The present document (together with all the documents mentioned herein) establishes the conditions which apply to the use of this web site and the purchase of products on the site (henceforth the “Conditions”).
We ask you to carefully read these conditions before using the web site. By using this web site or making a purchase on the site, you agree to be bound by these Conditions and therefore, if you do not agree to these Conditions, you should not use this web site. These Conditions may be modified at any time. It is your responsibility to read these conditions periodically given that the Conditions existing at the time of the use of the web site or the establishment of a contract, will be those applied.
The present General Conditions of Sale are established between:
1. For the first part Miquel Màrtir Caixas, as a owner of OSO KOA Registered Trademark, with registered address at c/. Rasa 37, 08358 Arenys de Munt, Barcelona, Spain, with registered fiscal number NIF 77606212A and that operates on this web site with the denomination Oso Koa (henceforth, The Company).
2. And, for the second part, any person who makes a purchase order (henceforth The Client).
The content and services on this web page are uniquely addressed to those persons that have no jurisdictional nor legal restrictions to accessing the same.
On using this web page and/or making purchase orders you commit to:
1.Use this web page only for consultation or to make legally valid orders.
2.Not to make any fraudulent or false order. If we have reason to believe that this is the case we are authorised to cancel the order and inform the pertinent authorities.
If you do not supply the Company with all the information needed, we cannot serve your order.
On placing and order through this web page, you declare that you are 18 years of age and have the legal capacity to enter into contractual obligations.
The articles offered through this web site are available for their delivery to the address indicated on your order, whatever their final destination.
The present General Conditions of sale have a s their objective the definition of the modes of sale between the Client and Oso Koa. From the placing of the order, delivery and payment , and after sales service.
The information contained within present Conditions the and the details contained on this page do not constitute an offer of sale, but an invitation to contract a service. No contract exists between you and ourselves in relation to any product until such time that your order has been expressly accepted by ourselves. If your order is not accepted and some charge has been made to your account, the amount will be returned to you in total. To place an order you have to follow the online purchase procedure and click on “Authorise payment”. Following this, you will receive a confirmation of reception email confirming your order(Order Confirmation) .
Bear in mind that this does not indicate acceptance of your order, given that this indicates of an offer made by yourself to us for the purchase of one or more articles. All orders are subject to our acceptance, of which you will be notified by email informing you that the product is being delivered (Confirmation of Delivery). The contract for the purchase of a product between you and ourselves (the Contract) will be formalized only when we send the Confirmation of Delivery.
Only those products stipulates in the Confirmation of Delivery will be subject to the Contract.
All orders for products are subject to their availability. To this end, if there are difficulties relating to the supply of a product or the product is out of stock, the Company reserves the right to offer information about substitutes of equal or superior quality and price that you may order. If you do not wish to order these substitute products, any amount you may have paid will be reimbursed.
Oso Koa reserves the right to withdraw any article or modify the material or content of this web page at any time. Although we will do everything possible to always comply with orders, exceptional circumstances may oblige us to reject an order after the Confirmation of Order has been sent, for which reason we reserve the right to do this at our own volition. The Company will not be responsible before you or any third parties for exercising the right to withdraw any product from this site, whether or not this product has been sold, nor for the withdrawal or modification of any material or content from the web site, nor for the rejection of any order after the Company has sent the Order Confirmation.
Without prejudice to that stated in clause 7 above, with respect to the availability of products, and except when exceptional circumstances exist, we will attempt to fulfill the order corresponding to the product/products detailed within each Order Confirmation before the date of delivery that is stated on the Order Confirmation in question or, if no delivery date is specified, within 15 days from the date of Order Confirmation.
From the moment of reception of the articles, any risks that apply to the articles is the e responsibility of the Client/Purchaser.
The client acquires the ownership of the products at the time that the Company receives payment in full of the amounts due, including the cost of delivery or at the moment of their delivery (as stated in the previous clause), if this does not take place until a later date.
The price of each product will be that stipulated on the web site, except in the case of manifest error. Although we make every effort to ensure that all prices shown on the web site are correct, errors may occur. If an error is discovered in the price of any article that you have ordered, we will inform you as soon as possible and we will give you the option of re-confirming or cancelling your order. If we are unable to contact you, the order will be considered cancelled and we will reimburse the amount that has been paid. The Company is not obliged to supply any product at an incorrect lower price (even if the Delivery Confirmation has been received), if the error in the price is obvious and could have reasonably been recognised by you as such. The prices shown on the web page include the relevant taxes. To each order a delivery cost is added to the total amount payable as shown in the section Delivery Costs. The prices may change at any time, but, (except in the case of that established above) the possible changes will not affect orders for which the Company has sent a Delivery Confirmation. Once you have made your purchases, all the articles that you wish to buy are added to the shopping cart, the following step will be to place the order and effect payment. To do this:
1. Click on the Shopping cart button at the top of the page.
2. Check the order
3. Click the button “Finalize the purchase”
4. Complete the form and check the contact details, purchase details and the delivery address and invoicing
address are correct.
5. Choose the form of payment: credit card or PayPal.
6. Introduce the details of your credit card or follow the instructions to pay by your PayPal account.
7. If you have chosen pay by credit card, Click on “Authorise Payment”
You can make payment with the cards Visa, Visa Electron, MasterCard and American Express. In order to minimise the risk of unauthorised access, the details of your credit card are encrypted. Once we receive your order, we will make a pre-authorisation check to ensure it has sufficient funds to complete the transaction. The charge to your card will be made at the time your order leaves our store. When you click on “Authorise Payment” you are confirming that the card is yours. The data is transmitted under
the ‘https’ protocol, using encryption based on SSL/TLS,specific to the transmission of information that is confidential in character.
Credit cards are subject to checks and authorisations by their issuing entity, and if the issuing entity does not authorise payment, we will not be responsible for any delays or lack of delivery and we cannot formalize any contract with you.
In accordance with article 68 of the Law 37/1992, of 28th December, relating to Value Added Tax, the delivery of articles will be understood to be within territory to which Spanish VAT is applied if the address for delivery is within Spanish territory or the EEC, with the exception of the Canary Islands, Ceuta and Melilla and non EU countries. The rate of VAT applied will be that legally existing at the time
of application and in function of the type of article. Deliveries to the Canary Islands, Ceuta and Melilla and non EU countries will be exempt from VAT according to article 21 of the Law 37/1992, without prejudice to the application of the corresponding taxes and duties , according to the existing legislation applicable to these territories.
All returns can be made within a maximum period of 10 days from the reception of the order. All justified returns and/or exchanges made within this time limit are without cost.
13.1. LEGAL RIGHT TO CANCEL THE PURCHASE
In accordance with the existing legislation, if you are contracting as a consumer, you can cancel the Contract at any time within the period of 10 days from the date of delivery of your order, with no penalisation and without having to indicate your motives. The client will be responsible for any costs occurring as a consequence of cancellation, and for any deterioration of the product.
Only being the case of defective products, the Company will refund the price paid for the mentioned products, being responsible for the direct costs of the return of the product.
The client can exercise their right to cancel the contract in any form admitted by law, being considered validly exercised said right through the sending of a document of cancellation facilitated by ourselves or by the return of the products.
This disposition does not affect other consumer right recognised under existing laws.
Further to the user’s and consumer’s legally recognised right to cancellation mentioned above, the Company grants a maximum period of 10 days from the reception of the goods for their refund. In the case of returns the amount of your payment for the returned goods will be reimbursed.
You should exercise your right to cancellation through the sending of a document of cancellation facilitated by ourselves or by the return of the products.
Your right to cancel the Contract will be exclusively applied to those products that are returned in the same condition as you received them. Please return the article using or including its original packaging. All product instructions, documents and wrapping must be included. In all cases, you must include with the product the receipt which you received on delivery of the product, correctly filled in. No reimbursement will be made if the product has been used apart from a simple opening of the product, nor if the product has suffered any damage, for which reason you must treat the product with care while it is in your possession.
Exchanges may only be made for the same article in a different colour or size.
Returns may be made by Courier or transport service which we will send to your address in case of defective items.
You should contact us through our return request so that we may arrange collection from your address. The product should be returned in the same packaging as it was received, as per the instructions that you will find in the “RETURNS” section of this web page .
Oso Koa does not apply any additional cost to returns in the Spanish territory. From abroad, the return costs will be borne by the customer. The original shipping costs will not be refunded.
If you have any doubts, please contact us through our email address email@example.com.
13.3. RETURN OF DEFECTIVE PRODUCTS
If at the time of delivery you consider that the product does not comply with that stipulated in
the Contract, you should contact us immediately through our email address firstname.lastname@example.org indicating the product details and the defect you consider it has. The Company will examine the returned product in detail and will communicate to you by email, within a reasonable period of time, whether we will return or substitute the product (if applicable). The return or substitution of the article will be made as soon as possible, and in any case within 10 days of the date from which we sent the email confirming the return or substitution of said article. The amounts paid for those products returned for defects, if this is indeed the case, will be reimbursed in total, including delivery expenses produced by the return of the article. The return should be made using the same form of payment as used for the purchase. This does not affect your rights under existing legislation.
Except where expressly stated to the contrary in the present Conditions, the responsibility of the Company in relation to any article purchased on our web page to the purchase price or said article.
Given the open nature of this web page and the possibility that errors may possibly occur in the storage and transmission of digital data, we cannot guarantee the precision and security of the information transmitted or obtained from the site unless in the case where the contrary is expressly stated on the web site. All descriptions of products, information and material that figure on this page are supplied truthfully, but with no express guarantee of the same. Within the application of the law, we expressly exclude all guarantees, except those that may not be legitimately excluded under the rights of the consumers and users. What is disposed in the present clause will not affect your legal rights as a consumer or user, or your right to cancel the Contract.
All rights of exploitation are reserved.
This web site is governed by Spanish Law and is protected by the national and international legislation covering intellectual and property rights.
The intellectual property rights to all the information contained in this site, graphic design, drawings, logos, images, indexes, source codes etc. Are the property of Oso Koa except that content that belongs to third parties, from whom the Company has been granted licence to use.
All proprietary industrial and intellectual rights on this web site are legally reserved and access to the same or their utilization by users, should in no way be considered, as the granting of any license of use or rights over any asset belonging to Oso Koa or its legitimate authors.
The reproduction, copying, distribution and/or transformation put into the public domain, and any other activity that may be carried out using the information contained within this web site, together with its design and the selection and form of presentation of the material included in the same, whatever the objective be and whatever media be used to such end, without the express consent of Oso Koa or its legitimate author, is expressly prohibited.
The user of the web site must abstain from, in all cases, any removal of or alteration to, the avoidance of or manipulation of any element of protection or security system that may be installed in the site.
For this reason, all the elements of the present web site, visual or auditory, including all underlying technologies, are protected by the copyright of authorship, brands or patents.
You must not make any malicious use of this web site through the intentional introduction of virus, trojans, worms logic bombs or any other programme or material that is technologically damaging or badly intentioned. You will not attempt to gain access to this web site, the server on which it is housed or any other server, computer or database related to our web site. You commit to not attacking this web site through a denial of service attack or a distributed denial of service attack.
Non-compliance with this clause could result in being taken before the pertinent infractions commission under the existing legislation. The Company will inform the relevant authorities of any non-compliance with the relative legislation and will cooperate with them in identifying the identity of any attacker. At the same time, non-compliance with the present clause will result in the user being immediately disqualified from using this web site.
The links that can be found on this web site may take the user to other places and web sites managed by third parties, over whom Oso Koa does not exercise any type of control. This being the case, Oso Koa will not be held responsible for the content nor the state of said web sites, and access
to the same through this web site does not imply that Oso Koa recommends or approves of their content.
Whosoever uses this web site does so at their own volition and risk. The user of this web site, through their access to the same, obliges them to use it in a way that is completely in accordance with the laws governing, and use of data traffic and will respond before the Company or third parties, for any damages or prejudice that may be caused as a result of their non-compliance with this obligation.
Oso Koa. Will not be responsible for any damages derived from the use of this web site, nor from any action against the database or information contained herein.
The creator of this web will also not be held responsible for any damage to computers/software or of any other type that may occur to the users, through visiting the contents of the web site. For this reason, Oso Koa, does not guarantee the absence of virus or other malicious software that may cause damage or alterations to the operating system from the electronic documents or user files on this site. As a consequence Oso Koa will not be held responsible for any prejudice or damages that could be caused to the user or third parties.
The regulations applicable states that part of the information or communications that we send you is in written form. Through the use of this web site, you accept that the majority of these communications with Oso Koa. Be electronic communications. The Company will contact you through electronic mail or will facilitate information by uploading notifications on to the site. To contractual ends, you consent to the use of this electronic means of communication and recognise that all contracts, notifications, information and other communications that we send to you in electronic form comply with the legal requirements for written communications. This condition does not affect you legal rights.
The notifications that you send to us should preferably be through our contact email address email@example.com. In accordance with the previous clause, and except where stipulated to the contrary, we may send you communications by email or to the postal address facilitated by you at the time of making your order. It will be understood that notifications have been received and have been correctly made at the same time as they are uploaded to our web page, 24 hours after having sent an email or tree days after the franking date for any letter. In order to prove that the notification was made it is sufficient , in the case of a letter, to show that the address was correct, it was correctly franked and that it was correctly deposited to the post office or letterbox, and in the case of an email, that it was sent to the email address specified by the receiver.
The Contract is equally binding both for you and Oso Koa. You may not transmit, cede, or in any other way transfer a Contract or any of the rights and obligations derived from the same to your favour or by you, without having the our previous express written consent. Oso Koa may transmit, cede, claim, subcontract or by any either means transfer a Contract or any or the rights or obligations derived from the same, at any time during the validity of the Contract. In order to avoid any possible doubts, said transmissions, cession, claims, or other transfers will not affect your rights, in any case, you have as a consumer that are recognised in law or annul, reduce, or limit in any other way the guarantees, both expressed and tacit, that we may have granted to you.
The Company will not be held responsible for any non-compliance or delay of any obligations assumed under the cover of a Contract, the cause of which is due to situations outside of our reasonable control (Force majeure).
The causes of “Force Majeure” include any act, event, lack of actions, omission or accident that are beyond the reasonable control of the Company.
It will be understood that during the period during which the cause of Force Majeure continues our obligations derived from the Contract will be suspended, and that the Company will dispose of an extension of the time period to comply with said obligations, equal to the period of time of duration of the cause of Force Majeure.
The failure by the Company to require the strict compliance with the obligations assumed by you under the terms of the Contract or the present Conditions or the failure to exercise on our part on the rights or actions derived under the Contract or Conditions that may correspond to us, does not imply any renunciation or limitation in relation to said rights or actions and will not exonerate you from complying with said obligations.
No renunciation by the Company of any specific right or action will imply a renunciation of other rights or actions derived from the Contract or Conditions.
No renunciation by the Company of any of the present Conditions or of any right or action derived from the Contract will become effective until such time as the renunciation is expressly established and formalized, and is communicated to you in writing in accordance with the Notifications clause above.
If any of the present Conditions or part of the Contract were to be declared null or void by the definitive resolution by the competent authority, the remaining terms and conditions will remain in existence, and will not be affected by said declaration of nullity.
The present Conditions and all documents to which express reference is made to the same, constitute the integral agreement existing between you and Oso Koa in relation to the object of the Contract. You and the Company recognise having consented to the drawing up of the Contract and any prior declaration or promise made by the other party or from which any declaration or document discussed previous to the Contract is without relevance, except when this is expressly mentioned in the present Conditions. Neither you nor the Company will have recourse to action against any uncertain declaration made by the other party, whether oral or written, dated previously to the date of the Contact (except in the case where said declaration was fraudulently made) and the only recourse against the other party will be for failure to comply with the terms of the Contract, in accordance with that expressed in these conditions.
Oso Koa has the right to revise and modify the present Conditions at any time.
You are subject to the existing policies and conditions at the time you use the web page or at the time of placing an order, except when under the law or by the decision of governmental organs changes must be made of retroactive character to said policies and Conditions, in which case, any possible changes would also affect any previous orders placed by you.
The use of our web site and the purchase contracts for products made through the site will be governed by Spanish legislation. In the case of any dispute arising from or related to the use of the web pages or with said contracts will be submitted to the non-exclusive jurisdiction of Spanish courts and tribunals.
If you are contracting a purchase as a consumer, nothing in the present clause will affect your rights as recognised by the existing legislation.
COMMENTS AND SUGGESTIONS
Your comments and suggestions will be gratefully received. We ask you to send us your comments and suggestions through our email firstname.lastname@example.org .