These Website Terms of Service, regulate the terms and conditions of access and use of www.kitchenspain.com, owned by SOLUCIONES COTEMAR S.L, domiciled in Altea (Alicante), Partida El Planet 156 local 4 y 5 and holder of Tax Id. Nº B-42573345, registered in tomo 4123, folio 100, inscripción 1 con hoja A-160041. Here in after ‘the Company’, the Portal user must read and accept to use all the services and information provided from The Site.
In any case, the user declares that he is an adult, he has full capacity to act, he is able to read and fully understood all the clauses that are included in these generals conditions. In case of a minor, you can not use The Site without previous consent of their parents or tutors.
The user and the company, owner of The Site may be referred to collectively as the Parties or each separately as the Party. The mere access and / or use of the Portal, of all or part of their contents and / or services means full acceptance of these Terms of Service. The provision and use of the Site is understood, subject to strict compliance with the terms contained in the Terms of Service of the Site.
The Parties agree that the following terms have the meanings indicated:
The Site: The web page located at the following address www.kitchenspain.com and any subdomain or extension.
User: Person accessing the Website and / or using the services or accessible information.
The Terms of Service regulate acces and use of the Site, including content and services made available to Users on and / or through the Website, either Site or by its members or by any third. However, access and use of certain content and / or services may be subject to specific conditions for certain content or services.
The Site reserves the right to modify at any time the Terms of Service. In any case, it is recommended that you periodically check these Terms of Service of the Website, as may be modified.
5. Information and services
Users can access through the Site to different types of information and services. The Site reserves the right to modify at any time and without notice, the presentation and configuration, information and services offered by the Site. The User expressly acknowledges and agrees that at any time the Site may interrupt, disable and / or terminate any of the information or services. The Site will use its best efforts to try to ensure the availability and accessibility to the Site However, sometimes, for reasons of maintenance, update, change of location, etc., it may involve the disruption of access to Site.
The Site provides access to information and servicess, and it does not provide any equipment, materials or services to access them. For correct access and use of certain information and services the User must download to their computers for certain programs.
The Site does not intervene in the creation of those contents and / or services performed or provided by third parties and / or through the Site, the same way that does not control its legality. In any case it does not offer any kind of guarantee thereon. You acknowledge that the Website is not liable for the contents and / or services supplied or provided by third parties and / or through the Site. You agree that the Site does not accept any liability for any damages caused as a result of using this information or services from third parties.
There are certain content, data, information and services to access them, the user must pay a fee. In these cases, The Site will inform the User beforehand.
7. User liabilities
The User must always respect the terms and conditions set forth in these Terms of Service of the Site. User expressly states that use the Site diligently and assuming any liability that may arise from non-compliance.
The User agrees not to use the information and services offered by the Site for decisions with financial implications since it knows that information and services are outdated and may contain inaccuracies or errors. Also, in cases as requested data or information are obliged not to misrepresent your identity pretending to be someone else. You agree that use of the Site will be made for strictly personal, private and particular purposes. You may not use the Site against the Law, morals and public order as well as for prohibited purposes or violate or infringe rights of third parties activities. Dissemination, storage and / or data management or content which violates any third party rights or regulations governing the rights of intellectual property is also prohibited.
The User will not use the Site to perform acts that support, incite or promote; 1. illegal or criminal, denigrating, defamatory, discriminatory acts on grounds of sex, race, religion, beliefs; 2. violent, pornographic, degrading and / or somehow acts are contrary to morals, good customs.
Likewise, the user may not use the Site to transmit, store, disclose promote or distribute data or contents that are carriers of viruses or any other computer code, files or programs designed to interrupt, destroy or damage the operation of any software or hardware computer or telecommunications.
The User will not use the Site to send unauthorized advertising by the receiver.
The User agrees to indemnify and hold harmless the Site for any damage, loss, penalty, fine, penalty or compensation have to face the Site, as well as including attorneys’ fees and / or attorneys, or any others, for breach of these Terms of Service by the User.
8. Availability of information and services
SiteThe Site does not guarantee continuous and permanent availability of services, being this way exonerated from any responsibility for any damages caused as a result of the unavailability of service due to force majeure or errors in the networks transfer data beyond their control, or disconnections by works of improvement or maintenance of equipment and systems. In these cases, the Site will use its best efforts to warn in advance of 24 hours of interruption. The Site is not responsible for the interruption, suspension or termination of the information or services. Likewise, it is not responsible for any omissions, loss of information, data, settings, unauthorized access or breach of confidentiality that originate from technical, communication or human omission caused by third parties or not attributable to the Site. Not liable for damage caused by computer viruses or attacks involving software, communications systems or equipment used by the Site but manufactured or supplied by a third party. The Site may, in its sole discretion, refuse, withdraw, suspend and / or block at any time and without notice access to information and services to those Users who violate these rules.
9. Website responsibility
The User acknowledges and accepts that the Site makes no warranty of any kind, either express or implied, data, content, information and services that are incorporated and offered from the Site.
Except where the law expressly states otherwise, and exclusively by the measure and extent that it imposes, the Site does not guarantee or assume liability for any damages caused by the use and utilization of information, data and Site services.
In any case, the Site excludes any liability for damages that may result from information and / or provided or supplied by other than Company services. Third party liability is either supplier, partner or another.
10. Protection of Personal Data
In accordance with the provisions of Organic Law 15/1999 of 13th December on the Protection of personal data (LOPD), we inform you that any personal data which may be supplied to us will be added to the personal data files which are owned and managed by SOLUCIONES COTEMAR S.L. which is registered with the Spanish Data Protection Agency, in order to carry out the provision of services commissioned and eventually send commercial and advertising information about our services and developments in the Site. Please note that in case of not wanting to be part of our file has a period of thirty (30) days to express their objection to the processing and transfer of data, warning that no action shall be deemed to consent. You may at any time revoke their consent and exercise their rights of access, rectification, cancellation and opposition to the processing of their data by sending a written request, along a photocopy of ID, to SOLUCIONES COTEMAR S.L., Ref: “Protection data “to the following address Partida El Planet 156 local 4 & 5 03590 Altea (Alicante).
The user gives express consent so that they can transfer their data to the finance company in order to manage the financing of your purchase, in the event that the user has chosen to finance it.
The Site adopted for data processing all technical and organizational security measures which are required, in accordance with the provisions of the legislation.
11. Intellectual property
All content, trademarks, logos, drawings, documentation, software or any other element subject to protection by the law of intellectual property, which are accessible on the site belong exclusively to the Company or its legitimate owners and are expressly reserved all rights over them.
12. Applicable law, jurisdiction and notifications
These Terms shall be governed by and construed in accordance with the laws of Spain. In case of any conflict or discrepancy competent jurisdiction will be established by the Spanish legislation as a law of consumers and users. All notices, requests, demands and other communications that the user wishes to make to the owner of the Site Company shall be in writing and shall be deemed to have been properly made when they are received in the mail or at the following email@example.com Partida El Planet 156 local 4 & 5 03590 Altea (Alicante).
13. Null and void clauses
If any clause in these Terms of Service be declared fully or partially invalid or unenforceable, such invalidity or unenforceability will only affect that provision or part thereof that is invalid or ineffective, subsisting the general conditions in everything Moreover, considering all or part provision not included.
14. Good faith and diligence
The Parties undertake to fulfill their obligations and exercise the rights arising from these conditions in accordance with the strictest requirements of good faith and diligence.
GENERAL TERMS OF SALE
The following terms and conditions apply to the use of this website and describes the legal responsibilities between kitchenspain.com and Client. By placing an order in our online store, you confirm that you have read, understood and accepted these terms and conditions. These conditions of purchase have been exposed in due time in accordance with applicable law.
www.kitchenspain.com is an e-commerce website owned by SOLUCIONES COTEMAR S.L, domiciled in Altea (Alicante), Partida El Planet 156 local 4 y 5 and holder of Tax Id. Nº B-42573345, registered in tomo 4123, folio 100, inscripción 1 con hoja A-160041.
To place an order through the Website, You must be of legal age (18 or older) and should be the final customer. Minors are expressly excluded.
All contents of the website www.kitchenspain.com are exclusive and worldwide property of SOLUCIONES COTEMAR S.L or its suppliers, including without limitation, reproductions of articles, graphics, logos, images, text, illustrations, photographs, brands and other distinctive signs in any of the programming languages used or usable, as well as all software operation and development of the website. The reproduction, distribution, public communication, making available to the public, transformation, transfer and any other act or form of exploitation in any format online or offline that are not expressly authorized by the holder of the operating rights, are expressly prohibited.
COVERAGE OF THE OFFERThe products offered are distributed throughout Europe.INFORMATION AND DATAkitchenspain.com reserves the right to change the content, products or marketed from the website services and commercial offers submitted at any time.
kitchenspain.com makes every effort within its means to provide the information in its website is accurate and no typographical errors. In the case that at some point there are any error of this kind at all times outside the will of kitchenspain.com occurs, it would be corrected immediately. There is a typographical error in one of the displayed prices and a Client has made a purchase decision based on that error, kitchenspain.com will notify it of the error and the Client is entitled to cancel the purchase at no cost on their part kitchenspain.com is not responsible directly or indirectly of any information, content, statements and expressions contained in the products sold by kitchenspain.com. This responsibility falls to manufacturers, producers or distributors of such products.
Client understands that kitchenspain.com is a mere intermediary between them and said manufacturer or distributor.
Each product is accompanied by the following information:
• Product name.
• Product images.
• Product description.
• Product composition.
• Delivery time
• Price (including VAT)
• Product customization (colour, dimensions, etc)
kitchenspain.com has made an effort to display the colors of products closer to reality as possible. However, the color of the products shown on screen may be subject to variations depending on the quality of the computer monitor. In this sense kitchenspain.com cannot guarantee that the colors displayed on your monitor are exactly like reality.
Special offers, promotions or discounts will be valid until the date indicated or until the end of stocks.
PURCHASE PROCEDURE1- The products to be acquired must be selected and added to the shopping cart by clicking the button “Add to cart”.
2- The cart will contain the reference of the selected item, your name, photograph, unit price, quantity and price (including taxes, not including shipping or installation). In the cart Client shall indicate where you have to ship the product and choose the shipping method. Shipping and installation depend on the location selected for delivery.
3- The order form will request personal and customer billing data and data delivery and payment. These data will be incorporated into our database in order to be able to process the order and facilitate the implementation of new purchases in kitchenspain.com.
4- Once completed the purchase order and before shipping the order, a summary identifying the / the product / s purchased / s, total price (transport and taxes included) and shipping information. The order must be confirmed by clicking the “Buy” button, which will be enabled once you have accepted the terms of sale.
5- The purchases will be paid by credit card or debit card via PayPal or bank transfer to the following account:
Check payable to: SOLUCIONES COTEMAR S.L. / NICOLÁS IRIBAS RAZQUIN
Transfer: IBAN ES8700810671230001874894 / Swift: BSABESBB
It is very important that the SENDER or PAYER field, enter your name, or that of the person making the transfer payment.
In the “SUBJECT” you shall indicate the order number.
Other forms of payment will not be accepted. For payments by credit or debit card, the charge will be online, that is in real-time through secure payment once it has checked that the data are correct.
6- Confirmed the transaction, it will be communicated through the website itself the order number.
7- In addition, an email message with a description of the order and the personal data that has been reported will be forwarded. Failure to receive this message can be due to a temporary communication problem in the network or a typo in the email address supplied. In both cases it is advisable that you contact firstname.lastname@example.org.
PRODUCT AVAILABILITYAll product orders are subject to the availability of data and, in this sense, if difficulties occur in their supply, or if no longer in stock, we reserve the right to give information about quality substitutes and equal or greater value you can order. If you do not wish to order such substitute products we will reimburse any monies that you might have paid.REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any products from this website at any time and / or remove or edit any materials or content. Although we will try to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after sending the order confirmation.
We will not be liable to you or to any third party for the withdrawal of any product from this website, regardless of whether the product has been sold or not, remove or modify any materials or website content.
CURRENCY AND TAXESPrices on this website are shown in Euros.
The Client will always know the price and characteristics of the products previously offered to purchase, coming these detailed and specific on this website. Prices in Euros are including 21% VAT.
PAYMENT AND SECURITY
In order to give maximum security to the payment system, kitchenspain.com uses the secure payment gateway Verified by VISA, MasterCard SecureCode and PayPal. In this way, confidential payment details are transmitted directly and encrypted (SSL) to the corresponding or managed directly on secure PayPal portal bank.
For payment by Visa and MasterCard, transactions kitchenspain.com only accepts CES (Secure Electronic Commerce) with the international 3D Secure protocol. Secure Electronic Commerce is an initiative whose basic principle is to guarantee security in Internet transactions. When making payment via the secure payment gateway, the system automatically verifies that the credit card is activated for Secure Electronic Commerce. You then connect to the bank issuing the same, which request to authorize the transaction by a personal authentication code. The operation is performed only if the bank issuing the credit card confirms the authentication code. Otherwise, the transaction will be rejected.
FORM OF SHIPPING AND PRODUCT DELIVERYThe Client can collect the purchased product in the store in Altea, Partida El Planet 156 local 4 & 5 03590 Altea (Alicante).
Should the client choose the carriage and delivery at street level, the transport of the products purchased and / or assembly is carried out through kitchenspain.com contracted provider.
The delivery time indicated at the time of purchasing the product. To avoid delivery incidents (wrong addresses, inability to find someone at home etc.), you must complete the corresponding form also filling the box relating to your contact.
Shipping costs will be indicated before the time of purchase. Transportation to street level is free in Spain for purchases above € 600.00. Between € 200 and € 600 we will charge € 12. Under € 200 we will charge € 20.
Shipping costs with Promotions and Offers: All products under Promotions or Discounts will be exempt of “Free Shipping” for deliveries out of Spain.
Delivery will be made by the provision of the product by kitchenspain.com or a third party on behalf of kitchenspain.com in street level direction indicated by the Client on the purchase order. The Client assumes the risks of deterioration, damage and loss of products from the moment that the goods had been made available under this clause. In case the products have transport damage, the Client must indicate anomalies in the delivery note. In this case, kitchenspain.com repairs or replaces defective products in the shortest possible time. The lack of observations of the customer at the time of delivery equivalent to full compliance with the outputs.
For non stocked items the waiting time is of 90 days maximum from the date of order’s confirmation. Those freight charges concerning undeliverable items due to access problems will be charged to the customer who will pay the round trip. Please state any information or detail to facilitate the delivery. Prices do not include the assembling for those articles which might need it. Freight service does not include bringing items up to the floors. Material is delivered fully packed and protected in its box. If by any reason you want the product to be unpacked before its final destination, we will not be liable for any damage occurred. Delivery times shown in the website are approximate.
Regarding the rest products such as mattresses, the Client must not unpack before making sure that the product received corresponds to your order and that for reasons of hygiene, shall not admit exchange or refund after removing its plastic, without prejudice to the return of those products they had manufacturing defects. The Client must never pull the packaging of products to check that they are in perfect condition and verify that all products match those requested.
PRODUCT WARRANTYIn general terms, unless expressly provided in other words, all products are guaranteed against manufacturing defects for a period of two years under the Act. To enforce the guarantee submission of the purchase invoice, which will be included in required sending your order. The warranty does not cover travel or defects caused by bumps, scratches, misuse or normal wear of the materials.
CLIENT RIGHTS AND RETURNS POLICYkitchenspain.com not guarantee its clients the availability or delivery of products on offer from the website when these are affected by external control kitchenspain.com causes.
kitchenspain.com guarantees its clients the possibility to cancel their order at any time and at no cost if the cancellation is communicated before the order has been prepared and made available to the carrier for shipment.
The Client will have a period of fourteen (14) calendar days from the date of delivery of the order to withdraw all or part of the purchase of the product in accordance with applicable law. The Client will notify kitchenspain.com within the stipulated time and by any means allowed by law, his desire to exercise the right to terminate the contract. The order returned must be supplied with the delivery note and invoice to kitchenspain.com to the following address:
SOLUCIONES COTEMAR/ Partida El Planet 156 local 4 & 5 03590 Altea (Alicante)
kitchenspain.com not be liable for direct costs and expenses incurred by those returns Client Order in exercise of the right of withdrawal, so the Client bears the cost of return shipping.
The client may return any item purchased in the online store kitchenspain.com long as the products have not been opened or used and retain their seal or original packaging. kitchenspain.com return to Client the amount paid within a maximum period of 30 working days of receipt of the product by kitchenspain.com, provided that the product was received by kitchenspain.com under the conditions set out in the preceding paragraph. In the event that the returned products being damaged, the Client will indemnify the corresponding amount kitchenspain.com such damage, kitchenspain.com deducting that amount would have to reimburse the to the client as a result of the return. The repayment of the purchase money will be held through the medium of payment which the Client has done the same. In cases where the payment was made by bank transfer, the refund will be made to the account specified by the Client.
Exceptionally, the right of withdrawal will not apply in the following cases: In the case of products intended for personal use, and in general, when it comes to made according to customer specifications or clearly personalized which, because of their nature, cannot be returned or are liable to deteriorate products. Given the nature of the product, claims of certain goods which causes breakage due to transport, for which the Client will have to be mentioned in the book of the carrier himself admitted. The Client will be entitled to reimbursement of the price, shipping costs and transport costs for defective products or products delivered by mistake kitchenspain.com it will be retired and given the right product at no additional charge to the client. For any incident related to the return of items in our store, please contact the customer service department via email: email@example.com or phone kitchenspain (Monday to Friday from 10: 00 to 18: 00h & Saturday 10:00 to 14:00).
kitchenspain.com Client agrees at all times to provide truthful information about the data requested in user registration form or placing an order, and keep them updated at all times.
The client accepts these general conditions in this contract.
Applicable laws require that some of the information or communications we send will be in writing. By using this website, you agree that most of the communications with kitchenspain.com be electronic. For contractual purposes, Client consents to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we send you electronically comply with legal requirements to be written. This condition does not affect your statutory rights.
kitchenspain.com, provide the Client ID and password (as appropriate, chosen by the Client). The Client agrees to hold in confidence and with the utmost diligence their personal passwords.
NOTIFICATIONSNotifications that you send us should be given through our contact form or email firstname.lastname@example.org.
It is understood that the notifications have been received and have been properly made in the moment when posted on our website, 24 hours after an email, or been sent three days after the date of posting of any letter. To prove that the notification has been made, it is sufficient to prove, in the case of a letter, which had the right direction, it was properly sealed and was duly given at the post office or a mailbox, in the case of an email , that it was sent to the email address specified by the receiver.
EVENTS BEYOND OUR CONTROLWe will not be responsible for any failure or delay in fulfilling any of our obligations under a Contract that is caused by events outside our reasonable (“Force Majeure”) must control.
The “Force Majeure” includes any act, event, lack of exercise, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• Strikes, lockouts or other industrial action.
• Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (whether it has been declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• Inability to use trains, ships, aircraft, motor transport or other means of public or private transport.
• Inability to use public or private telecommunications networks.
• Acts, decrees, legislation, regulations or restrictions of any government.
• Strike, failure or accidents maritime or fluvial transport, mail or any other type of transport.
It is understood that our obligation to performance under any Contract is suspended during the period when the “Force Majeure” continue and have an extension in the deadline to fulfill our obligation as long as that period. We will use our reasonable endeavors to bring the Force Majeure or to find a solution by which our obligations under the Contract despite the Force Majeure.
STORAGE AND FILING OF TRANSACTIONS
The filing of the transactions made is done on a reliable and durable support kitchenspain.com server.
In kitchenspain.com can shop 24 hours a day, 7 days a week, all year, provided that the technical means allow. Thus it is exempt from any liability for any damages caused as a result of the unavailability of the online store. In these cases, kitchenspain.com make its best efforts to warn in advance of 24 hours of interruption, kitchenspain.com not be responsible for the interruption, suspension or termination of service online store.
APPLICABLE LAW AND JURISDICTION
These General Terms of Sale are subject to Spanish law, so the sales transactions are deemed to be made at the home of kitchenspain.com. In case of any conflict or discrepancy competent jurisdiction will be established by the Spanish legislation as a law of consumers and users.
NULL AND VOID CLAUSES
If any clause in these General Terms of Sale be declared fully or partially invalid or unenforceable, such invalidity or unenforceability will only affect that provision or part thereof that is invalid or ineffective, subsisting the general conditions in everything Moreover, considering all or part provision not included.
COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. Please send all feedback and suggestions through our contact form.