereby inform you that you can revoke your consent to receive the electronic invoice by sending an email to the following address: helll@comounpezenelagua.com.
You may contact the competent Supervisory Authority to submit any claim you deem appropriate ELECTRONIC INVOICE CONSENT CLAUSE
We inform you that acceptance of this invoicing method implies the sending of the invoice to the email address provided. CUPEA 2010 SL shall provide the subsequent invoice via this method unless you indicate otherwise.
You may in any case revoke your given consent at any time to receive the electronic invoice by sending an email to the following address: hello@comounpezenelagua.com.

RIGHT OF WITHDRAWAL FORM CLAUSE

In accordance with current regulations for the Protection of Personal Data, we inform you that your data will be added to the processing system owned by CUPEA 2010 SL, with Tax ID no. B66352113 and registered business address at CARRETERA DE TERRASSA, 12 2º3ª 08230, MATADEPERA (BARCELONA), in order to attend to your right of withdrawal in accordance with Law 3/2014, of 27 March, which amends the revised text of the General Law for the Protection of Consumers and Users and other complementary legislation, approved by Royal Legislative Decree 1/2007, of 16 November.
In keeping with applicable regulations, CUPEA 2010 SL informs users that their information will be kept during the necessary period in order to fulfil the aforementioned conditions
Unless we are notified to the contrary, we will assume that your details have not been modified, that you agree to notify us if they change, and that we have your consent to use them for the aforementioned purposes.
CUPEA 2010 SL hereby states that it will process the data in a lawful, honest, transparent, suitable, relevant, limited, accurate and updated manner. CUPEA 2010 SL therefore undertakes to take all reasonable measures to ensure that it will be deleted or rectified without delay when it is inaccurate.
In accordance with the rights conferred on you by the current Personal Data Protection legislation, you may exercise the rights of access, rectification, limitation of processing, deletion, portability and objection to the processing of your personal data and the consent given for its processing, by sending your request to the postal address indicated above or by writing an email to hello@comounpezenelagua.com
You may contact the competent Supervisory Authority to submit any claim you deem appropriate
The submission of this form constitutes the formalisation of your right to withdraw, and consequently, the discharge of the obligation to execute the contract concluded between the parties. Once your request has been processed, CUPEA 2010 SL will send you an acknowledgement of receipt using the communication channel which you indicate on this form. We remind you that it should be retained as evidence of your exercise of your right to withdraw.

WITHDRAWAL FORM TEMPLATE (WEB FORM)

CUPEA 2010 SL may include in its website the following withdrawal form with the minimum content indicated:
WITHDRAWAL FORM

Date

Received order/ service

Name of the interested party

Address of the interested party

Email

Other methods of contact

In accordance with the current regulations for the Protection of Personal Data, we inform you that your data will be added to the processing system owned by CUPEA 2010 SL, with Tax ID no. B66352113 and registered business address at CARRETERA DE TERRASSA, 12 2º3ª 08230, MATADEPERA (BARCELONA), in order to attend to your right of withdrawal in accordance with Law 3/2014, of 27 March, which amends the revised text of the General Law for the Protection of Consumers and Users and other complementary legislation, approved by Royal Legislative Decree 1/2007, of 16 November.
In keeping with applicable regulations, CUPEA 2010 SL informs users that their information will be kept during the necessary period in order to fulfil the aforementioned conditions
Unless we are notified to the contrary, we will assume that your details have not been modified, that you agree to notify us if they change, and that we have your consent to use them for the aforementioned purposes.
CUPEA 2010 SL hereby states that it will process the data in a lawful, honest, transparent, suitable, relevant, limited, accurate and updated manner. CUPEA 2010 SL therefore undertakes to take all reasonable measures to ensure that it will be deleted or rectified without delay when it is inaccurate.
In accordance with the rights conferred on you by the current Personal Data Protection legislation, you may exercise the rights of access, rectification, limitation of processing, deletion, portability and objection to the processing of your personal data and the consent given for its processing, by sending your request to the postal address indicated above or by writing an email to hello@comounpezenelagua.com
You may contact the competent Supervisory Authority to submit any claim you deem appropriate
The submission of this form constitutes the formalisation of your right to withdraw, and consequently, the discharge of the obligation to execute the contract concluded between the parties. Once your request has been processed, CUPEA 2010 SL will send you an acknowledgement of receipt using the communication channel which you indicate on this form. We remind you that it should be retained as evidence of your exercise of your right to withdraw.

WITHDRAWAL FORM TEMPLATE (DOWNLOADABLE OR PAPER FORMAT)

CUPEA 2010 SL may provide the user in a free and accessible manner with the following withdrawal form with the minimum content indicated. The user must fill it in and send it to the entity so that it may be kept as acknowledgement of receipt.
WITHDRAWAL FORM

CUPEA 2010 SL
CARRETERA DE TERRASSA, 12 2º3ª 08230, MATADEPERA (BARCELONA)
648 16 23 99
hello@comounpezenelagua.com
I hereby declare that I withdraw from the sales contract for the following product/service:
Received order/ service

Name of the interested party

Address of the interested party

Email

Other methods of contact

Date and place

Signature of the person concerned

In accordance with the current regulations for the Protection of Personal Data, we inform you that your data will be added to the processing system owned by CUPEA 2010 SL, with Tax ID no. B66352113 and registered business address at CARRETERA DE TERRASSA, 12 2º3ª 08230, MATADEPERA (BARCELONA), in order to attend to your right of withdrawal in accordance with Law 3/2014, of 27 March, which amends the revised text of the General Law for the Protection of Consumers and Users and other complementary legislation, approved by Royal Legislative Decree 1/2007, of 16 November.
In keeping with applicable regulations, CUPEA 2010 SL informs users that their information will be kept during the necessary period in order to fulfil the aforementioned conditions
Unless we are notified to the contrary, we will assume that your details have not been modified, that you agree to notify us if they change, and that we have your consent to use them for the aforementioned purposes.
CUPEA 2010 SL hereby states that it will process the data in a lawful, honest, transparent, suitable, relevant, limited, accurate and updated manner. CUPEA 2010 SL therefore undertakes to take all reasonable measures to ensure that it will be deleted or rectified without delay when it is inaccurate.
In accordance with the rights conferred on you by the current Personal Data Protection legislation, you may exercise the rights of access, rectification, limitation of processing, deletion, portability and objection to the processing of your personal data and the consent given for its processing, by sending your request to the postal address indicated above or by writing an email to hello@comounpezenelagua.com
You may contact the competent Supervisory Authority to submit any claim you deem appropriate
The submission of this form constitutes the formalisation of your right to withdraw, and consequently, the discharge of the obligation to execute the contract concluded between the parties. Once your request has been processed, CUPEA 2010 SL will send you an acknowledgement of receipt using the communication channel which you indicate on this form. We remind you that it should be retained as evidence of your exercise of your right to withdraw.

CUPEA 2010 SL must provide a valid email in order to exercise the right of withdrawal or any other type of lasting communication.