General Conditions of Sale

GENERAL CONDITIONS OF SALE

kuvings.es

 

1. GENERAL INFORMATION

The ownership of this website kuvings.es (hereinafter Website) is held by Nuc Electronics Europe GmbH, with VAT number DE2810 61556, owner of the registered trademark Kuvings®.

The commercial exploitation of this website Kuvings.es, as well as the distribution of Kuvings products in Spain, is held by Bonfilex SA (hereinafter KUVINGS ESPAÑA), with CIF number A80282031, registered in the commercial register of Barcelona T25732, F220, S8, H/B93784.

 

Contact information:

Address:           C/Primer de Maig, 19

08160 Montmeló

Barcelona

Phone:            93 572 32 59

E-mail:                 info@bonfilex.com

 

This document (as well as any other documents mentioned herein) governs the terms and conditions governing the use of this Website (kuvings.es) and the purchase or acquisition of products and/or services thereon (hereinafter, Terms and Conditions).

 

For the purposes of these Terms and Conditions, the activity that KUVINGS ESPAÑA carries out through the Website is understood to include: “the marketing and distribution of household appliances and spare parts.”

 

In addition to reading these Terms and Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy and the privacy and data protection policy of KUVINGS ESPAÑA. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and Conditions and by everything mentioned above. Therefore, if you do not agree with all of them, you should not use this Website.

 

Likewise, we inform you that these Terms and Conditions may be modified. Users are responsible for reviewing them each time they access, browse, and/or use the Website, as the Terms and Conditions in effect at the time they request the purchase of products and/or services will apply.

 

For any questions the User may have regarding the Terms and Conditions, they may contact the owner using the contact information provided above or, where applicable, using the contact form.

 

2. THE USER

Access, browsing and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), whereby all the Conditions established herein are accepted from the moment browsing of the Website begins, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

 

The User assumes responsibility for proper use of the Website. This responsibility extends to:

  • Use this Website only to make legally valid inquiries and purchases or acquisitions.
  • Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered, it may be cancelled and the relevant authorities reported.
  • Provide truthful and lawful contact information, such as email address, postal address, and/or other information (see Legal Notice and General Conditions of Use).

 

The User declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website. The Website is primarily intended for Users residing in Spain. KUVINGS ESPAÑA does not guarantee that the Website complies with the laws of other countries, either in whole or in part. KUVINGS ESPAÑA declines all liability that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.

 

The User may formalize, at their discretion, with KUVINGS ESPAÑA the purchase agreement for the desired products and/or services in any of the languages ​​in which these Conditions are available on this Website.

 

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase on the Website using the established methods and methods. They must follow the online purchasing and/or acquisition procedure at mikuvings.es, during which various products and/or services may be selected and added to the shopping cart, basket, or final purchase area, and finally, click "Buy."

 

Likewise, the User must complete and/or verify the information requested at each step. However, during the purchasing process, before making the payment, the purchase details can be modified.

 

The User will then receive an email confirming that KUVINGS ESPAÑA has received their order or request for purchase and/or service provision, i.e., the order confirmation. They will also be notified by email when their purchase is being shipped. Where applicable, this information may also be made available to the User through their personal login space on the Website.

 

Once the purchase process has been completed, the User agrees that the Website will generate an electronic invoice, which will be sent to the User via email and, where applicable, through their personal account on the Website. Furthermore, the User may, if desired, obtain a paper copy of their invoice by requesting it from KUVINGS ESPAÑA using the contact information on the Website or using the contact information provided above.

 

The User acknowledges that, at the time of purchase, they are aware of certain specific conditions of sale that apply to the product and/or service in question and that are displayed alongside the presentation or, where applicable, the image of the product and/or service on the Website page. These conditions include, but are not limited to, and depending on the case, the following: name, price, components, weight, quantity, color, product details or characteristics, the method in which the services will be provided, and/or the cost of the services. They also acknowledge that placing the purchase order or acquisition constitutes full and complete acceptance of the specific conditions of sale applicable to each case.

 

Unless expressly indicated otherwise, KUVINGS ESPAÑA is not the manufacturer of the products sold or that may be marketed on the Website. Although KUVINGS ESPAÑA makes great efforts to ensure that the information displayed on the Website is accurate, occasionally the packaging and/or materials and/or components of the products may contain additional or different information than that appearing on the Website. Therefore, the User should consider not only the information provided on the Website, but also the information available on the labeling, warnings, and/or instructions that accompany the product.

 

4. AVAILABILITY

All purchase orders received by KUVINGS ESPAÑA through the Website are subject to product availability and/or to the absence of any circumstances or force majeure (clause nine of these Terms and Conditions) affecting the supply of products and/or the provision of services. If difficulties arise regarding the supply of products or products are out of stock, KUVINGS ESPAÑA undertakes to contact the User and refund any amount that may have been paid. This shall also apply in cases where the provision of a service becomes impossible.

 

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.

 

Shipping costs are included in the final product prices as shown on the Website. KUVINGS ESPAÑA provides delivery and/or shipping services through a transport company.

 

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

 

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

 

The accepted payment methods will be: Credit or debit card, PayPal and bank transfer.

 

KUVINGS ESPAÑA uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system. Credit cards are subject to verification and authorization by the issuing bank. If said bank does not authorize the payment, KUVINGS ESPAÑA will not be responsible for any delay or non-delivery and will not be able to enter into any contract with the User.

 

Once KUVINGS ESPAÑA receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure sufficient funds are available to complete the transaction. The card will be charged at the time the shipping confirmation and/or confirmation of the service being provided is sent to the User in the manner and, where applicable, at the specified location.

 

If the payment method is PayPal, the charge will be made when KUVINGS ESPAÑA sends a confirmation of the purchase order or acquisition of products and/or services to the User.

 

In any case, by clicking "Buy" the User confirms that the payment method used is their own.

 

Purchase orders in which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation, allowing sufficient time for the bank transfer to be taken into account by the payment system used by KUVINGS ESPAÑA for the Website. Once the system receives the transfer, the order will be prepared and processed for shipping.

 

When using this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and transfer reference. In the event of an error, KUVINGS ESPAÑA will not be able to validate the order, which will be canceled.

 

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands)

 

Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the time period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

 

If, for any reason attributable to KUVINGS ESPAÑA, the delivery date cannot be met, the User will be contacted to inform them of this circumstance. The User may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In all cases, home deliveries are made on business days.

 

If delivery is impossible due to the User's absence, the order will be diverted to a nearby Parcel Shop or the destination shipping company, where the Customer may collect it within 9 NINE days of notification of the impossibility of delivery by the shipping company. Failure to collect the order within the specified timeframe may result in it being returned to the warehouse.

 

If the User will not be at the delivery location during the agreed-upon time slot, they must contact KUVINGS ESPAÑA or the Shipping Agency directly to arrange delivery on another day. If 14 calendar days pass since their order is available for delivery and it has not been delivered for reasons not attributable to KUVINGS ESPAÑA, KUVINGS ESPAÑA will understand that the User wishes to withdraw from the contract, and it will be deemed terminated. As a result of the termination of the contract, all payments received from the User will be refunded, except for additional costs resulting from the User's choice of a delivery method other than the least expensive standard delivery method offered by the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed terminated.

 

However, the User should be aware that shipping costs resulting from the termination of the contract may incur additional costs, which may be passed on to the User in the refund of the order.

 

For the purposes of these Terms and Conditions, delivery or the order will be deemed to have occurred when the User or a third party designated by the User acquires physical possession of the products, which will be confirmed by signing the receipt of the order at the agreed delivery address.

 

Any risks arising from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when KUVINGS ESPAÑA receives full payment of all amounts due in relation to the purchase or acquisition, including shipping costs, or at the time of delivery, if this occurs after KUVINGS ESPAÑA has received the full amount due.

 

In accordance with the provisions of Law 37/1992 of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or service will be deemed to be located in the territory applicable to Spanish VAT if the delivery address is located in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally applicable rate at any given time, depending on the specific item in question.

 

7. TECHNICAL MEANS TO CORRECT ERRORS

Users are hereby informed that if they detect an error when entering the data necessary to process their purchase request on the Website, they may modify said data by contacting KUVINGS ESPAÑA through the contact spaces provided on the Website and, where applicable, through those provided for contacting customer service, and/or using the contact information provided in the first clause (General Information). Users may also correct this information through their personal login space on the Website.

 

In any case, before clicking "Buy," the User has access to the space, cart, or basket where their purchase requests are recorded and can make changes.

 

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

 

8. RETURNS, WITHDRAWAL AND WARRANTY

In cases where the User purchases products on or through the owner's Website, they have a series of rights, as listed and described below:

RIGHT OF WITHDRAWAL

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

 

This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the KUVINGS ESPAÑA Website or, in the event that the goods comprising your order are delivered separately, 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that comprised the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was entered into.

 

To exercise this right of withdrawal, the User must notify KUVINGS ESPAÑA of their decision. They may do so, where appropriate, through the contact spaces provided on the Website.

 

Regardless of the means chosen to communicate their decision, the User must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form provided by KUVINGS ESPAÑA as an annex to these Terms and Conditions; however, its use is not mandatory.

 

To comply with the withdrawal deadline, it is sufficient for the communication unequivocally expressing the decision to withdraw to be sent before the corresponding deadline expires.

 

In the event of withdrawal, KUVINGS ESPAÑA will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which KUVINGS ESPAÑA is informed of the User's decision to withdraw.

KUVINGS ESPAÑA will reimburse the User using the same payment method used to make the initial purchase transaction. This reimbursement will not generate any additional costs for the User. However, KUVINGS ESPAÑA may withhold said reimbursement until it has received the purchased products or items, or until the User provides proof of their return, whichever condition is met first.

 

The User must return the products to KUVINGS ESPAÑA at the following address:

 

Bonfilex SA (KUVINGS SPAIN)

C/Primer de Maig, 19

08160 Montmeló

 

And you must do so without undue delay and, in any case, no later than 14 calendar days from the date on which KUVINGS ESPAÑA was informed of the decision to withdraw.

The User acknowledges that they must bear the direct cost of returning the goods (transportation, delivery), if any. Furthermore, they will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set forth in Article 103 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. These include, but are not limited to, personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that, for hygiene or health reasons, are sealed and have been unsealed after delivery.

The provision of a service that the User may contract on this Website is governed by the same law, as this same law establishes that the right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with their recognition that they are aware that, once the contract has been fully executed by KUVINGS ESPAÑA, they will have lost their right of withdrawal.

In any case, no refund will be issued if the product has been used beyond its mere opening, if it is not in the same condition as when it was delivered, or if it has been damaged after delivery.

Likewise, products must be returned using or including all original packaging, instructions, accessories, and any other accompanying documents or components, as well as a copy of the purchase invoice.

The withdrawal form template can be downloaded from the following link: https://www.kuvings.es/modelodesestimiento

 

2. RETURN OF DEFECTIVE PRODUCTS OR SHIPPING ERROR

This refers to all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they must contact KUVINGS ESPAÑA immediately and inform them of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

 

The User will then be informed how to proceed with the return of the products. Once returned, the products will be examined and the User will be informed, within a reasonable timeframe, whether a refund or, if applicable, a replacement is appropriate.

 

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

 

The amount paid for products returned due to a defect, when a defect actually exists, will be fully refunded, including delivery costs and any costs the User may have incurred in processing the return. The refund will be made using the same payment method the User used to pay for the purchase.

 

In any case, the rights recognized by the legislation in force at any given time for the User, as a consumer and user, will always be applicable.

 

3. LEGAL WARRANTY AND COMMERCIAL WARRANTY

The User, as a consumer and user, enjoys guarantees on the products they may purchase through this Website, under the terms legally established for each type of product. KUVINGS ESPAÑA is therefore liable for any lack of conformity that becomes apparent within a period of three years from the date of delivery of the product.

 

In this regard, products are deemed to comply with the contract provided that: they conform to the description provided by KUVINGS ESPAÑA and possess the qualities presented therein; they are suitable for the uses for which products of the same type are ordinarily intended; and they present the quality and performance typical of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to products delivered to the User, the User must proceed as indicated in the section on Return of Defective Products or Shipping Errors. However, some of the products sold on the Website may present non-uniform characteristics, provided that these derive from the type of material with which they were manufactured. Therefore, these will form part of the individual appearance of the product and will not constitute a defect.

 

If this Website indicates a warranty period longer than the legally established one, it will be understood that said warranties are of a commercial nature and, as such, must be subject to the conditions established in the text of said warranties in order to claim their exercise.

 

On the other hand, the User may purchase a product from a third-party brand or manufacturer on the Website. In this case, and considering that the product is defective, the User also has the option of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly against them within three years of delivery of said products. To do so, the User must have retained all information regarding the product warranty.

 

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, KUVINGS ESPAÑA will not accept any liability for the following losses, regardless of their origin:

  • any losses that were not attributable to any breach on its part;
  • business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenditure incurred); or
  • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was entered into between both parties.

 

Likewise, KUVINGS ESPAÑA also limits its liability in the following cases:

  • KUVINGS ESPAÑA applies all measures concerning providing an accurate display of the product on the Website; however, it is not responsible for any minor differences or inaccuracies that may exist due to a lack of screen resolution, or problems with the browser being used, or other similar issues.
  • KUVINGS ESPAÑA will act with the utmost diligence to make the product ordered available to the company responsible for transporting it. However, it is not responsible for damages resulting from transport malfunctions, especially due to causes such as strikes, roadblocks, and, in general, any other causes specific to the sector that result in delays, loss, or theft of the product.
  • Technical failures that, for fortuitous or other reasons, prevent the normal operation of the online service. Website unavailability for maintenance or other reasons, which prevents the service from being available. KUVINGS ESPAÑA uses all available means to carry out the purchase, payment, and shipping/delivery of the products. However, it is not liable for causes beyond its control, such as acts of God or force majeure.
  • KUVINGS ESPAÑA will not be liable for misuse and/or wear and tear of products used by the User. KUVINGS ESPAÑA will also not be liable for incorrect returns made by the User. It is the User's responsibility to return the correct product.
  • In general, KUVINGS ESPAÑA will not be liable for any failure or delay in the fulfillment of any of the obligations assumed, when such failure or delay is due to events beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:

either   Strikes, lockouts or other protest measures.

either   Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.

either   Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

either   Impossibility of using trains, ships, airplanes, motor vehicles or other means of transport, public or private.

either   Inability to use public or private telecommunications systems.

either   Acts, decrees, legislation, regulations or restrictions of any government or authority.

 

Thus, the obligations will be suspended for the duration of the force majeure event, and KUVINGS ESPAÑA will have an extension of the deadline for fulfilling them for a period equal to the duration of the force majeure event. KUVINGS ESPAÑA will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure event.

 

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with KUVINGS ESPAÑA will be electronic (email or notices posted on the Website).

 

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that KUVINGS ESPAÑA sends electronically comply with the legal requirements of being in writing. This condition will not affect the User's legal rights.

The User may send notifications and/or communicate with KUVINGS ESPAÑA through the contact information provided in these Terms and, where applicable, through the contact spaces on the Website.

 

Likewise, unless otherwise stipulated, KUVINGS ESPAÑA may contact and/or notify the User by email or at the postal address provided.

 

11. WAIVER

No waiver by KUVINGS ESPAÑA of any specific right or legal action or failure by KUVINGS ESPAÑA to require strict compliance by the User with any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by KUVINGS ESPAÑA of any of these Conditions or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

 

12. NULLITY

If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force, without being affected by said declaration of nullity.

 

13. COMPLETE AGREEMENT

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and KUVINGS ESPAÑA in relation to the subject matter of the sale and replace any other prior agreement, arrangement or promise made verbally or in writing by the same parties.

 

The User and KUVINGS ESPAÑA acknowledge that they have agreed to enter into a contract without relying on any statement or promise made by the other party, except for those expressly mentioned in these Conditions.

 

14. DATA PROTECTION

Any personal information or data that the User provides to KUVINGS ESPAÑA during a transaction on the Website will be processed in accordance with the provisions of the Privacy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of said information and data and declares that all information or data provided is truthful.

 

15. APPLICABLE LEGISLATION AND JURISDICTION

Access, browsing, and/or use of this Website and any product purchase contracts through it shall be governed by Spanish law.

 

Any controversy, problem, or disagreement arising from or related to access, navigation, and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between KUVINGS ESPAÑA and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

 

16. COMPLAINTS AND CLAIMS

The User may send KUVINGS ESPAÑA any complaints, claims, or any other comments they wish to make using the contact information provided at the beginning of these Terms and Conditions (General Information).

 

In addition, KUVINGS ESPAÑA has official complaint forms available to consumers and users, which they can request from KUVINGS ESPAÑA at any time, using the contact information provided at the beginning of these Conditions (General Information).

 

Likewise, if a dispute arises from the conclusion of this purchase contract between KUVINGS ESPAÑA and the User, the User as a consumer may request an extrajudicial dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC.

 

You can access this method through the following website:

https://ec.europa.eu/consumers/odr/.65