PURCHASE TERMS AND CONDITIONS
This contractual document shall govern the purchase of products and/or services at the website www.orca.com, managed by Orbea USA L.L.C. (hereinafter, the Service Provider), a company which belongs to Orbea S. Coop. Ltda.
The Service Provider, reserves the right to unilaterally modify the present ordering terms with no advance notice, without this affecting the goods or promotions that were acquired prior to the modification. Given that the present conditions may undergo changes, you should read them before making any purchase on this website.
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.
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 USA LLC, with registered office at 4820 63rd St. suite 104 Boulder, Colorado 80301 U.S.A.
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 USA LLC. 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: firstname.lastname@example.org.
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) a password, and introduce some personal information: name, second name, country, date of birth and gender. You should 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. Clicking in, “Did you forget your password?” by filling your email you will receive an email with a link to create a new password.
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 Spanish 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(s) and/or service(s).
– Select the product and add it to your shopping cart. Continue shopping or proceed to checkout.
– Once your order is complete, enter the required information so that we can process your order.
– Indicate the shipping address and other information necessary to properly manage your order.
– The sales tax amount will be calculated in the order summary.
– Select your method of payment: credit card, debit card or PayPal.
– Accept the Terms & Conditions
– Confirm your order.
– You will then receive a confirmation email with all the details of your purchase.
After completing your purchase, you can go to your account and review any of your orders in the section “my orders”, where you will find the following information:
– Item details.
– Item(s) sub-total.
– Total purchase price.
– Tax amount.
Prior to its delivery you will be entitled to cancel one or more of the articles included in your purchase order, you will select each of the items you would like to cancel by marking each product cancellation box and then confirm by clicking the cancellation button.
We will proceed to issue a refund, using the same method that you used for payment.
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.
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 credit card, debit card, 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 with certain personal information, such as your name and zip code.
If the transaction is approved, you will get a confirmation message by email, indicating that your order is being processed.
ITEM PRICE AND PRICE VALIDITY
The prices shown for each item do not include Salex Tax and appear in US Dollars. 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 charged for US purchases 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 you fail to be informed of the wrong 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 and will be emailed after the purchase order has been completed.
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.
The prices shown on this website do not include customs duties, fees or taxes. Orders 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.
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 fourteen (14) 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 below.
Once the product has been shipped, you can access your account and review any of your orders in the section “my orders”, where you will be entitled to return one or more of the articles included in your purchase order, you will mark each of the items you would like to return and then, confirm by clicking the return button.
We will send you an email including a return authorization number that you must place visible outside the package where you will be returning the goods.
Returns will only be accepted by Orbea USA LLC 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 fourteen (14) 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 USA LLC, with registered office at 4820 63rd St. suite 104 Boulder, Colorado 80301 U.S.A., 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, including the delivery costs (with the exception of the additional expenses that result from your selection 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 14 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 fourteen (14) 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 STATUTORY WARRANTY provided by ORCA runs for two years as from the date on which the product is purchased.
● ORCA provides a warranty on all products that it manufactures and/or distributes against any nonconformity issues for the first two years after their purchase. This warranty applies only to the original purchaser of the product when the purchase is made through an authorized dealer. It therefore excludes purchases made through non-authorized dealers and on eBay or similar sale and/or auction platforms.
● The buyer is entitled to the repair and/or replacement of the defective product completely free of charge for the affected user in the event of any nonconformity.
● The specific legal rights of the original purchaser of the product under this warranty may vary from country to country. If this warranty is found not to be consistent with local legislation, it will be considered as amended so that it is consistent with that legislation.
TERMS & CONDITIONS
● When filing a claim under this warranty, the user must provide a copy of the product purchase document (sales invoice) for the bicycle to ORCA or the dealer.
● This warranty does not cover normal wear and tear of the product in any case.
● In no case will this warranty apply to breakages or defects resulting from negligent use. Negligent use is considered to include, but is not limited to, the following:
For neoprene items:
■ Pinches and nail tears.
■ Damage or fading resulting from exposure to excessive heat and sunlight or storage in unsuitable conditions.
For all products:
■ Deterioration resulting from exposure to external ambient agents (e.g. salt water, excessive heat, sunlight, etc.) or chemicals (pool products, chlorine, etc.).
■ Deterioration or loss of features of the garment due to improper use of washing machines/ dryers/ irons, fabric conditioners or detergents.
■ Tears or abrasions on surfaces or seams due to normal wear and tear.
■ Improper modifications or repairs carried out by unauthorized persons.
● You, the user, must keep the product acquired in good condition, in line with the instructions and recommendations of the manufacturer.
● To process any claim in relation to this warranty, the user must proceed to the point of sale where he/she purchased the product, so that the dealer can process the statutory warranty. If it is not possible to visit that dealer or if visiting same would result overly burdensome for you, the user, you may go to another official ORCA dealer to process the claim or contact ORCA directly via the link below to receive instructions on how to process the warranty claim. When filing a claim under this warranty, the user must provide the product purchase document (sales invoice) to ORCA or the dealer.
● This warranty is subject to the decision reached by our technicians with regard to the nature of the product non-conformity once they have studied the product in question.
● If repair is not possible and ORCA opts to replace the product, ORCA will replace the non-conforming product with another similar product, and if this is not possible for reasons of stockage, you, the user, will receive another product of equal quality and features. ORCA may replace personalized products by similar products in the current colour range if the original personalization cannot be reproduced.
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.