GENERAL TERMS AND CONDITIONS
1. DETAILS OF THE WEBMASTER.
- Owner: Ideilan Diseño, S.L. (hereinafter Ideilan).
- Fiscal address: C/ Estartetxe 5 317,
48940 Leioa, Bizkaia, Spain.
- TAX number: B95146460
- E-mail: shop@kguardbag.com.
2. PURPOSE.
The purpose of these general terms and conditions is to expressly regulate the conditions that are applicable to the contracting processes conducted by the users (the "Client") of the products and/or services provided by Ideilan through its website shop.kguardbag.com.
These General Terms and Conditions shall remain in force and shall be valid for as long as they are accessible through the Website, notwithstanding the fact that Ideilan reserves the right to modify, without prior notice, both the General Terms and Conditions, and any legal texts displayed on the Website. The new Terms and Conditions shall be applicable as soon as they are made available to the Client and are thus fully accessible. Access to the Website after their modification, inclusion and/or replacement, implies acceptance thereof by the user. The Client is subject to the General Terms and Conditions in force at any time during the corresponding contracting, and no product and/or service may be contracted without previously having accepted these General Terms and Conditions.
All Products purchased through the Website shall be considered validly made by the Client and shall be binding. Orders placed on the Website by minors who falsify the registration information shall be understood as having been made under the supervision and with the authorization of their parents, guardians or legal representatives.
3. INTERVENING PARTIES.
The electronic contracting process will be carried out between the "Client" and Ideilan through the Website shop.kguardbag.com, which will be understood as the Point of Sale of KGUARD chosen by the Client during the contracting process.
Consumers who are natural persons of legal age, or when applicable, legal entities who provide due evidence of their legal status, and accept these General Terms and Conditions and the Particular Conditions, where applicable, will be considered as “Client” of the Website shop.kguardbag.com.
4. ACCESS TO THE WEBSITE.
Access to and browsing through the product and/or service catalog published on the Website shop.kguardbag.com is free of charge.
5. ELECTRONIC CONTRACTING PROCESS OF PRODUCTS.
5.1. Information and availability of the products offered.
All the information related to the products and/or services provided by Ideilan on its Online Channel will be published through the Website shop.kguardbag.com, and will indicate the following information regarding each one:
- Product identifier
- Product images
- Product description
- Product price
- Product discounts (if applicable)
- Product availability (in stock)
- Availability of home delivery
Ideilan may add new Products to the Website at any time, it being understood that such new Products shall be governed by the provisions of the General Terms and Conditions in force at that time. Ideilan also reserves the right to withdraw or cease to offer, at any time and without prior notice, any of the Products offered on the Website.
If there is no stock of any of the products requested, Ideilan will inform the Client of this situation through its on-line Channel. If by any chance the Client has been able to purchase a product that is out of stock, Ideilan will refund the amounts paid for such product/s without undue delay.
5.2. Phases of the electronic contracting procedure.
Once the user has selected the products and/or services offered by Ideilan, the following phases of the contracting process will be followed:
Phase 1. – Validation of the shopping chart:
After completing the selection of the products and/or services he/she wishes to contract, the user must validate his/her shopping cart, which will show the products and/or services selected, the number of units and their price.
Phase 2. – Providing billing and shipping data:
After validating the shopping cart, the user must provide Ideilan with the billing and shipping data for the products and/or services. Ideilan will use this data to deliver the package to the User's home and to generate a sales invoice. The User must make sure that the information provided is correct.
Phase 3. – Review the order and select the Payment method:
Before making the payment, the user will revise the summary of the order places, which includes:
- Selected products, with their quantities and prices.
- Shipping address.
- Billing address.
- Shipping costs.
- Total amount to be paid by the Client, including taxes and transport costs.
The User must select the payment method desired. Currently, Ideilan validates the following payment methods: PayPal or bank transfer.
Phase 4. – Payment of the total amount:
If the chosen payment method is PayPal, the User will be automatically redirected by the system to the corresponding online payment platform.
If the chosen payment method is by bank transfer, the User will receive payment instruction on the screen. First, the User will be told to make a bank transfer to our IBAN number, and then, the User will be told to send the Proof of Payment to our email address. The purchase will be considered done once Ideilan receives the payment. Ideilan will notify the User when Ideilan receives the money.
Phase 5. – Purchase Confirmation:
Within a maximum period of one working day from the time the Client makes the effective payment for the purchase, Ideilan will send the Client an email with a summary of the characteristics of the sale and purchase made: order number, order confirmation receipt, items purchased with their respective quantities and purchase prices, billing address and delivery address, etc.
In addition to this e-mail, the User will receive a link to these "General Terms and Conditions of Contract". This e-mail will be considered as "Proof of Purchase."
Phase 6. – Shipment confirmation:
Within a maximum of 3 working days from the time the order is confirmed, Ideilan will send an e-mail to the Client confirming shipment in progress with a summary of all the characteristics of the shipment of the sold product: order number, confirmation of availability in stock, items purchased with their respective quantities and purchase prices, shipping costs, billing address, delivery address, estimated delivery date and package tracking number.
Users will receive an email on "Tips for your order" as an attachment to this email.
By accepting these general terms and conditions of contract, the Client agrees to receive the invoices from Ideilan for the contracted goods and/or services in electronic format. In any case, the Client may request invoices for old purchases through the Website’s contact information.
6. FINANCIAL TERMS AND CONDITIONS AND PAYMENT METHODS.
6.1. Financial terms and conditions.
All products and/or services offered on the Website are associated with the final price of the product, and where appropriate, with any discount applicable to such purchase. The prices shown on the Website are applicable exclusively to the Products offered through said Channel and during the time they remain published, and these same products may have different prices in other Points of Sale of KGUARD.
Products are always priced in Euros and include VAT and any other applicable tax in force and legally applicable at that time. In the same way, the prices shown on the home page do not include the applicable shipping costs, which are described independently before confirming the purchase-sale.
If Ideilan identifies a manifest error in the price of any of the published Products, it will immediately inform the Client and publish the rectified price on the Website. The Client will then have the option to reconfirm the order placed at the correct price or, failing that, to cancel it.
Ideilan and the Points of Sale expressly reserve the right to modify prices at any time, without prior notice.
6.2 Payment methods.
In order to make the payment, the Client must follow each and every instruction shown in phase 3 and 4 of the previously described electronic contracting process. All means of payment provided by Ideilan are subject to checks and authorizations by the entities issuing the means of payment. But if should said entity fail to authorize the payment, the purchase procedure initiated may not be continued, the order will be cancelled automatically, and the Product or Products will be deemed as not purchased.
Users can pay quickly and securely using their PayPal account, without sharing financial information with Ideilan. In case of selecting this payment method, the Client will be redirected to the secure PayPal page, where he/she must enter his/her credentials and accept the payment.
Once the payment is confirmed, the Client will be returned to Ideilan's confirmation page, where he/she will be able to confirm the status of the purchase.
7. PRODUCT PICK-UP AND DELIVERY CONDITIONS.
Products purchased through the Website shop.kguardbag.com will be shipped to the postal address provided in the order form, which may not correspond to a post office box or public places such as public roads, squares, stations, airports or other similar places.
In general, home deliveries will be made within three to five working days from confirmation of shipment for orders placed in Europe to the address provided in the order details, except in cases of force majeure. For shipments to other regions, the delivery time may be longer. In any case, the buyer will receive an email with the estimated delivery date at the address prior to shipping the product. The delivery note will be sent together with the Product(s).
The transportation company will inform the Client, preferably by telephone or email, of the day on which the delivery will take place. If the Client is not found at the place of delivery, the package will either be left in a safe place at the delivery address, or the transportation company will send it to the franchise, where you will have a few days’ time to pick it up. The transportation company must always inform the Client by telephone of the delivery attempts, and the remaining time to pick it up at the franchise.
8. KCUARD’S RETURN CONDITIONS.
Users have the right to return the purchase made through the Website. If not satisfied, they may return the Product within a maximum period of thirty (30) calendar days from the date of purchase of the product. The right of withdrawal may be exercised through the following channels: a) Through the Website, b) By contacting Customer Service, which will provide the steps to follow.
The refund will include the purchase amount, but NOT the shipping costs. The refund will be made through the same means of payment that the Product was purchased with, discounting transportation costs which will be borne by the Client. Ideilan will send a carrier to the Client's postal address to pick up the package. The Client shall repack the products subject to withdrawal and provide it to the carrier. The refund of the amount corresponding to the withdrawal will be made within 5 working days from the date of receipt of the goods by Ideilan or from the time the Client provides proof that the goods have been returned.
The Client shall be responsible for any diminished value of the goods resulting from handling of the goods. In any case, in order to make use of the right of withdrawal, Products must be returned in their original packaging together with the invoice. If they are returned without such original packaging or damaged, the corresponding amount will be deducted from the amount refundable to the Client for the returned product. Before returning the Product, the Client must ensure that it is properly protected and sealed to prevent any damage during transport.
9. WARRANTIES.
If the Products purchased lack conformity because they do not correspond to the characteristics offered, have defects that prevent their normal use in accordance with their nature, or do not provide the benefits described, the Client shall be entitled to having the goods purchased replaced within two years from their purchase and under the conditions and in accordance with the proof regulated in the Consolidated Text of the General Law for the Defense of Consumers and Users. In any case, the regulations on guarantee of sale of consumer goods, established by the applicable legislation shall apply.
In any case, the Client must contact the Customer Service department at the e-mail address shop@kguardbag.com and request activating the warranty. If the product is defective, Ideilan shall be responsible for replacing the product, whenever possible, at no cost to the Client. If the product cannot be replaced due to lack of availability, the full refund of the affected articles or services will be made.
10. CUSTOMER SERVICE AND AFTER SALES.
Any query, suggestion, complaint, or claim related to the online sale of the Products, can be made through our Customer Service:
11. DISCLAIMER.
Ideilan cannot guarantee the technical continuity of the Website, the absence of service failures or interruptions, nor that the Website will be available or accessible one hundred percent of the time. Neither can it guarantee the absence of viruses or other harmful components on the Website or on the server from which it is provided.
12. PERSONAL DATA PROCESSING.
All the information provided during the contracting process will be stored by Ideilan Diseño S.L., in its capacity as Webmaster and administrator of the Website, and which is also the data processor. The data collected will be made available to the Ideilan Distribution Network, to the transport and logistics company in charge of delivering the item purchased through the website shop.kguardbag.com, to the bank in charge of the payment gateway, and to any other operator involved in the purchase and/or delivery process, for the purpose of complying with the contract, with the Client, and any other relations arising therefrom. In any case, before providing the Client's personal data to any third party, this must be expressly accepted by the Client beforehand. The buyer is informed that the personal data provided will be incorporated into a file owned by Ideilan, the processing of which is necessary for the management of the contractual relationship and the provision of services.
Personal data processing data by Ideilan and its logistics network, and any other information requested for accessing and using the Website, shall be governed by the provisions of the Privacy Policy of the website shop.kguardbag.com. Ideilan has adopted the necessary technical and organizational measures to guarantee the confidentiality, security and integrity of the personal data provided, as well as to avoid its alteration, loss, unauthorized processing, or access.
The buyer guarantees that the information provided is true and is expressly responsible for any consequences that may arise from the falsity of such information. In addition, the buyer is informed that he/she may exercise, free of charge and when deemed appropriate, the rights of access, rectification, deletion and limitation in the processing, opposition or portability with respect to the personal data provided, and may withdraw its previously-granted consent at any time by sending an email to shop@kguardbag.com. Likewise, you may contact Ideilan's data protection officer through any of the mentioned means if you believe that any of your rights related to data protection have been violated.
13. IN GENERAL.
Ideilan reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, its functionalities and/or the contents incorporated therein. The Client expressly acknowledges and accepts that Ideilan may interrupt, deactivate and/or cancel access to and/or use of the Website at any time.
14. APPLICABLE LEGISLATION, DISPUTE RESOLUTION AND COMPETENT JURISDICTION.
The parties expressly agree that this contract shall be governed by and construed, in all its terms and conditions, in accordance with current Spanish legislation. The parties expressly submit to the jurisdiction and competence of the Courts of law of Bilbao for any questions or dispute that may arise from the interpretation, fulfillment and performance of this contract.
All rights reserved. Any copy, distribution and/or reproduction, in whole or in part, of the contents and/or of Ideilan’s website shall require the prior written authorization of Ideilan.
RETURN FORM
If you wish to exercise your right of withdrawal of a product or products from this order, remember that you can do so within 30 days from the delivery date:
- Please complete this form and send it to us at shop@kguardbag.com with the subject "RETURN + [order number]".
Personal data and details of your purchase
(It is important that these details are the same as those appearing on your invoice)
First Name: ________________
Last name: ____________________________________________
ID number: ________________
Address: ______________________________________________
Town: ____________________
ZIP Code: __ __ __ __ __
Country: __________________
- Regarding my order____________________ placed on _ _ /_ _ / _ _ _ _ and received on _ _ / _ _ / _ _ _ _ with invoice number____________________________.
- Products to be returned:
_________________________________________________________________________.
(You can find the information on your invoice or your order confirmation email)
In order to exercise my right of withdrawal, I am returning the product(s), after being informed of the return policy included in this General Terms and Conditions document.
☐ Yes, I have read and understand KGUARD's return conditions, which can be found in Section 8 of the General Terms and Conditions.
Ideilan hereby reminds you that, in accordance with Article 108 of the 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, consumers have a period of 14 days (from the date of informing that you are exercising your right of withdrawal) to send the products back to our facilities at the following address: C / Estartetxe 5 - 317, 48940 Leioa, Bizkaia, Spain.
Date: __ / __ / __ __ __ __ Applicant's signature __________________________________
