Outletic.com / General conditions of use and contracting

GENERALITIES

There are established the General Conditions of Contracting (in forward, "CGC") of the contractual relation, which takes as an object the trading of products offered from the web page www.outletic.com, ownership of SURFSTOCKER, S.L. (In forward, "OUTLETIC"), with head office in Balmes Street 357 - 08006 – Barcelona, inscribed in the Barcelona Mercantile Record in the volume 40478, paper sheet 129, page number B 373667, inscription 1, with CIF: B-64943434, and the natural or juridical persons (in forward, "PARTNER"), that demonstrate the will to buy the above mentioned products by means of the realized request route Internet, across this website from the information appeared in the website or that visit it without completing the process of purchase (in forward, "PARTNER").

The purchase request of the PARTNER constitutes the particular conditions with which there is associated the present CGC, which the PARTNER must consult with character before the purchase of the product. The present CGC are exposed across the website www.outletic.com, to the PARTNER in order that he reads them, stamp them, file and agree. The PARTNER not being able to buy the product without the mentioned consultation above has taken place. The PARTNER always will have these CGC in a visible and freely accessible website.

The acceptance of the present CGC joined the request of the concrete products realized by the PARTNER. They imply the contract formalization of sale between OUTLETIC and the PARTNER who affirms:

a) To have read, understood and accepted the present conditions.

b) That is a major person of age and with full aptitude to contract.

APPLICABLE LEGISLATION AND ALTERATION OF THE CGC

The present CGC, is fastened to arranged in the Legislative Royal decree 1/2007, of November 16, by which there is approved the remolten text of the General Law for the Defense of the Consumers and Users and other complementary laws; the Law 7/1998, of April 13, on General Conditions of Contracting; to the Royal decree 1906/1999, of December 17, 1999, for which the Contracting regulates Telefonica or Electronics with general conditions; the Organic Law 15/1999, of December 13, of Protection of Information of Personal Character; the Law 7/1996, of January 15 of Arrangement of the Retail Trade and to the Law 34/2002 of July 11, of Services of the Company of the Information and of Electronic Trade.

OUTLETIC saves himself the law to modify the present CGC at any time, without it needs to communicate before to the PARTNER or USER, who in any case, is the only one responsible of checking them as prerequisite and indispensably to the acquisition of any available product across this web or his simple access. The CGC that would be exposed in the web at the moment when the PARTNER acquires the corresponding products it will be considered to be like valid and applicable in any case.

JURISDICTIONS AND OUTLETIC's OBLIGATIONS

Product delivery: OUTLETIC promises to deliver the product in mint condition in the direction that the PARTNER indicates in the form of order where there consist the particular conditions that join the present CGC. OUTLETIC will not be responsible for the mistakes caused in the delivery when the information introduced by the PARTNER in the form of order doesn’t adjust to the reality or it has been omitted.

The invoice that corresponds to the order will be available in OUTLETIC as soon as is confirmed the payment which will be able to be visualized by means of the link: "Mis pedidos". This original invoice includes the expenses of delivery and the VAT.

The reservations and claims must go directed to OUTLETIC by email to the direction that you will find in OUTLETIC's page.

DELIVERY DATE

I. Product delivery

OUTLETIC promises to deliver the product in mint condition in the direction that the PARTNER indicates in the form of order. In order to optimize the delivery we are grateful for the PARTNER who indicates a direction in which the order could be delivered inside the labor habitual schedule.

OUTLETIC informs the PARTNER that the same order can be divides in several deliveries.

II. Delivery date

The maximum term fixed for the deliveries is thirty days though OUTLETIC's habitual delivery time is in the habit of being lower than 15 days counted from the date of ending of the campaign.

For more information, it is important to consider that the procedure during this time is the following one: to receive the goods of our distributors in our stores (between 7 and 11 days), preparation of the orders (between 6 and 8 days) and sending across companies of urgent parcel service (between 1 and 2 days). OUTLETIC will communicate to the PARTNER the day that finishes the manipulation of the order by means of email confirming the exit of our stores. It should be submitted in the direction indicated at the moment of accomplishment of the purchase in a term from 24 to 48 hours.

This time is average and therefore it is an estimate. Because it they can change for logistic reasons or of major force. In cases of delays in the deliveries, OUTLETIC will inform the PARTNER in all that it should have knowledge of them.

Every delivery is considered to be effected from the moment in which the carrier puts the product at the disposal of the PARTNER, who materializes across the system of control used by the transport company.

If there are delays in the delivery of the orders attributable to OUTLETIC, the PARTNER will be able to annul his order of agreement with the procedure described in the Paragraph "Devoluciones". Those cases in which the order should have been a position at the PARTNER disposal on the part of the company of transport in the approved term and it could hasn’t belonged devoted by imputable reason to the PARTNER will not be considered to be delays in the delivery.

III. Delivery information, Deliveries don’t realized and Loss

In the same email in which it informs to the PARTNER that the product has gone out of OUTLETIC's stores, there is provided the number of sending and the number of attention to the client of the transport company responsible for the delivery, so that, in case that arises any incident in the delivery, the PARTNER could contact to solve it.

If the PARTNER is absent in the moment of the delivery, the transporter will leave a voucher indicating how to proceed to coordinate a new delivery. OUTLETIC contracts the accomplishment of a series of actions of follow-up (called to the PARTNER in different times), directed to guaranteeing that the delivery takes place, as part of the service of delivery of messenger company.

If spent 7 working days after the exit to distribution of the order the delivery has not reached agreement, the PARTNER will have to put in touch with OUTLETIC. In case the PARTNER doesn’t proceed like that, past 10 working days from the exit to distribution of the order this one will be returned to our stores and the PARTNER will have to take charge of the postage and handling and of return to origin of the goods, as well as of the possible associate expenses of management.

If the motive for which one could not have realized the delivery is the deviation of the package, our transporter will initiate an investigation. In these cases the period of response of our transporters are in the habit of ranging between one and three weeks.

IV. Deals in the delivery

The PARTNER will have to verify the good condition of the package before the transporter who, at the expense of OUTLETIC, realizes the delivery of the requested product, indicating in the delivery note of delivery any anomaly that it should detect in the packing. If, later, once checked the product, the PARTNER was detecting any incident as blow, break, indications of having being opened or any damage caused in this one by the sending, this one it promises to communicate route to OUTLETIC e-mail in the minor space of possible time and in a maximum of 7 skilful ones from the delivery.

OUTLETIC's responsibility: OUTLETIC in no case will be responsible in relation with:

Mistakes and delays in the access on the part of the PARTNER at the moment of introducing his information in the form of order, the slowness or impossibility of receipt on the part of the addressees of the confirmation of the order or any anomaly that could arise when these incidents are due to problems in the network Internet, reasons of act of God or major force and any another unforseeable contingency foreign to OUTLETIC's good faith. In any case OUTLETIC promises to solve the problems that could arise and to offer the whole necessary support to the PARTNER to come to a rapid and satisfactory solution of the incident.

Mistakes or hurts produced by a use of the inefficient service and of bad(wrong) faith on the part of the PARTNER.

Not operability or problems in the email address facilitated by the PARTNER for the sending of the confirmation of the order.

The descriptions of the products proposed by OUTLETIC, they will be given according to the information provided by the distributors to OUTLETIC. Nevertheless, the information given about every product, as well as his photos or contributed videos, they are exposed in outletic.com to title approximate, as well as all the trade names, brands or distinctive signs of any class contained in OUTLETIC's web page.

Additional OUTLETIC does not assume responsibility any derivative, to explanatory title but not limitative:

1. Utilization that the PARTNER or USER could do of the materials of this web or webs of link, already they are prohibited or allowed, in infraction of the rights of intellectual and / or industrial property of contents of the web or of third parties.

2. Eventual hurts and prejudices to the PARTNER or USER caused by a normal or abnormal functioning of the tools of search, of the organization or the location of the contents and / or I access to the web and, in general, of the mistakes or problems that are generated in the development or instrumentation of the technical elements that the web or a program facilitates to the PARTNER or USER.

3. Contents of those pages to which the PARTNER or USER could accede from links included in the web, already they are authorized or not.

4. Acts or omissions of third parties, with independence of which these third parties could be joined to OUTLETIC by means of contractual route.

5. Access of minors to the contents included in the web, being a responsibility of his progenitors or tutors to exercise a control adapted on the activity of the children or minors to his post or to install someone of the tools of control of the Internet use in order to avoid (i) the access to materials or not suitable contents for minors, as well as the (ii) the sending of personal information without the previous authorization of his progenitors or tutors.

6. Communications or dialogs in the course of the debates, forums, chats and virtual communities that are organized across or I half-close to the web and / or webs of link, it will not even answer, therefore, of the eventual hurts and prejudices that there should suffer the particular and / or collective PARTNER or USER as a result of the above mentioned communications and / or dialogs.

OUTLETIC will not be responsible in any case when they take place:

1. Failures or incidents that could take place in the communications, erased or incomplete transmissions, so that there is not guaranteed that the services of the web site are constant operative.

2. In any case OUTLETIC promises to solve the problems that could arise and to offer the whole necessary support to the PARTNER to come to a rapid and satisfactory solution of the incident.

3. Likewise, OUTLETIC has right to realize during temporary definite intervals, promotional campaigns to promote the record of new members in his service. OUTLETIC saves himself the right to modify the conditions of application of her promotions, to extend them communicating it due, or to come to the exclusion from anyone from the participants of the promotion in the supposition of detecting any anomaly, abuse or slightly ethical behavior in the participation of the same ones.

Guarantee: OUTLETIC puts under an obligation to the delivery of the product in mint condition, remaining exempt from any responsibility in relation with the possible breaks or faults in the packaging of the product produced after the delivery of the same one. In this supposition the PARTNER gives up claiming expressly any contractual responsibility or extracontractual for the possible hurts or prejudices. OUTLETIC acts neither as distributor of manufacturers or distribution wholesalers who guarantee that the products that they present to the sale in the www.outletic.com work correctly and do not present faults, nor secret vices that could make them dangerous or inadequate for a normal use.

The contractual offered guarantee is the one that habitually the distributor grants. The duration of the above mentioned guarantees is detailed clearly in the descriptive card of the products. As soon as the PARTNER has received the product it will have an information leaflet of the brand, the sufficient instructions for the correct use and installation of the product and all the information about the guarantee. No PARTNER will be able to request a more wide guarantee of the one that there is indicated.

OUTLETIC will facilitate the PARTNER to him, providing that this one requests it, the After-sales Service of the distributor to which having gone. In this respect, OUTLETIC will realize the actions directed to providing the PARTNER who like that it requests the information of contact of the above mentioned service and will facilitate to these sufficient information for the presentation of the pertinent claims. The guarantee will lose his force in case of faults or deteriorations caused by external factors, accidents, especially, electrical accidents, wear, installation and utilization not in conformity with the instructions of the distributor. In case of fault of the product OUTLETIC it would take charge of the freight ages of going and return of the product.

There remain excluded from the guarantee the products modified or repaired by the PARTNER or any other person not authorized by the distributor. The guarantee will not be applicable to the apparent vices and the faults of conformity of the product, for those that any claim will have to be formulated for the PARTNER in question in 7 days following the delivery of the products. The guarantee will not cover the products damaged by an inadequate use.

The term of legal guarantee is 2 years from the delivery of the product.

OUTLETIC will answer, in agreement with the Legislative Royal decree 1/2007, of the conformity in the moment of delivery of the product, with the present General Conditions as well as, specially, with the card of every product that should appear in the web page in the moment of his acquisition or that should belong dedicated to the PARTNER. The PARTNER, before signing the delivery of the order will have to check that the product submits in mint condition, if it gives his approval in the moment of delivery there will be presumed, on both parts, that the product is consent to the present General Conditions as well as to his corresponding card.

Period: OUTLETIC answers during a term of two years, counting from the delivery of the product, of any lack of conformity demonstrated in the moment of delivery of the product, in relation to the present General Conditions and to his corresponding card. In any case the PARTNER has a term of two months to inform OUTLETIC of the lack of conformity of the product, from the moment in which this one should detect.

In the case that the above mentioned lack of conformity had been detected passed 6 months from the delivery of the product, he will be the PARTNER who should demonstrate that the above mentioned lack of conformity already existed in the mentioned moment of delivery. In the above mentioned case OUTLETIC it will do the reasonable actions to effects of which the PARTNER could contact the manufacturer of the product to effects of finding the best solution in every concrete case, without OUTLETIC puts under an obligation to the obtaining of no concrete result.

In case of lack of conformity of the product with the present General Conditions or of his corresponding card, providing that the requirements are fulfilled here exposed, the PARTNER will be able:

To demand the repair or substitution of the product, according to the rules established in the Legislative Royal decree 1/2007.

To demand the reduction of the price or the resolution of the contract, when the repair substitution of the product they were not possible. In no case the contract will be solved when the lack of conformity performs scanty importance.

Availability: OUTLETIC informs to the PARTNER that the number of available units on the campaigns having begun have been reserved by our distributors for his sale in the web site. In no case OUTLETIC it will put to the sale of meaningful form more units of which the supplier has reserved him.

OUTLETIC will do everything possible for taking pleasure to the PARTNER in the demand of the products. In case of unavailability of the product after the order having been realized, the PARTNER will be informed by e-mail about the cancellation about this one. Immediately after this demand, the rapidity of the return in the bank account of the PARTNER will depend on the type of bank card and on the conditions of every bank company.

RIGHTS AND OBLIGATIONS OF THE PARTNER

Payment: the PARTNER promises to pay in advance the amount for the product really requested in the quantity and forms following:

Amount: the remuneration for the product really requested by the PARTNER depending on the requested product will be indicated in the web site and the one that appears in the concrete request of the PARTNER in every moment, requests that will constitute the particular conditions of the concrete order. The prices of the products that appear in the web site appear always with the included VAT.

To the price that appears in the web site for each of the offered products he will be added by the rates corresponding to the pertinent postage and handling. On having treated itself about rates that never it applies it does not even control OUTLETIC, the same ones they will be always the offered ones for the companies deprived of messenger company with which OUTLETIC has contracted the above mentioned service; in any case the above mentioned rates will be communicated before to the PARTNER before formalizing the own purchase and in the e-mail of confirmation of the same one.

The discount and the prudent shopping are established using the prices of list given by the distributor, or using the prices stated by OUTLETIC's services in the points of sale.

Forms of payment: the PARTNER will have to pay the amount corresponding to his order by means of payment to slant credit card (VISA or MASTERCARD) and Paypal.

PARTNER’s responsibility: in any case, it will be a responsibility of the PARTNER:

To assume all the risks of deterioration, damage, hurts and loss of the products from the moment in which these had been put to his disposition withdrawal by the third party that, at the expense of OUTLETIC, realizes the delivery of the requested products.

WITHDRAWAL RIGHT: OUTLETIC recognizes the PARTNER the right of withdrawal in the terms and period recognized in the Legislative Royal decree 1/2007, in whose case OUTLETIC will reimburse to the PARTNER the amount satisfied with a view to price and applicable taxes, to the number of account indicated by the PARTNER. The PARTNER has a term, to exercise the right, of 7 working days counting from the delivery of the product, being considered as such it dates, except test in opposite, the indicated one in the document of delivery signed by the same one. To effects of exercising this one right the PARTNER will have to send an e-mail devoluciones@outletic.com and notify it to OUTLETIC, in some way admitted into right and into the foreseen period. In any case the PARTNER will take charge of the direct costs of return of the mentioned product, as well as of any damage in same produced as result of his return. In no case the right is granted of withdrawal on products that have been unsealing for the PARTNER or supplied by electronic route and that for his nature, are capable of being reproduced or unloaded by permanent character by the PARTNER.

CANCELLATION OF ORDERS

OUTLETIC will accept cancellations of orders when they are requested before the ending of the campaign. To realize a cancellation you must contact us in the telephone number 902 63 64 50.

Cancellations of orders will not be accepted as soon as the campaign is finished. The motive is that the product already is in the phase of logistics and for operative motives it is not possible to stop the process of delivery.

To request a cancellation of an order once finished the campaign will have to follow the steps stipulated in the paragraph Return.

RETURN

All the sold products will be able to be returned during 7 working days counted from the date of delivery, of agreement the dispositions of the Spanish Law of Retail Trade.

Before, the PARTNER will have to indicate his intention by e-mail. OUTLETIC will answer by means of another e-mail specifying the precise instructions for the return of the product.

The expenses of return will be chargeable to the PARTNER.

The reimbursement in the account of the PARTNER as consequence of this return, will be effected in the minor possible term from the receipt of the goods by OUTLETIC.

The return will not be able to take place in any case if the supplied products were manifestly an object of use.

The products imperatively must return correctly protected, in his packing of origin, in a perfect condition (not damaged or dirtied by the PARTNER) with all the accessories, instructions and documentation. They will be sent to the place specified by OUTLETIC in the precise instructions for the return of the product sent by means of e-mail.

In case the return was not accepted by the distributor for understanding that the product which return is claimed had been used, these products will remain in the distribution store to be gathered by the PARTNER, in a period not superior to thirty days from his return.

Neither will be able to be returned the packages in which there does not consist any attached element that allows to identify the sender (n ° of order, name, direction...).

The expenses and risks linked to the return of the product will be at the expense of the PARTNER, who will have to send them of sure form and with the necessary guarantees in order that the returned goods come in mint condition from conservation.

The return of the products will give place to an equal reimbursement at the cost of purchase of the return orders. The reimbursement doesn’t include the possible expenses of delivery.

Every person who returns his product will receive an e-mail informing him about the amount of his reimbursement.

Protection: OUTLETIC allows to the PARTNER to support his relatives and friends in order that they also could turn into members of OUTLETIC, without cost for none of them. Nevertheless, in order to preserve OUTLETIC's attractive character, the protection must be bordered to this restricted environment. The massive protection is forbid strictly in consequence, so much by means of announcements in Internet, in magazines or in any other way of communication.

Before the fact that a PARTNER of OUTLETIC invites a relative or friend to this one club, he will be the own member who answers before any possible responsibility derived from the above mentioned invitation; OUTLETIC will not have, therefore, any responsibility, since he is the own PARTNER who realizes the invitations.

When a guest becomes PARTNER loads a bond I discount of 5€ of automatic form in his account. In the moment that a guest realizes his first superior purchase to 15 € without including either postage and handling or indirect taxes also a discount bond will be loaded with automatic form by value of 5 € in the account of the person who has invited him. The bonds I discount for invitation they are discounted automatically of the total amount of the purchase providing that this one is superior to 15 € without postage and handling or indirect taxes.

In case of changes relative to the amount of the bonds of invitation, these they will be applied exclusively to the hanging bonds of being assigned to those who invite, when the first purchase of his respective guests is realized later to the date of the change.

OUTLETIC saves itself the right to cancel bonds when it observes a fraudulent use of these. An undue use is considered to be the sending of invitations between accounts of e-mail of the same person that should have for aim benefit from the bonds I discount.

COPYRIGHT AND BRAND: OUTLETIC informs that the web site www.outletic.com is fullly protected by the rights of intellectual or industrial property remaining expressly prohibited any reproduction, communication, distribution and transformation of the above-mentioned elements protected except express assent of OUTLETIC or of his legitimate holders. The brands of the products commercialized by OUTLETIC, which it sells across the web site, belong to his legitimate owners, as well as the brand OUTLETIC that belongs to SURFSTOCKER, S.L..

APPLICABLE LAW AND COMPETENT JURISDICTION: the present CGC is ruled by the Spanish legislation. To solve any controversy or conflict that stems from the present CGC OUTLETIC surrenders to the criteria of determination competencial established in the applicable legislation on consumers and users.

In case any clause of the present CGC is declared void, other clauses will be still in force and will be interpreted bearing in mind the will of the parts and the purpose itself of the present CGC. OUTLETIC will not be able to exercise anyone of the rights and powers awarded in this document what will not involve in any case the resignation to the same ones except express recognition on the part of OUTLETIC or legal prescription of the action(share) that in every case corresponds.