General conditions of purchase, forms of payment, return policy and refunds

GENERAL CONDITIONS OF PURCHASE

What follows is the exposition of the contractual document governing the acquisition of goods and services through the website www.okaaspain.com, owned by Okaaspain S.L. (hereinafter Okaaspain).

These conditions will have an indefinite validity and are applicable to all contracts made through the web site of Okaaspain S.L. www.okaaspain.com Such contracts involve the acquisition and delivery of goods and services. However, if the user is resident in the Canary Islands, Ceuta and Melilla, he/she will have to contact the OKAASPAIN sales staff, in order to correctly charge the tax peculiarities applied in those territories. If the delivery of the product is to be made in the Balearic Islands, it is possible that, depending on the selected products, the website asks you to contact a representative to handle your order.

OKAASPAIN will keep each contract including customer/user data, products purchased, payment method, delivery location and other circumstances relating to the purchase of products. In any case, the contract shall be referred to the General Conditions as regulation of the obligations between the parties.

Additionally, we inform you that these conditions will be permanently available to the website users, as well as easily accessible and for free, at the URL:

 https://www.okaaspain.com/en/info/general-conditions-of-purchase-3

The contracting procedure may only be performed in Spanish and English. If it could be carried out in any other language, it will be indicated before starting the contracting process.

OKAASPAIN reserves the right to unilaterally modify these conditions, without this affecting the goods or promotions that were acquired prior to the change.

Acceptance of this document implies that the user:

  1. Has read and understood these General Conditions of Purchase.

  2. Is a person, natural or legal, with capacity enough for contracting and meets the legal requirements to conclude the purchase contract carried out through this website.

  3. Accepts responsibility for each and every one of the obligations set forth herein, which will regulate this purchase process.

IDENTITY OF PARTIES

On the one hand, the supplier of the goods or services contracted by the User is Okaaspain S.L., registered in the Madrid Companies Registry, Section GNE, Volume 31804, Folio 85, Page 572336, CIF B86910585 and registered office in SIERRA DE GRAZALEMA, AVENUE 9, 28691. VILLANUEVA DE LA CAÑADA. MADRID * email: info@okaaspain.com, and, on the other hand,

The user, identified in the site by means of an email and password (for which he/she takes full responsibility regarding use and custody), being responsible for the accuracy of the personal data provided to the service provider.

OBJECT OF THE CONTRACT

The object of this contract is to regulate the contractual relationship between OKAASPAIN and the User at the time the latter marks the corresponding acceptance box during the online purchasing process.

The contractual relationship involves the delivery of a product or service, in exchange for a certain price, which is publicly shown through the web site.

CONTRACTING PROCEDURE

The User, after reading and accepting these general conditions, will be able to place the order for a the product through the website www.okaaspain.com

In any case, the verification of the terms of the order will be the sole responsibility of the User and the purchasing process can not start until the User has not sent the confirmation of the terms of the order (hereinafter Order Confirmation).

The user, in order to access the services offered by OKAASPAIN, must register through the website by creating a User account. To do this, the user must provide, free and voluntarily, the required personal data.

Data to access OKAASPAIN consist of: username and password, both provided by the user.

The user commits to make diligent use of these data to access the website, not to make them available to third parties and to immediately communicate to OKAASPAIN the loss or theft of your password and any possible access by a third party. In this sense, the user is responsible for the security of his/her access data.

The USER accepts the responsibility derived from all activities that take place under his/her email address and password.

The USER will be able to access his/her profile through the "My Account" and “Log in” links, which are found to the right hand side of the navigation screen.

The USER shall specially take into account the following:

  • He/she shall endeavour to use a strong password.

  • He/she must ensure that no unauthorized person can obtain the password.

  • The USER is required to change or cancel his/her password immediately if he/she is aware or suspects that someone else or a third party knows, uses or has used his/her password. If this is not possible, the USER must immediately notify to OKAASPAIN. In this case, OKAASPAIN will block the USER account and will restore it once new passwords are assigned.

Once the user account has been created, we inform that in accordance with the requirements of art. 27 of Law 34/2002 of Services of the Information Society and Electronic Commerce (Servicios de la Sociedad de la Información y del Comercio Electrónico), the contracting process will follow these steps:

  1. PRODUCT SELECTION

Product selection will be effective whenever the user clicks on the purchase icons and in which the word "Buy", "Add to cart", "Buy Now" or similar expressions will be visible.

It will be possible to make several selections of products, which will be accumulated in the virtual basket or "shopping cart"

In the upper right hand side of the navigation screen, the virtual basket or shopping cart is found, where all the necessary data for the identification of the products, which have been accumulated, will be visible.

Every time the user accesses the virtual shopping cart, a) he/she will be able to access the registration area to identify himself/herself b) he/she will be able to view and edit the billing and shipping information, c) he/she will be able to access and view the order details, update the number of units of each product, update the economic calculation, select the shipping method, select the payment method and insert the promotional code to apply the corresponding discount or promotion.

  1. PLACING THE ORDER:

  1. Shipping Details: After clicking on the "buy now" command located inside the virtual shopping cart, you will be automatically forwarded to the user login screen, where you must enter your login details in case you had not identified yourself previously. If the buyer has not registered as a user, he can do so in the registration form that will be available before completing the order.

In this step the User will have the possibility to specify the preferences regarding the shipping address, being able to choose between the billing address and other shipping address he/she may indicate at that time, if he/she has not done it before.

  1. Payment Method: The user may select the desired payment method clicking on the "Select Payment Method" link, which will forward him/her to a specific page where he/she can choose between different and valid payment methods. He/she must then click on the "Save" icon to confirm his/her choice and return to the previous screen, or on the "cancel" icon in the case the user does not want to confirm that payment method.

(More information about accepted payment methods in these Conditions of Purchase)

Once the user indicates his/her preferences, he/she shall select the command "buy now" to continue the purchase process.

  1. User confirmation:

In the confirmation screen, you’ll get a summary of the data associated to your order: delivery address, selected products, billing address, payment data, total amount accumulated in the cart, shipping costs, expenses generated by the payment method and the total price of the purchase.

The User must pay special attention to this information and ensure that the entire order matches his/her preferences, and if not he/she can make all the changes he/she considers necessary using the links that will be available according to the details he/she wants to modify.

Also, before the User Confirms the Order, he/she shall rectify any errors or inaccuracies that may exist in such order. Once the Order Confirmation is done by the User, OKAASPAIN won’t accept any responsibility for the delivery of a product with which the User does not agree, claiming an error or inaccuracy in the order, except the right of withdrawal exercised in the time and manner provided herein.

Once the user verifies the data are correct, he/she shall select the "confirm purchase" command to complete the process.

  1. Confirmation from OKAASPAIN

The user will see a message on the screen confirming that the process has been successful.

Anyway the OKAASPAIN online platform will inform the user, once the purchase procedure is completed, by sending an email to the address specified in the user profile, confirming the completion of the order, as well as the summary of the purchase.

Additionally, OKAASPAIN will keep the user up to date by sending emails about the order status according to the process: "processing", "pending confirmation of payment", "shipped", "held up", "unruly"...

ACCEPTED PAYMENT METHODS:

  1. Credit card:

No surcharge and immediate processing once the charge is accepted.

  1. Bank transfer or deposit in our bank account:

    • No surcharge. The processing of the order will be withheld until positive verification of the deposit is made. The order can be cancelled in case the deposit or bank transfer is not confirmed within 3 days from the date of order. Bank transfers shall be made in €uros and any associated fees will be in charge of the Purchaser.

  2. PayPal payment gateway:

The choice of this payment gateway implies that the user shall meet the requirements PayPal imposes on its members in order to make use of it (more information at: www.paypal.es)

  • Once the payment processing provided by the gateway is complete, the order will be processed immediately.

  • PayPal charges an extra 3,4% fee for the use of their service, quantity which will appear in your shopping cart before processing the order if you choose this payment method. When choosing PayPal you’ll be redirected to PayPal, so you can pay with your PayPal account or

with your debit or credit card in a fast and safe way, and without sharing any financial information.

  1. Cash on delivery:

    • This payment method is only allowed for the purchase of the stock available in the store. It is not accepted for orders of customized products or for orders placed by professionals.

    • This payment method has a 3% extra fee for domestic shipping and 1% for international shipping.

DELIVERY OF ORDERS

Delivery address: Once the purchase process is finished, we will send you to the specified postal address the products you purchased. Therefore, the user is responsible for providing a correct and accurate postal address. OKAASPAIN won’t accept any liability for errors in delivery or any expenses caused by problems associated with incorrect or incomplete addresses.

Delivery time: At the time of purchase, the availability of the product and the estimated delivery time are indicated.

The average delivery time of the products purchased is between 24,48 BUSINESS HOUR FOR IBERIA PENINSULA and BALEARIC ISLANDS after the order is placed, and always the order is processed before 13.00. In case it is processed after 13.00, the delivery time will be 24 working hours more, since it will leave the next working day. Business hours means (Monday to Friday except holidays) from the moment the goods are handled by the freight forwarder, depending on the delivery location. However, for reasons beyond OKAASPAIN control, the delivery time may extend. In any case, the user will be kept informed about the order status. The user is responsible for verifying that the data consigned in the shipping address are real and complete, to avoid delays and incidents in the delivery of orders.

The Delivery times specified in this website for products labelled as "upon request", "subject to availability", "upon availability check" or that are not available in our stock, can vary depending on their availability, reason why these delivery times are of an indicative nature only. In any case, if OKAASPAIN guesses that these delivery times extend excessively, the company will contact the user in order to manage and verify the delivery as well as the timing thereof.

In any case, if the delivery of the products purchased is delayed more than 15 days with regard to the estimated delivery time stated in the moment of purchase, the user can communicate this fact in writing (mail, e-­‐mail and/or fax) to OKAASPAIN and desist from purchasing. Therefore, the amounts paid by the user will be refunded.

Dispatching of the goods: The products, which integrate a single order, will be dispatched together to the customer. In case of multiple products, the joint dispatch will take place at the time all of them are available, beginning, in such case, the computation of the delivery time.

Delivery method and incidences: The final price of the product accepted by the user after completing the purchase process includes the delivery at the address designated. It includes, in particular, two delivery attempts in the user's home, being in charge of him/her the costs of failure to make such delivery after two trials and in which OKAASPAIN does not have any involvement, so the user will be responsible for receiving, on his/her own, the products purchased. After the second delivery attempt, the products purchased will be stored for 5 days in the delegation of the freight forwarder closer to the delivery address, fact which will be notified to the user by email. If during that 5 days period the products have not been collected, they will be returned to the Madrid headquarters, so the reshipment of the products shall be previously paid by the user.

Shipping rates: Before completing the purchase process, the user will be informed about the shipping rates of the products purchased, which depend on the delivery location and volume, weight and number of packages making up the order; and all according to the following variables:

https://www.okaaspain.com/en/info/faqs-8

Offers or promotions relating to the free shipping of the product, is limited to deliveries within the Spanish territory of the Iberian Peninsula, the Balearic Islands and mainland Portugal. Include weight limit

PRICE AND VALIDITY PERIOD OF THE OFFER

Price of the products: The valid price of each product to be delivered in the Spanish mainland and the Balearic Autonomous Community is published in our website, and is stated per product unit.

The price may be updated or modified by OKAASPAIN at any time without prior notice.

In any case, OKAASPAIN shall apply to the products purchased the price published in the website at the time of completing the purchase process.

Offers: The web site may include offers or promotions on certain products or set thereof, on which OKAASPAIN may change the object and conditions of the different offers without prior notice. In any case, the current offers existing at the time the products are purchased will be applied.

Errors or inaccuracies in price or conditions of products: In the case OKAASPAIN detects any error or inaccuracy in the price or any other terms of the products, the company will proceed to their immediate correction on the website. In the event the product having errors in price or any inaccuracy has been acquired by the user, OKAASPAIN will contact with him/her in order to convey the correct price or conditions of the product, so the user may continue with the checkout process by specifically accepting the new price or conditions or, conversely, he/she may cancel the purchase of the product involved and OKAASPAIN will refund the user the amounts paid by him/her.

Image and suitability of the products: The images and features of the products found in our website faithfully reflect reality. However, the manufacturer may make changes in design, or unsubstantial modifications of its components and features without such changes posing a diminishing in the quality or utility of the product. In any case, if the specific product ceases to be specifically suitable for the intended purpose which was initially described on the website, the User may exercise the right of withdrawal, which assists him.

Similarly, the images associated to each product may change, reason why OKAASPAIN is constantly working to update them. In any case, the product must be suitable to meet the intended purpose when it is purchased, according to the technical specifications stated our website.

TAXES AND BILLING

Taxes on the products: The price published for each product in our web site includes Value Added Tax (IVA in Spanish) and is valid for the Spanish territory in which it is charged.

Billing: OKAASPAIN will issue an electronic invoice for each purchase made, which will comprise all the products acquired on the same purchase process, and it will be forwarded to the email designated by the user. However, if you wish to receive a bill in paper format, please state in in the "comments" field and we’ll forward it along with the products purchased.

In any case, the bill will be issued to the person, natural or legal, who is duly credited as the holder of such registered user, the latter being responsible for the veracity of the data. The bill, whatever the form, will be closed at the same time the purchase process is completed, so that under the tax legislation, it can not be altered subsequently.

IDENTIFICATION AND CORRECTION OF POSSIBLE ERRORS

Throughout the purchase process, our systems assess its accuracy, ensuring both the unambiguous identification of the users and their crosscheck with the password designated by them, as well as the existence of long waiting processes that may cause errors.

In this sense, at the moment of registering as a user, it is required to manually enter the password, thus preventing unintended or erroneous passwords due to typing errors.

Also, during the purchase process our system, which is endowed with different routines that constantly check the accuracy of the process, debugs errors where applicable, and contrasts the user’s purchase choices with the order information. And all performing a crosscheck with the available stock of the selected product.

To this end, the amounts assigned to an order during the purchase process are specified by the customer using the unitary addition through the purchase buttons, or listed numerically in the forms intended for it, in the steps previous to the order confirmation. During the purchase process, the website will report several times about the items that the customer has added to the shopping cart, so that in case they are not desired, he/she can change them as many times as necessary and thus avoid mistakes before completing the orders.

PRIVACY POLICY AND DATA PROTECTION

Who is the Responsible for the processing of your data?

Identity of the Responsible: OKAASPAIN S.L.-VAT NUMBER: B86910585

Social address: Sierra de Grazalema Avenue, number 9. Villanueva de la Cañada. Madrid.

Email and electronic address: info@okaaspain.com

Phone number: +34 91 113 89 09

Delegate of data protection: info@okaaspain.com

DPD contact: lopd@okaaspain.com

For what purpose do we treat your data?

The data provided will be incorporated into the OKAASPAIN data files.

At OKAASPAIN we treat our user´s information to:

  • Manage the purchase-sale process of products of the site www.okaaspain.com:

The Main data processing we do for the administration and management of the online sales service of the site, also carrying out the administrative and commercial tasks that will be necessary to guarantee the preparation, collection and delivery of the products, as well as the service for sale and then post sale that may be necessary.

  • Compliance with legal requirements:

We treat the data for the fulfillment of the legal requirements establishes in the Spanish law, for example, the elaboration of our accounting books and the presentation of our taxes.

  • Communicate with our users and customers to make commercial actions:

We use the information to contact and communicate with our users and customers in order to give and answer to their question and inquires. Likewise, we send information to our customers and users, regarding our services and products, loyalty programs, news, promotions and discounts, mainly through electronic mail and other means of electronic transmission.

We also make conduct surveys and polls carried out by ourselves or by specialized consultants in order to improve our ralationship with our users and our online site.

Are profiling done?

OKAASPAIN develops user profiles based on their activity on the platform and their profile data with the purpose to improve their user experience on the site, and to offer them OKAASPAIN products, promotions and services based on this profile. Automated decisions will not be made based on user profiles.

How long do we keep your personal information?

We differentiate two types of information to carry out our data retention and cancellation data policy: (1) accounting and fiscal information, and (2) the user´s commercial relationship with OKAASPAIN.

The accounting and tax information that may arise from the relationship between OKAASPAIN and the user will be kept for 6 years for compliance with tax regulations.

The rest of user´s information, related to the activity with OKAASPAIN and its web portal will be kept and treated indefinitely, until the user requests cancellation or express his opposition to the processing data for such purposes, in which case, the Data will be blocked and kept for 3 years for the purpose of the purpose OKAASPAIN´S compliance with its obligations regarding data protection, information society and advertising regulations.

What is the legitimacy for the treatment of personal data?

The legal basis for the treatments related to the provision of the service is the execution of the contract between the user and OKAASPAIN.

The legal basis for the rest of data treatments such as commercial prospecting and user profile elaboration, is the consent that is requested to the user at the time of their registration in the site.

To which recipients will the data be provided?

They are planned the following communications, assignments and transfers of the data of the users of OKAASPAIN:

  • To the OKAASPAIN providers. Providers that provide services that by nature are necessary the access, custody or treatment of the data of users of the platform, such as : couriers, consultants, auditors, data centers, developers, etc. will have access to the data in a legitimate manner as a result of the contract for the provision of services, orders of treatment and commitment of confidentiality that they sign with OKAASPAIN.
  • Data processing outside the European Union: OKAASPAIN hires its virtual infrastructure for the storage and backup of its files according to a "cloud computing" model through specialized service providers and under the "EU-US PRIVACY SHIELD" AGREEMENT. (More information at https://www.privacyshield.gov)

What are your rights when you provide us your data?

Rights recognized in Spanish data protection law until the application of Regulation 2016/679 UE(05/25/2018):

Any user or interested party may request the exercise of their rights of access, rectification, cancellation and opposition, in the terms established in the Organic LAW 15/1999, of December 13, Protection of Personal Data and its development regulations, writing to the following address: Sierra de Grazalema Avenue, number 9. Villanueva de la Cañada. Madrid.

Rights recognized with the entry into force of Regulation EU2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, applicable as of May 25,2018.:

Anyone has the right to obtain confirmation as the whether or not OKAASPAIN treats their personal data.

Interest persons have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes that were collected.

Those interested have the right to the portability of their personal data that they have request from OKAASPAIN.

Those interested may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims.

In certain circumstances and for the reasons related to their particular situation, the interested parties may object to the processing of their data. OKAASPAIN will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims.

Interested parties have the right to file a claim with a competent Data protection control Authority.

To exercise the rights, the user may use the downloadable forms for the application of rights and send it along with the documentation proving his identity to the postal or social address indicated on the form itself.

Consent

The user, by accepting this privacy policy, gives his express consent to OKAASPAIN to carry out the treatments, communications, assignments and transfers of his personal data indicated here.

The user has the right to withdraw the consent granted for the treatment and data transfer describe here at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal.

RIGHT OF WITHDRAWAL

Recognition of the right of withdrawal: Those customers living in any country of the European Union and having the status of consumer and/or user possess the right of withdrawal, which is recognized in the current legislation, this is, to cancel the contract without having to justify that decision or suffering any penalty.

For these purposes, it is considered as consumers and/or users, in accordance with provisions of Article 3 of the Law for the Protection of Consumers and Users, "the natural or legal persons acting in a field outside a business or professional activity".

Exercise period: Within 15 working days from the receipt of the products purchased, consumers and/or users may exercise the right of withdrawal, consisting of the return of the goods purchased to OKAASPAIN. In this sense, it is understood as working day every Monday, Tuesday, Wednesday, Thursday and Fridays, which are not holidays, according to the current official calendar at the place of delivery of the goods.

Requirements to exercise the right of withdrawal: To return the product, it must be in perfect condition, new, unused, and with all the elements that make up the product (manuals, accessories, gifts, promotions, etc.). If we receive the product with the original packaging, the item could be depreciated, and the total amount to be returned it could be reduced it.

However, you can also return the products which have a manufacturing defect, or have been wrongly shipped or which do not correspond to those purchased in our website.

WE DON´T ACCEPT EXCHANGES, RETURNS AND REFUNDS IN SHOCKS AND TIGHTS FOR HYGIENE REASONS. 

Forms of return and refunds: In order to return the product, it shall be shipped to OKAASPAIN to the following address:

OKAASPAIN S.L.

SIERRA DE GRAZALEMA,9. AVENUE

28691 VILLANUEVA DE LA CAÑADA. 

Madrid (Spain)

For managing such shipping, including the shipping of returned products, please contact us by phone (911138909), or email: info@okaaspain.com. For these purposes, the return process will start once you submit us, within the period specified, the Document of Withdrawal by fax or email, along with the receipt of the products.

Along with the product, the user shall send, likewise, the Document of Withdrawal duly filled out in accordance with the model annexed to these General Conditions.

Upon receipt of the package at the OKAASPAIN headquarters, and after checking it meets the conditions to exercise the right of withdrawal, OKAASPAIN will proceed to refund you the money, within a 30-­‐day period maximum, using the same payment method with which you made the purchase. If the payment was made by making a deposit in our bank account, the User shall state a bank account in which to make the refund.

Consequences of exercising the right of withdrawal; shipping expenses: The consumer will not undergo any penalty for exercising the right of withdrawal.

The consumer shall return the product purchased to OKAASPAIN, receiving a refund of the amount paid minus the shipping costs of the returned product, excepting the consumer has paid himself/herself the return shipping. However, if the product purchased has a manufacturing defect (i) has been wrongly sent or

(ii) does not correspond to what has been purchased in our website (iii), the buyer will be fully refunded with the amount paid after verification of such circumstances, within a 30 day period.

The consumer is responsible for delivering to the carrier the product subject to return. The shipping costs incurred as a result of the return to the consumer of a wrong product sent by the consumer, will be asume by the consumer.

Exclusions to the right of withdrawal: Under the current legislation, the following purchases of products are excluded from the right of withdrawal:

  1. Contracts to supply goods whose price is dependent on fluctuations in the financial market and on which the business owner has no control.

  2. Customized or tailored products adapted for the customer: contracts to supply products tailored in accordance with customer and user specifications, or clearly customized, or that due to their nature, they can not be returned or are prone to deteriorate or expire rapidly.

  3. Contracts for the supply of audio or video recordings, discs and software which were unsealed by the consumer and user, as well as computer files, delivered electronically, that can be downloaded or played with immediate effect for permanent use.

  4. Contracts for the supply of newspapers, periodicals and magazines.

  5. Contracts for the provision of services whose performance has begun, with the consumer and user agreement, before the expiry of seven working days.

  6. Contracts for the provision of betting and lottery services.

  7. WE DON´T ACCEPT EXCHANGES, RETURNS AND REFUNDS IN SHOCKS AND TIGHTS FOR HYGIENE REASONS. 

APPLICABLE WARRANTIES

Recognition of the Warranty in favour of consumers and users: The products offered in our website have the warranty established in the General Law for the Defence of Consumers and Users (Ley General para la Defensa de los Consumidores y Usuarios), so that OKAASPAIN, as the seller of such products, will be responsible for applying it in favour of our users, as recognized by the conditions established in the current legislation.

Noncompliance of the product: The warranty will cover situations in which there is a non-­‐compliance of the product purchased, which is defined as the product not meeting the conditions laid down in Article 116 of the Law.

Warranty period: The warranty covers the products purchased by users who are both consumers and/or users, according to the current legislation, as well as the products purchased by businesspersons who work as traders, whether natural or legal persons.

The warranty period starts at the time the product is delivered to the user, and will remain valid for a period of two (2) years for consumers and users, and one (1) year for businesspersons. During the first six (6) months of that period, it is presumed that the non-­‐compliance of the product already existed at the time of delivery. The user will have to demonstrate, from the sixth month on, that the non-­‐compliance of the product has not been due to his/her actions, omissions or lack of proper maintenance.

Delivery of the invoice: At the time of claiming the exercise of the warranty to OKAASPAIN, you must submit a copy of the invoice and the delivery document of the purchased products.

Contents of the warranty: The warranty of the products purchased may consist of repair, replacement, price reduction or termination of the purchase contract thereof.

When the repair and replacement of the products were also balanced and reasonable options, both technically and economically, the user can choose between the two of them.

In any case, the repair and replacement of the product will be totally free for the user, being the total expenses necessary for the provision of the guarantee in charge of OKAASPAIN, including the shipping cost of the products, costs for parts or labour or other as necessary to achieve the compliance of the product.

The repair or replacement of the product shall be provided by OKAASPAIN in the shortest time possible, taking into account the nature or usefulness of the product, and particularly that the products under warranty may be repaired by the manufacturer thereof, so that we will manage these operations in order they are carried out as quickly as possible.

While the product is being repaired or replaced, the warranty period shall be suspended. Such suspension shall begin at the time the product is at OKAASPAIN disposal, and will remain until the repaired or replaced product is made available to the user. If defects from the same origin are repeated within six (6) months after delivery of the repaired product, OKAASPAIN will be liable for the repair, which is presumed is due to the same reason, unless it is proven otherwise.

If the product was repaired or replaced, and after its delivery it still was non-­‐compliance, the user may require us either to replace it or repair it (the option which was not carried out and provided it is not disproportionate), a price reduction or the termination of the contract, as provided by law.

Notwithstanding the previous statement, the non-­‐expendable goods can not be replaced.

The user may request a price reduction or to terminate the contract if it is not feasible to require the replace or repair of the product or if these were carried out within a reasonable time. However, the purchase contract won’t be terminated if the non-­‐compliance was minor.

In any case, the price reduction will be proportional to the difference between the value that the product would have had at the time of delivery should it had been compliant with the contract and the value that the product actually delivered had at the time of such delivery.

Warranty process: The user will have a period of two (2) months to inform us about the non-­‐compliance of the product since that was exhibited. However, after this period, the warranty will remain covering the product and the non-­‐compliance, but the user will be liable for damages generated or worsened for such a delay.

When the product is to be made available to OKAASPAIN, the user shall fill out an RMA, duly signed, and shall send it along with the product, stating the non-­‐compliance of the product. Everything will be shipped to:

OKAASPAIN, S.L.

SIERRA DE GRAZALEMA, 9. AVENUE

28691. VILLANUEVA DE LA CAÑADA 

Madrid (Spain)

When we receive the product we’ll give the user a document certifying this, stating the date and cause of non-­‐compliance alleged by the user. Likewise, along with the repaired or replaced product, we’ll give the user a dated document in which it is stated the operations carried out or that a new product is delivered.

In any case, the user may contact the manufacturer of the product purchased in our website, in order the latter takes over the warranty of the product he has manufactured, provided that, submitting the claim to OKAASPAIN it is impossible or poses an unreasonable burden, according to the user’s judgment.

Commercial warranty: Many manufacturers grant a commercial warranty for their products, which is separate and added to the warranty offered by OKAASPAIN. In such cases, we’ll inform the user if it’s necessary to apply such warranty.

Exclusions: The warranty excludes damages or non-­‐compliance of the product caused by:

  1. Improper handling by the user, hits, alterations, neglects, misuse or lack of proper maintenance of the product.

  2. Exposure of the product to extreme weather or atmospheric pressure conditions, exposure of the product to humidity or soaking, except that the technical specifications of the product stated its resistance to such conditions or it was especially dedicated to that use in such conditions.

  3. The wear due to normal use, the endoflife or depletion of the elements that form it.

  1. Products that have been affected by accidents or natural disasters, such as fires, earthquakes, floods, storms, etc.

  2. Damages caused by the action, fault or negligence of the user, such as falls, impacts, misuse, deformation of the product, improper opening of the packaging or any other form of tampering of the product.

  3. Products the user has intended for purposes other than a normal use, or that have been used in a way different to the manufacturer's specifications, producing, therefore, damages to them.

  1. Products tampered by the user or any third party, as well as those products that have been altered from its original configuration.

SPECIFICITIES OF THE SHIPMENTS TO THE CANARY ISLANDS, CEUTA AND MELILLA.

Specificities: Due to the special legal conditions that apply to the territories of the Canary Islands and the autonomous cities of Ceuta and Melilla, some parts of these General Conditions shall not apply to the shipment of products bound for those territories.

In any case, orders to the Canary Islands, Ceuta and Melilla shall be handled by our sales representatives, who will inform the user before completing the process of the special conditions that may apply.

In particular, special conditions shall apply in the following sections:

  1. Shipping costs: Due to the special legal conditions that apply to the shipment of products to the Canary Islands, Ceuta and Melilla, and the need to make the appropriate customs formalities, the shipping costs may be changed according to the various tax situations that apply each time. In any case, at the time of completing the purchase process, the user will be informed of all the shipping costs.

  2. Taxes and fees: Due to the special taxation system applied in the Canary Islands, Ceuta and Melilla, the products delivered in those territories are not taxed on the value added tax (VAT or IVA in Spanish). In this sense, the user will be informed of other taxes (such as the Canary General Indirect Tax or Impuesto General Indirecto Canario, IGIC, in Spanish), special taxes, duties or additional taxes that may be applicable, if any, and of management fees, including customs, necessary for the fulfillment of tax obligations arising from the dispatch of the merchandise.

https://www.okaaspain.com/en/info/faqs-8

APPLICABLE LAW, JURISDICTION, CLAIMS AND ARBITRATION

These general conditions are ruled by the Spanish Law. The parties submit, at their option, for the resolution of conflicts and with resignation to any other forum, to the courts and tribunals of the user's domicile. Also, as an entity adhering to CONFIANZA ONLINE and in the terms of its Code of Ethics, in case of disputes related to online contracting and advertising, data protection and protection of minors, the user may resort to the dispute resolution system of CONFIDENCE ONLINE (www.confianzaonline.es/en).

Online Dispute Resolution: According to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and OKAASPAIN, without the need to appeal to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between both. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and / or impose a solution to the conflict.

Link to the ODR platform: https://ec.europa.eu/consumers/odr/main/?event=main.home.show

Claims: Claims addressed to OKAASPAIN shall be sent to:

OKAASPAIN S.L.

CUSTOMER SERVICE:

SIERRA DE GRAZALEMA. 9. AVENUE

28691. VILLANUEVA DE LA CAÑADA- Madrid (Spain)

ANNEX - MODEL OF THE RIGHT OF WITHDRAWAL FORM

 

Attention to: Name:

OKAASPAIN, S.L., Av. Sierra de Grazalema, nº9 28691 Villanueva de la Cañada Madrid (Spain)

+34 91 113 89 09

info@okaaspain.com

 

Data of the good / benefit to be abandoned:

Order / invoice number:

Order date / invoice:

Date of receipt of the product / service:

 

Product / service description:

Consumer / user data:

First name:

NIF: Address:

Population:

Phone:

Email:

 

Right of withdrawal:

In accordance with article 68 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, I inform you that I am withdrawing from the contract of sale of the good / benefit described above, for which I would be grateful if you could contact me through the contact information provided, to notify me that this request has been made.