This contractual document shall govern the purchase of products and/or services at the website www.orca.com, owned by Orbea S. Coop. By accepting this document, you state that:
a. You have read and understood the clauses contained in it.
b. You have the ability to purchase products and/or services.
c. You agree to be bound by the terms and conditions set forth in it.
The terms and conditions set forth in this document shall be valid for an indefinite period of time and are applicable to all the purchases made at this website.
Orbea Distribuciones Online, S.L. reserves the right to change or modify the terms and conditions unilaterally and without prior notice, without this affecting the purchases made and/or the promotions launched before said changes. Consequently, you must check the terms and conditions every time you make a purchase at this website.
With the purpose of guaranteeing the rights of users and consumers, these general terms are set forth in accordance with Spanish law, and in particular in Law 7/09, of 13 April, on General Contracting Conditions, Law 7/96, of 15 January, on Retail Commerce, the Civil Code, Royal Legislative Decree 1/2007, of 16 November, approving the Consolidated Text of the General Law for the Defense of Consumers and Users and other applicable laws and their enforcement regulations.
Words with more than one meaning shall be understood according to the nature and purpose of the contract. The language of reference of this contractual document shall be that used to make the purchase on the website. These terms and conditions were originally written in Spanish and then translated into other languages. Should differences in meaning and/or interpretation arise between the different versions of this document, the meanings in the Spanish version shall prevail.
This website includes texts, graphics, images, videos, sounds, drawings, photographs and software, both royalty-free and protected by intellectual property rights.
IDENTITY OF THE PARTIES
The Service Provider whose products and/or services are purchased by the user is Orbea Distribuciones Online, S.L., with registered office at Polígono Industrial Goitondo, 48269 Mallabia (Bizkaia), Spain, with tax identification number F20032348 , and customer service number +34 943 171 950.
The user purchasing products and/or services at this website is a registered user, with an associated user ID (the user's email address) and password, which they shall be held solely responsible for, and liable for the truthfulness of the personal data provided to the Service Provider.
ACCESS TO THE WEBSITE
By accessing and using this website, you understand that the website owner shall not be held liable for the quality and speed of access. Likewise, the website owner shall be able to change the conditions of access or cancel access to the website, part of the website, or to the products and/or services on offer without prior notice, without being held responsible for the damages caused by the change in the conditions of access or the cancellation.
In purchase transactions, the required hardware and software shall be provided by the user. The website owner shall not be held liable for the functioning of this website or for the consequences of said functioning, nor shall it be responsible for the rights of use or the licenses associated with the use of the website.
Likewise, the website owner shall not be held liable for any anomaly or malfunctioning of this website, or for damages and/or lost data and software that may occur on the users' hardware or systems as the direct or indirect result of having accessed or attempted to access this website.
The website owner provides services for an indefinite period of time. Said services, however, can be suspended or canceled at any time without prior notice.
PURPOSE OF THE CONTRACT
This contractual document governs all purchase transactions between Orbea Distribuciones Online, S.L. and the user of this website, as of the moment the latter checks the corresponding box.
The purchase transaction entails the delivery of a specific product and/or service in exchange for the payment of a price that shall be published on this website.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All the contents of this website, including, but not limited to, texts, graphics, images and designs, and the intellectual property rights associated with said contents, as well as all brands, trademarks and distinguishing features, are owned by the legal owners of the website or their legitimate owners. All rights are reserved with regard to them. All the contents of this website are protected by intellectual and industrial property laws, having been registered in the relevant public records.
No part of this website may be reproduced, in whole or in any part, in any form or by any means (electronic, mechanical, photocopy or any other method) or be disseminated, made public or distributed without written permission from the Service Provider or the legitimate content owners. Any unauthorized use shall be considered as a serious breach of intellectual and industrial property rights.
Access to this website does not entitle users to intellectual or industrial property rights, or to ownership of the website contents.
The website owner shall not be held liable for the damages caused by the use of the website contents by users, or for the offenses committed by said users when browsing this website.
To send your comments on compliance with intellectual or industrial property laws, or on the contents of this website, you can write an email to: email@example.com.
Orders can be placed in English.
In order to purchase the products and/or services offered on this website, you must be a registered user with an account at orca.com.
In order to place orders on this website, you must be 18 years of age or older. If the user placing the order is underage, his/her parent(s) and/or guardian(s) shall take responsibility for the transaction.
In order to create a user's account, you must enter the required personal information of your own free will and agree to the general terms of purchase. Registered users have access to restricted-access areas and services, and they can buy the products and/or services offered on this website.
In order to become a registered user, you must select a user ID (your email address) and a password. You must also undertake to use said user ID and password responsibly, without disclosing them to third parties and informing the Service Provider of their loss or theft so that they are immediately blocked.
You must also ensure that your user ID (your email address) and password are kept confidential. The user's failure to handle personal information confidentially shall not entail liabilities for the Service Provider.
You can change your password at any time, following the instructions on the website. When you create a new password, the replaced password shall no longer be valid to identify you as a user.
The Service Provider reserves the right to block or deny access to users with outstanding payments and to users committing fraud or making improper uses of the website services. In addition, the Service Provider is entitled to block access and use of this website if necessary for security reasons.
The Service Provider shall be entitled to hold users responsible for misuses of this website resulting in damage to third parties and for introducing, generating or housing on the website viruses or malware that could corrupting the website contents, affecting website functioning, or damaging the software, hardware or systems of other website users, third parties and/or the Service Provider.
The Service Provider shall be entitled to redirect claims, compensation payments, fines or administrative sanctions to the users of this website for which they are directly or indirectly responsible.
The Service Provider complies with the personal data provisions in the regulations in force, in particular, in the Enforcement Regulations of Organic Law 15/1999, taking all the technical measures required to avoid the loss, misuse, damage, unauthorized access and theft of the personal information entered by users. However, users should be aware that no security measures are completely secure on the Internet.
In compliance with Article 27 of Organic Law 34/2002, on Information Society Services and E-Commerce, after creating your user's account you must follow these steps to place an order:
– Choose your product and/or service.
– Select the product and add it to your shopping cart. Continue shopping or proceed to checkout.
– When your order is complete, enter the required information (only new customers) so that we can process your order.
– Indicate the shipping address and other information necessary to properly manage your order.
– Select your method of payment: credit card or PayPal.
– Confirm your order.
– You will then receive a confirmation email with all the details of your purchase.
After adding the selected products to your shopping cart, you can go to your order summary in your “Shopping cart”, where you will find the following information:
– Item details.
– Total purchase price.
– Shipping rates.
– Discount code (if available).
Your order will be delivered to the shipping address you provided. The Service Provider shall not be held liable for delivery failures resulting from inaccurate, incomplete or untruthful data as entered by the user, or for those orders not delivered due to circumstances beyond the company's control.
The Service Provider takes all the measures to meet delivery times or, if this is not possible, to deliver orders as soon as possible, disclaiming all liability in this respect.
To check the estimated delivery date for your order, go to your private user's area on this website. All orders are delivered within ten (10) days. In case your order requires a longer delivery time, you will be informed by the Service Provider.
We will notify you of any delay in your order. However, to the extent permitted by law, we accept no responsibility for losses, costs, damages or fees resulting from such a delay.
All orders are subject to stock availability. If the item(s) you bought are not available or cannot be supplied, you will be notified as soon as possible, so you can change or cancel your order.
You can pay for your order using a credit card (Visa or MasterCard), a debit card (4B, Maestro or Visa Electron), or PayPal credit. Select your method of payment before placing your order, when the relevant screen is shown.
After filling in your personal information to place the order, you will be able to pay for your order online, with the method of payment you selected. All the authorized forms of payment are safe, protecting the privacy of personal information in data transmission and offering securing transactions that ensure confidentiality and adequate data handling.
You will be asked to enter your credit card information alongside certain personal information, such as your name and surname(s) and/or your Personal Identification Number.
If the transaction is approved, you will get a confirmation message by email, indicating that your order is being processed.
For security reasons, no orders can be placed in excess of seven thousand pounds (£7,000). If you need to place a larger order, please contact our customer service department by email at firstname.lastname@example.org.
ITEM PRICE AND PRICE VALIDITY
The prices shown for each item include VAT and appear in Pounds (£). Unless otherwise stated, item prices do not include shipping rates. Shipping rates are added to your order before you are asked to make your payment.
The prices shown on this website do not include customs duties, fees or taxes. Orders shipped outside Spain may be subject to import taxes, customs duties and fees levied once a shipment reaches the destination country. Additional charges for customs clearance must be borne by the recipient; the Service Provider has no control over these charges and cannot predict what they may be.
The prices charged will be those published on the website for each item. They will be automatically applied during the ordering process. The Service Provider reserves the right to change the prices shown on the website without prior notice. In the event of pricing mistakes, we will let you know as soon as possible so that you can confirm or cancel your order. If we are unable to inform you of the incorrect price, your order will be canceled and you will get a full refund. However, the Service Provider is under no obligation to deliver the item(s) at an incorrect lower price, even when the confirmation email has been sent.
When you make your payment to the Service Provider, an invoice will be issued in the name of the registered user who placed the order. The invoice will be sent with your order.
For information about your order, you can contact us by email at email@example.com. Indicate your order number as shown in the order confirmation email.
Shipping rates vary depending on the country of delivery and the items purchased. You can check shipping rates in the “Shipping” section of the shopping guide.
EXCHANGES AND RETURNS
You may return the product within fifteen (15) calendar days of receipt. Returns will only be accepted if the product is in the same condition as it was delivered, unused, with its original packaging materials and labels, and accompanied by any related accessory.
To return a product, follow the instructions specified in the “Returns” section of the shopping guide.
Returns will only be accepted by Orbea Online Distributions if shipping and handling fees have been paid. Consumers and users are responsible for the direct costs associated with returning the items. If the consumer or user has expressly selected a delivery method that is not the least expensive ordinary delivery method, the Service Provider will not be required to refund the resulting additional costs.
Once we receive the product and we confirm that it is in the same condition as when it was delivered, unused, with its original packaging materials and labels, and accompanied by any related accessories, we will proceed to issue a refund, excluding shipping costs, using the same method that you used for payment.
If you happen to receive an item that is not what you ordered, please write to firstname.lastname@example.org
To exchange a product
Products can only be returned for a refund. If you need a different size or color, or wish to purchase other alternative products, you must place a new order.
RIGHT OF WITHDRAWAL
You can exercise your right of withdrawal from this transaction without justification within fifteen (15) calendar days of order delivery to you or a third party on your behalf (other than the carrier).
In order to exercise your right of withdrawal, you must contact Orbea Distribuciones Online, S.L., with registered office at Polígono Industrial Goitondo, 48269 Mallabia (Bizkaia), Spain, and make an unequivocal statement in this regard (by letter, fax, email, etc.). You can fill in the withdrawal form below, but the use of the form is not mandatory (link to the withdrawal form).
If you want to return an item(s) from your order, you must have a claim number. Please contact the online customer service by writing to email@example.com.
To exercise your right of withdrawal, you just have to communicate your decision to do so within the stipulated time.
Consequences of withdrawal
If you decide to exercise your right of withdrawal, we will refund all payments received, includ-ing the delivery costs (with the exception of the additional expenses that result from your selec-tion of a shipping method that is not the least expensive ordinary shipping method that we offer) as quickly as possible, and within 14 calendar days of the date you notified us of your decision to withdraw from the present contract. We will proceed to issue said refund, using the same payment method you used for the original transaction; in any event, you shall not be liable for any expense as the result of the refund. We are entitled to keep your refund until we have received the items or until you have presented proof of their return, whichever happens first.
You must return or directly deliver the items to us as quickly as possible and within 15 calendar days of notifying us of your decision to withdraw from the contract. This condition is deemed to have been met if you return the goods before the end of the stipulated period.
You are responsible for the direct costs of returning the items.
The product must be returned in its complete original packaging, with labels and any related accessory and in perfect condition. You will only be responsible for the reduction in the value of the items as the result of any handling other than that which is necessary to determine the nature, characteristics and working condition of the items.
In spite of the above, the Service Provider may consider, in accordance with current legislation, that users buying customized items or items made according to personal specifications have no right to withdraw from this contract.
For any questions about returning customized items purchased at www.orca.com, you can contact us by writing to firstname.lastname@example.org.
The Service Provider reserves the right to question your reason for return. No refunds will be made for damaged items.
If your return does not meet the terms stipulated terms, you will have no right to receive a refund in any amount and will have a period of fifteen (15) days to request their collection.
In case of defective item returns, you will get a full refund, including shipping costs.
The amount paid will always be refunded using the same method used to pay for the item(s).
DAMAGED OR FAULTY ITEMS
Orca only sells products in mint condition. However, if you happen to receive a defective or faulty item(s), indicate this on the delivery slip and inform the courier at delivery. Then write to email@example.com, indicating your order number and describing the fault or defect in your item(s). A specific, reasonably detailed explanation of the damage to the product is required.
PERSONAL DATA PROTECTION POLICY
In compliance with Organic Law 15/1999, of 13 December, on Personal Data Protection, you are hereby informed that the personal information you enter on this website shall be handled confidentially and stored in a database duly registered with the Spanish Data Protection Agency. Said personal information shall be used to process your order and to send you newsletters and updates related to the Orca brand.
Users are required to keep their personal data up to date, informing of changes, and to enter data that are truthful and complete. You can exercise your right to access, change, cancel or oppose your personal data at any time by writing to the Service Provider at the address above.
The Service Provider reserves the right to remove any links directing to illegal sites or contents affecting the property or the rights of third parties as soon as it learns of them.
The contents of this website cannot be used to promote, contract or disseminate advertising information belonging to third parties without the Service Provider's consent, or to send information or advertisements, even if they are free to use.
The links or hyperlinks to this website included on third-party websites shall direct to the full website as it stands rather than to versions containing, directly or indirectly, false, inaccurate or misleading statements, or leading to unfair or illegal actions against the Service Provider.
The Service Provider shall not be held liable for the reliability or the speed of the hyperlinks on this website redirecting to other websites. The Service Provider cannot ensure the adequate functioning of said links or be responsible for the contents or services they give access to, or for the adequate functioning of the sites they redirect to.
The warranty of the items sold on this website is offered in compliance with the provisions and criteria set forth in Royal Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Users and Consumers, and other complementary laws.
NULLIFICATION AND VOIDABILITY
In the event that any of the clauses in this contractual document is rendered null and void, invalid or ineffective, in whole or in part, this shall not affect the other clauses, which shall continue to be binding on both the Service Provider and the user. In the event that either of the parties (Service Provider or user) decides not to call for compliance with any one of the clauses in this policy, this shall not affect the other clauses or the general agreement, nor does it entail rights for the other party.
APPLICABLE LAW AND JURISDICTION
The terms and conditions in this policy shall be governed by Spanish law with regard to those aspects that are not explicitly dealt with in this document. Should disputes arise between the Service Provider and the user during the transaction, they shall be resolved by the courts in the user's place of residence.
- If you are contracting as a consumer online or by phone, you have the right to cancel (under the Consumer Rights Directive 2011/83 as implemented in the applicable EU member state ("CRD")), all or part of your contract at any time up to 14 (fourteen) calendar days after the day on which you receive the product(s) or service(s) you ordered. Any paid delivery charge will be included in your refund once we have received all (not part) of your order to the specified address determined by the Supplier.
- We will process your refund in accordance with the terms of the Supplier for any refunds. You must take reasonable care of the product(s) while in your possession and they must be properly returned to and aprpoved by the Supplier before we can issue your refund.
- If you wish to cancel (or are considering cancelling) an order please be aware that cancellation under the CRD available for UK or EU consumers do not apply to certain product(s) and service(s) (including but not limited to made to measure orders, flowers, plants, fruit baskets, lingerie (for hygiene reasons), food, gifts and personalised items), any product(s) with a seal where the seal is broken.
- This is not intended to be a full statement of all your rights under the CRD. Full details of your rights under the CRD are available in the UK from your local Citizens’ Advice Bureau by visiting https://www.adviceguide.org.uk) or your Local Authority’s Trading Standards Office.
- Any refunds given by us will be made to the debit/credit card account or by cheque (as applicable) provided when you placed your order and will be subject to the Supplier‘s right to withhold amounts for product(s) which are damaged on return or for which collection has been arranged.
- VIRUSES, HACKING AND OTHER OFFENCES
- You must not attempt or encourage to misuse this website or the Payment Services by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Payment Services are stored or any server, computer or database connected to the. You must not attack this website or the Payment Services via a denial-of-service attack or distributed denial-of-service attack.
- By breaching the above Clause you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use this website and the Payment Services will cease immediately without notice to you or any liability to the Supplier or us.
- We will not be liable for any loss or damage caused by the distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this websit or the Payment Services, other material posted on it, the Supplier website, app store or any websites linked to them.
- SECURITY POLICY
- We will not sell your personal details to third parties. However, we may pass on your details to relevant authorities or regulators if we and/or they wish to investigate or assist in the investigation of any suspected or alleged fraud or abuse of this website and/or the Payment Services or if we are required by law to do so, for example under the Proceeds of Crime Act 2002 and any other money laundering or data protection legislation.
- NO WARRANTY
- We provide the Payment Services to you subject to your statutory rights but otherwise without any warranty or condition, express or implied, except as specifically stated in these Terms. We do not have any control over the product(s) or service(s) that are paid for with our Payment Services and we cannot ensure that the Supplier you are dealing with will actually complete the transaction or is authorised to do so.
- We do not guarantee continuous, uninterrupted or secure access to any part of our Payment Services. We shall not be liable for any delay in the failure in our provision of the Payment Services under these Terms. You acknowledge your access to this website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and debit and credit cards are processed in a timely manner. We make every effort to ensure that the information contained in our correspondence, reports, on this website is accurate to the best of our belief at the time the information is provided. However, we cannot guarantee the accuracy of all such information in all circumstances and contexts, and no reliance should be placed on such information by you. You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions.
- You alone are responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Payment Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.
- OUR LIABILITY
- There are certain liabilities which we cannot exclude by law and nothing in these Terms limits our liability for personal injury or death caused by our negligence or for fraud or for anything which it would be illegal for us to limit or exclude or attempt to limit or exclude our liability for.
- You have certain rights as a consumer, including legal rights relating to faulty or misdescribed product(s) and the Supplier may have set these out for you on the Suppllier’s website or app store. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau by visiting https://www.adviceguide.org.uk). Nothing in these Terms will affect these legal rights and, in particular, we will perform our obligations for processing payment under these Terms with reasonable care and skill.
- The following provisions set out all our liability to you (including any liability for acts and/or omissions of our parent company, subsidiaries, associated companies, employees, agents and sub-contractors) regarding:
- any breach of these Terms, including any deliberate personal repudiatory breach or any deliberate breach of these conditions by a party, or our employees, agents or subcontractors; and
- any representation, statement or tortuous act or omission including negligence arising under or in connection with this website or the Payment Services; and
- any product(s) and/or services purchased utilising the Payment Services whether relating to description, delivery, quality, returns or otherwise.
- All representations, warranties and terms (express or implied) not set out in these Terms are excluded to the fullest extent permitted by law and we shall have no liability to you in respect of the same. You agree to indemnify us in full and on demand with respect to any liability, damages, costs or claims which we may suffer or incur arising out of or in connection with your use of this website or the the Payment Services. Your statutory rights as a consumer (if any) are not affected by these Terms.
- Subject to Clauses 9.1 and 9.2 above:
- our liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this website or the Payment Services shall be limited to the aggregate of with the greater of GBP£100 (one hundred Great British Pounds Sterling) or the cost of the purchase made utilising the Payment Services as paid by you; and
- we shall not be liable to you for any direct, indirect or consequential loss (including without limitation, loss of profit, loss of goodwill and loss of contract) or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with your use of this website or the Payment Services whether or not we have been previously made aware of it.
- We do not have control of nor assume the liability or legality for the product(s) or service(s) that are paid for with our Payment Services which include but are not limited to the description of the product(s), service(s), quality, fitness for purpose, delivery, returns, damages, the option of refunds, legalilty, any warranty.
- We accept no responsibility and shall not be liable to you for any content of or use by you of any information or services offered by the Supplier or third parties’ (including advertising by the same) or otherwise posting information via these services (whether directly or via links to or from other sites or resources or through framing or other electronic mechanisms), nor can we be said to endorse any product(s), service(s), content or information. In particular, we shall have no liability in respect of material hyper-linked to this website or the Supplier’s website or app store which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable laws or regulations. The provision by us on this website of a link to another website or app store does not constitute any authorisation to access materials held at that website or app store.
- We make no representation or warranty about information or any other item(s) able to be accessed either directly or indirectly from this website or the Supplier’s website or app store (save to extent expressly provided on the Website) and we reserve rights to make changes and corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than fraudulent misrepresentation on our website) in or from such information and any decisions based on such information are the sole responsibility of the visitor to the website.
- INTELLECTUAL PROPERTY RIGHTS
- Ownership: The copyright, database rights, brand names, domain names and other intellectual property rights whether in whole or part now defined or in the future (“IPR”) in material displayed on or via this website and/or the Payment Services (the “Materials”, which may includes text, data, graphics, images and audio visual content) is owned by or licensed to us from third parties. This IPR is protected by the laws of England and Wales, international treaties and all other applicable copyright and intellectual property laws. Any unauthorised reproduction, representation or distribution is strictly prohibited and legal action could be taken against any such person who makes unauthorized distribution of the Materials or the IPR.
- Trademarks: Our names and associated logos are and shall remain the exclusive trademarks of ours.
- Copying: Any downloading, use or copying of the Materials except as otherwise expressly permitted by these Terms is strictly prohibited and in particular you agree to use the Materials solely for your own personal, non-commercial use and specifically not for any business, commercial or public purpose.
- The following activities are prohibited unless you receive our express prior written permission on each occasion:
- deployment within this website or the Payment Services of any spider, robot web crawler or other automated query program; and
- re-use and/or aggregation of any of the Materials in the provision of a commercial service.
- The copying and use of third party materials accessed via the Payment Services is governed by the terms applicable to the Supplier accessed by you.
- Content: When providing us with content or posting content (in each case for publication, whether on- or off-line) using the Payment Services, you grant us and our parent, subsidiary and associated companies a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the us and our parent, subsidiary and associated companies, our sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Payment Services, and us and our parent, subsidiary and associated companies use of such content (including of works derived from it) in connection with the Payment Services.
- Force Majeure: We will not be liable for any failure to meet our obligations under these Terms due to anything out of our control including but not limited to any loss and/or damage that you may suffer or incur because of any act of God, power cut; trade or labour dispute, failure or any omission of any government or authority; delay, interruption, obstruction, or failure of telecommunication services; or any other cessation; delay or failure caused by a third party or loss or corruption of data. In such an event, we reserve the right to cancel or suspend the Payment Services indefinitely and without notice or incurring any liability whatsoever.
- Complaints and Disputes: We hope that you are pleased with the Payment Services and that you will never have reason to complain - but if there is something you are not happy with, we would like you to tell us about it so that we can try to put matters right. Should you wish to make a complaint with respect to this website or the Payment Services please contact us by emailing or writing to the postal address at the bottom of these Terms. In the event that we are unable to resolve your complaint you may wish to consider using an Alternative Dispute Resolution scheme by contacting either:
- Ombudsman Services:
- ‘Communications and Internet Services Adjudication Scheme’
We are prepared to take part in the ADR process using either of the certified ADR providers above.
You can also access the Online Dispute Resolution platform here which is an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court:
- Notices: We will communicate with you in the language(s) in which we have made available these Terms to you. You agree that we may provide notice or other information to you by posting it on this website(s), emailing it to the email address providedby you, mailing it to the street address you provided, calling you by phone, or sending you a “text” / SMS message. You must have internet access and an email account to receive communications and information relating to the Payment Services. With the exception of amendments to these Terms, such notice shall be considered to be received by you within 24 (twenty four) hours of the time it is posted to our website(s) or emailed to you. If the notice is sent by mail, we will consider it to have been received by you three business days after it is sent. You may request a copy of any legally required disclosures (including these Terms) from us and we will provide this to you in a form which allows you to store and reproduce the information (for example, by e-mail) and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described below. Notices to us made in connection with these Terms must be sent by postal mail to the address set out below.
- Assignment and Subcontracting: You may not assign or transfer your rights or obligations (or both) under these Terms to any company or other person. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
- Relationship: Nothing in these Terms shall be construed so as to give rise to any joint venture, partnership or relationship of employer and employee.
- Waiver: No delay or omission by us in exercising any right or remedy under these Terms shall operate to impair such right or remedy or be construed as a waiver thereof. Any single or partial exercise of any such right or remedy shall not preclude any further exercise or the exercise of any other right or remedy.
- Severability: If any court of competent jurisdiction holds any provision of these Terms invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect so as to leave the validity of the other provisions of these Terms in tact.
- Amendments: If we make anyvariations to these Terms we will try to highlight such area in red for a period of 4 (four) weeks from such change.
- Entire Agreement: These Terms and any invoices contain the whole agreement between us in relation to the order and supersedes all previous contracts, promises, representations, warranties or arrangements between the parties whether written or oral provided that nothing in this Clause shall operate to exclude either party’s liability for any fraudulent misstatement or fraudulent concealment.
- Third Party Rights: The provisions of these Terms are for the benefit of the parties and no other persons shall have any right to enforce any of its terms to these Terms.
- Interpretation and Construction: In these Terms unless the context otherwise requires (a) words importing the singular include the plural and vice versa, (b) a reference to a law includes a reference to that law as amended, consolidated or replaced, (c) headings are for convenience only and do not affect the interpretation of these Terms and (d) unless the context otherwise so requires references to us include our permitted successors and assigns.
- Law and Jurisdiction: The formation, construction, performance, validity and all aspects of these Terms is governed by the laws of England and Wales, shall be in English and the parties hereby irrevocably submit to the exclusive jurisdiction of the Courts in England and Wales.
If you have any questions concerning these Terms please contact us via:
Post: fine trade GmbH, 57-63 Scrutton Street, London EC2A 4PF
Update: last update April 2016
This Policy governs your use of products, services, content, features, technologies or functions offered by us and all related sites, applications, and services (collectively “Payment Services”) (including, without limitation, when you provide any information in relation to your use of Payment Services).
In order to operate the Payment Services and to reduce the risk of fraud, we, as the data controller, must ask you to provide us with information about yourself, including your credit or debit card and/or bank account details. You accept and consent to this Policy when you sign up for access or use of the Payment Services. By accepting and consenting to this Policy, you expressly consent to our use and disclosure of your personal information and direct us to do so in the manner described in this Policy.
This Policy describes the information we collect and how we use that information. We take the processing of your information very seriously and will use your information only in accordance with the terms of this Policy. For the purposes of this Policy, the term “Information” means any confidential and/or personally identifiable information, credit cards or other information provided and related to your use of Payment Services.
We will not sell or rent your Information to third parties for their marketing purposes without your explicit consent. However, in order for us to offer you the Payment Services; enhance the quality of the Payment Services from time to time; and protect your interests, we will in limited circumstances share some of your Information with third parties under strict restrictions, as described in more detail in this Policy.
Notification of Changes: This Policy may be revised over time as new features are added to the Payment Services or as we incorporate suggestions from our customers. We may change this Policy at any time by posting a revised version of it on our website. We will highlight the changes in red for 30 (thirty) days from date of change. As of the effective date of the revised Policy, you will be considered as having consented to all changes to it. Please check our website on a regular basis for the most current version of our Policy.
Third Party Websites: Some pages on our website include links to third-party websites. These sites are governed by their own privacy statements and we are not responsible for their operations including but not limited to their information practices. When submitting Information to or through these third-party websites you should review the privacy statements of these sites before providing them with your Information.
Not a Framework Contract: For the avoidance of doubt this Policy does not constitute a "framework contract" for the purpose of the EU Payment Services Directive (2007/64/EC) or any implementation of that directive in the European Union or EEA (including without limitation the UK Payment Services Regulations 2009).
A Special Note about Children: Children are not eligible to use our Payment Services and we ask that minors (persons under the age of 18) do not submit any Information to us or use the Payment Services.
2. INFORMATION WE COLLECT
Required Information: To use the Payment Services you must provide your name, address, phone number, and email address. In order to make payments through the Payment Services you must provide credit card, debit card or bank account information. We may also require other commercial and/or identification information in order for us to comply with our anti-money laundering obligations under European law.
Using your device: When you use the Payment Services using any device (whether connected to the Payment Services wirelessly or by a fixed line or otherwise), we may additionally collect and store device sign-on data (including but not limited to device ID) and geolocation data in order to provide the Payment Services.
Transaction Information: When you use the Payment Services to pay for an order we also collect the Internet address (IP address) and other identifying information about the computer or device you use to utilise the Payment Services, in order to help detect possible instances of unauthorised transactions.
Information about you from Third Parties or Other Sources: In order to protect all our customers against potential fraud, we may verify the Information you provide with payment processors and/or credit reference and fraud agencies. In the course of such verification we may receive personally identifiable information about you from such services. In particular if you register a credit card or debit card or bank account with the Payment Services we will use card authorization and fraud screening services to verify that your bank or card information and address match the information you supplied to us, and that the card has not been reported as lost or stolen. If you owe us money, we may conduct a credit check on you by obtaining additional information about you from a credit reference or fraud agency, to the extent permitted by law. We, at our sole discretion, reserve the right to periodically retrieve and review a consumer credit report supplied by such credit reference or fraud agency for any payment being processed, and reserve the right to deny processing of the payment based on information obtained during this credit review process.
We may also collect information about you from other sources including from members of our corporate family, other companies (subject to their privacy policies and applicable law.
Additional Verification: If we cannot verify any of the Information that you provide we may ask you to upload or send us additional information (such as your driving licence, credit card statement, and/or a recent utility bill, or other information linking you to the applicable address) or to answer additional questions online to help verify your Information.
Website Traffic Information: Because of the way Internet communication standards work when you arrive at or leave our website we automatically receive the web address of the site that you came from or are going to. We also collect information on which pages of our website you visit, IP addresses, the type of browser you use and the times you access our website.
Communications: When you communicate with us for customer service or other purposes (e.g., by emails, phone calls, tweets, etc.), we retain such information and our responses to you.
3. HOW WE USE INFORMATION COLLECTED
Internal Uses: We collect, store and process your information on servers located elsewhere in the world where our facilities are located. Our primary purpose in collecting your Information is to provide you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal Information to:
- process transactions and provide the Payment Services;
- verify your identity, including during account creation and password reset processes;
- resolve disputes, collect fees, and troubleshoot problems;
- manage risk, or to detect, prevent, and/or remediate fraud or other potentially illegal or prohibited activities;
- detect, prevent or remediate violations of policies or applicable user agreements;
- provide you with customer support services;
- improve the Payment Services by customizing your user experience;
- measure the performance of the Payment Services and improve their content and layout;
- manage and protect our information technology infrastructure;
- provide targeted marketing and advertising, provide service updates, and deliver promotional offers based on the communication preferences you have defined for your account and your activities when using the Payment Services; and
- perform creditworthiness and solvency checks, compare information for accuracy, and verify it with third parties.
Our Contact with Customers: We communicate with our users on a regular basis via email to provide requested services. We also communicate with our users by phone to:
- resolve customer complaints or claims made by users via the Payment Services;
- respond to requests for customer service;
- inform users if we believe their accounts or any of their transactions have been used for an illegitimate purpose;
- confirm information concerning a user's identity or account activity;
- carry out collection activities;
- conduct customer surveys; and
- investigate suspicious transactions.
We use your email or physical address to send you notice of payments that you send or receive through the Payment Services, to send you information about important changes to our services, and to send notices and other disclosures required by law. Generally, you cannot opt out of these communications, but they will be primarily informational in nature rather than promotional. We may also communicate with you as described above by SMS (and SMS will be treated as an email).
We may combine your Information with information we collect from other companies and use it to improve and personalise the Payment Services. If you don't wish to receive marketing communications from us or participate in our ad-customisation programmes, simply confirm this during any options available to do so whilst processing the payment.
5. HOW WE SHARE INFORMATION
When paying for your order through our Payment Services we may provide the Supplier of the product(s) or service(s) with the delivery address and your billing address to complete your transaction. The Supplier may share information about you with us such as your email address or phone number, when a refund is sent to you or when you are attempting to pay that Supplier. If an attempt to pay your Supplier fails, or is later invalidated, we may also provide your Supplier with details of the unsuccessful payment. To facilitate dispute resolutions we may provide you with the Supplier’s address so that goods can be returned to them. Please note that Suppliers may have their own privacy policies and we are not responsible for their operations including but not limited to their business practices.
We may also share with other users the fact that you are within local reach as a customer. If you do not want this information to be shared you can access, view and control the settings for any such data on your mobile device.
By accepting this Policy you expressly agree and consent that each time you pay or attempt to pay a Supplier using the Payment Services that we may transfer the aforementioned relevant data to such Supplier who may be located outside the European Economic Area (“EEA”), in order to process, execute or otherwise deal with and provide information about the payment.
Just like most banks or financial/payment service providers we work with third-party service providers which provide important functions to us that allow us to be an easier, faster, and safer way to make payments, and other business partners. We need to disclose user data to them from time to time so that certain services can be performed. By accepting this Policy and processing your payments via the Payment Services you expressly consent to the transfer of your data to those third parties for the purposes listed.
We will not sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent, and will only disclose this information in the limited circumstances and for the purposes described in this Policy. This includes transfers of data to non-EEA member states. We do not tolerate spam. To report any spam, please contact us immediately using the contact details below.
Specifically, you consent to us to do any and all of the following with your information:
- Disclose necessary information to: the police and other law enforcement agencies; security forces; competent governmental, intergovernmental or supranational bodies; competent agencies (other than tax related authorities), departments, regulatory authorities, self-regulatory authorities or organizations (including, without limitation and other third parties, including our Group companies, that we have reason to believe it is appropriate for us to cooperate with in investigations of fraud or other illegal activity or potential illegal activity, or to conduct investigations of violations of our Payment Terms and Conditions (including without limitation your credit or debit card provider).
- We and other organisations, including parties that accept the Payment Services, may also share, access and use (including from other countries) necessary information (including, without limitation the information recorded by fraud prevention agencies) to help us and them assess and to manage risk (including, without limitation, to prevent fraud, money laundering and terrorist financing).
- Disclose necessary information in response to the requirements of the credit card associations or a civil or criminal legal process.
- Disclose necessary information to the payment processors, auditors, customer services providers, credit reference and fraud agencies, financial products providers, commercial partners, marketing and public relations companies, operational services providers, group companies, agencies, marketplaces and other third parties. The purpose of this disclosure is to allow us to provide the Payment Services to you. These third parties are limited by law or by contract from using the Information for secondary purposes beyond the purposes for which the Information was shared.
- Disclose necessary Information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).
- Disclose aggregated statistical data with our business partners or for public relations. For example, we may disclose that a specific percentage of our users live in London. However, this aggregated information is not tied to personal information.
- Share necessary Information with unaffiliated third parties for their use for the following purposes:
- i. Fraud Prevention and Risk Management: to help prevent fraud or assess and manage risk. As part of our fraud prevention and risk management efforts, we also may share necessary Information with your Suppliers in cases where we have placed a hold or other restriction on your account based on disputes, claims, chargebacks or other scenarios regarding your orders.
- ii. Customer Service: for customer service purposes, including to help service your orders or resolve disputes (e.g., billing or transactional).
- iii. Shipping: in connection with shipping and related services for orders made using the Payment Services.
- iv. Legal Compliance: to help them comply with anti-money laundering and counter-terrorist financing verification requirements.
- v. Service Providers: to enable service providers under contract with us to support our business operations, such as fraud prevention, bill collection, marketing, customer service and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
Mergers or Acquisitions: As with any other business, it is possible that in the future we could merge with, or be acquired by, another company. If such an acquisition occurs, you consent to the successor company having access to the information maintained by us, including Information, and such successor company would continue to be bound by this Policy unless and until it is amended.
6. CROSS BORDER TRANSFERS
We are committed to adequately protecting your Information regardless of where the data resides and to providing appropriate protection for your information where such data is transferred outside of the EEA.
7. INFORMATION SECURITY
We are committed to handling your Information with high standards of security. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files and we authorize access to personal information only for those employees who require it to fulfil their job responsibilities.
The security of your Information also relies on your protection of any passwords if you are required to create one. If created you may not share your Payment Services password with anyone.
8. ACCESSING AND CHANGING INFORMATION
You can review the Information you have provided us and make any desired changes to such Information at any time by email: firstname.lastname@example.org
If you want to exercise your right to access your Information or have any questions about this privacy statement, our Information practices, or your dealings with us, you can contact us by:
Post: fine trade GmbH, 57-63 Scrutton Street, London EC2A 4PF