General Terms and Conditions of Use and Sale
The present General Terms and Conditions of Use and Sale (hereinafter, T&Cs) regulate the use of the website www.k89.es (hereinafter, the Website), which is owned by Vitafran S.L (hereinafter, K89). Vitafran S.L is a Spanish limited liability company with its registered office at Ctra. de San Javier Km. 11.5, Nave 7. Los Ramos Murcia 30589, registered in the Commercial Registry of [City], in volume [Volume], folio [Folio], sheet number [Sheet Number], with CIF number B30325757. Through its website www.k89.es, K89 provides information about its products and services and offers the possibility of contracting them. Due to the content and purpose of the Website, those who wish to benefit from its services must have the status of Client, which is acquired by completing the registration form and following the steps that K89 subsequently confirms via email. The status of Client implies adherence to the T&Cs in the version published at the time of accessing the Website. In any case, there are pages on the Website accessible to individuals or legal entities who do not register or initiate a product purchase (hereinafter, Users). In this sense, Users who access these parts of the Website accept to be bound by the terms and conditions set forth in these General Terms and Conditions of Use, to the extent that they may be applicable. K89 wants to inform its Clients and Users that it is exclusively targeting an audience over 16 years of age and that the territory in which it accepts and distributes orders is limited to Peninsular Spain, the Balearic Islands, and the Canary Islands (hereinafter, the Territory). For shipping outside these areas, please contact us.
Product Information
The descriptions of the products displayed on the Website are based on the information provided for each product manufactured by K89. The photographs or videos related to the products and the trade names, trademarks, or distinctive signs of any kind contained on K89's Website are about the actual items offered for sale to provide the most truthful and accurate information about the product and its characteristics. However, the user must take into account that they are not exhaustive.
Prices
All product prices indicated through the Website include VAT and other applicable taxes and are calculated in Euros. However, these prices do not include the shipping costs of the products, which are detailed separately and must be accepted by the client, with no other unspecified costs for the acquisition of the product. Information about the discount obtained when buying from K89 and price comparisons is calculated using the list prices provided by the supplier or using the prices verified by K89 services at points of sale.
Availability
Under no circumstances will K89 intentionally put up for sale more units than those reserved by the supplier. K89 will do its best to satisfy all its Clients' product demands. However, occasionally, and due to causes beyond K89's control, such as human errors or incidents in the computer systems, it is possible that the quantity ultimately supplied by the supplier differs from the order placed by K89 to fulfill the Clients' orders. In the event that the product is not available after the order has been placed, the Client will be informed by email of the total or partial cancellation of the order. The partial cancellation of the order due to unavailability does not entitle the Client to cancel the entire order. If, as a result of this cancellation, the client wishes to return the delivered product, they must follow the procedure stipulated in the Return section.
Payment
The Client agrees to pay at the time of ordering, except in cases where they wish to receive the purchase COD (Cash on Delivery) if such a payment method exists, in which case the Client will pay the expenses upon receipt of the merchandise. The initial price indicated on the Website will be increased by the corresponding shipping fees. In any case, these fees will be communicated to the Client beforehand before formalizing the purchase. The purchase receipt or proof corresponding to the purchase order will be available and can be viewed on www.k89.es in the "My Account" section, Orders. The Client must pay the amount corresponding to their order by credit card (Visa, Maestro, Mastercard, Euro 6000, American Express) or via PayPal if this option exists. The card used for payment must be issued by a Spanish bank or savings bank. The Client must notify Vitafran S.L of any undue or fraudulent charges on the card used for purchases, by email or telephone, as soon as possible so that Vitafran S.L can take appropriate action.
Security
K89 uses the highest commercially available security measures in the sector. Additionally, the payment process operates on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, ensuring that it is only intelligible to the Client's computer and the Website's server. Thus, using the SSL protocol guarantees:
- That the Client is communicating their data to K89's server center and not to any other attempting to impersonate it.
- That the data between the Client and K89's server center is transmitted encrypted, preventing its possible reading or manipulation by third parties. Likewise, K89 states that it does not have access to confidential data related to the payment method used and therefore does not store them. Only the bank responsible for the operation has access to these data for payment and collection management, which are inaccessible to other third parties.
Order Formalization
Once the order has been formalized, meaning with the acceptance of the T&Cs and the confirmation of the purchase process, K89 will always send an email to the Client confirming the details of the completed purchase, an identification code of the purchased item, and a brief description of it.
Order Cancellation
K89 will accept order cancellations when requested before the completion of the purchase. Email requests will not be accepted. The cost of canceling an order is 2 euros, except when the reason is to expand the order or change the size of a product, in which case you must inform us by sending an email. To cancel, access the My Account: Orders section and click the Cancel button. Once the current sale is completed, cancellations will not be accepted for operational reasons. If you still wish to cancel an order after the current sale is completed, you must proceed with a return.
Delivery Times, Delivery Location, and Lost Items
I. Product Delivery
K89 commits to delivering the product in perfect condition to the address indicated by the Client on the order form, which must always be within the Territory, or at the pick-up point if the client has chosen this option. To optimize delivery, we appreciate it if the Client indicates an address where the order can be delivered during normal working hours. K89 will not be responsible for delivery errors when the delivery address entered by the Client in the order form does not match reality or has been omitted. K89 informs the Client that the same order may be divided into several deliveries.
II. Delivery Time
The maximum delivery time is 15 days from the date of purchase completion. In cases of delivery delays, K89 will inform its Clients as soon as it becomes aware of them. Each delivery is considered made from the moment the transport company makes the product available to the Client, which is materialized through the control system used by the transport company. In the event of delays in the delivery of orders attributable to K89, the Client may cancel their order. Delays in delivery will not be considered those cases in which the order has been made available to the Client by the transport company within the agreed time frame, and it could not be delivered for reasons attributable to the Client.
III. Delivery Data, Undelivered Deliveries, and Lost Items
If the Client is absent at the time of delivery, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. K89, as part of the courier delivery service, will perform a series of follow-up actions (calls to clients at different times, SMS sending) to ensure delivery. If 7 business days have passed since the order was sent out for delivery without the delivery being arranged, the Client must contact K89. If the Client does not proceed accordingly, 10 business days after the order was sent out for delivery, it will be returned to our warehouses, and the Client will be responsible for the shipping and return-to-origin costs, as well as any associated management costs. If the reason for not being able to make the delivery is the loss of the package, our carrier will initiate an investigation. In these cases, the response times of our carriers typically range from one to three weeks. If the Client chooses the delivery method to a Pick-Up Point, through the transport offices, they must contact our Customer Service for any queries.
IV. Delivery Diligence
The Client must check the package's good condition in the presence of the carrier who, on behalf of K89, delivers the requested product, indicating any anomaly detected in the packaging on the delivery note. If, subsequently, once the product has been reviewed, the Client detects any incident such as a blow, breakage, signs of having been opened, or any defect caused by the shipment, the Client undertakes to inform K89 via email at info@k89.es as soon as possible and within a maximum of 7 business days from the delivery.
Returns
I. Return Procedure
All products purchased from K89 may be returned and refunded, provided that the Client communicates to K89 their intention to return the purchased product(s) within a maximum period of 10 business days from the delivery date and that the other conditions established in this section are met. K89 will only accept returns that meet the following requirements:
- The product must be in the same condition as it was delivered and, as far as possible, retain its original packaging and labeling.
- The shipment must be made using the same box or envelope in which it was sent, or failing that, in a similar format that guarantees the return in perfect condition.
- A copy of the delivery note must be included in the package, marking the products as well.
To facilitate the return process for Clients and to be able to correctly track it, K89 establishes a single return procedure for both deliveries to My Address and shipments to a Pick-Up Point in the transport company's network. If the reason for the return is attributable to K89 (the product is defective, not the one you ordered, etc.), this service is free of charge. If the reason is another (the products were correctly served but are not to your liking), K89 will refund the cost of the products, including the initial shipping costs; however, the return shipping costs will be borne by the consumer and will vary depending on the weight and/or volume of the item to be returned, with the client being able to choose the most convenient return shipping method for their interests. For now, we do not ship items to the Balearic and Canary Islands. To proceed with a simple and hassle-free return, you must follow these steps: once you confirm your return via email to info@k89.es, K89 will schedule the pick-up and inform the Client via email of the date and time it will occur. K89 will not be responsible for the expenses incurred by those returns made without respecting the steps established in this procedure.
II. Refunds to the Client
Only if the delivered product is defective or incorrect, K89 will reimburse the Client the total amount paid for the purchase of said product, as well as the corresponding return shipping costs. Partial returns and cancellations will result in partial refunds. K89 will process the refund order under the same system used for payment within 48 hours from the confirmation of receipt at the warehouse of the returned order. The application of the refund to the Client's card will depend on the card and the issuing entity. The application period will be up to 30 days for credit cards.
III. Right of Withdrawal
The Client and User who contracts K89's items will have the right to withdraw from the contract. However, Vitafran S.L may require the Client and User to bear the direct cost of returning the good or service.
Warranty of Acquired Products
K89 acts as a distributor of merchants, manufacturers, or wholesalers, as legally established, for a period of two years from the delivery date. Likewise, it guarantees that the products offered for sale on www.k89.es are backed by reliable commercial firms, offer the highest quality, work correctly, and do not have defects or hidden flaws that could make them dangerous or unsuitable for normal use. The contractual warranty offered is the one specified by the supplier or manufacturer, in accordance with Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users. The duration of these warranties is clearly detailed in the product descriptions. The warranty does not cover deficiencies caused by negligence, blows, improper use or handling, unsuitable voltage, electrical accidents, installation and/or use not carried out by the authorized Technical Service when appropriate, or materials subject to wear and tear due to normal use. Products modified or repaired by the Client or any other unauthorized person by the manufacturer or supplier are excluded from the warranty. The warranty will not apply to apparent defects and product non-conformities, for which any claim must be made by the Client in question within 7 days following the delivery of the products. The repair or replacement of the item in case of non-conformity will be free for the Client. This gratuity will include the necessary expenses incurred to correct the non-conformity of the products with the contract, especially the shipping costs, as well as the labor and materials costs. Regarding computer items, the warranty will not cover the removal of viruses, software recovery for this reason, or the reinstallation of software caused by its deletion. The warranty will lose its validity:
A) If some of the data of the warranty or the purchase receipt are modified, altered, or replaced.
B) If both the identification number and the guaranteed product itself are handled or repaired without the knowledge of the Technical Service or the company responsible for the warranty.
C) If it lacks the purchase receipt or delivery note from K89. To use the warranty, it is essential to keep the warranty certificate along with the purchase receipt or delivery note from K89. Once the Client has received the product, they will have an information leaflet from the brand, sufficient instructions for the correct use and installation of the product, and all the warranty information. No Client may request a more extensive warranty than indicated therein. The Client may enforce the warranty of a product according to the current regulations on consumer product warranties. In case of doubt, you can contact K89 through the information provided on the website to receive help on the steps to follow and the necessary information for presenting the relevant claims. The seller is responsible for any non-conformities that appear within two years from delivery. The consumer and user must inform the seller of the non-conformity within two months from when they became aware of it.
Intellectual and Industrial Property
K89 holds all rights to the content, design, and source code of this website and, in particular, but not limited to, the photographs, images, texts, logos, designs, trademarks, trade names, and data included on the web. Clients and Users are warned that such rights are protected by current Spanish and international intellectual and industrial property legislation. Likewise, and without prejudice to the above, the content of this website is also considered a computer program, and therefore, all applicable Spanish and European Community regulations on the subject apply. The total or partial reproduction of this website, even through a hyperlink, or any of its contents, without the express and written permission of K89, is expressly prohibited. Also, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication, and/or any other action that involves an infringement of current Spanish and/or international regulations regarding intellectual and/or industrial property is strictly prohibited, as well as the use of the web contents if not with the prior express and written authorization of K89. K89 informs that it does not grant any implicit license or authorization over the intellectual and/or industrial property rights or any other right or property related, directly or indirectly, to the contents included on the web.
Access and Stay on the Web. Our Content
Clients and Users are entirely responsible for their conduct when accessing the information on the web, while browsing it, and after accessing it. As a result of the above, Clients and Users are solely responsible before Vitafran S.L and third parties for:
A. The consequences that may arise from the use, for illicit purposes or effects or contrary to this document, of any content on the web, whether created or not by K89, published or not under its official name.
B. The consequences that may arise from the use contrary to this document's content and detrimental to the interests or rights of third parties, or that in any way may damage, disable, or deteriorate the web or its services or prevent normal enjoyment by other Users.
Vitafran S.L reserves the right to update the contents whenever it deems appropriate, as well as to eliminate, limit, or prevent access to them, temporarily or definitively, and to deny access to the web to Clients and Users who misuse the contents and/or breach any of the conditions appearing in this document. Vitafran S.L informs that it does not guarantee:
A. That access to the web and/or linked websites will be uninterrupted or error-free;
B. That the content or software that Clients and Users access through the web or linked websites does not contain any errors, computer viruses, or other elements in the contents that may cause alterations in their system or in the electronic documents and files stored in their computer system or cause other types of damage;
C. The use that Clients and Users may make of the information or content of this web or linked websites for their personal purposes.
The information contained on this website should be considered by Clients and Users as informative and guiding, both concerning its purpose and its effects, which is why K89 does not guarantee the accuracy of the information contained on this website and, therefore, does not assume any responsibility for possible damages or inconveniences to Users that may result from any inaccuracy present on the web.
Our Responsibility
Vitafran S.L assumes no liability arising, by way of illustration but not limitation:
A. From the use that Clients or Users may make of the materials on this website or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the web or third parties.
B. From the possible damages and losses to Clients or Users caused by normal or abnormal operation of the search tools, the organization, or the location of the contents and/or access to the web and, in general, from errors or problems that may arise in the development or instrumentation of the technical elements that the web or a program provides to the User.
C. From the contents of those pages that Clients or Users can access from links included on the web, whether authorized or not.
D. From acts or omissions of third parties, regardless of whether these third parties may be linked to Vitafran S.L by contract.
E. From the access of minors to the contents included on the web, being the responsibility of their parents or guardians to exercise adequate control over the activity of the children or minors in their care or to install some of the tools for controlling the use of the Internet to avoid (i) access to materials or contents not suitable for minors, as well as (ii) sending personal data without prior authorization from their parents or guardians.
F. From communications or dialogues during debates, forums, chats, and virtual communities organized through or around the web and/or linked websites, and therefore, it will not be responsible for the possible damages and losses that Clients or Users, individuals and/or groups, may suffer as a result of said communications and/or dialogues.
K89 will not be responsible in any case when:
A. Errors or delays occur in accessing the Website by the Client when entering their data in the order form, the slowness or inability of the recipients to receive the order confirmation or any anomaly that may arise when these incidents are due to problems on the Internet, fortuitous events or force majeure, and any other unforeseeable contingency beyond K89's good faith.
B. Failures or incidents that may occur in communications, deletion, or incomplete transmissions, so that it is not guaranteed that the website services are constantly operational.
C. Errors or damages produced to the website by inefficient and bad faith use of the service by the Client.
D. The non-operability or problems with the email address provided by the Client to send the order confirmation.
In any case, K89 is committed to solving any problems that may arise and providing all the necessary support to the Client to reach a quick and satisfactory resolution of the incident. Furthermore, K89 has the right to conduct promotional campaigns at defined intervals to promote the registration of new Clients in its service. K89 reserves the right to modify the conditions of application of the promotions, extend them by duly communicating it, or exclude any participants from the promotion if it detects any anomaly, abuse, or unethical behavior in their participation.
Use of Cookies
The use of cookies is necessary for our website. Small data files, cookies, are used to improve the service provided by K89 but do not store any personal information regarding the users; the information obtained is anonymous. If you wish, you can configure your browser to be notified on-screen of the receipt of cookies and to prevent the installation of cookies on your hard drive. Please consult your browser instructions and manuals for further information.
Nullity
If any clause of these T&Cs is declared null, the remaining clauses will remain in force and will be interpreted considering the parties' will and the purpose of these T&Cs. K89 may choose not to exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of these rights unless expressly recognized by K89 or prescription of the corresponding action in each case.
Modification of the Terms of Use
Vitafran S.L reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Terms and Conditions of Use. Therefore, K89 recommends that the Client read them carefully each time they access the Website. Clients and Users will always have these T&Cs in a visible location, freely accessible for any consultations they may wish to make. In any case, the acceptance of the T&Cs will be an essential step before acquiring any product available through the Website.
Applicable Law and Jurisdiction
These General Terms and Conditions of Use are governed by Spanish law. In the event of a dispute arising from these general conditions and to resolve conflicts, the parties submit, at their free choice, and with waiver of any other jurisdiction, to the courts and tribunals of the user's domicile.
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