Next, the list of terms and conditions of purchase applicable to those purchases made by the Consumer and User (hereinafter, "the Client"), are made through this platform are set out in detail.

The use of the online platform www.kapio.es, as well as the sale of any of the products offered therein (from now on, the "online purchase"), implies full and express acceptance of the General Conditions of Purchase and of the Privacy and Data Protection Policies described below, of which KAPIO reserves the right to modify, resulting in the application of the General Conditions that were published on the indicated platform at the time of purchase on -line by the Client.

GENERAL CONDITIONS OF CONTRACT

 

1. General Information.

In accordance with the provisions of article 10 of Law 34/2002, of July 11, on services of the Information Society and Electronic Commerce, the following information is stated below:

Both this electronic domain, www.kapio.es, as well as the information collected from its use are owned by ORIOL CAPELL JARDÍ, of legal age, and provided with ID number 47963893-S, with registered office at 279 Ave. República Argentina, Barcelona, Zip Code 08023 (Barcelona, Spain), e-mail contact uricapell@kapio.es.

 

2. Description of the products.

For each of the products offered on www.kapio.es, the owner of the same will provide the Consumer with a detailed description of them. And in particular about its size, composition and price.

As far as possible, and based on availability and commercial strategies, KAPIO will make images of the products available to the Customer. Whose ownership corresponds to ORIOL CAPELL JARDÍ, of which it reserves all rights of use.

The identity between the detailed description of the products and their characteristics will imply the full conformity of the products.

3. Availability of the products.

The availability of the products on the web will be updated periodically depending on the stock that Kapio has. Thus, all orders placed online will be subject to their availability.

It is expressly stated that KAPIO will not intentionally offer through this website, for each product, more units than are available in stock.

Therefore, if for reasons beyond the control of KAPIO or not attributable to KAPIO, the latter puts up for sale a product that will end its disposal in stock, and this is acquired by a Client, KAPIO undertakes to offer the Client -with prior notification to the same and consent by the Client-, choose between:

-       Refund any amount that could have been paid without any type of penalty, through the same means of payment for which the online purchase had been made.

-       Replace the product with which the stock had finished, with another model of equal quality and value available in stock.

-       If it were possible for KAPIO to have the indicated product available again in stock, deliver it to the Customer, with the consequent modification of the delivery times of the same, depending on the stock forecast.

4. Legal guarantee and quality policy.

In accordance with the provisions 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, KAPIO responds to the Client before any lack of conformity due to manufacturing defects existing at the time of delivery and manifested within the following 2 years.

The Client must notify and describe to Kapio without undue delay any lack of conformity of any goods delivered as long as it could reasonably be established of the cause that gives rise to appreciate the lack of conformity.

In no case will the following be considered a manufacturing defect:

-       General damages caused by improper or abnormal use of the product.

-       Bumps and scratches caused by normal use of the product.

-       Detachment or breakage of gems or other applied elements.

-       Stains or changes in brightness on metals, gems or other elements caused by external chemical agents.

-       Allergies.

If the product does not conform to the stipulated characteristics of the product, the Customer may choose between requiring the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the Client informs KAPIO of the chosen option, both parties will have to abide by it.

 

5. Description of prices.

It is expressly stated that the prices indicated on the website include the Value Added Tax (in the corresponding percentage according to current legislation applicable at all times). Amount to which, however, the shipping costs, which may correspond, should be added. This is without prejudice to the fact that Kapio chooses, in certain products or for certain orders, to assume the aforementioned shipping costs on its own account.

The online purchase of the products offered on the web implies the full and express knowledge by the Client of the possibility that Kapio may add to the order the shipping costs that may correspond, of whose final amount the client will be informed, previous perfection and payment of the purchase. All of this, in accordance with the provisions of article 621-5 of Law 3/2017, of February 15, of the sixth book of the Civil Code of Catalonia, regarding obligations and contracts, and the modification of the books first , second, third, fourth and fifth.

It will be understood that the total price of the product or products purchased will in no case be different from the price reported for each product. Notwithstanding the foregoing, the determination, where appropriate, of the shipping costs, the amount of which will be informed to the customer once the products have been chosen (but before the completion of the purchase), will in no case imply a modification of the price total product.

The prices of the articles published on the web are subject to variation. Notwithstanding the foregoing, possible changes will not affect the orders for which an Order Confirmation e-mail has been sent.

 

6. Customs declaration and special taxes and fees.

All international shipments (understood as those that are made outside the European Union, or the European Economic Area) will be accompanied by an import / export declaration before the customs authorities, whose content will expressly reflect the total amount of the order, product by product.

It is the responsibility of the Customer to pay the international taxes or fees, duties, and expenses that are levied or that are applicable to the products purchased, within the territory of collection or destination.

 

7. Eligibility for making purchases.

The Client declares and guarantees to act in good faith, using this website exclusively with the intention of making inquiries or processing orders for personal use, and under no circumstances, to acquire the products offered at www.kapio.es for subsequent resale or parallel distribution, which may in any way, bring you some commercial benefit.

When processing any type of order, or requesting information of any kind, the user undertakes to provide the data that is requested in a truthful, exact and unequivocal manner. Expressly consenting that KAPIO may make use of said information, as detailed in the corresponding section on data protection, as well as to contact you, both by telephone and telematics, if the processing or normal course of the order so requires.

KAPIO reserves the right to cancel or cancel any order, if the contact information, identification, or delivery address indicated in the order were manifestly erroneous, inaccurate or incomplete.

Likewise, when making any type of consultation through this website, or when placing any type of order, the Client declares to be of legal age and have sufficient legal capacity to act and enter into contracts.

8. Form and methods of payment.

Kapio undertakes to make available to users a secure online payment gateway for Credit or Debit cards (Visa, Mastercard, Visa Electron and similar cards), offered by the STRIPE and / or PayPal payment platforms.

By authorizing the payment, the Client is confirming that the credit or debit card is their property. Credit cards will be subject to checks and authorizations by their issuing entity, so if said entity does not authorize payment, KAPIO will not be responsible for non-delivery or delay in delivery, which has not been formalized. the purchase.

KAPIO undertakes not to store, in any case, sensitive information such as card numbers or authentication codes.

Under special conditions, the possibility of payment through bank transfer or deposit is also offered. In which case, KAPIO reserves the right to delay the shipment of the products purchased until the necessary payment guarantees are available.

The Client undertakes to make full payment for the products purchased within the time established by the company.

9. Privacy and data protection policy.

In accordance with the provisions of current regulations on the Protection of Personal Data, the Client is informed that their data will form part of a file owned by ORIOL CAPELL JARDÍ, in order to carry out and process the orders processed at through this website, as well as to bill them.

KAPIO does not guarantee the correct provision of services, if the Client does not provide all the data requested at the time of processing the order, (including those identified as optional), in a complete, correct and exact manner.

The Client's data will be transferred to carriers or distributors, when the transfer of the Client's data turns out to be necessary for the proper development and fulfillment of the orders, with the understanding that the Client expressly accepts this transfer at the time of finalizing the purchase. The data will also be transferred to third parties in those cases in which such transfer is required by legal provision.

Notwithstanding the foregoing, the personal data requested will be guarded and managed with due diligence and confidentiality, applying the computer security measures imposed by current legislation, to prevent access or improper use of your data, its manipulation, deterioration, or loss.

In order to comply with current regulations on this matter, the Client can exercise the rights of access, rectification, cancellation, limitation, opposition and portability free of charge by mail addressed to contact@kapio.es or postal mail addressed to Avenida Argentine Republic nº 279, CP 08023, of Barcelona (Barcelona).

 

10. Prevention of money laundering and financing of terrorism.

In accordance with the provisions of Royal Decree 304/2014, of May 5, which approves the Regulation of Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing, as well as in Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing, the client says and expressly states that he himself is the real owner of the operation, warning him at this time KAPIO that Your data may be transferred to those entities or organizations that, in accordance with the provisions of the aforementioned regulatory texts, I have the right of access to them.

In those cases, in which the purchase or order amount reaches or exceeds THOUSAND EUROS (€ 1,000.-), the Client will be required to identify himself with a copy of his ID or NIE, on both sides, or valid Passport , which will be sent to contact@kapio.es. So KAPIO reserves the right to retain or keep the order or command paralyzed until the customer identifies himself. Being able to understand the purchase and sale operation resolved, if from the moment in which the Client had been requested the formal identification obligation, a reasonable period of time had elapsed, which in no case will be less than FOURTEEN (14) NATURAL DAYS, without the latter having fulfilled such requirement.

 

11. Applicable legislation and jurisdiction.

The use and purchase contracts derived from the orders placed through www.kapio.es will be governed by Spanish legislation, failing which, by European legislation that may be applicable. And in particular, by what is provided in 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. And where appropriate, by the regional regulations that result from application, such as Law 3/2017, of February 15, of the sixth book of the Civil Code of Catalonia, regarding obligations and contracts, and the modification of the books first, second, third, fourth and fifth.

Any controversy arising as a result of these general contracting conditions, for any purchase made through this website, will be submitted to the jurisdiction of the Spanish Courts and Tribunals, or failing that, the Courts and Tribunals of the Consumer's domicile, if Such circumstance will be considered imperative by any applicable norm in the State of the defendant's domicile, regardless of whether it derives from a national or community norm or from a bilateral agreement signed with Spain.