General Conditions of Use

These General Conditions of Sale (the "Conditions") apply to the sale of all products Óptimo. Please read these conditions carefully before placing your order with Óptimo S.L. "('Óptimo') By placing your order you agree to be bound by these conditions.

 

1. General terms and conditions

Registration at Óptimo is free of charge. You will have access to your personal data using a password and you will be able to change the data at any time. You don't have to register and you can unsubscribe whenever you want. The information we receive when a registration is made is completely confidential and only Óptimo will have access to the data and will be subject to our PRIVACY POLICY.

2. Pre-employment information

These general contracting conditions together, where applicable, with any specific conditions that may be established, shall expressly regulate the relations that arise between Óptimo S.L., with registered office at Calle San Joaquín 3, Las Rozas, Madrid, with tax identification number B- 123123123, registered in the Madrid Companies Registry, in volume 46189, sheet 171, page B-123123, and the Customers who contract the Products offered through the Website: https://www.optimo.com/

These General Conditions have been drawn up in accordance with the provisions of Spanish law, specifically Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, Law 3/2014, of 27 March, modifying the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November, Law 7/1996 on the Regulation of Retail Trade, Law 59/2003, of 19 December, on electronic signatures and any other applicable legal provisions.

The use and/or acquisition of Óptimo's products, the characteristics of which are described on Óptimo's website, hereinafter referred to as the "Products", implies acceptance as a Client, without any reservations whatsoever, of each and every one of these General Conditions, as well as of the Special Conditions which, where applicable, govern the acquisition. Óptimo informs that the procedures for the acquisition of the Products are those described in these General Conditions, as well as those other specific procedures that are indicated on the screen while browsing our website, so that the Client declares that he/she knows and accepts these procedures as necessary to access the Products offered on the website.

Any modification and/or correction of the data provided by the Clients during navigation will be possible and must be carried out according to the indications included on the website. The Products offered on the website, along with their characteristics and price will appear on the screen. We try to show as accurately as possible the physical characteristics of the Products, but it should be taken into account that the quality, configuration and resolution of the computer monitor can influence the perception of colours, so there may be some slight difference in colour between the real product and the one reflected on the screen.

The Products offered at Outlet Óptimo are products that we have used in showrooms, prototypes or products that have been returned, that have some damage or are slightly damaged, that are sold at a lower price with the discounts that are announced on the screen. The same conditions of sale apply to Outlet Óptimo Products as to any other Product, including the right of withdrawal and the after-sales guarantee, in this case under the terms set out in condition 7. However, Outlet Óptimo Products are unique and we cannot replace them, so in the event of a return we will refund the price of the product under the terms set out in condition 6.2.

While we strive to ensure that the information appearing on our website is complete, sometimes the packaging and materials of the Products may contain additional or different information than that appearing on our website. Components can also change. We recommend that you do not stop to read only the information available on our website but, before use, also read carefully the labeling, warnings and instructions that accompany the product.

Óptimo reserves the right to decide at any time which Products it offers to Customers through its Website. Thus, Óptimo may at any time include new products or modify those included in the Website, it being understood, unless otherwise provided for, that such Products shall be governed by the provisions of the General Conditions in force at that time. Furthermore, Óptimo reserves the right to cease providing access, at any time and without prior notice, to any of the Products offered on the Website.

3. Purchase procedure

3.1. Registration

In order to purchase the Products, Óptimo requests that you register, for which you must be of legal age (18 years old), and you must fill in the forms that appear on screen and specifically: (i) complete the electronic form that appears on the website at all times, following the instructions indicated therein; (ii) click on the "ACCEPT PRIVACY POLICY" icon/button; and (iii) receive the registration confirmation in your email account. The login and password provided to Óptimo are identifiers and enablers to access and make the purchase and are personal and non-transferable. The login cannot be modified, but the password can, in which case the modified keys will lose their validity.

3.2. Order fulfilment

Once registered, and in order to proceed with the purchase of any of the Products, you must follow the instructions on the screen, filling in the order form provided, which implies the reading and irrevocable acceptance of each and every one of these General Conditions, as well as, if applicable, the existing Special Conditions. When you place your order, we will send you an email confirming receipt of your order. You can however modify your order before the order enters the shipping process.

We only sell products in quantities corresponding to the typical needs of an average household. This applies both to the number of products ordered in a single order and to the assumption that the customer chooses to place several orders for the same product and these individual orders comprise the typical quantities required to meet the needs of an average household.

4. Transport and delivery

4.1. Price of transport

The price of the transport of the Product to your home depends on the quantity, weight and area of delivery. It will be identified on the website at the time of confirming the purchase of the Product. For areas outside peninsular Spain are not included destination customs charges and taxes of the area.

4.2. Delivery

Óptimo undertakes to deliver as soon as possible, the Product you have purchased, to the address you have indicated for this purpose in the order form. The delivery time shall be indicated in the purchase confirmation e-mail provided for in section 3.2. of these General Conditions. All our products leave our facilities with the packaging in perfect condition. You must always verify that the goods have been delivered in perfect condition and it is recommended to state on the delivery note of the carrier "damaged packaging" or similar to be able to claim later, because otherwise the carrier agrees to receive the product. Notification of incidents within 48 hours of receipt of orderIt is essential that you keep the original packaging and take photographs of how the Product has arrived at your home, both the packaging and the product. If you inform us of the incident via email shop@optimo.com within 48 hours of receipt of the Product, Óptimo may claim insurance from the transport company. In this way, once the incident with the insurance has been resolved, we will be able to send you a new Product and remove the damaged one.

Notification of incidents after 48 hours from receipt of orderIt is also essential that you keep the original packaging and take photographs of how the Product has arrived at your home, both of the packaging and of the product. If you inform us of the incident via email shop@optimo.com 48 hours after receipt of the Product, Óptimo will not be able to claim, in this case, the insurance of the transport company, so we can proceed to withdraw the Product for a review of the incidence in our facilities. In any case, Óptimo will be free to choose not to collect the Product and return the Price to you or to send the Product back to you and remove the damaged Product.

4.3 Terms of delivery

Delivery times: the delivery times of the Products, in working days, except for transport problems beyond Óptimo's control, are those that will be confirmed in the message confirming receipt of your order. Óptimo will make its best efforts to meet these deadlines, but its delay, due to transport problems outside Óptimo, will not imply the cancellation of the order or compensation.

4.4. Deliveries outside the EU territory

When placing an order for delivery to a country or territory outside the European Union, you may have to pay import duties and taxes upon arrival at the destination. This is because you will be considered as the importer of the Products, so you will have to comply with all the laws and regulations applicable in your country. Orders destined for the Canary Islands, Ceuta and Melilla are subject to local customs procedures.

Any additional expenses due to the payment of customs duties and / or tariffs will be at your expense. Óptimo has no control over such expenses and therefore it is not possible to anticipate their amount. As customs policies vary significantly from one country to another, we advise you to contact the relevant customs office for information on import restrictions that apply to certain products. We are not responsible for customs withholdings. If you do not pay import duties, the goods may be retained at customs. No returns will be accepted.

 

5. Price and payment

5.1. Price

The purchase prices in effect at the time the order is placed are those shown on the screen. The prices will indicate the Value Added Tax (VAT). However, purchases made by residents of non-EU countries will be exempt from VAT and subject to payment of the appropriate import tax. The costs of customs clearance and import taxes are not included in the price of the Product or in the price of shipping and therefore you must pay them at destination.

Due to their special tax regime, the geographical areas corresponding to the Canary Islands, Ceuta and Melilla are considered to be extra-Community territories for these purposes. In general, any tax, levy, tribute and brokerage accrued as a result of the sale of the Product, as well as any other expenses arising therefrom, shall be at your own expense. The shipping costs that appear on screen will be on your account and will correspond to the rates set by the transport agency contracted at all times, and will depend on the destination and weight of the shipment. Prices are shown in EUROS, and will be billed and collected in this currency.

5.2. Form of payment

When you add the Product to the 'Shopping Cart' on screen, the amount of the product will appear with and without VAT or, if the purchase is exempt from VAT, this exemption will be automatically contemplated from the personal data entered by you, once you have confirmed the order. Payment of the price of the Product purchased and shipping costs, which will appear on screen, may be made by credit or debit card, or PayPal. In order to proceed with payment, you must follow each and every one of the instructions that appear on the screen, providing the following information in the case of payment by credit or debit card: a) type of card; b) name and surname of the cardholder; c) card number; c) expiry date; d) as well as any other information required on the screen.

As an electronic payment system, Óptimo has installed an electronic commerce payment gateway that it has contracted with a bank. All data provided for these purposes are encrypted to ensure maximum security.

5.3. SSL protocol

The navigation and purchase process on the web are carried out using SSL protocol, thus providing both the client and Óptimo the highest standards of confidentiality and security in communications. This protocol is universally supported by the main browsers and guarantees (i) the identity of the recipient of your data (not supplanting the seller), (ii) the confidentiality of the information provided and (iii) the integrity (not manipulation) of the information provided.

Also, Óptimo states that in no case stores the data provided by users through the payment gateway, and that they are only kept while making the purchase, payment is made and until after the withdrawal period. In order to provide greater security for credit card owners, a three-digit number has been included on your cards to serve as an identification code to verify the physical presence of the card during Internet transactions. This three-digit number is printed on the back of your card (in the signature area), immediately after the card number. In order to prevent fraudulent credit card transactions, such check digits will be requested to validate the transaction.

5.4. Invoice

Óptimo will issue an invoice for each shipment, which will be provided in electronic format and will be sent to the email address you have provided. 

6. Right of Withdrawal

6.1. How to

You can cancel your order for no reason. within 14 calendar days from the day you receive the Products purchased (or from the last Product, component or part in case of delivery of a Product composed of multiple components or parts). This right does not apply if the Product has been produced in accordance with the specifications you have supplied to us and is therefore a customised Product. To this end, you must inform us of your decision to withdraw your order. You must send your request to the following email address:shop@optimo.com

Óptimo will confirm in writing receipt of the request and details of how to proceed with the return. It will be sufficient for you to send your communication before the end of the 14-day withdrawal period and return the item in the manner we indicate in writing. Óptimo will not be the owner of the returned product until it is received at the return address.

6.2. Effects of withdrawal

Óptimo will refund the price of the product and the ordinary shipping costs for the cheapest shipping option we offer, within the period indicated below, subject to the conditions described below:

• (a) You must return the Products following the instructions we give you in writing. within 14 days of the day you informed us of your withdrawalunless we offer to pick up the Products at the place you indicate.
• (b) If you choose a delivery method other than the cheapest option we offer, Óptimo will not be obliged to reimburse any additional costs resulting from this.
• (c) Óptimo shall verify the condition of the returned Products. If the Product has not been unsealed and retains its original packaging, or if the Product being returned is in its original open packaging, removed from the packaging or unpacked, assembled or used, but is in perfect condition, Óptimo refund the amount of the purchase of the product and if necessary transport costs, within five (5) working days of receipt. In the event that Óptimo offers to collect the Product, in any case the refund of the purchase price must be made no later than fourteen (14) calendar days from the date of communication of your withdrawal decision.
  If, on the contrary, the Products to be returned have been manipulated in such a way that they have any type of deterioration that diminishes their value, due to the fact that they have been manipulated in a way unrelated to that which is necessary to verify the nature, characteristics and/or functioning of the Products, this will mean that in such cases the exercise of the right of withdrawal will not be admitted.
• (d) Óptimo will use the same means of payment as you would have used for the initial purchase, unless otherwise expressly agreed. In any case, you will not bear any surcharge that may arise from such reimbursement. We may withhold a refund until we have received the items returned by you or until you provide us with proof that you have returned the items, whichever comes first.
• (e) Remember that you must return all parts of the product, including the assembly kit, and if the order is subject to a promotion in which one of our products is given as a gift, this must also be returned. Otherwise the right of withdrawal will not be admitted.

 

7. After-sales guarantee

In addition to your legal rights of withdrawal, if you are an EU customer (except UK) you will have an after-sales guarantee, two years from the date of delivery of the ProductÓptimo is not responsible for the repair or replacement of products purchased from Óptimo if they are defective or do not conform to our website. Defects caused to the Products by negligence, impact, improper use or handling, incorrect installation or materials subject to wear and tear outside normal use are not covered by this warranty. Nor will this warranty cover any damage or flaws in the Products of the Outlet Óptimo, which are explained on the screen and of which you are therefore informed at the time of purchase.

In the event that the Products have a manufacturing defect, you shall be entitled to require Óptimo to replace or repair them, unless one of these two options is objectively impossible or disproportionate. You must inform us of the defect you have noticed within two months of the time you notice it. From the moment you inform us of the option you have chosen, we will comply with it. Any option that would have unreasonable costs for Óptimo, taking into account the value of the Product, will be considered disproportionate. The repair or replacement will be free of charge to you and will be carried out within a reasonable period of time.

In the case of the Products of the Outlet Óptimo, as they are unique Products, the replacement will not be free of charge, as it can only be made for a new Product, in which case you must give us your agreement before replacing it, as you will have to pay Óptimo the difference in price between the amount you paid for the Product of the Outlet Óptimo and the selling price of the same new Product.

The price reduction and the termination of the contract will proceed, at your choice, when it is not possible to repair or replace the Product or in cases where these have not been carried out within a reasonable period or without major inconvenience to the consumer and user. A decision shall not be taken where the lack of conformity is of minor importance. The price reduction shall be proportional to the difference between the value that the Product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of such delivery.

For the use of this guarantee you must communicate it to Óptimo through the following address shop@optimo.com. In the case of visible defects, please provide the following information: order reference number, description of the Product, description of the problem with the Product and attach photographs.

8. Our responsibility

Óptimo will not be responsible for:

• losses that were not attributable to non-compliance on their part;
• indirect or consequential losses which were not reasonably foreseeable by both parties at the time the contract for the sale of the Products was concluded between both parties.
• Nothing in these Terms limits or excludes our liability for misrepresentation, death or personal injury attributable to our negligence or willful misconduct.
• Óptimo shall not be liable for any delay or breach of its obligations under these conditions if such delay or breach is attributable to circumstances beyond our reasonable control.
• This provision does not affect your right to receive the product within a reasonable time. If the delay occurs prior to the shipment of the Product, Óptimo will not charge you any amount for the Product until it has been sent to you, in which case you may cancel the order at any time prior to such shipment.

 

9. Applicable law

These conditions shall be governed by and construed in accordance with Spanish law, expressly excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Madrid (Spain). If you are a consumer and have your habitual residence in the European Union, you will also be protected by any mandatory provision of the law of your country of residence. The European Commission offers a platform for alternative dispute resolution, which you can access here: https://ec.europa.eu/consumers/odr/

10. Modification of the conditions of sale

We reserve the right to make changes to our website, our policies and these Conditions of Sale at any time. You will be bound by the terms and conditions, policies and Conditions of Sale in effect at the time you place your order, unless, by law or at the request of public authorities, a change must be made to those terms and conditions, policies or these Conditions of Sale (in which case, such changes may be applicable to any orders you have previously placed).

If any of these conditions is declared invalid, null and void or for any ineffective reason, such condition shall be deemed to be excluded without such declaration being able to affect the validity or enforceability of the rest of the conditions.

11. Disclaimer

In the event of non-compliance by you with these Conditions, and even though Óptimo may decide not to exercise any rights within its reach at that time, Óptimo may make use of such rights and actions on any other occasion in which you may breach these Conditions of Sale.


12. Language

In case of discrepancy between the Spanish version of this text and other existing versions on our website, the Spanish version will prevail.