General terms and conditions
PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS:
(hereinafter also the General Terms and Conditions or GTC):
On the one hand, the supplier of the products and workshops, OSCAR GARCIA CORTESwhose trade name is KINA CHOCOLATES (hereinafter also the lender)with registered office at C/ de Sant Cristòfol 16, 08012 de Barcelona, N.I.F. 43560710Kphone number customer service 683355096and e-mail: info@kinachocolates.combeing the owner of the website www.kinachocolates.comThe contract document that will govern the contracting of services (workshops) and products, all related to chocolate and cocoa, through the aforementioned website, sets out the contractual document.
On the other hand, the User – Customer (hereinafter the User)registered on the website by means of a user name and password, for which he/she has full responsibility of use and custody, being responsible for the veracity of the personal data provided to the provider.
BOTH AGREE the present document, and entails that the user:
You have read, understand and comprehend the above.
That he/she is a person of legal age and with sufficient capacity to contract.
That he/she assumes all the obligations set forth herein.
That you have read and accept the present general conditions of purchase from the moment you purchase any service and/or product offered.
This document may be printed and stored by Users.
The provider makes available to them the e-mail address info@kinachocolates.com to ask any questions about these conditions.
The present conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the provider’s website www.kinachocolates.com.
The Provider reserves the right to unilaterally modify these General Terms and Conditions, without affecting the goods or promotions that were purchased prior to the modification, in order to improve the products and/or services offered. In any case, these general conditions must be consulted before purchasing the products and/or services.
It is advisable to keep a copy of the data contained in the products and/or services purchased..
KINA CHOCOLATES is not responsible for the consequences that may result from an inappropriate use of the services and/or products for sale on the website.
The civil liability of KINA CHOCOLATES for the products and/or services supplied is limited to the amount of the same, the user waives any liability to kina chocolates for the products and/or services supplied. KINA CHOCOLATES for any concept in any case of dissatisfaction of the products and / or services purchased on the web www.kinachocolates.com, as well as possible failures, slow access or errors in accessing the web, including loss of data or other information that may exist in the computer or network of the user accessing the web www.kinachocolates.com.
KINA CHOCOLATES is a company specialized in the distance selling of workshops and products, all of them related to chocolate and cocoa. KINA CHOCOLATES sells its products remotely over the Internet through its website. The provider has a physical store in Santa Eugenia 29, 08012, Barcelona for the sale of its services and/or products.
OBJECT OF THE CONTRACT:
2.1 Scope of applicationThe purpose of this contract is to regulate the contractual relationship of purchase and sale between the provider and the user at the moment the user accepts these conditions of purchase during the online contracting process by checking the corresponding box. These GTC shall apply as of the day the order is placed.
The contractual relationship of purchase and sale involves the delivery and/or access of a specific service or product in exchange for a specific price publicly displayed on the website. The specific details of each service offered – content, price, method of payment, type of service, etc. – are contained in this document, specifying each contracting and sales procedure for each service and product.
To access the workshops it is necessary that the user communicates their intolerances and/or allergies beforehand.
2.2 Territory of applicationThe online store of www.kinachocolates.com is active for mainland Spain and the Balearic Islands..
2.3 Capacity to contract: In order to place an order you must be of legal age and have the capacity to contract.
2.4 Customer acceptance: The validation of an order via the web. www.kinachocolates.com is made by e-mail and implies, likewise, the automatic acceptance of the GTC. These conditions are available on the website www.kinachocolates.com or, upon request, we can make it available by e-mail.
2.5. Modification of the General Terms and Conditions: KINA CHOCOLATES reserves the right to make changes and/or modifications to these GTC. We advise our customers to check them regularly. In the event that such changes or modifications are made after an order has been placed, the terms and conditions in effect on the date on which the order was placed shall apply.
INFORMATION PROVIDED ON THE WEBSITE www.kinachocolates.com:
3.1 Publication of prices: The prices of the services and/or products are those shown for each one in our web site www.kinachocolates.com.
3.2 Information on services and products: Information contained in our advertising, brochures, other written material, on our website or provided to you constitutes an invitation to make a purchase. The contents of www.kinachocolates.com are constantly renewed and updated to offer our customers the most complete and detailed information possible. All contractual information contained in www.kinachocolates.com are shown in Spanish language (Castilian) and the communication with customers and users, as well as the formalization of the contract, will be carried out in this language, although, if the customer so wishes, it can be done in Catalan or another language, always indicating it before initiating the contracting procedure.
In the case of workshops, the language of instruction is Spanish, Catalan or English, taking into account the indications of the group.
3.3 Availability of the product(s): There may be occasions when it is impossible to supply all products because they are not in stock or available at the time of purchase. In these cases, the product in question will be visible, but not available for purchase.
3.4. Response time in the purchase of services: the customer receives a confirmation email as soon as the order is processed with proof of payment. It is legally binding proof of the order when combined with the original invoice.
3.5 Right of Cancellation: KINA CHOCOLATES reserves this action (right of cancellation) of the shipment of a given product that does not comply with the quality requirements imposed on all products from www.kinachocolates.com. In the event that this lack of quality is detected, the Customer Service Department at KINA CHOCOLATES will suggest a replacement product and, if the replacement is not to the customer’s liking, the cost of the product will be refunded.
3.6 Orders 24h a day, every day of the year: The reception of orders is twenty-four (24) hours a day, three hundred and sixty-five (365) days a year, although orders placed after thirteen (13:00 p.m.) hours will not be processed until the following working day in Barcelona. Orders received on Fridays after thirteen (13:00 p.m.) and on Saturdays and Sundays will be processed on the following Monday or first business day. The delivery terms are detailed in section 5.4 of these conditions.
3.7 Fraud: Yes KINA CHOCOLATES suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.
PURCHASE PROCEDURE:
In order to access the services and/or products offered by the provider, the user may:
Register through the website by creating a user account. To do so, the user must freely and voluntarily provide the personal data that will be requested.
The user will select a user name and password, undertaking to make diligent use of the same, and not to make them available to third parties, as well as to notify the provider of the loss or theft of the same or possible access by an unauthorized third party, so that it proceeds to the immediate blocking.
The user may not choose as user name words that are intended to confuse others by identifying him/her as a member of the provider, as well as offensive, abusive and generally contrary to the law or the requirements of morality and decency.
Purchase as a guest: in this mode of purchase, you will only be asked for the necessary information to process your order. Once the purchase process is completed, you will be offered the option to register as a user or continue as an unregistered user.
It is informed that in accordance with the requirements of art. 27 of Law 34/2002 of Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:
Choose the service and/or product by clicking on it, and it will be automatically added to the “shopping cart”.
If you wish to add more services and/or products, you must select the “Continue shopping” option. If by mistake you have added any that you do not want, you must click on the option to remove from the shopping cart.
Once you have chosen the service(s) and/or product(s), you must click on the finalize tab to place the order. When you click on this option, the confirmation of the purchase will appear (summary of the order placed, your data and chosen payment method).
The user’s credentials will be requested in three ways:
User registration: if you are not a previously registered user, in order to make the purchase (this registration is free), you must fill in a data collection form (in which you will have to accept the Privacy Policy). Once completed, you will receive an e-mail confirming your registration at the e-mail address provided.
If you are already registered and are already a customer: you can access your data by clicking on the registered user button, enter your username and password.
Purchase as a Guest: a series of personal data is requested in order to place the order and subsequent delivery, and then the user’s consent to store their data is requested. If you lend it, it is saved and product information will be sent to you if you allow it, otherwise the data will be saved for future purchases only.
Check the spam and junk mail controls in your email inbox and always verify that the contact details you provide are correct.
Once you have registered, you will see a comments screen, where you can indicate the delivery schedule; a check box that you must mark as it is the acceptance of these General Terms and Conditions and the Privacy Policy .
To finish the process, click on the Finish button.
In any case, the provider’s contracting platform will inform the user, once the contracting procedure has been completed, via e-mail regarding all the characteristics, price, forms of transport, date of contracting and delivery times of the purchased product.
If there is any type of error in the indicated address or in any other point of the order, you must notify it immediately to the e-mail address that will appear in the web to proceed to the correction of this error.
If you have any questions you can contact our Customer Service Department through any of the methods provided on the web site www.kinachocolates.com.
KINA CHOCOLATES will provide Customer Service for FREE through our contact email info@kinachocolates.com, if you choose another alternative means of communication, the user is the one who must bear the particular cost of the same.
KINA CHOCOLATES offers you telephones in Spain subject to the cost of your telephone operator.
SHIPPING:
5.1 Transport CompanyThe goods shall be shipped through DHL Companies.
5.2 Shipping costs: When the user-customer adds the product to the cart and confirms the shipping address, the system will automatically show the shipping price.
5.3 Shipping address: Delivery of orders will be made in three possible ways:
a. At the delivery address freely designated by the user. In this way, the provider assumes no responsibility for when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the recipient;
b. At the registered office of KINA CHOCOLATES, C/ de Sant Cristòfol 16, 08012, Barcelona
When the purchase is made, the place of shipment and/or pick-up is chosen.
The delivery time of the order will be during normal working hours.
Notwithstanding the foregoing, the Provider has taken the measures required of a diligent merchant to ensure that the delivery can be made within the agreed time, for which reason no liability whatsoever may be imputed to the Provider.
Shipments are only made to destinations in mainland Spain and the Balearic Islands.
KINA CHOCOLATES will do everything in its power to ensure that your order is delivered within the period shown on our website on the date of issuance of the order confirmation.
5.4 Delivery time: The delivery time is usually between 24-72h depending on the product, depending on the destination town and the chosen payment method. This term is understood as long as the availability of the product has been confirmed and full payment of the order has been verified. In the case of products not available at the time of purchase, our Customer Service can provide you with availability information.
If you have ordered several products in the same order, you will receive them in the same delivery. Please note that if any of the references are not available at the time of shipment, you have the right to cancel your order at any time prior to shipment by contacting our Customer Service Department at the following e-mail address: info@kinachocolates.com indicating the order number.
5.5 Confirmation of shipment: Upon delivery of the order to our carrier, we will send you confirmation of shipment to the e-mail address you provided when placing the order. In the shipping confirmation we will indicate the corresponding tracking number so that you can track the shipment through our carrier’s website.
5.6 Delivery damage: Products are shipped in secure packaging. If at the time of delivery, without the need to manipulate the shipping packaging or the product itself, it is clearly and visibly evident that a product is defective due to damage caused by transport or that there is a similar error in the goods received, the customer should immediately contact our Customer Service line. 682004343 or by email info@kinachocolates.comin order to request the return of the affected product or products and proceed to its replacement by another one in optimal conditions or to reimburse the price paid for it, as indicated in that email.
Likewise, if damage to the product is detected once the package has been opened while the packaging is in perfect condition, the consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it through our Customer Service line. 682004343 or by email info@kinachocolates.com.
PRICES AND TERMS OF VALIDITY OF OFFERS:
All prices displayed in the store www.kinachocolates.com include the VAT in force at the time of purchase. All prices shown on the website are valid and will be expressed in Euro currency (€). Such charges, unless expressly stated otherwise, do not include the cost of shipping, handling, wrapping, insurance or any other additional services and attachments to the product or service purchased.
VALUE ADDED TAX: In accordance with the provisions of Article 68 of Law 37/1992, of December 28, 1992, on Value Added Tax, the delivery of the products shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
The user will receive the invoice of the order on paper inside the packaging or shipping box of the purchased products to the delivery address. In the event that the user prefers electronic invoicing, consent must be given for it to be sent to the e-mail address provided.
The prices applicable to each product will be those published on the website and automatically applied by the contracting process in the last phase of the same.
In the case of limited duration promotions, the promotional discount will be applied as long as the order has been registered during the promotional period.
The delivery method is detailed in section 5 of these general terms and conditions.
The data recorded by the different payment methods constitutes proof of the date on which the financial transactions were made and will be used to determine whether or not the order is subject to promotion.
For any information about the order, the User may contact the Provider’s customer service telephone number or via e-mail to the address provided.
PAYMENT METHODS:
By credit or debit cardThe user must have a valid credit or debit card, where all the digits of the card number must be specified in the corresponding form. The operation is formalized at the time of placing the order. Only secure card payments are accepted where your identity as the cardholder is authenticated in accordance with the method established by your bank, through secure e-commerce (“Verified by Visa” and “MasterCard SecureCode”). The order cannot be taken into account and will not be processed until the payment has been authorized by your bank or cashier.
We use the system called SSL (Secure Sockets Layer), a payment system in a secure environment that allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
RIGHT OF WITHDRAWAL:
8.1 Right of withdrawal: Pursuant to Article 103 c), d) and e) of 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, the right of withdrawal shall not apply to contracts relating to:
The supply of goods made to the specifications of the consumer and user or clearly personalized.
The supply of goods that may deteriorate or expire rapidly.
The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
8.2 Return due to an error in the order by KINA CHOCOLATES: When the product does not correspond to the one ordered, due to an error attributable to the company, the user must notify the company by e-mail as soon as possible; KINA CHOCOLATES shall bear the cost of collection of the product sent in error and delivery of the product corresponding to the order placed.
8.3 Verification of Returns: The verification and checking of the products to be returned will be carried out by KINA CHOCOLATES.
APPLICABLE WARRANTIES AND AFTER-SALES SERVICES:
9.1 Warranty: All products offered through the website are completely original, unless otherwise stated in their description.
9.2 Ge warranty in case of defective product: In case of defective product, KINA CHOCOLATES shall proceed with the repair, replacement, price reduction or termination of the contract (as appropriate), which shall be free of charge for the user.
NULLITY AND INEFFECTIVENESS OF THE CLAUSES:
If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the General Conditions shall subsist in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.
ONLINE DISPUTE RESOLUTION (ONLINE DISPUTE RESOLUTION):
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called. Dispute resolution bodywho acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/ .
APPLICABLE LAW AND JURISDICTION:
These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly set forth herein. The provider and the user agree to submit any dispute that may arise from the provision of products or services covered by these Conditions, to the Courts and Tribunals of the domicile of the provider (if it is not considered as a consumer for the purposes of the TRLGDCU) or the user (if it is considered as a consumer for the purposes of the TRLGDCU).
APPLICABLE REGULATIONS:
These General Conditions are subject to the provisions of:
European regulations governing electronic commerce:
Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive);
Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce in the internal market (Directive on electronic commerce).
Spanish regulations:
Law 7/1998, of April 13, 1998, on the Conditions General Contracting Contracting and subsequent amendments,
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
Organic Law 3/2018 of 5 December, on Protection of Personal Personal Data Protection and Guarantee of Digital Rights,
Law 7/1996 of January 15, 1996, on Regulation of Retail Trade , y
Law 34/2002 of July 11, 2002, on Services of the Information Society and Electronic Commerce and subsequent modifications.
COMMENTS AND SUGGESTIONS:
We welcome your comments and suggestions. Please send us such comments and suggestions through our contact form.
In addition, we have official complaint forms available for consumers and users. You can request them by calling the Customer Service telephone number 683355096 or through our contact form.