GENERAL CONTRACTING CONDITIONS
1. INFORMATION PRIOR TO CONTRACTING
These General Contracting Conditions regulate the provision of services and sale of products by FIL KATIA, S.A., a company with registered address at Av. Catalunya, s/n - 08296 Castellbell i el Vilar (Barcelona) and Fiscal Identification Number A-61798955 (hereinafter, ‘KATIA.COM’), to Users that contract the services and acquire the products offered on the website www.katia.com (hereinafter, ‘the Website’).
These General Conditions have been drafted in accordance with the provisions of the Information Society and Electronic Commerce Services Act 34/2002, of 11th July; the General Contracting Conditions Act 7/1998, of 13th April; Royal Legislative Decree 1/2007, of 16th November, which approved the Consolidated Text of the Retail Trade Regulation Act 7/1996, of 15th January, and any other legal provisions that may apply.
The acquisition of any of the products and/or services offered by KATIA.COM implies the Users’ acceptance of these General Contracting Conditions.
KATIA.COM informs users that the procedure for acquiring the products and/or services is as described in these General Conditions, as well as any other specific steps indicated on the screen while browsing. As such, the User hereby declares that they are aware of and accept these procedures as necessary for obtaining the products and/or services offered on the Website.
2. PROCEDURE FOR PURCHASING PRODUCTS
The products and/or services offered on the Website by KATIA.COM (hereinafter, ‘the Product/s’) are sold subject to the terms, conditions and prices indicated on the individual Product sheets, which constitute the Specific Contracting Conditions for each Product.
The procedure for purchasing the products on the Website is as follows:
(i) On the information sheet of the desired product, the User has to click the ‘Buy’ option to add it to their shopping basket located in the top right part of the Website. The User can add as many products as they wish to their shopping basket.
(ii) To go to the shopping basket, the User has to click on the ‘Shopping Basket’ option located in the top right part of the Website.
(iii) At this point, the User can: (a) delete products from the list; (b) modify the quantity of each product; (c) see the reference code and unit price of each product selected, the delivery charges and the total price of the order.
(iv) If the User wants to add more products to their shopping basket, they can click on the ‘Continue Shopping’ option. If, on the other hand, they want to continue with the purchasing process for the selected products, they should click on the ‘Process my Order’ option.
(v) If the User is already registered as a customer on KATIA.COM, they have to log in using their e-mail address and password, before clicking on the ‘Process my Order’ option. If they are not yet registered as a customer, the User has to register, entering their full name, e-mail address, password, region and date of birth, before clicking the ‘Create Account’ option.
(vi) The User can then view the corresponding delivery period and delivery charges.
(vii) Next, the User must select one of the following available payment methods:
• Credit card - Visa and Mastercard are accepted. The payment will take place in secure mode using the CaixaBank payment gateway, which is certified with the ‘Verified by Visa’ stamp.
• PayPal – This payment service enables you to make payment directly from your PayPal account without having to provide your bank details. PayPal automatically encrypts your confidential information to ensure a secure payment method.
(viii) Lastly, the User has to enter the details requested depending on the payment method and confirm payment.
(ix) The purchase confirmation will appear on the screen with the order number.
• If the User has bought a digital product, they can download it and will receive the invoice corresponding to the purchase.
• If the product purchased is physical, the User will receive an e-mail specifying the assigned store that will proceed with the dispatch and invoicing of the order. the assigned store will be the nearest store that has the product available and which can offer the customer the best service.
In the event that the User does not receive the confirmation, they should send us an e-mail to email@example.com or call us on 938340201.
3. LEGAL EFFECTS OF THE CONTRACT
A purchase request from a User for a Product is deemed to be the closure of a binding purchase agreement.
This agreement takes effect when the User validates the payment for the Product and this payment is verified by KATIA.COM with the purchase confirmation indicating the order number provided to the User.
In accordance with the provisions of the Information Society and Electronic Commerce Services Act 34/2002, KATIA.COM hereby informs the User that this electronic contract will not be stored by third parties and the language chosen for its completion is Spanish.
The registered User is responsible for the safekeeping of their password at all times and, as such, they are liable for any damages or losses that may be incurred as a result of the misuse, transfer, disclosure or loss of their password.
In this respect, access to restricted areas and/or the use of the Website’s services and contents using the password of a registered User shall be attributed to this registered User, who is liable in all cases for this access and use.
5. CORRECTION AND IDENTIFICATION OF ERRORS IN THE DATA ENTERED
In the event that the User forgets to enter some of the required information, as indicated by a red asterisk, they cannot proceed with the contracting or validation process until they have rectified the oversight. A message will appear on the screen to notify the User of the issue.
As explained in the description of the purchasing procedure contained in these General Conditions, the User can review and modify the order information before completing the purchase.
6. DELIVERY OF THE ORDER
As mentioned earlier, the User will receive the product at the address indicated by the User. The orders will be delivered by a courier firm to the delivery address freely chosen by the User, within a period of 2 to 5 working days from the first working day following the formalization of the contract.
KATIA.COM accepts no liability for the failure to deliver the product or service as a result of incorrect or false information provided by the User for this purpose, or in the event that it is not possible to deliver the product or service because the intended recipient is absent. In such a case, the User can decide to pay the delivery charges for a new dispatch.
In the event that it is not possible to execute the contract because the product contracted is unavailable, KATIA.COM will notify the User of the situation, and they can choose between the following options:
1) Getting a refund of the full amount paid within the framework of the contract, without any unreasonable delay.
2) Allowing KATIA.COM to provide a product of similar characteristics and the same or superior quality, with no increase in price. In this case, the User can exercise their rights of withdrawal and cancellation under the same terms and conditions as would apply in the case of the product initially acquired.
6.5. PRICE AND DELIVERY CHARGES
Unless otherwise stated, the prices indicated for each product include Value Added Tax (VAT) and, in all cases, they are expressed in euros (€). Unless otherwise indicated, the prices do not include delivery charges, delivery insurance or any other additional services or supplements to the product acquired.
The prices shown on the Website may be revised and updated at any time, with the prices applied at the time of purchase being valid in each case. On certain dates, there may be discounts and promotions that reduce the price of the Products, but these discounts and promotions shall not be applied to additional costs.
The prices with discounts and promotions are not cumulative and are only applicable during the period over which discount and promotion in question runs.
KATIA.COM only sends its Products to mainland Spain and the Balearic Islands, not including Ceuta, Melilla or the Canary Islands.
People resident in Ceuta, Melilla, the Canary Islands or any other part of the European Union can purchase the Products offered on KATIA.COM, but the processing of the shipping of the Products acquired will be the exclusive responsibility of the User. In such cases, KATIA.COM will only inform the User of the physical store that they have been assigned so that the User can organize the collection of their order.
The delivery charges are calculated based on the quantity of items to be delivered, unless there is a special offer that specifies otherwise.
The delivery charges are shown per order and include VAT.
On completion of this process, before processing your order, the total amount of charges will be shown on the screen. If you accept these charges, you have to confirm your order and move on to the payment stage.
8. ISSUING INVOICES
The User acknowledges and accepts that they will be sent the corresponding invoices by the assigned store, at the time of receipt of the order confirmation.
9. RETURNS AND EXCHANGES
The procedure for returning/exchanging products is as follows:
(i) The return/exchange of goods purchased on the Website must be processed by the assigned store. In all cases, the User is liable for the delivery charges for sending the returned/exchanged goods.
(ii) In the event of exchanging items on special offer, subject to a discount that applies to a single item or the entire purchase, the amount to be taken into consideration for the purpose of replacing a Product with another Product of equal value will be the amount that the User paid for the product, which appears on the proof of purchase, not the price of the item if the special offered did not apply.
(iii) On receipt of the returned products, they will be carefully inspected to ensure that they are in perfect condition, with the internal labelling and original packaging, if applicable. Once this process is completed, the new product will be sent to the address specified by the User.
(iv) Once the refund has been approved, the User will receive payment of the corresponding amount via the same payment method use to make the purchase. KATIA.COM reminds Users that the availability of the amount refunded, after it has been approved by us, depends on the bank that issued the credit/debit card used to make the purchase and/or the PayPal payment gateway.
9.2 Period for returning goods
The User has 14 calendar days from the date of receipt of the product to return the goods. KATIA.COM reserves the right to refuse to accept returned goods sent after this deadline, or goods that are not in the same condition in which they were sent to the user.
9.3 Delivery charges
In the case of Products returned after the maximum period of 14 calendar days, the User is liable for all expenses incurred for returning the Products.
In the event of any incident during the return/exchange procedure (e.g. incorrect amount refunded, faulty item, incorrect order, etc.), the User must contact the assigned store.
10. RIGHT OF CANCELLATION
10.1. Cancellation period
The User has the right to cancel the contract formalized via the Website within 14 calendar days, without the need for any justification. In the case of a contract for the delivery of several products ordered by the User on the order and delivered separately, the period expires 14 calendar days from the date on which the User or a third party assigned by them, other than the delivery person, takes material possession of the last of the goods ordered.
To exercise their right of cancellation, the User must notify KATIA.COM of their decision to cancel the contract through an unequivocal statement (such as a posted letter, fax or e-mail).
To comply with the cancellation period, it is sufficient that the notification of the User’s desire to exercise their right in this respect is sent before the corresponding deadline expires.
10.2 Complaints claims and enquiries
The User can communicate any complaints, claims or enquiries to KATIA.COM’s Customer Service Department through any of the following channels:
• By post, to the KATIA.COM Customer Service Department, Av. Catalunya, s/n - 08296 Castellbell i El Vilar (Barcelona).
• By e-mail, to firstname.lastname@example.org or by telephone, on 938340201
KATIA.COM will respond to all complaints, claims and enquiries as soon as possible and, in all cases, within a month of receipt of the corresponding communication.
11. CANCELLATION AND TERMINATION.
KATIA.COM reserves the right to refuse a User access to the Website and/or their Registered User Panel under any of the following circumstances:
(i) Non-payment for the Product acquired;
(ii) Failure to fulfil all or part of their obligations arising from these General and Specific Contracting Conditions;
(iii) Use of the Website for commercial purposes or to disseminate the information obtained in any way;
(iv) Actions that violate the industrial and intellectual property rights of KATIA.COM with respect to the contents and products and/or services on the Website;
(v) Use of the Website, its contents or the products and/or services for purposes or effects that breach the law, moral or public order, the generally accepted standards of good conduct and/or the instructions received from KATIA.COM;
(vi) Actions that may cause, on the Website or via any other means, any type of damage to the computing systems of KATIA.COM or any third party;
(vii) Use of the Website to send advertising or communications for the purpose of direct sales or for any other kind of commercial purpose, unsolicited messages sent to several people, regardless of their purpose, whether directly or covertly in the form of mass mailings (spam);
(viii) Collecting and/or using other Users’ personal data without their express consent or in violation of the provisions of the Personal Data Protection regulations applicable at any given time.
12. PERSONAL DATA PROTECTION.
In accordance with the provisions of the current Data Protection Act, Users are hereby informed that the personal data collected directly from the User via the purchase form and/or registration process for the product and/or service selected will be processed confidentially and incorporated in the respective automated files owned by and under the responsibility of KATIA.COM, to be processed by KATIA.COM in its capacity as proprietor and by its employees, if applicable, for the purpose of storing basic information about the Users of KATIA.COM to provide the corresponding services and subsequent invoicing.
The data provided will be kept until the User requests the termination of the activity or throughout the period required to comply with the company’s legal obligations. The data will not be transferred to third parties except in situations in which there is a legal obligation to do so.
The User guarantees that the personal data provided to KATIA.COM are true and accurate and agrees to communicate any modification to this data. In all cases, the User is solely liable for any false or inaccurate information that they provide and any damages that may be incurred by KATIA.COM, the Website or third parties as a result of the information provided.
At any time, the User may exercise their ARCO rights: the right of access, rectification, withdrawal, cancellation, transparency, restriction, portability and opposition with respect to their personal data, by writing to FIL KATIA, S.A., Av. Catalunya, s/n - 08296 Castellbell i el Vilar (Barcelona), by email to Info@katia.com, or by making a request via any other means for which there proof of sending and receipt.
The User is also notified that, in the event of disagreement in relation to the way in which their personal data is processed, they may lodge a complaint with the Spanish Data Protection Agency, as the Control Authority in this respect, at the following address: Calle Jorge Juan, 6 (28001 Madrid).
13. INVALIDITY AND UNENFORCEABILITY OF THE CLAUSES
In the event that any clause included in these General Conditions (or the Specific Conditions of each Product) is declared totally or partially null or void, only the clause in question or the part of it deemed null or void shall be affected, with all other clauses and terms of these General Conditions and/or Specific Conditions remaining in force, with the clause in question being considered totally or partially removed, as applicable.
In the event that KATIA.COM does not exercise any right or action stipulated in the contract, this does not imply that the right or action in question has been waived, except when such a waiver is acknowledged and agreed in writing by KATIA.COM.
14. APPLICABLE LEGISLATION
Any dispute or conflict in relation to the terms and conditions that comprise this contract, as well as any issue related to the products and/or services on this Website, are subject to Spanish law, to which the parties hereby expressly submit, with the Courts and Tribunals of the consumer/user’s place of residence being the competent authorities for resolving any disputes arising from or related to its use.