General conditions of sale
1- GENERAL INFORMATION
The ownership of this website, https://www.kalamulur.com, (hereinafter Website) is held by: kalamulur and whose contact information is:
Calle Ermiñeta 1, 3 Izda.4, 31830 Lakuntza (Nafarroa)
Contact email: firstname.lastname@example.org
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (https://www.kalamulur.com) and the purchase or acquisition of products and / or services in it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Kalamulur develops through the Website comprises:
Textile products made by hand in Nepal and other countries.
Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time he accesses, navigates and / or uses the Website, since those that are in force at the time the purchase of products and / or services are requested will be applicable.
For all the questions that the User may have in relation to the Conditions, they can contact the owner using the contact details provided above or, where appropriate, using the contact form.
2- THE USER
Access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which they are accepted, from the start of browsing the Site Web, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations depending on the case.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
- Do not make any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be canceled and the relevant authorities informed.
- Provide true and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed mainly at Users residing in Spain. Kalamulur does not ensure that the Website complies with the laws of other countries, either totally or partially. Kalamulur declines any responsibility that may arise from said access, nor does it ensure shipments or provision of services outside of Spain.
The User may formalize, at their choice, with Kalamulur the contract for the sale of 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 can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure of https://www.kalamulur.com , during which various products and / or services can be selected and added to the cart, basket or space final purchase and, finally, click on "Checkout".
Likewise, the User must fill in and / or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase details may be modified.
The User can, if she so wishes, obtain a copy of her electronic invoice that will be sent to the User via email, requesting it to Kalamulur through the email email@example.com.
The User acknowledges being up-to-date, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, where appropriate, its image on its page of the Website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out performance and / or cost of services; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, Kalamulur is not the manufacturer of the products sold or that may be marketed on the Website. Although Kalamulur makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and / or the materials and / or components of the products may contain additional or different information than that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, the warnings and / or instructions that accompany the product.
All purchase orders received by Kalamulur through the Website are subject to the availability of the products and / or to any circumstance or force majeure (clause nine of these Conditions) affecting the supply thereof and / or the provision of services. If there are difficulties in the supply of products or there are no products in stock, Kalamulur undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will also be applicable in cases where the provision of a service becomes unfeasible.
5- PRICES AND PAYMENT
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card and PayPal.
Kalamulu uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Kalamulur will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
In any case, by clicking on "Add to cart and Finish Order" the User confirms that the payment method used is his.
In the cases in which it is appropriate to carry out the physical delivery of the contracted good, the deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe and the World.
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the period indicated in 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 order confirmation.
If for any reason, attributable to it, Kalamulur could not meet the delivery date, it will contact the User to inform him of this circumstance and, he may choose to go ahead with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. In any case, home deliveries are made on working days.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Kalamulur, Kalamulur will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned, except for the additional costs resulting from the User's own choice of a delivery method other than the less expensive mode of ordinary delivery offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.
For the purposes of these Conditions, it shall be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Kalamulur receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a time after the full receipt of the amount being paid by Kalamulur.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.
In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006 on the common VAT system, purchase orders will be located, for delivery and / or provision, in that Member State of the European Union in which the address that appears in the purchase order is located and, therefore, the applicable VAT will be the one in force in that Member State.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992 and Directive 2006/112, without prejudice to the application of taxes and duties corresponding to the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these could be on their part.
For the rest of locations, different from the previous ones, where the purchase orders will be located, for their delivery and / or provision, the current regulations will be applied at all times; The User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with current regulations at destination, and that these could be on their part. For more information, the User must go to the customs office at the destination.
7- TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case he detects that an error has occurred when entering the necessary data to process his purchase request on the Website, he may modify them by contacting Kalamulur through the spaces contact details enabled on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through their personal connection space to the Website.
In any case, the User, before clicking on "Complete Purchase", has access to the space, cart, or basket where their purchase requests are noted and can make modifications.
As established by current legislation, returns of editorial products are not allowed: magazines, digital magazines and books.
In the case of other products, there will be a maximum period of fourteen calendar days from delivery by previously contacting us through the email firstname.lastname@example.org.
For hygiene and health reasons, Kalamulur restricts the returns of textile garments that are unsealed or outside their original seal, therefore, their return will not be accepted.
9- Right of Withdrawal
The User, as 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 from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods acquired on the Kalamulur Website or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the In the case of a service contract, 14 calendar days from the day the contract is signed.
To exercise this right of withdrawal, the User must notify Kalamulur of his decision. You can do so, where appropriate, through the contact spaces provided on the Website or through:
The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Kalamulur makes available as a part attached to these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is enough that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, Kalamulur will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the less expensive method offered on the Website ) without any undue delay and, in any case, no later than 14 calendar days from the date on which Kalamulur is informed of the User's decision to withdraw.
Kalamulur will reimburse the User using the same payment method used by the User to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Kalamulur could retain said refund until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.
The User can return or send the products to Kalamulur at:
And you must do so without any undue delay and, in any case, no later than 14 calendar days from the date Kalamulur was informed of the withdrawal decision.
The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, you will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges knowing 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. By way of example, and not exhaustive, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as factory-sealed; products that for hygiene or health reasons are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User may contract on this Website is governed, as this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has started, with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by Kalamulur, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery .
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.
In the following link you can download the Model withdrawal form:
10- Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the provisions of the contract or purchase order, and that, therefore, they should contact with Kalamulur immediately and let you know the existing disagreement (defect / error) by the same means or by using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, if the refund or, where appropriate, the replacement of it.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item proceeds .
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always be observed.
11- Cancellation of a periodic subscription
Kalamulur will return at the request of the subscriber the amount proportional to the time that has not elapsed, paid by him for the subscription, using the same means of payment used by the subscriber for the subscription, unless the subscriber had expressly provided so contrary. For the appropriate purposes, it is stated that the part of the price corresponding to the copies of the magazine already supplied will not be refunded.
In the case of a digital edition subscription, it will be understood that it has already been supplied at the time the subscriber had started downloading. For these purposes, it is stated that the amount of the copies already supplied will be equivalent to the average amount of a subscription day that results from dividing the total amount paid by the total days of the subscription.
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the legally established terms for each type of product, Kalamulur responding, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Kalamulur and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily used; and present the usual quality and benefits of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and that therefore will form part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could be the case that the User acquires a product from a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he or she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.
13- DISCLAIMER OF LIABILITY
Except for legal provision to the contrary, Kalamulur will not accept any responsibility for the following losses, regardless of their origin:
- any losses that were not attributable to any breach on your part;
- business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses 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 formalized between both parties.
Likewise, Kalamulur also limits its liability in the following cases:
- Kalamulur applies all the measures concerning to provide a faithful display of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or browser problems that is used or others of this nature.
- Kalamulur will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product.
- Technical failures that, due to fortuitous or other causes, prevent the normal functioning of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Kalamulur uses all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however it disclaims responsibility for causes that are not attributable to it, unforeseeable circumstances or force majeure. p>
- Kalamulur will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Kalamulur will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
In general, Kalamulur will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, they are due to force greater, and this may include, but not limited to:
- Strikes, lockouts or other protest measures.
- Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, boats, planes, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the force majeure continues, and Kalamulur will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure cause. Kalamulur will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.
14- WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Kalamulur are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Kalamulur sends electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with Kalamulur through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Kalamulur may contact and / or notify the User by email or at the postal address provided.
No waiver by Kalamulur of a specific right or legal action or the lack of requirement by Gigantes Store for strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with its obligations.
No waiver by Kalamulur of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
17- ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and Kalamulur in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing for the same parts.
The User and Kalamulur acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
18- DATA PROTECTION
19- APPLICABLE LEGISLATION AND JURISDICTION
Access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Kalamulur and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
20- COMPLAINTS AND CLAIMS
The User can send Kalamulur their complaints, claims or any other comment they wish to make through 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 Kalamulur and the User, the User as a consumer may request an out-of-court solution of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of 21 May 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.
Last modified: January 2, 2020