OFICHAIRS TERMS AND CONDITIONS
1 Prior information
These Terms and Conditions of Use (hereinafter, the "Terms and Conditions") shall regulate the purchase and sale of the products that DECO ONLINE SANT BOI, S.L. (hereinafter, “OFICHAIRS”) sells on its Website https://www.ofichairs.com/ (hereinafter, the “Website”).
OFICHAIRS details are as follows:
Company name: DECO ONLINE SANT BOI, S.L.
Address: Carretera de Barcelona, 34-40, 08210, Barbera del Valles, Barcelona
Tax Identification Number: B-65686651
2 Acceptance of the Terms and Conditions of Use and access to the Website
By using the services offered on this Website, you hereby accept these Terms and Conditions, which set out the rights and obligations of the OFICHAIRS Website. These are the only Terms and Conditions applicable to using the Website (notwithstanding that for certain services there may be special conditions) and placing orders through the Website and which replace any other conditions.
We refer to “Users” of the Website as any person registered or using the Website. Anybody can register or use the Website as long as they accept the Terms and Conditions along with all other policies and principles governing the Platform which are detailed below.
The Services provided on this Web Site are governed by: (i) these Terms and Conditions; (ii) the Special Conditions that may be published on the Website (iii) the laws in force and applicable, industry regulations and the general criteria and practices.
User registration is not required to access the Website. However, in order to purchase any of the products offered by OFICHAIRS, users will need to register beforehand and are subject to prior verification and acceptance by OFICHAIRS, in accordance with these conditions, before the corresponding order is placed.
3 Acceptance of the Special Conditions
Access to certain content and the use of the services may be subject to certain special conditions, which, depending on the case, shall replace, complete and/or modify these Terms and Conditions and, in the event of discrepancy, the terms of the specific conditions shall prevail over the General Conditions.
Before using and/or requesting such specific services offered through OFICHAIRS´ Website, Users should carefully read the special conditions drawn up, where applicable, for this purpose by OFICHAIRS. Using, reserving and/or requesting such specific services, implies the acceptance of the special conditions that govern them in the version published by OFICHAIRS at the time of such use, reservation and/or contracting through the Website.
This Website has been developed by OFICHAIRS in order to offer users the possibility of acquiring all types of office chairs, ergonomic chairs and high-quality "gaming" and designer chairs (hereinafter, the “Products”).
When choosing OFICHAIRS´ Products, the user must choose the corresponding Product that is available on the Website. The purpose of these general conditions is to govern the sale of these Products to users.
5 Customer Service
The OFICHAIRS webiste offers the User the possibility of contacting the Customer Service Department by telephone on 900 909 200 or by email to email@example.com for any issues or question that may arise in relation to the content contained in these Terms and Conditions.
6 User account
The Website offers Users the possibility of creating an account by means of an online form that must be filled in with the required data.
In this regard, the User shall be responsible for the use of his/her User account.
Users must provide full, truthful and up to date details as requested in the Website´s registration area. Among other aspects, the user must indicate, in the registration application form, his/her contact details (name, surname, delivery address of the Product, telephone number, e-mail address, method of payment, etc.).
In this regard, in relation to the account that the User creates on the Website, the User shall be fully responsible for the management and use thereof.
Consequently, the user is responsible for the adequate custody and confidentiality of the user name and/or passwords that allow him/her to access his/her account, and agrees not to transfer the use thereof to third parties, whether temporarily or permanently, nor to allow access to them by third parties.
By virtue of the foregoing, the user must immediately notify OFICHAIRS at the email address firstname.lastname@example.org of any misuse of their contact details (user name and/or password, etc.), due to circumstances such as theft, loss or unauthorised access, in order for OFICHAIRS to proceed to the cancellation or blocking and/or disqualification thereof as soon as the user becomes aware of the improper use of his/her user account.
Until such information is reported, OFICHAIRS shall be exempt from any liability that may arise from the misuse of usernames or passwords by unauthorised third parties.
7 Using the Website
Users undertake to make lawful, diligent, honest and correct use of all information or content accessed through the Website, and to do so in good faith and at all times in accordance with current legislation and these Terms and Conditions.
OFICHAIRS reserves the right to block Users who are deemed to be misusing their account, carrying out fraudulent activity, or who harm or are likely to harm OFICHAIRS.
In the event that OFICHAIRS detects any anomaly or there are reasonable grounds to believe that a User is engaging in any fraudulent activity that contravenes good faith and these Terms and Conditions, OFICHAIRS reserves the right to terminate that User´s account, including any Users who have benefited directly or indirectly from such activity, and may take such other legal action as deemed appropriate. In this regard, OFICHAIRS hereby declares that it has put in place the appropriate mechanisms to detect any possible fraudulent, anomalous or fraudulent activity that may attempt to alter the general conditions of use of the account by users.
OFICHAIRS reserves the right not to allow an account to be registered when it has reasonable and substantial grounds to suspect that a user has violated these Terms and Conditions.
8 Orders and conditions of sale
OFICHAIRS offers its services throughout the territory of the European Union (hereinafter referred to as the “EU”) in particular in Peninsular Spain (including the Balearic and Canary Islands), Metropolitan France (including Corsica), the Netherlands, Italy (including Sardinia and Sicily), Portugal, Belgium, Germany.
To make a purchase, users must fill out the purchase form on the Website or through their user account.
In the event that a User not resident in the territory of the EU would like to purchase the Products offered on the Website, he/she should contact OFICHAIRS by e-mail: email@example.com , so that OFICHAIRS may assess shipping the Product to the User´s country of residence.
Under no circumstances shall OFICHAIRS intentionally offer products it does not have or more units than it has in stock In the event that the Product is not in stock after the order has been placed, the User will be informed, offering him/her the possibility to delay delivery or replace the Product with a similar one, or failing that, be offered a full refund.
9 Prices and method of payment
All prices of the Products indicated through the Website are expressed in Euros and include VAT or any other equivalent or indirect tax that may replace it, as well as other taxes that may apply.
As for the method of payment, the User may pay the amount corresponding to his/her order by one of the payment methods accepted on the Website:
• Debit or credit card
• Bank transfer
• Cash on delivery
OFICHAIRS reserves the right to ask the User for a specific form of payment in cases where the identity of the buyer is difficult to ascertain or doubtful.
Within a maximum of twenty-four (24) hours, OFICHAIRS will send an email to the User, confirming the details of the purchase made. This e-mail will include a reference code for the purchase, and will provide details on the characteristics of the Product, its price, shipping costs and details of the option chosen to pay for the Products purchased, as well as the corresponding invoice or receipt once the order has been formalised, in other words, after acceptance of these Terms and Conditions and the corresponding payment.
Users are ensured that the payment process is carried out with absolute security, in accordance with the protocols and security services required by the applicable national and European regulations.
The User must notify OFICHAIRS of any undue or fraudulent charges on the card used to make purchases, by sending an email to the following email address: firstname.lastname@example.org as soon as possible so that OFICHAIRS can make the appropriate arrangements in relation to the particular case.
10 Information about OFICHAIRS Products and Services
The data included on the Website in the descriptions of the Products are merely for information purposes.
Therefore, OFICHAIRS shall not be held responsible for the inclusion of errors in such information, although it undertakes to take all measures within its power to correct such errors or omissions as soon as possible after being informed thereof.
11 Deadlines, delivery, shipping costs and losses
11.1 Product Delivery
OFICHAIRS undertakes to deliver the Product in perfect condition to the address indicated by the User. In order to optimise delivery, the User must indicate an address to which the order can be delivered during normal working hours.
Nevertheless, OFICHAIRS shall not be held liable for errors caused in the delivery of the order when the delivery address entered by the User in the order form is inaccurate, does not correspond to reality, is false or has been omitted.
If the recipient is absent at the time of delivery, the courier will leave a notification, indicating how to go about arranging a new delivery. If it is not possible to leave the notification, the courier shall try to contact you by telephone. If it is not possible to establish contact through the latter, we will send you an e-mail to the address you provided during the purchase process, indicating the courier´s telephone number so that you can arrange delivery.
Notwithstanding the foregoing, OFICHAIRS undertakes to take such measures as are within its power to ensure that orders are delivered within the agreed term, and if not, as soon as possible, to the recipient´s satisfaction.
11.2 Delivery time and notification
The User must take into account that, at certain periods of the year, the delivery time of shipments (such as, for example, summer months, Christmas time, Black Friday, etc.) could be affected due to transport operating at full capacity. Therefore, it is recommended to reserve and/or purchase the products, sufficiently in advance so that they arrive at their destination on the dates desired by the User.
OFICHAIRS informs you that it will not make deliveries on Saturdays and Sundays or on national or regional bank holidays, or on days that coincide with local bank holidays that could affect the related transport activities.
In the event that the User cannot be located at home, the courier will leave a notification indicating where the order is located and how to pick it up.
11.3 Shipping methods
OFICHAIRS offers an Express Delivery Service for all shipments.
This method of delivery is carried out by urgent courier companies and is delivered at street level or at the main door of the User´s home or business.
OFICHAIRS, through this service, guarantees the delivery of the Products within 3 to 5 working days from the time the order is placed, provided that the Product(s) are in stock.
11.4 Diligence in delivery
The User must check that the package is in a good condition, look out for visible damage to the packaging, upon delivery of the product by the courier.
If the User detects any anomaly in the Product, he/she must indicate this on the delivery note and, in turn, inform OFICHAIRS by email at the following address: email@example.com or contact the Customer Service Department on 900 909 200 or by email to firstname.lastname@example.org within 48 hours after receipt and/or assembly and installation of the Products, in order to proceed with an exchange or refund according to the conditions set forth in the following section.
12 Changes, Returns and Right of Cancellation
12.1 Returns due to damages and manufacturing defects.
All products offered through the Website will be brand new and original, unless otherwise indicated in their description. Furthermore, all of them will have a 2-year guarantee period from the date the product is delivered, as described in Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees. This guarantee will be provided by the supplier of the product.
OFICHAIRS customers benefit from the guarantee given by the various manufacturers of each product. Defects or damage due to incorrect use or handling of the Product are not included in this guarantee. Impairments in the functionality of the articles, due to design limitations, are also excluded from the coverage of this guarantee.
All perishable components and parts subject to wear and tear, such as wheels, fittings, hydraulic components, controls, electrical and/or electronic elements, pistons, etc., are expressly excluded from the guarantee.
During the guarantee period, the User may return any product with a manufacturing defect to OFICHAIRS, free of charge. To formalise the return, the User must contact OFICHAIRS using the form available in the corresponding section of the Website, indicating the product or products to be returned and providing a detailed list of the defects found in them. Upon receipt of such communication, OFICHAIRS´ customer service team will process the corresponding exchange or refund of the Product at no cost to the User.
In the event of a defective product, OFICHAIRS shall, as appropriate, repair, replace, reduce the price or terminate the contract, the costs of which shall not be born by the customer. The customer must inform the seller of the lack of conformity within two months of becoming aware of it.
12.2 Withdrawal, Changes or Returns.
In the event that the User is not satisfied with the Product received, the User, in accordance with Article 9 of Directive 2011/83/EU of 25 October 2011 on consumer rights, shall have a period of 14 calendar days to return it, exercising his/her right of withdrawal, from the date of material acquisition of the product, without any penalty and without the need to provide an explanation.
When returning the Product, the User must bear the direct cost of returning the order.
To formalise the return, the User must complete and send the withdrawal form to the email address email@example.com which can be found at the bottom of these Terms and Conditions as ANNEX 1, which serves as an unambiguous withdrawal/declaration form. Upon receipt of this communication, OFICHAIRS´ customer service team will inform you of your request number and how to proceed with the exchange or return.
To exercise your right of withdrawal, you must send, together with the withdrawal form, several photographs of the product, indicating the order number and the reason for return.
The User must state the economic solution he/she wishes; whether a Replacement chair, refund through the chosen payment method or a voucher for the OFICHAIRS Website.
Once your request has been received, OFICHAIRS will get in touch with you.
Each product to be returned must be in perfect condition, unused and with all its parts, packaging and, where appropriate, documentation and original accessories that came with it, as well as including the withdrawal form duly completed and a copy of the delivery note or invoice. If the Product is not returned in its original packaging, OFICHAIRS reserves the right to accept the return or charge the User for the cost of packaging and reconditioning the chair.
Upon receipt of the product, OFICHAIRS shall proceed to refund any amounts paid as soon as possible, and in any case within twenty (20) days of receipt of the product in OFICHAIRS´ warehouses.
Should the User decide to change the Product he/she has purchased, he/she must inform OFICHAIRS by sending an email to: firstname.lastname@example.org within 14 calendar days of receipt of the Product.
Upon receipt of the email, OFICHAIRS shall proceed to verify if the Product the User wants to exchange it for is in stock.
As soon as OFICHAIRS verifies such availability, it will contact the User to indicate the availability of the Product that the User has requested, as well as when the Product will be delivered, in the event that OFICHAIRS has a Product with the characteristics required by the User.
In the event that OFICHAIRS confirms the availability of the Product which is the subject of the exchange, the User must send the Product back to OFICHAIRS, so that OFICHAIRS can verify that the Product is in perfect condition.
The User is hereby informed that the Product to be exchanged must be in perfect condition, unused and with all its labels, packaging and, where applicable, documentation and original accessory elements that came with it.
The delivery time of the new Product will depend on whether it is currently in stock or not.
When the courier delivers the Product to the User in accordance with the exchange he/she has requested, the User must provide the courier with the printed document confirming the exchange, which OFICHAIRS will send to the User once it has confirmed that the Product subject to the exchange is in perfect condition.
The User may exchange the Product free of charge, except for shipping costs.
Specific conditions for returns due to withdrawal of purchase.
If the order has not been processed and delivered to the carrier, the User will be refunded the amount paid within 10 working days after confirmation via e-mail of the withdrawal from the purchase. Reimbursement will be made, whenever possible, by the same payment method used in the purchase without the need to pay transport costs
For orders delivered that you wish to return, the refund will be made within 20 working days after the returned product has been returned to OFICHAIRS´ warehouse and it has been verified that it is in a good condition. Reimbursement will be made, whenever possible, by the same payment method used in the purchase without the need to pay transport costs.
In the exercise of the right of withdrawal for seating products, the User must comply with the conditions of this section, ensuring that the Product and all its elements (parts, assembly elements, upholstery, spare parts if any, etc.) are sent back in the same conditions in which they were received.
If the original packaging is not kept, the Product may be subject to depreciation when returned.
OFICHAIRS shall refund the purchase price upon receipt of the Products at OFICHAIRS´ premises and verification of their condition.
Specific Conditions for Returns due to Shipping Failure/Error.
In cases where the product sent and received by the User does not correspond to the product purchased by the User, OFICHAIRS undertakes to replace the incorrect product. The User has a period of 48 hours from receipt of the order to notify OFICHAIRS of such incidents.
The costs of collection and replacement shall be borne by OFICHAIRS. It is the customer´s responsibility to maintain the original packaging and to pack the product correctly so that the courier company can pick up the package. Poorly packaged products may imply additional return costs.
OFICHAIRS does not grant any guarantee nor is it responsible, in any case, for damages of any nature that could derive from the access or use of the contents or the Website. Amongst others, and not limited thereto, OFICHAIRS shall not, in the following circumstances, be held liable for:
• Loss, damage, retention or delay in the delivery of the order due to fortuitous causes, force majeure or actions attributable to the User;
• The lack of availability, maintenance and effective operation of the Website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of operation of the Website, such as, for example, errors or delays in accessing the Website by the User when entering their details on the order form, the slowness or impossibility of the recipients to receive the order confirmation, or any anomaly that may arise and which is beyond OFICHAIRS´ good faith;
• The lack of usefulness of the Website or the contents for any service;
• The content of other Websites to which links may be directed or inserted in the OFICHAIRS Website;
• The existence of viruses, malicious or harmful programs on the Website; and
• The illicit, negligent, fraudulent use, contrary to these Terms and Conditions or good faith, of the Website or its content by Users, including any infringement of the intellectual and/or industrial property rights of OFICHAIRS or third parties.
In any case, OFICHAIRS is committed to solving the problems that may arise and to offering all the necessary support to the User in order to reach a quick and satisfactory solution to the issue.
14 Intellectual Property
All rights to the content, design and source code of this Website, and in particular, but not limited to, all rights to the photographs, images, text, logos, designs, trademarks, commercial names, data included in the Website and any other intellectual and industrial property rights are owned by OFICHAIRS, or by third parties who have expressly authorised OFICHAIRS to use them on its Website.
Therefore, and by virtue of the provisions of Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the digital single market and amending Directives 96/9/EC and 2001/29/EC, and Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark and supplementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, public communication, including making available, of all or part of the content of the Website, on any support and by any technical means, is expressly prohibited, unless expressly authorised in writing by OFICHAIRS.
OFICHAIRS does not grant any license or authorisation of use of any kind over its intellectual and industrial property rights or over any other property or right related to the Website, and in no case shall access and browsing by Users imply a waiver, transfer, license or total or partial assignment of such rights by OFICHAIRS.
Any use of such content not previously authorised by OFICHAIRS shall be deemed a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.
The entry into force of the modifications to the terms and conditions will take place from the moment of their publication on this Website.
16 Nullity and effectiveness of the clauses
All the clauses or extremes of these conditions of use must be interpreted independently and autonomously, with the rest of the stipulations not being affected in case one of them has been declared null and void by a judicial sentence or final arbitration resolution. The affected clause or clauses will be replaced by another or others that preserve the effects sought by the Terms and Conditions.
17 Right of exclusion
OFICHAIRS reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or that of a third party, to those users who do not comply with these Terms and Conditions.
18 Applicable law and jurisdiction
These Terms and Conditions are subject to European legislation. The parties submit to the Courts and Tribunals of the User´s place of residence.
Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of online consumer disputes, OFICHAIRS hereby informs you that, in the event of a dispute, users resident in the European Union may have recourse to the "Online Dispute Resolution Platform" developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by OFICHAIRS.
The Customer User can access the "Online Dispute Resolution Platform" via the following link: http://ec.europa.eu/consumers/odr/