SALES GENERAL TERMS AND CONDITIONS
1.- CONTRACTUAL PARTIES
1.1. The sale of articles through this website is carried out under the name “KAI COSMETIKS” by ELISABET MATAS MARTÍNEZ (hereinafter referred to as “KAI” or “We”) with registered office at Carrer Nou, 8, 3º – 2ª, 17001, Girona, Spain, and e-mail address aloha@kaicosmetiks.com.
1.2. The purchaser of the Products is the person who purchases and pays for the Products from KAI (hereinafter referred to as “CUSTOMER” or “You”).
2.- SALES TERMS AND CONDITIONS
2.1. The present Agreement regulates the commercial relationship between the CUSTOMER and KAI with regard to the acquisition of products that the customer is interested in making. These conditions regulate and are applicable to all sales made from the website www.kaicosmetiks.com (hereinafter “the Website”) or through the websites where KAI markets its products.
2.2. The CUSTOMER’s use of KAI’s purchasing services implies, in all cases, consultation and express acceptance of theses General Terms of Sale, in full and without any reservations, according the published version at the time when the transaction is made. Consequently, it is recommended that the CUSTOMER read these Conditions carefully before making any purchase.
2.3. The CUSTOMER declares that he/she is over 18 years of age and has the legal capacity to be bound to these General Conditions.
2.4. KAI reserves the right to update, change or delete the commercial offer contained on the website without notice and at any time, with any modification which may affect prices, promotions, products and commercial offers. These modifications will not affect contracts that have already been done, which are understood to be those that have been confirmed by KAI.
3.- OUR PRODUCTS
3.1. KAI is a company dedicated to the sale of cosmetic and parapharmaceutical products whose main characteristic is the inspiration from tropical fruits and others (hereinafter referred to as “the Products”).
4.- PRICE AND PAYMENT
4.1. The prices shown on this website include VAT and shipping costs. With regard to international shipments, shipping prices may be subject to variations, which will be reported to the customer.
4.2. Product prices may be subject to change, but any changes will not affect orders regarding to those that we have already sent you an Order Confirmation.
4.3. In accordance with Law 37/1992 on Value Added Tax, the delivery of the Products shall be understood to be located in Spanish territory if this delivery takes place in Spanish territory except for the Canary Islands. The applicable VAT rate will be that legally in force at any given time depending on the specific Product concerned.
4.4. Deliveries of orders destined for Canary Islands shall be exempt from VAT, without detriment to the relevant taxes and duties being levied under the regulations in effect in each of these territories.
4.5. The Website is not a member of any entity collaborating with the Tax Free Service. However, all travellers resident in non-EU countries who make purchases through the Website are entitled to a refund of the appropriate amount of VAT.
4.6. The CUSTOMER expressly enables KAI to issue the invoice in an electronic format.
5.- PROMOTIONS AND COUPONS.
5.1. The Products to which a specific promotion applies are those which are specifically detailed on the Website.
5.2. All promotions and coupons have a given expiration date, as indicated in the promotion itself.
5.3. Promotions consisting of discount coupons will always be applied only and exclusively to the value of the product, not to the additional costs or expenses.
5.4. KAI reserves the right to cancel any promotions to users who misuse the promotion, or who purchase many units of the promotion under different identities.
6.- PAYMENT.
6.1. Once you have selected all the Products you wish to purchase, they will have been added to your cart and the next step will be to process your order and make the payment. In order to do this, you must follow the steps of the purchase process, filling and checking the requested information at each step.
6.2. Likewise, throughout the purchase process and before making the payment, you will be able to modify de details of your order.
6.3. To pay for their order, the Customer may use the following bank cards: Visa and MasterCard. When paying by credit / debit card, the order will be processed as soon as the payment has been authorised by your financial institution.
6.4. By clicking not the “Pay” button you confirm that the credit card is yours or that you are authorised to use it. However, if any irregularities or frauds are detected by the security department, Kai reserves the right to cancel the transaction for security reasons.
6.5. Online payment by credit / debit card is made through the “Secure Socket Layer”, which encrypts your bank details when transmitted over internet. Credit cards will be subject to validation checks and authorisation by your card issuer but if your card issuer fails to authorise the payment to us, we will not be liable for any delay or non-delivery and we may not be able to form a contract with you.
6.6. Kay assumes no liability for purchases made on the Web in which there has been any criminal act against the holder of the means of payment, and the holder exempts KAI from any liability with respect to the use that the holder of the means of payment may have done.
6.7. KAI assumes no liability for any fees or financial charges that the issuer of the means of payment may reverberate to its holder.
6.8. The Products will not be dispatched until the Purchase order is fully paid, including the price of the Products and all costs associated with the transaction.
7.- DELIVERY
7.1. The products will be delivered to the address provided by the Customer on working days and during office hours.
7.2. The delivery time referred to on the website is merely indicative, as it depends on the availability of the product. However, KAI will take the appropriate measures to ensure that the delivery times are respected and occur within the indicated period.
7.3. All the products acquired will be shipped via a transport company contracted by KAI COSMETIKS. Deliveries in Spain and Portugal, with the exception of Ceuta and Melilla:
– Orders will be delivered within a maximum of 10 days as from the day on which KAI COSMETIKS receives the validation of the order and the receipt of the payment confirmation, which must be
received before 2pm on working days.
– In case of receiving the validation of the order and the payment confirmation after 2pm on working days, or on public holidays, the delivery time will be delayed until the next available working day.
– Public holidays will not be counted for the fulfilment of agreed delivery times and no deliveries will be made.
– Delivery will be made to the address provided by the Customer during the purchase process.
– Delivery is considered to have taken place from the moment the Product has been made available at the place of delivery indicated by the Customer.
– If for any reason KAI COSMETIKS is unable to meet the delivery date, the Customer will be informed of this circumstance and will be given the option of proceeding with the purchase by giving a new delivery date or withdraw the order and receive a full refund.
Deliveries in other countries:
– Orders will be delivered within a maximum of 10 days as from the day on which the Company receives the validation of the order and the receipt of the payment confirmation, which must be received before 2pm on working days.
– In case of receiving the validation of the order and the payment confirmation after 2pm on working days, or on public holidays, the delivery time will be delayed until the next available working day.
– Public holidays will not be counted for the fulfilment of agreed delivery times and no deliveries will be made.
– Delivery will be made to the address provided by the Customer during the purchase process.
– Delivery is considered to have taken place from the moment the Product has been made available at the place of delivery indicated by the Customer.
– If for any reason the Company is unable to meet the delivery date, the Customer will be informed of this circumstance and will be given the option of proceeding with the purchase by giving a new delivery date or withdraw the order and receive a full refund.
7.4. The risk of loss or deterioration of the Products purchased shall pass to the CUSTOMER upon delivery of the Products and their material possession.
8. RIGHT OF WITHDRAWAL AND RETURN POLICY
8.1. As a consumer, you have 14 days’ right of withdrawal of the present contract without any justification.
8.2. The withdrawal period shall expire 14 calendar days from the day on which you or a third party designed by you, other than the carrier, received the Products; or in the event that the products in your order are delivered separately, 14 calendar days from the day on which you or a third party designated by you, other than the carrier, acquired material possession of the last of those Products.
8.3. You may exercise your right of withdrawal in the easiest way for you through a clear statement (for example, using the attached form or by sending and e-mail) where you notify us your decision to withdraw from the purchase to the address or e-mail address indicated in point 1 of these Conditions.
8.4. In order to respect the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the end of the period specified above.
KAI will notify you the receipt of your notice of withdrawal without delay.
8.5. In the event of withdrawal, we will refund all payments paid by you, including the cost of delivery unless You have chosen a type of delivery other than the least expensive type of standard delivery offered by us, in which case such costs will not be included. When you exercises your right of withdrawal from an international or European Union territory,
we shall not be obliged to reimburse the cost of shipment. In any event, we will refund you within 14 calendar days of the date on which we are informed of your decision to withdraw from this contract.
8.6. We will proceed to do such reimbursement using the same means of payment used by you for the initial transaction, unless you have specifically agreed otherwise and
provided that no charge is incurred as a result of the reimbursement. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the Products and verified their condition.
8.7. You must return or deliver to us directly or by messenger / courier the Products you wish to return, to the address indicated in clause 1.
8.8. To do so, please contact us via our contact form or via e-mail*.
8.9. Please be careful with the Products while they are in your possession, it is important that you return the Products including the original KAI packaging, instructions and any accompanying documents. The use of the purchased products, beyond the mere opening and, as long as they are not customised sealed products, may make it impossible for KAI
to accept the cancellation of the purchase. Therefore, in order to return the goods, it is important that you follow the instructions that will be indicated in the right of withdrawal email.
8.10. You shall bear the direct cost of returning the Products for which you have exercised the right of withdrawal.
8.11. You are liable for any diminished value of the Products resulting from the handling other than what is necessary for ascertaining their nature and characteristics.
8.12. Please note that KAI may withhold the reimbursement until having received the Products, or until you have supplied evidence of having sent back the goods, whichever
is the earliest.
8.13. Your right of withdrawal may be affected in the event of having been submitted after the deadline or if one or more Products ordered in respect of which the right of withdrawal
has been exercised have not been returned, among other cases that may arise.
8.14. KAI will therefore inform you whether you are entitled to a refund of the amounts paid in the corresponding assumptions and after appropriate verifications in accordance with the Consolidated Test of the General Law for the Protection of Consumers and Users.
8.15. You will not have the right to withdraw from the contract whose object is to supply of any of the customised Products o those Products sealed for reasons of hygiene and health that have been sealed after delivery.
9.- GUARANTEES
9.1. If you contract as a consumer, we offer you full health, technical and storage guarantees on the Products that we market through this Website, as set out in law for
each type of Product, taking into account that our products do not exceed 6 months in our warehouses.
9.2. We inform you that, as a consumer, you have a period of 2 months to inform us of the lack of conformity, counted from the moment you became aware of it. In any case, the
lack of conformity must have been demonstrated within a maximum period of one year from the delivery of the product.
9.3. The Products are deemed to be in conformity with the contract as long as (I) they are aligned to the description provided by us and possess the qualities we have presented on this Website, (ii) they are fit for the uses for which products of the same type are normally intended, (iii) they show the quality and performance which are normal in goods of the
same type, (iv) provided that the Product has remained closed as they are perishable goods which are governed by PAO (“Period After Opening”) according to the formulation
of the product, but this may be less than 2 years, (v) in case of having opened the Product, the non-conformity must be within the PAO dates indicated on the packaging,
(vi) that the storage conditions are within the Spanish Agency of Medicines and Medical Devices (AEMPS) recommendations for the care of a cosmetic product, as detailed below,
and (vii) that the Product has been put to a proper and reasonable use, as detailed below.
9.4. The main recommendations with regard to appropriate storage conditions according to the AEMPS are as follows:
– Store the Products between 18 – 25ºC, away form direct light and any heat source. Avoid storing them in high humidity areas;
– Keep the Product in the original package and close it tightly after use;
– Do not mix the Product with water or other products;
– Do not use the Product for any other purpose than the intended for the manufacturer;
– Respect the date of minimum durability or the period of the use of the Product after opening (PAO), shown in months or years within the PAO symbol;
9.5. The main rules for correct and reasonable use of the product are:
– Wash your hands before use;
– Follow the instructions of use indicated on the labelling;
– Take into account the warnings indicated on the labelling and the information leaflet where applicable;
9.6. If any of the Products are not in conformity with the Contract, you must bring it to our attention by following the procedure detailed above via any of the means of communication covered in clause 1.
10.- DEFECTIVE PRODUCTS or NON-CONFORMING PRODUCTS
10.1. In cases where you consider that the delivered Product does not conform to the characteristics and qualities indicated on our website, has some kind of manufacturing problem, may be in poor conditions due to problems arising from transport or not, or is related to cosmetovigilance issues (and, therefore used or opened), please contact us immediately via our communication channels providing the details of your order, as well as indicating the defects that, according to You, the delivered Product has, so that we can
tell how to proceed.
10.2. In the event of a lack of conformity of the Product and in general, the consumer is entitled to have the Product repaired (where possible), replaced, a price reduction (where applicable) or the termination of the contract, which implies the return of the Product by the consumer and the corresponding refund of the amount paid, but we warn you that these options are not always possible, depending on the type of Product and the company policy respectively.
10.3. Due to the types of products marketed by KAI, the available options are the product replacement or the direct reimbursement of the price paid and return of the defective item
if the first option is not possible.
10.4. You are informed that if the lack of conformity is minor, the contract cannot be rescinded.
10.5. In such cases, KAI will examine the returned Product and we will inform you via email within a reasonable period of time whether we will replace the Product free of charge or refund the price paid for the Product, in case the replacement is not possible.
10.6. The refund or the replacement of the Product will be made as soon as possible and, in any case, within 14 days from the date of sending the e-mail confirming the replacement of the non-conforming item or the refund of the price paid for it.
10.7. Amounts paid for the Products which are returned due to a defect or fault, where such defect or fault actually exists, will be refunded in full, including the delivery charges incurred when delivering the item to you and any costs incurred by you when returning it to us, The refund of the price will be made via the same means of payment that was used to pay for the purchase.
10.8. As a general rule, you can return the defective product free of charge by handing it over to the courier that KAI will send to the provided address, after having requested the product’s collection. To process this type of return you can send us an email to shop@kaicosmetiks.com.
11.- LIABILITY
11.1. Unless otherwise expressly provided in these Terms, our liability in respect of any product purchased from our website shall be strictly limited to the purchase price of such product.
12.- FORCE MAJEURE
12.1. Deliveries may be extended or suspended in whole or in part by KAI during any period when KAI is prevented or hindered from producing, supplying or delivering the Products as a result of force majeure, fire, accidents, war, riots, disasters, governmental mandates, regulatory changes, job, equipment or materials shortages, strikes, lockouts, or any other circumstances beyond KAI’s control whether of the same or a different nature. Products non-delivered in whole or in part due to force majeure will be accepted by the CUSTOMER as soon as KAI is not prevented or hindered from producing, supplying and delivering the Products.
13.- APPLICABLE LEGISLATION AND JURISDICTION
13.1. This Agreement shall be governed by the laws of Spain.
13.2. The CUSTOMER submits to the jurisdiction and Courts of Spain. In those cases where jurisdiction is available, the CUSTOMER renounce its own jurisdiction and agrees to submit to the Courts and Tribunals of Girona (Spain).
13.3. Prior to any claim through the courts, any dispute shall be submitted to the European Commission Online Dispute Resolution Platform.