TERMS OF SERVICE

  1. GENERAL INFORMATION

These Terms of Use (the "Conditions of Use") regulate the access and use of the website hosted under the domain name www.oceanna-clothing.com (the "Web Site") and under any of the subdomains or web pages dependent on it, as well as the contents and services that the owner of the Web Site makes available to its users (the "Users") and establish together with the Privacy and Cookies Policy, related to the management of Users' personal data, the terms and conditions governing the Web Site.

In compliance with Article 10 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, the following identifying data of the owner of the Website are exposed:

IVAN TORRES DE LA TORRE ETA BESTE BATZUK OE, with CIF E05384482, registered office in Arrasate, Spain, Uriburu Kalea 4, Local 1, 20500 and e-mail oceannaclothing@gmail.com is duly registered in the General Treasury of the Social Security of Madrid under the Regime of Limited Company.

  1. OBJECT OF THE CONTRACT

These Terms of Use constitute the entire contract governing the conditions of purchase of the products made available to Users by OCÉANNA CLOTHING on the Website (the "Terms of Use").Products").

Access to the Website or its use by the User, as well as the purchase of any Product, necessarily implies, without reservation, the knowledge and acceptance of these Terms of Use, therefore, it is recommended that the User read them carefully each time he/she wants to purchase a Product.

  1. PURCHASE OF PRODUCTS

3.1. How to buy Products

To order Products, the User must follow the purchase procedure established on the Website, read and accept these Terms of Use and select "Checkout and Pay" (the "Checkout").Order"). OCEANNA CLOTHING will then send an email to the User confirming that the Order has been accepted (the " ").Order confirmation"). The contract between the User and OCÉANNA CLOTHING shall be finally concluded once OCÉANNA CLOTHING has sent the User the Purchase Confirmation. The contract shall only cover those Products indicated in the Order.

Product Availability

All Orders are subject to Product availability. In the event that, once the Shipping Confirmation has been sent, OCÉANNA CLOTHING is unable to provide the Product ordered for any reason, it shall contact the User as soon as possible to inform him/her of this fact. In such case, OCÉANNA CLOTHING may:

(i) offer to the User, without price increase, a product of similar characteristics and specifications to the one initially requested, provided that these are in accordance with the User's needs; and/or

(ii) offer the User to cancel the requested Order by refunding the amount paid for it, within (14) business days.

3.3. Refusal to process an Order

Although OCÉANNA CLOTHING will do its best to always process all Orders, there may be exceptional circumstances that require it to refuse to process an Order after the Order Confirmation has been sent, and OCÉANNA CLOTHING reserves the right to do so at any time, at its sole discretion.

OCÉANNA CLOTHING reserves the right to remove any Product from the Website at any time and to remove or modify any material or content thereof, and shall not be liable to the User or to any third party for the removal of any Product from the Website, whether or not such Product has been sold, or for the removal or modification of any material or content of the Website.

3.4. Product Warranty

All the Products contained in the Website are original OCÉANNA CLOTHING products. All of them have a two (2) year warranty in accordance with the criteria and conditions described in the Royal Legislative Decree, 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

The Products shall be deemed to be in conformity with the Terms of Use provided that they comply with all of the requirements set forth below:

(i) Conform to the description made by OCÉANNA CLOTHING and possess the qualities of the Product that OCÉANNA CLOTHING has presented to the User in the form of a sample or model.
(ii) Are suitable for the uses to which Products of the same type are ordinarily put.
(iii) Are suitable for any special use required by the User when the User has informed OCÉANNA CLOTHING, provided that OCÉANNA CLOTHING has admitted that the product is suitable for such use.
(iv) They present the usual quality and performance of a product of the same type that the User may expect, taking into account the nature of the Product.

In the event that it is proven that the Product does not meet the established specifications, OCEANNA CLOTHING will proceed, where appropriate, to repair, replace, reduce the price or terminate the contract, such steps being free of charge for the User.

OCÉANNA CLOTHING is not liable for damage to the Products that may result from misuse of the Products, as well as for acts or omissions by the User that do not conform to the specifications of each Product or for damage caused by third parties not related to OCÉANNA CLOTHING.

OCEANNA CLOTHING takes the greatest care in the presentation and description of the Products. However, the photographs of the Products are presented for illustrative purposes only. To know the precise characteristics of each Product, you should check the corresponding descriptive data accompanying each Product.

3.5. Delivery of the Products:

Once the Shipping Confirmation has been sent, the Products will be delivered to the address indicated by the User when placing the Order within approximately 24 - 72 working hours from the day of purchase.

OCÉANNA CLOTHING assumes no responsibility when the delivery of the Product does not take place as a result of the data provided by the User being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the User or the retention of the Product in Customs.

Delivery times are approximate, although OCÉANNA CLOTHING tries to meet them.

3.6. Shipping costs

Shipping costs include transport, insurance and customs clearance at origin. For deliveries to countries outside the European Union, customs charges at destination and other taxes (duties) are not included; it will be the recipient who will have to pay them in cash to receive the goods.

Shipping:

Shipping on mainland Spain - 2,5€.

* Free of charge +65 €.

Shipping Balearic Islands -2,5€.

Canary Islands - 30€.

Standard shipping Europe

  • 10 € ZONE 1
  • 15 € ZONE 2
  • 20 € ZONE 3
  • 30 € ZONE 4

Standard shipping USA - 50€.

For other destinations request information at oceannaclothing@.com or in the contact tab.

The consignee shall be responsible for all import charges and taxes incurred at destination customs, whether or not the goods are delivered to him.

We will try to ship the order as soon as possible, but the recipient must take into account the provisions of the country of destination for the importation of the items ordered, since OCÉANNA CLOTHING is not responsible for them. Neither will be attributable to OCÉANNA CLOTHING the effects produced by strikes, war conflicts or other circumstances beyond its control.

OCEANNA CLOTHING will not be responsible for delays in customs clearance or if local authorities decide to confiscate any item contained in a shipment.

3.7. Price and payment of the Products

The prices applicable to each Product shall be those published on the Website on the date on which the User places the Order. Although OCÉANNA CLOTHING tries to ensure that all prices shown on the Website are correct, errors may occur. In the event that OCÉANNA CLOTHING discovers an error in the price of any of the Products ordered by a User, it shall inform the User as soon as possible and give the User the option of reconfirming the Order at the correct price or cancelling it. If OCÉANNA CLOTHING is unable to contact the User, the Order shall be deemed cancelled and the User shall be reimbursed in full for any amounts paid.

OCÉANNA CLOTHING shall not be obliged to supply the User with any Product at the incorrect lower price (even if the Shipping Confirmation has been sent) if the pricing error is obvious and unmistakable and could have been reasonably recognized by the User as the incorrect price.

Prices may change at any time. However, any changes will not affect Products for which OCÉANNA CLOTHING has already sent the Shipping Confirmation.

a) Form of payment :

The User may pay by credit or debit card Visa, Visa Electron, Mastercard, Apple Pay, Google Pay or PayPal. To minimize the risk of unauthorized access, the User's credit card information will be encrypted. Whether payment is made by credit or debit card or via PayPal, the charge will be made at the time OCEANNA CLOTHING sends the Order Confirmation to the User.

b) Value Added Tax (VAT)

The applicable VAT rate will be that legally in force at any given time depending on the specific product in question.

  1. PRODUCT RETURNS AND EXCHANGES

a) Right of withdrawal

In accordance with the applicable regulations, in the event that the User is contracting as a consumer, he/she may withdraw from the contract (except in the cases established by law) and freely return or exchange the Products delivered at any time within fourteen (14) calendar days from the date of delivery thereof (the "Withdrawal period").

Once the relevant inspection of the returned Product has been carried out to the effect that the requirements set forth in paragraph c) below are met and in the event that the User does not decide to make an exchange, OCEANNA will reimburse the User the amount of the Product, except for the shipping costs that will be borne by the User as included in the following table:

Change:

  • Collection of the product by OCEANNA - 12€.
  • Shipment of the Product by the User - 6.95€.

Return:

  • Collection of the product by OCEANNA - 12€.
  • Shipment of the Product by the User - the User shall bear the cost of the return shipment. The amount of the first shipment will be deducted from the return. 

Once the Withdrawal Period has elapsed, no Product returns or exchanges will be accepted. Exchanges will only be accepted for those Products that could have been defective in accordance with the provisions of paragraph b) below.

No returns will be accepted for products purchased during the sales season or during specific promotions; a code will be given for the value of the garment(s) to be exchanged with money to spend in the brand itself. This money does not expire and can be accumulated over time.

b) Return or replacement of defective Products

In the event that the User considers that the Product does not conform to the specifications established for such Product, he/she must contact OCEANNA immediately via email to the contact address oceannaclothing@gmail.com providing the Product data, as well as informing of the defect and whether he/she chooses to return or replace it with an identical Product.

The User may return the Products, at the place where they were delivered, to a courier that OCEANNA will send or return the Product by its own means. Once the relevant inspection of the returned Product has been carried out, OCEANNA will send, within a reasonable period of time, an e-mail to the User informing him/her whether the Product is to be returned or replaced (the "Return or Replacement").Return or Replacement Decision"). In such case, the return or replacement of the Product shall be made as soon as possible and, in any event, within fifteen (15) calendar days from the date of dispatch of the Return or Replacement Decision.

In the event of a return or replacement, OCEANNA will fully reimburse the User the price of the Product including shipping costs. If the User has opted for replacement, OCEANNA will bear all shipping costs.

c) Provisions common to returns

The User must comply with the following requirements to make use of the right of withdrawal, as well as to be able to make returns and replacements of Products:

(i) To arrange for the collection of the Product, the User must first contact OCEANNA by sending an email to the contact address oceanna@testingoceanna.glassagencia.com;
(ii) The User may prove the exercise of the right of withdrawal in any manner permitted by law, being considered in any case validly exercised by returning the Product;
(iii) The Product must be returned in the same condition in which it was received. OCEANNA will not refund any amount if the Product has suffered any damage, so the User must be careful with the Product while it is in its possession; and (iv) The Product must be returned in the same condition as it was received.
(iv) The refund will be made in the same means of payment that the User used to pay for the Product.

               5. USE OF THE WEB SITE

Users agree to use the Website in accordance with the law, morality, generally accepted good customs and public order. Users agree to refrain from using the Website for illegal purposes or effects, contrary to the provisions of these Terms of Use, harmful to the rights and interests of OCEANNA or third parties or in any way damage or impair the image or reputation of OCEANNA or prevent the normal use or enjoyment of the products and services offered by OCEANNA on the Website.

  1. INTELLECTUAL PROPERTY

All the information contained in the Web Site, including its graphic design and source code, are protected by copyright and other rights contained in the Royal Legislative Decree 1/1996, of April 12, 1996, which approves the Revised Text of the Intellectual Property Law, and the rest of the rules governing Intellectual Property.

These rights belong exclusively to OCEANNA, therefore, any act of reproduction, distribution, transformation or public communication, as well as any type of transfer, of all or part of the contents of the Website, and in general any act of exploitation of all or part of the contents (images, texts, design, indexes, forms, etc.), as well as the databases and software necessary for the visualization or operation of the same and any object that according to current legislation is protectable by the rules of intellectual property is expressly prohibited.

Users may not under any circumstances exploit or use commercially, directly or indirectly, in whole or in part, any of the contents that make up the Website without the prior written permission of OCEANNA.

Authorization for the use of any content of the Website may be requested to the email address oceanna@testingoceanna.glassagencia.com. The provisions of the preceding paragraphs shall not imply in any case the assumption of responsibility by OCEANNA on the content, nor shall it generate any right to compensation for Users or third parties.

  1. INDUSTRIAL PROPERTY

You may not use the trademarks, trade names, business signs, names, logos, slogans or any type of distinctive sign displayed on the Website and belonging to OCEANNA, and specifically, the word "OCEANNA", without prior written permission from OCEANNA.

  1. LINKS TO THIRD PARTY WEBSITES

The links contained in the Website, referring to advertising or other content, and whose ownership or responsibility corresponds to third parties other than OCEANNA, are not the responsibility of OCEANNA, who in no case is obliged to control or approve the services, content, data, files, products and any kind of material on the page or web pages of third parties. Therefore, OCEANNA is not responsible, under any circumstances, for the legality of the contents of such page/s, being the sole responsibility of the third party all that concerns the content of the link, especially respect for the law, morals, good customs and public order. The existence of links does not imply any kind of relationship between OCEANNA and the owner of the website where the link is established.

  1. DISCLAIMER OF LIABILITY

OCEANNA disclaims all liability relating to:

(i) The operation of the Website, including causes of force majeure, or any other beyond the control of OCEANNA, which is not fully operational, or eventually lacks the minimum functionality to manage the relevant service.
(ii) Possible errors or security deficiencies that may occur due to the use, by the Users, of a browser of an outdated or insecure version, as well as the activation of the password conservation devices or identification codes of the User registered in the browser or the damages, errors or inaccuracies that may result from the malfunctioning of the same.
(iii) For direct or indirect damages that may be caused by the information transmitted or communicated on the Web Site or in its electronic communications, including but not limited to technical or human errors in the published data.
(iv) Damages, including without limitation, direct or indirect, incidental or consequential damages, losses or expenses arising in connection with this Web Site or its use or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system or line failure.

The User shall be liable for damages of any nature for illegal or fraudulent acts as well as those damages that OCEANNA or its Users may suffer as a result, directly or indirectly, of the breach by the User of these Terms of Use, reserving OCEANNA those actions to which it is entitled before the relevant judicial or police authorities.

Although it uses its best efforts, OCEANNA cannot guarantee Users continuous and uninterrupted access to and use of its Website.

  1. MODIFICATIONS

OCEANNA has the right to review and modify these Terms of Use at any time. The User will be subject to them at the time of acceptance, unless by law or decision of government agencies OCEANNA must make changes retroactively, in which case any changes will also affect the Orders that the User had previously requested.

  1. CONTACT AND WRITTEN COMMUNICATIONS

Applicable regulations require that some of the information or communications that OCEANNA sends to the User be in writing. By accepting these Terms of Use, the User agrees that most communications with OCEANNA will be electronic. OCEANNA will contact the User via email or by posting notices on the Website. The User consents to use this electronic means of communication and acknowledges that all notices, information and other communications that OCEANNA sends electronically comply with legal requirements to be in writing.

For any questions or incidents related to the Orders, the User should contact OCEANNA by sending an email to the following address oceannaclothing@gmail.com.

  1. JURISDICTION AND APPLICABLE LAW

The operation and use of the Website and these Terms of Use are governed by Spanish law. To the extent permitted by law, OCEANNA and the User, expressly waiving any other jurisdiction that may apply, agree to submit to the jurisdiction of the Courts and Tribunals of Madrid (Spain).