Conditions d'utilisation

1. GENERAL INFORMATION

The ownership of this website kuori.es, (hereinafter Website) is held by: KUORI BARCELONA, SL, provided with NIF: B05359179 and registered in: Commercial Register of Barcelona; and whose registration details are: Volume 47818, Folio 36, Page 563185, and whose contact details are:

Address: Av. República Argentina, 9-11. Entl. 2a (08023) Barcelona

Contact telephone:(+34) 644 805 363

Contact email: hola@kuori.es

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (kuori.es) and the purchase or acquisition of products and / or services on it (hereinafter, Conditions).

For the purposes of these Conditions it is understood that the activity that kuori develops through the Web Site includes:

Marketing and distribution of mobile accessories.

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

Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so it is accepted, from the time you start browsing the Website, all the Conditions set forth herein, as well as its subsequent amendments, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

• Make use of this Website only to make inquiries and legally valid purchases or acquisitions.

• Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.

• To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.

The User may conclude, at his/her choice, with kuori the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Web Site.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase on the Website by the means and in the manner established. They must follow the kuori.es online purchase and/or acquisition procedure, during which various products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on:"Finalize the order".

Also, the User must fill in and / or check the information requested at each step, although, during the purchase process, before making the payment, you can modify the purchase data.

Subsequently, the User will receive an email confirming that kuori has received your order or request for purchase and / or provision of service, ie order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped.Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mailand, where appropriate, through his or her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it fromkuoriusing the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are displayed next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the realization of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments involved in transactions carried out on the Website may be archived and kept in the computerized records of kuori in order to constitute a means of proof of the transactions, in any case in compliance with reasonable security conditions and with the applicable laws and regulations in force in this regard, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR) and the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by kuori through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of services. In the event of difficulties in the supply of products or products not being in stock, kuori undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Web Site are final prices, 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 prices of the products as displayed on the Website.

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

The prices can change at any time, but the possible changes will not affect the orders or purchases with respect to which the User has alreadyreceived an order confirmation.

The accepted means of payment will be: Paypal, credit or debit card.

Credit cards will be subject to checks and authorizations by the issuing bank, if the issuing bank does not authorize payment, kuori will not be responsible for any delay or non-delivery and will not be able to enter into any contract with the User.

Once kuori receives the purchase order from the User through the Website, a pre-authorization will be made on the relevant card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where appropriate, place established.

In any case, by clicking on "Finalize order" the User confirms that the payment method used is his own.

6. DELIVERY

In cases where it is necessary to make the physical delivery of the contracted goods, deliveries will be made within the following territory: Spain (Peninsula, Balearic and Canary Islands).

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the 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, which was attributable to him, kuori could not meet the delivery date, will contact the User to inform him of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact kuori to arrange delivery on another day.

In the event that 30 days after your order is available for delivery, and has not been delivered for reasons not attributable to kuori, kuori understand that the User wishes to withdraw from the contract and it shall be deemed terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, except for the additional costs resulting from the User's own choice of a delivery method other than the least expensive method of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 30 calendar days from the date on which the contract is deemed to be terminated.

However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.

For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by the signature of the reception of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when kuori receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by kuori.

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

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting kuori through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.

In any case, the User, before clicking on "Finalize the order", has access to the space, cart, or basket where his purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain 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 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User acquires products on or through the Website of the owner, he/she is entitled to a number 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 cancel the purchase within 30 calendar days without justification.

This withdrawal period shall expire after 30 calendar days from 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 kuori or in the event that the goods making up your order are delivered separately, 30 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired the material possession of the last of these goods making up the same purchase order, or in the case of a service contract, 30 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify its decision to kuori. It may do so, where appropriate, through the contact spaces provided on the Website or by writing an email to hola@kuori.es.

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract.

To meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the relevant period.

In case of withdrawal, kuori 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 30 calendar days from the date on whichkuoriis informed of the decision to withdraw by the User.

kuori will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, kuori may withhold such refund until it has received the products or items of the purchase, or until the User provides proof of the return of the products or items, whichever condition is met first.

The User may return or send the products tokuoriat: Av. República Argentina, 9-11. Entl. 2a. 08023 Barcelona

And must do so without undue delay and, in any case, no later than 30 calendar days from the date on which kuori was informed of the decision of withdrawal.

The User acknowledges knowing that he shall bear the direct cost of return (transport, delivery) of the goods, if any is incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: 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 reasons of hygiene or health are sealed and have been unsealed after delivery.

In this same sense governs the provision of a service that the User could hire on this Web Site, as this same law states that the right of withdrawal will not assist 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 the recognition on his part that he is aware that, once the contract has been fully executed by kuori, he will have lost his right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the same, products that are not in the same condition in which they were delivered or have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

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 stipulated in the contract or purchase order, and that, therefore, should contactkuoriimmediately and let him know the existing nonconformity (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 on 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, whether to proceed with the refund or, where appropriate, the replacement of the same.

The refund or replacement of the product will be made as soon as possible and, in any case, within 30 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User 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 any time for the User, as a consumer and user, will always apply.

Guarantees

The User, as a consumer and user, has warranties on the products that can be purchased through this Website, in the terms legally established for each type of product, responding kuori, therefore, for the lack of conformity of the same that is manifested within two years from delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by kuori and possess the qualities presented therein; are suitable for the uses to which products of the same type are normally intended; and have the usual quality and performance of a product of the same type and that are fundamentally expected of 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 shipment. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law,kuorishall not accept any liability for the following losses, irrespective of their origin:

• any losses which are not attributable to any breach by you;

• business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of

• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the products was made between the parties.

Furthermore, kuori also limits its liability in the following cases:

• kuori applies all measures concerning to provide a faithful display of the product on the Web Site, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
• kuori will act with the utmost diligence in order to make available to the company responsible for the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for reasons such as strikes, road delays, and in general any other sector-specific, resulting in delays, loss or theft of the product.
• Technical failures that for fortuitous or other causes, prevent a normal operation of the service through the Internet. Unavailability of the Web Site for maintenance or other reasons, preventing the availability of the service. kuori puts all the means at its disposal in order to carry out the process of purchase, payment and shipment / delivery of products, however it disclaims liability for causes not attributable to it, fortuitous event or force majeure.
• kuori will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, kuori will not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
• In general, kuori shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
• Strikes, lockouts or other industrial action.
• Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
• Impossibility of using public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Thus, the obligations will be suspended for the period during which the force majeure continues, and kuori will have an extension of time to perform them for a period of time equal to the duration of the force majeure. kuori shall use all reasonable endeavours to find a solution to enable it to perform its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTICES

By using this Web Site, the User agrees that most communications with kuori will be electronic (e-mail or notices posted on the Web Site).

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

The User may send notifications and/or communicate with kuori through the contact details provided in these Terms and Conditions and, where appropriate, through the contact areas of the Website.

Likewise, unless otherwise stipulated, kuori may contact and/or notify the User by e-mail or at the postal address provided.

11. WAIVER

No waiver by kuori of any particular legal right or action or failure by kuori to require strict performance by the User of any of its obligations shall constitute or waive any other rights or remedies arising under a contract or the Conditions, or relieve the User from the performance of its obligations.

No waiver by kuori of any of these Conditions or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. VOID

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

13. ENTIRE AGREEMENT

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement existing between the User and kuori in relation to the subject matter of the sale and purchase and supersede any other prior covenant, agreement or promise agreed verbally or in writing by the same parties.

The User and kuori acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION

Personal information or data provided by the User tokuoriin the course of a transaction on the Web Site will be treated in accordance with the Privacy Policy 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 such information and data and declares that all information or data provided is truthful.

15. APPLICABLE LAW AND JURISDICTION

The access, navigation and/or use of this Web Site and the contracts for the purchase of products through the same shall be governed by Spanish law.

Any controversy, problem or disagreement arising out of or related to the access, browsing and/or use of the Web Site, or the interpretation and execution of these Conditions, or the sales contracts between kuori and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send kuori their complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).

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

Furthermore, should a dispute arise from the conclusion of this purchase contract between kuori and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online 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/.