GENERAL TERMS AND CONDITIONS OF SALE

SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter, the General Terms and Conditions) apply to any purchase of goods or services (hereinafter, the Products) that are made on this Website www.offview.com property of OFFVIEW, S.L. with headquarters in Calle Bosc Tancat No. 8 de Cerdanyola del Vallés, (08290) Barcelona and with NIF B-72903537.

These General Terms and Conditions may be modified at any time, therefore it is recommended, each time the Customer browses or intends to purchase a Product through the Website, to consult them again, since only those in force at the time of purchase will be applicable.


ORDERS

How to place an order

In order to purchase any OFFVIEW, S.L. Products, the Customer should adhere to the following steps:

1.- An order can either be placed by registering themselves as a user or through a guest account, if the Customer does not wish to register.

2.- To register as a Customer you must provide a username, email address and password.

3.- To place an order, the Customer must select the Products they wish to purchase, which will then be added to the "shopping cart" on the Website. Once all the Products have been selected, if you wish to continue with the transaction, you must click on "complete purchase".

The Customer must provide the following information so that OFFVIEW, S.L. can post the Products: name and surname, complete address, email address and telephone number. This data will be stored in the OFFVIEW, S.L. database and will only be visible to authorized personnel. In the event that the Customer believes that there has been an error when entering their personal data when registering, they can be modified in the "My Account" section. In any case, the Customer may correct errors related to the personal data provided during the purchase process by contacting the customer service through the following telephone number, +34 936 915 450, or using the email address hello@offview.com. If the Customer detects an error in their order after the completion of the payment process, they should immediately contact the customer service department, through the telephone number or e-mail address mentioned above, to correct the error.

5.- If available, the Customer may enter discount codes or coupons to reduce the final price of the "shopping cart".

6.- Once the Customer has expressly accepted the General Terms and Conditions and has entered the data for shipment, they will be able to complete the payment.


Availability and responsibility

All orders are subject to Product availability. In the event of issues in the supply of Products or lack of stock, OFFVIEW, S.L. will reimburse the amount paid for said Products.

OFFVIEW, S.L. is not responsible for delays in the delivery of orders or the inability to carry them out when the cause is due to force majeure events. Force majeure events include, among others, accidents, strikes, fires, meteorological causes, natural disasters such as storms, earthquakes, epidemics and problems in transportation or telecommunication systems.

OFFVIEW, S.L.'s liability in connection with any Product purchased on the Website shall be strictly limited to the purchase price of said Product.


PRICE/PAYMENT

Price of the Products

The prices of the Products on the Website are indicated in Euros and include taxes related to the sale of Products, including Value Added Tax (VAT). OFFVIEW, S.L. reserves the right to modify the price of the products and services offered through the Website. In order to guarantee to the Customer the certainty of the price of its Products, the price will be the one advertised at the time the Customer completes their order.
The price of the Products does not include the shipping cost of said product, which will be itemized before completing the payment.


Payment

The Customer has the following means of payment available when purchasing Products through the Website:

Debit/Credit Card: for payment by debit/credit card, the Customer must follow the instructions on the sales screen, providing the card number and type, CVV and name on the card. We accept the following cards: Visa, MasterCard or American Express.

PayPal: payment can be completed using the Customer’s PayPal account to place the order. If this payment method is chosen, you will be redirected to the Paypal page to log in with your username and password.

Our company uses the Stripe payment system. This platform is certified as a PCI Level 1 service provider, the strictest level of certification, creating single-use codes. For your security, Stripe will not store any of your payment card information, instead this information will be stored in its system in encrypted form. You can read more about Stripe's security at the following link: https://stripe.com/docs/security/stripe

The purchase of the Products is made through the "BUY" button on the Website, once the General Terms and Conditions have been accepted.

Value Added Tax and Invoicing

The prices of this Website include VAT only if you are a final consumer and when this tax is applicable. Our prices are subject to change, but any changes will not affect orders for which an order confirmation has already been sent out.
Likewise, OFFVIEW, S.L. will immediately send the Customer a confirmation of the order placed with all its terms to the email address indicated by the Customer.
The Customer will receive, along with the Products, the paper invoice of the order. If an electronic invoice is required, this must be indicated at the time of placing the order.

SHIPMENT

Time period, shipment tracking and shipping costs

For the purposes of these General Terms and Conditions, "delivery" of the Products shall be deemed to have occurred, or to have been "delivered", at the moment in which the Customer, or a third party indicated by the Customer, acquires material possession of the Products.
Each of our shipments are free of charge and are made through our provider DHL EXPRESS to ensure that they reach you as soon as possible.
All of our packages are carefully prepared to prevent any damage to the Products during shipping.
It is important that you check the condition of the packaging before accepting delivery and you have the right to refuse the delivery if it does not arrive in good condition.
Please note that we cannot deliver to P.O. boxes.
We manage and ship our orders during our business hours, Monday through Thursday from 8:00 am to 5:30 pm, and Fridays from 8:00 am to 4:00 pm.
The order will be shipped within 24 hours of the payment being received, within our business hours. Delivery time may vary depending on the country you have chosen for delivery:
- Shipments within the European Union: 2-4 working days.
- Shipments to other countries: 6-8 working days depending on customs.
As soon as we have shipped your order, you will receive an email informing you of the tracking number, as well as the link to track your package.
Our provider DHL Express offers you the On Demand Delivery service whereby you can change the place or time of delivery during the transit time of the package.

If for any reason OFFVIEW, S.L. is unable to meet the scheduled delivery date, the customer will be informed of this circumstance and will be offered the option to proceed with the purchase by setting a new delivery date or to cancel the order for a refund of the price paid.


PRODUCT WARRANTY

Warranty coverage

OFFVIEW, S.L. products are guaranteed for a period of 3 years, from the date of delivery, against any manufacturing, design or material defect. During the warranty period, OFFVIEW, S.L. undertakes to exchange or refund the Products recognized as faulty by its services, in accordance with the provisions of Article 118 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. The warranty does not cover:

- Damage to the Product as a result of normal wear and tear, taking into account the nature, function and composition of the Product; nor

- Any defects of the Product that may result from faulty installation, storage, conservation or assembly, faulty maintenance, incorrect use or use not in accordance with the technical specifications or use (non-observance of maintenance recommendations), modifications or repairs carried out by the Customer or a third party, damage caused by external objects, external events such as accidents, knocks, fires, acts of vandalism, damage caused by water, natural or artificial light (in the event of discoloration), natural disasters or adverse weather conditions.

If you have had an accident or have a problem with your glasses, you should contact your optician so that they can make the corresponding request and manage the repair for you.

If you are an optician, and a OFFVIEW customer, you can access your private account area to manage a warranty through our website. In the "Warranty" section, we will guide you through the process, informing you of all the steps you must follow to send us your request.

Warranty application

To apply the warranty, the purchaser shall contact OFFVIEW, S.L. customer service through the email address hello@offview.com or by calling +34 936 915 450.

CANCELLATION RIGHTS

The Customer has the right to cancel their purchase of a Product within 14 calendar days without giving any reason. This period shall begin from the date on which the Customer acquired material possession of the Product. In the event that the goods making up the order are delivered separately, the period shall begin to run 14 calendar days from the day on which the Customer acquired material possession of the last of said Products.

For your convenience, the following cancellation form is provided:

For the attention of:

[●]

I hereby inform you that I am withdrawing from my contract for the following Product(s) with reference no.

Date bought

Customer name

Customer address

- If the shipping address is different from the customer's address, you must fill in the following information:

Name on delivery

Delivery address



Customer signature Date

The right of cancellation cannot be invoked in the following cases:

a) The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the Customer and with the acknowledgement by the Customer that they are aware that, once the contract has been fully executed by OFFVIEW, S.L., they will have lost their right of cancellation.

b) The supply of Products or the provision of services whose price depends on fluctuations in the financial market that OFFVIEW, S.L. cannot control and that may occur during the withdrawal period.

c) The supply of Products made to the Customer's specifications or which have been clearly personalized.

d) The supply of Products that may deteriorate or expire rapidly.

e) The supply of sealed Products which are not suitable for return for health protection or hygiene reasons and which have been unsealed after delivery.

f) The supply of Products which, after delivery and taking into account their nature, have been inseparably mixed with other Products.

g) The supply of alcoholic beverages whose price has been agreed at the time of entering into the sales contract and which cannot be delivered within 30 days, and whose real value depends on market fluctuations that OFFVIEW, S.L. cannot control.

h) Contracts in which the Customer has specifically requested OFFVIEW, S.L. to visit the Customer to carry out urgent repair or maintenance operations; if, during such visit, OFFVIEW, S.L. provides additional services to those specifically requested by the Customer, or supplies Products other than those necessary to carry out the maintenance or repair operations, the right of cancellation shall apply to such additional services or Products.

i) The supply of sealed sound or video recordings or computer programs that have been opened by the Customer after delivery.

j) The supply of daily press, newspapers or magazines, with the exception of subscription contracts for the supply of such publications.

k) Contracts entered into by means of public auctions.

l) The provision of accomodation services for purposes other than housing, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.

m) The supply of digital content that is not provided as support material when the performance has begun with the prior express consent of the Customer, with the knowledge on their part that they consequently lose their right of cancellation.

Once the cancellation has been made, OFFVIEW, S.L. will refund the amount paid for the Products (including shipping costs) within a maximum period of 14 calendar days from the date on which the decision to withdraw from the contract has been made by the Customer, and through the same means of payment with which the purchase was made. However, the shipping costs for the return of the Products shall be taken on by the Customer.

No refund will be sent in the event that the Product has been used or damaged, as it must be returned in the same condition in which it was delivered, including all instructions, documents and packaging of the Product. This shall be without prejudice to the Customer's right to open and unpack the Product for the purpose of testing, analyzing and evaluating the Product in order to make a decision on its final purchase.

In the event of loss, destruction or any other issue that prevents the return of the order for reasons attributable to the Customer, they shall be liable for the market value that the service would have had at the time of exercise of the right of withdrawal, unless said value is higher than the purchase price, in which case they shall be liable for this amount instead.

INDUSTRIAL AND INTELLECTUAL PROPERTY

All the contents displayed on the Website and, in particular, designs, texts, graphics, images, databases, software, sounds, branding, logos or any other trademarks that are susceptible to industrial and commercial use, are subject to the intellectual and industrial property rights of OFFVIEW, S.L., or of third parties who have been duly authorized to use them.
Under no circumstances does access to the Website and/or its use imply any kind of waiver, transmission, license or total or partial transfer of such rights, nor does it confer any right or expectation and, in particular, of alteration, exploitation, reproduction, distribution or public communication of such contents, without the prior express authorization of OFFVIEW, S.L. or of the corresponding owners.
No link may be established to the Website from any other Website without the prior and express consent of OFFVIEW, S.L..

LANGUAGE

The Website, the information published, and the contract or Customer registration form, shall be written in Spanish, as the Customer's language of choice.

ONLINE CONFLICT RESOLUTION

In compliance with the provisions of Article 14.1 of Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May, 2013, in the event that the buyer has the status of consumer, they will be informed of the existence of an online out-of-court conflict resolution platform made available by the European Commission through which consumers may submit their claims:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

APPLICABLE LAW, COMPETENCE AND JURISDICTION

These General Terms and Conditions shall be governed by Spanish law. Any dispute that may arise from the application or interpretation of these General Terms and Conditions shall be resolved before the jurisdiction of the Courts and Tribunals of the city of (Barcelona), waiving any other jurisdiction that may be applicable. However, if the buyer is also the consumer, any dispute that may arise between OFFVIEW, S.L. and the Customer shall be resolved before the jurisdiction of the Courts and Tribunals of the Customer’s district or the place of performance of the obligation.


HANDLING OF PERSONAL DATA

In accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and Organic Law 3/2018 on Personal Data Protection and guarantee of digital rights, the personal data provided for the use of the Website will be included in a database for which OFFVIEW, S.L. is responsible and which complies with the technical and organizational measures with the purpose of protecting such data.

The handling of personal data by OFFVIEW, S.L., as well as any other information requested for the access and use of the Website, will be governed by what is stipulated in the Privacy Policy of OFFVIEW, S.L. The Privacy Policy can be consulted at the following link: https://offview.com/es/ESP/politica-de-privacidad-y-cookies