Terms & conditions of sale

OBJECT

Joaquín González (CIF: Y3703140Q) is a clothing brand with registered offices at calle San Bernardo, number 27 c.p 28015 Madrid (Madrid). It is currently the owner of this website, hereinafter: “Ocio Moda”. These terms and conditions of sale are formulated in accordance with the following legislation, without prejudice to other European or state provisions that may be applicable, as well as the modifications that may be made to these.

Royal Decree of 24 July 1889, of the Civil Code.
Law 7/1998, of 13 April 1998, on General Contracting Conditions.
Law 16/2011, of 24 June, on Consumer Credit Contracts.
Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI).
Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (RDLGDCU).

These terms and conditions of sale, together with your Order Confirmation, constitute the contract between Ocio Moda and you. These terms and conditions are important to both you and Ocio Moda, as they are designed to create a legally binding agreement protecting your rights as a customer and the rights of Ocio Moda. The placement of any order on this website implies knowledge and acceptance of these terms and conditions of sale, as well as the particular conditions, if any, governing the purchase. In addition, the customer affirms to be at least 18 years old, to have legal capacity to enter into binding contracts and ensures the accuracy of the data provided for the proper management of your order. Ocio Moda may modify these terms and conditions at any time, in which case the updated version will be published on the website. The modifications will take effect from the date of such publication and will not affect any orders previously placed through the site. All data related to orders placed will be written in English.

PLACING AN ORDER THROUGH THIS WEBSITE

By placing orders through this website you agree to: Not to place any false or fraudulent orders. If we reasonably believe that such an order has been placed, we will be entitled to cancel it and inform the relevant authorities. To provide us with your email address, postal address and/or other contact and payment details truthfully and accurately. You also agree that we may use this information to contact you if necessary. If you do not provide us with all the information we require, we will not be able to process your order. By placing an order you warrant that you are fully authorised to use the relevant credit or debit card, if you choose to pay by credit or debit card. If you choose the bank transfer method, the order will be processed once we have received the amount in our account. Only persons with the necessary legal capacity to enter into contracts relating to the type of goods and services offered on this website may place orders on this website. The products are available throughout Spain, except for the Canary Islands, Ceuta and Melilla.

PURCHASING PROCESS

This is how purchases through this website work: To start the purchasing process customers may do so as visitors on the website and optionally may register to create a user account, following the indications shown on the screen. Once the products have been selected, the customer must follow the phases of the purchase process indicated below: Step 1. Register as a user. To register as a user, you must be over eighteen years of age and provide all the information required and identified as mandatory through the registration form. The registered user assumes that his/her user account is personal and non-transferable. All registered users will have an access password, which will also be personal, non-transferable and must comply with certain requirements at any time, following the procedure set out on the website. It is the user’s obligation to immediately notify Ocio Moda any fact that allows the misuse of identifiers and / or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. Until such events are not communicated, Ocio Moda will be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties. Step 2. Product selection. The customer must select the products you wish to purchase. Once selected, you must add them to the shopping cart by clicking the “ADD TO CART” button. Once the product has been added to the shopping cart, you will be allowed to continue shopping or go to the shopping cart where the products you wish to purchase are indicated. Once the selection of the products you wish to buy has been completed and you are in the shopping cart, the customer will be shown the products selected, the number of units and the price, together with other information of interest. Step 3. Validation of the shopping cart. The customer must validate their shopping cart by clicking on the “CONTINUE” button. Step 4. Placing the order. Once the order has been placed, the customer must indicate the method of payment and complete the form with the delivery details of the products. Currently, the website allows the following payment methods: Credit card and bank transfer. Confirmation of the purchase by clicking on the “PLACE ORDER” button implies acceptance of these terms and conditions of sale. Step 5. Payment of the total amount of the order. The customer will be automatically redirected by the system to the online payment platforms of the corresponding entities. To finalise the purchase, once the corresponding data has been entered, click on the “PAY” button. Step 6. Order confirmation. OCIOMODA will send the customer within 24 hours, except in cases of force majeure and from the time of actual payment of the purchase by the customer, an email which will provide confirmation of the order and a summary of the same with all the features of the purchase made. The order confirmation will be effective from the moment it is sent. If we cannot accept the order, this circumstance will be duly communicated to the customer by e-mail, telephone or post. Likewise, the customer who has registered to create a user account will be able to consult and/or download the order summary in the “My Account” area. The order confirmation shall not be valid as an invoice. In the event that the customer requires an invoice, this should be requested via the contact section of the website. Although we will make every effort to supply you with the products listed in your “Order Confirmation”, there may be occasions when it is impossible for us to supply such products, for example, because they are no longer manufactured or available or because we are unable to obtain relevant components. In this event, we will cancel your order in respect of the products which we are unable to supply and we will refund to you any money which you have paid to us for them. The refund will be the limit of our liability to you if we are unable to supply you with the products ordered. We reserve the right to withdraw any product from the website at any time and to remove or amend any material or content of the website. We shall not be liable to you or to any third party for the removal of any product from this website, whether or not such product has been sold, or for the removal or modification of any material or content on the website. All purchases of products and/or services purchased through the website, after identification and authentication, shall be considered validly made by the customer, and shall be binding. The customer shall be solely responsible for purchases made through the website. Any incident arising from the payment process at any time during the sales process shall be grounds for not proceeding with the delivery. In the event that delivery has been made, the products will be removed from the place of delivery. In the latter case, a second delivery must be arranged once payment has been made. A surcharge for second deliveries of €99 including VAT will be applied and will be coordinated with the customer according to logistical availability. Orders that have to remain stored in the facilities of Ocio Moda, due to the impossibility of being delivered to the customer, either by not being at home the day agreed for delivery, incident in the payment process or improper return of the order, list of cases not being limited to them, will remain a maximum of 3 months. Once this period has elapsed, the firm order will be cancelled and the amount paid on account (partial or full) will be retained as damages. In the event that the customer requests redelivery of the order, Ocio Moda may charge the customer a daily storage fee of 10% of the order value as liquidated damages. In addition, € 99 will be charged for each additional delivery attempt.

PRODUCTS

The customer declares to be aware that all products sold on this website are intended for domestic use. The guarantees offered are conditional upon their exclusively domestic use. The customer must, in any case, and prior to purchasing a product, ensure that it is legally suitable for the use he/she intends to make of it. To this end, there are product descriptions available for consultation through the website. Ocio Moda is not responsible in any case for any claims arising from a use other than that for which the product is intended. The customer acknowledges having been informed by Ocio Moda about the various warnings related to the purchase of products on the website. In particular, but not limited to, the most relevant ones are listed below:

A T-shirt, a textile piece, is a finished product with a load of fibre, seams and flexible fabrics, such as cotton and other substrates, so the measurements indicated are always approximate.
T-shirt patterns have measurements that will help them fit more harmoniously to the customer’s body, there may be variations from customer to customer.
The technical and internal conception of the pieces of the brand is the exclusive responsibility of the manufacturer: in case of the measures of the t-shirts or other manufactured textile garments, they can be conceived in different materials according to the need that arises, collection, etc, which does not affect neither the qualities nor its durability.
Climatic conditions, humidity, exposure to different places, as well as users with high perspiration, who take little care can cause deformation of the products or deterioration of this, which in no case are covered by the brand.
The colour and tone of the photographs of the products shown on the website may vary depending on the monitor on which they are displayed. Similarly, the photographs may suffer variations in tone and contrast due to the lighting conditions at the time they were taken.

PRICES

The sales prices indicated on the website are always shown in euros. VAT is not included in the prices. All products sold on the website are identical to those available in the physical shops. However, for commercial reasons, the price of the product on the website may vary from the price in the physical shops.

SHIPPING AND DELIVERY

Deliveries are only made to Spain, France and Portugal. Shipping costs:

Mainland Spain and Portugal: 2 €.
Canary Islands, Balearic Islands, Ceuta and Melilla: 5 €.
France: 7 €.
Free shipping for orders over 50€ (Only to mainland Spain, Spain and Portugal).

The maximum delivery time varies depending on the type of product purchased and will be specified in the purchase order. The product will be delivered within a period not exceeding 30 working days, except in circumstances of force majeure. Ocio Moda will immediately communicate any obstacle that causes a delay, being able in such a situation, if you wish, to terminate the contract and receive a refund for those products that you have paid for but not received. The delivery period will start to run from the day after the order is confirmed. Up to two attempts will be made to deliver the order to the customer within the delivery period indicated on the order. If the delivery cannot be completed because the customer is not at the delivery address, Ocio Moda reserves the right to cancel the order or to make a surcharge of 49 € VAT included for each additional delivery attempt. The delivery is made at home unless this is not possible as a result of architectural barriers of the property in which case the delivery will be understood to be made at street level. The customer must inform of any architectural barriers which, taking into account the dimensions of the product packaging, may prevent or hinder delivery to the customer’s home. For example: impossible access to the home through doors or windows, access to upper floors made difficult by narrow stairs, any building or furniture barrier preventing access in accordance with the safety regulations for transporters and total guarantee to avoid deterioration of the delivered product. In case of requiring special means, these will always be at the expense of the end customer, both in case of delivery, withdrawal and return. Under no circumstances does Ocio Moda deliver orders by facades. The risk of accidental loss or accidental deterioration of the products will be transferred to the customer or the recipient designated by the customer when the goods are delivered.

RETURNS

To report the return of an order you can do it through the contact form on the website or by calling the free customer service telephone 631795528 where we will tell you the steps to follow.

RETURN THE PRODUCT UNDER THE LEGAL RIGHT OF WITHDRAWAL OF 14 CALENDAR DAYS.

The customer has recognized the right of withdrawal of the purchase made through the website of Ocio Moda, and therefore, if not satisfied may return the product within a maximum period of fourteen calendar days after acquiring possession of the product. To comply with the withdrawal period, it is sufficient that the communication regarding the exercise of this right on your part is sent before the expiry of the corresponding period. The product must be in the same condition in which it was delivered and must retain its original packaging, accessories and instructions for use.

CONSEQUENCES OF WITHDRAWAL

In the event of withdrawal by you, we will refund all payments received, including delivery charges if any (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us or the costs of removing architectural barriers), as soon as possible and in any case no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. The shipping costs incurred by the return as a result of the exercise of the right of withdrawal shall be borne by the customer. We will proceed to make such reimbursement using the same means of payment used by the customer for the initial transaction, unless otherwise chosen by the customer, retaining Ocio Moda the amount to be refunded until we have received and checked the goods. The customer shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

RETURNS PROCEDURE

1- To start the process of returning an order, the first thing you must do is contact us through our web form or by calling our free customer service telephone 631795528. In either case it will be necessary for us to identify the order and the products to be returned correctly, so we will need:

Order number or, failing that, the details of the associated buyer.
Details of the products to be returned.

2- Before sending us the products, you will need to have the return accepted by our Logistics / Returns Department. From there you will be provided with a return code necessary to receive the goods at our facilities. This step is important, as we will not receive returns that have not been previously accepted or without a return code. 3- Once the return has been accepted, you will have to keep the products you want to include in perfect condition and in their original packaging, and send them to the following address: Ocio Moda C/ San Bernardo 27 c.p – 28015 Madrid (Madrid) ATT: Logistics / Returns Reference: Return code 4- Once the products have been received and checked, if everything is correct, we will proceed to refund the amount within approximately 72 hours.