Introduction 

This contractual document shall govern the General Conditions for contracting products (hereinafter, "Conditions") through the oddabrand.com website, owned by MAISON EKAL S.L. under the ODDA trademark, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Conditions will remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by MAISON EKAL S.L.. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable. MAISON EKAL S.L. will file the electronic document where the purchase is formalised and will keep it at the USER'S disposal in case he/she requests it.

The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

• Has read, understands and comprehends what is set out herein.
• Is a person with sufficient capacity to contract.
• Assumes all the obligations set forth herein.

These conditions will be valid for an indefinite period of time and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the merchant is responsible for and is aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.

 

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is MAISON EKAL S.L., with registered office at C/Mina de Sal, 17 Pol.Ind. La Cerámica -, 03330 CREVILLENTE (Alacant), NIF B42611533 and customer service telephone number 695 090 868.

On the other hand, the USER, registered on the website with a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

 

Purpose of the contract

The purpose of this contract is to regulate the contractual sales relationship between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.

The contractual purchase-sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product.

 

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may report them to atencion-cliente@oddabrand.com so that MAISON EKAL S.L. can correct them as soon as possible.

The USER may keep their details up to date by accessing their user account.

 

 

Procedure for purchasing

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.

The USER will select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft thereof or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.

Once the user account has been created, the user is informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.
2. Dispatch and delivery of orders.
3. Right of withdrawal.
4. Complaints and online dispute resolution.
5. Force majeure.
6. Jurisdiction.
7. Overview of the offer.
8. Price and period of validity of the offer.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.

 

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

 

2. DISPATCH AND DELIVERY OF ORDERS

The PROVIDER shall not dispatch any order until it has verified that payment has been made.

Shipments of goods will usually be made by EXPRESS MESSENGER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.

The shipment will be made once the availability of the goods has been confirmed and the payment of the order has been verified.

The delivery time will be between 2 and 6 working days, depending on the destination town and the chosen method of payment. The estimated date of dispatch and delivery will be provided prior to confirmation of the order.

Non-execution of the distance contract

In the event that the contract cannot be executed because the contracted product or service is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

In the event of unjustified delay on the part of the PROVIDER with regard to the refund of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount.

The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete information provided by the USER.

Delivery will be considered to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.

The PROVIDER shall be liable to the USER for any lack of compliance that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of said lack of compliance, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.

The USER shall have the right to suspend payment of any outstanding part of the price of the product purchased until the PROVIDER complies with the obligations established in this contract.

It is the USER's responsibility to check the products upon receipt and to state any reservations and claims that may be justified in the delivery receipt document.

In the event that the contract does not entail the physical delivery of any product, but a download activation on a website, the PROVIDER will previously inform the USER of the procedure to be followed to carry out this download.

 

3. RIGHT OF WITHDRAWAL

Cancellation form: https://oddabrand.com/formulario-solicitud-desistimiento.pdf

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the purchase contract if it is a provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiry date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

The right of withdrawal shall not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007, and which are listed here.

All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by e-mail to atencion-cliente@oddabrand.com, indicating the corresponding invoice or order number.

In the event that the return is not made in the original delivery packaging, the PROVIDER may charge the cost of .....€ to the USER, informing the USER of this beforehand via the same communication channel used.

Once the USER has received the return number, he/she will send the product to the PROVIDER, indicating this number on the delivery letter, with the transport costs at his/her expense, to the address of MAISON EKAL S.L., C/Mina de Sal, 17 Pol.Ind. La Cerámica -, 03330 CREVILLENTE (Alacant).

 

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

Postal: MAISON EKAL S.L., C/Mina de Sal, 17 Pol.Ind. La Cerámica -, 03330 CREVILLENTE (Alacant)

Telephone: 695 090 868

E-mail: atencion-cliente@oddabrand.com

Online Dispute Resolution (Online Dispute Resolution)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict. 

Link to the ODR platform http://ec.europa.eu/consumers/odr/

 

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure has ceased.

 

6. JURISDICTION

The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.

Should any stipulation of these conditions be considered null and void or impossible to fulfill, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way.

The USER declares that he/she has read, knows and accepts these Conditions in their entirety.

 

7. GENERAL TERMS AND CONDITIONS

All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to MAISON EKAL S.L.'s Commercial Proposal or to what is stipulated herein shall have any effect, unless expressly agreed in writing and signed by the PROVIDER, in which case these particular agreements shall prevail.

 

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the product purchased.

The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.

Once the order has been placed, prices will be maintained whether or not products are available.

Any payment made to the PROVIDER will result in the issuing of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent in paper format together with the purchased product. It will be possible to download the invoice in PDF format by accessing the web management panel with the user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.

For any information about the order, the USER may contact the PROVIDER's customer service telephone number 695 090 868 or via e-mail at  atencion-cliente@oddabrand.com.

 

9. TRANSPORT COSTS

Shipping is free with no minimum purchase to any of the countries listed below:

• Italy.
• Spain.
• Portugal.
• France.
• Belgium.
• Netherlands.
• Germany.
• Austria.
• Finland. 

10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and offers the following methods of payment for an order:

• Credit card: Amex, Visa, Maestro
• Google Pay
• Apple Pay

The USER will be able to use a discount coupon prior to the completion of the purchase in case he/she has received it from the PROVIDER.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage the goodwill of the same or negatively influence them.

It is prohibited under the card brands' programmes to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

11. PROCESS OF PURCHASE

Any product from our catalogue can be added to the basket. In the basket, only the articles, the quantity, the price and the total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the basket you can place an order by following the steps below for its correct formalisation:

• Verification of the invoicing data.
• Checking the delivery address.
• Selection of the payment method.
• Placing the order (purchase).

Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department and another to the USER's e-mail confirming that the order has been placed.

Orders (purchase requests)

Prior to the confirmation of the order, information on the status of the order and the approximate shipping and/or delivery date will be provided.

 

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, where the USER fails to comply with the obligations set out in this contract or any applicable legal provision, licence, regulation, directive, code of practice or policy.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

 

13. GUARANTEES AND RETURNS

The guarantees will respond to what is regulated in the Title referred to "Guarantees and after-sales services" of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, which can be accessed by clicking here.

If you wish to personalise this section, you should check that the wording is in accordance with the provisions of the title of GUARANTEES AND AFTER-SALES SERVICES of Legislative Royal Decree 1/2007.

 

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. Any dispute that may arise from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of the USER'S domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.