These General Contracting Conditions (hereinafter, General Conditions) regulate the purchase and sale process of the products offered through the website www.kitcat.es.
The General Conditions bind KIT CAT ESPAÑA and the buyer (hereinafter, Client), granting them a series of rights and obligations, from the moment the Client places and accepts an order, and payment thereof, through the aforementioned website, and the order is confirmed by KIT CAT ESPAÑA by sending an email with its details. They are mandatory for both parties to know and comply with, so their acceptance is essential to be able to formalize an order (at the time of purchase, and before confirmation of the order by the Client, the Client must complete an acceptance box of the themselves as an essential requirement to confirm the order).
The headings of the different clauses are for information only, and will not affect, qualify or expand the interpretation of the General Conditions.
These General Conditions will be regulated by current legal regulations.
- INTERVENING PARTIES
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 with a purpose unrelated to their commercial, business, trade or profession, or a legal person or entity without legal personality that acts without intention. of profit in an area unrelated to a commercial or business activity, who places an order and accepts it at the time of its placement (acceptance of the General Conditions and confirmation of the order and its payment). All Clients of KIT CAT ESPAÑA through its website www.kitcat.es will be considered final consumers, whether they are natural or legal persons, and the relations between the selling company and the Client will be governed in accordance with current Spanish regulations regarding consumers and users.
The Client must register as such and provide the following information in order to place the order: name and surname or company name, invoice address and delivery address (street name, portal number, floor and letter, postal code and population), landline and mobile contact telephone numbers and contact email.
In accordance with (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 and Organic Law 15/1999, of December 13, on the Protection of Personal Data , and with Law 34/2002 , of July 11, 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. Said data will only be used for the required contracting, not being in in no case transmitted to third parties, unless they intervene in the development of the object of the contract. KIT CAT ESPAÑA may send commercial information about its services, and the Client may cancel said communications at any time. To exercise the rights of access, rectification, cancellation or opposition of their data, the Client must contact: File Administrator (Data Protection), by email (info@kitcat.es)
- OBJECT OF THE CONTRACT
The purpose of this contract is the online purchase and sale of the products offered by KIT CAT ESPAÑA on its website www.kitcat.es, products for animals: accessories and food.
- CHARACTERISTICS OF THE OFFER
The KIT CAT ESPAÑA offer is limited to the products that appear on its website www.kitcat.es, and is only valid for Spain (Peninsula. Orders from the Canary Islands, Ceuta and Melilla are not accepted).
Each product has a file on the website that indicates the name of the product, the manufacturer's brand, the specific model to which it refers, its characteristics, an indicative photograph and the retail price of the product with VAT included.
The sheet of each product indicates its price including VAT. Shipping and merchandise insurance costs are not included in this price. The total cost of the order (retail price of the product or products that comprise it plus shipping costs) will be communicated to the Client at the time of placing their order and prior to its acceptance by the Client.
The price of the products is the one that appears on the website at the time of placing the order.
- ACCEPTANCE OF OFFER AND CONFIRMATION OF ORDER
The acceptance of the offer by the Client occurs at the moment in which the Client gives his express consent to the order placed. It is materialized by checking the acceptance box of the General Conditions ( "I accept the terms and conditions" ) and clicking on the "Place the order" button.
KIT CAT ESPAÑA will confirm the order by sending an email to the email address provided by the Client when placing the order, an email in which all the details of the order will be indicated.
With each order, a ticket or proof of purchase in PDF format will be sent to the Customer, to the email address provided when placing the order (which will meet the requirements and form indicated in Royal Decree 1496/2003, of November 28, which approves the Regulation that regulates billing obligations, and modifies the Value Added Tax Regulation ). If a Client wishes to have this document on paper, they may request it by email addressed to info@kitcat.es, which will indicate the Client's name and the order number, so that the document can be sent by ordinary mail to the billing address listed on the order.
- PAYMENT OF ORDERS
Payment for the order will be made with a debit or credit bank card through the Banco Sabadell payment gateway.
Your bank may charge you a commission for making the payment, a commission completely 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 shipping details. Subsequent modification of this address may generate a series of expenses that will, in any case, be borne by the Client.
Orders are not delivered to our facilities, all are sent to the Customer by transport company.
Order preparation time may take 5 calendar days, excluding Saturdays, Sundays and holidays. For orders placed on Friday, the indicated period is counted from Monday.
However, they can take up to 7 days if we do not have what you request in our warehouse at that time. If the period exceeds seven calendar days, we will contact you.
The courier company usually delivers during business hours.
In the event that the Client or the person designated by him to receive the order is not at the address provided at the time of delivery of the package, the delivery will be repeated twice. If after two attempts, the order cannot be delivered, it will be returned to KIT CAT ESPAÑA, with the consequent return to the Client of the payment made, less the costs of shipping and return of the merchandise, which will be borne by the Client, and without that any claim for damages, present or future, direct or indirect, may arise.
If at the time of delivery it is visible and clear, without the need to manipulate the shipping packaging or the product itself, that a product has defects caused by damage in transport or if, in the same way, a error in the merchandise received, the Customer who accepts the delivery must report the defects to the carrier and notify KIT CAT ESPAÑA (by email addressed to the address info@kitcat.es within 24 hours of receiving the order. to be able to request the return of the affected product or products, without any additional expense for the Client.
In these cases, and without having to accept delivery, the Client may refuse delivery of the order, communicating the reason by email addressed to the address info@kitcat.es.
Defects produced during transport or errors or defects in the merchandise received that are only noticeable after having accepted the delivery and having unpacked the order or product must be reported within the first 24 hours from receipt of the order by email addressed to info @kitcat.es, indicating the name of the order holder, the order number and the damage caused to the product or the error in it and urging the return of the affected product, at no additional cost to the Customer.
Once the merchandise is delivered, being in the material possession of the Client or of a third party indicated by the Client or of the person who was at the delivery address established by the Client, claims for defects produced during transport or for alleged errors or Defects in the merchandise sent (whether they are noticed before handling the shipping packaging or the product packaging, or they are verified after having unpacked the order or the product) made outside the period of 24 hours from the delivery of the order will not entitle the Customer to upon the return of the product, it being understood that the defect has been 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 less than this amount, shipping costs will be borne by the Customer.
Shipping costs amount: free from €39 of purchase. For purchases less than this amount, the price depends on the urgency, destination and weight of the item. Before making the purchase we give you the exact shipping price, this price will generally be €2.99.
Zone 2: Spain (Balearic Islands) and Portugal
Shipping costs are free for orders over €39. For orders less than this amount, shipping costs will be borne by the Customer.
Shipping costs amount: free from €39 of purchase. For purchases less than this amount, the price depends on the urgency, destination and weight of the item. Before making the purchase we give you the exact shipping price, this price will generally be €5.50.
We currently do not ship to the Canary Islands, but we are working to be able to do so soon.
Zone 3: Austria, Belgium, Czech Republic, France, Germany, Hungary, Italy, Luxembourg and Holland.
Shipping costs are free for orders over €59.
For orders less than this amount, shipping costs will be borne by the Customer. The shipping price depends on the urgency, destination and weight of the shipment, the exact shipping price is calculated before completing the purchase.
The shipping costs that result from your order will be added to the total purchase price of the selected products. They will appear broken down and detailed during the purchasing process and prior acceptance will be required before confirming the order and finalizing the contracting process.
Remember that all delivery notes must be signed. The packages will be delivered to your home (to the home portal).
- ORDER CANCELLATIONS
The Customer may cancel an order before shipping in accordance with these specifications:
Cancellation of unshipped orders:
To cancel an order that has not yet been sent, 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 had been paid in advance, the amount will be refunded in accordance with the payment method made by the Client when placing the order, except in cases where the refund in the required mode is not possible due to technical reasons. , in which case the refund will be made by bank transfer.
Cancellation of sent orders:
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 transport company sends us the order, we will refund the amount paid for the order, deducting the shipping costs.
Cancellation of orders by KIT CAT ESPAÑA:
In the event of cancellation of the order, the Customer will be entitled to be informed of the lack of availability and to recover the money paid in advance, with the order considered canceled and without any claim for damages, present or future, direct or indirect. The refund of the order amount will occur in the shortest possible time, and never within a period of more than fourteen days from when the order was cancelled.
The amount of the order or product will be refunded in accordance with the payment method made by the Client when placing the order, except in cases where the refund in the required mode is not possible due to technical causes, in which case the refund will be made. The refund will be made by bank transfer.
- RIGHT OF WITHDRAWAL
The Client is granted the right to withdraw from the order within a period of fourteen calendar days from the day on which the Client, or a third party indicated or authorized by the Client, other than the carrier, has acquired material possession of the order.
To comply with the withdrawal period, it is sufficient for the communication regarding your exercise of this right to be sent before the corresponding period expires.
Outside of this period of fourteen calendar days, order revocations will not be accepted.
The Client must return or hand over the goods directly to us, without any undue delay and, in any case, no later than within fourteen calendar days from the date on which they communicate their decision to withdraw from the contract. The deadline will be considered met if you return the goods before said deadline has expired.
To exercise their right, the Client must:
Notify KIT CAT ESPAÑA by email to the address info@kitcat.es of your decision to withdraw from the contract through an unequivocal statement. We will assign you a return number and indicate the address to which you must send or deliver the return. In the email, the Customer must clearly indicate their name and surname and the order number from which they wish to cancel. Returns will not be accepted without a return number as a result of an unequivocal declaration of withdrawal.
Send or deliver the product without damaging its original packaging. You should not write on them or stick anything on said packaging. The packaging must be in perfect condition and the product must retain all its original accessories and instructions, as well as promotional gifts if any. The Client will only be responsible for the decrease in 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 or with damaged or damaged packaging will not be accepted. Without original packaging or without promotional gifts.
Attach an envelope indicating: the name of the order holder (natural or legal person), 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 sends the product, they must return it postage paid. The cost of the return will be borne by the Client, who will be responsible in the event of loss or damage during transport. 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 complying with these prior instructions.
The exercise of the right of withdrawal will not be accepted in orders referring to:
- a) The supply of goods made in accordance with the specifications of the consumer and user or clearly personalized.
- b) The supply of sealed goods that have been unsealed after delivery.
- c) The supply of goods that, due to their nature, are not suitable for reshipment, may spoil quickly, or whose expiration date has already expired.
- d) Those products that the client does not return to KIT CAT ESPAÑA in perfect condition as they were sent.
Nor will revocations of defective products be accepted due to misuse or manipulation while the product is in the power and possession of the Customer, nor will returns be accepted due to withdrawal with damage caused during transportation of the return. Said products will be returned to the Customer at their expense. This point will be communicated to the Client so that they can order its collection at their expense.
Once the product is received in our warehouses, and after checking its condition to accept the return for withdrawal, the amount of the order will be refunded, after deduction of shipping costs.
Shipping costs resulting from the return of the product will be borne by the buyer.
We will proceed to make said refund using the same payment method used by the Client in the initial transaction, except in cases where the refund in the required modality is not possible due to technical reasons, in which case the refund will be made by bank transfer. ; In any case, you will not incur any expenses as a result of the refund.
In the event that the returned products arrive incomplete, damaged, used or dirty, KIT CAT ESPAÑA reserves the right to refund only a part of the amount paid for the returned products.
We may withhold the refund until we have received the goods subject to withdrawal or until the Client presents us with reliable proof of their return.
KIT CAT ESPAÑA assumes the return costs only in case of erroneous shipment or defective product.
- PRODUCT WARRANTY
KIT CAT ESPAÑA products have a guarantee for lack of conformity of the good for two years from the moment of delivery of the product.
The Client, within these periods, may demand remediation 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 are impossible or disproportionate, in which case the Client may demand the 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 consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws .
In order to exercise this guarantee, the Client must contact KIT CAT ESPAÑA by email sent to the address info@kitcat.es in which they will indicate:
- Name of the holder of the order (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 manipulated improperly and/or negligently or not in accordance with their characteristics.
– Those that arise 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 THE VETERINARY IF FEEDING VETERINARY FOOD
The Client confirms that the animal has been examined by a veterinarian, and that the veterinarian has recommended veterinary diet food. Additionally, while the pet is consuming the requested product, the Client agrees to take their pet to the veterinarian for checkups every 6 months. Should your pet's health worsen while using a veterinary diet food, you should immediately consult your veterinarian.
- 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 purchase process or the products, through the “Frequently Asked Questions” section of our website. via email sent to info@kitcat.es
- CUSTOMER OBLIGATIONS
Read and accept these General Conditions before confirming the order.
Respect the General Conditions once the order is accepted.
Pay the prices agreed upon at the time of placing the order.
- CAT SPAIN KIT 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 shipping, communicating this by email to info@kitcat.es
- CAT SPAIN KIT RIGHTS
Receive payment for orders.
Modify the prices established on your website for your products.
Modify product shipping times according to their availability, communicating this to the Client.
Cancel orders due to non-payment by the Client or due to improper use of the page by the Client.
Cancel the website without prior notice.
- RESPONSIBILITIES
KIT CAT ESPAÑA is not responsible for any damages arising from the misuse that the Client may make of the website www.kitcat.es, the online store or its contents.
- NOTIFICATIONS
For the purposes of notifications, requirements and writings of any kind to which this contract gives rise, the address of KIT CAT ESPAÑA will be understood to be the one indicated in these General Conditions.
- VALIDITY OF THE CLAUSES
Even if a clause of these General Conditions or one of its parts is declared invalid or inapplicable, the rest of the clauses or its parts will continue to be valid and have value.
- APPLICABLE REGULATIONS
These General Conditions are governed by current Spanish regulations, and specifically by: Civil Code ; Royal Legislative Decree 1/2007, of November 16, which approves the consolidated 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 consolidated 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.