Intellectual Property:

All copyright, trademarks and all other intellectual property rights in any material or content supplied as part of the PLATFORM shall remain at all times vested in us or our licensors. You shall not assist or facilitate any third party to copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works from such material or content. If the user becomes aware of any such distribution or commercial exploitation, the user agrees to notify us immediately.

All ZOCO LAND content is the intellectual property of ZOCO LAND and is protected under applicable national and international copyright laws.

The user may download the PLATFORM onto their terminal provided that it is for private use, without any commercial purpose, and therefore may not exploit, reproduce, distribute, modify, publicly communicate, transfer, transform or use the content of the PLATFORM for public or commercial purposes.

Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an offence punishable under articles 270 and following of the Penal Code.

Copyright: All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on the PLATFORM (“Content”) are owned or used with permission by ZOCO LAND.

The trademarks, logos and any other industrial and intellectual property rights appearing on this site are the property of ZOCO LAND. The use of these trademarks is prohibited without the prior written authorisation of ZOCO LAND or the third parties owning the trademarks.

Terms and conditions of registration:

Downloading and general use of the PLATFORM is free of charge.

ZOCO LAND reserves the right to offer free trial periods upon prior notification to users. These periods may vary in time and form as ZOCO LAND deems appropriate.

Description of the service and access: For the duration of the subscription, the user shall be entitled to exclusive access to the following areas / functionalities:

• Areas of the different shops and products found on the platform.

Payment system:

Means of payment: Visa or Mastercard credit or debit cards are accepted, as well as any recognised payment platform on the market, such as Paypal, that we allow. For correct operation we will need the card number, expiry date and cardholder, as well as the CVV (three digit code, the last three digits on the back of the card).

In some cases, if your card is VISA OR MASTERCARD it will be validated by the secure online shopping systems “Verified by Visa or MasterCard SecureCode”. These systems are offered by the bank or savings bank that issued your card, allowing the cardholder’s identity to be verified before the amount of the transaction is charged. This process will open the page of your bank, which will ask you either for your card number and pin number or your ID card number and password for online banking.

In this way you authorise the payment from your bank to ZOCO LAND, and once the transaction is confirmed, you will be able to obtain confirmation of payment. The transmission of information via the Internet is not completely secure. ZOCO LAND takes the necessary measures to protect information about the application user’s data, but we cannot guarantee the security of data transmitted via the ZOCO LAND PLATFORM; any transmission is at the user’s own risk.

Where the amount of a purchase has been fraudulently or improperly charged using the number of a payment card, the consumer and user who holds the card may demand the immediate cancellation of the charge. In such a case, the corresponding debit and re-credit entries shall be made as soon as possible on the accounts of the entrepreneur and the consumer and user who holds the card.

However, if the purchase has actually been made by the consumer and user who holds the card and the demand for a refund is not the result of exercising the right of withdrawal or termination, he shall be liable to the trader for compensation for the damages caused as a result of the cancellation.

PURCHASE CONFIRMATION – If you buy with Scalapay, you will receive your order and pay in 3 installments. You confirm that the installments will be sold to and purchased by Retail Installations SPV 1 Limited, related parties and their beneficiaries and you hereby unconditionally and irrevocably authorize and consent to this sale.

Right of withdrawal: 

The consumer and user who contracts at a distance shall have the right to withdraw from the contract in accordance with the provisions of the regulations in force and this agreement.  (art. 97.1.l) TRLGDCU.

No penalty shall be imposed on the consumer for exercising or waiving his right of withdrawal.

A good or service of equivalent quality and price may not be supplied as a substitute for the one requested by the consumer and user, when this possibility is provided for.

Written confirmation of the information:

Prior to the execution of the contract, the consumer and user is provided with the following information in the language used in the contract proposal or, where appropriate, in the language chosen for the contract:

• The address of the trader’s establishment where the consumer and user can lodge complaints: The address described on the contracting website. The information referred to in the preceding paragraph shall be provided in writing or, unless the consumer and user expressly objects, on any durable medium appropriate to the means of distance communication used.

• Express consent is required. Under no circumstances may failure to respond to the distance contracting offer be deemed to constitute acceptance thereof. If the trader, without the explicit acceptance of the consumer and user to whom the offer is addressed, supplies him with the goods or service offered, the provisions of the following point shall apply.

Prohibition of unsolicited deliveries. It is prohibited to supply the consumer and user with goods or services not ordered by him when such supplies include a request for payment of any nature. In the event that this is done, and without prejudice to the infringement that this entails, the consumer and user receiving such goods or services shall not be obliged to return them, nor may the price be reclaimed from him. If he decides to return the goods or services, he shall not be liable for any damage or demerits suffered by the goods or services.

The provisions of the above paragraph shall not apply where it is clear to the consumer and user that the unsolicited delivery was due to an error, and the burden of proof shall be on the entrepreneur. In such cases, the consumer and user shall be entitled to compensation for the costs and damages incurred.

Limitation of liability:

Duration of the service: ZOCO LAND does not guarantee the availability and continuity of the operation of the PLATFORM when this is reasonably possible, ZOCO LAND will give prior warning of any interruptions in the operation of the PLATFORM ; ZOCO LAND also does not guarantee the usefulness of the PLATFORM for the performance of any particular activity, nor its infallibility.

Access to the PLATFORM is for an indefinite period of time; however, ZOCO LAND reserves the right to suspend access without prior notice to users who, in its opinion, do not comply with the rules of use of its PLATFORM, and to take appropriate legal action. In addition, ZOCO LAND reserves the right to restrict access to certain sections of the PLATFORM to the general public, limited only to specific users or groups of users.

Exclusion of liability: ZOCO LAND makes every effort to avoid any errors in the contents of the PLATFORM, but does not guarantee and accepts no liability for any errors in the contents of the website.

ZOCO LAND excludes any liability for damages of any nature whatsoever arising from:

• The interruption of the operation or unavailability of access to the PLATFORM.
• Privacy and security in the use of the PLATFORM by the User, and/or unauthorised access by unauthorised third parties.
• The possible transmission of elements that negatively affect computer systems.
• The accuracy, completeness and timely updating of the contents of the PLATFORM.

Consequently, ZOCO LAND does not guarantee the reliability, availability or continuity of the PLATFORM or its contents, and the use of the same by the user is at the user’s own risk, and ZOCO LAND cannot be held liable in this respect at any time.

ZOCO LAND shall not be liable in the event of service interruptions, delays, errors, malfunctions and, in general, other inconveniences arising from causes beyond the control of ZOCO LAND and/or due to the wilful or negligent actions of the user and/or due to force majeure.

In any case, whatever the cause, ZOCO LAND shall not be liable for any direct or indirect damage, consequential damage and/or loss of profit. ZOCO LAND shall be entitled, without any compensation to the user for these concepts, to temporarily suspend the services and contents of the PLATFORM in order to carry out maintenance, improvement or repair operations.

ZOCO LAND shall not be liable for any damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the content transmitted, disseminated, stored, made available or received, obtained or accessed through the PLATFORM, nor for the content provided by third parties or entities. ZOCO LAND shall try, as far as possible, to update and rectify any information hosted on the PLATFORM that does not comply with the minimum guarantees of accuracy. However, ZOCO LAND shall not be held liable for any failure to update or rectify such information or for the content and information contained therein.

ZOCO LAND is not responsible for the use that the user makes of the services and products of the PLATFORM or their passwords, as well as any other material of the PLATFORM, infringing the intellectual or industrial property rights or any other third party rights. ZOCO LAND reserves the right to remove any content that is untrue, inaccurate and contrary to law, morality, public order and decency.

Minors

We do not sell products to minors. Children’s products sold by us must be purchased by adults. Children under the age of 18 may only use the PLATFORM under the supervision of a parent or guardian.

Pre-contractual information

Prior to the start of the contracting procedure and in good time, the consumer and user is informed in a truthful and sufficient manner:

Before contracting, the entrepreneur makes available to the consumer and user in a clear, comprehensible and adapted to the circumstances relevant, truthful and sufficient information on the essential characteristics of the contract, in particular on its legal and economic conditions, and of the goods or services that are the object of the contract.

For these purposes, the information obligations on the goods or services established in this regulation and applicable regulations shall be relevant and, in addition: Name, company name and full address of the person responsible for the contractual offer: The one indicated at the beginning of this document. Full price, including taxes, or quotation, if applicable. In any information to the consumer on the price of goods or services, including advertising, the full final price shall be reported, breaking down, where appropriate, the amount of increases or discounts that may be applicable, the costs to be passed on to the consumer and user and the additional costs for ancillary services, financing or other similar payment terms.

Date of delivery, execution of the contract and duration: 24 to 48 hours from the placing of the order, provided that the order is placed before 7 p.m.
Procedure available to the consumer to terminate the contract: By indicating it in the email be@zoco-lab.com Guarantees offered: Money refund if the product is in poor condition.

Language or languages in which the contract can be formalised, when this is not the language in which the information prior to the contract was offered to the consumer: In Spanish Existence of the right of withdrawal from the contract that may correspond to the consumer and user, the deadline and how to exercise it: it can be exercised by mail be@zoco-lab.com

The complete address to which the consumer or user can submit their complaints and claims, as well as, where appropriate, information on the out-of-court dispute resolution system. The address indicated above.

The pre-contractual information is provided to the consumer free of charge.
There shall be no charge for the use of the means of distance communication where it is calculated on a basis other than the basic rate, because mail is used.
The essential characteristics of the good or service. They will be defined in the “Learn more” button before making the purchase.

Delivery and transport costs: From 24 to 48 hours after the order has been placed, provided that the order is placed before 7 p.m. The period of validity of the offer and the price: Will be published on the website at the time of purchase Right of withdrawal. The consumer and user who contracts at a distance shall have the right to withdraw from the contract in accordance with the provisions of current legislation and this agreement, although in this type of contract the entrepreneur may require the consumer and user to bear the direct cost of returning the good or service. No penalty shall be imposed on the consumer for exercising or waiving his right of withdrawal.

A good or service of equivalent quality and price may not be supplied as a substitute for the one requested by the consumer and user, where provision is made for this possibility. If the product is not desired, it may be exchanged for another of the same characteristics, provided that it is in optimum condition for sale and consumption.

The method of payment and methods of delivery or performance. Payment will be made by credit card or cash on delivery. The information contained in the previous section, the commercial purpose of which must be unquestionable, must be provided to the consumer and user in a clear and unequivocal manner, by any technique appropriate to the means of distance communication used, and must respect, in particular, the principle of good faith in commercial transactions, as well as the principles of protection of those who are incapable of contracting.

Contracting by electronic means

Purchase contracts concluded by electronic means will produce all the effects provided for by the legal system, when consent and the other requirements necessary for their validity are met. Electronic contracts shall be governed by the provisions of the LSSI, by the Civil and Commercial Codes and by the remaining civil or commercial rules on contracts, in particular, the rules on the protection of consumers and users and on the organisation of commercial activity. And by Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

The user declares to be of legal age and to have sufficient legal capacity to be bound by these General Conditions. Likewise, they expressly accept, without exception, that access to and use of this website, its services and the contents of said services takes place under their sole and exclusive responsibility.

Please note that in order for contracts to be validly concluded electronically, the prior agreement of the parties on the use of electronic means will not be necessary. Contractual obligations or any related information must be in writing, this requirement will be deemed to be satisfied if the information is contained in an electronic medium, for example on the web.

Proof of the conclusion of the contract by electronic means and of the obligations arising therefrom shall be subject to the general rules of the legal system and, where appropriate, to the provisions of the legislation on electronic signatures. In any event, the electronic medium on which a contract concluded by electronic means is recorded will be admissible in court as documentary evidence. Such as, for example, the e-mail received confirming the order.

The parties may agree that a third party may file the declarations of intent that make up the electronic contracts and record the date and time at which such communications have taken place. The intervention of such third parties may not alter or replace the functions of persons authorised by law to act as authenticators. The third party shall archive on a computer medium the declarations that have taken place by telematic means between the parties for the stipulated period of time, which in no case shall be less than five years.

In order to determine the law applicable to electronic contracts, the provisions of the rules of private international law of the Spanish legal system shall apply. Considering that the Entity is a service provider, it is established in Spain when its residence or registered office is in Spanish territory, provided that these coincide with the place where the administrative management and management of its business is effectively centralised.

As proof the Entity is established in Spain because the entity is registered in the Spanish Mercantile Register in which registration is necessary for the acquisition of legal personality. Information society service providers established in Spain are subject to the other provisions of the Spanish legal system applicable to them, depending on the activity they carry out, regardless of the use of electronic means to carry it out.

The Entity informs the recipient in a clear, comprehensible and unequivocal manner, and prior to initiating the contracting procedure, of the following: a) Steps to be taken to make the purchase. Price of the product with applicable taxes. And the rest of the formalities to be followed in order to conclude the contract.

1. b) The provider is going to file the electronic document formalising the contract and whether it will be accessible.

(c) The technical means at your disposal to identify and correct errors in the input of the data, and whether you will not be able to proceed to the next step in your purchase option; and

1. d) The language in which the contract can be formalised will be Spanish, as the main language.

   All this information is the one that usually makes up the so-called “General Conditions of the Contract”, which are accepted before the purchase is made.

   The Entity makes available to the addressee the general conditions to which, if applicable, the contract must be subject, so that they can be stored and reproduced by the addressee.

The Entity informs the recipient in a clear, comprehensible and unequivocal manner, and before starting the contracting procedure, of the following points: a) Steps to be taken to make the purchase. Price of the product with applicable taxes. And the rest of the formalities to be followed in order to conclude the contract.

1. b) The provider is going to file the electronic document formalising the contract and whether it will be accessible.

(c) The technical means at your disposal to identify and correct errors in the input of the data, and whether you will not be able to proceed to the next step in your purchase option; and

1. d) The language in which the contract can be formalised will be Spanish, as the main language.

   All this information is the one that usually makes up the so-called “General Conditions of the Contract”, which are accepted before the purchase is made.

   The Entity makes available to the addressee the general conditions to which, if applicable, the contract must be subject, so that they can be stored and reproduced by the addressee.

The Entity undertakes to confirm receipt of the acceptance to the person who made it by one of the following means:

(a) The sending of an acknowledgement of receipt by e-mail or other equivalent means of electronic communication to the address given by the acceptor, within twenty-four hours of receipt of the acceptance, or.

(b) confirmation, by a means equivalent to that used in the procurement procedure, of the acceptance received, as soon as the acceptor has completed the procurement procedure, provided that the confirmation can be filed by the addressee.

The acceptance and its confirmation shall be deemed to have been received when the parties to whom they are addressed are able to establish that they have received it.

In the event that the receipt of the acceptance is confirmed by acknowledgement of receipt, it shall be presumed that the addressee may have the said record as soon as it has been stored on the server on which his electronic mail account is registered, or on the device used for the receipt of communications.

Contracts concluded by electronic means in which a consumer/customer is a party shall be presumed to have been concluded at the place where he has his habitual residence.

In this sense, it is considered that, according to Article 1.262 of the Civil Code, consent is manifested by the concurrence of the offer and the acceptance of the thing and the cause that are to constitute the contract. If the one who made the offer and the one who accepted it are in different places, there is consent as soon as the offeror knows of the acceptance or as soon as, having been sent it by the acceptor, he cannot ignore it without being in breach of good faith. In such a case the contract is presumed to have been concluded at the place where the offer was made. In contracts concluded by means of automatic devices there is consent as soon as acceptance is expressed.

“Contract concluded by electronic means” or “electronic contract” means a contract in which the offer and the acceptance are transmitted by means of electronic data processing and storage equipment connected to a telecommunications network.

The applicable law is, in addition to all the laws that affect the Entity in its activity, the

• 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 (GDPR).

• and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).

• Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE); Law 7/1998, of 13 July, on the Protection of Personal Data (LOPDGDD); Law 7/1998, of 13 July, on the Protection of Personal Data (LOPDGDD).

• Law 7/1998, of 13 April, on General Contracting Conditions and Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, which specifically regulate contracts concluded at a distance, as well as the implementing regulations for each of them.

The consumer may choose between a judicial solution. For the fulfilment or non-fulfilment of the aforementioned agreement, the parties agree to waive any jurisdictions that may correspond to them, designating the Courts and Tribunals of Madrid. Or an extrajudicial solution of conflicts: Based on an arbitration system, the Consumer Arbitration Boards.

Return policy

In compliance with Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. And with its Article 76. Return of sums received by the entrepreneur.

When the consumer and user has exercised the right of withdrawal, provided that the user duly informs the entrepreneur, the latter shall be obliged to return the sums paid by the consumer and user without deduction of costs. The refund of these sums shall be made as soon as possible and, in any case, within a maximum period of 30 days from the withdrawal. Once this period has elapsed without the consumer and user having recovered the sum due, he shall be entitled to claim it back in duplicate, without prejudice to compensation for any damages caused to him in excess of this amount.

The employer bears the burden of proof regarding compliance with the deadline. And in compliance with Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

Contracts concluded at a distance are understood to be. Contracts concluded with consumers and users within the framework of a business activity, without the simultaneous physical presence of the contracting parties, provided that the offer and acceptance are made exclusively through any technique of distance communication and within a distance contracting system organised by the entrepreneur.

Performance of the contract and payment.

Unless the parties have agreed otherwise, the trader shall execute the order at the latest within 30 days from the day following the day on which the consumer and user has given his consent to the contract. In the event of non-performance of the contract. In the event of non-execution of the contract by the trader because the contracted good or service is not available, the consumer and user must be informed of this unavailability and must be able to recover the sums he has paid as soon as possible, and in any case within 30 days at the latest.

In the event that the trader does not make this payment within this period, the consumer and user may claim double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount. Replacement of the contracted good or service.

If the contracted good or service is not available, when the consumer and user has been expressly informed of this possibility, the entrepreneur may supply a good or service of similar characteristics of the same or higher quality without any increase in price. In this case, the consumer and user may exercise their rights of withdrawal and termination in the same terms as if it were the good or service initially required, without being required to pay the direct costs of return.