GENERAL TERMS AND CONDITIONS OF SALE
- GENERAL INFORMATION
The ownership of this website https://orionchild.com, (hereinafter Website) is held by: , with NIF: , and whose contact details are:
Contact telephone number:
Contact email: firstname.lastname@example.org
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (https://orionchild.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Orion Child carries out through the Website comprises:
Music products, records, CD’s, merchandising.
In addition to reading these Conditions, before accessing, browsing and/or using this Website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and Orion Child’s privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website the User consents to be bound by these Conditions and all of the above, so if you do not agree with all of the above, you should not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
- THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so it is accepted, from the time you start browsing the Website, all the Conditions set forth herein, as well as its subsequent amendments, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The User may conclude, at his/her choice, with Orion Child the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
- PURCHASE OR ACQUISITION PROCESS
Users may purchase on the Website by the means and in the manner established. They should follow the online purchase and/or acquisition procedure of https://orionchild.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “Placer Order”.
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that Orion Child has received his/her order or request for purchase and/or provision of the service, i.e. the order confirmation. And, if applicable, you will also be informed by e-mail when your purchase is being shipped.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail. The User may also, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from Orion Child using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are displayed next to the presentation or, where appropriate, image of the product and/or service on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the realization of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by Orion Child through the Website are subject to the availability of the products and/or to no circumstances or force majeure (clause nine of these Conditions) affecting the supply of the products and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Orion Child undertakes to contact the User and refund any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
- PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
Shipping costs are included in the final prices of the products as displayed on the Website. Thus, Orion Child performs delivery and/or shipping services through: .
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: PayPal
If the means of payment is PayPal, the charge will be made at the time Orion Child sends a confirmation of the purchase order or purchase of products and/or services to the User.
In any case, by clicking on “Placer Order” the User confirms that the payment method used is his/her own.
In those cases in which it is necessary to make the physical delivery of the contracted goods, deliveries will be made within the following territory: Worldwide.
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If, for any reason, Orion Child is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Orion Child to arrange delivery on another day.
In the event that 30 days have elapsed since your order has been available for delivery, and it has not been delivered for reasons not attributable to Orion Child, Orion Child shall understand that the User wishes to withdraw from the contract and the contract shall be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded to the User, with the exception of the additional costs resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any event, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by the signature of the reception of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Orion Child receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place after full receipt of the amount paid by Orion Child.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or performance shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
- TECHNICAL MEANS FOR CORRECTING ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify such data by contacting Orion Child through the contact spaces provided on the Website and, where appropriate, through those provided for contacting customer service, and/or by using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on “Placer Order”, has access to the space, cart, or basket where his or her purchase requests are recorded and can make modifications.
In cases where the User acquires products on or through the Website of the owner, he/she has a number of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification.
This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Orion Child Website or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a contract for services, 14 calendar days from the day of conclusion of the contract.
To exercise this right of withdrawal, the User must notify Orion Child of his decision. He/she may do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally state that he/she intends to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Orion Child makes available as an attachment to these Conditions, however, its use is not mandatory.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In the event of withdrawal, Orion Child will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which Orion Child is informed of the User’s decision to withdraw.
Orion Child will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Orion Child may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of the return of the products or items, whichever condition is met first.
The User may return or send the products to Orion Child at:
And shall do so without any undue delay and in any event not later than 14 calendar days from the date on which Orion Child was informed of the withdrawal decision.
The User acknowledges knowing that he/she shall bear the direct cost of returning (transport, delivery) the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by Orion Child, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
In the following link you can download the Model of withdrawal form:
Return of defective products or error in shipment.
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and should therefore contact Orion Child immediately and let it know of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the same.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always apply.
The User, as a consumer and user, enjoys warranties on the products that he/she may purchase through this Website, under the terms legally established for each type of product, Orion Child being liable, therefore, for any lack of conformity of the same that becomes apparent within a period of two years from delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Orion Child and possess the qualities presented therein; they are suitable for the uses for which products of the same type are normally intended; and they present the usual quality and performance of a product of the same type and which are fundamentally to be expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, may present non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the two years following the delivery of such products. For this purpose, the User must have retained all information regarding the warranty of the products.
- DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Orion Child shall not accept any liability for the following losses, irrespective of their origin:
any losses which are not attributable to any breach by you;
business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was made between the parties.
Orion Child also limits its liability in the following cases:
Orion Child applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
Orion Child will act with the utmost diligence in order to make available to the company in charge of the transport of the product that is the object of the purchase order. However, Orion Child is not responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general, any other typical of the sector, resulting in delays, loss or theft of the product.
Technical failures that for fortuitous or other reasons, prevent a normal operation of the service through the Internet. Unavailability of the Website due to maintenance or other reasons, which prevents the availability of the service. Orion Child makes every effort to carry out the process of purchase, payment and shipping/delivery of the products, however Orion Child disclaims any liability for causes not attributable to it, acts of God or force majeure.
Orion Child shall not be liable for misuse and/or wear and tear of the products that have been used by the User. At the same time, Orion Child will not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, Orion Child shall not be liable for any failure or delay in the performance of any of the obligations assumed, where the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Thus, the obligations shall be suspended for the period during which the force majeure continues, and Orion Child shall have an extension of time to perform them for a period of time equal to the duration of the force majeure. Orion Child shall use all reasonable means to find a solution to enable it to perform its obligations despite the force majeure.
- WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, the User agrees that most communications with Orion Child will be electronic (e-mail or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Orion Child sends electronically comply with legal requirements to be in writing. This condition shall not affect the User’s statutory rights.
The User may send notifications and/or communicate with Orion Child through the contact details provided in these Conditions and, where appropriate, through the contact areas on the Website.
Likewise, unless otherwise stipulated, Orion Child may contact and/or notify the User by e-mail or at the postal address provided.
No waiver by Orion Child of any particular right or remedy or failure by Orion Child to require strict performance by the User of any of its obligations shall constitute or waive any other right or remedy arising out of a contract or the Conditions, or relieve the User from the performance of its obligations.
No waiver by Orion Child of any of these Conditions or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
- ENTIRE AGREEMENT
These Conditions and any document expressly referred to in these Conditions constitute the entire agreement between the User and Orion Child in relation to the subject matter of the sale and purchase and supersede any other prior covenant, agreement or promise made verbally or in writing by the same parties.
The User and Orion Child acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
- DATA PROTECTION
- APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Web Site and the contracts for the purchase of products through the same shall be governed by Spanish law.
Any controversy, problem or disagreement arising out of or related to the access, browsing and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between Orion Child and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
- COMPLAINTS AND CLAIMS
The User may send Orion Child complaints, claims or any other comments he/she wishes to make via the contact details provided at the beginning of these Conditions (General Information).
In addition, Orion Child has official complaint forms available to consumers and users, which they may request from Orion Child at any time, using the contact details provided at the beginning of these Conditions (General Information).
Furthermore, should a dispute arise from the conclusion of this purchase contract between Orion Child and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.