Terms and Conditions

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GENERAL CONDITIONS OF PURCHASE

Subject matter and parties

These General Conditions of Purchase regulate the legal relationship existing between STOR, S.L., with Tax ID Code (“C.I.F.”) B-28256873 (hereinafter, STOR), owner of website byquokka.com (hereinafter, the WEBSITE), and any person making purchases through it (hereinafter, the User).

STOR has its registered office at Paseo General Martínez Campos, no. 53, 28010 – Madrid (Spain). For further information on STOR, the User may access our Legal Notice, permanently available at the bottom of the WEBSITE, and the FAQs section.

These General Conditions are the only conditions applicable governing the contracting of products through the WEBSITE, unless otherwise expressly agreed in writing between the User and STOR. These General Conditions supersede any others that may have been previously available on the WEBSITE.

The User accepts and shall be bound by these General Conditions as stated at the time of their acceptance within the contracting process. Thus, the User is advised to read these General Conditions with care whenever the User proposes to purchase through the WEBSITE, since these General Conditions may have been amended after the User’s last visit.

To contract through the WEBSITE the User must be older than 18 years of age and have sufficient legal capacity to contract.

STOR has used its best endeavors to draw up these General Conditions transparently, clearly, concretely and simply. Should the User fail to understand any of the contents of these Conditions, the User may write to us at info@byquokka.com

Stages of the contracting process

To purchase products through the WEBSITE, the User must take the following steps:

- Access website www.byquokka.com

- Select a product.

- After accessing the product, select the number of units and click “Add to cart”. At this stage, the User may verify in depth the description and features of the product in question.

- Once the product has been added to the cart, a message will appear which will permit the User either to continue purchasing or to proceed to purchase the selected product.

- If the purchase is continued (clicking the “BUY” button), the page will change to a cart list. The User must then check that the selection is correct. At this stage, the User may also change the number of units of the selected product, or introduce a discount voucher (if any).

- After verifying that the selected products are correct, the User must click the “Buy” button.

- If the User already has an account with the WEBSITE, the User must enter the user name and password in the section to the right, “ALREADY REGISTERED?”. If the User does not have an account, the User must register in the left section, “CREATE AN ACCOUNT”, entering the data requested to complete the form.

- After this step has been confirmed, the User may verify that the sending address previously entered when creating the account is correct, and make changes, clicking the “Update” button, if it is not or if a different billing address is wished. At this step, the User may also leave a comment on the order placed. Once the addresses have been confirmed, the User must click the “Buy” button.

- The User may then select a shipping option from among those available and again click “Buy” to continue the process. At this stage, the User is requested to tick the box recording that the User has read these General Conditions.

- The User will have, lastly, the option to choose the desired payment method (card or PayPal) and confirm the purchase.

Once the purchase process is completed, the confirmation will be sent automatically to the e-mail address given by the User within not more than 24 hours.

Although Quokka automates its stock availability and indicates whether or not units are available for each product, if Quokka indicated by error that units exist and this were not the case, Quokka will inform the User as soon as possible after the erroneous information is known to Quokka, affording the User the possibility of recovering the full amount of the purchase or selecting other products of similar features and nature.

Prices

The prices of all the products offered through the WEBSITE are stated in Euros (€) and include VAT and any other applicable taxes. The price indicated for the product also includes shipping expenses.

The User declares to know that Quokka retains the right to change the prices of the products at any time. The price of the acquired product will be that shown on the website at the time of acceptance of these General Conditions.

The User expressly consents to receive the order invoice electronically instead of a paper copy.

Payment procedure

The User may pay using a credit or debit card or by PayPal.

We accept Visa and Mastercard credit and debit cards. Payments by card use a safe connection. Payments by card must be processed without closing the browser.

If any undue or fraudulent debit were made to the card used for purchases at the WEBSITE, the User may get in touch with STOR at info@byquokka.com, within the shortest time possible, for us to be able to take any advisable action to attempt to resolve the problem.

In addition, STOR states that it does not have access to or store data of the means of payment used by the User. Only the entity processing the payment in question has access to such data to manage payments and collections.

Delivery procedure

STOR will only send products acquired through the WEBSITE to addresses located in any of the following countries: Austria, Germany, Belgium, Denmark, Spain, Finland, France, Greece, Italy, Ireland, Luxembourg, Monaco, Netherlands, Portugal, United Kingdom and Sweden. The User, when creating the account, will unable to indicate the delivery address in a country other than those mentioned above.

At STOR we undertake to deliver the product at the address indicated by the User within a maximum 30 days after the order is placed. To the extent possible, we will nevertheless attempt to have the product reach the recipient address within 24 to 48 hours in the case of national shipments and within 2 to 7 business days in the case of international shipments.

To be able to meet this commitment, the address given by the User must be an address at which the delivery may be made at ordinary working hours. We do not deliver products on Saturdays or Sundays or on national, regional or local public holidays.

STOR disclaims any liability for errors or damages caused where the address given by the User fails to conform to the intended delivery place.

At the time of delivery of the order, the User must show an identity document, sign the delivery note and request a copy of the delivery note from the carrier.

The delivery will be deemed made at the time when the product is made available to the User or to a third party authorized by the User, at the given delivery place.

The product risk (inter alia, loss, damage or theft) will be transferred to the User as soon as the ordered product has been made available to the User as provided for in these General Conditions.

Assembly and installation

Other than those products that, given their nature, do not require assembly and/or installation, our products are delivered to the User unassembled. It is the User who must assemble and install the product, according to the handbook of instructions accompanying each product. This handbook of instructions is also available to be viewed and downloaded in the record of each product at the WEBSITE.

In the case of any doubt regarding the assembly and/or installation of the acquired product, the User may get in touch with our purchases department at: info@storline.com.

Right of withdrawal

The User shall have a maximum term of fourteen (14) calendar days to withdraw from the purchase, computed from the time of acquisition of the material possession of the products acquired (by the User or by an authorized third party). To comply with the term for withdrawal, it will suffice for the notice to exercise this right to be sent by the User before said term has expired.

Upon expiry of the term of fourteen (14) calendar days, STOR will accept no returns for withdrawal of purchases of products.

The User exercising the right of withdrawal shall meet the following conditions:

1) The product shall be in the state in which it was delivered and must keep the original literature, accessories, packaging and labeling.

2) A copy of the purchase receipt and delivery note of the products must be included in the package, where the returned products must also be marked. The User need not state the reason for the return, although STOR appreciates the reason being given, if a product is returned, in order to improve its service.

The right of withdrawal may be exercised by sending to info@byquokka.com an unequivocal statement of withdrawal (or by sending a notice physically to the STOR address provided above), completing, for example, the following form:

(You must only complete and send this form if you wish to withdraw from the contract):

– I hereby inform you that I withdraw from my contract to purchase the following product:

– Ordered /received on:

– Name of User:

– Address of User:

– Signature of User (only if this form is submitted on paper).

– Date.

The User shall return the products to STOR without undue delay and, in any event, within fourteen (14) calendar days after the date on which the User serves notice for termination of the agreement. The User shall bear the shipping expenses for return of the products.

If the User has correctly followed and complied with the withdrawal procedure and its requirements, STOR shall refund any payment received from the User to purchase the returned products before fourteen (14) calendar days have elapsed from the date on which STOR was informed of the decision to withdraw.

STOR shall make such refund using the same payment method used by the User for the initial transaction, unless the User requests otherwise.

STOR may withhold the refund until it has received the product or the receipt evidencing its delivery.

Partial withdrawals shall give rise to partial refunds.

Customised products will not be accepted for return unless it is due to an error in their production.

Legal warranty and claims

STOR shall be liable for any lack of conformity of the product received by the User to the product effectively contracted, for the general term of two (2) years after delivery.

The User shall inform STOR of the lack of conformity of the received product within the maximum term of two (2) months after it became aware of it, through an e-mail to info@byquokka.com or a written notice on paper sent to the address of the company.

The processing of any claim relating to the acquired product, in addition to customer service, is afforded through said e-mail address, and telephone number 911213450.

STOR undertakes to answer the received claims within the maximum term of one (1) month.

Disclaimer

STOR shall not be held liable, inter alia, for:

- Errors or omissions by the User in the data entered or any other error or omission by the User in the contracting procedure. The above notwithstanding, should the User observe at a later date that any of the entered data is correct, the User may notify this to STOR at info@byquokka.com, for us to attempt to rectify or amend such errors or omissions.

- Contracting by minors, its being the responsibility of their parents or tutors to exert adequate control over the activity of the children or minors in their care.

-Damages caused by any use contravening or failing to conform to the nature and/or utility of the acquired product.

Amendment to the General Conditions

STOR retains the right to amend these General Conditions at any time without prior notice. These General Conditions shall always be available to the User permanently, easily and free of charge at the WEBSITE.

In any case, the Conditions in effect at the time of the purchase shall be those taken into account even if subsequently amended.

Language

The contract between the User and STOR may be executed either in Spanish or in English, depending on the language selected by the User at the top right corner of the WEBSITE. In the event of inconsistency between the contractual conditions in one and the other language, the Spanish version shall always prevail.

Safeguard clause

If any clause of these General Conditions is declared null or unenforceable by imperative of the law, this shall have no effect, to the extent possible, on the rest of their contents. The clauses declared null or unenforceable shall be replaced by valid provisions as close as possible to the spirit and purpose of these General Conditions.

Governing law

These General Conditions are governed by Spanish law.

Should the User not have consumer status, both parties submit, expressly waiving any right they may have to their own jurisdiction, to the Courts and Tribunals of Madrid.

Online dispute resolution

The User shall have the option, in any dispute arising from this contract, to institute a European online dispute resolution proceeding, through the following link: https://ec.europa.eu/consumers/odr/.