TERMS AND CONDITIONS
It is important that the USER carefully reads the following General Conditions of Use of the Web and Sale of Products, so that he/she is correctly informed and accepts both the conditions of access and navigation through the web pages of OEMIT and the terms and conditions that regulate the acquisition of the products offered by OEMIT
Hereinafter, ´the PROVIDER´.
1. GENERAL CONDITIONS OF USE OF THE WEB SITE
Website access and registration
In order to carry out the purchase of products on the website, it is necessary that the Users previously register by filling out the forms provided for this purpose, with the required and mandatory data. It is a requirement to register, to be over 18 years old. The USER assumes that his/her USER account is personal and non-transferable. Every registered USER will have a personal and non-transferable access password. The USER may modify or recover this password at any time, following the procedure provided on the website. This password will remain in the PROVIDER´s systems in encrypted form to ensure its conservation and prevent unauthorized access by third parties. The USER is obliged to immediately notify the PROVIDER of any fact that allows the improper use and/or access to the account. As long as the USER does not communicate these facts to the PROVIDER, the latter shall be exempt from any liability that may arise from an improper use of the same by unauthorized third parties.
Termination of an account
Conditions applicable to links
All contents on this Website are property of the PROVIDER, although, in case of links or hyperlinks to other websites managed by third parties, outside the PROVIDER, the PROVIDER cannot guarantee the content or information contained in third party websites accessible through these links, nor the correctness of their content; consequently, the PROVIDER is exempt from any liability for damages of any kind that may arise from the use of the same. However, if the USER has effective knowledge that the activities carried out through these websites are illegal, he/she must inform the PROVIDER, who will proceed to disable the link.
Links on other web pages to the PROVIDER´s Website
The PROVIDER allows the information available on the Website, and which is not subject to prior registration, to be accessible to Users, although its commercial exploitation or exploitation for advertising purposes is strictly prohibited. It is also forbidden to reproduce, distribute, transmit, adapt or modify, with any tool or by any means, neither the contents of this Website nor its design. Access to the Website by minors is prohibited. If a minor accesses the Website and/or registers on it, the PROVIDER shall presume that such access has been made with the prior and express authorization of their parents or legal representatives, without prejudice that the PROVIDER may carry out the checks it deems appropriate. The PROVIDER is not responsible for the veracity of the registration data provided by the USER. The USER undertakes and is solely responsible for the adequacy, truthfulness and accuracy of the information provided to the PROVIDER.
The USER shall be solely responsible for accessing or using the Website for illegal or unauthorized purposes, and among others it is forbidden for the USER to carry out the following activities:
- Use the Website for the installation or publication of viruses or harmful programs or files.
- Use the Website in a way that may cause damage, interference or malfunction of the SUPPLIER´s computer systems.
- Breaking the security and/or authentication measures of the Website and/or any network connected to it.
- Registering under a false identity, impersonating third parties and/or performing any activity that may mislead other Users as to the original identity of a message.
- Use the Website to collect personal data from other Users.
- Prevent the proper development of an event, contest, promotion or any other activity that the PROVIDER decides to carry out through the Website.
- Saturate the infrastructure of the Website or the PROVIDER´s systems or networks, as well as the systems and networks connected to the same.
- Use the Website in a way that may violate good faith, the law, morality or public order.
Any of the actions carried out by the USER in this sense shall entitle the PROVIDER to exercise the appropriate legal actions to defend its rights and to delete and/or block the USER´s account, without the USER being able to request any compensation for it.
Responsibilities and warranties for the use of the Website
The PROVIDER declares that it has adopted all necessary measures that the state of the art and its possibilities allow it, to ensure the proper functioning of the Website, and to reduce system errors and ensure maximum security to Users, but cannot guarantee the damages caused to the USER by any person who violates the conditions that the PROVIDER establishes on its Website and/or the technical security measures. The PROVIDER does not guarantee to the USERS the usefulness or performance of the contents of its Website. The PROVIDER does not guarantee, if applicable, the legality, reliability, truthfulness and usefulness of the contents provided by third parties to its Website, guaranteeing it only with respect to the contents published on its Website.
Intellectual and industrial property rights
2. GENERAL TERMS AND CONDITIONS
The PROVIDER, informs that the formalities to carry out the acquisition of products and / or obtain the provision of the services offered, are those described in these general conditions, as well as those other specific ones that are indicated on screen during navigation, so that the USER declares to know and accept such procedures as necessary to access the products and services offered on the Website. All information provided during the contracting process will be stored by the PROVIDER, so that the USER may, upon request made in writing or by e-mail, request information regarding the operations carried out by him/her within the previous 6 months. Any modification and/or correction of the data provided by the USER during the navigation shall be made according to the indications included in the Website.
2.1. OBJECT OF THE CONTRACT
This contractual document contains the General Conditions whose purpose is to regulate both the provision of information and the commercial relations arising between the PROVIDER and the third party Users of the Website (´Client or Customer´), who acquire the products offered through the same, although it is not possible to contract any product without prior acceptance of these General Conditions. These Conditions shall remain published on the website available to Customers for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER, without prior notice, by publishing such modifications on the Website so that they may be known by Customers, always before visiting the Website or acquiring any goods and/or services offered. It is the responsibility of the Customers to read them periodically, since those that are in force at the time of placing orders will be applicable. In any case, if the modifications negatively affect access to or use of the digital content or its use by the Customer, the Customer will be informed in a clear and understandable manner, and will have the right to terminate the subscription in accordance with the provisions. All acquisitions of products purchased through the Website, after identification and authentication through the USER name and password provided, shall be considered validly made by the CUSTOMER and shall be binding. The acquisition of products through the Website implies the acceptance as CUSTOMER, without reservations of any kind, of each and every one of these General Conditions, as well as, where appropriate, of the Special Conditions, which may exist in relation to the acquisition of certain products, the CUSTOMER will be exclusively responsible for the custody and proper use of passwords. The realization of orders by a minor who falsifies the information and registration, will be understood to be made under the supervision and authorization of their parents or legal representatives. The acceptance of this document implies that the CUSTOMER:
- Has read, understand and comprehend the above.
- The language in which the contract has been drafted and will be executed is English
- Is a person with sufficient capacity to contract.
- Assumes all obligations set forth herein.
These conditions shall have an indefinite period of validity, and shall remain in force for as long as they are accessible through the Website, and shall be applicable to all purchases made through the Website, without prejudice to any special conditions that may apply to the purchase of products.
2.3. ACCESS TO THE WEBSITE AND ELECTRONIC CONTRACTING PROCESS
The access and consultation of the catalog of products and/or services published on the Website is free and free of charge, not being necessary the registration of the Users. Similarly, in order to initiate the process of contracting the products and / or services displayed on the Website. Any of the parties may terminate or suspend this contractual relationship unilaterally at any time and without any cause other than their will in this regard, in accordance with the provisions of these General Conditions. The CUSTOMER may unilaterally exercise the right of termination through the account cancellation process. Likewise, the PROVIDER and the Point of Sale reserve the right to cancel the USER name and password, and therefore the access to the Website, of those Users who maintain debit or unpaid balances in the Point of Sale.
2.3.1. Products offered on the Website
All products and/or services will be offered through the Website and the PROVIDER will indicate the brand, model, images, description, technical specifications, availability of the product, full price, discounts or financing options, as well as the availability of home delivery or in-store pick-up and may offer other related or recommended products. In the event that the on-line Channel or the Point of Sale does not have stock of any of the requested product/s, the PROVIDER, through its on-line Channel or Point of Sale, shall inform the CUSTOMER of such situation, proceeding to refund, without undue delay, the sums paid for such product/s or exchange it for another product, at the CUSTOMER´s choice.
2.3.2. Electronic contracting procedure
Any product from our catalog can be added to the shopping cart. In the shopping cart, you will see the items, the quantity, the price and the total amount. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered. The shopping baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides. From the shopping cart you can place an order following the next steps for its correct formalization:
a) Validation of the shopping cart: the USER, once the selection of the products and/or services he/she wishes to purchase is completed, must validate his/her shopping cart, which will show the products and/or services selected, the number of units, the price of the same, the delivery time and the shipping costs. Similarly, you must select the delivery method: home delivery, delivery at a point or store delivery (only available for the store located at carrer Pirineus, 9, Celrà, Spain).
b) Verification of invoicing data: the USER, once the shopping cart has been validated, must provide the PROVIDER with the invoicing and shipping data for the products and/or services, and must expressly accept, by checking the corresponding box, the present Contracting Conditions. If you do not check the acceptance box, the Website will not allow you to proceed with the contracting process.
c) Selection of the payment method: the USER, once he/she has provided the billing and, if applicable, shipping information, must select the payment method he/she wishes to use. If the USER, has chosen either of the two means of cash payment will be redirected automatically by the system to the online payment platforms of the corresponding banks.
d) Acceptance of the Legal Conditions: the customer must click the accept button, which expressly accepts these general conditions, before proceeding to the payment of the product. He/she must also accept the Privacy Conditions and the Cookies policy.
e) Click on the button to finalize the order.
f) Confirmation of the order.
The PROVIDER will send to the CUSTOMER within 24 hours from the moment of the effective payment of the purchase by the CUSTOMER, an email in which a summary will be provided, with all the characteristics of the sale and purchase made, confirming the completion of the order, its status and the approximate date of shipment and / or delivery. This email will be considered ´Proof of Purchase´, and the CUSTOMER must print it on paper in order to be able to collect the Product or Products purchased at the Point of Sale when the CUSTOMER has chosen the mode of withdrawal of the Product. In case of selecting the mode of delivery in store, the USER must select the specific store where he/she wishes to pick up the product. In this case, all orders and purchases made through the Website are subject to the effective availability of stock of the Products once you go to pick them up at the Point of Sale that has been indicated when placing the order or at the time when the expedition of the same is prepared for shipment.
2.4. PRICE AND METHOD OF PAYMENT
2.4.2. Forms of payment
Once the products have been decided and saved in the cart, the CUSTOMER agrees to start the purchase process and payment of the price. The PROVIDER is responsible for the economic transactions and enables the following ways to make the payment of an order: credit/debit cards, Klarna, PayPal, Apple Pay, Google Pay and Scalapay. The payment methods offered may vary depending on the country of destination. Once the Customer has added all items to the cart and has already selected the shipping service, all available payment methods for their destination country will be displayed. The PROVIDER has partnered with Adyen y Mar Payments Services S.L. to ensure maximum security in payments and the prevention of fraud and non-payment. If the security department suspects any anomaly or fraud, the PROVIDER reserves the right to cancel the transaction for security reasons. For online payments made by credit/debit card, the PROVIDER uses the ´Secure Socket Layer´ (SSL) security system, which makes it possible to encrypt banking information on the network. In addition, the credit card information is not recorded in any database, but goes directly to the bank´s POS (Point of Sale Terminal). In order to offer Klarna´s payment methods, in the payment process Tradeinn Retail Services S.L. may pass the Customer´s personal data in the contact form and order details to Klarna, so that Klarna can evaluate whether the Customer can benefit from those payment methods. The transferred personal data is processed in accordance with Klarna´s privacy notice (link: www.klarna.com/international/privacy-policy/).
The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the CUSTOMER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls. The PROVIDER agrees not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage the goodwill of the same or negatively influence them. The following activities are prohibited under the card brands´ programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
2.5. SHIPMENT AND DELIVERY OF ORDERS
The CUSTOMER shall choose the place of receipt of the goods at the time of placing the order to the PROVIDER, who reserves the right to use all necessary means to deliver the products to the address indicated by the CUSTOMER. The CUSTOMER shall provide a delivery address where the shipment can usually be delivered during morning and afternoon hours. Name and ID number must be included in the signature of the reception. It will be possible to track the service through the link that will be sent by email to the CUSTOMER once the order has been confirmed. Once the shipments have been sent, they can be changed of address within the same area of influence of the distribution center and delivery date from the same link. A first delivery attempt will be made at the address indicated, if the CUSTOMER is absent, the CUSTOMER will be warned by SMS, email or phone call, to arrange a new delivery. If the transport agency fails to deliver in those two attempts, the shipment must be picked up at the available service center of the carrier. If after five (5) calendar days from the date of the notice, the customer has not contacted the carrier to arrange a new delivery date, the products will be returned to the PROVIDER´s warehouses, the customer will be responsible for the shipping and return costs, as well as any associated management costs. The delivery time in Spain of the order will be between 1 to 4 working days (Monday to Friday, not a holiday), once the order has been confirmed and payment has been made. For deliveries to the Balearic Islands the delivery time will be 2 to 4 working days, and for deliveries to the Canary Islands and international deliveries, the delivery time will be the one indicated in the order confirmation. If the shipment does not arrive in perfect condition and has any visible damage, it may be refused by the CUSTOMER, or may be accepted, noting on the delivery note of the content review reservation. If the damage is not visible, the CUSTOMER will have 48 hours to file the relevant claim. Claims to the transport after the dates indicated will not be accepted. The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place, due to false, inaccurate or incomplete data provided by the CUSTOMER. The risk of loss or damage shall be transferred to the CUSTOMER at the time the CUSTOMER receives the order and accepts it without reservation.
The PROVIDER shall be liable for any lack of conformity of the product that exists at the time of delivery in accordance with the provisions of South Africa and the integration of the same by the different member states where the products are supplied according to the country of residence of the consumer as established in the South Africa and on applicable law. The goods that the PROVIDER delivers or supplies to the consumer or USER shall be deemed to be in conformity with the contract when they meet the subjective and objective requirements established and applicable:
Subjective requirements :
a) Comply with the description, type of good, quantity and quality and possess the functionality, compatibility, interoperability and other characteristics established in the contract.
b) Be suitable for the specific purposes for which the consumer or USER needs them and which the consumer or USER has made known to the PROVIDER, at the latest at the time of conclusion of the contract, and in respect of which the PROVIDER has expressed its acceptance.
c) Be delivered or supplied together with all accessories, instructions, also for installation or integration.
d) Be supplied with updates, in the case of goods, or be updated, in the case of digital content or services, as established in the contract in both cases.
Objective requirements :
In addition to meeting any subjective requirements for conformity, the PROVIDER acknowledges that the goods shall meet the following requirements:
a) Be fit for the purposes for which goods of the same type are normally intended, taking into account, where applicable, any standards in force, any existing technical standards or, in the absence of such technical standards, any specific code of conduct of the industry in the sector.
b) Where applicable, possess the quality and correspond to the description of the sample or model of the good or conform to the trial or preview version of the digital content or service that the entrepreneur had made available to the consumer or USER prior to the conclusion of the contract.
c) Where applicable, be delivered or supplied together with the accessories, in particular the packaging, and instructions that the consumer and USER may reasonably expect to receive.
d) Present the quantity and possess the qualities and other characteristics, in particular with respect to the durability of the good, accessibility and functionality, compatibility and safety that are normally present in goods of the same type and that the consumer or USER may reasonably expect, given the nature of the goods and taking into account any public statements made by the PROVIDER, especially in advertising or labelling.
There shall be no liability for lack of conformity when at the time of conclusion of the contract, the consumer or USER has been specifically informed that a certain characteristic of the goods deviates from the objective requirements and the consumer or USER has expressly and separately accepted such deviation.
If the good is not in conformity with the contract, in order to bring it into conformity, the consumer or USER shall have the right to choose between repair or replacement, unless one of these two options proves impossible or, compared to the other remedial measure, involves disproportionate costs for the entrepreneur, taking into account all the circumstances.
2.9. CUSTOMER SERVICE AND AFTER-SALES SERVICE
The point of sale has complaint forms available to the Consumer in the establishment. Any complaint or query that the Customer considers appropriate or wishes to make will be answered during opening hours from Monday to Friday and will be dealt with as soon as possible (it is advisable to put a period of 48-72 hours), and can also be made by email or post to the following addresses: OEMIT PTY LTD( firstname.lastname@example.org
2.11. FORCE MAJEURE
The PROVIDER shall not be liable for any failure to perform due to unforeseen circumstances or causes beyond the control of the PROVIDER including, but not limited to, acts of God, riots, pandemics, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, lockouts or shortages of transportation, facilities, fuel, energy, labor or materials. The PROVIDER shall have no liability for possible non-performance or interruption of the Service, to the extent delayed or prevented by such causes, and for the entire period of time in question.
2.12. EXEMPTION FROM LIABILITY
The Point of Sale and the PROVIDER cannot guarantee the technical continuity of the Website, the absence of service failures or interruptions, nor that the Website will be available or accessible one hundred percent of the time. Neither can they guarantee the absence of viruses or other harmful components on the Website or on the server from which it is provided.
2.13. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions. The PROVIDER may, without prior notice, suspend or terminate the CUSTOMER´s access to its e-commerce services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set forth herein or any applicable legal provision, license, regulation, directive, code of practice or usage policies. When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the USER.
2.14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or interpreted in accordance with Spanish law in that which is not expressly established. The PROVIDER and the CUSTOMER agree to submit to the courts and tribunals of the domicile of the USER any dispute that may arise from the provision of products or services subject of these Conditions.