These provisions (“General Conditions”) regulate the use of the service offered through www.kibuspetcare.com (the “web”) that KIBUS PETCARE SL makes available to Internet users. These Terms and Conditions and the documents to which they refer inform you of the terms and conditions under which we market our products through the subscription service (the “Services” or the “Service”).
KIBUS PETCARE SL markets a pet food solution through this website, which consists of a household appliance and food.
Before contracting or acquiring any product or service through this website, the User must inform himself/herself and accept them. Access to the Web Site is free of charge except for the cost of connection through the telecommunications network provided by the access provider contracted by users. Certain services are exclusive to our clients and their access is restricted. The use of the Website attributes the condition of user of the same (the “User”) and implies the acceptance of all the conditions included in these General Conditions, which, by checking the box provided for this purpose for the contracting of the Service, the User declares to have read and understood. The provision of the Web Site service is limited to the time when the User is connected to the Web Site or to any of the services provided through it. Therefore, the User must read these General Conditions carefully each time he/she intends to use the Website, as the Website and its conditions of use may be modified at any time and without prior notice.
These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on information society services and electronic commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999, which regulates telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998, Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (amended by Law 3/2014, of 27 March), Law 7/1996 on the Regulation of Retail Trade and as many legal provisions as may be applicable.
- COMPANY INFORMATION
The present web page www.kibuspetcare.com has been designed for the commercialization of the products offered by the company KIBUS PETCARE SL registered in the Mercantile Registry of Barcelona.
- SERVICE AVAILABLE
KIBUS PETCARE SL operates through the Website and provides the sales and subscription service for the Spanish territory comprising the Iberian Peninsula and the Balearic Islands.
- STATEMENTS AND DECLARATIONS OF THE USER WHEN CONTRACTING
By contracting the Service, the User declares to be of legal age and to have legal capacity to contract the Services offered on the Website. In the case of hiring by minors, the authorization of the parents or legal guardians is required in order to enjoy the contracted service. Likewise, the User declares that he/she is a resident of the “Territory” and accesses the Web Site from the same. You agree to be bound by these General Terms and Conditions and fully understand and accept the conditions set forth herein for using the Web Site and contracting the services offered therein.
- FORM DATA
- CONTRACT: FORMALIZATION AND CANCELLATION
Prior to payment, the User may be asked to create an account with his/her e-mail address and to fill in a series of additional data. The contract between the User and KIBUS PETCARE SL (the “Contract”) shall be deemed formalized once the User has completed the subscription process by filling out our form and confirming his subscription to the Services. Once you have expressly confirmed the subscription, the Contract will be deemed formalized and KIBUS PETCARE SL will send you an e-mail confirming that we have received your order and the delivery date (the “Shipping Confirmation”). Each delivery will be the subject of a Confirmation of Shipment. The order implies the acceptance of these General Conditions. The User must verify that the data provided by him/her and subsequently collected in the Shipping Confirmation are correct. KIBUS PETCARE SL will not be responsible for any errors in the data provided by the User. The Agreement only covers the Services that are the subject of the Shipping Confirmation. KIBUS PETCARE SL does not assume any commitment to proceed with the delivery of other Services as long as the latter are not linked to a separate Shipping Confirmation.
The user will be able to pause the renewal of his subscription from his user account three days before the next shipment. When pausing the renewal, the user will not pay the next monthly payment and will not receive the next box of KIBUS PETCARE. The User may resume subscription to KIBUS PETCARE from his account at any time.
The User may terminate his subscription to KIBUS PETCARE at any time or change his payment method within the account created in KIBUS PETCARE.
This cancellation of the KIBUS PETCARE subscription will take effect in the same month in which it occurs as long as it occurs before the three days prior to the next shipment. Otherwise, the cancellation will take effect in the following month, with the corresponding consequences in terms of cash remittance and cash collection. KIBUS PETCARE reserves the right not to make refunds in the case of not having requested the cancellation of the subscription before the indicated date.
KIBUS PETCARE SL undertakes to deliver the product in perfect condition at the address indicated by the User and that, in any case, must be within the Territory.
In case the User has been subscribed to the service for more than 1 month, he/she must make sure to indicate the correct address within three days prior to the dispatch of his/her KIBUS PETCARE box. In case you change it later and/or without notifying KIBUS PETCARE, KIBUS PETCARE does not guarantee the timely delivery of the box.
If the User requests the change of address after the day indicated in the previous paragraph, he/she shall bear the costs of resending the box to a new address for an amount of 6.90 euros.
In order to optimize the delivery process, the address provided by the User must be an address to which delivery can be made during normal business hours.
KIBUS PETCARE SL will not be responsible for any errors or damages caused in the delivery when the delivery address entered by the User does not conform to the place of delivery desired by the same.
Delivery is deemed to have taken place from the moment the product has been placed at the disposal of the User at the place of delivery indicated by the User.
If at the time of delivery of the product to the address indicated, the User is absent, the carrier will send an email indicating that it has gone to the address indicated by the User and has not been able to deliver the package. The user will be able to make a new appointment through the link provided in the email. If no such appointment is made, the KIBUS PETCARE box will be returned to the KIBUS PETCARE SL warehouse.
In the event that the user does not wish to pay this amount and therefore does not wish to return his KIBUS PETCARE box, he will be reimbursed the difference between the cost of the return and the initial shipment of the KIBUS PETCARE box, which amounts to eight ninety-five euros (‘ 8.95).8.95) and the amount paid by the User.
In the event that the user has not claimed the KIBUS PETCARE box that has been returned to the KIBUS warehouse within a maximum period of 7 calendar days, KIBUS PETCARE will not make any reimbursement.
- PRICE AND PAYMENT
The prices corresponding to the products and services of KIBUS PETCARE are calculated on the basis of the data provided by the User of the dog in question. Based on such data provided by the User, KIBUS PETCARE provides a price.
- ASSUMPTION OF RISK AND PROVISIONING
The KIBUS PETCARE box will be under your responsibility from the date of delivery. The KIBUS PETCARE cash box will be made available to you as soon as we have received full payment of all sums due.
KIBUS PETCARE SL assumes no liability whatsoever arising from, but not limited to: Regarding the Service provided: KIBUS PETCARE SL is not responsible for direct or indirect damage and / or intangible, including personal injury, suffered as a result of the use of the Services, loss of reputation, image, or data, which may occur during the use of the Services. The products that make up the KIBUS PETCARE box have been certified and have passed all the relevant health controls. In particular, KIBUS PETCARE SL is not responsible for any of the following actions: the use that Users may make of the materials on this Website or linked websites, whether prohibited or permitted, in violation of intellectual property rights and / or industrial content of the Website or third parties. For possible damages to the Users caused by a normal or abnormal operation of the search tools, the organization or location of the contents and/or access to the Web Site, computer viruses and, in general, errors or problems generated in the development or implementation of the technical elements that the Web Site or a program provides to the User. Of the contents of those pages that Users may access from links included on the Website, whether authorized or not, in particular in the context of transactions directly between the User and the third party distributor or independent service provider. The acts or omissions of third parties, regardless of whether these third parties may be linked to KIBUS PETCARE SL by contract. Access by minors to the contents included in the Web Site, being the responsibility of their parents or guardians to exercise adequate control over the activity of children or minors in their care or to install any of the tools to control Internet use in order to avoid (i) accessing materials or content that is unsuitable for minors, as well as (ii) the sending of personal data without the prior authorization of their parents or guardians. Of the communications or dialogues in the course of the debates, forums, chats and virtual communities that are organized through or around the Website and/or linked websites, nor shall it be liable, therefore, for any damages and prejudices suffered by individual and/or collective Users as a result of such communications and/or dialogues. Errors or delays in accessing the Website by the User when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of KIBUS PETCARE SL failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the Web Site services are constantly operational. Errors or damages caused to the Website due to inefficient and bad faith use of the service by the User. Non-operability or problems in the email address provided by the User to send the Shipping Confirmation. Any allergy that has not been previously indicated by the client. In any case, KIBUS PETCARE SL undertakes to solve the problems that may arise and to provide all necessary support to the User to reach a quick and satisfactory solution to the incident.
10.1 MANUFACTURING DEFECT
The User may return to KIBUS PETCARE SL, free of charge, any product that presents a defect or manufacturing defect. To formalize the return, the User should contact KIBUS PETCARE SL through the following email: email@example.com, indicating the product or products to be returned, attaching a photograph and a detailed list of the defects found in them. Upon receipt of such communication, KIBUS PETCARE SL will indicate the form of collection or shipment to its warehouses of the defective product, at no cost to the User. Each product to be returned must be unused and with all its labels, packaging and -if applicable- original documentation and accessories that came with it. Once verified the existence of tare or factory defect in any of the selected products, KIBUS PETCARE SL will proceed to send the User a new box of KIBUS PETCARE. In case the customer wishes to be reimbursed, he/she should indicate this in the email sent to firstname.lastname@example.org. The refund of amounts paid for the purchase of the returned product will be carried out as soon as possible and, in any case, within thirty (30) days.
- FORCE MAJEURE
KIBUS PETCARE SL shall not be liable for any failure or delay in the performance of any of its contractual obligations caused by events beyond its control and will (force majeure). Force majeure shall mean any situation or event unforeseeable and exceptional, or independent of the will of the contracting parties and in particular (without limitation) the following: strikes, lockouts or any other collective action; civil commotion, riots, invasions, terrorist attacks or threats of terrorist attacks, war (declared or not) or threat of war; fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters; the impossibility of using rail, sea, air, or land motor transport or other means of public or private transport; the impossibility of using public or private telecommunications networks; and laws, decrees, regulations or restrictions of any government.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
The intellectual property rights of the Website, its source code, design, navigation structures and the various elements contained therein are owned by KIBUS PETCARE SL, who has the exclusive rights to exploit them in any form and in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish legislation and the applicable European Union. KIBUS PETCARE SL informs that it does not grant any license or express or implied authorization on intellectual property rights and / or industrial or any other right or property related, directly or indirectly, with the contents included on the Website. The total or partial reproduction of the contents of the Website, not even by means of a hyperlink, without the express written consent of KIBUS PETCARE SL is strictly prohibited. The unauthorized use of these contents will give rise to the legally established responsibilities. KIBUS PETCARE SL will not be liable for infringements made by the User of the Website that affect third parties.
- HYPER LINKS
Hyperlinks contained in the Web Site may lead to third party web pages. KIBUS PETCARE SL assumes no responsibility for the content, information or services that may appear on such sites.
All communications between KIBUS PETCARE SL and the User regarding these General Conditions or the acquisition of the Services through the Website, will be made in writing and in accordance with the communication procedures established in these General Conditions for each particular case. For all other cases that are not expressly regulated in these General Conditions, the communications that the User intends to send to KIBUS PETCARE SL shall be addressed to the address indicated in paragraph 1 and shall be made in writing and through a system that allows accrediting the content and receipt by KIBUS PETCARE SL of the corresponding communication.
- MODIFICATION OF THE GENERAL CONDITIONS
The User declares that he/she fully understands these General Conditions and, therefore, abides by them and understands the legal consequences that they entail. In the event that any of the provisions contained in these General Conditions is declared null and void, it will be withdrawn or replaced. In any case, such declaration of nullity shall not affect the validity of the rest of the provisions contained in the General Conditions. KIBUS PETCARE SL reserves the right to make any changes it deems appropriate in these General Conditions.
- JURISDICTION AND APPLICABLE LAW
These terms and conditions shall be governed and construed in each and every one of its ends by Spanish law. Both KIBUS PETCARE SL and the user undertake to try to resolve amicably any disagreement that may arise in the parties. For the resolution of any litigious matters that may arise from this contract and all conflicts arising from or related to the access and use of this Web Page, both parties agree to submit to the jurisdiction of the Courts and Tribunals of Barcelona, Spanish legislation being applicable. All of the above complements the provisions of our Legal Notice. In the event of any discrepancy between the aforementioned legal texts and these General Conditions, the latter shall prevail.