Purchase terms and conditions

1- TERMS & CONDITIONS OF USE & PRIVACY POLICY

These Terms and Conditions shall remain valid indefinitely and shall apply to all purchases made through this website.

Any person accessing this website (www.orca.com)agrees to observe and strictly comply with the provisions contained herein, as well as with any other applicable legal provisions. By browsing this website, the user acknowledges that they have fully understood and expressly accepted these Terms and Conditions, including any future amendments thereto.

The Provider reserves the right to make any changes to this website without prior notice, including modifying, removing or adding content and services, as well as changing the way they are presented or located. As these Terms and Conditions may be amended, we recommend that you review them each time you access this website.

Further information regarding the Terms of Use and Privacy Policy is available in the “Legal Notice and Terms of Use” section.

Any words capable of more than one interpretation shall be construed in the manner most consistent with the nature and purpose of this agreement. For contractual purposes, the governing language shall be the language used during the purchasing process on the website. These Terms and Conditions were originally drafted in Spanish and may be translated into other languages. In the event of any discrepancy between a translated version and the original Spanish version, the Spanish version shall prevail.

This website includes texts, graphics, images, videos, audio, drawings, photographs and software contained therein, whether or not they are protected by intellectual property rights.

 

2- WEBSITE ACCESS

Users' access to and use of this website does not imply any obligation on the part of the website owner regarding the quality or speed of access. The website owner may modify the access conditions, suspend access to the website or any part thereof, or suspend the provision of goods and services through the website without prior notice, and shall not be liable for any consequences, losses or damages arising from such modification or suspension.

The hardware and software required to purchase products through the website shall be the sole responsibility of the users. The website owner shall not be responsible for their operation or any consequences arising from their use, nor for any usage rights or licences required for their operation.

The website owner shall likewise not be liable for any anomalies, malfunctions, deterioration, deletion of data or software occurring on users' devices or systems as a direct or indirect consequence of accessing or attempting to access the website.

The service provided by the website owner through this website is offered for an indefinite period, without prejudice to the owner's right to suspend or discontinue the website at any time without prior notice.

 

3- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All content on this website, including, without limitation, texts, graphics, images, their design and any intellectual property rights that may subsist therein, as well as all trademarks, trade names and any other distinctive signs, are the property of the website owner or their respective lawful owners, with all rights reserved. All website content is duly protected by intellectual and industrial property laws and, where applicable, registered with the corresponding public registries.

Any reproduction of the content, in whole or in part, by any means or in any form, whether mechanical, electronic, reprographic or otherwise, as well as any dissemination, public communication or distribution, is strictly prohibited without the prior written authorisation of the Provider or the respective lawful owners. Any use not previously authorised by the Provider shall be deemed a serious infringement of intellectual or industrial property rights.

The Provider shall not be liable for any losses or damages arising from the use of the content by persons accessing this website, or from any breach of applicable law committed by such persons. To report any suspected infringement of intellectual or industrial property rights, or to make any comments regarding the website content, you may contact us by email at [email protected]

 

4- CONTRACT PROCEDURE

The ordering process may be completed in Spanish. In order to purchase the products and/or services offered on this website, you must first register by creating an account at www.orca.com.

You only need to register once. As this website is intended for end consumers, you must register as a natural person and not as a legal entity. To do so, you will need an email address and a personal password.

The www.orca.com website is intended for end consumers, and you may only place orders and make purchases as a natural person if you are at least 18 years of age. If you are under the age of 18, any responsibility arising from orders placed by a minor shall rest with the minor's parent(s) or legal guardian(s).

To create a user account, you must freely and voluntarily provide the personal data requested and accept these General Terms and Conditions of Purchase. Registration on the website enables you to access certain user-only areas, use specific services and purchase products offered through this website.

You will then choose a username (your email address) and a password, and you undertake to use them diligently, not to disclose them to third parties, and to notify the Provider immediately in the event of loss, theft or any suspected unauthorised access so that your account can be blocked without delay.

You undertake to maintain the confidentiality of your username (your email address) and password. The Provider shall not be liable for any misuse resulting from the user's negligence or failure to comply with this obligation of confidentiality.

You may change your password at any time by following the procedures established for that purpose. Once a new password has been created, the previous password will immediately cease to be valid as a means of identification.

The Provider reserves the right to block or cancel access for users who have outstanding debts or unpaid balances with the Provider, as well as users who engage in fraudulent or bad-faith conduct in relation to the services provided through the website. In addition, access to and use of the website may be blocked whenever the Provider considers it necessary for security reasons.

The Provider may hold users liable where misuse of the website causes damage or loss to third parties, including the introduction, generation or hosting of viruses, malware or other software that may impair or damage the website's content or proper functioning, as well as the equipment, systems and software of website users, third parties or the Provider itself.

The Provider may take action against users in respect of any claims, compensation, fines or administrative penalties imposed upon the Provider that arise directly or indirectly from the users' actions.

The Provider is firmly committed to complying with all applicable personal data protection legislation and guarantees full compliance with all obligations established therein. Taking into account the nature, scope, context and purposes of the processing, as well as the varying likelihood and severity of the risks to the rights and freedoms of natural persons, the Provider shall implement appropriate technical and organisational measures to ensure and demonstrate that processing complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation – GDPR). These measures will be reviewed and updated whenever necessary. This is without prejudice to the fact that the user expressly acknowledges that security measures on the Internet are not infallible.

In accordance with applicable data protection legislation, ORBEA S. COOP. LTDA and ORBEA DISTRIBUCIÓN ONLINE, S.L. will process the information provided by data subjects for the purpose of managing the purchases made. In order to offer products and services tailored to your interests and improve your user experience, we will create a commercial profile based on the information provided. The user expressly authorises ORBEA S. COOP. LTDA and ORBEA DISTRIBUCIÓN ONLINE, S.L. to disclose their personal data, for the purposes described above, to those transport or logistics companies whose involvement is necessary to complete the product purchase process, as well as to companies within their corporate group for the same purposes.

You may exercise your rights of access, rectification, erasure and objection by submitting a written request together with a copy of your identity document or other equivalent identification document to ORBEA S. COOP. LTDA, Polígono Goitondo s/n, Mallabia (Bizkaia), Spain, or by email to [email protected].

Once your user account has been created, please note that, in accordance with Article 27 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce, the ordering process, which will be provided by ORBEA DISTRIBUCIÓN ONLINE S.L., with whom the Provider has entered into an exclusive commercial agreement for the online sales channel of its products, will follow these steps:
 

Purchasing process:

• Once you have selected an item, simply choose your size and colour, then click the "Add to Basket" button. If you wish to remove or modify an item in your basket, you may do so by clicking the "Remove" or "Edit" link.
• With the product in your shopping basket, you may either continue adding products by selecting "Continue Shopping" or begin the checkout process by clicking the "Place Order" button.
• Follow the on-screen instructions and complete the requested information. Fields marked with an asterisk (*) are mandatory.
• Once you have entered your personal details for the order, you may complete payment using your preferred online payment method: credit card or PayPal.
• After completing your order, we will immediately send you a confirmation email containing all the details of your purchase.
• At www.orca.com, you will always have access to all your invoices as a private consumer. As soon as your order has been dispatched to the delivery address provided, you will receive an email with your invoice attached. 

Once you have completed the purchase process, you will be able to access your order summary by selecting the "ORDERS" section, where you will have the option to manage your unified return / withdrawal request through the interactive electronic system, with access to the following information:

• Order number
• Order date
• Order status
• Delivery date
• Price

 

5- ORDER DELIVERY

Orders will be delivered to the shipping address provided by the purchaser. Accordingly, the Provider shall not be liable if delivery of the product cannot be completed due to false, inaccurate or incomplete information supplied by the user, or where delivery cannot be carried out for reasons beyond the control of the shipping company.

The Provider has taken all measures expected of a diligent trader to ensure that the product is delivered within the agreed timeframe or, if this is not possible, as soon as reasonably practicable. Accordingly, the Provider shall not be held liable for any delay in delivery.

The purchaser may check the estimated delivery date of the goods through "MY ACCOUNT", under the "ORDERS" section. The estimated delivery time will be less than thirty (30) days. If the delivery period is expected to exceed this timeframe, the Provider will notify the purchaser of the revised delivery date by email.

We will notify you of any delay in the delivery of your order. However, to the extent permitted by law, we shall not be liable for any losses, costs, damages or charges arising as a result of such delay.

 

6- ITEM AVAILABILITY

All orders are subject to product availability. If supply issues arise or a product becomes unavailable, you will be informed as soon as possible. At that point, you may choose to amend your order or cancel it.

 

7- PRICE AND OFFER VALIDITY PERIOD

The prices shown for each product include Spanish Value Added Tax (VAT) and are, in all cases, expressed in euros (€). Unless expressly stated otherwise, product prices do not include shipping costs. Shipping costs will be added to the order summary before payment is completed.

The prices displayed on this website do not include customs duties, taxes or import tariffs. Orders may be subject to customs duties and/or import taxes and charges depending on the purchaser's country and the destination of the goods requested by the user. Such charges become payable when the shipment reaches its destination country. The user is solely responsible for any additional customs clearance charges; the Provider has no control over these charges and cannot predict what they may be or how they will be applied.

The prices applicable to each product shall be those published on the website and automatically applied during the final stage of the ordering process. The Provider reserves the right to modify the prices displayed on this website without prior notice. In the event of an error in the price applied, we will notify you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you regarding the pricing error, the order will be deemed cancelled and any amounts already paid will be refunded in full. Under no circumstances shall the Provider be obliged to supply the product(s) at the incorrect lower price (even if you have already received the Shipping Confirmation).

At www.orca.com, you will always have access to an invoice for your order as a private consumer. As soon as your order has been dispatched to the delivery address provided, you will receive an email with your invoice attached. As the Orca website is intended for end consumers, invoices will always be issued in the name of a natural person.

 

8- CANCELLATIONS AND RETURNS

Order Cancellation

Before your item has been dispatched, you may cancel one or more items included in your order. To cancel one or more items, log in to your account, go to the "Orders" section and click the "View Details" link for the order you wish to cancel. Once you have opened the order, select each item you wish to cancel and click the "Cancel Selected Items" button. You may then optionally select a reason for the cancellation and confirm your request.

Once you have completed the cancellation process, we will issue your refund using the same payment method used for the original purchase. The refund will be processed within 4 to 7 days from the date the cancellation was completed.

Unified Returns and Withdrawal Policy

If you wish to exchange an item for a different size or colour, you must return the original item and place a new order.

In accordance with European legislation, you have the statutory right to withdraw from your purchase within fourteen (14) calendar days from the date on which you (or a third party designated by you) take physical possession of the item. Our commercial returns policy is integrated into this same legal withdrawal process.

Products purchased as part of a promotional bundle, fixed set (looks), or purchases that qualified for a free gift based on a minimum spend or purchase threshold are subject to the special offer recalculation rules described in our "Promotions and Gifts Policy". In the event of a partial withdrawal, this may result in the adjustment of the prices to their standard retail value or the return of the promotional gift.

You may return the product within fourteen (14) calendar days of receiving it. To qualify for a full refund, the product must have been handled only to the extent necessary to establish its nature, characteristics and proper fit, as would be permitted during a normal inspection at home (without signs of use during training, outdoors or in water, and with its labels and protective packaging retained wherever possible). If the product has depreciated in value due to excessive handling (such as fingernail marks on neoprene or wear to swimwear), Orca reserves the legal right to deduct the amount of such depreciation from your refund. The direct costs of returning the goods (reverse logistics) shall be borne by the end user. Please note that products which have been clearly personalised cannot be returned.

 To return a product or exercise your right of withdrawal, please follow the instructions below:

• Log in to your account and review any of your orders in the "Orders" section, where you can return one or more items included in your order. Please note that you may only submit a return request if the order status is "Shipped".
• Select the items you wish to return and confirm by clicking the unified "Return / Withdraw from Purchase" button. Providing a reason for the return is entirely optional.
• You will automatically receive a confirmation email, which will serve as legal acknowledgement of receipt of your request. This email will include your return authorisation number. You may cut out the return number shown inside the boxed area of the email and attach it clearly to the outside of the parcel.
• Once we have received the product and confirmed its condition (or once you have provided satisfactory proof that the goods have been returned), we will issue your refund using the same payment method used for the original purchase. The refund will include both the value of the returned products and the standard outbound shipping costs paid with the original order (except in the case of a partial withdrawal, where the original delivery costs will not be refunded). The refund may take between 4 and 7 days to appear in your account.

Products Damaged During Transport 

f you notice any damage to the parcel upon delivery, please record the issue on the carrier's delivery note (for example, "parcel damaged") and return the unopened parcel to the carrier. You should also report the incident immediately to our Customer Service team by calling +34 900 670 018 or by emailing [email protected].

Incorrect Item Received

If, by mistake, you receive an item that you did not order, please email [email protected] or call +34 900 670 018.

Legal Warranty

The LEGAL WARRANTY offered by ORCA is valid for two (2) years from the date of purchase of the product.

Coverage

ORCA warrants all products that it manufactures and/or distributes against any lack of conformity for the first two years following purchase. This warranty is valid only for the original purchaser of the product. In the event of a lack of conformity, the purchaser shall be entitled to repair and/or replacement of the defective product, free of charge.

This warranty grants the original purchaser specific legal rights, which may vary from one country to another. If any provision of this warranty is inconsistent with applicable local law, the warranty shall be deemed modified to the extent necessary to comply with such law.
 

Terms & Conditions 

To make a claim under this warranty, the user must provide ORCA or the authorised dealer with a copy of the proof of purchase (purchase invoice).

This warranty does not cover normal wear and tear of the product under any circumstances.

The warranty does not apply to damage or defects resulting from negligent use. The following are examples of negligent use, although this list is illustrative rather than exhaustive:
 

•  Neoprene products:

Fingernail nicks or tears.

Damage or discolouration caused by excessive exposure to heat or sunlight.

• All products:

Deterioration caused by exposure to chlorine, pool chemicals, salt water, excessive heat, sunlight, etc.

Deterioration or loss of the garment's characteristics caused by improper use of a washing machine, tumble dryer, iron, fabric softeners or detergents.

Surface tears, abrasions or seam damage caused by normal wear and tear.

The user is responsible for maintaining the purchased product in good condition by following the manufacturer's instructions and recommendations.

Warranty Procedure

To make a warranty claim, the user should first contact the retailer from whom the product was purchased so that the statutory warranty claim can be processed through that retailer. If this is not possible, or if doing so would place an unreasonable burden on the user, they may contact another authorised ORCA dealer or contact ORCA directly via the following link, where they will receive instructions on how to process the warranty claim. In all cases, the user must provide ORCA or the dealer with proof of purchase (purchase invoice).

This warranty is subject to the assessment of our technicians regarding the nature of the product's lack of conformity following inspection of the item concerned.

If repair is not possible and ORCA decides to replace the product, ORCA will replace the non-conforming product with a similar product. If this is not possible due to stock availability, ORCA will provide another product of equivalent quality and performance. In the case of personalised products, ORCA may replace them with similar products in the current colour range where it is not possible to reproduce the original customisation.

  

9- LINKS

The Provider accepts no responsibility for external links to third-party websites or for any information contained therein that may be included on this website. Users access such content entirely at their own risk and subject to the terms and conditions applicable to those third-party websites.

The Provider reserves the right to remove any link as soon as it becomes aware that its content is unlawful or infringes the rights or property of third parties.

The use of this website's content to promote, market or distribute advertising or information, whether relating to the user or to third parties, without the Provider's prior authorisation is prohibited. Likewise, it is prohibited to send advertising or information using the services or information made available to users through this website, regardless of whether such use is free of charge or not.

Any links or hyperlinks incorporated by third parties on their own websites that direct users to this website must open the complete website only. Such links may not, directly or indirectly, contain false, inaccurate or misleading statements, nor engage in unfair or unlawful practices against the Provider.

The Provider accepts no responsibility for the reliability or speed of hyperlinks included on this website that provide access to other websites. The Provider does not guarantee the usefulness of such links and shall not be liable for the content or services available through them, nor for the proper functioning of those websites.

 

10- RIGHT OF WITHDRAWAL

ORBEA DISTRIBUCIÓN ONLINE S.L. guarantees the Customer's statutory right of withdrawal through the unified interactive function available in the customer's account under the "Return / Withdraw from Purchase" button, which processes the request through a transparent two-step procedure, or alternatively by written notification sent by email to [email protected], within a maximum period of fourteen (14) calendar days from the date on which the product is physically received.

The refund will include the full purchase price, including the initial standard delivery costs (excluding any additional costs arising from the Customer's choice of an express delivery service or a delivery method other than the standard delivery option). In the event of a partial withdrawal from an order containing multiple items where the Customer retains part of the order, the original outbound shipping costs will not be refunded, as these are charged at a flat rate per parcel. The direct costs of returning the goods shall be borne by the Customer.

The Customer shall return the products subject to withdrawal without undue delay and, in any event, no later than fourteen (14) calendar days from the date on which the Customer notifies ORBEA DISTRIBUCIÓN ONLINE S.L. of their decision to withdraw. The refund corresponding to the withdrawal shall be made within fourteen (14) calendar days from the date on which the decision to withdraw from the contract has been clearly and effectively communicated, provided that ORBEA DISTRIBUCIÓN ONLINE S.L. has already received the returned product. Otherwise, the refund may be withheld until the product has been received or until the Customer provides satisfactory proof that it has been returned.

The Customer shall be liable for any diminished value of the product resulting from handling beyond what is necessary to establish its nature, characteristics and functioning. To facilitate the standard returns process, customers are kindly requested to ensure that the item is properly protected and returned together with its labels and original packaging.

MODEL WITHDRAWAL FORM (ALTERNATIVE TEXT VERSION)

(Only complete and send this form by email if you do not wish to use the automated function available on the website.)

• For the attention of ORBEA DISTRIBUCIÓN ONLINE S.L. (Pol. Industrial Goitondo s/n, 48269 Mallabia, Bizkaia, Spain – [email protected]):
• I hereby give notice that I withdraw from my contract of sale of the following goods: [Insert description of the item]
• Ordered on / Received on: [Insert dates]
• Consumer's name and address: [Insert details]
• Signature (only if this form is submitted on paper) and date.

 

11- LEGISLATION APPLICABLE

These General Terms and Conditions shall be governed by Spanish law.

As a general rule, any disputes arising out of this contract shall fall under the jurisdiction of the courts of Bilbao. Where the Customer is a consumer, the competent courts shall be those determined in accordance with the applicable consumer protection legislation.