These General Terms and Conditions of Sale (hereinafter the “Conditions of Sale”) regulate the use of the sales service offered by KIETOPARAO to users, through the Internet portal “www.kietoparao.com” (hereinafter the “Website”).
KIETO FOR KIDS S.L. has its registered office at Calle Campo Volantin 7 in Bilbao and CIF ES95952768 The contact email for users is firstname.lastname@example.org.
The use of any of the services of the Web Site, attributes to any individual the condition of user (hereinafter, “User”) and implies the full and unreserved acceptance of the Conditions of Sale, as well as all notices, regulations of use, particular conditions and instructions, made known to the User by KIETOPARAO that replace, complete and/or modify the present document, through the acceptance of the same as established by Law.
2.- DESCRIPTION OF THE SERVICE.
Through the Website, KIETOPARAO offers Users, among other services detailed in the Legal Notice, the possibility of acquiring certain products and services directly from KIETOPARAO, which implies the offer for the sale of KIETO FOR KIDS SL products and services by KIETOPARAO to Users (hereinafter, the “Sales Service”).
3.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE.
Access to and use of the Website is free of charge for Users and is regulated in the Legal Notice available at all times on the Website.
To use the Website minors must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for all acts performed by minors under their care.
OFFER OF PRODUCTS AND SERVICES
Information on products and services
The descriptions and technical data sheets of the Products and Services offered on the Website are based on the information and documentation provided by the suppliers and collaborators of KIETOPARAO who manufacture/distribute these Products.
The photographs and graphic or iconographic representations and videos relating to the Products and Services, as well as the commercial names, marks or distinctive signs of any kind contained in the Website, are intended to provide the Customer with the most complete and reliable information possible on the Products insofar as technology permits.
However, sometimes the shades, colours, finishes and/or dimensions of the Products shown in the photographs and graphic representations – due to technical limitations arising from the use of certain types of devices or monitors by Customers – may not correspond exactly to the actual characteristics of the Products. The Client acknowledges, therefore, that these photographs and representations are merely indicative and exempts KIETOPARAO from any responsibility derived from this potential inaccuracy.
KIETOPARAO makes every effort to ensure that the information available on the Website about the Products is truthful, accurate and free from typographical errors. However, KIETOPARAO cannot guarantee the full veracity, precision and accuracy of all the information available on the Website; therefore, in the event that there is any typographical error regarding the price or characteristics of the Products and the Customer has based his purchase decision on such erroneous information, KIETOPARAO will inform the Customer as soon as possible and offer the Customer the possibility of cancelling the order.
Some products and services, due to their nature, may be subject to the present Conditions of Sale as well as to particular conditions of sale. These particular conditions of sale will always be accessible to the User in the offer itself together with the description of the product.
In this sense, the User, prior to the purchase of the Product, must accept the specific conditions (including, but not limited to, compliance with any established terms and conditions, tariffs and reservations). The provisions contained in these Conditions of Sale may be modified according to the corresponding specific conditions of sale of the Product. In the event of conflict or contradiction, the particular conditions of sale shall prevail over these Conditions of Sale. Consequently, the User must read carefully, in addition to the Conditions of Sale, the particular conditions of sale, which will be understood to be accepted at the time the User proceeds to purchase the product.
Availability of products
KIETOPARAO makes every effort to ensure the full availability of the Products offered at all times through the Website and to meet all orders placed by Customers through it.
However, the availability of the Products depends on the stock of the suppliers and collaborators of KIETOPARAO. Although KIETOPARAO tries to keep permanently updated the catalogue of products available on the Web Site, sometimes the information provided by its suppliers and collaborators does not allow to offer information in real time through the Web Site.
Therefore, it may happen that, due to circumstances of force majeure, unforeseeable events or circumstances beyond the control of KIETOPARAO, the Product requested is not available after the order has been placed. In this case, KIETOPARAO will inform the Customer of the unavailability of the requested Product and will cancel the order, reimbursing the Customer the amount paid for the cancelled order through the same means of payment used by the Customer to confirm his order.
KIETOPARAO will not assume any penalty for the possible unavailability of the Products ordered by the Customer, nor will it be liable for any damages suffered by the Customer or by third parties in such circumstances.
Price of products and services
The price of the Products and Services offered through the Website includes VAT and any other applicable taxes.
However, these prices do not include the costs of managing and shipping the Products, or any other additional service that the Customer may be interested in hiring. These will be detailed throughout the purchase process or will be communicated in writing to the Client by other means and must in any case be accepted by the Client before the confirmation of the order.
KIETOPARAO reserves the right to modify at any time the prices of the Products available on the Website. In any case, the orders will be invoiced according to the prices available and in force at the time of placing the order.
5.- PURCHASE AND SALE SERVICE
If the User is interested in purchasing a product or service directly from KIETOPARAO, he/she may do so by selecting the product or service and including it in the “Basket”. Once the product or service has been added to the Basket, the Website will request a series of data in order to carry out the purchase and subsequent delivery. All the information provided by the User through the purchase form must be truthful. The User guarantees the authenticity of all data communicated as a result of the purchase of a product or service. Similarly, it will be the responsibility of the User to maintain all the information provided to KIETOPARAO permanently updated so that it responds, at all times, to the real situation of the User. In any case, the User will be solely responsible for any false or inaccurate statements made and for any damages caused to KIETOPARAO or third parties for the information provided.
KIETOPARAO informs the User that once the data has been completed and the payment method has been selected, KIETOPARAO enables a recapitulative screen where it informs of the characteristics of the order: (i) product/s and service/s, (ii) price, (iii) additional expenses, if any, (iv) delivery date, and (v) acceptance box of the conditions governing the purchase-sale -with a link to the terms and conditions that will govern the contract- and which the User must accept after reading them in order to be able to complete the purchase. After this information has been made available on the Website, the User may proceed to purchase the product(s) and services, selecting the “place order/pay” button, which will generate the delivery obligation for KIETOPARAO and the payment obligation for the User of the selected product(s) and services.
Transport, shipping and delivery of the order
The transport/shipment service of the order is subject to the particular conditions specified in the purchase process. We recommend the User to consult these conditions before finalizing the order, as acceptance of these Conditions of Sale entails acceptance of the conditions of transport service / shipping that are available in the summary of the order at the time of purchase.
In the event that, at the time of delivery of the order, the User is absent at the address specified during the purchase process or, for any other reason attributable to the User, the delivery cannot be made, KIETOPARAO reserves the right to cancel the purchase made, reimbursing the User the amount paid. In any case, the User will be responsible for the costs of returning the order that could not be delivered, being KIETOPARAO entitled to deduct these costs from the amount of the purchase to be reimbursed, through the payment system used by the User to pay the order.
In addition, in the event that the User has chosen the payment on delivery as the method of payment for the initial order and, once cancelled by KIETOPARAO, the User wishes to arrange a new delivery, KIETOPARAO reserves the right to require the User to pay in advance for the order and the delivery costs, as well as the costs of returning the initial order that could not be delivered.
Payment of the price
The payment of the price and shipping costs of products purchased through the Website may be made using any of the payment methods that KIETOPARAO makes available to Users on the Website. The payment methods available at any time will appear in the descriptive card of each product, together with the conditions established in each case for each of the available modalities.
Some of the payment methods available on the Website are offered and provided by collaborators of KIETOPARAO and are subject to the contract conditions, privacy policies and other conditions that these third parties have established for the provision of their services, the reading of which we recommend to Users before contracting and making use of the services of third party collaborators. The use of payment methods offered by third parties is voluntary and, where appropriate, will be carried out under the exclusive responsibility of the User. KIETOPARAO is not responsible for the use, by Users, of the services provided by third parties, nor for the potential consequences of their use.
If the User is registered with KIETOPARAO, he/she may consult the orders placed in his/her User profile.
The User must make the payment by credit card or debit Visa, Mastercard, American Express, Visa Electron and / or other similar cards, or through the PayPal system.
The User must notify KIETOPARAO of any undue or fraudulent charge on the card used for purchases on the Website, as soon as possible, in order for KIETOPARAO to take the steps it deems appropriate.
KIETOPARAO has the maximum security measures commercially available in the sector. Likewise, the payment process works on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the User’s computer and that of the Website. In this way, the use of the SSL protocol is guaranteed: (i) that the User is communicating his/her data to the server centre of KIETOPARAO and not to any other, and (ii) that between the User and the server centre of KIETOPARAO the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
KIETOPARAO also states that it does not have access to or store sensitive data relating to the means of payment used by the User. Only the corresponding payment processing entity has access to these data in order to manage payments and collections. Once the purchase process is completed, an electronic document is generated in which the contract is formalised.
KIETOPARAO informs that the User has 14 calendar days (i) since the User or a third party indicated by the User, other than the carrier, acquires material possession of the product, or (ii) since the contracting of the service (unless it has begun to run or has been fully run) to withdraw from the contract of sale as provided by law.
Once the period of 14 calendar days has ended, KIETOPARAO will not accept returns due to withdrawal of purchases of products.
KIETOPARAO, makes available in the following link the withdrawal form, which you can use to exercise your right of withdrawal. Likewise, the User will be able to exercise his right of withdrawal as he deems appropriate, as long as he makes an unequivocal declaration of his decision, said declaration must be sent to KIETOPARAO, to the postal or electronic address that appears at the beginning of these Conditions of Sale. The User has 14 calendar days from the manifestation of his will to cancel the contract to send the product to KIETOPARAO at the address indicated at the beginning of these Conditions of Sale.
KIETOPARAO also has 14 days from the unequivocal declaration of withdrawal to refund the purchase price. KIETOPARAO may withhold the refund until it has received the goods, or until the User has provided proof of the return of the goods.
We remind you that KIETOPARAO will carry out a review of the goods once received, after the exercise of the right of withdrawal by the User and that the User will be responsible for the decrease in value that they may have suffered due to manipulation other than that necessary to establish the nature, characteristics and functioning of the product(s). For their correct return, the products must be sent with all their components, instructions, warranty and other elements that were received with them. So that the User does not see the refund of the amount of the purchase delayed, we recommend him to contact KIETOPARAO so that it indicates the appropriate way to return each product in question.
We also remind you that the right of withdrawal shall not apply, inter alia, to contracts relating to: (a) The provision of services, once the service has been fully performed, when performance has commenced. (b) The supply of goods made according to the User’s specifications or clearly personalized. (c) The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery. (d) The supply of goods which, after delivery and taking into account their nature, have been indissociably mixed with other goods. (e) Contracts in which the consumer and user have specifically requested the businessman to visit them to carry out urgent repair or maintenance operations; if, during that visit, the businessman provides services in addition to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal shall apply to such additional services or goods. We recommend that you consult article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the Spanish Regulation for the Defence of Consumers and Users, as regards the legal exceptions to the right of withdrawal concerns.
Returning Defective Products
The User shall be entitled to reimbursement of the price, shipping costs and transport costs of returning defective products or delivered products if they do not correspond to the order placed by the User, in accordance with applicable law.
In these cases, the return of the products to KIETOPARAO may be carried out in the manner established in the previous section or by contacting KIETOPARAO in the email and contact telephone numbers that appear on the Website and in these Conditions of Sale. In the case of return of defective products, or which do not correspond to the order placed by the User, KIETOPARAO will bear the transport costs of returning the products, provided that the return is made from the same country in which the delivery took place.
In the event that the User is absent at the address specified to make the return or for any other reason attributable to the User this can not be done, he must bear the costs incurred to arrange a second return.
In any case, the defective product(s) must be returned in the same condition in which they were received and with their original packaging (except for what is necessary to check the condition of the products that make up the order), along with all components, accessories, instructions, warranty and elements that were delivered with the defective product(s). Upon receipt, KIETOPARAO will verify that the order being returned includes all the components, accessories, instructions, warranty and elements delivered to the User and, if any are missing, the User will be responsible for the shipping costs of such accessories or elements pending return.
Cancelling the Purchase Order
In the event that, due to circumstances of force majeure or any incident attributable to KIETOPARAO, the product is not available after the purchase has been made, KIETOPARAO will inform the User by email of the total or, as the case may be, partial cancellation of the order. In the event of total cancellation, the total amount of the order will be reimbursed and in the event of partial cancellation, only the price of products and services not available will be reimbursed. In the event of non-delivery of a product in orders consisting of sets of products or complementary products and services, the User may return the remaining products delivered, at no cost.
Guarantees of products and services sold by KIETOPARAO
The products and services sold by KIETOPARAO, have two (2) years of guarantee, for lack of conformity. The User must notify the KIETOPARAO of the lack of conformity of a product within two (2) months of becoming aware of it.
In addition, KIETOPARAO will manage the after-sales warranty as well as the spare parts and necessary parts, as established by law.
6.- EXCLUSION OF GUARANTEES AND LIABILITY.
Without prejudice to the provisions of applicable law, the liability of KIETOPARAO in relation to products and services purchased through the Website shall be limited to the purchase price of such products and services.
Functioning of the Website.
KIETOPARAO does not guarantee the availability and continuity of the Website. Whenever reasonably possible, KIETOPARAO will give prior notice of interruptions and, where appropriate, termination of the operation of the Website. Neither does KIETOPARAO guarantee the usefulness of the Web Site for the performance of any specific activity, except for the Services offered, nor its infallibility.
KIETOPARAO excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity in the operation of the Service, or the disappointment of the usefulness that Users may have attributed to it, to its fallibility, and in particular, but not exclusively, to failures in access to the various web pages of the portal or to those from which the Service is provided.
KIETOPARAO does not guarantee the absence of viruses or other elements in the contents that may produce alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.
KIETOPARAO excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the presence of viruses or the presence of other elements in the contents that may cause alterations in the computer system, electronic documents or files of Users.
KIETOPARAO assumes no liability whatsoever arising from the use that Users may make of the materials on the Website (whether or not inserted by KIETOPARAO) or linked websites, whether prohibited or permitted, in breach of the intellectual and/or industrial property rights of the contents of the website or of third parties.
KIETOPARAO does not assume any responsibility derived from the eventual damages caused to the Users as a consequence of a normal or abnormal operation of the search tools, of the organization or location of the contents and/or access to the Web Site and, in general, of the errors or problems that are generated in the development or instrumentation of the technical elements that the Web Site or a program facilitates to the User.
KIETOPARAO does not assume any responsibility derived from the acts or omissions of third parties, regardless of the fact that these third parties may be linked to KIETOPARAO by means of a contract.
KIETOPARAO does not assume any responsibility derived from the access of minors to the contents included in the Web Site, being the responsibility of their parents or tutors to exercise an adequate control over the activity of their children or minors or to install any of the control tools for the use of the Internet in order to avoid the access to materials or contents not suitable for minors, as well as the sending of personal data without the previous authorization of their parents or tutors.
KIETOPARAO does not assume any responsibility derived from the errors or delays in the access to the Web Site on the part of the User at the time of introducing their data in the registration form, the slowness or impossibility of reception on the part of the addressees of the confirmation of the order or any anomaly that can arise when these incidences are due to problems in the Internet network, causes of fortuitous case or force majeure and any other unforeseeable contingency foreign to the good faith of KIETOPARAO.
KIETOPARAO does not assume any responsibility derived from failures or incidences that could take place in the communications, erased or incomplete transmissions, so that it is not guaranteed that the Web Site is constantly operative.
KIETOPARAO does not assume any responsibility derived from the errors or damages produced to the Web Site by an inefficient use and of bad faith on the part of the User.
KIETOPARAO does not assume any responsibility derived from the operability or problems in the email address provided by the User for sending the confirmation of the order.
KIETOPARAO undertakes to solve any problems that may arise and to offer all the necessary support to the User in order to reach a quick and satisfactory solution to any incidents that may arise on the Web Site.
Likewise, KIETOPARAO has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service.
KIETOPARAO reserves the right, always in compliance with the applicable regulations, to modify the conditions of application of the promotions, to extend them by giving due notice, or to exclude any of the participants from the promotion in the event of detecting any anomaly, abuse or unethical behaviour in their participation (such as, for example, mass purchases, commercial activities, fraudulent activity, among others).
7.- WITHDRAWAL AND SUSPENSION OF SERVICES.
KIETOPARAO, may withdraw a User’s access to the Web Site and the Services offered therein, if it observes or if it has justified suspicions that the User carries out through the Web Site or the Services, any conduct, unfair, contrary to the Law or to these Conditions of Use or that has an unfair effect, contrary to the Law or to these Conditions of Use.
8.- APPLICABLE LAW
The parties submit to the Spanish legislation.
Both parties agree to submit to the non-exclusive jurisdiction of the courts of the town of Bilbao (Spain), which means that you may claim your rights as a consumer in relation to these Conditions of Sale both in Spain and in your Member State of residence of the European Union, provided that you are considered a “consumer” in accordance with the provisions of Directive 1999/44/EC of the European Parliament and of the Council.
In order to use the Services made available to the User on the Web Site, interested Users must first provide KIETOPARAO with certain personal data (hereinafter, the “Personal Data”) in an express and informed manner.
Data of the data controller:
Identity: KIETO FOR KIDS SL – NIF: B97972768
Postal address: CAMPO VOLANTIN 7 4ºB
Phone: 686580311 – E-mail: email@example.com
“In KIETO FOR KIDS SL we treat the information you give us in order to lend you the requested service and perform your billing. The data provided will be retained
for as long as the business relationship is maintained or for as long as it is necessary to comply with legal obligations and to attend to possible responsibilities that
could derive from the fulfilment of the purpose for which the data were provided.
The data will not be transferred to third parties except in cases where there is a legal obligation. You have the right to obtain information about whether KIETO FOR
KIDS SL we are treating your personal data, so you can exercise your rights access, rectification, deletion and portability of data and opposition and limitation to its use, treatment before KIETO FOR KIDS SL, CAMPO VOLANTIN 7 4ºB or at the address of e-mail firstname.lastname@example.org, attaching a copy of your DNI or document
equivalent. Also, and especially if you consider that you have not obtained satisfaction in the exercise of his rights, he may lodge a complaint with the Commission.
national control authority by writing to the Agencia Española de Data Protection, C/ Jorge Juan, 6 – 28001 Madrid.
We also request your authorization to offer you products and services. related to the contracted ones and fidelize him as a client.”
Content: KIETOPARAO may send promotional communications related to any product or service available on the Website (these products or services are products and services of third parties) and on the websites of companies collaborating with KIETOPARAO, related to the development and marketing of decorative items.
Media: KIETOPARAO will send such communications by any means (i.e. postal, telephone, email or any other electronic means).
Opt-out: In relation to promotional communications by electronic means, KIETOPARAO will inform in each of them, how to unsubscribe in a simple way and without any cost (excepting the cost that may result from the transmission of the request to unsubscribe). KIETOPARAO will deal with this cancellation request as soon as possible and, in any case, within the established legal period. However, in spite of causing the sending of advertising communications to be cancelled, it is possible that the owner of the data may receive messages with other purposes (such as, for example, messages referring to the state of any purchase made on the Web Site).
The Personal Data owned by KIETOPARAO will be treated with the utmost confidentiality adopting the appropriate security levels in accordance with current legislation on the protection of personal data, keeping the appropriate security measures both technical and organizational to prevent alteration, loss, treatment or unauthorized access, given the state of technology, in compliance with its obligation of secrecy, which guarantee the confidentiality of them.
KIETOPARAO presumes that the data have been introduced by its owner or by a person authorized by him, as well as that they are correct and exact. The User who provides personal information is responsible for the veracity of the data provided. If you provide personal data of a third party must, prior to their inclusion, have informed and requested consent of the extremes set out in these conditions.
The sending of personal data, by means of the use of the electronic forms contained in the Web Site or, where appropriate, e-mail messages, supposes the express consent of the sender to the automated treatment of the data included in the indicated means of communication, services and products related to the purposes of the Web Site, previously described.
EXERCISE OF THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OPPOSITION
Users are responsible for updating their own data. At any time, the User or the Professional will have the right of access, rectification, cancellation and opposition to all their personal data. In order to exercise this faculty, the User or the Professional must send a letter or an e-mail to KIETOPARAO at the address specified at the beginning of this section or to the e-mail email@example.com proving their identity in a sufficient manner. KIETOPARAO will deal with your request in accordance with the provisions of the regulation of personal data.
We request that in the event of any change in your personal data, please let us know in order to keep updated the mimes.
In accordance with the foregoing, KIETOPARAO has adopted the legally required personal data protection security levels and endeavours to install other additional means and technical protection measures. However, the User must be aware that Internet security measures are not impregnable.
What are Cookies and how does KIETOPARAO use them?
– Ensure that the Website can function properly;
– Store your preferences, such as the language you have selected or the font size.
– Know your browsing experience.
– Collect anonymous statistical information, such as what pages you have viewed or how long you have been in our media.
Cookies are only associated with an anonymous user and their computer/device and do not provide references that allow us to know personal data. At any time you will be able to access the configuration of your browser to modify and/or block the installation of the Cookies sent by our Website without this preventing access to the contents. However, the quality of the functioning of the Services may be affected.
Users who complete the registration process or have logged in with their access data will be able to access personalized services adapted to their preferences according to the personal information provided at the time of registration and stored in the Cookie of your browser.
Why are they important?
From a technical point of view, they allow the Websites to function in a more agile way and adapted to the preferences of the Users, such as storing the language, the currency of the country or detecting the access device. They establish levels of protection and security that prevent or hinder cyber attacks against the Web Site or its Users. They allow media managers to know statistical data collected in Cookies to improve the quality and experience of their Services. They serve to optimize the publicity that we show to the Users, offering the one that more adjusts to their interests. If you interact with the content of our Website may also set third party Cookies (for example, by pressing social networking buttons or viewing videos hosted on another website), which are those established by a domain other than our Website. We cannot access the data stored in the Cookies of other websites when you browse those websites.
Navigating this website means that the following types of Cookies can be installed:
Some services may use connectors with various social networks: Facebook, Twitter, Google+, Linkedin, etc. By using the social register, you authorise the social network to store a persistent Cookie. This Cookie remembers your identification in the service, making access much faster in subsequent visits. This Cookie can be removed, and in addition, you can override the access permissions of KIETOPARAO services from the privacy settings of the specific social network.
How can I configure my Cookies?
Below are the links to the main browsers and devices for you to have all the information to see how to manage cookies in your browser.
– Internet ExplorerTM: https://support.microsoft.com/es-es/help/17442
– SafariTM: https://support.apple.com/es-es/HT201265
– GoogleTM: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en
– FirefoxTM: https://support.mozilla.org/es/kb/cookies-informacion-que-los-sitios-web-guardan-en-?redirectlocale=en-US&redirectslug=Cookies
– OperaTM: https://help.opera.com/en/latest/web-preferences/#cookies
– Android: http://support.google.com/android/?hl=en
For additional information on how to set detailed Cookies by vendor or manage your preferences, visit Your Online Choices portal.