Terms of use:
Keshop, S.L. (THE SELLER) with C.I.F. B66842147 registered in the commercial register of Barcelona, Volume 22143, Folio 177, Page B-32.043, residing at Rda. Alfonso X el Sabio, 41, 08304 Mataró, province of Barcelona and e-mail address [email protected] (as of now THE VENDOR'S ADDRESS).
Any purchase of a product on the keshop.com online shop (henceforth THE VENDOR'S SITE) requires consultation and acceptance of these terms and conditions of sale. By purchasing from this website and placing an order, you are deemed to have read and accepted these terms and conditions of sale. Acceptance has the value of a "digital signature".
Preamble:
The purpose of these general terms and conditions is to define the rights and obligations of both parties in the context of internet sales of products offered by the seller to the consumer.
COOKIES USE POLICY:
A cookie is a small text file that is transferred to the user's computer, smartphone or tablet via the web browser. Our system transfers cookies to permanent storage on your device when you visit our website in order to save your login details so that you do not have to re-enter them the next time you visit our website, as well as to keep unfinished shopping baskets (which have not ended in an order and which the user has not deleted).
Cookies can be temporary (or "session") cookies, which are in use only during your visit to our website and are deleted when you close your browser, or persistent cookies, which remain in permanent storage on your device when you leave the website until you manually delete them or your browser deletes them after a period of time.
We use some temporary cookies in order to recognise you when you visit our website, but we also allow third parties, primarily Google, to use analytical cookies (temporary and permanent) on our websites to compile aggregate information about the parts of our site that users visit most frequently. This information is used to improve the content of the website and to facilitate its use. On our website we do not allow the use of other third party cookies that track browsing habits for targeted marketing purposes (or "online behavioural advertising").
Most web browsers are set to accept our cookies and those of third parties. However, you can change the settings for both types of cookies to accept them, to be asked whether you want to accept or reject each cookie that is sent to you, or to reject all cookies completely. We recommend that, for an optimal experience of our website, you accept our cookies and those of third parties. You can change the browser settings on the toolbar. If you wish to reject Google Analytics cookies, please visit the Google website at (https://tools.google.com/dlpage/gaoptout?hl=es) and download the Google Analytics Opt-out Browser Add-on.
If you wish to reject our cookies, please set your browser to do so, but please note that in this case some features of the website may not be available and your use of the site may be affected.
Order - Contract confirmation:
The current information will be followed by an e-mail to the e-mail address indicated by the buyer, after the order notification.
Confirmation and proof of payment:
The records stored in the SELLER'S company systems, under adequate security conditions, are considered as proof of the communications, orders and payments between both parties.
Reliable and durable storage of purchase orders and invoices can be provided as proof of purchase.
Product information:
All efforts have been made to ensure the accuracy of the information on THE VENDOR'S SITE or its suppliers. Product and manufacturer names and brands are used for identification purposes only.
Validity period for offers and prices:
Special offers, promotions or discounts are valid until the date indicated or until stocks last, as well as the prices indicated at the time of consultation of the website..
Payment methods:
Payment is required to place an order.
Payments shall be made by:
- VISA / MASTERCARD / MAESTRO bank card: it will be made through the payment website secured by the SELLER'S Bank.
So that the information transmitted is encrypted by software and no third party can gain knowledge of it during transport in the network.
- PayPal
So that the information transmitted is encrypted by software and no third party can gain knowledge of it during transport in the network.
- Bank transfer
An online invoice stating VAT, as well as any other applicable taxes and duties, will be provided to the purchaser.
Non-payment:
THE SELLER reserves the right to refuse to deliver or to honour an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is being administered.
Transport costs and delivery times:
The products are delivered to the address indicated by the buyer in the order form, and only to the geographical destinations specified in the delivery methods.
All products are shipped in perfect condition. The customer must notify the logistics company (or the postman) of the slightest traces of impact (holes, crush marks, etc. ...) on the parcel, and, where necessary, the customer must refuse the parcel. An identical product will be shipped free of charge.
If any product is damaged, a claim must be made to the VENDOR within a maximum of (2) two working days (by e-mail or registered mail). It is essential to enclose photographs confirming the damage mentioned above, as well as photographs of the packaging received.
As with any shipment, it is possible that the product arrival may be delayed or lost. In such a case, the logistics company will be contacted to initiate an investigation. All efforts will be made, for as long as necessary, to find the package. Where appropriate, the trader will be reimbursed by the logistics company and a new identical parcel will be delivered free of charge.
In case of delays in the delivery time caused by the logistics company, the weather or strikes, we will make the appropriate claims and try to make the delivery of the order as soon as possible.
Delivery problem by the logistics company:
Any anomaly regarding the delivery (damage, lack of product compared to the delivery note, damaged package, broken products...) must be rigorously reported by e-mail to [email protected], or a registered letter to the SELLER'S ADDRESS, during the next two (2) working days after the delivery date, mentioning such claims.
Delivery error:
The consumer must inform the SELLER, on the same day of delivery or, as a last resort, on the first working day after delivery, of any complaint due to a delivery error and/or non-conformity of the goods in kind or quality with the information provided on the order form.
At the end of this period, any claim will be rejected.
This complaint to the SELLER may be addressed to the SELLER'S ADDRESS.
Any claim that is not made in accordance with the above-mentioned rules or after the above-mentioned deadlines will not be accepted and, therefore, THE VENDOR shall not be liable to consumers.
In case of delivery error or exchange, any product for exchange or refund must be returned to the SELLER in perfect condition, in its original packaging and without having been used or manipulated, to the ADDRESS OF THE SELLER.
For the change to be accepted, it must be reported to and approved in advance by the SELLER, who, in case of agreement, will send a new package to the requested delivery address.
Shipping costs shall be borne by the SELLER, unless it is proven that the product does not correspond to the original declaration made by the consumer. Only in this way the change will be carried out correctly.
Product warranty:
The provisions of these conditions cannot deprive the consumer of the legal guarantee which requires the professional seller to be responsible for any kind of defect in the product sold.
The consumer is explicitly informed that the SELLER is not the manufacturer of the products presented on the SELLER’S SITE.
In the event of a defective product, THE seller shall proceed, as appropriate, to the repair, replacement, price reduction or termination of the contract, which shall be free of charge for the consumer and user. The consumer and user must inform the SELLER of the lack of conformity within two months of becoming aware of it.
In the absence of any evidence, the goods shall be deemed to be in conformity with the contract provided that they meet all of the following requirements:
a. They conform to the description given by the seller and they possess the qualities of the product which the seller has presented to the consumer and user in the form of a sample or model.
b. They are fit for the purposes for which products of the same type are normally intended.
c. They have the usual quality and performance of a product of the same type which the consumer and user can reasonably expect, taking into account the nature of the product.
In case of damage to a person, only the liability of the manufacturer shall be claimed by the consumer, with respect to the information on the product packaging.
Withdrawal period:
The withdrawal period granted to the customer by law in the case of the purchase of goods is seven (7) working days from the date of receipt of the order. During this period, the customer may return, at his own expense, without penalty, the product(s) that do not suit him.
In this case, the customer can choose between reimbursement of the amount paid, in exchange for the return of the product(s), or exchange of the product(s) ordered. It is understood that the returned product(s), at the customer's expense, must be in good condition as delivered by the SELLER.
The products shall not have been opened for the purpose of the consumer exercising the right of withdrawal.
Only the prices of the product(s) purchased will be taken into consideration, subject to the products being returned complete in their original packaging and in a condition similar to their original condition. No returns will be accepted if you have not contacted our services by e-mail beforehand. In the absence of an agreement, the SELLER shall refuse to accept any return. In any case, the costs and risks of returns shall be borne by the customer.
Returns will be made to the SELLER'S ADDRESS. The right of return may not be exercised for: - Items returned incomplete, deteriorated, damaged or soiled by the customer will not be refunded, or the return price will be reduced. Once the package has been received by our services, reimbursement will be made within 30 days.
Property reservation:
The use of trademarks on this site is strictly prohibited.
Force Majeure Causes:
Neither party shall be liable for total or partial failure or delay in the performance of its obligations under this contract caused by external causes beyond its control (Force Majeure).
Force Majeure shall be deemed to include, without limitation: war, riots, insurrection, severe disruptions to Internet security, technical failures, unauthorised access to and/or intrusions into the Website servers, strikes of any kind, and telephone or computer failures.
If either of the parties mentions a Force Majeure Event, it shall notify the other party within ten working days of the occurrence or imminent occurrence of the event.
The parties agree to communicate with each other in a timely manner to jointly determine the terms and conditions for the replenishment of an order, should a Force Majeure Event occur.
After one (1) month of interruption due to a Force Majeure Event, THE SELLER may decide to cancel the order(s), in which case it will reimburse the buyer, if the situation applies.
Divisibility:
If one or more provisions of these General Terms and Conditions of Sale is held or declared invalid according to law, regulation or following an unappealable judgment issued by a court with jurisdiction, the remaining provisions shall retain their full scope and validity.
Non-renouncement:
If a party does not indicate that it is unable to fulfil one or more of the obligation(s) listed in these general terms and conditions, it is obliged to fulfil the obligation(s) in question.
Applicable legislation:
These conditions shall be governed by Spanish law, which shall be applicable in all matters not provided for in this contract regarding interpretation, validity and execution.
In the event of a dispute or complaint, the consumer shall primarily contact the SELLER to find an amicable solution.
Confidentiality and Data Protection:
In compliance with the provisions of Organic Law 15/1999 of 13 December on the Protection of Personal Data, the personal data provided by the buyer will form part of the seller's customer file, the purpose of which is to maintain the contractual relationship, the control and management of sales and their corresponding payments. The seller shall treat such data with the utmost confidentiality and he undertakes not to use them for any purpose other than that for which they were collected, and to store them with the appropriate measures to guarantee their security and prevent their alteration, loss, unauthorised processing or access.
The seller undertakes to maintain professional secrecy with regard to such personal data, even after the end of the contractual relationship.
The buyer authorises the seller to retain his data for a period of five years after completion of the contractual performance.
The purchaser has the possibility of exercising the rights of access, rectification, cancellation and opposition by sending a written communication to the following address Rda. Alfonso X el Sabio, 41, 08304 Mataró (Barcelona) to the attention of the SELLER, by e-mail to the following e-mail address [email protected] or via the website, section "Your Account".
Dispute settlement rules:
Any order placed through the SELLER’S WEBSITE is with the customer's agreement, without limitation, to the conditions of sale of the SELLER.
These General Terms and Conditions are governed by Spanish law.
