GENERAL SALES CONDITIONS

1. GENERAL INFORMATION

The ownership of this website, https://omniretro.com, (hereinafter referred to as the Website) is held by: REDONIA SL, with VAT number: B56144215, and whose contact details are:

Address: Calle el Manzano 1, Huercal de Almería, 04230
Contact email: info@omniretro.com

This document (as well as any other documents mentioned herein) regulates the conditions under which the use of this Website (https://omniretro.com) and the purchase or acquisition of products and/or services on it are governed (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Omniretro carries out through the Website includes:

Various wooden objects, graphic materials, resin products and small electronic items.

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 cookie policy, and the privacy and data protection policy of Omniretro. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by everything mentioned above, so if you do not agree with all of this, you should not use this Website.

It is also reported that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website as those that are in force at the time the acquisition of products and/or services is requested will be applicable.

For all the questions the User may have in relation to the Conditions, they can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, browsing and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as a User or collectively as Users), so that all the Conditions established here, as well as their subsequent modifications, are accepted from the moment navigation on the Website begins, without prejudice to the application of the corresponding mandatory legal regulations in each case.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

Using this Website only to make legally valid inquiries and purchases or acquisitions.
Not making any false or fraudulent purchases. If a purchase of this nature could reasonably be considered, it could be cancelled and the relevant authorities would be informed.
Providing true and lawful contact information, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).
The User declares that they are over 18 years old and have legal capacity to enter into contracts through this Website.

The Website is primarily aimed at Users residing in Spain. Omniretro does not guarantee that the Website complies with the laws of other countries, either in whole or in part. Omniretro disclaims all liability that may arise from such access, nor does it guarantee shipments or the provision of services outside of Spain.

The User may formalize, at their choice, with Omniretro 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.

3. PURCHASE OR ACQUISITION PROCESS

Users can purchase on the Website by the established means and methods. They must follow the online purchase and/or acquisition procedure on https://omniretro.com, during which several products and/or services can be selected and added to the shopping cart or basket, and finally click on “Place Order” or “Go to PayPal”.

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.

Next, the User will receive an email confirming that Omniretro has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, where appropriate, they will also be informed by email when their purchase is being shipped.

Once the purchase procedure has been completed, the User consents that the Website will generate an electronic invoice that will be sent to the User by email. The User can also, if they wish, obtain a paper copy of their invoice, requesting it from Omniretro using the contact spaces on the Website or through the contact details provided above.

The User recognizes being aware, at the time of purchase, of certain specific sales conditions that concern the product and/or service in question and that are shown next to the presentation or, where applicable, image of it on its page on the Website, indicating, in an enunciative but not exhaustive way, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, the way in which the services will be performed and/or the cost of the services; and recognizes that the placement of the purchase order materializes the full and complete acceptance of the specific sales conditions applicable in each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website may be archived and kept in Omniretro’s computerized records in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in accordance with the LOPD and the rights that Users have under the privacy policy of this Website (Legal Notice and General Conditions of Use).

4. AVAILABILITY

All purchase orders received by Omniretro through the Website are subject to the availability of the products and/or to the fact that no circumstance or case of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. If there are difficulties in terms of product supply or there are no more products in stock, Omniretro undertakes to contact the User and refund any amount that may have been paid on account of the amount.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless otherwise stated and applied by legal requirement, especially with regard to VAT.

Shipping costs are free from €50 except for the Balearic and Canary Islands which involve an extra cost. Thus, Omniretro carries out the delivery and/or shipping services through different agencies: Seur, DHL, Correos Express, Zeleris, TNT, Correos or UPS.

In no case will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted payment methods will be: Credit or debit card, PayPal (extra charge of 2.5% of the total order), and Bank transfer.

Omniretro uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorizations by the issuing bank, if such entity does not authorize the payment, Omniretro will not be responsible for any delay or failure to deliver and will not be able to formalize any contract with the User.

Once Omniretro receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the shipment and/or service confirmation in the established form and, where applicable, place.

If the payment method is PayPal, the charge will be made at the time Omniretro sends the User a confirmation of the purchase order or acquisition of products and/or services.

In any case, by clicking on “Place Order” the User confirms that the payment method used is theirs.

Purchase orders in which the User selects bank transfer as the payment method will be reserved for 5 natural days from the order confirmation to be able to leave enough time for the bank transfer to be taken into account by the payment system used by Omniretro for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

Using this payment method, the User must ensure that they enter the exact amount of the purchase order, as well as the account number and the reference of the transfer correctly. In case of error, Omniretro will not be able to validate the order, which will be canceled.

6. DELIVERY

In cases where physical delivery of the contracted good is required, deliveries will be made within the following territory: Spain (Mainland and Balearic Islands).

Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the time frame indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum of 30 natural days from the date of the order confirmation.

If for some reason attributable to Omniretro, it is unable to meet the delivery date, it will contact the User to inform them 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 business days.

If it is impossible to make the delivery of the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.

If the User will not be at the delivery location during the agreed time slot, they must contact Omniretro to arrange delivery on another day.

In the event that 30 days have elapsed since your order was available for delivery, and it has not been delivered due to a cause not attributable to Omniretro, Omniretro will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a result of the termination of the contract, all payments received from the User will be refunded to them, except for any additional costs resulting from the User’s own choice of a delivery method different from the least expensive ordinary delivery method offered by the Website, without undue delay and, in any case, within a maximum of 14 natural days from the date the contract is considered terminated.

However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be charged to them.

For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment when the User or a third party indicated by the User acquires material possession of the products, which will be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks derived from the products will be borne by the User from the moment of their delivery. The User acquires ownership of the products when Omniretro receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount to be paid by Omniretro.

In accordance with the provisions of Law 88/1330, ba 03 ba bfafaaafa, of the Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally in force at any given time depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

It is brought to the User’s attention that if they detect that an error has occurred in entering data necessary to process their purchase request on the Website, they can modify the same by contacting Omniretro through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact the customer service, and/or using the contact details provided in clause one (General Information).

In any case, the User, before clicking on “Place Order”, has access to the space, shopping cart, or basket where their purchase requests are being recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification as established in Organic Law 15/1999, of December 13, on the Protection of Personal Data.

8. RETURNS

In cases where the User acquires products on or through the Owner’s Website, they are entitled to a series of rights, as enumerated 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 withdraw from said purchase within a period of 14 natural days without the need for justification.

This withdrawal period will expire 14 natural days after the day the User or a third party authorized by them, other than the carrier, acquired material possession of the goods purchased on Omniretro’s Website or, in the event that the goods that make up their order are delivered separately, 14 natural days after the day the User or a third party authorized by them, other than the carrier, acquired material possession of the last of those goods that made up a single purchase order, or in the case of a service contract, 14 natural days from the day the contract was concluded.

To exercise this right of withdrawal, the User must notify their decision to Omniretro. They may do so, where appropriate, through the contact spaces enabled on the Website or through:

Email: Info@omniretro.com

The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that Omniretro makes available to them as an annex to these Conditions, however, its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication expressing the unequivocal decision to withdraw is sent before the corresponding period expires.

In the event of withdrawal, Omniretro will refund the User all payments received, including shipping costs (with the exception of any additional costs chosen by the User for a different delivery method than the least expensive one offered on the Website) without undue delay and, in any case, no later than 14 natural days from the date on which Omniretro is informed of the User’s decision to withdraw.

Omniretro will refund the User using the same payment method they used for the initial purchase transaction. This refund will not generate any additional cost to the User. However, Omniretro may withhold said refund until it has received the products or items of the purchase, or until the User presents proof of their return, whichever condition is met first.

The User may return or send the products to Omniretro at the following address:

Calle el manzano 1,04230, Huercal de Almería, Almería

And they must do so without undue delay and, in any case, no later than 14 natural days from the date on which Omniretro was informed of the withdrawal decision.

The User acknowledges that they will have to bear the direct cost of returning the goods, if any were incurred. In addition, they will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set forth in Article 188 1/0888, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. In an enunciative, but not exhaustive manner, this would be the case of: personalized products; products that may deteriorate or expire quickly; CDs/DVDs of music or video without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

This same Law governs the provision of a service that the User may contract on this Website, as this Law also establishes that the Right of Withdrawal will not apply to Users when the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been completely executed by Omniretro, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond mere opening of the product, of products that are not in the same condition in which they were delivered or that have been damaged after delivery.

Likewise, the original packaging, instructions and other documents that may accompany the products must be returned.

Return of defective products or error in delivery

These are all cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, they must contact Omniretro immediately and inform them of the existing nonconformity (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 time, if a refund or, where appropriate, a replacement of the same 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 costs and the costs that the User may have incurred 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 recognised in the legislation in force at any given time for the User, as a consumer and user, will always apply.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products they may acquire through this Website, in the legally established terms for each type of product, with Omniretro therefore being responsible for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract if: they conform to the description made by Omniretro and possess the qualities presented in it; they are suitable for the ordinary uses to which products of the same type are destined; and they present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, they must proceed as indicated in the section Return of defective products or error in delivery. However, some of the products sold on the Website could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and which will therefore be part of the individual appearance of the product, and will not be a defect.

On the other hand, it could happen 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, they also have the possibility of contacting the responsible brand or manufacturer to find out how to exercise their legal guarantee right directly against them during the two years following the delivery of said products. To do this, the User must have retained all the information regarding the warranty of the products.

9. EXEMPTION FROM LIABILITY

Except as otherwise provided by law, Omniretro will not accept any responsibility for the following losses, regardless of their origin:

any losses that were not attributable to a breach by it;
business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred); or
any other indirect loss that was not reasonably foreseeable by both parties at the time the product sales contract between the parties was entered into.
Omniretro also limits its liability in the following cases:

Omniretro applies all the measures concerning providing a faithful visualization of the product on the Website, however it is not responsible for the minimal differences or inaccuracies that may exist due to lack of screen resolution, or browser problems or others of this nature.
Omniretro will act with the utmost diligence in order to make the product ordered available to the transport company. However, it is not responsible for damages resulting from a malfunction of the transport, especially due to causes such as strikes, road blockages, and in general any others typical of the sector, which result in delays, losses or theft of the product.

Technical failures that, due to fortuitous causes or other reasons, prevent the normal functioning of the internet service. Unavailability of the Website for maintenance or other reasons, which prevents the service from being available. Omniretro uses all the means at its disposal to carry out the process of purchase, payment and delivery/delivery of the products, however it is exempt from liability for causes not attributable to it, fortuitous case or force majeure.
Omniretro will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, Omniretro will also not be responsible for an incorrect return made by the User. It is the User’s responsibility to return the correct product.

In general, Omniretro will not be liable for any breach or delay in the performance of any of the obligations assumed when the same is due to events that are beyond its reasonable control, that is, due to a case of force majeure, and this may include, in an enunciative but not exhaustive way:
Strikes, lockouts or other labor disputes.
Civil commotion, riot, invasion, threat or act of terrorism, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, aircraft, motor vehicles or other means of public or private transportation.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended for the period during which the force majeure cause continues, and Omniretro will have an extension in the time to comply with them for a period of time equal to the duration of the force majeure cause. Omniretro will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure cause.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with Omniretro will be electronic (email or notices posted on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Omniretro sends electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with Omniretro through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Omniretro can contact and/or notify the User at their email address or at the postal address provided.

11. WAIVER

No waiver by Omniretro of a specific legal right or action or Omniretro’s failure to require strict compliance by the User with any of its obligations will, either, constitute a waiver of other rights or actions arising from a contract or from the Conditions, nor will it exonerate the User from compliance with its obligations.

No waiver by Omniretro of any of these Conditions or of the rights or actions arising from a contract will have effect, unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. FULL AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and Omniretro in relation to the subject of the sale and purchase and supersede any other pact, agreement or promise previously agreed verbally or in writing by the same parties.

The User and Omniretro 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.

13. DATA PROTECTION

The personal information or data that the User provides to Omniretro in the course of a transaction on the Website will be processed in accordance with the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data they provide is truthful.