Terms and conditions of sale

1. INTRODUCTION

The present document contains the Conditions regulating the sale of products on this website www.otostick.com by INNOVACIONES DISRAS S.L.(“The Company”) with Spanish CIF B06529119, and based at  Pol. Ind. San Isidro, Calle Pedregales 66, 06400 Don Benito (Spain).

Before placing an order, please read these Conditions carefully. If you disagree with these Conditions, do not place an order.

As these Sales Conditions may be modified at any time, you should read them prior to placing each new order. Should you have any questions about these Sales Conditions or wish to make a claim, contact us through our Customer Services Dept., by sending an email to info@otostick.com or by calling either of the following numbers: +34 924 853 754 / +34 657 82 04 87.

2. USE OF OUR WEBSITE

www.otostick.com is a website where you can purchase our aesthetic ear device.

By clicking the “I accept the sales conditions” box, you are stating that you are making a purchase with a payment obligation and you have read and unreservedly accept the present Sales Conditions, most specifically the following:

• The website pertaining to Innovaciones Disras S.L. is a generalist and intended for private individuals over the age of 16.
• You undertake to provide us with your email address, postal address and/or other contact details if you register or place an order.
• Remember, if you do not provide all the necessary information, we will not be able to process your order. In any case, prior to confirming your order, you must confirm you accept the present Conditions by clicking on the “I accept the sales conditions” box.

The user

Anyone accessing, browsing and using www.otostick.com automatically becomes a User. Upon starting to browse the Website, the User accepts all the Terms and Conditions herein established (including later modifications), notwithstanding the application of the corresponding mandatory legal provisions for each case.

The User accepts their responsibility to use www.otostick.com suitably. This responsibility covers:

• Using www.otostick.com properly for consultations and legally binding product purchases.
• Not making any false/fraudulent purchase. If OTOSTICK considers any operation to be of this nature, it may be cancelled and the information passed onto the relevant authorities.
• Provide true and accurate data.

International data transfer

An international data transfer occurs when the personal data are processed by a controller or administrator located outside the European Economic Area (countries in the European Union, Iceland, Liechtenstein and Norway), for which purpose they are sent to a third country or international organization outside this territory.

3. LEGAL BASIS

Law 3/2014, dated 27 March, which modified the Revised Text of the General Law on Consumer and User Protection and other complementary Acts, approved by Royal Legislative Decree 1/2007, dated 16 November, adapts Spanish legislation to the provisions of Directive 2011/83/EU, dated 25 October, on consumer rights, which supersedes Directives 85/577/EEC and LSSICE 34/2002 regulating our internet activity and Data Protection legislation (OL 3/2018, dated 5 December, on Data Protection and Guaranteed Digital Rights; and Regulation [EU] 2016/679, dated 27 April, on the protection of physical persons in the matter of the processing and free circulation of personal data).

4. SERVICE AVAILABILITY

The articles offered through this Website will be available in SPAIN.

The website also offers a list of chemist’s in Spain where our products can be found.

5. HOW TO PLACE AN ORDER

Purchasing from this website is convenient and easy. Once you have chosen the article you wish to buy, click on it and select the number of articles you want.

Having done this, click on the “Go to payment” option, then on the “Purchase” option, before providing the delivery details and accessing payment options.

To make a purchase, you need to provide billing and delivery details, which will be added to our database in order to process the order and facilitate any future purchases made through this Website.

The personal data provided by our users will be processed in accordance with the provisions of our Privacy Policy

The user can at any time access the personal data provided and information on orders placed. INNOVACIONES DISRAS S.L. would like to remind users that the personal data given must be accurate to avoid any confusion or incidents when the purchase article(s) is/are sent.

6. ACCEPTANCE OF SERVICE AND CONFIRMATION OF ORDER RECEIPT

Acceptance of the purchase is achieved by clicking on the “Go to payment” box. Here, you should:

• Give the billing and delivery details so we can process your order;
• Choose the delivery method;
• Once you have checked your order, accept the Sales Conditions by clicking on the corresponding box and then click on the “Go to payment” option.
• Choose the payment method

If you are paying by card or Penpal, you will be redirected to the secure area for the (Bank) or Paypal (depending on the payment method chosen) to make your payment.
Once you have accepted the purchase and made the payment, you will receive an email with an identification code to track your order.

However, remember that all orders are subject to product availability, as noted in the section below, and, in particular, compliance with the conditions detailed in Section 2.

The Customer bears full responsibility for choosing the product and its adaptation to their needs. The Company is not liable for this matter. Should the Customer require further or complementary information about product characteristics or use, then this can be requested from the Company. Having already been informed about the products sold by the Company and having verified and being satisfied by the requirements determined by this latter, the Customer is then responsible for the order. At no point is the Company liable for direct or indirect damage of any kind that may arise from misuse or not being able to use the product sold.

INNOVACIONES DISRAS S.L.is a Spanish company and as such trades under Spanish legislation, which is applicable to all our shipments.

7. VALIDITY OF OFFERS AND PRODUCT AVAILABILITY

Product offers are valid while they remain on the www.otostick.com.  Website unless a specific period is determined (as is the case of promotional offers for specific dates).

In any case, all products are subject to availability. If there are supply or stock issues, you will be informed (via your contact details) of the lack of availability and we will proceed to immediately reimburse the amount you have paid or offer you a product with similar characteristics.

8. DELIVERY AND SHIPPING COSTS

The ordered products shall be delivered to the address specified by the customer during the order process, within the times which are shown on the website.

These times are approximate, as they depend on the delivery area, the shipping mode and the availability of the Product. Late delivery shall not result in any compensation for damages.

Any orders placed on Saturdays, holidays or vacation periods will be processed the next business day. There will be no deliveries on Saturdays, Sundays and holidays.

The Company reserves the right to choose the carrier and ensures the smooth delivery of the Products. Delivery costs will be billed to the Customer and appear on the invoice.

For deliveries to the abroad the costs of processing the parcel at customs and council expenses shall be entirely borne by the customer. The value of these varies depending on the criteria of each customs office and the characteristics of the order.

Delivery time limits may be altered by extraordinary circumstances such as: Customs enforcement, strikes, extreme weather conditions, resolutions and security measures implemented by some countries at specific times.

It is important for you to provide us with a telephone number when you place your order as this allows the carrier to contact you should the need arise.

Should you not receive the order within the period given or have any questions, contact us through our Customer Services Dept., by sending an email to info@otostick.com or by calling either of the following number:.  +34 924 853 754 / +34 657 820487.

Cancellation or modification:

The order may be cancelled, changed or modified free of charge if the order is still ‘Pending’ and in the 12 hours following order placement.

INNOVACIONES DISRAS S.L. RESERVES THE RIGHT TO CANCEL DELIVERY OF ANY ORDER WHEN:

The delivery address lies outside our coverage area.

The delivery address has been altered or is untraceable due to natural disasters such as floods, earthquakes, etc. or cadastral reasons. The procedure in this case is to contact us to provide a new temporary address.

There have been various attempts to find the customer and delivery has proven impossible. In this case, all product costs are returned upon the parcel returning to our pharmacy.

The quantity requested surpasses the maximum dimensions and volume for the transport company to handle comfortably.

Product not in stock:

Should an item be out of stock or momentarily unavailable, the Company will contact the Customer immediately and provide a new delivery schedule or, should it prove impossible to provide said product, cancel it.

Returns

Returns are only accepted in the case of breakage, faulty goods or some kind of defect or mistake in the order made by www.otostick.com. If the product is not returned for the previously mentioned reasons, the User recognizes that they know the exceptions to the right of withdrawal, as detailed in article 103 of Legislative Royal Decree 1/2007, dated 16 November, which enacted the General Law on the Defense of Consumers and Users: the supply of sealed goods that have been opened after delivery and are not suitable to be returned for health or hygiene reasons.

The Customer needs to check the status of the packaging and that the delivery is correct according to the order placed. As a consequence of the above, a maximum period of 14 days is available for returns from the date of receipt of the order. In this case, delivery costs are met by the Customer..

Prior to this, the Customer must first contact our customer services department within the period given by e-mail info@otostick.com with ‘Incident + order no.’ as the subject or by telephone +34 924 853 754 and we will let them know how to proceed with the returns process. No repayment will be made without prior communication between the Customer and us and accepted by INNOVACIONES DISRAS S.L.. . Both the withdrawal forms and claims forms are available to you.

For the returned goods to be admitted, the product and its packaging must be in perfect conditions and include all accessories and original documents. The returned article must be properly packaged when sent.

NOTE:

The Company will not repay the cost or resend the goods until the state of the product, packaging and accessories involved in the returns or exchange process has been checked upon receipt.

The price to be returned is that on the order and this amount will be returned via the same payment method as used by the Customer (see refund method table).

Abandonment or rejection of goods by client in the destination country:

If goods are not accepted or withdrawn from Customs installations in the destination country because the client refuses to pay the taxes or fees that certain countries apply to imported foreign goods and the Company is asked to return the cost of the purchase made, the company will make the corresponding refund, having first discounted transport costs for delivery of the goods to and from their destination, within a maximum period of 15 days from the goods being received at the Company.

Reimbursement due to breakage, defective goods or deficiency:

Once the reimbursement is accepted, the client will send the product to our facilities. After receiving and checking the state of our products, we will refund the amount corresponding to the price paid at purchase. In the event of exchanges, the product is always replaced with an identical article (or reference). Only the first delivery will be invoiced; the Company will meet the costs corresponding to the new delivery. Should you wish to receive a different article, the costs for the returns and new delivery will not be met by the Company.

Reimbursement due to an incorrect product:

if your order contains the wrong item, The Company, will correct the mistake immediately. The correct product will be dispatched post haste so the courier service can collect and replace the incorrect product. The Company will meet all costs to collect the incorrect product and deliver the item corresponding to the order placed.

Failed deliveries:

If you are not present at the delivery address given, the courier service will leave a note. Then, you can contact them to programmed a new delivery date/time.

Should your parcel be returned to our store, we can send it back; the cost of this second delivery will be met by the Customer.

9. PRICE & PAYMENT

9.1 PRICES

The prices given on the product lists are in Euros and include VAT.

The total cost, including fees and delivery costs, are given in the purchase summary.

We must inform you that we are not liable for fees or customs duties that some countries apply to foreign shipments.

The Company reserves the right to modify its prices at any time and is committed to applying the current rate at the time of the Customer’s order.

9.2 PAYMENT METHODS

Payment method

• O.D.
• Debit/Credit card
• Transfer
• Paypal

Reimbursement method

C.O.D. Transfer, 3 to 5 business days (may take longer depending on your bank)

Debit/Credit card. To the same card, 3 to 5 business days (may take longer depending on your bank)

Transfer, 3 to 5 business days (interbank transfers between different countries may take longer)

Paypal, 5 business days

9.3 SECURE PAYMENT PROCESS

Data are transferred in an encrypted form using SSL Protocol. If you pay by card, after clicking on the corresponding payment box, you are redirected to a secure page pertaining to the banking organisation we work with where you will be asked for your card details (card no., holder, expiry date and CVV). With the details entered, the operation will be sent to your bank which will validate the authenticity of the operation.

Once there is bank confirmation, the card is charged for the transaction. Without confirmation, the order is cancelled. In either case, you will be informed of the result. By making a card payment, you are confirming it is your card.

10. CUSTOMER SERVICE

To ensure the convenience of your purchase, should there be any doubt, please contact our customer service:

By sending an email to info@otostick.com

By calling either of these number +34 924 853 754  / +34 657 82 04 87.

11. WARRANTIES

There is a legally-designated warranty on the products from the delivery data against faulty design. Should you report an incident and return the product to us, it will be analysed and should it prove faulty, it will be replaced.

12. MODIFICATION OF DATA AND DEREGISTERING

At any time prior to confirming an order, you can alter your personal details. Once the order is confirmed, you may modify the data provided for said order by contact us by email info@otostick.com or by calling on of the following number: +34 924 853 754 / +34 657 82 04 87.

Remember that at any time you may exercise your rights to access, rectify, cancel and/or oppose through your Customer account or by sending an email to: info@otostick.com

13. SAFETY

Innovaciones Disras SL applies SSL protocol to ensure the privacy of any data you have sent.

14. SEVERABILITY

Were any of the present conditions or provisions considered invalid, illegal or unenforceable to any extent by the relevant authority, they shall be separated from the remaining conditions and provisions which will remain valid to the extent so permitted by the Law.

15. EUROPEAN CONSUMER REGULATIONS

Please be aware that the European Commission has created the first Europe-wide platform for online commerce conflict resolution under the umbrella of the recent General Law on Consumer and User Protection. Thus, as we run an online sales platform, we must inform our users of the existence of an alternative online conflict resolution platform.

In order to use this conflict resolution platform, the user should click on the following link: http://ec.europa.eu/odr

16. DISPUTE RESOLUTION

Should any dispute arise, the parties will have the option to resolve the issue amicably. If no extra-judicial agreement is reached, the Tribunal appropriate to resolve these disputes shall be the Tribunals of Don Benito (Badajoz, Spain).