By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, please do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.
Sale of ONE OAK APPAREL, S.L. (hereinafter “ONE OAK”, “us” or “we”) items through this website is carried out by ONE OAK APPAREL, S.L., with registered + offices at Calle Alcalá 302 Oficina 4, C.P. 28027 Madrid, company registration number C.I.F. B04843256, registered at Registro Mercantil de Madrid, tomo 38718, 68, sheet number M-688415.
You may contact our customer service department by contacting us by email at [email protected]
YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us with, shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.
USE OF OUR WEBSITE
By using this website and/or by placing any order through it, you undertake:
1. To use the website exclusively to make legitimate enquiries or orders.
2. Not to make any speculative, false or fraudulent orders.
3. To provide correct and accurate contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies). By placing an order through this website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
Items offered over this website are only available for delivery to the following European countries: Austria, Belgium, Bulgaria, Check Republic, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and United Kingdom.
HOW THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale, but rather an invitation to treat. No contract in respect of any items will exist between us and you until we send you Order Confirmation by email.
AVAILABILITY OF ITEMS
All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items we will reimburse any monies that you may have paid.
REFUSAL OF ORDER
We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
As soon as we ship your order, you will receive en email from the shipping carrier that we will subcontract to send you your goods, with a link to track your order and contact the shipping company directly if needed. Subject to availability (see Clause 7 above), and unless there are any exceptional circumstances, we will endeavour to fulfil your order for items listed in the Order Confirmation by the delivery date set out in the Order Confirmation. If our supply of the items is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any items you have paid for but not received. For the purpose of these Terms, "delivery" or "delivered" shall be deemed to have occurred when you or a third party nominated by you acquires physical possession of the items, which will be evidenced by the signing for receipt of the items at the agreed delivery address.
UNABLE TO DELIVER
If our shipping carrier is unable to deliver, your items will be returned to our depot. You can contact our carrier directly (as indicated in the email received from them) or us by email at [email protected] to rearrange delivery.
RISK AND TITLE
The Items will be at your risk from the time of delivery. Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery (as defined in Clause 9), whichever is the later.
PRICE AND PAYMENT
The price of any items will be as stipulated on our website from time to time, except in cases of obvious error. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund. We are under no obligation to provide the items to you at the incorrect (lower) price (even after we have sent you an Order Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect price. The prices on this website include VAT. Delivery costs are explicitly stated at checkout. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. Therefore, except as provided above, price adjustments on previous orders are not permitted. Once you have finished shopping, all the items you wish to purchase are added to your cart and your next step will be to go to the checkout process and make payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. Throughout the purchase process, before payment, you can modify the details of your order.
Payment can be made by Visa, Mastercard and PayPal. To minimise the possibility of unauthorised access, all payments are 100% secure and carried out at external payment platforms.
VALUE ADDED TAX
All items displayed on this website are shipped from and to the European Union and all prices include VAT.
You may cancel your order for any reason up to 14 days from the date on which you physically receive your goods, by notifying us of your decision to cancel using the following contact email: [email protected] To meet the cancellation deadline, it is sufficient for you to have sent your communication concerning your exercise of the right to cancel before the cancellation period has expired.
We will process a refund, which will include the cost of delivery to the original delivery address. You do not have the right to cancel the Contract when items have been made to your specifications or are clearly personalized/engraved.
When you receive the items, you may handle them to establish their nature, characteristics and functioning. Acceptable handling of the items is that which would reasonably be allowed in a shop. Items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and any labels or tags must be intact. If your handling goes beyond what is acceptable and the items are damaged or diminished in value, we may deduct from the amount we reimburse to you, or you may be liable to us for, an amount equal to the diminished value of the items.
In order to get full refund, all items must be returned using or including all their original packaging, instructions, and other documents.
The shipping cost of returning any ONE OAK item is paid by our customers. You may choose to ship your returned goods directly to our office at your own expense at:
ONE OAK APPAREL SL
C/ ALCALÁ 302 OFICINA 4 PISO 1
Zip Code: 28027 MADRID, SPAIN
Or you may prefer that we can facilitate this shipment by providing you with the services of our usual carrier at a cost that we will specify when we inform you about the conditions to facilitate this service.
After receiving and examining the conditions of all returned items, we will inform you of whether you have the right to reimbursement of the amounts paid. The refund will be paid as soon as possible and, in all cases, within 14 days from the date on which we received your returned goods.
he refund will always be paid using the same payment means you used to pay for your purchase. You are responsible for the cost and risk of returning the items to us, as indicated above. If you have any questions, you can contact us at [email protected] Characteristics and warranty ONE OAK products are manufactured using sustainable and natural materials that may suffer slight modifications with time (such as slight color changes on wood). All ONE OAK products resist splashes, but are not submersible. It is recommended that you can avoid wetting them and also stay away from any source of ignition or corrosive gases. It is recommended that they are treated carefully, avoiding bumps or scratches with surfaces that could damage the condition of the wood or
other materials. In the event that any product is exposed to any of the previous conditions, ONE OAK will not be responsible for the deterioration of the product.
ONE OAK products have a twenty-four (24) month warranty upon receipt of the product by the Customer. The warranty covers only manufacturing defects that will appear during the warranty period. In this case, the Customer may contact ONE OAK by email at [email protected],
indicating the damage of the product and sending us graphic documents where they are clearly appreciated. Once the damage is evaluated by ONE OAK, and whenever they are manufacturing defects, ONE OAK will communicate to the Client the way to proceed in order to solve any problems. Solution may be, at the decision of ONE OAK, to ship the defective product back to ONE OAK for repair and subsequent return to the customer; or the shipment by ONE OAK of a new product to the customer. In any of the above cases, during the first three months of your purchase, ONE OAK will pay for all shipping costs arising from the warranty exercise. From this moment on, the customer must ship the defective product and pick up the repaired or new product at our headquarters in
Madrid, assuming the shipping costs that may be incurred. From ONE OAK we can, if the client wishes, facilitate the collection and delivery of the product at the address indicated at a cost that will be previously communicated to the customer.
In the event that the product suffers any type of deterioration not caused by a manufacturing defect (such as breakage due to improper use of the product by the Customer, improper operation due to getting wet, etc.), the repair / replacement of the product will not be covered by the warranty, and ONE OAK will not be responsible for the consequences on the product.
If the item that you have received is defective, please notify us at [email protected] Please provide proof of purchase (order confirmation email), attach pictures of the defect and we will notify you how to proceed to collect the defective good and provide you with a similar one in perfect conditions. ONE OAK will pay for any shipping expenses in this case.
Right of Withdrawal
You have the right to withdraw from your order within the following 14 days after receiving it, without providing any reason, although please note you have no right to withdraw items that are engraved/personalized as mentioned above. The withdrawal period is counted from the day of the delivery of the last item(s) in your order. The easiest way to exercise your right of withdrawal is to contact us at [email protected] and returning the goods to us using either of the returns methods described above.
However, to meet the withdrawal deadline, it is sufficient for you to let us know about your decision to withdraw from your order before the withdrawal period has expired. We will refund all payments received from you, including the costs of delivery to the original delivery address without undue delay and in any event no later than 14 days from the day on which we receive your goods in perfect conditions. We will use the same means of payment that you used to pay for your order and this will not cause you any extra fees. You must send back the items or hand them over to us without undue delay, and in any event no later than 14 days from the day on which we are informed about your decision to withdraw. Please use either of the return methods described above. You are only liable for any diminished value of the items resulting from their handling, other than that which is necessary to establish the nature, characteristics and functioning of the items.
This website includes the possibility to customise certain items by selecting your own texts and characters. You will find more information about this service in the relevant section. Please bear in mind that, due to technical issues or other matters outside our control, the colours, textures and actual sizes may differ to those shown on screen. Please also be aware that because these are customised products, they cannot be returned or exchanged. You guarantee that you are authorised to use the texts and other elements that form part of the customisation of the products. We may refuse your customisation, or cancel orders for customised products, if the customisation includes or consists of inappropriate content, property belonging to
third parties, or other illicit material. We assume no responsibility for, and we undertake no obligation to verify, the texts or other
elements included in the customisation created by users of this service. We do not guarantee the lawfulness of said texts or other elements, and we therefore take no responsibility for any loss and/or damage arising for any user(s) and/or third parties (whether these are individuals or public or private bodies) directly or indirectly derived from the customization.
LIABILITY AND DISCLAIMERS
Nothing in these Terms shall exclude or limit in any way our liability:
1. For death or personal injury caused by our negligence;
2. For fraud or fraudulent misrepresentation; or
3. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We are not liable for business losses. We only supply the items for domestic and private use. If you use the items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or
obtained from this website unless otherwise expressly set out on this website. We have a legal duty to supply items to you that are in conformity with the Contract, however, without affecting that duty and to the fullest extent permitted by law, all item descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising. Where you are contracting as a consumer, in line
with our obligations at law, we will be responsible for delivering items to you that: (i) comply with the description given by us and possess the qualities that we have presented in this website, (ii) are fit for the purposes for which items of their kind are normally used and (iii) show the quality and performance which are normal in items of the same type and can which can reasonably be expected. We warrant to you that any item purchased from us through this website is of satisfactory quality and reasonably fit for all of the purposes for which items of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or
implied, in relation to the items available on this website
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
This does not prevent you from using this website to the extent necessary to make a copy of any order or Contract details.
VIRUSES, HACKERING AND OTHER CYBERCRIMES
You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server,
computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack.
By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately. We will use reasonable care and skill to ensure that this website is safe, secure and free from bugs, viruses and other defects. Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.
LINKS FROM OUR WEBSITE
We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us should be given to us via email to [email protected] Notice will be deemed received and properly served immediately when posted on our website or 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent. However, you may transfer our guarantee in respect of defective products, which is stated at clause 16, to a person who has acquired the item. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item, for example by providing proof of purchase or producing a letter or chain of letters from the original Purchaser and subsequent Purchasers (where appropriate) transferring the benefit of the guarantee to the new owner of the item in question.
We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public
or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.
LAW AND JURISDICTION
The use of our website and the Contracts for the purchase of items through such website will be governed by the Spanish law. Any dispute arising from, or related to the use of this website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such.
We welcome your comments and feedback. Please send all feedback and comments to us via email at [email protected]
Last updated on October 14 th 2019