1. GENERAL INFORMATION
In compliance with article 10 of the Information Society and Electronic Commerce Services Act 34/2002, of July 11, the following identification details are given for the owner of the Web Site:
Ohbuyshoes, S.L. (“Odisel”) is a corporation with registered address in Cádiz (Spain), Parque Empresarial de Levante, Calle Alcalá de los Gazules, nº13. 11011 & firstname.lastname@example.org.
2. OBJECT OF THE CONTRACT
3. PRODUCT PURCHASE
3.1 How to buy Products
3.2 Availability of Products
All Orders are subject to availability of Products. In the event that, once the Order Confirmation is sent, Odisel cannot provide the requested Product for any reason, it will contact the User as soon as possible in order to report this circumstance. In this case, Odisel may:
(i) offer the User, with no increase in price, a product of similar characteristics and features to the one originally requested, provided they are consistent with the needs of the User; and/or
(ii) offer the User to cancel the requested Order, refunding the amount paid within (14) business days.
3.3 Refusal to process an Order
Although Odisel will always endeavour to process all Orders, there may be exceptional circumstances in which it may be forced to refuse to process an Order after having sent the Order Confirmation, and Odisel reserves the right to do this at any time at its sole discretion.
Odisel reserves the right to withdraw any Product from the Web Site at any time and to remove or modify any materials or content, and shall not be liable to the User or to any third party as a result of withdrawing any Product from the Web Site, regardless of whether said Product has been sold or not, or as a result of removing or modifying any materials or content on the Web Site.
3.4 Product Warranty
All Products contained on the Web Site are original Odisel products.
(i) They adhere to the description given by Odisel and possess the qualities of the Product that Odisel has presented to the User as a sample or model.
(ii) They are suitable for the uses normally given to Products of the same type.
(iii) They are suitable for any particular purpose required by the User when this has been reported to Odisel, provided that Odisel has accepted that the product is suitable for such use.
(iv) They have the usual quality and performance of a product of the same type that may be expected by the User, given the nature of the item.
In the event of proven Product nonconformity with the required specifications, Odisel shall where appropriate, repair, replace, reduce the price or terminate the contract, at no cost for the User.
Odisel shall not be liable for damage to the Products that may result from misuse thereof or from actions or omissions of the User that do not conform to the specifications of each Product, or for damage caused by third parties not related to Odisel.
Odisel puts great care in the presentation and description of the Products. However, the photographs of the products are presented by way of illustration. For information on the precise characteristics of each Product, the User must check the description accompanying each Product.
3.5 Delivery of Products
Once the Order Confirmation is sent, the Products will be delivered to the address specified by the User when making the Order within approximately one to seven (1-7) working days from when they leave the warehouse of Odisel.
In the case of express shippings, the delivery time will be 1/3 working days.
Odisel assumes no liability where the Product is not delivered due to the fact that the data provided by the User is false, inaccurate or incomplete or if delivery cannot be completed through no fault of the shipping company used for this purpose, like the absence of User or the retention of the Product by Customs.
Delivery times are approximate, although Odisel tries to meet them.
3.6 Delivery costs
Delivery costs include transport, insurance and customs at source. For delivery to countries not part of the EU, customs charges at destination and other taxes (duties)are not included; the recipient will have to settle these in cash in order to receive the merchandise.
The recipient shall be required to pay all import costs and custom duties at the destination, regardless of whether or not the merchandise is accepted.
The goods will be dispatched in the shortest time possible; however, the recipient should take into account the import procedures of the destination country, for which Odisel cannot be held responsible. Neither shall Odisel accept any liability for delays caused by strikes, armed conflicts or other circumstances beyond its control.
Odisel does not accept any liability for delays due to customs procedures or in the event that the local authorities decide to confiscate any part of the order
3.7 Price and payment of the Products
The prices applicable to each Product will be those published on the Web Site on the date on which the Order is placed by the User. Although Odisel tries to ensure that all prices listed on the Web Site are accurate, errors may occur. In the event that Odisel discovers an error in the price of any of the Products that a User has requested, it will inform the User as soon as possible and give him/her the option of reconfirming the order at the correct price or cancelling it. If Odisel fails to contact the User, the order will be considered cancelled and the User shall be fully refunded any amounts paid.
Odisel shall not be required to provide the User with any Product at an incorrect lower price (even if the Order Confirmation has been sent) if the pricing error is obvious and unmistakeable and could be reasonably recognized by the User as an incorrect price.
The prices may change at any time. However, any changes will not affect the Products with respect to which Odisel has already sent a Order Confirmation.
a) Form of payment
Users may pay by credit card or Visa debit, Visa Electron, MasterCard, American Express or PayPal. To minimize the risk of unauthorized access, the User's credit card details will be coded. Both if the payment is made by credit or debit card or through PayPal, the charge will be made at the time when Odisel sends the Order Confirmation to the User.
b) Value Added Tax (VAT)
The VAT rate will be the legally applicable rate at each time depending on the particular product.
4. USE OF THE WEBSITE
5. INTELLECTUAL PROPERTY
All information contained on the Web Site, including its graphic design and source code, are protected by copyright and other rights contained in Legislative Royal Decree 1/1996, of 12 April, approving the Consolidated Intellectual Property Act and other rules governing intellectual property.
These rights belong exclusively to Odisel, and as such any reproduction, distribution, transformation or public communication is expressly prohibited, as well as any transfer of all or part of the contents of the Web Site, and in general any act of exploitation of all or part of the contents (images, text, design, indexes, forms, etc..), as well as the databases and software necessary for the visualization or the functioning thereof and any object that under current legislation is protectable by intellectual property regulations.
The Users may not under any circumstances commercially exploit or use, directly or indirectly, in whole or in part, any content of the Web Site without the prior written consent of Odisel.
The authorization for the use of any content of the Web Site can be requested by writing to the e-mail address email@example.com . The provisions of the preceding paragraphs will not under any circumstances mean that Odisel assumes any liability for the content, and shall not entitle the Users or any third parties to any compensation.
6. INDUSTRIAL PROPERTY
The trademarks, trade names, signs, names, logos, slogans or any kind of distinctive sign displayed on the Web Site belonging to Odisel, and very specifically, the word “Odisel” may not be used without the prior written consent of Odisel.
7. LINKS TO THIRD PARTY WEBSITES
The links contained in the Web Site, referring to publicity or other types of content, and whose ownership or responsibility corresponds to third parties other than Odisel, are not the responsibility of Odisel, which shall under no circumstances undertake to monitor or approve the services, content, data, files, products and other material on the third party webpage or webpages. Therefore, Odisel shall not under any circumstances be liable for the lawfulness of the content of such webpage(s), and the third party is exclusively responsible for all matters concerning the content of that link, particularly for compliance with applicable law, morality, good customs and public policy. The existence of links does not imply any relationship between Odisel and the owner of the website to which the link is directed.
Odisel disclaims all liability for:
(i) The functioning of the Web Site, including cases of force majeure and any other cases beyond Odisel´s control, which is not fully operational, or possibly lacks the minimum functionality for managing the relevant service.
(ii) Any errors or security deficiencies that may arise from the use, by the Users, of an outdated browser or insecure version, as well as the activation of password or identification code conservation devices of the User recorded in the browser or for the damage, errors or inaccuracies that may result from any malfunction.
(iii) For any direct or indirect damages that may be caused by the information transmitted or communicated on the Web Site or in any electronic communications, including without limitation technical or human errors in the published data.
(iv) Damage, including but not limited to damage, loss or direct, indirect, incidental or consequential expenses arising in connection with this Web Site or the use of this Web Site or inability to use the Web Site by any party, or in connection with any failure in performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.
Although it uses its best efforts, Odisel cannot guarantee the Users access and continuous and uninterrupted use of the Web Site.