OX OCEANIX SALES CONDITIONS
SALES TERMS AND CONDITIONS
1.1 The following Sales Terms and Conditions (hereinafter referred to as the "Conditions") regulate the offer, sale, and delivery of products on the website or online store presented by OX-Oceanix® Watches LLC, located at USA, 8 THE GREEN STE A Dover, DE 19901 United States of America, with EIN Number 35-2819987, phone number +1(302) 213-648, and email address email@example.com. (hereinafter referred to as "OX", "OX-Oceanix"). Please read the Conditions carefully before using this website and its online store. We recommend that you keep these sales conditions for future reference.
1.2 By using this website or placing an order through it, by clicking the "ACCEPT" button during the ordering process, the user accepts the Conditions and consents to be bound by them. If you do not agree with the entire content of the Conditions, you should not use this website. These Conditions may be modified at any time, and the applicable Conditions are those in force at the time of using the website.
2 THE USER
2.1 The following conditions must be met to place an order:
Be of legal age.
Have the capacity to enter into a contract.
Be an individual acting as a consumer.
2.2 Please note that none of these conditions affect the rights granted to consumers by law, and they may apply as additional guarantees, if applicable.
2.3 The products offered through the website https://www.oceanixwatches.com are distributed exclusively to the following countries and/or regions: Argentina, Australia, Brazil, Canada, Chile, South Korea, United Arab Emirates (Dubai), United States of America (USA), Europe (EU countries), Hong Kong, India, Japan, Qatar, Mexico, Panama, Perú.
3 PURCHASING PRODUCTS, ORDER PROCESS
3.1 Placing an order for a product will be interpreted as an offer to purchase products under these Conditions.
3.2 After placing an order, the user will receive an email confirming the receipt of the order. This confirmation does not imply acceptance of the order, as it is subject to the acceptance of OX-Oceanix. To ensure transactions and combat fraud, OX-Oceanix reserves the right to request from the user:
Confirmation of information provided in the order via telephone, or
Submission of supporting documentation for the provided identification or address data, which will be processed in accordance with the General Data Protection Regulation (GDPR), or a a combination of federal and state laws, as well as industry-specific regulations. Some important federal laws related to data protection and privacy include: FCRA (Fair Credit Reporting Act): It deals with the collection and use of consumer credit information. COPPA (Children's Online Privacy Protection Act): This law addresses the collection of personal information from children under 13 years of age.
3.3 We disclaim all responsibility for spelling or photographic errors on this website.
3.4 The product descriptions are accurate at the time of publication but are subject to change or availability. OX-Oceanix cannot be held responsible for photography and/or typographical errors.
3.5. Orders are subject to acceptance by OX-Oceanix and the availability of the requested products. OX-Oceanix reserves the right to limit the number of products included in an order, as well as the number of identical items that can be ordered at once. OX-Oceanix also reserves the right not to accept or reject an order from a user who has a previous claim regarding payment for a previous purchase, or a previous purchase not in compliance with these conditions, or abnormal or abusive returns.
3.5 Orders are subject to acceptance by OX-Oceanix and the availability of the requested products. OX-Oceanix reserves the right to limit the number of products included in an order, as well as the number of identical items that can be ordered at once. OX-Oceanix also reserves the right not to accept or reject an order from a user against whom a claim has been filed regarding payment for a previous purchase, and/or a previous purchase not in compliance with these conditions, or abnormal or abusive returns.
3.6 If the requested product in the order is not available, we will inform the user by email at the address provided in the order, and the user will have the option to wait until the product is back in stock or cancel the order.
3.7 We will confirm to the user the acceptance of their order, as well as the delivery deadline, through email. By this confirmation, the sales contract between the user and OX-Oceanix Scuba Watches is established.
3.8. The Contract refers exclusively to the products detailed in the Order Confirmation. There is no obligation to deliver any other product that may appear in the order until the acceptance of the order for that product is confirmed in a separate Order Confirmation.
3.8 The website's ordering process is available in English and Spanish.
4 PRICE AND PAYMENT
4.1 The price of each product is the one displayed on the website at the time of placing the order, unless there is a manifest error. When the user purchases a product on this website, they will have to pay the indicated price (including the current country or region VAT or TAX). If applicable, shipping costs will be added to the final price, as indicated in our shipping cost table (Shipping Options).
4.2 Prices are subject to change at any time, but such changes will not affect orders for which we have already confirmed acceptance.
4.3 Shipping costs are not included in the price unless expressly stated on the website. In any case, shipping costs will be indicated separately. The unit prices and shipping costs will also be indicated separately in the shipping confirmation that will be sent by email, as well as the total amount to be paid.
4.4 We are not obligated to deliver the product at an incorrect lower price, even if the order confirmation has been sent, if the error is manifest and clearly recognizable as incorrect. In such a case, we will contact the user before shipping the product.
4.5 Payments can be made using the credit/debit cards detailed in the ordering process. The price to be paid will be indicated in the order confirmation. Payments are made prior to the product shipment.
4.6 All cards may be subject to validation and verification by their respective issuing entities. The cardholder's personal information may be made available to the issuing entity for such verifications. If the card-issuing entity refuses to authorize the payment, OX-Oceanix will not be responsible for delays or failures in delivering the products for which that card was indicated for payment.
4.7 In credit or debit card payments, the charge will be made in real-time through the payment gateway of the corresponding financial entity, once the authenticity of the communicated data has been verified. OX-Oceanix uses secure payment systems from top financial institutions in e-commerce to offer maximum security. In this regard, confidential payment data is transmitted directly and encrypted to the corresponding financial entity.
4.8 We will process the charge to your card before shipping the product. The shipment may be suspended until full payment is received.
5.1 We will confirm the shipping dates through a Shipping Note sent via email to the address provided in your order.
5.2 The place of delivery will be the one specified in the Order Confirmation, which will be indicated in the order. If the recipient of the shipment is absent at the time of delivery, a notice will be left at the delivery location so that the recipient can collect the shipment at the designated place and within the specified timeframe. If the shipment is not collected within the timeframe, it will be returned to OX-Oceanix, and it will be the buyer's responsibility to contact Customer Service for any eventual re-expedition at the buyer's expense.
5.3 We deliver to the following countries: Argentina, Australia, Brazil, Canada, Chile, South Korea, United Arab Emirates (Dubai), United States of America (USA), Europe (EU countries), Hong Kong, Japan, Qatar, Mexico, and Panama. If the consumer resides outside of this territory, they can place an order through our website as long as the shipping address is within the aforementioned countries.
5.4 For practical reasons, it may be necessary to make separate deliveries of products included in the same order (partial shipment). In such cases, we will inform the user in the Shipping Note, and this will not entail any additional delivery costs for the user.
5.5 If we are unable to meet the delivery deadline specified in the Order Confirmation, provided that the delay is not due to payment delays, we will contact the buyer to propose a new delivery date. If the buyer does not accept the proposed new date and we are unable to deliver the product within 10 days from the expiration of the initially set deadline, the buyer may cancel the order by email or written communication to the addresses indicated in section 1.1, and we will refund any amount that may have been paid within FOURTEEN (14) days, reimbursing it to the same credit/debit card used for the product payment.
6 TRANSFER OF OWNERSHIP AND RISKS
6.1 The transfer of ownership of the products will take place at the moment we receive full payment of the corresponding amounts for the products (including, if applicable, shipping costs).
6.2 Upon delivery, the transfer of risks concerning the product takes place. The risk referred to in this clause is the liability for damage caused to the product due to its use, handling, or storage. The risks associated with product returns belong to the buyer, except in cases of returns due to non-compliance with the contract during the warranty period stated in section 9 of these Conditions.
7 PURCHASE WITH REGISTRATION
7.1 To place an order on the website, users may register. The information provided for registration will be stored in OX-Oceanix's database and will be processed, depending countries in accordance to the provisions of U.S. federal and state laws, depending on the state (CCPA, ECPA, CalOPPA, FTC), or in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and other applicable legislation, as established in section 14.6 of these conditions.
7.2 Additionally, users who wish to do so can make purchases without registration.
8 RIGHT OF WITHDRAWAL
8.1. Any purchased product that does not fully satisfy the buyer may be returned under the right of withdrawal, which can be exercised without the need to provide any justification. The buyer can request a free return label from the OX-Oceanix Customer Service by filling out the form found in the "Service and Repair" section of our website and completing the return form available on our website in the Returns section, within FOURTEEN (14) calendar days from the date on which the buyer or a third party indicated by the buyer, other than the carrier, acquires physical possession of the affected product. In the case of delivery of multiple products ordered by the buyer in a single order and delivered separately, the FOURTEEN (14) calendar day period will be calculated from the day the buyer or a third party indicated by the buyer, other than the carrier, acquires physical possession of the last of the goods. We will promptly confirm the receipt of the withdrawal via e-mail (or a durable medium).
8.2. It is essential that the return form is properly completed in order to issue a courier collection label. The return must be sent to OX-Oceanix, Urbanización (Address), without undue delay and, in any case, no later than seven (7) bussiness days from the date on which you communicated your decision to withdraw from the contract by filling out the form for this purpose. The deadline will be considered met if you return the goods before the 7-day period has expired.
8.3. We will proceed to refund all payments received from the buyer, including, if applicable, shipping costs, using the same payment method used by you for the initial transaction unless you have expressly agreed otherwise in the return form, without undue delay and, in any case, before 14 calendar days have elapsed since the date of receipt of the withdrawal. In any case, you will not incur any fees as a result of the refund. OX-Oceanix may withhold the refund until we have received the returned product and verified it since it is an essential requirement that it has not been used and the entire set is in perfect condition, without any damage or obvious signs of use or misuse.
8.4. You alone will be responsible for any decrease in the value of the goods resulting from handling them differently than necessary to establish their nature, characteristics, and functioning.
8.5. To make returns for withdrawal, it is necessary to return the goods within the specified period in the previous paragraph, properly packaged with the collection label placed on the return package. If the product(s) is not returned in the original packaging and in perfect condition and has been used improperly and/or incorrectly, OX-Oceanix may charge for the depreciation of the product.
*Shipping costs will be borne by the customer in the following cases:
If you do not fill out or download or lose the collection label sent by OX-Oceanix.
However, if the loss of the label or any inconvenience occurs, please contact us via email firstname.lastname@example.org, indicating in the subject: RETURN REQUEST (Include order number), and we will send you again the label, as long as it is within the expected period described in the previous points.
8.6 To return a product, more specific conditions must be met, which are specified here in the 'Return Policy' section.
9.1 Seller's Warranty. The rules of Consumer protection and user rights in the USA (Federal Trade Commission -FTC-, or Electronic Communications Privacy Act -ECPA-), Europe (General Data Protection Regulation -GDPR-, or the Consumer Rights Directive, or EU Consumer Protection Cooperation -CPC- Network), and in other countries are governed by a set of laws and regulations that aim to safeguard consumers' interests and ensure fair and transparent business practices. The Consolidated Texts of the General Laws for the Defense of Consumers and Users, shall apply to purchases made by consumers on this website. The same provisions shall apply to other countries unless otherwise indicated.
In the event that the product does not conform to the contract according to the aforementioned Law, OX-Oceanix shall be responsible for any lack of conformity that manifests within a period of from one to three years from the delivery, under the legally established conditions and terms.
9.2 Additional Commercial Warranty for Watches. All watches offered for sale on this website benefit from the International Warranty granted by OX-Oceanix Watches LLC, which covers any material or manufacturing defects for a period of from 24 months (2 years from de date of purchase) to72 months (6 years from date of purschase) and applies to all countries worldwide where the product has been sold. When repair is inadequate to restore the watch to its normal conditions of use, the consumer may choose between replacing their watch with another of equal or similar characteristics or receiving a refund of the price paid. The complete warranty conditions can be found in the International Warranty Certificate provided with each watch. None of these conditions affect the rights granted to consumers by law, and they shall be applicable as an additional warranty if necessary.
9.3 Warranty claims can be made in the Service & Repair section by clicking here or by returning the product to OX-Oceanix. Warranty claims must be accompanied by one of the following documents if the product has not been registered on our website:
The received online invoice, or
Showroom or authorized dealer invoice, or
The original order confirmation accompanied by the bank receipt or credit card statement.
9.4. To return a product covered by the warranty by shipping it to OX-Oceanix, the following procedure must be followed: (i) Obtain and complete the Return Form found in the Customer Service section by clicking here. The warranty return form shall be sent via email to email@example.com, and upon receipt, OX-Oceanix Scuba Watches will send a confirmation to the email address provided by the consumer and arrange for the collection of the product through a courier company. (ii) Return the product using the courier company selected by OX-Oceanix. This shipment shall be free of charge for the consumer. (iii) The returned product must be accompanied by the completed Return Form and one of the following documents:
The received online invoice, or
Showroom or authorized dealer invoice, or
The original order confirmation accompanied by the bank receipt or credit card statement. (iv) Once our services have confirmed that the returned product falls within the warranty coverage, we will proceed, as indicated by the consumer in the return form, to repair and replace the non-functioning part, exchange the product, or provide a refund of the price paid.
10.1 OX-OCEANIX is responsible for the proper fulfillment of the obligations arising from the contract, whether directly assumed or through third-party service providers, while reserving the right to take appropriate action against them.
10.2 However, OX-OCEANIX is not responsible for damages that may result from the acts or omissions of the buyer, force majeure events, or damages caused by third parties not associated with OX-Oceanix for the fulfillment of the contract.
10.3 OX-Oceanix takes great care in presenting and describing the products. However, the product photographs are provided for illustrative purposes only. To ascertain the precise characteristics of each product, you must check the corresponding descriptive information.
10.4 Browsing and placing orders on the website implies knowledge and acceptance of the characteristics
10.5 OX-Oceanix cannot be held responsible for any direct or indirect damages or malfunctions, regardless of their cause, that may arise from an internet connection. It is the user's responsibility to take all necessary measures to protect their data or software installed or stored on their computer equipment. The connection to the website is made under the sole responsibility of the user.
11 INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
11.1 Industrial and/or intellectual property rights over the information, software, data, data structures, services, trademarks, patents, models, designs, graphics, logos, texts, video files, audio files, images, and other contents ("contents") published or used on the website are the property of OX-Oceanix or third parties. The user is not granted any rights or licenses with respect to any of the mentioned trademarks or rights and/or their use. The lack of explicit mention of ownership of the rights to the contents of the website does not mean that such rights are not owned by OX-Oceanix or third parties.
11.2 The contents of the website may not be used, copied, and/or printed in any way that exceeds the use of such information or materials for private and non-commercial purposes, and only to the extent that such use is in accordance with the terms of this Agreement. No part of the website may be reproduced in whole or in part. The documents or graphics that are part of the website shall not be modified, decomposed, or translated; the graphics shall not be used without the accompanying texts; any mentions relating to copyright and other rights shall be maintained when using the associated contents; the source code and/or the structure of the representations or contents, and the contents themselves, shall not be disclosed, partially or entirely, and/or used for purposes other than those strictly necessary for the operation of the website; the contents may not be used for the creation or manufacture of derivative products.
12 LINKS TO AND FROM OTHER WEBSITES
12.1 There may be hyperlinks from our website to third-party websites. Such third-party websites are not under the control of OX-Oceanix, and the user agrees that OX-Oceanix is not responsible for the accuracy, respect for intellectual and/or industrial property rights, legality, or content of these websites. OX-Oceanix will not be responsible for continuously monitoring the contents of such third-party websites. OX-Oceanix will immediately remove such links if it discovers or is informed of any rights violation. OX-Oceanix cannot guarantee user satisfaction with the products and/or services provided by such third parties through any of the linked websites, so the user should inform themselves in a manner they deem appropriate before engaging in any transactions through any of the third-party websites.
12.2 The creation of hyperlinks to our website is only allowed for private and non-commercial purposes. In this context, types of hyperlinks such as "deep linking," "framing," "in-line linking," and all types of integration of all or part of the Oceanixwatches website with third-party websites are prohibited. OX-Oceanix declines all responsibility in case of violation of this condition, as well as regarding any third-party websites that link to our website.
12.3 In any case, any link to our website must be removed upon the first request of OX-Oceanix.
13.1 These terms and conditions will apply as long as the offer of products for sale on the website remains online. OX-Oceanix may update, revise, supplement, and modify this Agreement at any time and establish new or additional rules, policies, or conditions regarding the use of the website. The applicable conditions will be those in effect at the time of placing your order.
14.1. Transfer of rights and obligations. The contract between the user and OX-Oceanix cannot be assigned or transferred, so the rights to the delivery of the purchased product defined under this contract cannot be disposed of in any way without obtaining our prior written agreement.
14.2 Validity. If any clause of this contract is declared null or invalid by a court resolution, the remaining clauses will remain in force and applicable.
14.3. Electronic Communication. By browsing our website, the user agrees that communications will be conducted electronically in accordance with applicable law. Computerized records stored in the secure computer systems of OX-Oceanix and its service providers shall be considered as proof and evidence of orders, communications, and payments that have taken place, in accordance with the provisions of U.S. federal and state regulations, as well as the relevant authorities such as the Federal Trade Commission (FTC), the Electronic Communications Privacy Act (ECPA), or the specific State Consumer Protection Laws, and in Europe in accordance with the Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, and other applicable regulations in any country.
15 GOVERNING LAW; AGREEMENT TO ARBITRATION OF CLAIMS
15.1 Governing Law; Agreement to Arbitration of Claims. Arbitration Required, Except for Small Claims. Any dispute, controversy or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product purchased from Maison through the Sales Channels, and any communications to or between us (a “Dispute”), will be resolved by binding arbitration, rather than in court, except that a consumer or OX OCEANIX may assert claims in small claims court if such claims qualify.
Informal Dispute Resolution. Before bringing any dispute in arbitration, you and OX OCEANIX agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any Dispute. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.
Jury Trial and Class Action Waiver. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. In addition, you and OX OCEANIX understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief if you are located in California. You and OX OCEANIX agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding.
How Arbitration Works. In order to file a complaint for arbitration after you and we have failed to resolve our Dispute through the informal process described above, you can go to the American Arbitration Association’s website at https://www.adr.org/Support or call 1-800-778-7879. You or we must include documents sufficient to demonstrate that we followed the information resolution process with the filing of any arbitration complaint. At your election, the arbitration will be conducted through video conference, on the papers, or in the state and county where you reside (as determined by your address on file with OX OCEANIX) or as otherwise agreed between the parties by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes, also available from AAA. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of Delaware, without reference to conflict of laws provisions.
16.1 Contact. To contact our company, the user can send mail to the following address:
OX-OCEANIX WATCHES LLC
8 THE GREEN STE A Dover,
DE 19901 United States of America
In accordance with the current regulations in Spain regarding data protection, as well as services of the information society and electronic commerce, the user accepts that the personal data provided at the time of registration, or any other data provided to access any of the services on our website, will be incorporated into files owned by OX-Oceanix. These data will be processed in order to facilitate the provision of the requested services, as well as for sending commercial and promotional information, and the management of administrative and billing tasks. The user accepts that OX-Oceanix may store and use the registration data provided by the user, including credit card information, to carry out the service and make the corresponding charges to their credit card. The recipient and controller of the file is OX-Oceanix, with address at USA, 8 THE GREEN STE A, Dover 19901, Delaware, United States of America, and with the email address firstname.lastname@example.org, and EIN Number 35-2819987, where the data subject may exercise their rights of access, rectification, cancellation, and opposition to the processing of their data.
Furthermore, the user gives their consent for OX-Oceanix to transfer their data to associated entities responsible for payment management or support, solely for the purpose of providing the agreed-upon services or carrying out payments, always in compliance with United States of America legislation on the protection of personal data. The user will be responsible for the accuracy of the data provided, and OX-Oceanix reserves the right to exclude any user who has provided false data from the services provided, without prejudice to any other legal actions that may apply.
FAST AND WITH THE BEST COURIERS AVAILABLES
Our standard shipping policy defines shipment as immediate upon payment, using appropriate international couriers for the destination country.
Our free shipping policy utilizes the Standard or Express service of the shipping companies, and depending on the country, it may take between 3 days and a 1 week ( or a little more longer in the case of shipments to Australia, for example). We will provide you with the Tracking Number of your FROG300 watch or OX OCEANIX® accessory so that you can track your purchase (we send to you via e-mail).
Please note (as you may already know) that depending on the destination country, the shipment may include additional taxes and/or customs duties of the destination country, which are and will remain the sole responsibility of the buyer and/or the recipient of the shipment.
For a quick and approximate idea:
Shipping to Europe from HK via DHL or UPS takes between 5 and 7 business days, depending on stock availability and requiring a few hours to prepare the order.
Shipping to the USA takes approximately 3-6 business days.
Shipping to other countries/destinations takes 7-14 business days.
For shipments, OX-OCEANIX® uses internationally renowned couriers with all the guarantees, such as DHL or UPS or similar.
You have 14 DAYS to return us your purchase
As a buyer, you have fourteen (14) calendar days from the date of receiving the watch to exercise your right to return the product and request a refund or exchange, as specified here in the Sales Conditions. To obtain a free return label, you, as the customer, need to go to our Customer Service section in this website and complete the corresponding form. Items must be returned no later than seven (7) business days from the date of notifying OX-Oceanix Watches about your decision to return the item.
All returned items must be returned in their original packaging and unused. The original purchase price of the products will be refunded to the customer once OX-Oceanix Watches receives the products and verifies the "unused" condition of the product, as well as the verification of all the accompanying accessories. Returns with damaged or deteriorated packaging will not be accepted, nor will returns showing clear signs of the watch being used, damaged, incomplete, etc.
In the case of wanting to exchange the watch or accessory, the replacement product will be sent once OX-Oceanix Watches has received the returned item. Damaged, used, or incomplete items sent by the customer will not be accepted (as they cannot be resold), and no refund or exchange will be issued.
In the event of evident misuse or damage due to use, OX-Oceanix Watches will return the received product in the same condition, not allowing for any exchange or refund.