1.- PRIOR CONSIDERATIONS
This document regulates the general terms and conditions to use the OBLUMI website as well as the potential business relationship that may arise between OBLUMI SL and the consumers that purchase online the products offered in the following link: www.oblumi.com.
OBLUMI SL states that this purchase method of its products is reserved to those customers that give OBLUMI’s products a domestic use, i.e. independently from their businesses and/or economic activities. If the person interested in the product is a professional individual or company, he shall purchase it through the online sale service at the following link: www.oblumi.com/distribution for professionals and companies.
The customer confirms:
- That the OBLUMI products that are sold through this channel are for domestic use.
- That such products have been subject to trial-and-error processes in accordance with the appropriate standards and protocols.
- That the warranty offered by OBLUMI for its products are limited by their domestic use.
- That he shall, prior to purchasing an OBLUMI product, ensure that such product is fit for the use required, which can be confirmed by reading the product description available online at www.oblumi.com. OBLUMI shall not be responsible for the potential claims that may arise out of the misuse of a product for purposes different from what the OBLUMI product was made for.
OBLUMI may, at all times and without prior notice, change this General Contracting Terms. In order to do so, publishing any such changes online at www.oblumi.com will suffice, so that they can be made available to customers, who shall read them each time that they access OBLUMI’s website. The acceptance of such terms is an essential prerequisite to acquire the product.
2.- OBLUMI SL IDENTIFICATION.
This website is operated under the OBLUMI name by:
OBLUMI SL, CIF B90155789, domiciled at Pol. Industrial Santa Clara de Cuba Avda. Santa Clara de Cuba, 4. Nave 18 41007 Sevilla, registered in Seville’s Mercantile Registry, under Volume 5909, Folio 140, Page SE02459.
3.- CONSIDERATIONS PRIOR TO CONTRACTING
OBLUMI represents that the purchase process of the products offered through its online sale services is described at the following link: www.oblumi.com.
The customer may, always before contracting and/or during the purchase process, inquire, file and print these general contracting terms.
These contracting terms will be available in Spanish and English.
All personal data provided by the customer when using this portal will be treated in compliance with OBLUMI’s privacy policies.
The customer expressly acknowledges and accepts the foregoing by signing and sending the product order form to OBLUMI.
The customer expressly acknowledges to be of age and to have full legal capacity to use these online sale services, subject to the General Terms established herein, which he also acknowledges to fully understand and accept.
These services will be available to all customers located within the European Union.
4.- TECHNICAL NAVIGATION INFORMATION
a) Cookies Policy
Cookies are information files that the server sends to a person’s computer who visits a website. Cookies are used to make web navigation simpler and faster. Simultaneously, they can also be used to learn a customer’s navigation habits. In accordance with the provisions set forth in the Royal Executive Order No. 13/2012, of 30 March, the customer’s consent will be necessary to install cookies whenever these store information. Those cookies that are only meant to simplify web navigation will not require such consent. The customer will receive clear and complete information beforehand in connection with cookies whenever his consent be necessary.
The cookies used at www.oblumi.com are temporary.
5.- PURCHASE PROCESS
5.1.- Prior assistance
OBLUMI offers online support that provides information about the product, its features, availability, price, as well as any other additional information concerning the payment method, delivery terms and/or about any specific aspect of this General Contracting Terms.
The customer will access this online support through the next link: www.oblumi.com/support, indicating the email to which he would like to receive a reply to his inquiries.
5.2.- Form Completion
The customer will fill in the form with the buyer’s data, ensuring the truthfulness and the accuracy of the data provided, undertaking the obligation to inform the company immediately of any modification thereto. The customer will have the possibility to enter a password so that the system can save his data for future purchases.
5.3.- Request generation and product selection
Once the Customer Account is activated, requests can be processed. For such purposes, the customer will have to accept the General Contracting Terms. Otherwise, the purchase process will not be able to be completed. The customer may buy without registration, but he will have to enter the data during the purchase process.
When generating the order, the customer must select which products he wants to buy.
In any case, the customer expressly declares:
– That he knows that he must access the literal description of the products appearing on this website. If in doubt about this, the customer must contact OBLUMI by calling customer service.
– To have read the products’ features available online.
– That he knows that the prices of the products online are approximate and that they may be higher or lower depending on the possible offers that may apply. Such price will be informed in the final quote, including VAT or any other tax that may be applicable, as well as the price for shipping services, so that the customer can either accept it or not.
The customer is obliged to verify the data submitted in the form, as well as the exact number of products selected. If some details to be changed are detected, the customer will have to return to the previous step.
5.4.- Complementary Services
For online purchases, processing the request includes the obligatory and inseparable contracting of the shipping services, which costs will be assessed based on the purchase amount and the customer’s place of residence.
The customer acknowledges that the contractual relationship that binds him to the companies responsible for the shipping services will always be direct. As a result, the companies that provide such services and the client will not involve OBLUMI in their relationship. In spite of the foregoing, and with a view to ensure the quality services from OBLUMI, a set of service characteristics will be established which, in any case, will have to be stated in the terms agreed upon between the customers and the service providers.
Prior to confirming the request, and to ensure an appropriate processing thereof, the customer will have at his disposal the possibility to read and further accept the general shipping services terms. Otherwise, the customer will not be able to finish the process.
These service providers, and the fees charged by them, may change according to the location to which the product will be shipped. Therefore, it is advised to inquire about this information first.
5.5.- Order confirmation and quote submission
Once the products have been selected and verified that they match with the initial selection, the customer must validate the order by confirming the invoicing and shipping information, as well as the customer’s data.
Once the order has been confirmed, OBLUMI will acknowledge receipt of the confirmation of the order by sending the customer a new email, which will include:
– any unforeseen event that may affect the availability of the product, in which case the options stated in 5.7 will be offered.
– the delivery deadline of the order based on the product’s availability, which under no circumstance will be later than 30 days upon acceptance and payment thereof by the customer.
– the cost of the requested complementary services, and the company from which such services must be hired, indicating the payment method and terms that may apply to the contracting of these services. The information provided by OBLUMI in this regard will include the fees that complementary service provider itself will offer him.
– the quote for the selected products with their final prices once compared with the prices fixed at the selected store, and a description of the validity period of such quote, which will never be higher than 30 days.
5.6. Quote acceptance and payment
Once the customer agrees to the quote provided by OBLUMI, he will proceed to accept it and pay it via the application.
To make the payment, OBLUMI offers the following payment methods:
The payment can be made via PayPal.
B. Credit Card
Using this method, the customer will have to enter his data when making the purchase during the contracting process. All the data provided for this purposes are encrypted to ensure maximum security, and are hosted in a SSL-secure server certificate.
5.7. Availability and delivery deadline
OBLUMI will provide updated information on availability and stock of all products showcased online. However, if a product whose availability has been confirmed by OBLUMI but it is not in stock during the ordering process, OBLUMI will notify the customer via email, and offer him the following options:
– Delivery of the same product in a longer timeframe than initially indicated.
– Refund the customer for the price charged within a maximum term of 14 calendar days, as from the date on which the customer chose this option.
6.- RIGHT TO TERMINATION AND RETURN OF THE PRODUCT
The customer has a 14-calendar day period, as from the date on which the order was received, to terminate the contract without any penalties whatsoever, which termination shall not be grounded. For such purpose, the customer may use the sample termination form available in the following link: www.oblumi.com/return. Although this sample form is not obligatory, the customer shall submit one to OBLUMI before the 14-calendar day period has ended. Furthermore, the customer will have the option to complete and electronically send the sample termination form or any other unequivocal statement through this link: www.oblumi.com/return.
The customer must return the product within the 14-calendar day period as from the time he notified such termination to OBLUMI which, in any case, will demand the customer to be responsible for the direct costs incurred due to returning the merchandise.
OBLUMI will reimburse the customer the moneys paid for the purchase of the returned products within 14 days since OBLUMI became aware of such termination, with the sole condition that it must have received the product before such term; otherwise, the moneys will be withheld until the product is received. The return period will be considered ended if the products are returned before such period has passed.
In the event of termination on account of the customer, all payments received will be refunded, including shipping costs (except for any additional expenses arising out of having chosen a delivery method different from the least expensive standard delivery method that we offer) within 14-calendar days as from the date in which the customer notifies OBLUMI of his decision to terminate this contract.
The customer will only be responsible for the products’ value reduction if it results from using the product in a way different than necessary to establish the nature, features and functioning of the products.
7.- AFTER-SALES SUPPORT
Regardless of our proven efficiency, we anticipate the resolution of any unforeseen events that may occur.
Should any unforeseen event occur concerning the order process, the purchase process, or after purchasing and receiving the products, or even related to payment or the received products’ features, you may contact OBLUMI’s Customer Service Department by telephone at +34 955 197 360 (the cost equals a local call, although it may vary based on the telecommunications provider) from 10 a.m. to 2 p.m. and from 4 p.m. to 6 p.m., or online here: www.oblumi.com/support/.
8.- PURCHASE WARRANTY
The products acquired from OBLUMI through this portal have a two-year warranty as from the time in which the products are acquired.
In the event that a customer does not consider acceptable a product purchased online, such product is to be examined by OBLUMI to assess whether that is the case, in which case OBLUMI will be responsible for all transport expenses that may have been incurred as well as those necessary to repair or replace the product with a new one, should this be decided, in accordance with the regulations on product warranties.
9.- APPLICABLE LAW. VENUE
This contract will be governed by Spanish law, which shall be applicable to what is not stated therein in connection with its construction, validity and enforcement.
Should there be a disagreement derived from the purchase of products online, and for the resolution of any conflicts, the parties agree to submit to the Courts of the city with jurisdiction over the customer’s domicile. Furthermore, the parties waive their rights to submit to any other venues or jurisdictions to which they may be entitled. Provided, however, that the customer is located in Spanish territories. Should the customer be located outside Spain, the parties will submit to the Courts of Madrid (Capital).
10.- PERSONAL DATA PROTECTION
In compliance with the provisions set forth in Section 5 of the Organic Law 15/1999 of 13 December, on Personal Data Protection, we hereby inform you of the following:
1) The personal data required by OBLUMI are essential to process online sales.
This referenced data become part of a file registered in the General Registry for Data Protection named, in Spanish, “CLIENTES VENTA A DISTANCIA” [CUSTOMER ONLINE SALES], in charge of OBLUMI SL (hereinafter “OBLUMI”), domiciled at Pol. Industrial Santa Clara de Cuba Avda. Santa Clara de Cuba, 4. Nave 18 41007 Sevilla.
2) The fields to be completed in the forms are optional, except for those fields marked with the “*” symbol, which are compulsory. If the customer does not wish to complete such compulsory fields, the sale process will not be able to be completed.
3) The consumer shall exercise the rights to opposition, access, modification and cancellation of the personal data. In order to do that, he shall contact OBLUMI in writing to: OBLUMI SL, CIF [Tax ID Code] B90155789, domiciled at Pol. Industrial Santa Clara de Cuba Avda. Santa Clara de Cuba, 4. Nave 18 41007 Sevilla, or else via email to firstname.lastname@example.org.
4) The personal data provided by the consumer will be cancelled by OBLUMI when they stop to be relevant to render the contracted services and, in any case, at the request of the customer.