Terms and conditions

 

OcioExpres provides its services under the conditions set out below. The customer must read and accept these conditions to access the purchase agreement.

1. Company Identification and Scope

These General Terms and Conditions apply to Barcelona al Mayor, S.L. (hereinafter OcioExpres), NIF B66878943, registered office at Carrer Metal·lúrgia, 9, 08755 Castellbisbal, Barcelona, Spain, registered with the Commercial Registry of Barcelona in Volume 45621, Folio 214, Sheet B 493969, entry 1; and any person who makes a purchase through the website www.OcioExpres.com (hereinafter referred to as the Website).

These General Terms and Conditions bind both parties and form an integral and inseparable part of the purchase agreement, which becomes effective when the customer places the order using the contracting mechanisms specified below, in accordance with Article 1.255 of the Civil Code, which enshrines the principle of freedom of contract and agreements between the contracting parties.

As an essential condition for purchasing a product, the user must first register on the Website, thereby becoming a Customer or user. Becoming a Customer implies agreeing to and accepting the General Terms and Conditions of purchase in the version published when accessing the Website. The clauses set out below constitute the framework agreement that all users accessing the website are obliged to read and accept. For the purposes of these General Terms and Conditions only, the term "user" means any internet user who accesses the website, regardless of their origin. To resolve any conflict or dispute arising from the purchase of any type of product from Barcelona al Mayor, S.L., the company informs its customers that it is a member of the Consumer Arbitration System of Catalonia.

2. Data Protection Policy

In accordance with Organic Law 15/1999 of 13 December on Personal Data Protection, OcioExpres informs its customers that all personal data provided will be included in an automated personal data file created and maintained under the responsibility of OcioExpres.

The sole purpose of this file is to facilitate order processing and to send future commercial offers for products and services that may be of interest to customers. OcioExpres guarantees the security and confidentiality of the data provided and undertakes to comply with the obligation of confidentiality regarding personal data and the duty to store it securely and take all necessary measures to prevent its alteration, loss, unauthorized processing, or use by the customer. Therefore, no information relating to our customers will be used for commercial purposes or disclosed to third parties. OcioExpres customers may exercise their right of access, rectification, erasure, or objection at any time by sending an email to info@ocioexpres.com.

3. Proper Use of the Service

The customer shall have free and unrestricted access to the Website and is obliged to use the Website's services diligently, correctly, and lawfully and, without limitation, undertakes not to:

  • Use the Services for purposes or in ways that contravene the law, public order, or generally accepted standards of morality and good customs.
  • Reproduce or copy, distribute, allow public access to, transform, or modify the services unless authorized by the holder of the relevant rights or unless such use is permitted by law.
  • Perform any act that may be considered an infringement of any intellectual or industrial property rights belonging to OcioExpres or third parties.
  • Use the services and, in particular, any information obtained through the Website to send advertising, communications for direct marketing or other commercial purposes, or unsolicited messages to multiple people regardless of their purpose, or to market or disclose such information in any way.

The Customer shall be liable for any loss or damage of any kind that OcioExpres may suffer due to or as a consequence of a breach of any of the obligations set out above, as well as any other obligations included in these General Terms and Conditions and/or imposed by law in connection with the use of the Website. OcioExpres shall at all times ensure compliance with the current legal system and is entitled, at its sole discretion, to suspend the service or exclude the Customer from the Website in the event of a suspected, full or partial, commission of any offense or misdemeanor defined by the current Penal Code, or if it observes any conduct that, in the opinion of OcioExpres, results.

4. Intellectual Property Rights 

All content on the Website, such as text, graphics, photographs, logos, icons, and images, as well as graphic design, source code, and software, is the exclusive property of OcioExpres or third parties, whose rights in this regard are legitimately held by OcioExpres and are therefore protected by national and international legislation. The use of any industrial or intellectual property elements for commercial purposes, as well as their distribution, modification, alteration, or decompilation, is strictly prohibited. Any infringement of these rights may constitute a breach of these provisions and a criminal offense punishable under Articles 270 et seq. of the Penal Code.

5. External Links to Other Websites 

OcioExpres does not guarantee or accept any liability for any loss or damage suffered as a result of accessing third-party services through connections, links, or hyperlinks on linked websites, nor for the accuracy or reliability of such information. The purpose of the links on the Website is solely to inform the Customer of other sources of information on the Internet where they may find additional information about the services offered by the Website. OcioExpres shall in no case be liable for the results obtained through such links or for any consequences arising from the Customer's access to them. These third-party services are provided by those third parties; therefore, OcioExpres cannot control, and does not control, the lawfulness or quality of such services. Consequently, the Customer must exercise extreme caution when assessing and using any information or services contained in third-party content.

6. Terms of Purchase, Shipping, and Delivery

The Customer declares that they are eighteen years old and have the legal capacity to make a purchase on www.OcioExpres.com. The Customer agrees to comply with these General Terms and Conditions of Purchase. The purchase will be completed by following these steps:

1. Access the Website www.OcioExpres.com and, if not already a Customer, register or make a purchase without registering, providing accurate information in the required fields of the forms and accepting the General Terms and Conditions of Purchase.

2. Select the products you wish to purchase by adding the items one by one to the Shopping Cart. Once all the products you wish to purchase have been selected, click Go to Checkout or Confirm Order.

3. At the next step, you may select and modify the shipping and billing address.

4. Next, you must choose the shipping method for your purchase, either collection from OcioExpres facilities or delivery by courier. Orders with a cost exceeding €95 include free shipping via Ontime Slow Shipping, exclusively for deliveries within the Spanish mainland. For products priced below €95, if you request express shipping via Correos or CorreosExpress, additional shipping costs will apply. Slow Shipping is delivered within 2 to 9 business days, while the Express service is delivered within 24 to 72 hours. Cadena Logística and Gefco handle shipments of products weighing over 20 kg to the Canary Islands, Ceuta, and Melilla, with delivery within 5 to 15 business days. All other parcels destined for the Canary Islands, Ceuta, and Melilla are shipped via Correos, with delivery within 5 to 15 business days. Once the order has been placed through the Website, OcioExpres reserves 1 to 24 hours to process and prepare the package, after which you will receive an email with the tracking number.

5. Next, select your preferred payment method . The following payment methods are available:

  • Secure payment by Visa
  • Google Pay and Apple Pay
  • Payment by PayPal
  • Bank transfer: IBAN: ES91 0081 0093 4500 0194 9495 - BIC/SWIFT: BSABESBBXXX
  • Financed payment (Klarna)
  • Payment at the warehouse (exclusively for collection)

6. The information on the Website aims to describe the technical and aesthetic characteristics of the products as accurately as possible, although the Customer should be aware that slight differences may exist between the online presentation of the product and the product in the store. Prices listed on the Website are in euros and include VAT. 

7. OcioExpres reserves the right to change its prices at any time and to vary the color of an item depending on available stock or existing models. However, products will be invoiced based on the rates in effect at the time the order is placed. In accordance with current regulations, all purchases made through the Website are subject to Value Added Tax (VAT), except those destined for the Canary Islands, Ceuta, Melilla, Gibraltar, and Andorra. In this regard, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, deliveries are considered to take place in the Member State specified in the delivery address of the items, and the VAT applicable is the rate legally in force in each Member State where the items are destined. For orders destined for the Canary Islands, Ceuta, Melilla, Gibraltar, and Andorra, deliveries are exempt from VAT pursuant to Article 146 of the aforementioned Directive, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of them.

Manifest error in prices. If an obvious error in the price of a product or a discount coupon is detected due to a technical or human error, we reserve the right to cancel the order and refund the amount paid. If the published price is clearly incorrect and disproportionate compared to its actual value, the purchase will not be valid, and the customer will be informed of the issue before shipping.

8. If the product becomes unavailable after the order has been placed, the Customer will be informed by email or telephone of its cancellation or replacement with a similar product, subject to the customer's prior acceptance. In the event of cancellation, OcioExpres will refund the full amount paid using the same payment method used by the Customer. If the customer wishes to wait for delivery, OcioExpres will be happy to keep the order for the subsequent delivery of the same or a similar item, subject to the customer's acceptance.

9. Delivery time for the purchased product: an approximate delivery period of 24 hours to 10 days is established for the actual delivery of the product, starting from the time the delivery date was set when the order was placed. Delivery within 24 hours cannot be guaranteed for rural areas far from urban centers.

The delivery time for the goods depends on the locality where they are to be made available to the customer. In the event of a delivery delay exceeding 30 days beyond the approximate product delivery time set when the order was placed, the customer may, after filing a claim, unilaterally withdraw from the order, and the amounts paid will be refunded in the case of prepayment, pursuant to Articles 103 et seq. of Royal Legislative Decree 1/2007, except for reserved items with longer delivery times that are not in stock at the time of purchase.

10. Place and method of delivery: The order will be delivered to the address specified by the customer at the time of purchase. Any subsequent change to the requested delivery location will only be possible before the order leaves our warehouse. Once the order has been handed over to the carrier, the delivery address cannot be changed unless the customer bears the costs and this is expressly agreed between the parties. The goods will be delivered to the customer by a transport company, accompanied by a delivery note stating the details that allow the customer, the order, the total refund amount (only for orders paid by cash on delivery), and the number of packages in the shipment to be identified. All shipments are delivered to the main entrance of the address, whether it is a building or a house. The goods are covered at all times by insurance against transport risks, loss, and damage during transport.

11. If the customer does not accept delivery, they will bear all applicable shipping costs, as well as any cancellation or non-receipt charges incurred.

12. The customer has 1 business day from the delivery of the product to report any issue, breakage, or damage observed upon delivery to the transport company. After this period, OcioExpres will not be responsible for any damage to the product and will not accept any claim or return for any reason.

7. Reservation and Pre-Order Policy

OcioExpres offers all its registered customers and members a variety of made-to-order items, meaning reservations subject to a small deposit. OcioExpres exclusively offers a series of products with the default name “Coming Soon,” which may feature discounts of up to 80% because they incur no storage or handling charges and are delivered directly to the customer. In the “Coming Soon” section, you will find the reservation price and the product price once it is in stock. When a pre-order is placed, the customer has a maximum of 14 days to make payment, which must be between a minimum of €50 and the total amount. These products are subject to the same conditions as the rest of OcioExpres's items, differing only in that delivery times are not 24 or 48 hours, and the approximate delivery date is published on our website for each item. Reserved products are considered made-to-order products; therefore, in the event of cancellation, the €50 deposit cannot be refunded, and a voucher redeemable for any other purchase will be issued (the voucher will be valid for one year from the date of redemption).

The delivery dates for made-to-order products cannot be definitive because OcioExpres does not directly control them; various customs offices at both origin and destination ports, as well as other competent authorities, such as consumer protection agencies, may delay the delivery of the goods.

At OcioExpres, we always try by all means to ensure that made-to-order purchases are delivered within the established timeframes, but we cannot always achieve this. Please always bear in mind that pre-orders may be delayed by up to 60 days due to factory delays or issues with customs or state agencies.

8. Warranty

The warranty period begins on the day the product is delivered, in accordance with Royal Decree-Law 7/2021. All products have a 3-year warranty period, without exception. However, it is important to distinguish wear-and-tear components, such as batteries, electrical components, and parts subject to continuous use, whose degradation over time is natural and will not be considered a manufacturing defect.

The warranty does not apply in cases of wear and tear from normal use. For damaged products, OcioExpres will arrange collection within the first 24 months after delivery, as required by law. After that period, the customer must return the product at their own expense or, depending on the nature and dimensions of the item, it will be sent to one of our official technical service centers in Spain.

If the product's lack of conformity becomes apparent after 24 months from delivery, it will no longer be presumed that the defect originated with the product. In such cases, the customer must prove that the fault is a manufacturing defect with a technical report issued by a certified company, while also ensuring that the defect was not caused by improper use or natural wear and tear of the product.

All products sent to OcioExpres must arrive properly protected, in their original packaging and without visible damage. If the package arrives at our facilities with insufficient packaging or inadequate protection, it will be automatically rejected and OcioExpres will not be held responsible for any breakage or damage during transport.

Professionals: Persons who, without becoming the final recipients, acquire, store, use or consume goods or services for the purpose of incorporating them into production, transformation, marketing, professional activity processes, or the provision of services to third parties, shall not be considered consumers or users and therefore do not benefit from the rights granted to consumers. Such professionals must be aware that their warranty period is 24 months and not 3 years, as is the case for private individuals. In these cases, shipping costs to our facilities will always be borne by the Customer, as the law on consumer goods does not regulate sales between businesses. 

Under no circumstances will the company be responsible for or pay invoices issued for repairs and/or maintenance carried out at other workshops or by third parties unrelated to Barcelona al Mayor, S.L.

9. Returns Policy

All products sold through the Website may be returned within 14 days from the delivery date, as established by Law 3/2014 on the Regulation of Retail Trade. The costs and risks associated with the return of the product will be borne by the sender, who must send it securely and with the necessary guarantees to ensure that the returned merchandise arrives in perfect condition. In the event that a return is issued with shipping costs paid by the sender, OcioExpres will not accept the merchandise and the customer will be responsible for making a new prepaid return within the stipulated return period. The refund to the customer's account as a result of the return will be carried out within a maximum period of 14 days from the receipt of the merchandise by OcioExpres. The return may not take place under any circumstances if the products have been manifestly used. Additional costs resulting from the customer's choice of a delivery method other than the least expensive delivery method cannot be returned.p>

Note: Although the customer may have purchased products with a free shipping promotion, the customer will still be responsible for the return costs.

Extended returns policy for Black Friday and Christmas

Purchases made during the Black Friday and Christmas period benefit from an extended return period until January 13 of the following year. This extension is subject to the following conditions:

  • The product must meet the general return requirements.
  • The extension will not apply if the product shows signs of improper use, is incomplete, or has been tampered with.

 

Products must be returned properly protected, in their original packaging, in perfect condition, with all accessories, instructions, and documentation. In the event that the return is not accepted by OcioExpres because the product is considered not to have been returned in the conditions we specify, it will remain in the distribution warehouse to be collected by the customer for a period not exceeding thirty days from its return.

OcioExpres will not accept returns of accessories or products in "blister" packaging that have been opened. Other products such as software, gift cards and inflatables are not entitled to a right of withdrawal by the customer.

The customer (consumers or users are considered only those natural or legal persons who acquire, use, or enjoy the product as final recipients) will have the right to withdraw from the contract within fourteen business days from receipt, provided they notify OcioExpres within that period so that the appropriate return channels can be established (return number, method, and delivery address for the return shipment), as well as the refund of the price paid for the product, all in accordance with the withdrawal document provided at the time of purchase. The period for receiving the product once the withdrawal from the sales contract has been agreed is 14 days, and any return exceeding this time limit will be rejected. OcioExpres undertakes to refund the amount of the item within a maximum period of 7 to 30 business days, thus shortening the mandatory period stipulated by Royal Legislative Decree 1/2007 by two weeks.

Natural or legal persons acting outside of a business or professional activity will be considered consumers. OcioExpres will not accept returns due to withdrawal by companies or self-employed individuals without prior agreement on the express conditions of each manufacturer.

OcioExpres will only accept minimal wear of the product due exclusively to testing it to make a final purchase decision, without altering the condition of the product at the time of delivery. In cases of abnormal use of the good, such return will not be accepted. Return costs will be deducted from the product price at the time of the refund. OcioExpres reserves the right to deduct management costs for all product returns. The merchandise to be returned must be previously insured by the customer through the contracted shipping company. Under no circumstances will it be possible to manage return or exchange procedures at OcioExpres's registered office: Carrer Metal·lúrgia, 9, 08755 Castellbisbal, Barcelona, Spain, without prior notice.

OcioExpres will not be responsible for returns of products tampered with by the customer, or merchandise that is returned incomplete in terms of both its main components and accessories. The right of withdrawal does not apply outside the indicated period nor to products subject to fluctuations in a market not controlled by OcioExpres, nor to perishable items, items that can be easily reproduced immediately, or items that cannot be returned by their nature. In cases of excessive use of the good, such return will not be accepted. Products that are reserved and specifically imported for a customer, such as those with a custom configuration at the customer's request, as well as: tuning, assembly, upgrades, configurations, road insurance, etc., cannot be returned for any reason.

Instructions for shipping (returning) products:

The delivery of a possible return will not be managed directly at our facilities, but will be handed over to the carrier for shipment. We inform you that, to avoid any issues, it is necessary and mandatory for smaller products (drones, accessories, etc.) to be protected by additional external packaging - just as you received it at your home - and thus avoid any type of damage or tampering with the product's original contents during transport. For larger products (quads, mini-motorcycles, generators, etc.), external packaging protecting the original packaging is also essential, properly protected inside the original box with the protections intended for this purpose (foam, polystyrene, bubble wrap, etc.) and avoiding any type of tampering with it. For other questions regarding the correct shipping of products to OcioExpres, please contact our Customer Service department. All product returns that do not have the original packaging and/or have not provided prior notice of return to OcioExpres will be rejected.

Customers who pick up and pay for their products at our facilities will be considered in-store purchases, and therefore those conditions will apply. No exchanges or returns are allowed except in cases of warranty or explicitly granted by OcioExpres.

10. About store credit vouchers 

All vouchers and coupons issued due to product returns or promotions cannot be redeemed or returned. The vouchers will be valid for a maximum period of one year, losing all value upon expiration of that period. The store credit voucher code provided to the customer will be for the exclusive use of OcioExpres.com and only by the same customer who received it.

11. Google Analytics

At OcioExpres.com we use the Google Analytics tool, a service that uses cookies to help analyze user flow on the site. All information generated through cookies is transmitted and stored directly with Google on its servers in the United States, and this information will be used to compile reports on website activity. Google may use and transmit this information to third parties when required by law, or when such third parties process the information on Google's behalf. As a user, you can refuse data processing by rejecting the use of cookies, although you should know that you may not be able to use the full functionality of OcioExpres.com.