Terms and Conditions

Welcome to the Terms & Conditions page of https://oceanmanswim.com. This document will help you understand how you can use our Website and what you can expect from us.

Table of contents

1. Introduction
2. Terms of Use
3. Terms and Conditions of Sale

Introduction

These Terms govern:

1. the use of this Website, and
2. any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

This Website is provided by:

Identity: Oceanman Open Water, S.L.CIF: B42546408Postal address: Pol. Ind. Las Atalayas, Avd. Antigua Peseta 136 L12 – 03114 – AlicanteTelephone: 966 37 60 02

Owner contact email: info@oceanmanswim.com

By accessing or using this Website, you agree to be bound by these Terms.

 

Terms of Use

This Website provides information about swimming events organized by Oceanman Open Water S.L. and allows Users to register for such events, purchase merchandise through the online shop, and subscribe to the Owner’s newsletter.

Users agree not to use the Website in any way that violates applicable laws or regulations, attempt to gain unauthorized access to the Website, its servers or related systems, interfere with or disrupt the proper functioning or security of the Website, or copy, reproduce, distribute or otherwise exploit the Website’s content or Websites for commercial purposes without the Owner’s prior written consent.

The Owner reserves the right to take appropriate technical or legal measures to protect the proper functioning and security of the Website, including restricting access to certain functionalities, blocking access from specific sources, or canceling event registrations where a User’s conduct is reasonably believed to violate these Terms.

Event Registration and Additional Rules

Registration for swimming events organized by the Owner may be processed through a dedicated event registration platform. During the registration process, Users may be required to review and accept additional event-specific rules, participation conditions, safety requirements, and liability provisions applicable to the relevant event. These event-specific rules form part of the agreement between the participant and the Owner with respect to participation in the event.

In the event of any conflict between these Terms and the event-specific rules accepted during the registration process, the event-specific rules shall prevail with respect to matters relating to participation in the event,

Content on this Website

Unless where otherwise specified or clearly recognizable, all content available on this Website, including text, images, logos and other materials is owned by or licensed by the Owner. The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Website. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, without prior permission.

Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Newsletter Sign-up

If you subscribe to our newsletter, you consent to the collection and processing of your personal data as described in our Privacy Policy.

You may unsubscribe at any time by following the instructions included in the newsletter emails.

 

Terms and Conditions of Sale

Paid Products

Some of the Products and Websites provided on this Website are offered for payment, including events registrations and merchandise. The fees, duration and conditions applicable to the purchase of each Product are described below and in the dedicated sections of this Website.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.

While Products on this Application are presented with the greatest accuracy technically possible, representation on this Website  through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

• Users must choose the desired Product and verify their purchase selection.
• After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
• In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
• Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application.

All payments are independently processed through third-party Websites. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of this Application to learn more about the data processing and Users’ rights regarding their data.

If a payment through the available methods fails or is refused by the payment Website provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Shipping

Deliveries are made to the address indicated by the User during checkout. Delivery times and costs depend on your location, order value, and chosen shipping method.

Spain

Free Shipping - Orders over €50

Delivery: 24-72h in Peninsular Spain, 3-5 business days for Balearic Islands, Canary Islands, Ceuta, and Melilla.

Standard Shipping €7.50 - Orders under €50

Delivery: 24-72h in Peninsular Spain, 3-5 business days for Balearic Islands, Canary Islands, Ceuta, and Melilla.

 

Europe (excluding Cyprus & Malta)

Free Shipping - Orders over  €80.

Delivery: 4-6 business days

Standard Shipping €13.90 - Orders under €80.

Delivery: 4-6 business days

 

Cyprus & Malta

Standard Shipping  €50

Delivery; 4-6 business days

 

Rest of the World

Free Shipping - Orders over €150

Delivery: 40-72 business hours

Standard Shipping €36.90 - Orders under €150

Delivery: 40-72 business hours

Note: For deliveries outside the European Union, the User may be required to pay customs duties, import taxes, or other charges imposed by the destination country. These costs are the sole responsibility of the User.

 

Failed delivery

The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to any carrier arranged by the User and not offered or recommended by the Owner.

If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.

Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.

Returns & Refunds

We want you to be fully satisfied with your purchase. If you need to return a Product, your rights depend on your location, but we will always aim to make the process as simple as possible.

Right to Cancel or Withdraw

As a consumer, you may cancel or withdraw from your purchase within the legal period applicable in your country:

• European Union: You have 14 days from the day you or a third party designated by you (other than the carrier) take physical possession of the goods to withdraw from the contact for any reason, without giving any justification.
• Other countries/international users: You may have statutory rights under your local consumer protection laws depending on your country of residence. If such rights exist, they apply; please contact the Owner via email to request a withdrawal or return.

To exercise your rights, simply send us a clear statement indicating your intention to cancel, either via e-mail or using our contact form. The withdrawal is respected if you send your notice before the end of the applicable period.

Returning Goods

Unless we have agreed to collect the goods, please return them to us or hand them over to a person we authorize within the legal withdrawal period applicable to your country:

• EU & UK consumers: You are responsible for paying the return shipping costs only if the Product is returned for reasons other than a fault, defect or incorrect delivery. If the Product is damaged, defective, or incorrectly sent, we will cover the cost of return shipping.
• Brazilian consumers: We will cover the cost of return shipping in all cases.

Returned items must be in their original condition, including packaging, accessories, and documentation, so we can verify the Product’s condition. You are only liable for any reduction in value caused by handling the item beyond what is necessary to check its nature, characteristics or functionality.

Refunds

Once we receive and inspect returned items, we will refund your payment using your original method within 14 days of receiving your notice of withdrawal or receipt of returned goods, whichever is later.

Guarantees

We ensure that the goods you purchase meet the quality and conformity requirements mandated by law in your country:

• European Union (EU) Consumers: You benefit from a 2-year legal guarantee of conformity, covering goods that are faulty, damaged or not as described at the time of delivery. Your national law may provide additional protections.
• United Kingdom (UK) Consumers: You have the rights to receive goods that conform to the contract at delivery.
• Brazilian Consumers: Non-durable goods have a 30-day legal guarantee, and durable goods have a 90-day legal guarantee starting from delivery.
• Other international consumers: You may be entitled to statutory guarantees under your local consumer protection laws.

We may also offer voluntary or contractual warranties in addition to these legal rights. Where applicable, the scope, duration, and instructions for claiming these warranties will be clearly indicated with the Product.

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User from the date communicated to Users onwards.

Continued use of the Website will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Website and may terminate the Agreement.

Previous versions of the Terms remain applicable to agreements and transactions concluded before the changes. Users may request a copy of prior Terms from the Owner.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Governing law

These Terms are governed by the laws of Spain. However, if the User is a consumer residing in another country, mandatory consumer protection laws of that country may apply.

Amicable dispute resolution

Users are encouraged to the Owner who will try to resolve them amicably.

This does not affect any legal rights to take action in the courts  or through amicable dispute resolution channels.