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PURCHASE TERMS AND CONDITIONS

1- TERMS & CONDITIONS OF USE & PRIVACY POLICY

The document below governs the contracting of products and services via the website www.orca.com, owned by Orbea, S. Coop. LTDA.  and managed by ORBEA DISTRIBUCIÓN ONLINE S.L. (hereinafter called the Service Provider).

Acceptance of this document means that the user:

These terms & conditions will be effective for an indefinite term and will apply to all contracts entered into through this website.

ORBEA DISTRIBUCIÓN ONLINE, S.L. (hereinafter called the Service Provider) meets the requirements of Act 34/2002 of 11 July on Information Society Services and Electronic Commerce, and accordingly provides the following disclaimer.

By accessing this website (www.orca.com) you accept and undertake to observe and comply strictly with the provisions set out here and with any other provision of law that may be applicable. By browsing this website, you, the user, expressly accept and indicate that you understand these terms & conditions and any changes made to same.

The service provider reserves the right to make such changes to this website as it may deem appropriate without prior notice, and may delete or add to the content and services provided and change the way in which they are presented or located. Given that these terms and conditions are subject to change; you are advised to check them each time that you access the website.

For more information on the terms and conditions of use and on our privacy policy, see the section “Disclaimer and Terms & Conditions of Use”.

Any words which may have different meanings are to be understood in the meaning most closely suited to the nature and purpose of this agreement. The language of reference for the purposes of this agreement is that in which the online purchasing process takes place. This agreement was drawn up originally in Spanish and translated into other languages. In any discrepancy between the translated versions and the original in Spanish the latter will prevail.

The website comprises the texts, graphics, images, videos, audio, sketches, photographs and software included thereon, regardless of whether or not they are subject to intellectual property rights.

2- WEBSITE ACCESS

Access to and use by users of this website implies no obligation regarding the quality and speed of access on the part of its owner, which may modify the conditions for access or suspend access to the website as a whole or any part of it, or suspend the provision of goods and services through the website without prior notice. The website owner accepts no liability for any consequences or damages resulting from the modification of said access or suspension of the website.

Users are responsible for having the hardware and software needed to make purchases on the website. The website owner may not be held liable for the functioning thereof, for consequences derived from them, or for the rights or licenses required for their use.

The website owner also accepts no liability for any anomaly, malfunction, damage or deletion of data or software that may occur in the equipment or systems of users as the direct or indirect consequence of access or attempted access to the website.

The service provided by the website owner through the website is for an indefinite period, notwithstanding its entitlement to suspend or cancel said website without prior notice.

3- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All contents of the present website, including, but not limited to the texts, graphics, images, design and such intellectual property rights as may correspond to said contents, as well as all brands, trade names or any other distinctive sign, are the property of the website owner or their lawful owners, and all rights are reserved in this regard. All website contents are duly protected by the regulations governing intellectual and industrial property rights, and are registered in the corresponding public registries.

Any act involving the reproduction of the content in whole or in part, in any form or on any medium, whether mechanical, electronic, photocopying or otherwise, is prohibited, as is any other act of dissemination, public communication or distribution without the prior written authorization of the website owner or the lawful owner of the content in question. Any other use not previously authorized by the service provider will be considered a serious violation of its intellectual or industrial property rights.

The service provider accepts no liability for any damage that might result from the use of the content by persons who access the website or any violation by such persons of any provision of law in force.

Any comment on potential violations of intellectual or industrial property rights or on any of the website content may be posted by email to the following address: info@orca.com

4.- CONTRACT PROCEDURE

Contracting may take place in English.

To contract the services and/or products offered on this website, you must register here as a user and create an account at orca.com.

Only users over 18 years of age may enter into contracts and place orders. In any failure to observe this requirement, the parents or legal guardians of persons below the aforementioned age will be liable for any orders placed by them.

To create a user account, you must freely and voluntarily provide the required personal information and must accept these general terms and conditions of purchase. Registration on the website enables you to access certain restricted, user-only areas, use certain services and purchase products that will be offered through the present website

You must select a user name (your email address) and a password, and undertake to make proper use of them and not allow third parties to use them. Likewise, you must notify the service provider if they are lost, stolen or may have been accessed by an unauthorized third party so that they can be immediately blocked.

You undertake to ensure the confidentiality of your user name (your email address) and password. The service provider is exempt from any liability arising from incorrect or negligent use by users in breach of their confidentiality obligation.

You are free to change your password via the procedures set in place for that purpose. The old password replaced will be canceled as a means of identification as soon as the new one is generated.

The service provider reserves the right to block or cancel access for any user who owes it a debt or unpaid balance, and any user who engages in fraudulent acts or acts in bad faith in regard to the service provided through the website. Access to and use of the website may also be blocked when the service provider deems it necessary for security reasons.

The service provider may hold liable users who misuse the website or cause damage to others, and for any viruses, malware or computer programs that may be introduced into, generated or housed on the website that damage or may damage the contents or the correct operation of the website or equipment, systems and programs belonging to website users and/or third parties and/or the service provider itself.

The service provider may act against users in regard to any complaints, claims for compensation, fines or administrative sanctions that it receives for which users are directly or indirectly liable.

Orbea, as the owner of the website, is strongly committed to complying with regulations on personal data protection and assures full compliance with the obligations set out therein. Taking into account the nature, scope, context and purposes of the data processing and the risks with differing degrees of likelihood and seriousness for the rights and freedoms of individuals, Orbea will apply appropriate technical and organizational measures to assure and demonstrate that data processing complies with EU Regulation 2016/679 of the European Parliament and Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Said measures will be reviewed and updated by Orbea as necessary. All this is without prejudice to the fact, which users expressly accept, that Internet security measures are not infallible.

In line with regulations on the protection of personal data, ORBEA S COOP LTDA and ORBEA DISTRIBUCIÓN ONLINE, S.L. will process the information provided by data subjects for the purpose of managing the purchase made. In order to offer you products and services matched to your interests and to improve your user experience, we will draw up a “commercial profile” based on the information that you provide. No automated decisions will be made based on this profile. Users expressly authorize ORBEA S. COOP., LTDA. and ORBEA DISTRIBUCION ONLINE, S.L. to disclose their data for the purposes set out above to such parties as transport or logistics operators whose participation is necessary to complete the product purchase process, and to members of their group for the aforesaid purposes.

Users may exercise their rights of access, rectification, deletion and objection in regard to their data by sending a written request along with a copy of their identity card or any other document serving the same purpose, to the headquarters of ORBEA S. COOP., LTDA. in Mallabia (Bizkaia) at Polígono Goitondo s/n, or by e-mailing the company at the following address: info@orca.com

In compliance with the provisions of Article 27 of Act 34/2002 on Information Society Services and Electronic Commerce, you are informed that once your user account has been created the contracting procedure will be handled by the company ORBEA DISTRIBUCIÓN ONLINE S.L., with whom the service provider has reached an exclusive commercial agreement as the online sales channel for the products that it markets, and will follow these steps:

When the purchase process is completed you can access a summary of your purchase by going to the Orders section. There you have the option of cancelling or returning items and can access the following detailed information:

5- ORDER DELIVERY

Orders will be delivered to the shipping address provided by the purchaser. Accordingly, the service provider accepts no liability should a product not be delivered because the data provided by the user proves to be false, inaccurate or incomplete or because of reasons not attributable to the shipping company.

The service provider has taken all the measures required of a diligent retailer to ensure that the product is delivered at the agreed time and, if this is not possible, as soon as possible, and therefore accepts no liability in this regard.

You can check the estimated delivery date under ORDERS in MY ACCOUNT. The estimated delivery time will be less than 30 days. In the event of delivery taking longer, the service provider will inform you of the new delivery date.

We will inform you of any delay in the delivery of your order. However, to the extent permitted by law, we accept no liability for any losses, costs, damages or charges associated with said delay.

6- ITEM AVAILABILITY

All orders are subject to item availability. If any incidents occur in the supply or if the product is unavailable, you will be informed as soon as possible, and may then change or cancel your order.

7.- PRICE AND OFFER VALIDITY PERIOD

The prices indicated for each product include the corresponding Value Added Tax (VAT) applicable in Spain and are shown in GBP (£). Unless expressly indicated otherwise, the price of the product does not include shipping costs. Shipping costs will be added in the purchase summary, before payment is made.

The prices shown on this website do not include customs fees, taxes or duties. The orders placed may be subject to customs duties and/or taxes and import charges, depending on the buyer's country and the destination of the merchandise requested by the user; these will be payable once the shipment reaches the country of destination. Users hold sole liability for any additional fees associated with customs clearance; the service provider has no control over such charges; nor can it predict them or how much they will be.

The prices applicable to each product will be those posted on the website. They will be automatically applied during the final phase of the contracting process. The service provider reserves the right to modify the prices shown on the present website without prior notice. In the case of any error in the price applied, we will notify you as soon as possible and you will have the option to confirm your order at the correct price or to cancel it. If we are not able to notify you of this error, the order will be considered canceled and you will receive a full refund for any amounts paid. In no case is the service provider obligated to supply the product(s) at a lower, incorrect price (even if the user has already received the Shipping Confirmation).

All payments made will entail the issuance of an invoice in the name of the registered user.

For any information about the order, you, the user, should contact customer service at 900 670 018 or send an email to info@orca.com. In the message subject line or by telephone, please indicate the order number assigned and the email address for the purchase confirmation.

8- CANCELLATIONS AND RETURNS

CANCELLATION OF ORDERS

You have the right to cancel the items included in your order up to the time when it is shipped. To cancel one or more items go to Orders in your account and click on the "See Details" link for the order that you wish to cancel. Once in the order, select each item that you wish to cancel and click on "Cancel Selected Items". Then select the reason for canceling and confirm cancellation.

Once you have completed the cancellation process, we will refund the amount paid out via the same method used to make payment Refunds take 5-7days as from the time of cancellation.

TERMS & CONDITIONS FOR RETURS

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

You may return the product within 15 days as from the date when the item was delivered to you. The product returned must be in the same condition as when it was delivered to you, unused and with its original packaging and labels. Customized orders may not be returned.

To return products, follow the instructions below:

PRODUCTS DAMAGED IN TRANSIT

If you observe any knocks or damage on the packaging when you receive your order, make a note of them on the delivery note provided by the shipping company (e.g. “packaging damaged”) and return the package unopened to the carrier. Then report the incident immediately to our customer service staff by telephone on 900 670 018 or by e-mail to info@orca.com.

IF YOU RECEIVE THE WRONG ITEM(S)

If you receive an item you have not ordered by mistake, please send an email to info@orca.com or call 900 670 018.

WARRANTIES APPLICABLE

The warranties applicable to all the products sold via this website are provided and established in line with the criteria and conditions set out in Royal Legislative Decree 1/2007 of 16 November approving the recast wording of the General Act for the Defence of Consumers and Users and in other complementary legislation.

9- LINKS

The service provider accepts no liability whatsoever for any external links to websites belonging to third parties which may appear on the website or for the information that they contain. Users access such content under their exclusive responsibility and according to the conditions of use that govern them.

The service provider reserves the right to remove any link as soon as it becomes aware that the nature of its content is unlawful or that the link may be harmful to the property or rights of any third party.

It is prohibited to use the website contents to promote, contract or distribute your own advertising or information or that of any third party without the authorization of the service provider, and to send out advertising or information using the services or information made available to users, regardless of whether its use is free or not.

Any links or hyperlinks to this website included by third parties on their own websites must open the full website and may not directly or indirectly make any false, inaccurate or confusing statements or engage in any unfair or unlawful actions against the service provider.

The service provider accepts no liability for the reliability and speed of hyperlinks included on the website that open other sites. The service provider does not guarantee the usability of these links, nor does it accept any liability for the contents or services that users can access through them or for the proper working of such websites.

10.- RIGHT OF WITHDRAWAL

ORBEA DISTRIBUCIÓN ONLINE S.L. acknowledges the right of withdrawal of the Customer, who may return the Product within fifteen (15) calendar days as from the date on which it is actually received

The right of withdrawal may be exercised via the following channels:

By e-mailing ORBEA at the following address: info@orca.com

The refund will comprise the full amount of the purchase minus delivery costs. The refund will be made via the same means of payment used to acquire the Product. Direct costs entailed by the return will be payable by the Customer.

The Customer must return the Products for which the right of withdrawal is exercised without undue delay, and within no more than fifteen (15) calendar days as from the date on which the decision to exercise that right is reported to ORBEA DISTRIBUCIÓN ONLINE S.L. The amount refundable under the withdrawal must be refunded within fifteen (15) calendar days as from the date on which the decision to withdraw from the agreement is effectively and unequivocally reported, provided that ORBEA DISTRIBUCIÓN ONLINE S.L. as already received the Product. Otherwise, the refund may be held back until the Product is received or until the Customer can provide proof that it has been returned.

The Customer is liable for any reduction in the value of the Product that results from any handling of same other than that strictly necessary to establish its nature and characteristics and confirm that it is in working order.

In all cases, for the right of withdrawal to be effectively exercised the Product must be returned in its original packaging, along with the invoice and all its components. Before returning the Product, the Customer must ensure that it is properly protected and sealed to prevent any damage in transit.

STANDARD FORM FOR WITHDRAWAL

11. LEGISLATION APPLICABLE

These General Terms and Conditions are governed by Spanish law.

In general, any litigation arising from this agreement will be heard by the courts and tribunals of Bilbao. If the Customer is classed as a consumer, litigation will be heard by the courts and tribunals deemed competent under the consumer regulations in force at the relevant time.