The present General Conditions regulate the acquisition of the products offered on the website otostick.com, owned by Innovaciones Disras S.L. (hereinafter, Otostick).
The acquisition of any of the products entails the full and unreserved acceptance of each and every one of the General Conditions indicated, without prejudice to the acceptance of the Particular Conditions which may be applicable to the acquisition of certain products.
These General Conditions may be modified without prior notice, therefore, it is advisable to read their content carefully before proceeding with the purchase of any of the products offered.
Otostick, in compliance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, informs you that:
Its company name is: Innovaciones Disras S.L.
Its commercial name is: Otostick.
Its VAT number is: B06529119.
Its registered office is at: Pol. Ind. San Isidro. C/Pedregales, 66 – 06400 Don Benito – BADAJOZ (SPAIN).
It is registered in the Mercantile Register of BADAJOZ T431, F 198, Page BA-19958.
For the performance of its activity, Otostick is subject to the following rules or codes of conduct, which can be accessed from its corresponding e-mail address:
|Standards or codes of conduct
|ISO 13485/ Quality Management System Certificate for Medical Devices/AENOR
|ISO 9001/ Certificado del Sistema de Gestión de la Certificado del Sistema de Gestión de la Calidad/AENOR
In order to communicate with us, we put at your disposal different means of contact which are detailed below:
Phone: (+34) 924 85 37 54 / (+34) 657 82 04 87
All notifications and communications between users and Otostick will be considered effective, for all purposes, when they are made by any of the means listed above.
The products offered, together with their main characteristics and price, appear on the screen.
Otostick reserves the right to decide, from time to time, the products and/or services offered to Clients. Thus, Otostick may, at any time, add new products and/or services to those currently offered. Likewise, Otostick reserves the right to withdraw or cease to offer, at any time and without prior notice, any of the products offered.
Once inside otostick.com, and in order to access the contracting of the different products, the User must follow all the instructions indicated in the purchase process, which implies the reading and acceptance of all the general and particular conditions set out in otostick.com.
The products offered by Otostick are considered to be medical devices and comply with all the characteristics indicated in the regulations (Royal Legislative Decree 1/2015, of 24 July, which approves the revised text of the Law on guarantees and rational use of medicines and medical devices.
Otostick aims to guarantee the availability of all products advertised on otostick.com. However, in the event that any product ordered is not available or if the product is out of stock, the customer will be informed by means of the contact details provided when making the purchase. The offer/s of the products are valid for as long as the offer exists on the otostick.com website, unless a specific period of time is indicated, such as in the case of promotional offers for specific dates.
If the product is not available, and the consumer has been informed of this, Otostick may supply a product of similar characteristics without any increase in price, in which case the consumer may accept or reject it by exercising his right of withdrawal and termination of the contract.
In case of unavailability of all or part of the order, and the rejection of the replacement products by the customer, the refund previously paid will be made according to the payment method chosen for the purchase of the product.
If Otostick is unjustifiably late in refunding the amounts paid, the consumer may claim double the amount due.
In order to make any purchase on otostick.com, the customer must be of legal age.
The steps to follow to make a purchase on the website are easy and convenient.
Once you have selected the article you wish to buy, you must click on it and select the number of articles you wish to buy.
Once you have selected the number of articles, you must click on the option «add to cart».
Then you must click on the option «Checkout», review the order and indicate your personal details and accept the General Terms and Conditions of Sale.
Once the purchase has been accepted and the payment has been made, you will receive an email with an identification code so that you can check the delivery status of your order.
It is also recommended that the customer prints and/or keeps a copy of the terms and conditions of sale on a durable medium when placing their order, as well as the proof of receipt sent by Otostick by email.
Together with your order, you will receive a corresponding invoice.
The invoice will only be issued electronically if the customer so requests.
For this purpose, the customer consents to the invoice being sent to him in electronic form. The customer will receive the invoice to the specified e-mail address. The customer may revoke this consent at any time by sending an e-mail to firstname.lastname@example.org indicating that he/she wishes to receive the invoice in paper form.
The order will be delivered to the address designated by the customer at the time of contracting, depending on the method chosen. As a general rule, the delivery time outside European territory will vary between 10 and 20 working days depending on the country.
The scope of delivery includes the following areas: mainland Spain, other territories after consultation with the customer.
The prices of the products listed on otostick.com are expressed in euros unless otherwise stated and are guaranteed for the duration of their validity, except in the case of printing errors and whatever the destination of the order.
We inform you that we are not responsible for taxes and customs duties that some countries apply to the entry of foreign shipments.
The final prices of all the products (and if applicable, the final prices per unit of measurement, when obligatory) together with their characteristics, offers, discounts, etc., are reflected in each of the articles that appear in the otostick.com catalogue.
VAT is included in the price of the products.
The prices of the products may vary at any time. In this case, the price to be applied will be that in force on the date the order is placed. In any case, the final cost will be communicated to the customer in the electronic purchase process before he/she formalises his/her acceptance.
The following payment methods are available:
a. By credit or debit card
You can pay immediately through the SSL secure payment gateway of our Bank. If any refund or cancellation of the order is necessary, the amount will be reimbursed through the same payment card.
The payment of the order will be authorised through PayPal, but no money will be withdrawn until PayPal verifies that it is correct. To do this, it is essential to have a PayPal account.
c. By bank transfer to
Bank: LA CAIXA
Account number: ES3121001691150200119145
When making the transfer, please indicate the name of the customer and the order number.
According to the regulations, the consumer and user will have the right to WITHDRAW from the contract for a maximum period of 14 calendar days without having to indicate the reason and without incurring any cost, except those provided for in art. 107.2 and 108 of RD1/2007, of 16 November, which approves the text referred to in the General Law for the Defence of Consumers and Users.
This right of withdrawal is not applicable to, among others:
Supply of sealed goods that cannot be returned for health and hygiene reasons.
The client will have a maximum period of 14 calendar days from the day of receipt of the goods or product ordered to inform Otostick of their desire to withdraw from the contract.
Withdrawal implies that Otostick will proceed to refund the amount already paid by the client within a maximum period of 14 calendar days, following the same procedure chosen by the client for the payment.
During this period, the consumer will communicate to the entrepreneur his/her decision to withdraw from the contract by filling in the form at the end of this document and sending it to the Otostick email address.
Otostick will communicate to the consumer on a durable medium an acknowledgement of receipt of the withdrawal.
In order to return a product, it is essential that the product is in perfect condition and in its original packaging, with the guarantee seal intact, with all its accessories and without having been used.
Once we receive your request we will contact the customer to indicate the details of the return.
The customer will bear the cost of returning the goods.
The products purchased through Otostick are guaranteed for a period of 3 years. The entrepreneur will be liable for any lack of conformity which exists at the time of delivery or supply and which becomes apparent within three years of delivery in the case of goods. This warranty period shall apply to the extent permitted by the nature of the goods, in this case, the estimated duration of the product is one week and ten days, so that the warranty ends in that period of time.
The goods delivered by the entrepreneur to the consumer or user shall be considered to be in conformity with the contract when they meet the applicable subjective and objective requirements provided that, where applicable, they have been correctly installed or integrated, without prejudice to the rights of third parties referred to in the General Law for the defence of consumers and users in art. 117.
Products purchased through otostick.com are covered by a warranty period from the moment of purchase, which covers possible manufacturing defects of the product.
Excluded from the guarantees are consumable products, deficiencies caused by improper use or manipulation, or defects resulting from any external cause.
The trader is liable to the consumer or user for any lack of conformity that exists at the time of delivery of the good, and the consumer or user may, by a simple declaration, require the trader to remedy the lack of conformity, price reduction or termination of the contract. In any of these cases, the consumer or user may also demand compensation for damages, if applicable.
The consumer or user shall be entitled to suspend payment of any outstanding part of the price of the purchased good until the entrepreneur fulfils the obligations laid down in this Title.
If the good is not in conformity with the contract, in order to bring it into conformity, the consumer or user shall have the right to choose between repair or replacement, unless one of these two options proves impossible or, in comparison with the other remedial measure, entails disproportionate costs for the entrepreneur, taking into account all the circumstances set out in the General Law for the defence of consumers and users.
If, once the repair has been completed and the product has been delivered, it is still not in conformity with the contract, the consumer may demand its replacement, a price reduction or termination of the contract.
In order to lodge any complaint or claim with Otostick, the customer should contact the customer service department.
According to the EU Consumer Online Dispute Resolution and in accordance with Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/.
The present conditions shall be governed by the Spanish legislation in force.
The language used shall be Spanish.