These Terms and Conditions apply to the purchase and delivery of products in Spain through our Website. Please read these Terms and Conditions carefully before placing an order. By confirming that you have read and accepted these Terms and Conditions, when you submit an order through the Website, you are confirming your unconditional acceptance of these Terms and Conditions.
If you wish to obtain additional information about these Terms and Conditions or you have any doubts about it, check our FAQ page and, if you still need assistance, contact the Customer Service department through our contact page.
In these Terms and Conditions, kZoomi means KZOOMI S.L. a company domiciled in C/ Marie Curie, 23-25 (Elche Parque Empresarial), 03203, Elche, Alicante, Spain and C.I.F. B42519678, And "you" means the customer. These Terms and Conditions together with your order and order confirmation constitute the contract between us and you in connection with the supply of products. No other set of terms and conditions shall apply. The contract may only be modified by mutual agreement between the parties in writing or via e-mail.
All users of our Website may electronically store or print a copy of these Terms and Conditions.
All products are shipped from our warehouses in Alicante.
1. INFORMATION RELATED TO PRODUCTS
We will seek to ensure, as far as possible, that the information relating to the product is accurate and up to date. However, we do not guarantee the absence of errors in the description and / or price of the products nor the permanent availability of the products when you wish to place an order to acquire them.
The materials contained in our Website should not be considered as a statement regarding the products. All images, illustrations and descriptions of products are included for information purposes only, and you may contact us through the contact page for additional information about these products.
We will take all necessary measures to show accurately the characteristics of our products, including the colors. However, since the actual colors you will see depend on the configuration of your computer and your computer system, we cannot guarantee that your computer will accurately reflect those colors. We reserve the right to modify, at any time and without prior notice, the information regarding the products displayed on our Website including, without limitation, information on prices, description and availability of the products. However, changes in price, availability or description of any products will not affect orders made by you that have already been accepted by our company in accordance with the article 2 below.
The foregoing will not affect your legal rights in the case of products that do not fit the indicated description.
2. HOW TO MAKE AN ORDER
To be able to order, you must be over 18 years old. To make the order, you must select the products of the Web Page, and add them to the shopping cart and choose the method of payment. We cannot accept orders made in ways other than the ones detailed above.
If you have any problems during the execution of the order or if you are not sure if you have completed the process, please contact us.
When placing an order, we will receive an offer to purchase the products that you have selected. The orders will be subject to availability and acceptance by us and we may reject your order at any time and at our sole discretion, including by way of example, in the following cases:
i. When you provide us with incorrect information including, without limitation, insufficient or incorrect payment information, incorrect billing information, incomplete or incorrect shipping address or any fraudulent information.
ii. When there is an error on our Webpage relating to any of the products that you have requested, such as an error regarding the price or the description of the products with respect to the information displayed on our Website.
iii. When the products you have requested are no longer available through our Website.
iv. When we have reason to believe that you are not 18 years old.
We will not be responsible to you or to third parties for the withdrawal of any product from the Website, the removal or editing of any materials or contents of the Website, refusal to process an order or the suspension of an operation once its processing is initiated.
In case you cannot accept or process your order, we will contact you via e-mail as soon as possible and, in any case, within 30 days from the date of the order. If we cannot accept or process your order because the products are no longer available, or due to an error in the price and / or other data relating to the products in respect of which the order was placed, we will notify you and proceed to cancel your order of those products that we cannot supply as well as to reimburse you for the amount you have paid for them.
If you have placed the Order through the Website you will receive an automated email confirming receipt of your Order. This email contains the relevant details of your Order (such as quantities, price, shipping terms). Please note that this email does NOT constitute an acceptance of your Order. Your Order will be accepted and the contract between us and you will be concluded only when we despatch the Goods. At such time you will receive an Order Shipment Confirmation email informing you that we have despatched all, or a part, of the Goods covered by your Order.
When you place an order through the Website, you will receive an automatic e-mail confirming the receipt of the order. This e-mail contains all the relevant data of your order (such as quantities, price, shipping terms…). We remind you that this e-mail does NOT constitute an acceptance of your order. Your order will be accepted and the contract between us and you will be concluded only when we send the products. At that specific time, you will receive an order confirmation email informing you that we have sent all or part of the products indicated in your order.
Orders may be canceled by you at any time before we proceed with your processing. If you wish to cancel your order, please contact us through our contact page. In case of cancellation, we will refund the amount of the products included in the canceled order. We will not accept any kind of cancellation other than the one indicated above. Once your order has been processed, you can only exercise your right of withdrawal in accordance with the procedure set forth in the article 8 below.
3. WHAT HAPPENS IF THE PRODUCTS ARE NOT AVAILABLE?
We will use reasonable efforts to ensure that the information regarding the products displayed on our Website is always accurate. However, when placing an order, unfortunately certain products may be out of stock.
In the event that we cannot send you the requested products within 30 days from the order day, we will cancel your order partially or totally and, in such case, we will refund the amount of products included in the canceled order. Nothing in these conditions will affect your legal rights regarding defective products.
4. OUR PRICE POLICY
The prices of the all the products are indicated in our Web Page and will be confirmed in the automatic e-mail of confirmation order that you will receive after completing the ordering process.
All prices are in Euros and include VAT.
Shipping charges may be applied to your order as indicated in our Website at the time you submit your order. The shipping fees will depend on the value of the order and the shipping method chosen by the user. To check the shipping fees and the terms and conditions of application, please refer to our Shipping and Return page.
We reserve the right to modify the price of the products indicated on our Website at any time and without prior notice. The price changes will not affect the orders that have already been accepted and for which a confirmation e-mail has already been sent.
In case we detect an error in the price of the any products that you have requested, we will cancel your order and we will communicate it conveniently. We will then reimburse you for the amount you have paid.
5. PAYMENT METHODS
We accept most payment cards including Visa, Visa Electron, MasterCard and American Express. We also accept payment via PayPal. Payments must be made in the currency indicated in your order before shipping. The method “cash in delivery” and "pay by transfer" are also considered a valid method. In the case of bank transfer, we will not accept the order until the payment has arrived.
If you pay by credit or debit card, you must provide your card details when you place your order. A charge will be made to your credit or debit card for the full value of the purchase at the time you send your order. We will not accept your order or supply any of the products until the issuer of your credit or debit card has authorized the use of your card to accept the payment for the requested products. If we do not receive authorization, we will notify you. We reserve the right to verify the identity of the credit or debit card holder by requesting the documentation needed.
We will take all necessary measures to make our Website safe and avoid possible fraud. All credit and debit card transactions on this Website are made through a secure online payment platform that will carry out the activities of processing the information regarding your payment data in a secure environment. At any time and at our sole discretion, we may restrict shipments to certain countries or regions that we believe with a high degree of fraud risk.
When you make the payment via PayPal, you will be asked to log in to your PayPal account indicating your e-mail address and password to confirm the payment. Even if you do not have a PayPal account, you can use this method of payment up to a maximum of 10 times and you will be asked to indicate certain personal details and credit card information. Your products will be shipped once the payment has been authorized. If we do not receive the funds from the authorized payment within 30 days from the date of completion of your order, said order will be canceled.
We will send the products to the delivery address indicated in your order confirmation. However, we can only send documents by e-mail to the address that you have indicated at the time of placing your order.
6. WHEN ARE THE PRODUCTS DELIVERED AND HOW TO FOLLOW UP MY ORDER
The products requested through this Web Page can only be sent to Spain and some countries that will appear while you are placing your order. The delivery will be made by standard or urgent courier service, according to your choice, within normal working hours. Shipping charges may be aplied to your order. To check our terms and conditions of delivery and shipping costs, see our Shipping and Returns page. Upon delivery of the products to our carrier, we will send you an order confirmation to the e-mail.
We will not ship any products until the full payment has been received by kZoomi. We will use all means at our disposal to deliver the products within the delivery time specified in our Terms and Conditions of Delivery. However, any delivery date or deadline we specify will constitute a mere guidance and we will not assume any responsibility for any losses or damages that you may incur in the event of an unavoidable delay in delivery.
In the event that no one responds to the delivery address to accept the delivery of the products, the carrier will leave a notice in your mailbox.
The ownership and risk of loss relating to the products will be transmitted to you at the time of delivery.
7. HOW TO RETURN PRODUCTS
We hope you are satisfied with your purchase at KZOOMI S.L., however, we understand if you may wish to return any or all of the products of your purchase. Products that have been supplied as an error, products that are not complete or that are damaged or defective, or simply in case you change your mind, may be returned following the procedure specified on our Shipping page.
8. YOUR RIGHT TO DISCONTINUE THE SERVICE
If you receive the requested products and you are not satisfied with any of them or simply change your mind and decide not to acquire them after sending the order confirmation e-mail, you can exercise your right of withdrawal without penalty and without the need to claim any cause, and request a refund of the money within 30 (thirty) calendar days after delivery of the products, provided that you return them following the procedure indicated in the 'How to make a return' section of our Shipping page available here.
We remind you that as long as the products are under your control, you will be obliged to ensure that they are kept safely and in good condition.
9. OUR RESPONSIBILITY TOWARDS YOU
Our responsibility for damages caused by any type of negligence, regardless of its legal basis, will be limited to the following:
(i) We will be responsible up to the amount of the usual foreseeable damages corresponding to this type of contract for breach of substantial contractual obligations;
(ii) We will not be responsible for breaches caused by any kind of slight negligence with respect to any other applicable duty.
The above limitation of responsibility shall not apply to any legally binding responsibility or responsibility for personal injury. Likewise, these limitations of responsibility will also not apply to the extent that kZoomi has assumed a specific guarantee.
The above provisions shall apply properly to our responsibility for expenses incurred unnecessarily.
You will be obliged to take the necessary measures to avoid and reduce possible damages.
Nothing in these Terms and Conditions will affect your legal rights as a consumer, or your right of withdrawal provided in the article 8 above mentioned.
10. TREATMENT OF PERSONAL DATA
11. USE OF THE WEBSITE
The use of this Website is also subject to the Terms and Conditions of available use in the Legal warnings section.
12. INTELLECTUAL PROPERTY RIGHTS
The kZoomi trademark, as well as all trademarks (figurative trademarks or not) and any other marks, illustrations, images or any logo that may appear on our products, accessories or packaging (regardless of whether these elements are registered or not) will at all times be property of KZOOMI S.L. and its subsidiaries. Any reproduction (whether complete or partial), modification or use of these marks, illustrations, images and logos, for any reason and in any media without prior acquiescence and written authorization of KZOOMI S.L., is strictly prohibited and will be subject to the legal actions KZOOMI S.L. consider necessary.
13. FORCE MAJEURE
Our company will try by all means at its disposal, to fulfill the obligations set forth in these Terms and Conditions. However, we cannot assume any responsibility for possible delays or failures to comply these Terms if such delays or failures are caused by circumstances beyond our control, including without limitation : natural disasters, explosions, floods, fires or accidents; war or civil revolts; strikes, labor mobilizations or lockout; any form of government intervention; acts or omissions of third parties; breach of our supplier (s); lack of communication on the customer part of a correct delivery address or any change of address, or any default on your part in the payments. payment.
We will contact you to inform about the existence of such unforeseen circumstances as soon as possible and we will resume the fulfillment of our obligations as soon as the circumstances make it possible. If the interruption lasts longer than 2 weeks, you will be entitled to cancel the order and obtain a refund in accordance with the article 8 of these Terms and Conditions.
These Terms and Conditions are governed by the laws of Spain to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
15. RESALE / REFUND OF GOODS
We constantly monitor the quality of the products we offer to our customers in order to guarantee full customer satisfaction. Our products are only distributed in our own stores and those of our authorized resellers. In any case, you may appear to other third parties as one of our authorized resellers or as an authorized person to resell our products. We reserve the right to reject your order should we have reasonable grounds to believe that you intend to resell our products without authorization.
If you have any questions about our products, your order or some of these Terms and Conditions, please contact us through the Contact page.
17. GENERAL DISPOSITIONS
The lack of exigency of compliance by us or by you in relation to any provision of these Terms and Conditions shall not constitute a waiver of such provision. Such non-compliance shall in no way affect the right to demand compliance of these provisions at a later time.