Our terms and conditions
This legal text exclusively governs the contractual relationships between:
The company Mondass 2006 SL with CIF B-99051831, hereinafter, KAMADANA. Deed authorized before the notary JOSE MARÍA NAVARRO VIÑUALES dated 08/01/2018, Number 1/2018 / 8.185.0 in Zaragoza, registration date 08/01/2018. Registration 1. Date of publication: 08/29/18. Registered on page Z-37990, Volume 3205, Folio 153, Address at Paseo Independencia Nº 34 2nd left 50004, Zaragoza, Spain.
The client or buyer, who through kamadana.es exercises their right to purchase and withdraw the products offered by KAMADANA.
1.1. The purpose of these Terms and Conditions of purchase is the supply by KAMADANA of the products offered in its Online Stores, in exchange for an economic benefit.
1.2. By accessing our portal, the Client undertakes to respect the Terms and Conditions as well as the rules of use that appear therein.
2.1. These Terms and Conditions, together with the order confirmation, constitute the contract between KAMADANA and the Customer for the supply of the products. Other different texts will not apply.
2.2. It will be understood that the Client agrees with the general conditions provided in this text from the moment he accepts that he has read and agrees with these Terms and Conditions and does not expressly express his disagreement.
MAKE AN ORDER
3.1. In order to place an order, the customer must be at least 18 years of age. If you are a minor, ask your parents or legal guardians to place the order on your behalf.
However, if you are between the ages of 14 and 18, you can request information about products and events. In any case, it is recommended that you have your parents or legal representatives before browsing and / or registering on our websites or mobile applications so that they can explain any questions that may arise.
If you are under 14 years of age, please do not provide us with any personal information, as we cannot accept it.
3.2. Once they have accessed the corresponding Web page, the Customer must fill in the form with the necessary personal data that is requested and found in our Online Stores and must click on the "Place Order" button to confirm the purchase.
3.3. When the Customer completes his order, we will send him an email with the number and details of his order.
3.4. In the event that there is a problem with the shipment of the material, we will contact the customer as soon as possible to inform them of the situation and suggest alternative products that they may wish to purchase. Or propose the return of the sum of money that we would have paid for such products.
3.5. The customer may cancel the order at any time and without any additional cost, as long as it has not been invoiced and sent through the transport company. If the package had left our facilities, the customer may reject it with the transport company at the time of receipt.
3.6. The availability of products on the web is constantly changing and reflects the situation in real time. Adding an item to the shopping cart does not guarantee that it will be reserved for the customer, since other customers may have bought it while browsing the web. Only when the payment process has been completed, the product is effectively reserved for the customer.
3.7. We will make every effort to supply you with the products listed in your order confirmation. However, there may be occasions when it is impossible for us to supply such products due to, for example, that such products are not in stock. In these cases we will contact the Customer to inform him and perhaps we will suggest alternative products that he may wish to buy. If you do not accept our suggestions, we will cancel your order in relation to the products that we cannot supply and we will refund the amount of money that we would have paid for such products. The return of these sums of money will be the limit of our responsibility towards the Client, if it is impossible for us to supply the requested products.
4.1. We will supply you with the products indicated in the confirmation of your order, in accordance with these Terms and Conditions.
5.1. We pay great attention to the information regarding the essential characteristics of the products through technical descriptions from its collaborating companies and manufacturers, and from photographs that illustrate the products. All this is done within the limits of the technique but always looking for the best market standards.
6.1. The price of each product will be clearly determined on the website. The price and conditions of the products offered may vary over time, but in any case, for a specific order, the price and conditions indicated when the Customer placed the order will always govern.
6.2. We reserve the right to charge for the order from the moment it is received.
6.3. The sale prices indicated in our Online Stores are shown as follows:
If the customer lives in the European Union, all prices include VAT, but we deduct this amount from the total if the shipment is made to areas exempt from VAT.
If the client lives outside the European Union, prices do not include VAT. The Customer must pay local VAT and there may be an import tax when the shipment reaches its destination.
In some countries or areas there is also the charge for the management of customs procedures, these costs are charged by the transport company who acts as an intermediary. Tariffs and customs regulations vary in different countries and it is difficult to know how they work exactly.
6.4. Shipping costs are not indicated in the price of the products. Transportation costs are borne by the customer and will be added to the total amount of the selected products, in the shopping cart. The customer can always check the shipping costs in the shopping cart, before confirming the order and finalizing the contracting process.
The calculation of shipping costs depends on the volume and weight of the items. In many cases, shipping costs do not change much when adding more than one item to the shopping cart.
7.1. It should be noted that orders will be shipped within the available stock limits. If one of the items ordered is not in stock, we undertake to send the Customer an email as soon as possible (from the date they placed the order) to inform them of the period in which we can send their product (s) ( s). In case you are not interested in waiting, you can request a refund of the amounts you have paid for said item.
7.2. If any of the products in your order, once invoiced, are not available, we undertake to send the available products to the Customer. If possible, we will propose an item of equivalent quality and price to replace the unavailable product. In the event that you do not accept the proposed replacement product, we will proceed to refund the unavailable product. If you wish to return the replacement product, any expenses will be borne by KAMADANA.
PAYMENT OF PRODUCTS
8.1. KAMADANA has an agreement with la Caixa to guarantee maximum security in payments.
8.2. If our security department suspects an anomaly or fraud, KAMADANA reserves the right to cancel the transaction for security reasons.
8.3. KAMADANA offers the Client 4 payment methods:
- Payment by credit / debit card:
If you choose to pay by card, the Customer's order cannot be taken into account and will not be processed until the payment has been authorized by your bank or savings bank. Online payment by credit card is made through the "Redsys" security system, which encrypts your bank details when they are transmitted over the internet. For security reasons, KAMADANA verifies all orders paid by bank card. We accept American Express, Maestro cards and any Visa and Mastercard registered in the secure payment system Verified by Visa. In addition, for any order whose amount is higher than a scale set by KAMADANA, the Customer will be asked for an identity document and proof of address that must be sent to us by email that is promptly indicated.
- Payment by bank transfer
The Client must make the transfer to the account that will be indicated in due course. At the end of the order, the Client will receive an automatic email from our company, with the details of the bank account in which the deposit must be made.
IMPORTANT: As a concept of the transfer, you must indicate the reference that will be indicated at the end of the order. In case of not having indicated this reference, the order will be canceled and the money will be returned after 7 days.
IMPORTANT : For payments by bank transfer, the products are not reserved until the deposit is received in the account.
- Payment through PayPal:
The Client will be able to pay quickly and safely with his PayPal account or with his credit or debit card, without sharing financial information with KAMADANA. PayPal automatically encrypts confidential data with the help of the best technologies available in the market.
Payment by Paypal includes a 2% fee on the total cost of the order.
8.4. In the event that the purchase has been made by a final consumer or a company, the corresponding invoice will be issued. Both will contain the breakdown corresponding to the Value Added Tax if applicable and the shipping costs.
8.5. The client always has the right to receive the paper invoice free of charge, although if he does not state otherwise in his order, we will understand that he expressly consents to receive it electronically (by e-mail). This consent may be revoked by the client at any time, by contacting our customer service team, through the contact section.
9.1. We will send the Customer their products to the delivery address that appears on their personal data form.
9.2. On the website, specifically in the shopping cart, the amount of the shipping costs is indicated before the purchase is made.
9.3. If the item indicates "in stock" when placing the order, the period between placing the order and the date of the first presentation of the employee of the transport company in the specified place corresponds to the sum of 2 elements:
a.- The preparation period: validation of the payment + preparation of the order + receipt of the package by the employee of the transport company.
b.- Term of delivery of the order by the transport company.
The customer will be informed from the beginning of this period from the receipt of the email "order shipment". These deadlines are indicated in business days.
9.4 We will deliver the product once we have verified that the effective payment has been executed correctly and then, the product will be delivered according to the option chosen
9.5. We understand hours and days as hours and working days, thus excluding Saturdays and Sundays and holidays. If for any reason attributable to KAMADANA these deadlines are exceeded, we will notify the Customer of the incident and we will propose alternative solutions.
9.6. The Customer agrees that he or another designated person is at the address indicated to receive the package. In case of not being the first time, the carrier will insist several times. If the order still cannot be delivered, it will be returned to us, with the consequent return to the Customer of the payment made, less the shipping and return costs of the merchandise that will be borne by the Customer.
10.1 The warranty period for each product is indicated in its respective descriptive sheet.
Kamadana guarantees its mattresses for a total period of 11 years for our mattress collection (vicoelastico, sport, platinium cahsmere) from the date of purchase of the product (date of ordering) for any lack of conformity that exists at the time delivery of the article. There will be no liability for lack of conformity that the client knew or could have ignored at the time of contracting or delivery, or that have their origin in the materials supplied. The warranty covers the structures of the bases and the cores of the mattresses such as the foam support blocks, spring support or latex support. This warranty extension does not apply to other products.
10.2 From what is established in the previous paragraph, Kamadana.es will not be responsible for defects that are a consequence of the following:
Inappropriate use or treatment; This includes the use of the same does not correspond to a deal do Mestico;
That the product has been preserved in inadequate conditions to maintain its attributes;
Damages caused by water, humidity, fire, improper transport, lack of maintenance;
when the mattress is stained.
10.3 The warranty covers manufacturing defects and materials that make up the product. Any claim for non-conformity of the product must be supported by the purchase invoice and proofs that validate the claim. This warranty does not cover scratches or cuts, wear due to normal or proper use, nor damage caused by accidents, nor will it apply to those products that have been used inappropriately, nor will warranty apply to those products for which they have been handled with the wrong cleaning products.
11.1 If you wish to speak with our Customer Service:
- You can write us an email to email@example.com
- You can send us a message through the Contact Form and we will respond shortly.
OBLIGATIONS OF KAMADANA AND THE CLIENT.
12.1 KAMADANA undertakes to make all the necessary information regarding products and orders available to the Customer. KAMADANA does not guarantee the execution of these conditions in the event of force majeure, in the event of the Client's fault or an unforeseeable event on the part of a person outside the contract.
12.2. The Client undertakes to fill in the order forms and their fields according to the instructions indicated. KAMADANA will protect the data in accordance with the law. The Customer also agrees to pay the price of the product, with the corresponding taxes and shipping costs.
12.3. We remind you that it is advisable to keep a copy of the data contained in the products purchased. KAMADANA is not responsible for any loss of data, files or, in general, for any damage resulting from a failure to backup by the Customer of the data contained in the products purchased.
12.4. KAMADANA is not responsible for the consequences that may result from an inappropriate use of the products sold in its Online Stores.
RIGHT OF WITHDRAWAL AND RETURN
13.1 The Customer has 14 days to exercise his right of withdrawal to change his mind in the event of a purchase over the Internet or by phone, these 14 days are counted from the receipt of the product. The Client must communicate and return the product on their own if they want to exercise their right of withdrawal within the period of 14 calendar days, because, after this time has elapsed, it will no longer be possible to accept their request.
13.2 The money will be transferred to your bank account or whatever means of payment you have used to purchase the product, as determined by the administration of our company MONDASS 2006, SL, within 15 business days after receipt. of the product in our logistics center.
LAW APPLICATION AND JURISDICTION
14.1. This contract will be interpreted and governed in accordance with current Spanish legislation.
14.2. This contract has been originally drawn up in Spanish and the user accepts that the Spanish version of this document will prevail over any version of the same in another language.
14.3. The parties agree, for the resolution of conflicts and waiving any other jurisdiction, to submit to the jurisdiction of the Courts and Tribunals of Madrid (Spain), unless the client is an individual, in which case they will be those of the client's domicile.
In any case, we inform you that you have the right to request the extrajudicial resolution of consumer disputes.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.