GENERAL CONTRACT CONDITIONS
This contractual document will govern the contracting of products and services through the website www.kailoha.com, hereinafter PROVIDER.
Acceptance of this document implies that the USER:
- You've read, you understand and you're agree with this text. - He is a person with sufficient capacity to hire. - Assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER website.
The PROVIDER informs that the trade is responsible and knows the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification .
The purpose of this contract is to regulate the contractual sales relationship born between the PROVIDER and the USER at the moment when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale involves the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.
The USER will select a username and password, committing to make diligent use of them and not making them available to third parties, as well as to notify the PROVIDER of their loss or theft or of possible access by an unauthorized third party. , so that it proceeds to the immediate block.
Once the user account has been created, it is informed that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses. 2. Shipping orders. 3. Right of withdrawal. 4. Claims.
5. Force majeure. 6. Competition 7. General of the offer. 8. Price and period of validity of the offer. 9. Transportation expenses. 10. Method of payment, expenses and discounts. 11. Purchase process. 12. Applicable guarantees. 13. Guarantees and returns. 14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SENDING ORDERS
The PROVIDER will not send any order until it has verified that the payment has been made. Shipments of goods will usually be made by MESSENGERY (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
The dates or deadlines will be understood as approximate, not constituting the essential default delay. In the event that the PROVIDER had not delivered the merchandise after 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive the refund of the total amount paid at no cost, and without that derives no liability for damages attributable to the PROVIDER.
The delivery period is usually between 2 and 5 working days, depending on the target population and the payment method chosen. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, as the data provided by the USER, false, inaccurate or incomplete.
The delivery will be considered made at the moment in which the carrier has made the products available to the USER and he, or his delegate, has signed the document of receipt of the delivery.
It is up to the USER to verify the products upon receipt and to expose all the exceptions and claims that may be justified in the document of receipt of the delivery.
In the event that the contracting does not entail the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the USER about the procedure that must be followed to perform this download.
3. WITHDRAWAL RIGHT
The USER has the same rights and deadlines to proceed with the return and / or claim the possible defects or defects presented by the product or service, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, for the return of the product (Article 71 of Law 3/2014 of March 27). Unless the return is made due to defects in the product, the shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal cannot be applied in the following cases:
1. If the product is not presented in perfect condition.
2. If the product packaging is not the original or they are not in perfect condition. The original packaging must protect the product in such a way that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.
3. When the product is open without being able to prove that it has not been used. 4. In software applications that are directly downloaded through the portal.
5. When they are personalized products or those that, for reasons of hygiene or other legally provided exceptions, are not susceptible to this right.
Any return must be communicated to the PROVIDER, requesting a return number (RMA) through the RMA form enabled for this, or by email to firstname.lastname@example.org, indicating the invoice or order number.
Once the USER has received the RMA number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transport costs at their expense, at the address provided after the product claim.
Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and / or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not incur responsibility for any fault due to major cause. Compliance with the obligation will be delayed until the termination of the force majeure case.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, to know and to accept the present General Conditions in all its extension.
7. OFFER GENERAL TERMS
All sales and deliveries made by the PROVIDER shall be deemed subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of KAILOHA or stipulated herein shall take effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular covenants shall prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the products offered. These modifications will also be valid if, for any reason, the possibility of supply of the products offered is affected.
8. OFFERS PRICE AND PERIOD VALIDITY
The prices indicated for each product include the Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check online all the details of the budget: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily while the order is not placed.
Once the order is placed, prices will be maintained whether or not product availability is available.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or of the company name that he has informed at the time of placing the order. This invoice will be sent together with the product purchased to the email address provided by the USER.
For any information about the order, the USER can contact via email to the address email@example.com
The prices do not include shipping or communication, or installation, or complementary services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER allows the following ways to make the payment of an order:
• Credit card: no discounts or charges will apply.
11. PURCHASE PROCESS
Basket (simulation of budget)
Any product from our catalog can be added to the basket. In this, only the articles, quantity, price and total amount will be observed. Once the basket is stored, taxes, charges and discounts will be calculated according to the payment and shipping data entered.
The baskets have no administrative ties, it is only a section where you can simulate a budget without any commitment by both parties.
From the basket you can place an order following the following steps for its correct formalization:
1. - Checking the billing information. 2. - Checking the shipping address. 3. - Selection of the payment method. 4. - Place the order (buy).
Once the order is processed, the system instantly sends an email to the PROVIDER's management department.
Orders (purchase requests)
In a maximum of 24 hours, in working days, an email will be sent confirming the status of the order and the date of shipment.
12. APPLICABLE GUARANTEES
All products offered through the website are completely original, unless otherwise indicated in their description. All have a guarantee period of two years, according to the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of consumers and users and other complementary laws.
13. GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003 of July 10 on Guarantees for the sale of consumer goods:
I) Compliance of the products with the contract
1. Unless proven otherwise, it shall be understood that the products are in accordance with the contract provided that they meet all the requirements set forth below, unless, due to the circumstances of the case, none of them is applicable:
a) Conform to the description made by KAILOHA.
b) They are suitable for the uses to which products of the same type are ordinarily destined.
c) They are suitable for any special use required by the client when they have informed KAILOHA at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.
d) Present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions on the specific characteristics of the products made by KAILOHA
e) KAILOHA describes the details, the technical characteristics and the photographs of the products provided by their manufacturer, so that you are not bound by these public statements.
2. The lack of conformity resulting from an incorrect installation of the product will be equated with the lack of conformity of the product when the installation is included in the contract of sale and has been carried out by KAILOHA or under its responsibility, or by the USER when the Defective installation is due to an error in the installation instructions.
3. The responsibility for non-conformance that the USER knows or could not ignore at the time of the conclusion of the contract or that originate in materials supplied by the USER will not proceed.
II) Responsibility of the PROVIDER
KAILOHA will respond to the USER of any lack of conformity that exists at the time of delivery of the product. KAILOHA recognizes to the USER the right to repair the product, its replacement, the price reduction and the termination of the contract.
III) Repair and replacement of products
1. If the product is not in accordance with the contract, the USER may choose to demand repair or replacement thereof, unless one of these options is impossible or disproportionate. From the moment the USER communicates to KAILOHA the option chosen, both parties must comply. This decision of the USER is understood without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. Any form of sanitation that imposes on KAILOHA costs that, in comparison with the other form of sanitation, are not reasonable, considering the value that the product would have if there were no lack of conformity, the relevance of the lack will be considered disproportionate in accordance and if the alternative sanitation form could be carried out without major inconveniences for the USER.
IV) Rules of repair or replacement of the product
Repair and replacement will conform to the following rules:
a) They will be free for the USER.
This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
b) They will be carried out within a reasonable period of time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.
c) The repair suspends the calculation of the terms referred to in Article VII. The period of suspension will begin after the USER makes the product available to KAILOHA and will conclude with the delivery to the USER of the product already repaired. During the six months after the delivery of the repaired product, KAILOHA will respond to the lack of conformity that led to the repair. It is presumed that this is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
d) The substitution suspends the terms referred to in Article VII from the exercise of the option until the delivery of the new product. The second paragraph of Article VII shall apply to the substitute product in any case.
e) If the repair is completed and the product is delivered, it remains non-compliant with the contract, the USER may require the replacement thereof, within the limits established in Article IV (2), or the price reduction or resolution of the contract under the terms of article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may require the repair of the same, within the limits established in paragraph 2 of Article IV, or the reduction of the price or termination of the contract in the terms of articles V and VI.g) The USER may not require replacement in the case of non-expendable products, nor in the case of second-hand products.
V) Price reduction and contract termination
The price reduction and the termination of the contract will proceed, at the option of the USER, when the latter cannot demand the repair or replacement of the product and in the cases in which these have not been carried out within a reasonable time or without major inconveniences for USER. The resolution will not proceed when the lack of conformity is of little importance.
VI) Criteria for price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been in accordance with the contract and the value that the product actually delivered had at the time of delivery.
VII) Deadlines 1. KAILOHA responds to any breaches of conformity that appear within two years of delivery. In second-hand products, KAILOHA and the USER may agree on a shorter term, which may not be less than one year from delivery.
Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity .
2. Unless proven otherwise, delivery is understood to have been made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it is later.
3. The action to claim compliance with the provisions of the preceding articles prescribes three years after delivery of the product.
4. The USER must inform KAILOHA of the lack of conformity within two months of becoming aware of it.
Unless proven otherwise, it will be understood that the communication of the USER has taken place within the established period.
VIII) Action against the producer
In general, and notwithstanding that the producer's responsibility ceases, within the same terms and conditions as those established for KAILOHA, the producer will be liable for the lack of conformity when it refers to the origin, identity or suitability of the products, of according to their nature and purpose and the rules that regulate them.
It is understood by producer, the manufacturer of a product or the importer thereof in the territory of the European Union or any person who appears as such by indicating on the product its name, brand or other distinctive sign.
Who has responded to the USER, will have a period of one year to repeat responsible for the lack of conformity. This period is computed from the moment the sanitation was completed.
14. APPLICABLE LAW AND JURISDICTIONThese conditions will be governed or interpreted in accordance with Spanish law in what is not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions of the courts and tribunals of the USER's domicile.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Courts closest to the population of MADRID (Spain).