General conditions of purchase
GENERAL CONTRACTING CONDITIONS
1. PARTIES AND ACCEPTANCE OF GENERAL CONDITIONS OF CONTRACT: (hereinafter also the General Conditions or GTC)
On the one hand, the supplier of the products, BLOZGAP S.L. (hereinafter, “KUURTH”), Spanish company with address at C/ Rosselló 271, 2º2ªB, 08008, Barcelona, Spain, registered in the commercial register with CIF B02709707 and email address email@example.com, (hereinafter also the supplier), being the owner of the website https://kuurth.com/, sets out the contractual document that will govern the contracting of products through the aforementioned website.
On the other hand, the User-Customer (hereinafter the User), registered on the website with a user name and password, for which he has full responsibility for the use and custody, being responsible for the accuracy of personal data provided to the provider.
Accept this document, and implies that the user:
- Has read, understands and understands what is stated here.
- That he is a person of legal age and with sufficient capacity to contract.
- That assumes all the obligations set forth herein.
- That he has read and accepts the present general conditions of purchase from the moment that he acquires any offered product.
This document can be printed and stored by the Users. The lender makes available to them the e-mail address firstname.lastname@example.org to raise any questions about these conditions.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the website https://kuurth.com/, the provider.
The provider reserves the right to unilaterally modify these General Conditions, without affecting the goods or promotions that were acquired prior to the modification, in order to improve the products offered. In any case, before buying the products these general conditions must be consulted.
It is advisable to keep a copy of the data contained in the products purchased. KUURTH shall not be liable for any loss of data, files or any damage resulting from a failure on the part of the User to back up the data contained in the products purchased such as memory cards.
The provider shall not be liable for the consequences that may result from the improper use of the products on sale on the website.
KUURTH civil liability for the products supplied is limited to the amount of the same. The user renounces to claim any liability from the provider for any concept in any case of dissatisfaction of the products acquired on the website https://kuurth.com/, as well as possible failures, slowness of access or errors in the access to the website, including loss of data or other information that could exist in the computer or network of the user accessing the website.
2. OBJECT OF THE CONTRACT:
2.1 Scope of application: The purpose of this contract is to regulate the contractual relationship of purchase and sale born between the provider and the user at the time that he accepts these conditions of purchase during the online recruitment process. These GTC will be applied from the day the order is placed.
The contractual relationship of purchase and sale involves the delivery, in exchange for a determined price and publicly exposed through the website, of a specific product.
2.2 Territory of Application: The virtual store of https://kuurth.com/, is active worldwide.
2.3 Capacity to contract: In order to place an order you must be of legal age and have the capacity to contract.
2.4 Customer acceptance: The validation of an order through the web is done by e-mail and implies, also, the automatic acceptance of the GTC. These conditions are available on the website https://kuurth.com/ or, if you wish and request it, we can make it available to you by email.
2.5. Modification of the General Terms and Conditions: KUURTH reserves the right to make changes and/or modifications to these General Terms and Conditions. We advise our customers to review them regularly. Should these changes or modifications be made after an order has been placed, the conditions in force on the date on which the order was placed shall apply.
3. INFORMATION PROVIDED AT https://kuurth.com/:
3.1 Publication of prices: Exceptionally, the prices of the products shown on our website may be specified incorrectly and show a lower price than the corresponding price. When this happens, and if we have confirmed your order, we will contact you immediately in order to issue a new order confirmation with the correct price. In the event that the price is higher, you may cancel your order and we will refund any amount already paid.
3.2 Product Information: The information contained in our advertising, brochures, other written material, on our website or provided to you by our agents or employees constitutes an invitation to make a deal. Such information does not constitute an offer to supply any product from us.
The contents of https://kuurth.com/ are constantly renewed and updated to offer our customers the most complete and detailed information possible. Due to this, it is possible that the contents may show, in exceptional occasions, provisional information about some products. In case the information provided does not correspond to the characteristics of the product, the customer will have the right to cancel the purchase without any cost on his part.
3.3 Availability of the product/s: The supplier of the products is responsible for the stock and availability of products. There may be occasions when it is impossible to supply all products because they are not in stock or available at the time of purchase. In these cases, KUURTH staff will contact you to give you a choice between the following options:
a) choice of an alternative product, with similar characteristics to the product to be replaced.
b) communication of its availability, in case you prefer to wait until the product is available in the store again.
If you decline our suggestions, the order related to these products will be cancelled and you will be refunded any amount you would have paid for them.
3.4 Right of Cancellation: The supplier reserves this action (right of cancellation) of the shipment of a certain product that does not meet the quality requirements imposed on all products of the supplier. In the event that this lack of quality is detected, the KUURTH Customer Service will suggest a replacement product and, if the replacement is not to the customer's satisfaction, the cost of said product will be refunded.
3.5 Orders 24 hours a day, every day of the year: The schedule for receiving orders is twenty-four (24) hours three hundred and sixty-five (365) days a year, although all orders are processed from the day after receipt. Orders received over the weekend will be processed first thing the following Monday, or first business day.
3.6 Fraud: If KUURTH suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.
4. PROCEDURE OF PURCHASE:
It is informed that in accordance with the requirements of Article 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the procurement procedure will follow the following steps:
- Choose the product by clicking on "add to cart", and it will be automatically added to the "Shopping Cart".
- If you want to add more products, you must select the option "Continue shopping"; if by mistake you have added one that you do not want, you must click on the option to remove it from the shopping cart.
- Once you have chosen the product(s), you must click on the "Checkout" button to complete the purchase. By clicking it, you accept our privacy policies and the present General Conditions of Purchase.
- You must fill in the shipping address, choose the shipping method, and will be given the option to continue with the payment where the payment method will be selected.
- To finish the process, you must click on the button Finish the order.
- Once the order has been completed, you will receive an e-mail confirming your order.
The provider's contracting platform will inform the user, once the contracting procedure has been completed, by e-mail regarding all the characteristics, price, transport methods, contracting date and estimated delivery of the purchased product. Please check the spam and junk mail controls in your email inbox and always verify that the delivery and personal data are correct.
If there is any kind of error in the indicated address or in any other point of the order, you must notify it immediately to the e-mail address that will appear in the web to proceed to the correction of this error.
If you have any doubt, you can contact our Customer Service through any of the methods provided on the website. KUURTH will provide Customer Service for FREE through our contact email email@example.com, if you choose another alternative means of communication you will have to pay the particular cost of it.
Shipments will be made through a transport agency contracted by the Supplier. The supplier is responsible for placing the order within the deadlines mentioned in point 8 (Delivery deadlines).
In this case, KUURTH shall not be liable for the delivery of the purchased good and for the contracting of the transport company.
6. PRICES AND TERMS OF VALIDITY OF THE OFFERS:
All prices displayed in the store https://kuurth.com/ include the taxes in force at the time of purchase. All prices shown on the website are valid except for typographical error or end of stock and in any case be expressed in the currency selected. These costs, unless expressly indicated otherwise, include the costs of handling, packaging or any other additional services and annexes to the product or service purchased. In the event that there are shipping costs or special taxes, such as customs surcharges, KUURTH will not be responsible for the cost of such shipping or surcharges.
If you wish to receive an invoice for your purchase, you must write to the e-mail address firstname.lastname@example.org identifying the assigned order number. For any information about the order, the user can contact via e-mail at email@example.com. In any case it will have to indicate in the subject of the message the number of order that was assigned to him and indicated in the e-mail of confirmation of the purchase.
The prices applicable to each product will be those published on the website and applied automatically by the contracting process in the last phase of the same. The customer assumes that in any case the economic valuation of some of the products may vary in real time. In any case this will always be communicated in advance to users.
In the case of promotions of limited duration, the promotion discount will be applied as long as the order has been registered during the promotion period. The data registered by the different payment methods constitutes proof of the date on which the financial transactions were made and will serve to determine whether or not the order is subject to promotion.
7. PAYMENT METHODS:
Below we detail the systems available:
7.1 PayPal: Once the purchase has been completed, if this payment method is chosen, you will be redirected to the official PayPal website where you can make the payment. Once the payment has been made correctly, your order will be finalized and an email will be sent with a summary of your purchase.
PayPal automatically encrypts confidential data using the most advanced technologies available on the market.
7.2 Bank Card: You must enter your card details during the confirmation of your order. For this we use secure gateway and SSL data encryption. KUURTH does not store these data at any time.
7.3 IDeal: online payment method, allows the user to pay through their own bank. Using the mobile banking application of your personal bank, you can make the payment. After accepting this option, you will be redirected to the ABN AMOR website. Where, by means of a QR code reader, you will be able to make the payment.
7.4 Bancontact: Once the order is completed, you will be redirected to Bancontact to complete the purchase safely. By means of QR code.
8. DELIVERY OF ORDERS:
8.1 Shipping address and delivery times: Orders will be delivered to the delivery address freely designated by the user. Therefore, the provider assumes no liability in the following situations: When the delivery of the product is not made as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company, assigned for this purpose, such as the absence of the recipient or if you refuse to receive the package when the carrier is going to deliver it.
Deliveries are made to destinations all over the world. The provider will make every effort to ensure that your order is delivered within the period indicated on our website on the date of issue of the order confirmation.
Delivery times depend on the country of destination, you can check them from the following link: Shipping policy
For any doubt or suggestion, please contact us at firstname.lastname@example.org and we will answer you as soon as possible.
8.2 Shipment confirmation: Once the shipment has been made to the carrier, you will be notified of the confirmation of the shipment. Then, once the goods have been delivered to the carrier, you will be sent an update on the status of the order with the tracking number.
8.3 Delivery damage: The products are delivered in secure packaging. If at the time of delivery it becomes apparent, without the need to handle the shipping packaging or the product itself, that a product has defects caused by shipping damage or an error is noted in the goods received, the user must detail this fact and immediately contact KUURTH customer service at email@example.com within 24 hours of receipt, in order to request the return of the affected product(s) and proceed to replace it with another in optimal condition.
A proof of delivery without any notice of damage is equivalent to a product with the packaging in perfect condition. Likewise, if the product is damaged once the package is opened and in perfect condition, the customer has 24 hours from receipt to contact our hotline at firstname.lastname@example.org. No claims for product damage will be accepted 24 hours after delivery.
8.4 Non-deliveries: In the event that orders are lost in transit, you should contact the carrier directly to file a claim and contact KUURTH customer service to explain the situation and see if they can locate the whereabouts of the package.
If your shipment is lost in transit (from our warehouse to your shipping address), we will replace your entire order at no cost to you.
We will cover your shipment under these conditions:
1. The shipping address you provided to us during the order process is an accurate, shipping address. If the carrier deems your package undeliverable, your shipping insurance becomes invalid and a claim cannot be filed. Please make sure your shipping address is correct before paying.
2. If your package is lost in transit from our warehouse to your address.
We will NOT cover your shipment under these conditions:
1. False, inaccurate or incomplete address, PLEASE make sure your shipping address is correct before paying.
2. Absent consignee.
3. Refusal to receive the package when the carrier is about to deliver it.
4. Failure to pick up at pick up points (when indicated on tracking).
If the order has not been delivered and returned to our warehouse for the above reasons, KUURTH will give the user two options to choose from:
1. Cancel the order and make the refund, given this situation KUURTH will make the refund by subtracting the shipping costs and the costs of returning the shipment to our warehouse.
2. Resend the order, in this situation the user will have to pay the costs of the new shipment and the costs of the returned shipment to our warehouse, KUURTH customer service will indicate the user how to proceed to pay the amount.
9. RIGHT OF WITHDRAWAL:
9.1 Satisfaction Guarantee: The User has 30 calendar days to try the product and if he/she is not convinced by the purchase, the money will be refunded or exchanged. The following form must be filled in (always within 30 calendar days of receipt of the order): Click here to access the form
After filling out the form, the user will receive an email with the steps to follow to make the return/exchange.
You must return the product with all the elements with which it was delivered, without damage or marks of wear of any kind, and that does not denote an improper use of the good or different from the nature of it to the address we have provided. It is advisable to return the product in its original packaging, if this is not possible, the product will suffer a depreciation in value. The customer will be responsible for the packaging and protection of the product(s) he sends, as well as for the costs derived from the shipment.
*If the user sends the package from outside the European Union, the package must arrive at our facilities with duties and taxes already paid. Otherwise, it will be returned to the sender and the return request will be refused.
Provided that the products are returned within 30 calendar days, without any damage or wear marks and complying with the requirements established in this section, we will refund the purchase amount (shipping costs are not refundable).
Remember that in any case the product must include:
- Order number
- Receipt of purchase (if applicable)
- Complete delivery address
9.2 Return of defective product: In the event that the product is defective in origin, you must send an email to email@example.com with the order number and explaining the reason for the return, in the case of a defective product or if you have received the wrong item, you must send us a photograph of the product received. Our Customer Service will contact you via email indicating how to proceed with the shipment of the defective product and providing you with a return number.
The product/s of the order must be returned to the address that we will provide you with all the elements with which it was delivered in perfect condition, without damage or marks that denote an inappropriate use of the good or different from the nature of the good itself. You have 24 hours from the time of receipt of the product to request the return of defective product.
Once the defective product is received in compliance with these requirements and it is verified that the product / s have a manufacturing defect we will contact you to manage the repair, replacement, reduction or termination of the contract. In any of the previous cases, the derived expenses will be paid by KUURTH.
9.3 Return due to an error in the order by KUURTH: If the product does not correspond to the one ordered, due to an error attributable to KUURTH, the user must inform the company by email as soon as possible. KUURTH shall bear the costs of collecting the product sent in error and delivering the product corresponding to the order.
10.1 Refund of shipping costs: In case of any return or exchange, the customer must pay the shipping costs of these. The extra expenses derived from the hiring of fast delivery services will also be paid by the customer.
10.2 Refunds for returns: All refunds will be credited to the original method of payment. If you paid by credit or debit card, refunds will be sent to the card-issuing bank within 14 business days of receipt of the returned item or request for cancellation. Please contact your card-issuing bank if you have questions about when your account will be credited. If you have not yet received a credit for your return, here's what you should do: contact your bank or credit card company. It may take some time before the refund is posted to your account.
10.3 Refund Period: The refund will be made within 14 business days of receipt and verification of the conditions of receipt of the shipment.
10.4 KUURTH declines to refund amounts if:
- The products are used or deteriorated, or their use has exceeded their nature.
- The products are missing some element.
11. APPLICABLE GUARANTEES AND AFTER-SALES SERVICES:
11.1 Warranty: All products offered have a 2-year warranty period, in accordance with the criteria and conditions described in the Royal Legislative Decree 1/2007 of 16 November, which approved the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, except in exceptional cases where it may be of different duration.
In case that the Law of Guarantee establishes that the product must be sent to the manufacturer to manage this guarantee, the team of KUURTH will indicate him how to proceed through e-mail. In these cases, KUURTH shall not be responsible for how the manufacturer handles the guarantee of the product.
11.2 Defective products: In the event of a defective product, KUURTH shall repair it, replace it, reduce its price or terminate the contract (as appropriate), all of which shall be free of charge for the user. KUURTH shall be liable for any lack of conformity that becomes apparent within two years of delivery, provided that it informs KUURTH of the lack of conformity within two months of becoming aware of it.
11.3 Cases of cancellation of warranty: The warranty does not apply in the following cases:
- Deterioration created by adaptations, adjustments or modifications made to a product without written agreement with the manufacturer
- Expenses related to maintenance, repair or replacement by parts for normal wear and tear,
- Breakdowns and deterioration of accessories,
- Deterioration created by misuse of the product, improper use, failure to follow instructions for use and maintenance, or improper installation,
- Damages generated by non-accredited persons or the user,
- Damage caused by accidents, lightning, flood, fire or any other external cause that is not the responsibility of the manufacturer,
- If the model or serial number of the product shows any modification,
- Use of the product outside the family and private setting, for example, in intensive professional use, or
- Products already repaired by non-KUURTH Repair Services.
11.4 Replacement of an irreparable product: In the event that the product is considered irreparable, cannot be repaired or the cost of repair is disproportionate to its value, it shall be replaced by another product that is exactly the same. If the latter is not possible, we will offer you a product with identical or superior characteristics.
The replacement of your product will terminate your contract of sale and warranty extensions if any, since when you purchase your new product it will benefit from a new contract as it is a new purchase.
12. NULLITY AND INEFFICIENCY OF THE CLAUSES:
If any clause included in these General Conditions were declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only that provision or the part of it that is null or ineffective, with the General Conditions remaining in force in all other respects, with such provision, or the part of it that is affected, not being put.
13. APPLICABLE LAW AND JURISDICTION:
These conditions shall be governed by or construed in accordance with Spanish law in that which is not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of products or services subject to these Conditions, to the Courts and Tribunals of the domicile of the provider (if it is a legal entity) or the user (if it is a natural person).
In the event that the user is domiciled outside of Spain, the provider and the user expressly renounce any other forum, submitting themselves to the Courts and Tribunals of the city of Barcelona (Spain).