Terms of service

ABOUT US

The Oktaaf brand and the Oktaaf.com website (collectively the “website”) are owned by Book & Ear Ventures S.L., a company incorporated in Spain, and operated by its registered office in Velodroomstraat 17, 9940 Evergem in Belgium under Belgian VAT number BE 0773.343.386 (“Oktaaf”, “Oktaaf.com”, “us”, “our”, or “we”).

Book & Ear Ventures' registered office in Belgium is the vendor of all products sold at Oktaaf.com.

THESE LEGAL TERMS

These legal terms regulate the access to and usage of the site, the offer and sale of products on the Oktaaf.com site, privacy and processing of personal data and the use of cookies at the Oktaaf.com site.

CHANGES TO THESE LEGAL TERMS

We keep our legal terms and policies under regular review in order to reflect changes in our services and in regulations. This document is our most up-to-date version and it supersedes any earlier version. From time to time, we may update these terms and policies and we will indicate the date of the last update.

Any amendments or updates to these legal terms will be binding upon publication in this section of the website. We therefore ask that you regularly access this section to check for the publication of the most recent and up-to-date version. If you do not agree to all or part of the legal terms of Oktaaf.com, please do not use our website.

Last reviewed: September 2021

ACCESS AND USE

Use of the website and of the services implies the full acceptance of these legal terms and all guidelines and rules, and acknowledgement of their relevant mandatory nature.

The services are generally not intended for persons under the age of eighteen (18) years (or the age of majority of the individual's relevant country). If you are under this age, please do not register for the services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly stop providing you with the services.

The access to and use of Oktaaf.com, including viewing web pages, communication with Oktaaf, downloading product information and making purchases on the website are carried out by our users exclusively for personal purposes which should in no way be connected to any trade, business or professional activity.

You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.

The user is responsible for maintaining the confidentiality and the proper use of his or her personal information, including the credentials for accessing restricted services, and is also responsible for any damage or harm which might arise against Oktaaf or third parties as a result of the user's improper use, loss or removal of such information.

LIMITATION OF LIABILITY

Remember that you will be liable for your use of Oktaaf.com and its contents. Oktaaf shall not be considered liable for any use of the website and its contents by any of its users that is not compliant with the laws and regulations in force. You will specifically be liable for communicating information or data which is incorrect, false or concerning third parties without the latter’s consent, as well as for any improper use of such data or information.

Lastly, since all material will be downloaded or obtained otherwise via use of the service chosen at the user's own risk, the user is responsible for any damage to computer systems or loss of data as a consequence of downloading content from the website. Otherwise, Oktaaf accepts no responsibility for any damage resulting from inaccessibility to website services or from damage caused by viruses, corrupt files, errors, omissions, service interruptions, content deletion, problems with the network, with providers or telephone and/or data transmission connections, unauthorised access, data alteration, failure and/or malfunction of the user's electronic equipment.

Oktaaf.com contains hyperlinks ("links") to other websites which are in no way connected to Oktaaf.com. Oktaaf neither controls nor performs monitoring operations of these websites and their content. Oktaaf may not be held liable for the content of these sites and the rules adopted by them, including as concerns your privacy and the processing of your personal data during your navigation. We thus ask that you pay attention when you connect to these websites through the links present on Oktaaf.com and that you carefully read their conditions of use and privacy regulations. We remind you that these legal terms and the privacy policy do not apply to websites operated by third parties. Oktaaf.com provides links to other websites exclusively to help its users search and browse and to facilitate links to other websites on the Internet. The activation of links does not entail any recommendation or notification from Oktaaf to access and navigate on these websites, nor any guarantee as to their content, services or the goods provided and sold by them to Internet users.

Please contact Oktaaf at karel<at>oktaaf.com if you are interested in linking to the home page and other publicly accessible web pages of Oktaaf.com. This contact is required for asking for our consent to linking to Oktaaf.com. Oktaaf grants links free of charge and on a non-exclusive basis. Oktaaf is entitled to object to certain links to its website in the event that the applicant who intends to activate links to Oktaaf.com has previously engaged in unfair business practices or ones that do not comply with industry standards or unfair competition actions towards Oktaaf, or when Oktaaf fears the applicant may engage in such behaviour in the future, or when the applicant has previously or it is feared that it may in the future engage in actions discrediting Oktaaf and Oktaaf.com. It is in any case forbidden to post deep links (such as deep frames) to Oktaaf.com or to use unauthorised meta-tags without Oktaaf's written consent.

Oktaaf has made all efforts to prevent the publication on its website of content describing or representing scenes or situations of physical or psychological violence or which, according to the sensitivity of Oktaaf.com's users, might be considered detrimental to civil beliefs, human rights and dignity, in all its forms and expressions. In any event, Oktaaf does not warrant that the contents of the website are appropriate or lawful. If such contents are deemed unlawful or illegal in the country in which you are accessing the website, please do not access our website. If you choose to access it regardless, we hereby inform you that your use of services provided by Oktaaf.com shall be your exclusive and personal responsibility.

To the maximum extent permitted by applicable law, you also undertake not to hold us, our licensors, service providers, agents, officers, or directors, liable, in any way, for any possible damages including without limitation direct or indirect damages of any kind, losses or expenses arising or resulting from the use of this website, the services, its contents or related to it, or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if they are advised of the possibility of such damages, losses or expenses.

Some countries do not allow all or part of the previous limitations or exclusions of liability and, if required by applicable law, some of the contents of this section may not apply to you.

Oktaaf does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

INDEMNITY

If permitted under applicable law, you agree to indemnify and hold us, and each of our subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the website and the services in violation of these legal terms and/or arising from a breach of these legal terms and/or any breach of your representations and warranties set forth herein and/or if any submitted material that is transmitted through the services causes our liability to a third party.

INTELLECTUAL PROPERTY RIGHTS

All content, included by not limited to works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material published on Oktaaf.com, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, is protected and in the sole ownership of Oktaaf. All rights are reserved, worldwide.

It is not permitted to reproduce (except where the reproduction is made for personal non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to, or otherwise modify, create and / or use derivative works from, or on any case works inspired to, sell or participate in any sale of, this website, any of the content in this website or related software , in whole and / or in part, in any form and / or manner, and for any purpose.

If the downloading or the copying should be permitted by Oktaaf in writing, the user will not obtain any right, title or interest in any content or software as a result of any such downloading or copying.

The trademark OKTAAF and its logos are registered by Oktaaf. The Oktaaf.com domain name is registered and owned by Oktaaf. Any unlawful or unauthorised use of such trademarks is prohibited and entails legal consequences.

GOVERNING LAW AND DISPUTE RESOLUTION

These legal terms and any contractual and non-contractual obligations arising out of or in relation to the legal terms shall be governed by and will be interpreted in accordance with Spanish laws (without regard to its conflict of law provisions), except otherwise provided under mandatory local legislation of your place of residence.

All disputes arising out of or relating to these legal terms or any contractual or non-contractual obligations arising out of or relating to the legal terms shall be submitted to the exclusive jurisdiction of Spanish courts or the jurisdiction of the courts of your place of residence, if so provided under the applicable law.

Please note that the European Commission also provides a platform for alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr.

INFORMATION ON PRODUCTS AND AVAILABILITY

Information on products and relevant prices are available on the website.

Oktaaf reserves the right at any time to limit quantities and/or type of products available in the website. During the purchasing process, an automatic response will inform the client if the order cannot be processed due to the unavailability of the ordered products; Oktaaf is not liable towards the client in case of unavailability of the products prior to the execution of the contract.

PRICES OF PRODUCTS

The prices of the products are indicated on the website in Euro and are inclusive of all applicable taxes and charges, as well as delivery costs.

Oktaaf regularly verifies that prices of the products displayed on the website are correct; however, Oktaaf cannot guarantee the absence of errors. In the event that an error in the pricing of a product is detected, Oktaaf shall refuse the order and offer the client the opportunity to purchase the product at the correct price. If the error is detected after the order has been accepted, Oktaaf will also offer the client the opportunity to cancel the order.

We do not provide VAT-refund service for orders placed on our website.

ORDER PLACEMENT

To place an order for one or more products on Oktaaf.com, you must (i) include the selected products in the “shopping cart” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment modality, (iv) accept the legal terms and (v) send the order proposal to Oktaaf through the website.

On the order confirmation page, which appears just before the completion of your order, we will provide you with a summary of the main characteristics of each product ordered, the price including all applicable fees, taxes and the cost of shipping.

The order form sent to the vendor will be filed in our database for the time required to process your order and as stated by law.

English is the language used for finalising the contract with the vendor. We only accept orders from customers aged 18 and over.

After your order form has been submitted, the vendor will process your order. Following placement of your order, the vendor will send you an automatic acknowledgement of receipt. This does not constitute acceptance of your order by the vendor nor does a contract between you and the vendor exist at this point in time in respect of your order. The vendor's acceptance of your order will take place when the vendor emails you to confirm that the order has been dispatched, at which point a contract will come into existence between you and the vendor. The acceptance email represents an electronic purchase order receipt and contains all relevant information relating to your order.

If the vendor is unable to accept your order for any reason (including any of the reasons described before, or if a product is out of stock), the vendor will inform you of this. In case of unavailability of one or more of the ordered products, the client will receive an email duly informing him about the unavailability of the products. In this case the order proposal will be cancelled or partially accepted just in relation to the available products. In case of partial acceptance, the client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available products.

The vendor is also entitled to cancel your order, even after accepting it, in the following circumstances: one of several of the products is not available; the vendor has identified an obvious and unmistakable error in the price or description of the product; the vendor suspects illegal or fraudulent activity; or you have not complied with these legal terms. If so, the vendor will notify you as soon as possible of such cancellation and require you to return the products if they have already been delivered to you.

By submitting an order form, you unconditionally accept and undertake to observe the provisions of these legal terms in your contract with the vendor. Should you not agree with certain provisions of these legal terms, please do not submit your order form for the purchase of products on Oktaaf.com.

By submitting an order form, you agree and accept these legal terms as well as further conditions contained on Oktaaf, including those accessed via links, and including the privacy policy, refund and return policy.

PAYMENT

We accept payment by credit/debit card, by PayPal, by bank transfer or other payment methods as they become available from time to time by notice on our website. Payment must be made in Euro. In case of a payment by bank transfer, we will send you Oktaaf’s bank details by email.

You must pay before goods are dispatched to you. You will be debited once you have placed your order and it has been accepted by us.

If your payment cannot be processed for any reason (including, for example, stopped payment, refusal by the issuer of the card), your order will be cancelled and the contract with you ended immediately. We will inform you of this.

Payments through our website are managed on-line with the relevant banking organisations through facilities offered by Shopify, a third party based in Canada which enables us to accept and manage payments, mitigate fraud, and secure payment data. Your personal information including your name, email address, delivery details, telephone number, details of the order placed and credit/debit card or other payment details will be disclosed and used by Shopify for the purposes of providing fraud screening services to us and to its own customers.

To ensure that your credit, debit or charge card is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases in accordance with our privacy policy. In performing these checks, personal information provided by you may be disclosed to a registered credit reference agency which may keep a record of that information. This is done only to confirm your identity, and does not imply the performance of a credit check.

If an order placed by you is considered to be fraudulent or otherwise made in breach of these legal terms, the sale will be cancelled immediately, and in the event that any sums have already been debited to you, they will be refunded within 14 business days after such notification.

SHIPPING AND DELIVERY

The purchased products shall be delivered by a courier service selected by Oktaaf on working days. Products shall be delivered to the address indicated by the client in the order proposal. Oktaaf shall not deliver to PO boxes.

Time of delivery can suffer delay depending on several factors: production time in the case of some product being specifically produced or sized to the client’s specifications; delays in legal export and import permits for international antiquities trading. In case the delivery has not occurred within three months, the client is entitled to repudiate the contract and Oktaaf shall, without undue delay, reimburse all sums paid under the contract.

At the time of delivery of the products by the courier, the client (or a nominated representative) is required to:

(i) verify that the number of items being delivered corresponds to that indicated on the delivery note;

(ii) verify that the packaging and its seals are intact, undamaged, not wet or altered in any manner;

(iii) sign the delivery note; and

(iv) if requested by the courier, show his/her ID.

Any damages to the packaging and/or the products, or discrepancies in the number of items or documentation must be immediately indicated in writing on the courier’s delivery note.

If no one is available at your address to take delivery, we will leave you a note asking you to contact us in order to arrange an alternative delivery date. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract as detailed below.

Oktaaf shall send to the client a shipping confirmation via email once the products are dispatched and a further email once the products have been delivered.

The risk of loss of or damage to the products shall pass to the client when the client (or a third party indicated by the client and other than the carrier) has acquired the physical possession of the products.

Except to the extent permitted under applicable laws, once the courier’s document has been signed and no objection has been raised by the client, the client may not make any objection to the exterior characteristics of the delivered parcel. The client is entitled to subsequently raise objections in relation to any other features related to the products or to exercise his right of withdrawal. These must be communicated in writing within 24 hours of the actual delivery date.

RIGHT OF WITHDRAWAL

The client has the right to withdraw from the contract with no reason within 30 (thirty) days from the date in which the client (or the representative duly authorized to receive the products) obtains the physical possession of the products and in case of partial deliveries, the last product.

To exercise the right of withdrawal, the client will contact Oktaaf via the “Contact us” section of this website, or via email at karel<at>oktaaf.com. Please make a clear statement setting out your decision to withdraw from the contract, indicating name and address, phone number, email address, list of products, date of order at Oktaaf.com, together with the reasons to withdraw from the contract. We will send you an acknowledgement of receipt via email.

RETURNS AND REFUNDS

Without undue delay, and in any event no later than 14 (fourteen) days after the communication of withdrawal, the client shall return the purchased products to Oktaaf at Velodroomstraat 17, 9940 Evergem, Belgium. The client shall be responsible for the products until Oktaaf has acquired the physical possession of the products.

The products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. In the event of any diminished value of the products resulting from the handling of the goods by the client other than what is necessary to establish the nature, characteristics and functioning of the goods, Oktaaf reserves the right to refuse the return of the products. The client shall be liable for any diminished value of the products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

We reserve our right not to accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly. For example, we may make a reduction in the following circumstances: the product(s) have been used, worn, damaged or washed; the identification tag or certificate of authenticity is not attached to the product(s), or has not been returned. Please note that identification tag or certificate of authenticity constitutes an integral part of each product; and/or you have not returned any packaging which is an integral part of a product.

You will be informed if we propose to reduce your refund for this reason. In this instance, you may (as an alternative to us providing you with a reduced refund) choose to have the products sent back to you at your own expense. Should you refuse this option, Oktaaf reserves the right to retain the products and the amount indicated for the decrease in refund, due to the decrease in value of the returned products.

If you are entitled to return product(s) to the vendor and have complied with the conditions set out in this return policy, you will receive an email confirming that the return has been accepted. This will state the amount of refund due, including the possible reasonable costs of delivery.

Oktaaf shall reimburse the refund, within 14 (fourteen) days of the day on which Oktaaf has received the products back or the client has supplied evidence of having sent back the products, whichever is the earliest. Reimbursement shall be executed by Oktaaf using the same means of payment as the client used for the initial transaction, unless the client has expressly agreed otherwise and provided that the client does not incur any fees as a result of such reimbursement.

OUR RIGHTS TO END THE CONTRACT

We may end the contract if you break it. We may end the contract for a product at any time by writing to you if: you do not make any payment to us when it is due; you do not, within a reasonable time, allow us to deliver the products to you or collect them from us or if an order placed by you is considered to be fraudulent or otherwise made in breach of these legal terms.

You must compensate us if you break the contract. If we end the contract in the situations set out in before, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.