LEGAL TERMS
GENERAL PURCHASE CONDITIONS – GORENS NEGOCIOS S.L.
These general purchase conditions establish the terms governing the purchase of products through the website https://kimonkio.com/ by means of any application or platform used to access it. These conditions are complemented, in matters not established herein, by the website’s privacy policy, cookie policy, and the terms of use set out in the legal notice, and are available for filing, should you wish, in the footer of the website.
If you have any queries regarding these terms of sale, you may contact us, GORENS NEGOCIOS S.L. (hereinafter KIMONKIO), a Spanish company with registered address at Av. de la ONU 9, 3º, 28936 Móstoles, Madrid, Spain, and Tax ID No. B-86583473, via email at info@kimonkio.com or by phone at +34 919 41 88 65.
1. USE OF THE WEBSITE
Use of this website must correspond to truthful inquiries or orders, as applicable; should there be suspicion that this is not the case, we are entitled to inform the relevant authorities as deemed appropriate. Personal data requested for handling inquiries and orders must be accurate and truthful, and will be processed by KIMONKIO in accordance with its privacy policy.
The language used to formalise the contract will be Spanish.
2. TERRITORIAL SCOPE OF SALE
Items offered for sale on this website may only be shipped to mainland Spain, Mallorca, Portugal, France, and the rest of Europe, except for certain countries and areas. If we do not ship to any of the destinations you indicate, we will inform you at the time you specify the destination of your order, before finalising the purchase.
3. ORDER PLACEMENT PROCESS
To place an order, you must follow the website’s purchase process: click on the items you wish to purchase, provide the requested information, choose a delivery method, choose a payment method, and finally click “pay.”
Normally, the confirmation windows in the purchase process will not allow you to proceed if the data has not been provided correctly. However, if after completing the information requested in the purchase forms you detect an error in the data entered, you may request its correction by sending an email to (INSERT COMPANY EMAIL) as soon as possible, or you may modify it yourself in your customer account area.
All orders for items are subject to availability. If we do not have stock of the purchased product and this was not previously indicated during the purchase process or on the item’s own page, we will inform you of this and refund the amount paid for it as soon as possible.
4. DELIVERY OF ITEMS
During the purchase process, you must indicate the delivery method that best suits your needs, being able to choose between standard and express delivery.
In some cases, for reasons beyond our control, we may be unable to meet the delivery times above; in any event, we must deliver the item within a maximum period of 30 calendar days from the date the order is confirmed. If we are unable to meet this maximum period, we will inform you of this circumstance and give you the option to continue with the purchase process, setting a new delivery date, or to cancel the order with a refund of the amount paid.
In any case, an order will be deemed delivered at the moment it is made available to you or to a third party designated by you — that is, at the moment you take physical possession of the order.
If you are not at home, a further delivery attempt will be made, arranged with the shipping company by email, or a delivery will be arranged at a nearby pickup point via email from the shipping company.
When the order leaves our warehouse, you will receive an email. Subsequently, you will receive another email from the shipping company informing you of the delivery date. You will also be given the option to change the delivery date and location free of charge, provided it is nearby. You may choose one of the pickup points. The following day, you will receive an email informing you of the time at which you will receive the order. If more than 7 days pass and the shipment is returned to our facilities and the customer does not come to collect it, the customer must bear the costs of returning the package as well as the costs of shipping it again. If two delivery attempts are made and the customer is absent, the customer will bear the costs of the return shipment and, if they wish to receive the order again, the costs of shipping it once more.
If the order is returned to origin — that is, to Kimonkio — we will keep the order for 1 month, but should the customer claim it after that period, the customer will not be entitled to claim either the amount or the contents of the order, which will be donated to the Red Cross.
5. PRICE OF ITEMS AND PAYMENT
The prices shown on the website include Value Added Tax (VAT) but not shipping costs, which will be indicated once the user specifies the delivery location for the order and which will be equivalent, barring changes in shipping costs, to the amounts specified in section 4 of these general conditions.
Once you have added all the items you wish to purchase to your “cart” and provided the information requested to complete the purchase, the final step will be payment of the price by filling in the details requested for that purpose. Before proceeding to payment, if you consider it appropriate, you may modify your order details.
All transactions are carried out in euros, unless another currency is specified, as applicable. If payment is made in another currency, the conversion is based on the exchange rate on the day the purchase is made.
KIMONKIO offers two payment methods:
By Visa, Maestro, American Express and/or MasterCard card. For the payment process, each bank chooses its own security system; some request an additional password, others send a secret code by SMS, and others require authentication via an app. If you would like to know the specific process, please contact your bank. By clicking “pay,” you are confirming that the card used belongs to you or that you are its legitimate holder. KIMONKIO will not have access to the credit card details.
Via PayPal (https://www.paypal.com/es/home). PayPal allows any consumer with an email address to send and receive payments securely. Through the “Pay with PayPal” link, you can access PayPal’s secure website, where, if you already have a PayPal account, you can authorise the payment. If you do not yet have a PayPal account, you can register free of charge and make payment for your orders.
You may purchase our products either by registering on the website or without registering, in which case you will only be asked for the information necessary to complete the purchase and process your order.
6. RIGHT OF WITHDRAWAL AND DAMAGED ITEMS
Right of withdrawal.
If you purchase as a consumer and user (which is normally the case), you have the right to withdraw from this purchase contract within a period of 14 calendar days without needing to provide any justification. The period for exercising the right of withdrawal will end 14 calendar days from the day on which you or a third party indicated by you acquired physical possession of the items, or, in the case of delivery of multiple goods ordered by the consumer and user in the same order and delivered separately, from the day on which you or a third party indicated by you, other than the carrier, acquired physical possession of the last of the goods, or, in the case of delivery of goods consisting of multiple components or parts, from the day on which you or a third party indicated by you, other than the carrier, acquired physical possession of the last component or part.
To exercise the right of withdrawal, you must inform us unequivocally by email at info@kimonkio.com, for which you may use the model form set out below, although its use is not mandatory:
“– To the attention of (here the name of the trader, their full address, and, if available, their fax number and email address should be inserted):
– I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods ()
– Ordered on/received on ()
– Name of the consumer and user
– Order number
– Item to be returned
– Address of the consumer and user
– Date”
To meet the withdrawal deadline, it is sufficient for the communication concerning your exercise of this right to be sent before the corresponding period expires.
If you withdraw from the contract, we will refund all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer), without undue delay and, in any event, no later than 14 calendar days after we receive the returned order. We will carry out this refund using the same payment method you used for the initial transaction. In any case, you will not incur any costs as a result of the refund, except as expressly indicated below.
We may withhold the refund until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first.
You must return or hand over the goods directly to us at Avenida de la ONU 9, 28936, Móstoles, Madrid, following a scheduled appointment and at the agreed time, or through an intermediary who takes charge of them (post office or similar), without undue delay and, in any case, no later than 14 calendar days from the date on which you, or a third party designated by you, received the product. The deadline will be considered met if you return the goods before this period has ended.
You must bear the direct cost of returning the goods.
You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature and characteristics of the items.
In any case, you will not have a right of withdrawal for contracts involving a customised item or items sealed for health or hygiene reasons that have been unsealed after delivery. You may only exercise your right of withdrawal for items returned in the same condition in which you received them. No refund will be made if it is found that the item has been used beyond mere opening, or if items are not generally in the same condition or have suffered any damage; you are therefore advised to take the utmost care while the items are in your possession. Returns must be made including the original packaging and any accompanying tags.
After examining the item, we will inform you whether or not the price paid will be refunded. If it is ultimately decided that you are not entitled to withdraw from the contract, the item will be made available to you again, and if, after two months from the date it is made available, you refuse to receive it (at your expense) or fail to collect it, the item will be considered abandoned.
Defective items
We are sorry if you received a product with a manufacturing defect. Our team carefully inspects each item before shipping, so this is not common, but if it happens, we will be happy to replace the item with the same item in perfect condition. You must notify us by email, and we recommend doing so within 2 calendar days of receiving it — that is, at the latest, the day after receiving it.
Please send an email to (INSERT COMPANY EMAIL) with photos proving the defect in the item, the name under which the order was placed, and the order number.
Our team will inspect the merchandise and, if the conditions have been met, will issue a replacement for the item within a period not exceeding 15 business days (Kimonkio will cover the shipping costs of the replacement). If you do not want a replacement, it will be handled as a return, and the item will be refunded.
Kimonkio will assess the damage upon its arrival at our facilities.
• IMPORTANT NOTE: Returns for defective items will only be accepted if the product retains its labelling. Otherwise, it will be understood that the item has been used and that the defect resulted from improper use.
** The customer handling a return for a defective product assumes responsibility for it, as well as all legal consequences that may arise from bad-faith conduct constituting fraud. Once the defective product arrives at our facilities, our team will assess whether it is a manufacturing defect. If it is not, the customer will bear the shipping costs to our facilities. To notify us that an item is defective, you must always send an email to info@kimonkio.com.
When Kimonkio receives a returned item with damage caused by the customer, or that has been sent without its original labelling, we will contact the customer so that they may recover the item by paying the shipping costs again. If the customer does not make this shipping payment within a period of 1 month, they will have lost the possibility of recovering it, and it will be donated to the Red Cross.
7. NULLITY AND MODIFICATION OF THE CONDITIONS
Should any of these general conditions be declared null and void by a final court ruling issued by a competent authority, the remaining clauses will remain in force and will not be affected by such declaration of nullity.
Likewise, we reserve the right to modify these general conditions, provided that such modifications may not have retroactive effect.
8. WARRANTY OF CONFORMITY
As a consumer, in the case of the purchase of goods, you should be aware that our products carry a warranty for any lack of conformity existing at the time of delivery of the product and which becomes apparent within a period of three years from delivery.