Terms & Privacy | OM CLOTHING™

COMPANY DETAILS

OM CLOTHING is a registered brand trademark protected by copyright owned by WE ARE OM SL.

Data of the brand and website’s owner:

WE ARE OM SL

TAX ID: ESB19954403

LEGAL ADDRESS: Plaza Catalunya 20, Local, 17002 Girona, Spain. (If you want to return a product please check the Returns & Refunds section HERE).

E-MAIL: [email protected]

MAIN PURPOSE: Production and sale of clothing and accessories.

PROPERTY RIGHTS

The Industrial and Intellectiual property rights that refer to works, brands, logos, or any other type susceptible of protection contained in the OM CLOTHING website correspond exclusively to WE ARE OM SL or to third parties that have authorised their inclusion in the website. The unauthorised reproduction, distribution, commercialization or transformation of such works, brands, logos, etc. is an infringement of the intellectual and industrial property rights of OM CLOTHING or its owner, and may result in the exercise of any judicial or extrajudicial actions that may correspond to them in the demanding of their rights.

With this being said, the information the client has access to through the website can be protected by industrial and property rights or other type of rights. WE ARE OM SL will in no case be responsible or under any concept of the right infractions that the user can make.

The website personal information supply requires the express acceptance of our Privacy Policy.

TERMS & CONDITIONS

The brand OM CLOTHING and tis website https://omclothingofficial.com/ are owned by WE ARE OM SL with Tax Identification Number ESB19954403 and registered address at Plaza Catalunya 20, Local, 17002 Girona, Spain.

These General Terms of Contracting regulate the distance sale relationship between WE ARE OM SL and the user or customer, in accordance with current legal provisions, in particular, Law 7/1998, of 13 April, concerning General Terms of Contracting, Law 3/2014, of 27 March, amending the revised text of the General Law for the Protection of Consumers and Users, Basic Law 3/2018, of 5 December, concerning the Protection of Personal Data and Guaranteeing Digital Rights, the General Data Protection Regulation (EU) 2016/679, Law 7/1996, of 15 January, concerning the Regulation of Retail Trade, and Law 34/2002, of 11 July, concerning Information Society and Electronic Commerce Services.

WE ARE OM SL reserves the right to make the modifications it considers appropriate, without prior notice, to these General Terms. These modifications may be made, through its websites, using any method permitted by Law, and will be enforceable during the time they are published on the website, until they are validly modified by other subsequent modifications. However, WE ARE OM SL reserves the right to apply, in certain cases, certain Special Terms of Contracting in preference to these General Terms when it considers this appropriate, giving due notice thereof in proper form.

The website’s purpose is marketing and sale of clothing and accessories.

The contract’s duration will be linked to delivery of the product, without prejudice to the right of withdrawal.

As user or customer, you expressly declare that you know, understand and accept the terms of use and these general terms of contracting. Furthermore, you declare that you are of legal age and have the legal capacity to act required to access WE ARE OM SL’s websites and contract through said websites.

The European Commission provides an online dispute resolution platform, that is available at the following link:

https://ec.europa.eu/consumers/odr/

If you wish to purchase our products, you can go to the appropriate section of our online store.

You can register as user of the website in order to make the purchase online in the appropriate section of the website. Pursuant to current applicable legislation on data protection, WE ARE OM SL informs you that the personal data collected during the registration process and subsequent purchase will be included in the processing system owned by WE ARE OM SL, with the purpose of processing your actions and managing subsequent actions derived therefrom.

Your data will be kept for the time strictly necessary to fulfil the above purpose, unless other storage periods are legally required.

We inform you that the legal basis for processing your data is the correct performance of the contract between the parties and your consent.

In accordance with the rights conferred by current data protection legislation, you may exercise the rights of access, rectification, restriction of processing, erasure, portability and objection to processing of your personal data, and also withdraw your consent to such processing, sending your request to the postal address given above or the e-mail address [email protected]. You may also contact the appropriate Supervisory Authority to lodge any complaint you consider appropriate.

During the purchase process, you should identify yourself with your user name and password. These data will not be made public. You are responsible for treating confidentially and responsibly the identity and password acquired during registration as a customer and you may not disclose them to other users. You can change the information registered on the website at any time, in your customer area. In this same section, you will have access to a history of your orders. This is only a consultation section. However, certain procedures are allowed, such as deleting those records that you no longer consider necessary to view.

Upon completing the purchase process, you will receive confirmation of the purchase by e-mail. You must give a valid e-mail address during the purchase process. If you do not receive confirmation within 24 hours after completing your order, please contact WE ARE OM SL by e-mail at [email protected].

All of the website’s contents is in English and Spanish, but we also communicate in Italian.

When you receive the product at the delivery address you have given, it will also include an invoice or a copy of the order.

Offer and validity

In the case of a product on offer, the offer’s price and validity will always be stated together with its basic features.

In compliance with current regulations, WE ARE OM SL provides information on all the items for sale, including their features and prices. However, WE ARE OM SL reserves the right to withdraw, replace or change the products offered through its website, by simply changing the website’s content. Thus, the products offered at any time by the website will be governed by the General Terms of Contracting in force in each case. Furthermore, the company will have the power to cease offering access to the products mentioned, at any time and without prior notice.

Basic features of the products

The products offered in our online store include a photograph and the products’ basic features, which is the information provided by the manufacturer. The product’s colour, as shown in the photograph, is not binding. The product’s colour is identified in its features.

Warranties

All products offered on the website are covered by the supplier’s sales warranty. WE ARE OM SL offers an after-sale service that customers can use during the warranty period by contacting WE ARE OM SL’s establishment, the after-sales, by e-mail sent to [email protected], or at the points established by the supplier.

Prices

All of the products show the selling price in Euros and include Value Added Tax (VAT) of 21% as the store is located in Spain and thus operates under the Spanish law..

Delivery and carriage costs

WE ARE OM SL only makes shipments in charging an amount of 5€ in Mainland Spain, 7€ in Balearic islands, 9€ in Portugal, 11€ in Italy, Germany and France, 13€ for the rest of Europe, and 15€ for the United Kingdom.

We ship to the whole of Europe and SEPA countries apart from Canary Island, Ceuta and Melilla due to operational constraints at customs, which we hope to overcome soon.

For orders over 100€, shipping is offered free of charge in Spain. For orders over 200€, shipping is offered free of charge for the rest of Europe and UK.

Forms of payment

You can pay for your order in any of the following ways. You must indicate which one you choose during the purchase process:

– Credit card or Bizum

All operations involving the transmission of personal or banking data are carried out using a secure environment in a server based on the standard 3D security technology SSL (Secure Sockets Layer). All of the information you send us is encrypted for transit through the Web.

Furthermore, your credit card information is entered directly into the bank’s website, at the bank’s POS (Point of Sale Terminal) and is not entered or recorded in any OM CLOTHING server.

Furthermore, your credit card information is entered directly into the bank’s website, at the Virtual POS (Redsys), and is not entered or recorded in any OM CLOTHING server. When you pay, you will be connected directly to the Redsys electronic payment platform https://sis.redsys.es/sis/realizarPago.

You will find more information at the following link: http://www.redsys.com/

When paying by card, you will always be asked for the following information: the card number, the expiry date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your VISA or MASTERCARD, which provides an additional guarantee for the transaction’s security.

This form of payment is only valid on the website.

When the amount of a purchase has been charged fraudulently or improperly by using a payment card number, the cardholder can demand immediate cancellation of the charge. In such cases, the corresponding debit and credit entries in the supplier’s and cardholder’s accounts will be made as soon as possible.

However, if the purchase was actually made by the cardholder and the demand for a refund was not a consequence of having exercised the right of withdrawal and, therefore, the cardholder had unduly demanded cancellation of the charge, the cardholder will be liable to WE ARE OM SL for compensation for damages caused as a result of the cancellation.

Any exchange fees and bank charges are to be paid by the customer.

Availability of the products offered by WE ARE OM SL may vary depending on customer demand. Although WE ARE OM SL updates the stock periodically, the product requested by the customer may be out of stock at that time. Should it not be possible to supply the product due to unavailability, WE ARE OM SL will notify the customer by e-mail as soon as it becomes aware of this situation. In no case will the period for sending this notice exceed a maximum of 30 (thirty) days. WE ARE OM SL may offer two options: supply a product having similar features or higher quality to the customer at the same price or, saving justified reasons that can be proven by WE ARE OM SL, refund the amounts paid for the cancelled order within the same period.

Returns

The customer must return or deliver the product directly to WE ARE OM SL through the seame mean, and in any case within a maximum period of 30 (thirty) calendar days counting from the date of purchase. The period for making returns will be considered fulfilled if the customer returns the product before expiry of the period.

The customer will cover the costs of the return.

Refund of payment

The amounts paid by the customer will be refunded using the same form of payment used by the customer, unless it has been provided otherwise.

WE ARE OM SL will refund the amounts paid by the customer within 30 (thirty) calendar days from the date of receipt of the right of withdrawal.

Return of faulty products

If the product is not in good condition for reasons not attributable to the customer, the customer will be entitled to return the product, notifying WE ARE OM SL of the reason for the return by any of the means provided in these terms of contracting, at no cost for the customer. Returns made because of faulty or spoiled products will not be considered an exercise of the right of withdrawal.

WE ARE OM SL undertakes to pay the cost of the return and to replace the product with a new one in accordance with the terms accepted at the time of sale.

If the customer wishes to file a complaint, the customer can send it to [email protected]

Jurisdiction

Furthermore, WE ARE OM SL reserves the right to bring any civil or criminal actions that it deems appropriate for improper use of its website and content, or for non-fulfilment of these terms.

The relationship between user and provider will be governed by the regulations in force and applicable in Spain. In the event of any disagreement between the parties, they may submit their conflicts for arbitration or take them to the ordinary courts, in accordance with the applicable rules concerning jurisdiction. WE ARE OM SL is located in GIRONA, Spain.

Applicable law

This Legal Notice is governed by Spanish law. Therefore, in the event of dispute regarding the interpretation of the terms and conditions contained herein and any other question related to the products and services provided on the Website shall be resolved in accordance with the applicable Spanish legislation.

Resolution of online litigation in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/

In the event of any dispute arising from use of the services provided on this Website, the parties, expressly waiving any other jurisdiction to which they may otherwise be entitled, agree to submit to the law courts of the user’s domicile provided it is located in Spanish territory.

Our website uses cookies to keep track of the items you add to your shopping cart, even when you have abandoned the checkout process. This information is used to determine when to send e.mail cart reminder messages.

PRIVACY POLICY

Pursuant to current applicable regulations on the protection of personal data, we inform you that your data will be included in the processing system owned by WE ARE OM SL with Tax Identification Number ESB19954403 and registered office located at Plaza Catalunya 20, Local, 17002 Girona, Spain, and that their respective purposes, storage periods and legal bases are listed below. For the processing that requires this, we also inform you of the possibility of profiling and automated decision-making, as well as the possible disclosures and international transfers that WE ARE OM SL plans to make:

Purpose: Process and manage the data required for the website’s functionality
Storage period: Until withdrawal of the consent given
Legal basis: The data subject’s consent
Type of data: Only identifying data
Disclosures: Not expected
International transfers: Not expected
Profiling: Not expected

Purpose: To attend to your queries and/or requests
Storage period: For such time as the consent is given
Legal basis: The data subject’s consent
Type of data: Only identifying data
Disclosures: None
International transfers: Not expected
Profiling: Not expected

Purpose: Manage and process the obligations and duties arising from compliance with the regulations which apply to the organisation
Storage period: Copies of the documents will be kept until the actions for claiming a possible liability have lapsed
Legal basis: Compliance with the law
Type of data: Only identifying data
Disclosures: Your data will be disclosed, if necessary, to bodies and/or public administrations with jurisdiction in the matter in order to comply with the obligations established in applicable legislation – In addition, you are informed that the legal basis for the disclosure is to comply with the obligations set forth in applicable legislation
International transfers: Not expected
Profiling: Not expected

Purpose: Collect, record and process data for marketing purposes in order to send you the Newsletter you have subscribed to
Storage period: For such time as the consent is given
Legal basis: The data subject’s consent
Type of data: Only identifying data
Disclosures: None
International transfers: Not expected
Profiling: Not expected

Purpose: Collect, record and process data for the purpose of managing your purchase, and to ensure correct performance, fulfilment and conclusion of the contract between both parties
Storage period: During the time necessary to manage purchase of the products or services acquired, including possible returns, complaints or claims associated with purchase of the particular product or service
Legal basis: Performance of contract
Type of data: Only identifying data
Disclosures: Your data will be disclosed, if necessary, to the Tax Authority, Banks, Savings Banks, Bodies and/or public administrations with jurisdiction in the matter in order to comply with the tax obligations established in applicable legislation – In addition, you are informed that the legal basis for the disclosure is to comply with the obligations set forth in applicable legislation
International transfers: Not expected
Profiling: Not expected

Purpose: Administrative management, invoicing, accounting and legal obligations
Storage period: 5 years in compliance with Tax Law and 10 years for the tax documentation in compliance with Basic Law 7/2012
Legal basis: Compliance with the law
Type of data: Only identifying data
Disclosures: Compliance with the law
International transfers: Not expected
Profiling: Not expected

CUSTOMER RIGHTS

WE ARE OM SL informs you that you can exercise the rights of access, rectification, restriction, erasure, portability and objection to processing your personal data before the Data Controller, and also withdraw the consent given.

Right of Access: This is your right to obtain information about your specific personal data and what processing has been or is being carried out on them, and also the information available about the source of such data and the disclosures made or planned.

Right of Rectification: This is your right to correction of inaccurate or incomplete data. Any such correction can only be made for the information that is under the APP’s control, for example, deleting comments published on the page itself, images or web content that contain your personal data.

Right to Restriction of Processing: This is the right to restrict the purposes of the processing originally intended by the data controller.

Right of Erasure: This is the right to erase your personal data, except as porvided in the GDPR itself or in other applicable regulations where obligatory storage periods and formats are specified.

Right of Portability: The right to receive the personal data that you have provided, in a structured, commonly used and machine-readable format, and to transmit them to another data controller.

Right of Objection: This is your right to prevent or stop processing of your personal data by WE ARE OM SL.

In order to exercise any of the rights described above, you must comply with the following requirements:

Send a letter to the address Plaza Catalunya 20, Local, 17002 Girona, Spain (for the attention of WE ARE OM SL) or via e-mail to [email protected]

The letter sent by the data subject requesting exercise of a given right must comply with the following legal requirements:

o The data subject’s full name and a copy of the Spanish National Identity Document or Foreigner Identity Document or any other identifying document. In the exceptional cases where representatives are accepted, these will also have to identify themselves in the same manner, in addition to the document confirming their status as representative. The photocopy of the National Identity Document may be replaced by other documents such as Passports, that prove identity by any other means valid under the law.

o The specific content of the request. (In which you request the information you wish to access). If you do not make any reference to a specific file, you will be given all the information held with your personal data. If you request information from a particular file, only the information in this file will be given. If you request information about a third party, this will be refused in all cases. If you request the information over the phone, you will be asked to request the information in writing; you will be told how you can do this and the address you must send your request to. You will never be given information over the phone.

o Address for notices.
o The date and the requesting person’s signature.
o Supporting documents for the request made.
o The data subject must use any medium that provides proof of you sending the request and us receiving it.

Lastly, we inform you that you have the right to lodge a complaint with the Spanish Data Protection Agency if you know or consider that a particular event may involve a breach of applicable data protection regulations.

WE ARE OM SL undertakes to take the necessary technical and organizational measures, matched to the level of risk entailed by the processing carried out by it and explained in the section on the terms and conditions of use, with the goal of guaranteeing their completeness, confidentiality and availability.

SOCIAL MEDIA

In keeping with what is established in applicable regulations on the Protection of Personal Information and Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE), WE ARE OM SL hereby informs users that they have created a profile on the social network(s) TikTok, Instagram, with the main purpose of advertising their products and services.

The user has a profile on the same Social Network and has decided to join the page created by WE ARE OM SL, thus showing their interest in the information made public through the Network. By joining our page, you are authorising our use of any personal information published on your profile.

The user can access the privacy policies of the Social Network at any time, or can configure their profile so as to guarantee their privacy.
WE ARE OM SL has access to and handles users’ public information, especially their contact name. This information is only used within the Social Network. It is not added to any sort of file.
With regard to the right to access, rectification, limitation of treatment, deletion, portability and opposition to the processing of your personal data, that you possess and that can be exercised in keeping with the RGPD, you must take into account the following:

Right of Access: It is the right of the user to obtain information about their specific personal data and the treatment that has been carried out or carried out, as well as the information available about the origin of said data and the communications made or planned of the same.

Right of Rectification: It is the right of the affected person to modify the data that turns out to be inaccurate or incomplete. It can only be satisfied in relation to that information that is under the control of WE ARE OM SL, for example, delete comments posted on the page itself, images or web contents where personal data of the user is recorded.

Right to Limitation of Treatment: It is the right to limit the purposes of the treatment originally provided by the controller.

Right of Deletion: It is the right to delete the personal data of the user, except as provided in the GDPR itself or in other applicable regulations that determine the obligation to preserve them, in a timely manner.

Portability right: The right to receive personal data that the user has provided, in a structured format, for common use and mechanical reading, and to transmit them to another responsible.

Right of Opposition: It is the right of the user not to carry out the processing of their personal data or to cease the processing of them by WE ARE OM SL.

WE ARE OM SL will perform the following actions:

Access public profile information.
Publish any information already available on the OM CLOTHING web page on their user profile.
Send personal and individual messages through the channels of the Social Network.
Update the status of their page, which will be published on their user profile.
The user can always control their connections, eliminate content that ceases to interest them, and restrict who they share their connections with. In order to do so, they must access and configure their own privacy configurations.

Publications

Once they have joined the OM CLOTHING page, the user will be able to post comments, links, images, photographs or any other type of multimedia content supported by the Social Network on the page. In any case, the user must have ownership over this content, they must have the authorship rights and intellectual
property rights to the same, or have the consent of the affected third parties. Any content posted on the page, whether text, graphics, videos, etc. that is in violation of morality, ethics, good taste or decorum is expressly prohibited, as is any that violates intellectual or industrial property rights, image rights or the Law. Under such circumstances, WE ARE OM SL reserves the right to immediately remove the content, and may request that the user be permanently blocked.
WE ARE OM SL is not responsible for any content freely published by a user.
The user must keep in mind that their posts will be viewed by other users. As a result, they are the principal person in charge of protecting their own privacy.
Images posted on the page will not be stored in any sort of file by WE ARE OM SL, but they will remain on the Social Network.

Contests and Promotions

WE ARE OM SL reserves the right to organise contests and promotions that users connected to their page can take part in. When the Social Network is used for these contests and promotions, the terms and conditions will be published on the same. This will always be in compliance with the LSSI-CE and any other applicable regulations.
The Social Network does not sponsor, support or administer any of our promotions in any way, nor are they associated with any of them.

Publicity

WE ARE OM SL will use the Social Networks to advertise their products and services. In any case, if they decide to handle your contact information for direct commercial research actions, they will always do so in keeping with the RGPD and the LSSI-CE.

Recommending OM CLOTHING’s page to other users so that they too can enjoy the promotions offered therein or remain informed of its activity will not be considered publicity.

Below is a link to the Social Network’s privacy policy
TikTok: https://www.tiktok.com/legal/page/eea/privacy-policy/en
Instagram: http://instagram.com/about/legal/privacy/

COOKIES POLICY

WE ARE OM SL has developed this policy to inform you of what a cookie is, which of them we use on this website and how we can help you manage them depending on your interests.

We only use technical and analythical cookies, no advertising involved.

Within your first visit to this website you are informed of the existence of cookies and the cookies policy and are asked to accept them. At any other visits you can consult our policy at any time you like by clicking on the Terms & Privacy link at the bottom of the site.

With your registration or sing up on the web and/or the way of navigation, you are consenting to the installation of the informed cookies (unless you have modifies the configuration of your browser to reject them).

General information about cookies

A “Cookie” is a small text file that a website stores in the user’s browser. Cookies make the navigation easier and are essential for the correct functioning of internet, they also provide advantages in the provision of the interactive services.

Cookies are used, for example, to manage the online session of the user (this way, the number of times he/she would have to inset the password are reduced) or, for example, to adequate the content of our website depending on your tastes or preferences.

Also, the cookies can be “ours” or from “third parties”. Our cookies are those who are sent to the user’s computer from an equipment managed by WE ARE OM SL. The third party cookies are those that are sent to the user’s computer from an equipment managed by the service providers that are hired by WE ARE OM SL for this purpose (for example, Google Analytics)

Cookies this website installs

This web uses Technical Cookies for internal uses that are essential for the correct functioning of our website, like for example, those that allow authentication or the maintenance of the registered uses’s session when he navigates through our website. The deactivation of this cookies would inhibit the correct function of some on our web functionalities.

Analytic Cookies are used by this website with the purpose of collecting statistics about the activity of the user on our online site and some other general activity of the site. The collected information gives us the opportunity to improve the site’s navigation and guarantee the best service for the costumer by knowing the number of sites that he visited, the frequency of it, the length, the time they lasted or if they were any repetition on the visits. The user can exclude his activity by modifying the exclusion systems provided by the analytical tools or by the configuration of his browser.

The apps used to obtain this information are:

Google Analytics http://www.google.com/analytics/

Google Tag Manager http://www.google.com/tagmanager/

According to their own policies, some advertising managers can use anonymous cookies with the purpose of showing advertisements of your interest when you visit other websites. However, the users can manage the acceptance or non-acceptance of this cookies by modifying the configuration of their browser.

Our website counts with spaces in which social buttons have been included so that users can share our content through them. We do not control the cookies installed by each social network, although these are usually techniques for controlling the start of the session or for showing the content that shows the number of times a content has been shared. We suggest all the users to take a previous look at all the conditions of each social network, and if necessary, midy the privacy parameters in each of them to limit the tracking purposes that may be carried out.

Guarantees and options about cookies

The user has the possibility of accepting our basic cookies with a link to our Policy, or rejecting by leaving thw website. Moreover, the user can also delete all or some of the cookies that have been stored.

If the user demands a higher control of the cookie management, he/she/they can install programs or complements in the browser known as “do not track” cookies that will let him/her/them choose the cookies that he/she/they wants to give access to.

Opposing the installation of cookies from suppliers

As it has been mentioned in the previous paragraph, the user can at anytime reject the installation of a certain kind of cookies, like the advertisement cookies or third-party cookies. Some of our suppliers have a direct system to reject the cookie installation.

In the following links you will find a relation between links and suppliers:

Google Analytics

https://tools.google.com/dlpage/gaoptout?hl=es

Google DoubleClick and TagManager

https://support.google.com/ads/answer/2662922?hl=es

Meta

https://www.facebook.com/help/568137493302217

Please have in mind that if you delete the cookies from your browser, it is possible that your “opt-out” preferences from the precious browsers are deleted as well, so you would have to reject the installation again.