José María Sans Amill, S.A. (KriskaDECOR)
Ctra. Rojals km 0.05 - Montblanc (Tarragona), Spain
EU VAT No.: ESA-43035013
READ CAREFULLY THESE TERMS AND CONDITIONS
These terms and conditions regulate explicitly the relations arising between José María Sans Amill SA, Ctra. Rojals km 0.05, Montblanc (Tarragona), Spain, and with EU VAT No. A43035013 (onwards "KriskaDECOR") and the persons (hereinafter "Users") that register as Users and/or acquire products through the online shop of the official website of KriskaDECOR (http://www.kriskadecor.com, onwards the "Store").
2. OBLIGATIONS OF THE USER
2.1 The User undertakes, in general, to use the store, to purchase products and use each of the services of the shop diligently, in accordance with the law, morality, public order and provisions of these general conditions, and must also refrain from using them in any way that may impede, damage or impair the normal functioning and enjoyment of the store by Users or which could damage or cause damage to the property and rights of KriskaDECOR, its suppliers, Users or any third party in general.
3. PRODUCTS AND PRICES
3.1 KriskaDECOR reserves the right to decide, at any moment, which products are offered to the Users through the store. In particular, KriskaDECOR may at any time add new products to the offered or included in the store, understanding that unless otherwise indicated, such new products are governed by the present general conditions. Also, KriskaDECOR reserves the right to stop to provide or facilitate access and use at any time and without prior notice of any of the various classes of products offered at the store, and to make any changes in the product if it seems pertinent for technical reasons.
3.2 The products included in the store resemble the effectively offered products as accurate and truthful as the technology of web visualization allows. However, the User has to take into account that it is a representation.
3.3. The characteristics of the products and their prices appear in the store. The prices quoted in the shop are in Euros and include VAT or other taxes, but do not include costs for the shipment of products, which are detailed separately and must be accepted by the customer, unless otherwise indicated.
3.4 The colors of the final product supplied may have slight variations in tone in relation to the samples.
3.5 Due to the technical characteristics of the product, the final measures may not correspond exactly to those provided by the buyer. In any case the potential variations will be minimal and the given dimensions will never be exceeded.
4 PROCEDURE AND PAYMENT OF THE PRODUCTS
4.1 Within a maximum of twenty-four (24) hours, KriskaDECOR will send an email to the User confirming the purchase. This e-mail will assign a purchase reference code, and will detail the characteristics of the product, the units to deliver, its price, shipping costs and data of the different options for payment of the products to KriskaDECOR.
4.2 Users who purchase a product through the Store must make the payment through the payment systems specifically detailed in the Shop and in the subsequent email with the confirmation of the purchase.
4.3 KriskaDECOR will archive the electronic documents that formalize the contract, sending a copy to the User once the purchase is made. The contract will be written in Spanish, or in English if the purchase is made outside the Spanish state.
4.4. The order confirmation sent by KriskaDECOR has got no validity as invoice; it only serves as proof of purchase. KriskaDECOR will send the invoice along with the product.
5. CANCELLATION OF ORDERS
5.1 KriskaDECOR will accept cancellations of orders when requested in writing to email address email@example.com within 48 hours from the confirmation of the order.
After the deadline, to cancel an order you will have to run the return process.
6 TIMELINE AND PLACE OF DELIVERY
6.1 KriskaDECOR undertakes to deliver the product in perfect condition at the address indicated by the User in the order. To optimize the delivery, the User will indicate an address at which the order can be delivered within normal working hours.
6.2 KriskaDECOR will not be responsible for errors caused in the delivery when the delivery address provided by the User does not conform to reality. If it is not possible to deliver the shipment by absence of the recipient, wrong or incomplete address, rejection of the delivery or any reason beyond the control of KriskaDECOR, it will be the responsibility of the User and the additional costs generated will be at the Users expense.
6.3 The User must check the soundness of the package in presence of the carrier which realizes the delivery of the ordered product on behalf of KriskaDECOR, indicating on the delivery order any anomaly that could be detected in the packaging. If, subsequently, once reviewed the product, the User should find any incident such as cracks or broken pieces, signs of having been opened or any damage caused by the transport, this should be communicated to KriskaDECOR via email as soon as possible and with a maximum delay of 4 working days from delivery.
7 RIGHT OF RETURN
7.1 All products purchased at KriskaDECOR may be returned and refunded, provided that the User notifies KriskaDECOR by e-mail to firstname.lastname@example.org of its intention to return the purchased product (s) within a maximum period of seven (7) working days from the date of delivery and that the rest of the conditions set out in this paragraph are fulfilled. The direct cost of returning the product will be charged to the User.
7.2 Such return shall be in accordance with the instructions KriskaDECOR will specify to the User in response to their notification. Once the return is confirmed, KriskaDECOR will schedule the collection and inform the User of the date and time of the same. The User shall return the product within a maximum of seven (7) days after KriskaDECOR indicates how to proceed.
7.3 KriskaDECOR will only accept returns that meet the following requirements:
1. The product must be in the same state in which delivered and should preserve, as far as possible, its original packaging and labelling.
2. The shipment shall be made using the same box in which the product was received or, if that is not possible, in a similar format to ensure the return in perfect condition.
3. The properly completed return sheet, indicating the returned goods and the reason for their return, along with a copy of the delivery order, should be included within the package.
7.4 The return involves the refund of the amount paid (excluding shipping charges) or replacement of the product returned by another of the same cost. To do so, the customer must indicate on the return sheet which option is desired, as well as the credit card number and the name of the holder of the card to which KriskaDECOR should make the payment if the option for refund is chosen. The deadline for such payment will be the one provided for in the law.
7.5 If the reason for the return is attributable to KriskaDECOR (the product is defective, it is not the requested, etc.), the return will not have shipping costs and the total of the amount paid (including shipping costs) will be refunded. If the reason is another, KriskaDECOR will refund the cost of the products except shipping costs. These costs of return will have to be payed and are currently 15 € for the peninsula or Balearic Islands, 90 € for the Canary Islands and the amount of charged shipping costs in the case of other destinations.
7.6 KriskaDECOR will not be responsible for the expenses caused by those returns that occur without respecting the steps set out in this procedure.
8.1 KriskaDECOR ensures that the products delivered to the original purchaser are free of defects of manufacture or of used materials for a period of 2 years.
This warranty does not apply in the following cases:
1. Damage caused by third parties: shipping, manipulators, warehousing, etc.
2. Damage caused by misuse, vandalism, theft of parts or modifications made by the User.
3. Damage caused by extreme variations of temperature or exposure to exceptional conditions.
8.2 KriskaDECOR reserves the right to make any change in the product that for technical reasons it deems pertinent.
9 CUSTOMER SERVICE
9.1 For any incident, claim or exercise of rights, the User can send an email to email@example.com
10 HOME DELIVERY SERVICE
10.1 The area of sales through the store is exclusively the territory of the European Union, which is why the delivery service will only be for that area. Products purchased from the store are sent to the delivery address indicated by the User once the payment is verified. The maximum delivery period, as set by default in the law, is of thirty (30) days.
10.2 The KriskaDECOR delivery service is carried out in collaboration with various recognized logistics operators. There will be no orders served to postal sections or at hotels or other non-permanent addresses.
10.3. The cost of shipping is not included in the price of the products. When purchasing the product, the User will be informed of the exact cost of shipping.
11 INTELLECTUAL AND INDUSTRIAL PROPERTY
11.1 The User acknowledges that all components of the store and each one of the products, the information and materials contained in them, brands, the structure, the selection, management and presentation of its contents, and of computer programs used in relation to them, are protected by intellectual and industrial property rights of the own KriskaDECOR or third parties, and the General Conditions respect to such intellectual and industrial property rights do not attribute any other right than those specifically referred to in the same.
11.2 Except when authorized by KriskaDECOR or by the owners of corresponding rights, or unless it is legally permitted, the User not may reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, loan, make available or allow access to the public through any modality of public communication to any of the elements referred to in the preceding paragraph. The User shall use the materials, elements and information that can be accessed through the use of the store only for its own needs, and will not make any commercial exploitation of the materials, elements and information obtained through them, either directly or indirectly.
11.3 At the same time, the copy, reproduction, adaptation, modification, distribution, marketing, public communication and/or any other action which leads to an infringement of Spanish and/or international legislation on intellectual and/or industrial property, as well as the use of the contents of the web if not with the written authorization of KriskaDECOR is totally prohibited.
11.4 KriskaDECOR informs that it does not grant implicit licenses or authorizations on intellectual and/or industrial property rights or any other right or property directly or indirectly connected to the contents included in the web.
11.5 The User shall abstain from eluding or manipulating any technical device set by KriskaDECOR or third parties in the store.
12 PROTECTION OF DATA
12.2 Personal data and other information provided through the registration form, as well as through transactions, will be included and kept in a file for processing, property of KriskaDECOR, as long as their cancellation is not requested. The treatment will be directed at the development and execution of the sale, the personalized attention to the products and services you purchase, the improvement of such care and to the promotion of products and services both of KriskaDECOR and of third-party companies linked to KriskaDECOR.
12.3 KriskaDECOR will process these data with maximum confidentiality, being the sole and exclusive recipient thereof, and will not carry out assignments or communications to third parties outside of the kind referred to by the legislation.
12.4 The User expressly authorizes KriskaDECOR the remission, even by electronic means, by KriskaDECOR and the above-mentioned entities, commercial communications and offers and promotional competitions.
12.5 By simply visiting the website, Users do not provide nor are obliged to facilitate any personal information.
12.6 The User may at any time exercise the rights of access, rectification, opposition or cancellation contacting directly with KriskaDECOR, or by email to firstname.lastname@example.org, attaching a copy of their ID or a replacement identification document.
12.7 The answers marked with * in the registration form are mandatory. When not replied, they will prevent the purchase of the selected products..
13.1 KriskaDECOR will facilitate the use of personal passwords to the User who registers as such on the website. These passwords will be used for access to the services provided through the Website. The User must maintain the passwords under his exclusive responsibility and strictest and absolute confidentiality, assuming therefore the damage or consequences resulting from the breach or disclosure of the secret. For security reasons, the password for telematic access to the services linked to the Website may be modified at any time by the User. The User agrees to notify KriskaDECOR immediately in case of any unauthorized use of the password, as well as access by unauthorized third parties.
14.2 If the User does not want to install a cookie on its hard drive, the Internet browsing program should be configured to not receive them. Similarly, the User will be able to destroy cookies freely. In case the User should decide to disable cookies, the quality and speed of service can decrease, and access to some of the services offered in the store will be lost.
15. MODIFICATION OF THE CONDITIONS OF USE
15.1 KriskaDECOR reserves the right to modify, at any time, the presentation and configuration of the Website, as well as the present general conditions. Therefore, KriskaDECOR recommends reading them carefully each time when accessing the Website. Users will always have these CU in a visible site freely accessible to any consultations they want to make. In any case, acceptance of the CU will be a prior and essential step towards the acquisition of any product available through the Website.
16. APPLICABLE LAW AND JURISDICTION
16.1 These general conditions are governed by Spanish legislation. Any dispute of interpretation or execution that could arise with regard to the validity, interpretation, performance or termination of the present contract will be submitted to the jurisdiction and competence of the courts and tribunals of the city of Tarragona, renouncing the jurisdiction that may correspond to the User, provided that the applicable law allows it.