All purchases made on our website by the customer shall be subject to the General Terms and Conditions of Purchase set forth herein. If any aspect of the purchase is not contemplated in the same, it will be regulated according to the legislation in force in Spain. The order placed by the Customer implies his agreement and acceptance of these General Terms and Conditions of Purchase. No stipulation made by the Customer on these may differ from those established by Zoama S.L. All information contained on the website regarding the items, their characteristics, their prices, their conditions of purchase including their forms and conditions of collection and payment may be modified by Zoama S.L., therefore, please check periodically if there have been updates to keep abreast. The latest version of the Terms of Purchase will always be available on the platform. Any new version of these Terms of Purchase shall take effect immediately on the date of its publication and shall govern all orders for products or services placed from that date. Any changes to the Terms of Purchase made after you have placed your order will not affect your order or your relationship with us, except as required by law.

It is understood that the customer accepts these conditions when browsing this website and placing any order, agreeing not to use this website or place any order contrary to current legislation, provide Zoama S.L. the correct information about his person, email, postal address, and other data that may be required and can only place an order if you are of legal age and have sufficient capacity to contract. In case Zoama S.L. suspects that it is failing to comply with any of the conditions set forth, the requested order will not be processed.

These conditions comply with the legal obligations established in Spanish legislation, specifically in Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, in 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, as well as other applicable regulations in force.

ELIGIBILITY TO PURCHASE

Orders for products may only be placed by persons who have reached the legal age of majority to enter into a contract (eighteen years of age in most countries), have the legal capacity to enter into a contract; and use a shipping address in the country or countries to which we ship. If you are a minor or otherwise do not have the legal capacity to enter into a contract, your parent or legal guardian must place the order on your behalf and thereby agree to these Terms of Purchase.

By placing an order, you represent and warrant that you are an end customer who wishes to bona fide purchase our products, for your personal use or the personal use of another person, and that you will not sell or otherwise distribute our products, or purchase our products or services for commercial purposes.

PRODUCT AVAILABILITY

All orders placed are subject to availability and acceptance of such orders by us.

4Quantitylimits mayapply to orders of certain products. We reserve the right to refuse at any time, without prior notice, orders exceeding a certain number of authorized products.

In the event that there are not enough units to provide you with the requested products, we may contact you within 48 hours of order confirmation to offer you products of similar quality that may be of interest to you, returning your money if you do not accept such changes within 24 hours by the same means that you made the payment.

ORDERING PROCESS

The ordering process will include the following:

Add to shopping cart: once you have selected a product, you can add it to your shopping cart. You can then decide whether you wish to continue shopping for other products and add them to your shopping cart (subject to availability and quantity limits). Placing an item in your shopping cart does not guarantee its availability for purchase, which will not be confirmed until you receive a written order and shipping confirmation.

When you are ready, go to the “checkout” section, using your registered user account. Within the checkout process, you will also be able to remove one or more products you have selected from your shopping cart.

Delivery, checkout and payment: as part of the checkout process, at this stage you will need to add and check your order details and personal details (including email address, shipping address, billing address and payment details). You will need to carefully check and confirm all details on the order summary page before submitting your order.

Placing the order: at this stage you must check the relevant box and place your order.

We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time for cause. For example, we may refuse, terminate or cancel your order if there is currently a dispute regarding payment for a previous order, or if we suspect, in our sole discretion, that you have engaged in fraudulent activity or otherwise breached these Terms of Purchase. In addition, as a primary requirement you must submit KYC information for Money Laundering and TerroristFinancing compliance.

The customer affirms that both own data, such as payment and shipping provided to Zoama S.L. are real and reliable. In the event that Zoama S.L. found that any or all of these data are false, the purchase will be automatically canceled and the customer can not claim any refund regarding the costs incurred by the management.

In the event that the customer provides data of a third person or entity when making the purchase, the customer shall be solely responsible that such third person or entity knows and expressly accepts such situation.

All liability for damages that may arise from this fact shall be borne entirely by the customer, excluding Zoama S.L. from any liability.

PRICE, TAXES AND SHIPPING COSTS

The prices shown on the products do not contain the sales tax VAT, as we operate under the special regime for used goods, hereinafter “REBU”, according to Law 37/1992, of December 28, 1992, on Value Added Tax.

Special rules apply when the purchase is made from a country outside the European Union for delivery in the country of residence. In this case, the customs systems of each country will apply the corresponding tax charges, which are the sole and exclusive responsibility of the purchaser.

Once you provide us with the delivery address, the applicable currency will be updated based on the shipping destination and will be displayed in your shopping cart before you place your order. You should check carefully for updated prices and currency.

Delivery charges are not shown on the product information pages, but will be added to the price of the product once you have selected your delivery options. A summary of these charges will be shown to you before you confirm and place your order and will be reflected in our email correspondence with you once you have selected your delivery options.

We will not be able to offer a VAT refund mechanism, since our products are subject to the Special Regime for Used Goods.

We reserve the right to change prices and shipping costs at any time without prior notice.

We make every effort to ensure that product prices and shipping costs are correct at the time the information in question is entered into the system or communicated to customers. However, it is always likely that, even though we have done everything reasonably possible, some of the prices or shipping costs of the products offered through the platform are incorrect. In the event that any of the products that you have included in your order are incorrectly priced, we will contact you as soon as possible to inform you of the error. If we are unable to contact you using the contact details you provided during the order process, we will cancel your order and notify you in writing. If, by mistake, we accept and process your order based on incorrect prices or delivery charges, we may cancel the supply of the product and refund any sums you have paid.

PAYMENT

We accept the payment methods identified within the order process. Depending on the payment methods, we may request additional information, or even set up identity verification systems through electronic means of verification methods, intensifying the identification of KYC in combination with the financial institutions that are parties to the economic transaction.

If you place an order, you must enter your payment details on the relevant form. All payment cardholders will be subject to validation and authorization checks by the card issuer. If the issuer of the card used for your payment refuses to authorize payment on our behalf, you should contact your card issuer directly to resolve this problem.

Other payment methods may also be subject to validation checks and authorization by payment system providers. You expressly authorize us to perform security checks, if we deem it necessary, to transmit to or obtain from third parties information (including any updated information) about you from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchasetransactions.

Usually, the full amount of your purchase will be blocked on your payment card until your order is shipped, at which time a Confirmation of Order and Shipment will be sent to you and you will receive a Confirmation of Order and Shipment. order is shipped, at which time you will be sent a Confirmation of Order and Shipment and your payment card will be your payment card will be charged the applicable purchase price.

When you use a credit or debit card, or any other instant or advance payment solution available on the platform, the full amount of your purchase may be withdrawn immediately after placing your order. This prepayment will not affect any of your statutory rights under these conditions of sale (including, for example, the right to a refund). Once we proceed with the shipment, you will receive a confirmation of the order and shipment. If we are unable to fulfill the obligations set out below relating to the shipment or delivery of the order, we will notify you by e-mail and proceed to refund your payment without further delay. If payment is made by credit or debit card, the full amount of the order may also be withheld until we ship the order, at which time you will receive an order and shipping confirmation and your card will be charged for the amount of the purchase.

We may accept payment by wire transfer for orders at our sole discretion. We will not charge a fee for the receipt of bank transfers ordered, however, some financial institutions may charge a fee for the use of the bank transfer service. We may acknowledge receipt of a bank transfer order, but the order will not be processed until payment has been received and confirmed to you by email. If your bank transfer payment is not credited to our bank account within seven (7) days after you have placed your order, your order will be cancelled.

SAFE PURCHASE

Zoama S.L. is committed to protecting our customers’ personal information. To make sure your order is secure, simply check it in your Internet browser while you are in the order section. Most browsers use some type of symbol to alert you to the fact that you are on a secure website. We store your shipping and billing information when you create an account with us, but that information will not be used by anyone other than Zoama S.L. and third parties who provide services related to Zoama S.L.’s online store.

ACKNOWLEDGEMENT OF RECEIPT OF ORDER

Once you have made your selection and placed your order, you will receive a written order receipt (by email or otherwise, confirming the details of your order together with an order reference number). Please ensure that you retain this order reference number for any future reference relating to your order. Acknowledgement of receipt of your order does not constitute acceptance of your order.

To confirm the order, we will carry out the usual solvency, anti-fraud, security and other related legal checks and, if the result is acceptable, we will then process your order. Once you receive the Order Acknowledgement, it is your responsibility to check it and confirm that it accurately reflects the products you ordered. If you have any questions or concerns, or if the Order Acknowledgement does not reflect your intentions, you should contact us.

SHIPPING POLICY

We will only accept orders for delivery to the country or countries indicated during the Order Process. We do not accept orders from those countries that the European Legislation in terms of Money Laundering and Financing of Terrorism qualify as “High Risk” countries, nor will shipments be made where there are discrepancies between the KYC (documentation received by the customer), having to match the following extremes: It must match, the shipping address with which it has been identified in the KYC process and the money must be received by the person making the purchase, any discrepancy with respect to these extremes will be grounds for cancellation of the order and rejection of the funds that would have been received.

CONFIRMATION OF ORDER AND SHIPMENT

At the time we ship your order, we will send you a written Order and Shipping Confirmation (by e-mail or other means). Such Order and Shipping Confirmation will constitute our acceptance of your order and will indicate the existence of a binding contract of sale.

DELIVERY

We will use our best efforts to ensure that the delivery of products listed as “in stock” will be made within the estimated delivery time from the date on which we communicate to you in writing our Order and Shipping Confirmation, and in any case within 7 working days from that date, unless your purchase concerns a product which we have explained to you will take longer to deliver.

On the website of Zoama S.L. we inform the indicative delivery time of each item which should always be considered for all purposes as purely informative, exempting Zoama S.L. from any liability in the event that these are not met.

When you place an order, you may select a specific delivery date. This date is subject to confirmation by us.

If delivery of the products is delayed for reasons beyond our control, we will inform you as soon as possible and will use reasonable efforts to minimize the inconvenience of the delay. If we do not deliver the product within thirty (30) days from the date we notify you in writing of the Order and Shipping Confirmation or such other time limit as we may specify, you may contact us to cancel the order in question and obtain a refund of any amounts you have paid to us in advance for any products you have not received.

In any event, your sole remedy in the event that we fail to deliver your order will be your right to cancel the order in question and to receive a refund of any amounts you have paid to us in advance for any products you do not receive.

In estimating your delivery time, please take into account the time required for credit and address verification, security checks and order processing. Please note that delivery of your order will always be subject to receipt of your payment in full.

We will require your manual or electronic signature, or the signature of a person present at the delivery address provided (unless you have arranged otherwise), to confirm delivery of each product, at which point you assume risk and responsibility for the products you have purchased. If you have specified a recipient other than yourself for delivery (for example, if you wish to send a gift), you understand and agree that the signature of such recipient (or of a person present at the delivery address) shall constitute proof of delivery and performance of the purchase contract by Zoama S.L. and the transfer of responsibility for the product to the recipient in the same manner as if the product had been delivered to you. We reserve the right to deliver the products exclusively to the person who is the intended recipient of the order, as indicated on the package label, and to request the presentation of an identity document for verification purposes at the time of delivery for certain categories of products.

Likewise, the receiver who signs and receives the product must verify the conditions in which he/she receives the package to ensure that it is not damaged. If you detect any anomaly that could have been caused in the transport and you are not satisfied, you must state it at that very moment, in writing on the delivery note, accompanied by your signature and stating the reason for your complaint (damaged product, …). You must communicate your dissatisfaction to Zoama S.L. no later than 24 hours after delivery of the goods.

The customer will have 24 hours to check the integrity of all the components of the product, as well as to verify that it includes all the accessories indicated in the characteristics of the article shown on the Zoama S.L. website. After this time, the integrity and content of the product will be considered accepted.

WARRANTIES AND RESERVES

Zoama S.L. represents and warrants that it can sell from third parties through its website and that it is in possession of sufficient means (both in technical equipment and services available) for the complete sales process.

Zoama S.L. makes no warranties about the results that may be obtained from the use of its products, nor about their full reliability or lack of errors.

Zoama S.L. makes every effort to ensure that the information appearing on its website or documents is correct, but cannot guarantee the accuracy of the descriptions.

The deterioration in the functionality of the articles, due to the limitation of their conception, of their location are excluded from the warranty coverage.

All items are guaranteed in the manner and term established by the manufacturer. The coverage, conditions and management of the warranty of each product will always be those established by the manufacturer, if applicable.

The warranty period shall not apply in the event of failure or defects caused by accident, negligence, or misuse of the product by the customer. In the same way, the manipulation or variation of the (with welding, additional wiring, foreign components, etc.) will automatically void the warranty. automatically void the warranty.

In any case, Zoama S.L. reserves the right not to accept the return of a product depending on the state in which it is returned.

Product integrity risks are transferred to the customer upon delivery.

In addition to the reminder of the existence of a legal guarantee of conformity for the goods, the existence and conditions of after-sales services and commercial warranties.

Zoama S.L. guarantees that the information transactions carried out through the forms on its order pages are totally secure within the current technological framework. In the purchase forms, all operations involving the transmission of personal data are carried out using a secure environment.

INVOICES

Upon receipt of the purchased product, an invoice will be sent to you in writing (to your e-mail address as a PDF attachment or by other means).

LIMITATION OF LIABILITY

To the extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products, whether express or implied, statutory or otherwise, or arising from any course of dealing, usage or past business practice.

Nothing in these Terms of Purchase limits or excludes our obligation to assume any liability that applicable law does not permit to be limited or excluded. Subject to such provision, our cumulative liability to you under these Terms of Purchase for any order, whether in contract, tort (including negligence) or otherwise, and even if we have been advised of the possibility of such damages, shall in no event exceed one hundred percent (100%) of the price of the product(s) in your order.

Please note that in some jurisdictions, consumer protection laws may not allow certain exclusions or limitations of warranties or liability and, therefore, some of the above exclusions and limitations may not apply.

GENERAL PROVISIONS

If any provision – or part of a provision – of these Terms of Purchase is determined to be illegal, void or unenforceable, such provision or part of a provision shall be deemed not to form part of these Terms of Purchase, so that the legality, validity and enforceability of the other provisions of the Terms of Purchase shall not be affected, unless otherwise required by applicable law.

These Conditions of Purchase (and the terms and conditions associated therewith, which are deemed incorporated by reference) constitute the entire agreement between you and us in connection with the ordering of products, and supersede and terminate all prior contracts, draft contracts, arrangements, initiatives or warranty agreements of any nature entered into between the parties, whether oral or written, relating to the same subject matter.

We shall not be liable for any failure or delay in the performance of our obligations under these Conditions of Purchase arising from any cause beyond our reasonable control.

A waiver by us of a breach of any provision hereof shall not be construed as a waiver of any subsequent breach.

This Agreement is between you and us. No other person shall have any right to enforce any of its provisions.

APPLICABLE LAW AND COMPETENT JURISDICTION

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

Any dispute, controversy or claim arising out of or in connection with the Conditions of Purchase – including in relation to the validity, invalidity, breach or termination of the Conditions of Purchase – shall be submitted to the jurisdiction of the Courts and Tribunals of Madrid Capital, expressly waiving any other jurisdiction that may correspond to the buyer, establishing a tacit submission to the Spanish Courts of Madrid Capital.

The customer shall indemnify Zoama S.L. for all expenses that may occur in the event of being charged by the customer (or by third parties related to the customer because of the purchase), in any cause whose responsibility was not directly attributable to him, including in such compensation the fees and expenses of lawyers Zoama S.L., even when the court decision was not final.

In all matters not provided for in this document, as well as in the interpretation and resolution of conflicts that may arise between the parties as a result of the same, Spanish law shall always be applicable, with express submission to the Courts of Madrid Capital.

Without any limitation to bring legal action in court, you and Zoama S.L. will first endeavor, to the extent reasonable, for a period of thirty (30) days, to resolve amicably any dispute or disagreement that may arise out of or relate to the product, the Conditions of Sale or any breach thereof.

The buyer and Zoama S.L. definitively submit to seek a method of alternative dispute resolution. To this end, they submit and waive any and tacitly submit to the one established by the Community of Madrid.