Terms and conditions of purchase
To process an order in the online store https://shop.movistarkoi.gg/es/ , acceptance of the following terms and conditions is essential:
1. IDENTIFICATION.
The General Contracting Conditions included in this document are applicable to all commercial transactions carried out through the website https://shop.movistarkoi.gg/es/ whose operator is KAPPA SPORT IBERIA, SL , with CIF B85565695 and with registered office at Vía de las Dos Castillas, 9 A, local 3 lateral, 28224 Pozuelo de Alarcón Madrid.
For the purposes of this document, the contact email address is the purchase form on the website.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY.
The rights relating to industrial and intellectual property (including but not limited to: trademarks, logos, texts, photographs, icons, images, as well as the graphic design, source code and other software elements contained on the page https://shop.movistarkoi.gg/es/ are the property of MAD LIONS, KAPPA SPORT IBERIA, SL or the representative companies and manufacturers of the products offered. Therefore, they are subject to intellectual and industrial property rights protected by Spanish and international legislation.
Without the prior written authorization of KAPPA SPORT IBERIA, SL as the operator of this website or, where applicable, the representative or manufacturer of the product holding the rights, the use, reproduction, transmission, manipulation, or any use that exceeds normal and necessary use for visiting the website and using the services offered is prohibited.
Access to the products supplied does not imply on the part of KAPPA SPORT IBERIA, SL any waiver, transfer or assignment, in whole or in part, of the rights derived from intellectual and industrial property, nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or public communication over these contents without the prior and express written authorization of the respective holders of said rights, without prejudice to the right to view and obtain a private backup copy of such contents, provided that said right is exercised according to the principles of good faith and provided that the intellectual and industrial property of the holder of such rights remains unaltered, is used for non-commercial purposes and is exclusively for the personal information of the user.
The user shall be solely responsible for the use of materials protected by intellectual and industrial property rights contained on this page.
3. OBJECT AND ACTIVITY.
KAPPA SPORT IBERIA, SL through its website https://shop.movistarkoi.gg/es/ is dedicated to the sale and distribution of sporting goods and textiles and footwear in general.
4. UPDATE OF THE WEBSITE REGARDING HIRING.
KAPPA SPORT IBERIA, SL reserves the right to make changes and updates to the products, prices, promotions and other conditions contained in https://shop.movistarkoi.gg/es/ .
KAPPA SPORT IBERIA, SL, within its means, ensures that the information offered on the website is accurate and free of typographical errors. In the event of any typographical errors beyond the control of KAPPA SPORT IBERIA, SL, they will be immediately corrected. Should a customer decide to make a purchase based on such an error, KAPPA SPORT IBERIA, SL will immediately inform them of the error. Both parties may cancel the purchase free of charge, provided the error is justified.
5. LANGUAGE AND CONTRACT DURATION. MINIMUM CONTRACT AGE
Regardless of any possible translations of this section of these general terms and conditions of sale, the official language of the contract will always be the Spanish version.
By contract term, we mean all phases between the initial order request and the actual delivery of the ordered products by KAPPA SPORT IBERIA, SL and the full payment of the agreed price by the customer.
According to Article 1263 of the Civil Code, unemancipated minors and incapacitated persons cannot enter into distance sales contracts without the express consent of their parents or guardians.
By accepting these general terms and conditions of sale, the Customer declares that he or she is of legal age under the law of his or her country (at least 18 years old in Spain) and has the legal capacity to acquire the services and/or products offered through https://shop.movistarkoi.gg/es/ and that he or she fully understands and comprehends the general terms and conditions.
6. LEGAL WARRANTY AND AFTER-SALES SERVICE.
As a consumer, the customer of our online store has, in addition to the rights described here, all legal rights under Spanish and European legislation regarding the sale of consumer goods. We inform you that these legal rights cannot be affected by these "General Terms and Conditions."
In the case of defective products, we inform you that, in accordance with current regulations, KAPPA SPORT IBERIA, SL must proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, all of which will be free of charge for you. KAPPA SPORT IBERIA, SL is liable for any lack of conformity that becomes apparent within a period of THREE (3) years from delivery.
In this regard, it is understood that there is a lack of conformity when:
· The product does not conform to the description provided by the seller and does not possess the qualities that the seller presented to the consumer and user in the form of a sample.
· The product is not suitable for the uses for which products of the same type are normally intended.
· The product is not suitable for any special use required by the consumer and user and has been brought to the attention of the seller, who has admitted that the product is suitable for that specific use.
· The product does not offer the quality and performance expected of a product of the same type, which the consumer and user can reasonably expect from the nature of the product and its characteristics as reported in the advertising and on its labeling.
Unless proven otherwise, any lack of conformity that becomes apparent within TWO (2) years of delivery of the product shall be presumed to have already existed at the time of delivery. The consumer and end user must inform the seller of the lack of conformity as soon as possible from the moment of detection. Failure to comply with this deadline shall not entail the loss of the right to the corresponding remedy; however, the consumer shall be liable for any damages actually caused by the delay in communication and due to the continued use of the good by the consumer once the lack of conformity has been detected.
7. ACCURACY OF PRODUCT DESCRIPTION
Although we are committed to optimizing the accuracy of any information regarding the features, qualities, images, etc. of our items published in this online store, our company does not expressly guarantee the complete accuracy, reliability, or exclusivity of said information, which may sometimes be altered by differences in the configuration of the various types of browsers used to access our online store.
In any case, if the customer believes that the purchased product does not exactly match the item shown in our online store catalog, they may return it according to the terms and conditions described here (see the "Returns and Cancellations" section) without being able to claim any other damages.
8. HOW TO BUY.
Item selection/view of their characteristics >> Selection process of desired items/basket review >> Appearance of units and prices of selected items >> Basket acceptance/payment method selection/shipping >> Acceptance of general purchase conditions >> Payment.
You can find information about our products on our website by accessing our online store using the "online store" icon located on the homepage of our website.
Once inside our online store, you can learn about our products, their features, packaging, and prices by accessing the various product categories listed in the menu at https://shop.movistarkoi.gg/es/ . To select the desired product, access its product information by clicking on its price. Once inside the product information, you can learn about the product's features and select the size and quantity. The total price of the selected item(s) will then appear, and you can add it to your shopping cart using the "Add to my cart" option located below the item.
Once you've completed this selection, in the next step, "Products in Your Cart," you can review the status of your cart (selected product, desired units, unit price, taxes to add, subtotal, and total purchases) and/or modify its contents, as well as "continue shopping."
When you consider the selection process complete, continue to the next step, “Complete Purchase,” by completing the required fields marked.
If the customer has previously registered on our portal, they can access the final phase of their purchase request using their username and password. In this case, our application will automatically retrieve all previously registered data necessary to process the order. Unregistered customers must select the "This is my first purchase" option and complete all the necessary information to process their order. During this same phase, the user can enter a username and password to use for future purchases as a registered user.
In the next phase of "E-Commerce," the customer can review all their identification and shipping information, as well as the details of their purchase. For a proper purchasing process, they must complete the "Payment Method" field and confirm that they understand and accept the "General Terms and Conditions," as well as the company's "Shipping" and "Returns" policies.
I understand and accept the 'General Terms and Conditions of Contract' as well as the company's policy on 'Shipping' and 'Returns '.
In the final section of 'E-Commerce - Order Summary, ' check that all purchase information and other terms are correct and complete the purchase by making the payment using the selected method. You will receive an order confirmation notice.
9. PAYMENT METHODS.
Payment is accepted by credit card or through the PAY PAL platform.
Please see https://www.paypal.com/es/cgi-bin/webscr?cmd=xpt/Marketing/general/NewConsumerWorks-outside for the secure communication of your information.
The party responsible for any transaction with payment cards through this payment gateway is KAPPA SPORT IBERIA, SL
10. SECURITY OF TRANSACTIONS.
https://shop.movistarkoi.gg/es/ uses industry-accepted information security techniques, such as firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider may obtain data for the purpose of authenticating access controls.
Any hiring process or process that involves entering personal data (health, ideology, etc.) will always be transmitted using a secure communication protocol (HTTPS://) so that no third party has access to the information transmitted electronically.
11. SHIPPING AND DELIVERY
KAPPA SPORT IBERIA, SL undertakes to deliver the goods purchased by the User to the address indicated by the User for this purpose on the order form. In the event of omission or error in completing such information, KAPPA SPORT IBERIA, SL shall not be liable for any inconvenience caused, and the resulting redelivery costs shall be borne by the User. Under no circumstances will shipments be made to PO boxes or call centers.
Shipments will be made both within Spain and outside of Spain via a courier company (Rapid Express). KAPPA SPORT IBERIA, SL reserves the right to change the type of shipment and the company used to ship it, regardless of what is stated on these pages and provided that this does not cause obvious harm to the User.
The order placed by the User will be delivered to the destination within a period of five (5) business days (except periods of high demand such as Christmas or summer with the launch of new products) for peninsular destinations and fourteen (14) calendar days for the rest of the destinations, from the payment of the purchase;
We are responsible for the items until we receive the shipment from the customer, except in the case where the customer expressly chooses a shipping method other than that proposed by KAPPA SPORT IBERIA, SL, in which case our responsibility would end at the time we collect the shipment from our warehouse.
In the event that reasons of force majeure prevent delivery of the order within the established period, KAPPA SPORT IBERIA, SL undertakes to inform the User as soon as possible of the new expected delivery date, with KAPPA SPORT IBERIA, SL, in this case, being released from the commitment indicated in the previous section.
If the courier company is unable to deliver the shipment because no one is available to accept it at the specified destination, the courier company will provide instructions to the User to arrange a new delivery date.
Upon receipt, the User must verify that the order matches the quantity and product type requested. If there is any discrepancy, the user must follow the instructions in sections 7. "ACCURACY OF PRODUCT DESCRIPTION" and 12. "RETURNS AND CANCELLATIONS" of these Terms and Conditions.
For the purposes of our General Conditions of Sale, "delivery" of the product will be deemed to have taken place at the moment in which you or a third party indicated by you acquire physical possession of the products, which will be evidenced by signing the receipt of the order at the agreed delivery address.
Depending on the delivery method selected by the customer, shipping costs will always be added to the final purchase price. However, the customer will always be informed of the associated shipping costs before confirming their order. Acceptance of the "General Terms and Conditions of Sale" always implies acceptance of the shipping costs.
For orders over 99.00 euros to Spain (excluding the Canary Islands, Ceuta, and Melilla), shipping costs will not be charged.
Customized products will take longer to process.
Carrier: RapidExpress more information at https://www.rapidexpress.es
National Shipping:
PAQ24:
Peninsula including Portugal = €5.95
Balearic Islands = €7.95
Ceuta and Melilla = €19.95
Andorra = €19.95
Canary Islands = €19.95
Shipping will not be charged for orders over €99 (only for orders shipped to the Peninsula and the Balearic Islands). This applies to orders subject to special offers.
International Shipping:
Zone 1: €15 - free shipping on orders over €99
Germany, Austria, Belgium, France, Denmark, Slovakia, Slovenia, Netherlands, Hungary, Ireland, Italy, Luxembourg, Poland, United Kingdom, Czech Republic
Zone 2: €25
Bulgaria, Croatia, Finland, Greece, Romania, Switzerland, Sweden
Rest of the world: €35
CUSTOMS AND TAXES
Orders to Ceuta, Melilla, the Canary Islands, and countries outside the European Union may be subject to customs fees and other taxes over which Kappa Sport Iberia has no control and for which Kappa Sport Iberia is not responsible. Such payment will always be the responsibility of the recipient of the goods or the buyer. Before making your purchase, we recommend consulting your customs office for more detailed information.
In the event that an incorrect or defective product is shipped to any of these destinations, Kappa Sport Iberia reserves the right to resolve the issue by refunding the item. Kappa Sport Iberia is not obligated to reship the item.
12. RETURNS AND CANCELLATIONS.
Right of Withdrawal
We inform you that, in accordance with current regulations on distance purchases, you have a period of 14 calendar days, counting from the date of delivery, to return them if for any reason you are not satisfied with your order (According to art. 68-79 of 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).
To exercise your right to withdraw from the purchase, all returned products must be in perfect condition and protected in their original packaging, or, failing that, in packaging that offers the same or greater protection for the product. Otherwise, KAPPA SPORT IBERIA, SL reserves the right to reject the return or charge the customer for damages due to defective protection of the product during shipment to our warehouse.
In any case, the customer will be responsible for any decrease in value of the returned goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of said goods.
We inform you that the customer's right to withdraw from a purchase includes all personalized items, goods that are likely to deteriorate or expire quickly, sealed goods that are not suitable for return due to health or hygiene reasons, and goods that have been unsealed after delivery, as well as any other circumstances contemplated in current regulations.
To exercise your right of withdrawal, you can contact us using the contact information in the "Purchase Cancellation" section below. Alternatively, if you wish, you can exercise your right of withdrawal by sending us an email using the purchase form on the website, with the following content:
Attention (Supplier Name):
……………………………………………………………………………………….
Name of consumer(s ):…………………………………………………………………….
Order No.: ……………………………………………….
Order receipt date: …………………… of ………. of 20….
Consumer Address:…………………………………………………………………
Consumer Tel. (optional):………………………Consumer Email (optional):…………………
Postal Code: …………………….., City:………………………………………………………., Province:……………………
In ……………………………………………., on ………………. of ……………………..of 20…..:
Signature (only if submitted on paper):
We inform you that in the event that you exercise your right of withdrawal, the return shipping costs will be at your expense, although in no case could these costs be different from the shipping costs of the initial order.
Refund
The refund period is 14 calendar days from the date of notification of withdrawal, although the refund will not be issued until the items have been received and it has been verified that the user has not performed any manipulation other than that necessary to establish the nature, characteristics, and functioning of the items.
Refunds will be made through the same payment method used to make the purchase and as soon as possible after receipt and approval of the withdrawal request by KAPPA SPORT IBERIA, SL
If payment was made by bank card, the refund will be issued to the same card.
Cancellation of Purchases.
The user may cancel the purchase process as long as it has not been fully processed. To ensure this cancellation, it is advisable to contact KAPPA SPORT IBERIA, SL immediately by email using the form on the website .
13. DATA PROTECTION
In compliance with current regulations on Personal Data Protection, we inform you that your personal data will be processed by KAPPA SPORT IBERIA, SL, as the data controller, for the purposes of administrative, commercial, and fiscal management of orders placed through our online store, as well as commercial actions arising from customer service.
We inform you that, in compliance with current regulations, your data will be shared with courier companies and other transportation companies that will perform home delivery services on our behalf. Our company will take all necessary measures to ensure compliance with current data protection regulations regarding our customers' data by our suppliers.
We also inform you that, unless legally required or with your express consent, KAPPA SPORT IBERIA, SL will not share your data with third parties other than those identified here, if applicable.
You have the right to obtain confirmation as to whether KAPPA SPORT IBERIA, SL is processing your personal data. You also have the right to access your personal data, rectify inaccurate data, or request its deletion when it is no longer necessary. You can also exercise other rights provided for by law in the manner explained in the additional information. You may exercise these rights under the terms established in current regulations by contacting KAPPA SPORT IBERIA, SL, Vía de las Dos Castillas, 9 A, local 3 lateral, 28224 Pozuelo de Alarcón, Madrid, tel. +34 954 62 17 58.
Likewise, you can request additional detailed information about our policy using the same contact information.
Legal scope of use of customer email addresses.
Customers, by registering and purchasing our products, will receive promotions and newsletters with new products by email. This service is subject to the provisions of Article 21.2 of Law 34/2002 on Information Society Services and Electronic Commerce, as amended by Law 32/2003, of November 3, General Telecommunications Law, which authorizes the sending of commercial communications by electronic means when there is a prior contractual relationship and when advertising products or services similar to those contracted. However, all commercial communications sent by KAPPA SPORT IBERIA, SL will be clearly identifiable as such through the reference "advertising" at the beginning of the message body and will identify KAPPA SPORT IBERIA, SL as the entity responsible for the sending. Each message will provide a simple and free means for the recipient to unsubscribe from the commercial communications system by email. You can also send us an email using the form on the website to request that we remove you from our commercial information distribution lists.
14. NULLITY AND INEFFECTIVENESS OF THE CLAUSES
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part thereof that is null or ineffective, with these General Conditions remaining in force in all other respects and such provision being considered totally or partially as not included.
15. APPLICABLE LEGISLATION.
Commercial transactions carried out with https://shop.movistarkoi.gg/es/ are subject to Spanish law.
Commercial transactions carried out with KAPPA SPORT IBERIA, SL are subject to Spanish law.
Applicable laws to the subject:
· Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
· Law 7/2017, of November 2, incorporating into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of May 21, 2013, on alternative dispute resolution for consumer disputes.
· Law 34/2002, of July 11, on Information Society Services and Electronic Commerce and Law 32/2003, of November 3, on General Telecommunications.
· Law 7/96, of January 15, on the Regulation of Retail Trade (LO 2/1996, of January 15, Complementary to the Regulation of Retail Trade, Law 47/2002, of December 19, reforming Law 7/1996 and Law 1/2010, of March 1, reforming Law 7/1996)
· Law 7/1998 on General Conditions of Contract.
· General Regulation EU 2016/679 on the Protection of Personal Data and the Free Movement of Data.
· Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantees of Digital Rights.
· Any legal provisions that may apply.
In the event of a conflict or disagreement regarding the interpretation or application of these General Contracting Conditions, the Courts or Tribunals that will hear the matter will be those established by the applicable regulations regarding jurisdiction. However, the consumer is informed that, in accordance with Article 52.3 ("Territorial Jurisdiction in Special Cases") of Law 1/2000, of January 7, on Civil Procedure, when the rules of territorial jurisdiction regarding general jurisdiction and special cases are not applicable to disputes arising from the exercise of individual actions by consumers or users, the competent court, at the consumer's or user's choice, will be the court of their domicile or the corresponding court in accordance with Articles 50 and 51 of the aforementioned Law.
If the buyer resides outside of Spain, both parties shall be subject to the jurisdiction of the Courts and Tribunals of Madrid, Spain.
16. BUSINESS OBLIGATION TO PROVIDE INFORMATION ON ACCREDITED ENTITIES FOR ALTERNATIVE DISPUTE RESOLUTION IN CONSUMER MATTERS (Article 40, Law 7/2017, of November 2)
Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform that can be used in any case of disagreement, conflict, etc. between consumers and our business. Access to this online dispute resolution platform is available at the following link: http://ec.europa.eu/consumers/odr/.
The online dispute resolution platform can only be used by consumers residing in the EU. For more information about the process, please visit the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
17. PROMOTIONS AND DISCOUNTS
Promotions will be applied according to their conditions.