Terms of service
"This platform (hereinafter, 'the Platform') is owned by INTERLYNX DISTRIBUCIÓN S.L. (hereinafter, 'KIT CAT' or 'we'), a company located at Calle Manresa 236 08226, Terrassa (Barcelona), Spain, registered in the Commercial Registry of Barcelona with the following registration details: Volume 44820, Folio 59, Sheet 468481.
PLEASE TAKE A FEW MINUTES TO READ OUR TERMS AND CONDITIONS OF SERVICE CONTRACTING, IT WILL NOT TAKE YOU LONG.
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DESCRIPTION OF SERVICES OFFERED KIT CAT's: Platform allows customers to browse and purchase products sold on the website. INTERLYNX acts as the distributor of the products offered through the Platform. These General Terms and Conditions of Contracting (hereinafter, 'GTC') apply to the contracting of products advertised through KIT CAT's Platform by the customer, so it is recommended that you carefully and thoroughly read these GTCs each time you make a purchase, as well as the specific conditions, as they bind the customer in accordance with the Spanish regulations applicable to these cases. Contracting implies acceptance of the following: • That you are interested in contracting the products offered through KIT CAT's Platform, having the legal capacity to do so. All this in accordance with the terms set forth in these conditions. • The express declaration of having read, understood, and accepted, without reservation, these 'GTCs', made available to you at all times and prior to contracting. • The valid conclusion of a contract between the parties in accordance with these conditions and the applicable legislation, and therefore your commitment to pay the fees and payments due, as it is a sale of products with an obligation to pay. • Acceptance of any notices, rules of use, and instructions provided to you on kitcat.es. Non-acceptance will be considered or understood by the parties as your withdrawal from these general conditions, and consequently, will lead to their termination or resolution. • The language in which the contract between the parties is formalized and the contracted services are provided will be Spanish.
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APPLICABLE REGULATIONS The relationship between the parties will be governed by the formalization of an electronic contract in accordance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE) and by Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users (TRLDCU).
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CUSTOMERS Customers of the Platform wishing to contract products must be at least eighteen (18) years old or, in the case of minors, legally emancipated, and in any case, have sufficient legal capacity to contract validly. Also, by accepting these terms, you declare that all the information you provide to access KIT CAT, before and during its use, is true, accurate, complete, and precise. As a customer, you are solely responsible for the truthfulness and accuracy of the data provided in both the registration and purchasing process. However, we may request any documentary evidence necessary at any time to verify compliance with this condition. Any interested customer can purchase products on the platform. However, there are additional functionalities for those customers wishing to register.
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AVAILABILITY AND PRODUCT INFORMATION Our platform has the necessary information about the characteristics and availability of the goods and products offered. If, for any reason, the product is not available when processing your order, we will immediately inform you, and in this regard, we will not charge you any fee related to it. Additionally, each product is associated with more information typically linked or directly related to specific technical characteristics and data sheets, which will be completed by the suppliers.
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ACCEPTED PAYMENT METHODS You can use the following payment methods:
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Credit and debit cards. We use a secure SSL payment system (Secure Socket Layer). We accept payments with Visa, MasterCard, and American Express cards to provide flexibility to our customers. In this regard, you will need to enter your card details during the confirmation of your order. We adopt enhanced security measures to protect this information through the secure server system we adopt.
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PayPal. You can securely make payments through the electronic wallet system offered by the PayPal platform. However, we do not accept the following payment methods:
Cheques or postal orders. Cash payments in any currency. Promissory notes. Cash on delivery payments. Bank domiciliations. Bank transfers. 6. PRICES All prices displayed on our platform include legally applicable taxes, expressly indicating, if applicable, the corresponding breakdown in accordance with applicable regulations. In the event of your failure to comply with the contractual obligations stipulated, KIT CAT may terminate the contract between the parties, through a written communication that may be sent by email to the address provided by you, and retain any amount related to the order that has been paid up to that point, without prejudice to any additional claim related to compensation for damages that may have been caused to KIT CAT.
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CONFIRMATION OF RECEIPT OF YOUR ORDER Once you have successfully placed your order within the Platform, you will receive an order confirmation email. Likewise, you can review the details of the order through the 'My Account' section.
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EXECUTION OF THE CONTRACT Once you have received the email confirming the purchase, generally, the preparation of the order will begin in our warehouses. Orders are processed every day from Monday to Friday until 4:00 p.m. Orders placed later than 4:00 p.m. will be prepared the following morning. This preparation may be delayed in case of excess demand. In case KIT CAT does not execute the contract because the contracted product is not available, as indicated above, you will be informed of this lack of availability. If this lack of availability occurs after the contract has been concluded, you will promptly recover any amounts or monetary amounts that you have paid under it.
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SHIPPING POLICIES AND COSTS. 9.1. Geographic scope: You can purchase products from anywhere in Europe (except the Canary Islands). 9.2. What is the shipping cost?:
TERRITORY TARIFFS FOR PRODUCTS
Spain (peninsula) €4.99 per shipment.
For orders over €39, shipping is FREE.
Spain (Balearic Islands) €7.99 per shipment.
For orders over €49, shipping is FREE.
Portugal €5.99 per shipment.
For orders over €39, shipping is FREE.
Europe Zone 1 (Austria, Belgium, Czech Republic, Germany, France, Hungary, Italy, Luxembourg, Netherlands, Poland, Ireland) €8.95 per shipment.
For orders over €69, shipping is FREE.
Europe Zone 2 (Denmark, Finland, Sweden) €14.95 per shipment.
For orders over €99, shipping is FREE.
9.3. What transport companies do we use?: KIT CAT works with different logistics and transport companies depending on the delivery address and the nature of the orders. As a general rule, the companies responsible for managing our shipments are: Transport GLS SISTEMES D'ENTREGA A TEMPS SL, MRW, and CORREOS EXPRESS PAQUETERIA URGENTE SA.
9.4. Are there any shipping restrictions?: Currently, there are no shipping restrictions based on weight or size, although KIT CAT reserves the right to modify this policy or hiring condition.
9.5 How long should I wait to receive my order? Once you have received the purchase confirmation message, your order will be delivered within the following approximate periods:
For orders placed from the Peninsula and Balearic Islands within 3-4 business days. For orders placed from countries in zone 1 within 3-5 business days. For orders placed from countries in zone 2 within 4-6 business days. The shipping time may vary depending on the time of year and promotional campaigns.
9.6. What if my order has not been delivered? If you do not receive your order, please contact us as soon as possible to identify the problem that occurred. In cases where the shipping address provided is incorrect or lacks essential information, resulting in additional difficulties for transportation, we reserve the right to apply a surcharge on the shipping cost of €6. The surcharge will be applied only when we consider that the incorrect or incomplete address has generated additional costs in the delivery process. In these cases, we will notify you of the situation and provide details of the additional amount before proceeding with the shipment. In any case, if you have any doubts about the status and delivery of your order, you can contact us, and we will inform you based on the data and information that KIT CAT may handle regarding said order.
9.7. What if I couldn't pick up my order?
After two unsuccessful delivery attempts, the carrier may choose to leave the order at a collection point where you can pick it up within a specified period of time. If you do not collect the order from the collection point within this period and it is necessary to make a second shipment, KIT CAT reserves the right to apply an additional charge of €12. This additional charge will be applied to cover the costs associated with the new delivery attempt. If, after the return of the order to our facilities for not having been collected from the collection point, you decide to cancel the order, we reserve the right to deduct the cost associated with the return of the order from any refund or corresponding compensation. This additional charge of €12 will be applied to cover the costs of returning the order to our facilities. If, after the return of the order to our facilities for not having been collected from the collection point, you request us to resend the order to the delivery address, we reserve the right to charge €12 to cover the associated costs of the new shipment. KIT CAT reserves the right to modify the shipping conditions at any time, duly notifying customers.
10. CANCELLATION OF AN ORDER
You have the right to cancel an order at no cost if you notify your intention to cancel before we proceed with preparing the package. If your order is already prepared and you wish to cancel the shipment, KIT CAT reserves the right to refund the order amount with a deduction of €6 to cover associated preparation costs. In the event you request cancellation after the order has been handed over to the transport service and subsequently reject delivery, we reserve the right to deduct shipping costs from the refund to be issued. These costs will be deducted from the total refund due to you, and you will be notified of this deduction along with specific details.
11. RETURN AND REFUND POLICIES
a. Right of Withdrawal
You may exercise your right of withdrawal in accordance with applicable regulations, nullifying the contract and returning the received order. The procedure for exercising this right of withdrawal is as follows:
- You have a period of 14 days from the date of receiving the order to notify KIT CAT of your intention to exercise this right. You must send an email to info@kitcat.es indicating the reason for withdrawal, your full name as used in the order, and the order number.
- Once you communicate your intention to exercise this right, we will provide you with an address to which you must send the products in question without undue delay, and in any case no later than 14 calendar days from the date you notify us of your withdrawal decision.
The products must be returned in their original condition, without signs of improper use, damage, or manipulation, and with all accessories (including hangers), packaging, and original labels. 3. Once we receive the products at our facilities and verify that they are in perfect condition, we will proceed to refund all payments received, including standard delivery costs. If you had chosen a different shipping method than the standard one, you will need to bear the cost difference. 4. If the products do not arrive in optimal condition due to actions attributable to the customer, KIT CAT reserves the right not to accept the withdrawal or to refund a reduced amount for the order, considering the depreciation of the product's value. In this regard, for illustrative purposes but not limited to, KIT CAT will consider the following circumstances:
- Packaging that does not correspond to the original.
- Use and/or noticeable wear of the product.
- Existence of stains, scratches, damage, or bad odors on the products. The direct costs of returning the products will be borne by the customer.
Exceptions to the Right of Withdrawal The right of withdrawal shall not apply in the following cases:
Customized products. Products that can deteriorate or expire rapidly. Sealed products that are not suitable for return due to health protection or hygiene reasons and have been unsealed after delivery. Detailed information on whether a product is excluded from the right of withdrawal will be provided in the product description.
b. Defective Products
If a product purchased through the KIT CAT Platform presents manufacturing or quality defects, you have the right to request the return of the product and subsequent refund or replacement of the product. A defective product is one that does not offer the safety that could legitimately be expected, taking into account all circumstances, especially its presentation, reasonably foreseeable use, and the time it was put into circulation. The procedure in case of defective products is as follows:
- You must notify the existence of defects in the product by email to info@kitcat.es within 24 hours from the receipt of the order. KIT CAT may contact you to request additional information or evidence that clearly and evidently demonstrates the existence of the defects reported in the product.
- Subsequently, you must send the product in question to the address we indicate, in its original packaging, including all accessories and documentation that accompanied the product at the time of delivery.
- Once we receive the product, you may choose between a refund of the amount paid for the defective product or the replacement of the product with a new one in perfect condition, or repaired. KIT CAT reserves the right to opt for the repair or replacement of the defective product, whichever is more appropriate and feasible. The choice will depend on the nature of the defect and the availability of similar products. If repair or replacement of the defective product is not possible, we undertake to issue a full refund, including shipping costs associated with the defective product. For defective products, the direct costs of return will be borne by KIT CAT.
c. Guarantee
In accordance with applicable regulations, all products from the KIT CAT Platform catalog are covered by a warranty in case of non-conformity of the product. For all products purchased before January 1, 2022, a warranty of two (2) years is established from the date of delivery. For all products purchased after January 1, 2022, a warranty of three (3) years is established from the date of delivery. Products shall be considered compliant with the contract if:
- They meet the requirements detailed in the applicable regulations.
- They conform to the description, type of goods, quantity, and quality, and possess the functionality and other characteristics stipulated in the contract.
- They are suitable for the specific purposes for which you need them.
- They conform to the seller's description, the qualities presented to the customer, their fitness for ordinary uses, and the usual characteristics of similar products. The warranty shall cover the repair of the product or its replacement with a new one, and if neither of these options is possible, it shall be considered a reduction in the price of the product or the termination of the contract entered into. The warranty does not include damages caused by negligence, impacts, misuse or mishandling, inadequate voltage, electrical accidents, installation and/or use not in accordance with the instructions for use or not performed by the authorized technical service when applicable, nor perishable materials or consumables. Likewise, KIT CAT shall not be liable for non-conformities known to the customer or that the customer could not have ignored at the time of entering into the contract.
12. LIABILITY
KIT CAT shall not be liable for:
Losses that were not attributable to any breach on its part; Business losses (including loss of profit, revenue, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred). Any indirect or consequential losses that were not reasonably foreseeable by the parties at the time the sales contract of the goods or products between the parties was concluded.
For any delay or failure to meet its obligations arising from these conditions if such delay or failure is due to circumstances beyond the reasonable control of KIT CAT or attributable to any third party. This provision does not affect your right to receive the product within a reasonable time in line with Spanish legislation.
13. USE OF KIT CAT BRAND AND CONTENT
The Customer acknowledges that all rights associated with the brand, logo, and content hosted on the Platform are and will remain the exclusive property of KIT CAT. The Customer agrees not to deposit or request the registration, direct or indirect, of any trademark, word, sign, domain name, and/or anything else that may be identical or similar to, and/or that may create confusion in the market. In any case, the Customer agrees not to use the brand, logo, or content hosted on the Platform (even in its case) in association with other brands, signs, words, figures, devices, or anything else in a manner that could cause confusion, establish a new or different source of origin for the Products, or otherwise harm the unique and exclusive identity of the Products marketed by KIT CAT.
14. DATA PROTECTION
The information or personal data you provide to KIT CAT during a transaction on the Platform will be processed in accordance with the provisions of the Privacy Policy and Cookie Policy of the Platform. This policy explicitly regulates and governs KIT CAT's activities, including the legitimacy bases, data retention, etc. This regulatory framework establishes guidelines governing the protection and use of personal data, ensuring its handling complies with applicable regulations and practices. By accessing, browsing, and/or using the Platform, you declare that all information or data provided to us during the contracting process is true, accurate, complete, and precise.
15. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions are governed in all respects by the applicable Spanish law. In the event of a conflict or divergence in the interpretation and/or execution thereof, or of any other specific conditions, policies, and other legal notices provided on the platform, you expressly agree to submit to the competent Courts and Tribunals of Barcelona, waiving any other jurisdiction that may correspond to them. However, if you are a consumer, any litigation matters must be submitted to the competent Courts and Tribunals in your domicile or the place of performance of the obligation. Notwithstanding, you may submit the appropriate complaint or claim by contacting info@kitcat.es regarding the services provided by KIT CAT. Please note that you can also access the Online Dispute Resolution Platform developed by the European Commission, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, on online dispute resolution in consumer matters, by CLICKING HERE.
16. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF CONTRACTING
KIT CAT reserves the right to make changes, at any time, to its Platform, the policies, terms, and conditions applicable to it, or to the sale of goods and products that are articulated through it, including therefore these General Terms and Conditions of Contracting. In general, as a user and customer, you will be subject to the terms and conditions, policies, and contracting conditions in force at the time of contracting, being informed, through the email provided in the contracting process, of any projected changes in this area, well in advance for your due knowledge. If any of these conditions were declared invalid