This document (together with all documents referred to herein) sets out the terms and conditions governing your use of this website (www.oceanclinic.shop) and your purchase of products from this website (the “Terms”). Please read these Terms, our Cookie Policy and our Privacy Policy (collectively, the “Privacy Policy”) carefully before using this website. By using this website or placing an order through this website you agree to be bound by these Terms and our Privacy Policy, so if you do not agree to all of the Terms and the Privacy Policy, you should not use this website.

These Terms may change from time to time. It is your responsibility to read them periodically, since those that are in force at the time of placing orders or in the absence of these, at the time of use of the website will be those that are applicable to you.

If you have any questions regarding the Terms and Conditions or the Data Protection Policies, you can contact us through our contact form.

These general conditions have been prepared in accordance with the provisions of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce and Royal Legislative Decree 1/2007, of November 16, 2007, approving the Revised Text of the General Law for the Defense of Consumers and Users and other complementary laws.

OUR GENERAL AND CONTACT DETAILS

The sale of items through this website is made under the name OCEAN CLINIC SL, limited company with registered office at Avenida Ramon y Cajal No. 7, Marbella, Malaga with CIF B-92964212, registered in the Mercantile Register of Malaga, Volume 4583, Folio 163, Page MA-99456, with email contact Info info@oceanclinic.net and phone 951 77 55 18

YOUR DATA AND USE OF OUR WEBSITE

The information or personal data you provide about yourself will be treated in accordance with the provisions of the Data Protection Policy. By using this website you consent to the processing of such information and data and declare that all information or data you provide is truthful and corresponds to reality. 

By making use of this website and placing orders through it you agree to:

1. To make use of this website only to make legally valid inquiries or orders.
2. Not to place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed, we will be authorized to cancel it and inform the relevant authorities.
3. To provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use such information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we need, we will not be able to fulfill your order.

INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other industrial and intellectual property rights on the materials or contents provided as part of the website correspond at all times to us or to those who granted us license for its use. You may use such material only as expressly authorized by us or by those who have licensed it to us. This does not prevent you from using this website to the extent necessary to copy your order information or Contact Us data.

VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or damaging programs or material onto this website. You will not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database related to our website. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offenses punishable by the applicable regulations. We will report any breach of such regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of a breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.

LINKS FROM OUR WEBSITE

Where our website contains links to other websites and materials from third parties, such links are provided for information purposes only and we have no control over the content of those websites or materials. We therefore accept no liability for any loss or damage arising from their use.

 
WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send you must be in writing. By using this website, you agree that most of such communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition shall not affect your statutory rights.

NOTIFICATIONS

The notifications you send us should preferably be sent through our contact form. In accordance with the provisions and unless otherwise stipulated, we may send communications either by e-mail or to the postal address provided by you when placing an order.

Notifications will be deemed to have been received and properly made at the time they are posted on our website, 24 hours after an e-mail is sent, or three days after the postmark date of any letter. To prove that notice has been given, it shall be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and duly delivered at the post office or in a post box and, in the case of an e-mail, that the e-mail was sent to the e-mail address specified by the recipient.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding on both you and us, as well as our respective successors, assigns and successors in title.

You may not convey, assign, encumber or otherwise transfer a contract or any of the rights or obligations under it without obtaining our prior written consent.

We may convey, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations under a contract at any time during its term. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers will not affect any rights that you, as a consumer, may have at law, nor will they void, reduce or otherwise limit any express or implied warranties that we may have given you.

EVENTS BEYOND OUR CONTROL
 

We shall not be liable for any failure or delay in the performance of any of the obligations undertaken, where the same is due to events beyond our reasonable control (“Force Majeure Cause”).

Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control, including, but not limited to, the following:

1. strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
3. Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of the use of trains, ships, airplanes, motor transport or other means of transportation, public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It shall be understood that the obligations shall be suspended during the period in which the Force Majeure Event continues, and we shall have an extension of time to fulfill such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable efforts to bring the Force Majeure Event to an end or to find a solution that will allow us to perform our obligations despite the Force Majeure Event.

WAIVER

The failure by us to require strict performance by you of any of your obligations under a contract or these <<Conditions>> or the failure by us to exercise any rights or remedies to which we may be entitled under such contract or these <<Conditions>>, shall not constitute a waiver or limitation of any such rights or remedies or relieve you from performing such obligations.

No waiver by us of any particular right or remedy shall constitute a waiver of any other rights or remedies under any agreement or the <<Conditions>>.

No waiver by us of any of these <<Conditions>> or any rights or remedies arising under a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to you in writing in accordance with the Notice section above.

PARTIAL NULLITY

If any of these <<Conditions>> or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.

COMPLETE AGREEMENT

These <<Conditions>> and any document expressly referred to herein constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior covenant, agreement or promise agreed between you and us orally or in writing.

You and we acknowledge that we have consented to enter into a contract without having relied on any statement or promise made by the other party or which could be inferred from any statement or writing in the negotiations entered into by the two of us prior thereto, except as expressly mentioned in these <<Conditions>>.

Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these <<Conditions>>.

OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS

We have the right to revise and amend these <<Conditions>> at any time.

APPLICABLE LAW AND JURISDICTION

The use of our website and contracts for the purchase of products through said website shall be governed by Spanish law.

Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the courts of Marbella.

However, in the event that the applicable regulations for the defense of consumers and users establish the possibility for them to choose the jurisdiction corresponding to their place of residence, they may proceed in accordance with such regulations.

If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.

Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, we inform Consumer Users that the European Commission has established an online dispute resolution platform to resolve disputes relating to contractual obligations arising from online sales or service contracts between a consumer resident in the Union and a company established in the Union. Users can obtain additional information through the following link:-https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

We welcome your comments and suggestions. Please send us such comments and suggestions, as well as any queries, complaints or claims, via our contact form or the postal or e-mail address indicated above.

Your complaints and claims to our customer service will be dealt with as soon as possible and, in any case, within the legally established time limit. Likewise, they will be registered with an identification code that we will inform you and will allow you to follow up on them.

If you as a consumer consider that your rights have been violated, you can send us your complaints through the e-mail address info@oceanclinic.net in order to request an extrajudicial solution of controversies.