Terms & conditions

1. GENERAL INFORMATION

These General Conditions of Use, Selling Conditions and Privacy Policy regulate access to and use of the Web site www.ocoly.com ("Web Site"), which the company YBARRACOLOGAN SL (from now on OCOLY) with place of residence at C/ Monasterio de Montesclaros, 9, Portal E, 4th-2 (Madrid) holds.

Through its site www.ocoly.com, OCOLY provides information about its products and offers the possibility of acquisition. Due to the content and purpose of the Web site, people who want to benefit from its services should have the status of "Customer", which is acquired by completing the registration form and following the steps OCOLY subsequently communicates via email. Customer status implies adherence to the Terms of Use as published at the time you access the Web Site.

In any case, there are pages of the web accessible to individuals or legal entities that do not yet register or initiate a purchase of a product ("Users"). In this sense, users who access these parts of the Website agree to be subject to the terms and conditions contained in these Terms and Conditions, to the extent it may be applicable to them.

2. PRODUCT INFORMATION

PURCHASING PROCESS

To place orders for products you must follow the purchasing procedure established in the Web, then read and accept the terms of service and finally select "proceed to payment". Then, we will be sent an email confirming that the order has been accepted.

AVAILABILITY

All orders are subject to product availability. In case you have received a confirmation email for your order and the product is not available for whatever reason we will contact you as soon as possible. In that case, OCOLY may:

(A) Provide a similar product, if they meet the customer needs.

(B) Return the amount paid within (14) business days.

PRICES & PAYMENTS

All prices of products listed on the website include the legally applicable VAT. However, these prices do not include the delivery cost, which are listed separately and must be accepted by the Customer. Likewise, for orders in countries outside the European Union, prices do not include the destination customs expenses and other taxes (tariffs); the recipient will have to pay in order to receive the product.

You can pay by credit or debit cards Visa, Visa Electron, American Express, MasterCard or PayPal. The card is charged once OCOLY sends the order confirmation email to User.

The prices applicable to each Product will be published on the website on the date on which the User makes the Order. Although OCOLY tries to ensure that all prices listed on the website are correct, errors may occur. In case OCOLY detect a mistaken price in an order, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If OCOLY fails to contact the user, the order will be cancelled and the user will be fully refunded the amounts they had paid.

OCOLY will not be obliged to provide the User any Product in an incorrect lower price (even if you Order Confirmation has been sent) if the pricing error is obvious and could be recognized reasonably by the user as incorrect price.

3. CHANGES AND RETURN OF PRODUCTS

CHANGES OF PRODUCT

Products purchased in OCOLY can always be changed if it does not exceed a maximum of 14 working days from the date of delivery and meet the following requirements:

(1) The product must be in the same conditions under which it was delivered.

(2) It must retain its original packaging to protect the product.

The procedure for deliveries in Spain (Peninsula) is as follows:

(i) The client must log in at OCOLY and request the change of product.

(ii) Once the request is received, we will send a courier to collect the product.

(iii) If the product is in perfect condition, we will be give the customer a coupon with the same value of the product returned (delivery cost not included) so you can place a new order and send the new product if we still have in stock.

In case of changes from outside Spain (Peninsula) the procedure is the same except in point (ii). In this case; the customer will have to send the product to our offices in Madrid. OCOLY is not responsible for shipping times or losses by the carrier chosen by the customer.

ORDER CANCELLATION

OCOLY will accept order cancellation if requested before the shipment of the order. To request the cancellation you have to email to ocoly@ocoly. 

MISTAKEN OR DEFECTIVE PRODUCT

In case that the customer receives an incorrect or defective product the customer has 48 hours (from the moment the product is delivered) to request the change at ocoly@ocoly.com. The product has to be unused and in the original packaging. OCOLY will send a courier to collect the product and once the product is checked, the customer will receive the option of a total refund or receive a similar product. The costs of collection and subsequent delivery if the customer chooses so, will be supported by OCOLY.

4. USE OF THE WEB

Users agree to use the Website in accordance with the law, morals, good manners generally accepted. Users are obliged to refrain from using the Website for illegal purposes, contrary to the clauses in these Terms of Use, violate the rights and interests of OCOLY, and in any case damage OCOLY´s image or reputation or prevent the normal use or enjoyment of the products and services offered by OCOLY on the website.

5. INTELECTUAL AND INDUSTRIAL PROPERTY

OCOLY owns all rights of the design, content and source of this Web page code and, particularly, the photographs, images, texts, logos, designs, trademarks, trade names and data included in the web. OCOLY warn to the Customers and Users that these rights are protected by Spanish and international legislation. Furthermore, the content of this site is also considered computer program, and therefore, it is also applicable throughout the Spanish and European Community legislation in force on the subject.Total or partial reproduction of this website or any of its contents, without the express written permission of OCOLY is expressly prohibited. In addition, copying, reproduction, adaptation, modification, distribution, marketing, public communication and / or any other action that involves a violation of the Spanish legislation and / or international intellectual property and / or industrial also is strictly prohibited and the use of web content except with the prior express written permission of OCOLY. Finally, OCOLY reports that it does not give any license or permit regarding the intellectual property rights and / or industrial or any other right or related, directly or indirectly owned, with the contents on the Web.

6. PRIVACY POLICY

In compliance with the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Data, YBARRACOLOGAN SL informs you that the data provided by the user through the different forms included in the web site: www.ocoly.com will be processed in files owned by YBARRACOLOGAN SL, which, for legal purposes, is identified as responsible for them. 

OCOLY (YBARRACOLOGAN SL) informs you that the collection of their personal data occurs with the purpose of managing and processing each of the services requested by the user and to maintain contact and keep you informed of our offers, products, services and promotions.

The user declares, under its responsibility, that he has read this paragraph in full, deemed known and accepted expressly and fully from the time when a shipment data is performed through the forms on the Web site: www.ocoly.com. If the user does not agree with the content of this paragraph, he/she shall abstain to proceed with order, and therefore we would appreciate to re-read it before submitting any of the aforementioned forms. 

In any case, the user may exercise rights of access, rectification, cancellation and opposition of their personal data, under the terms established in the LOPD, to the following email address addressing ocoly@ocoly.com

7. OUR RESPONSABILITY 

OCOLY does not assume any responsibility, including but not limited to:

The use that customers or users may do with the materials of this website or linked websites, already prohibited or permitted, in violation with the intellectual and / or industrial property rights of the contents of the Web or third parties.

Any damages to Customers or Users caused by normal or unusual operation of the search tools, organization or location of the content and / or access to the Web and, in general, errors or problems arising in the development or implementation of the technical elements that the website or a program provided to the user.

The contents of those pages that customers or users may access from links in the Web, whether authorized or not.

The acts or omissions of third parties, even if these third parties may be connected contractually with OCOLY.  

The access of minors to the content included on the Web, being the responsibility of their parents or guardians to exercise proper control over the activity of their children or minors or install any of the tools to control Internet use in order to avoid (i) access to materials or content not suitable for minors, and (ii) sending personal data without prior authorization from their parents or guardians.

The communications and dialogues in the debates, forums, chats and virtual communities that are organized through or around the Web and / or linked websites. Therefore, OCOLY disclaims for any damage and prejudice that Customers or particular users and / or groups may suffer as a result of those communications and / or dialogues.

OCOLYwill not assume any responsibility in any case when: 

Errors or delays in the access to the Website by the Customer when entering your information in the order form, the slowness or inability to receive the confirmation order or any anomalies that may arise when these incidents are due to problems on the Internet, fortuitous events or force majeure and any other unforeseeable contingency beyond the good faith of OCOLY.

Failures or incidents that may occur in the communications, defaced or incomplete transmissions so that there is no guarantee that the website services are constantly operational.

Of the errors or damages caused to the website for use of inefficient service and bad faith by the Customer.

Of non-operational or problems with the email address provided by the Client for sending order confirmation.

In any case, OCOLY promises to solve the problems that may arise and to provide all necessary support to Customer to reach a quick and satisfactory resolution of the issue.

In addition, OCOLY has the right to perform promotional campaigns to encourage the registration of new members in their service during defined time intervals. OCOLY reserves the right to modify the conditions of the promotions, extend them communicating properly, or proceed to the exclusion of any of the participants of the promotion in the event when it is detected any abnormality, abuse or unethical behaviour in the participation.

8. NULLITY

If any clause of these Terms of Use is declared invalid, the remaining clauses will remain valid, and it will be interpret taking into account the will of the parties and the purpose of these Terms of Use.

OCOLY may not exercise any of the rights and authorization conferred on this document. However, it does not imply, in any case, the resignation of these rights unless expressly recognized by OCOLY or statute of limitations applicable in each case.

9. MODIFICATIONS OF TERMS OF USE 

OCOLY reserves the right to modify at any time the presentation and configuration of the Website, and the present General Conditions. Therefore, OCOLY recommends the Customer to read them carefully each time you access the Web Site. Customers and Users will always have these Conditions of Use in a visible location, freely accessible to all queries you may have. In any case, the acceptance of the Terms of Use will be an essential step and requirement to purchase any product available through the Web Site.

10. APLICABLE LAW AND ARBITRAGE

These Terms of Use are governed by applicable Spanish legislation. To resolve any dispute or conflict arising out of these Terms of Use, the parties submit to the jurisdiction of the courts of the city of Madrid, unless the law imposes another jurisdiction.