These General Terms and Conditions (hereinafter, General Terms and Conditions) regulate the purchase and sale process for the products offered through the website www.kitcat.es.
The General Conditions are binding on KIT CAT ESPAÑA and the buyer (hereinafter, the Client), granting them a series of rights and obligations from the moment the Client places and accepts an order, and the payment thereof, through the aforementioned website, and the order is confirmed by KIT CAT ESPAÑA by sending an email with the details thereof. Both parties are required to know and comply with them, and therefore their acceptance is essential to formalize an order (at the time of purchase, and before the Client confirms the order, the Client must complete a box accepting these conditions as an essential requirement to confirm the order).
The headings of the various clauses are for informational purposes only and will not affect, qualify, or expand the interpretation of the General Conditions.
These General Conditions shall be governed by current legal regulations.
- PARTIES INVOLVED
Kit Cat Spain
B66536798
Email: info@kitcat.es
CUSTOMER
Any Consumer or User of the website www.kitcat.es will be considered a Client, whether a natural person acting for a purpose unrelated to their commercial, business, trade or profession, or a legal person or entity without legal personality acting on a non-profit basis in a field unrelated to a commercial or business activity, who places an order and accepts it at the time of placing it (acceptance of the General Conditions and confirmation of the order and its payment). All KIT CAT ESPAÑA Clients through its website www.kitcat.es will be considered final consumers, whether natural or legal persons, and the relationship between the selling company and the Client will be governed by current Spanish regulations relating to consumers and users.
The Customer must register as such and provide the following information in order to place an order: full name or company name, billing and delivery addresses (street name, building number, floor and letter, postal code and city), landline and mobile phone numbers, and email address.
In accordance with (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and Organic Law 15/1999 of 13 December on the Protection of Personal Data and with Law 34/2002 of 11 July on Information Society Services and Electronic Commerce , KIT CAT ESPAÑA will store the data provided by the Client in a file owned by KIT CAT ESPAÑA. These data will only be used for the required contracting and will not be transmitted to third parties under any circumstances, unless they are involved in the development of the purpose of the contract. KIT CAT ESPAÑA may send commercial information about its services, and the Client may cancel these communications at any time. To exercise the rights of access, rectification, cancellation or opposition of your data, the Client must contact: File Administrator (Data Protection), by email (info@kitcat.es)
- PURPOSE OF THE CONTRACT
The purpose of this contract is the online purchase and sale of products offered by KIT CAT ESPAÑA on its website www.kitcat.es, products for animals: accessories and food.
- OFFER FEATURES
KIT CAT ESPAÑA's offer is limited to the products listed on its website www.kitcat.es and is only valid for Spain (mainland). Orders from the Canary Islands, Ceuta, and Melilla are not accepted.
Each product has a listing on the website that indicates the product name, manufacturer's brand, the specific model it refers to, its features, an indicative photograph, and the product's retail price, including VAT.
The product information sheet for each product indicates its price, including VAT. Shipping and insurance costs are not included in this price. The total cost of the order (the retail price of the product(s) plus shipping costs) will be communicated to the Customer at the time of placing their order and prior to their acceptance.
The price of the products is the one that appears on the website at the time the order is placed.
- ACCEPTANCE OF THE OFFER AND CONFIRMATION OF THE ORDER
The Customer accepts the offer when they expressly consent to the order. This is confirmed by checking the box accepting the General Conditions ( "I accept the terms and conditions" ) and clicking the "Place order" button.
KIT CAT ESPAÑA will confirm the order by sending an email to the email address provided by the Customer when placing the order, which will include all the details of the order.
With each order, the Customer will be sent a receipt or proof of purchase in PDF format to the email address provided when placing the order (which will comply with the requirements and form indicated in Royal Decree 1496/2003, of November 28, which approves the Regulations governing invoicing obligations, and modifies the Value Added Tax Regulations ). If a Customer wishes to have this document in paper form, they may request it by email to info@kitcat.es, indicating the Customer's name and the order number, so that the document can be sent by regular mail to the billing address indicated in the order.
- PAYMENT OF ORDERS
Payment for your order will be made by debit or credit card through Banco Sabadell's payment gateway.
Your bank may charge you a fee for making the payment, a fee that is entirely unrelated to KIT CAT ESPAÑA.
- SHIPPING AND DELIVERY OF ORDERS
Delivery will be made door-to-door to the delivery address indicated by the Customer in the order's shipping information. Subsequent changes to this address may incur charges, which will, in all cases, be borne by the Customer.
Orders are not delivered to our facilities; all orders are sent to the Customer via a shipping company.
Order processing time may take up to 5 calendar days, excluding Saturdays, Sundays, and holidays. For orders placed on Fridays, the processing time begins on Monday.
However, it may take up to 7 days if we don't have what you request in our warehouse at that time. If the delivery time is longer than seven calendar days, we will contact you.
The courier company usually delivers during business hours.
If the Customer or the person designated to receive the order is not present at the address provided at the time of delivery, the delivery will be repeated twice. If the order cannot be delivered after two attempts, it will be returned to KIT CAT ESPAÑA, with the subsequent refund to the Customer of the payment made, less the shipping and return costs of the merchandise, which will be borne by the Customer. No claims for present or future, direct or indirect damages will be incurred.
If at the time of delivery it is clearly and visibly evident, without the need to manipulate the shipping packaging or the product itself, that a product has defects caused by damage in transit or, in the same way, an error is observed in the merchandise received, the Customer who accepts the delivery must report the defects to the carrier and notify KIT CAT ESPAÑA (by email to info@kitcat.es within 24 hours of receiving the order in order to request the return of the affected product or products, at no additional cost to the Customer.
In these cases, and without needing to accept delivery, the Customer may refuse delivery of the order, communicating the reason by email to info@kitcat.es.
Any defects occurring during transport or errors or defects in the merchandise received that are only noticeable after accepting delivery and unpacking the order or product must be reported within the first 24 hours of receiving the order by email to info@kitcat.es, indicating the name of the order holder, the order number, the damage caused to the product or the error therein, and requesting the return of the affected product at no additional cost to the Customer.
Once the merchandise has been delivered, and is in the physical possession of the Customer or a third party indicated by the Customer or the person who was at the delivery address set by the Customer, claims for defects produced during transport or for alleged errors or defects in the merchandise sent (whether noticed before handling the shipping packaging or the product, or verified after unpacking the order or the product) made outside the 24-hour period from delivery of the order will not entitle the Customer to return the product, it being understood that the defect was caused by the Customer or that the product sent was the one indicated at the time of placing the order, as the case may be.
- SHIPPING COSTS
Zone 1: Spain (Peninsula)
Shipping costs are free for orders over €39. For orders under this amount, shipping costs will be borne by the customer.
Shipping costs: Free for orders over €39. For orders under this amount, the price depends on the urgency, destination, and weight. We'll provide you with the exact shipping cost before placing your order; this price is generally €2.99.
Zone 2: Spain (Balearic Islands) and Portugal
Shipping costs are free for orders over €39. For orders under this amount, shipping costs will be borne by the customer.
Shipping costs: Free for orders over €39. For orders under this amount, the price depends on the urgency, destination, and weight. We'll provide you with the exact shipping cost before placing your order; this price is generally €5.50.
We do not currently ship to the Canary Islands, but we are working to do so soon.
Zone 3: Austria, Belgium, Czech Republic, France, Germany, Hungary, Italy, Luxembourg and the Netherlands.
Shipping costs are free for orders over €59.
For orders under this amount, shipping costs will be borne by the customer. Shipping costs depend on the urgency, destination, and weight of the order. The exact shipping cost will be calculated before finalizing the purchase.
The shipping costs applicable to your order will be added to the total purchase price of the selected products. They will be itemized and detailed during the purchasing process, and your prior acceptance will be required before confirming the order and completing the ordering process.
Remember that all delivery notes must be signed. Packages will be delivered to your home (to the front door of your home).
- ORDER CANCELLATIONS
The Customer may cancel an order before shipment according to these specifications:
Cancellation of unshipped orders:
To cancel an order that has not yet been shipped, the Customer must send an email to info@kitcat.es with their request, indicating the name of the order holder and the order number they wish to cancel.
If the order was prepaid, the refund will be processed according to the payment method chosen by the Customer when placing the order, except in cases where the refund cannot be made using the required method due to technical reasons, in which case the refund will be processed by bank transfer.
Cancellation of orders sent:
The customer can cancel the order by sending an email to info@kitcat.es with their request, indicating the name of the order holder and the order number they wish to cancel.
Once the shipping company delivers your order, we will refund the amount paid for the order, less shipping costs.
Cancellation of orders by KIT CAT ESPAÑA:
In the event of order cancellation, the Customer is entitled to be informed of the lack of availability and to a refund of the money paid in advance. The order will be considered canceled, with no claims for present or future, direct or indirect damages. The refund of the order amount will be issued as quickly as possible, and in no event more than fourteen days after the order was canceled.
The amount of the order or product will be refunded according to the payment method chosen by the Customer when placing the order, except in cases where a refund cannot be made using the required method due to technical reasons, in which case the refund will be made by bank transfer.
- RIGHT OF WITHDRAWAL
The Customer is granted the right to withdraw from the order within fourteen calendar days from the day on which the Customer, or a third party indicated or authorized by the Customer, other than the carrier, has acquired physical possession of the order.
To comply with the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of this right before the corresponding deadline expires.
Outside of this fourteen-calendar-day period, order cancellations will not be accepted.
The Customer must return or deliver the goods to us directly, without undue delay and, in any case, no later than fourteen calendar days from the date on which they notify us of their decision to withdraw from the contract. The deadline will be deemed met if the goods are returned before the expiration of this deadline.
To exercise his right, the Client must:
Notify KIT CAT ESPAÑA by email at info@kitcat.es of your decision to withdraw from the contract through an unequivocal declaration. We will assign you a return number and indicate the address to which the return must be sent or delivered. In the email, the Customer must clearly state their full name and the order number they wish to withdraw from. Returns without a return number resulting from an unequivocal declaration of withdrawal will not be accepted.
Send or deliver the product without damaging its original packaging. Do not write on it or stick anything on it. The packaging must be in perfect condition, and the product must retain all its original accessories and instructions, as well as any promotional gifts. The Customer will only be liable for any decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods. Therefore, returns of incomplete products, products with damaged packaging, or products without original packaging or promotional gifts will not be accepted.
Enclose an envelope stating: the name of the order holder (individual or legal entity), the order number, the assigned return number, and a copy of the receipt or proof of purchase or the order confirmation email.
If the Customer returns the product, they must return it postage prepaid. The cost of the return will be borne by the Customer, who is responsible for any loss or damage during shipping. KIT CAT ESPAÑA will not accept returns due to withdrawal sent postage due and/or cash on delivery.
If the Customer delivers the order to our facilities (Terrassa, 08223), they will be responsible for the direct cost of returning the order.
Returns will not be accepted without following these prior instructions.
The right of withdrawal will not be accepted for orders referring to:
- The supply of goods made according to the consumer and user's specifications or clearly personalized.
- The supply of sealed goods that have been unsealed after delivery.
- The supply of goods that, by their nature, are not suitable for return, are likely to spoil quickly, or whose expiration date has already expired.
- Those products that the customer does not return to KIT CAT ESPAÑA in perfect condition as they were sent.
Returns for defective products due to misuse or mishandling while the product is in the Customer's possession, nor for returns for withdrawal due to damage sustained during return shipping, will be rejected. These products will be returned to the Customer at their expense. The Customer will be notified of this so they can arrange for collection at their expense.
Once the product has been received at our warehouses and its condition has been verified before accepting the return due to withdrawal, the order amount will be refunded, less shipping costs.
Shipping costs for returning the product will be borne by the buyer.
We will proceed with the refund using the same payment method used by the Customer in the initial transaction, except in cases where the refund cannot be made using the requested method due to technical reasons, in which case the refund will be made via bank transfer. In any case, you will not incur any costs as a result of the refund.
If the returned products arrive incomplete, damaged, used, or soiled, KIT CAT ESPAÑA reserves the right to refund only a portion of the amount paid for the returned products.
We may withhold reimbursement until we have received the goods subject to withdrawal or until the Customer provides us with reliable proof of their return.
KIT CAT ESPAÑA assumes return costs only in the event of incorrect shipment or defective product.
- PRODUCT WARRANTY
KIT CAT ESPAÑA products have a two-year warranty against non-conformity, counting from the moment of delivery of the product.
The Client, within these periods, may demand compensation when the purchased good does not comply with the contract, giving him the option of demanding the repair or replacement of the good, unless these prove impossible or disproportionate, in which case the Client may demand a price reduction or the termination of the contract, all within the legal framework of guarantee established by 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 .
To exercise this warranty, the Customer must contact KIT CAT ESPAÑA by email to info@kitcat.es, stating:
- Name of the order holder (natural or legal person),
- Order number, and
- Cause of product non-conformity.
Warranty cases will not be accepted:
– When the products have been used and/or handled improperly and/or negligently, or not in accordance with their characteristics.
– Those arising from misuse of the product or ordinary wear and tear caused by its use.
– If any of the data on the purchase receipt is modified, altered, or replaced.
– Outside the established warranty periods.
- CONSULT YOUR VETERINARIAN IF FEEDING WITH VETERINARY FOOD
The Client confirms that the pet has been examined by a veterinarian, and that the veterinarian recommended the veterinary diet food. Additionally, while the pet is consuming the ordered product, the Client agrees to take their pet to the veterinarian for checkups every 6 months. Should their pet's health worsen while using a veterinary diet food, they must consult their veterinarian immediately.
- AFTER-SALES SERVICE
KIT CAT ESPAÑA provides the Client with a communication, support and assistance service to resolve any questions about the operation of the online store, the purchasing process or the products, through the "Frequently Asked Questions" section of our website and through email sent to info@kitcat.es
- CUSTOMER OBLIGATIONS
Please read and accept these General Conditions before confirming your order.
Comply with the General Conditions once the order has been accepted.
Pay the prices agreed upon at the time of placing the order.
- KIT CAT SPAIN OBLIGATIONS
Deliver the product in good condition to the designated shipping location.
Respect the price of the orders agreed upon at the time of placing them.
- CUSTOMER RIGHTS
Receive the products that make up your order in perfect condition.
Cancel the order before it is shipped by sending an email to info@kitcat.es
- KIT CAT SPAIN RIGHTS
Receive payment for orders.
Modify the prices established on your website for your products.
Modify product shipping times based on availability, notifying the Customer of this.
Cancel orders due to non-payment by the Customer or due to improper use of the website by the Customer.
Cancel the website without prior notice.
- RESPONSIBILITIES
KIT CAT ESPAÑA is not responsible for any damages arising from the Customer's misuse of the website www.kitcat.es, the online store, or its contents.
- NOTIFICATIONS
For the purposes of notifications, requests and writings of any kind arising from this contract, the address of KIT CAT ESPAÑA shall be understood to be that indicated in these General Conditions.
- VALIDITY OF THE CLAUSES
Even if a clause of these General Conditions or part thereof is declared invalid or unenforceable, the remaining clauses or parts thereof shall remain valid and enforceable.
- APPLICABLE REGULATIONS
These General Conditions are governed by current Spanish legislation, and specifically by: Civil Code ; Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws; Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16 ; Law 7/1998, of April 13, on General Contracting Conditions ; Law 34/2002, of July 11, on Information Society Services and Electronic Commerce ; Directive 2000/31 EC of the European Parliament and of the Council of June 8 ; and the regulations that develop them.