Terms of service

The KIT CAT Platform allows customers to view and purchase products marketed 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 the KIT CAT Platform by the customer. Therefore, each time you are going to make a purchase, we recommend that you carefully and thoroughly read these GTC, as well as any specific conditions, as they are binding on the customer, in accordance with the Spanish regulations applicable to such cases.

Entering into the contract implies acceptance of the following:

The relationship between the parties shall be governed by the conclusion of an electronic contract in accordance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE) and Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users (TRLDCU).

Customers of the Platform who wish to purchase products must be at least eighteen (18) years of age or, in the case of minors, be legally emancipated and, in all cases, have sufficient legal capacity to validly enter into a contract. Likewise, by accepting these terms, you declare that all information you provide in order to access KIT CAT, both 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 during both the registration and purchase processes. However, we may at any time request any supporting documentation deemed necessary in order to verify proper compliance with this condition. Any interested customer may purchase products on the Platform. However, additional features are available to customers who choose to register.

Our Platform provides the necessary information regarding the characteristics and availability of the goods and products offered. If, when processing your order, the product is unavailable for any reason, we will inform you immediately and, accordingly, no charge will be made in relation to that product. In addition, each product is associated with further information that is usually directly linked or related to its specific characteristics and technical data sheets, which will be completed by the suppliers.

1

Credit and debit cards

We use a secure SSL (Secure Socket Layer) payment system. We accept payments by Visa, MasterCard and American Express cards in order to provide flexibility to our customers. In this regard, you will need to enter your card details when confirming your order. We adopt enhanced security measures to protect this information through the secure server system we use.

2

PayPal

You may make payments securely using the electronic wallet system provided 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.
• Direct debits.
• Bank transfers.

All prices displayed on our Platform include all legally applicable taxes, with the corresponding breakdown expressly indicated where applicable in accordance with applicable regulations. If you breach the contractual obligations established, KIT CAT may terminate the contract between the parties by means of written notice, which may be sent by email to the address provided by you, and retain any amount relating to the order that has been paid up to that point, without prejudice to any additional claim for compensation for damages and losses caused to KIT CAT.

Once you have successfully placed your order through the Platform, you will receive an order confirmation email. You may also review the order details through the “My Account” section.

Once you have received the email confirming your purchase, preparation of the order at our warehouses will generally begin. Orders are processed every day from Monday to Friday until 4:00 p.m. Orders placed after 4:00 p.m. are prepared first thing the following morning. This preparation may be delayed in the event of excessive demand. If KIT CAT is unable to perform the contract because the contracted product is unavailable, as previously indicated, you will be informed of this lack of availability. If such unavailability occurs after the contract has been entered into, any sums or amounts of money you have paid under the contract will be refunded without undue delay.

9.1. Geographical scope

You may purchase products from anywhere in Europe (except the Canary Islands).

9.2. How much does shipping cost?

9.3. Which shipping companies do we use?

KIT CAT works with different logistics and transport companies depending on the shipping address and the nature of the orders. As a general rule, the companies responsible for managing our shipments are: Transporte GLS SISTEMES D’ENTREGA A TEMPS SL, MRW and CORREOS EXPRESS PAQUETERIA URGENTE SA.

9.4. Are there any shipping restrictions?

At present, no shipping restrictions apply based on weight or size, although KIT CAT reserves the right to modify this policy or contractual condition.

9.5. How long should I expect to wait for my order?

Once you have received the purchase confirmation message, your order will be delivered within the following approximate timeframes:

• For orders placed from mainland Spain and the Balearic Islands: 3–4 working days.
• For orders placed from Zone 1 countries: 3–5 working days.
• For orders placed from Zone 2 countries: 4–6 working days.

Shipping times 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 so that we can identify the problem that has occurred. Where the shipping address provided is incorrect or essential information is missing, resulting in additional difficulties for the carrier, we reserve the right to apply a €6 surcharge to the shipping cost. The surcharge will only be applied when we consider that the incorrect or incomplete address has generated additional costs during the delivery process. In such cases, we will notify you of the situation and provide details of the additional amount before proceeding with the shipment. In any event, if you have any questions regarding the status and delivery of your order, you may contact us and we will provide you with information based on the data and information available to KIT CAT at that time regarding the relevant order.

9.7. What if I have not been able to collect my order?

After two unsuccessful delivery attempts, the carrier may choose to leave the order at a collection point where you can collect it within a specified period of time. If you do not collect the order from the collection point within this period and a second shipment is required, 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 order has been returned to our premises because it was not collected from the collection point, you decide to cancel the order, we reserve the right to deduct the cost associated with returning the order from any corresponding refund or compensation. This additional charge of €12 will be applied to cover the costs of returning the order to our premises.

If, after the order has been returned to our premises because it was not collected from the collection point, you request that we send the order again to the delivery address, we reserve the right to charge €12 to cover the costs associated with the new shipment. KIT CAT reserves the right to modify the shipping conditions at any time, duly notifying customers of such changes. Any situation not covered by these conditions will be subject to negotiation on a case-by-case basis.

You have the right to cancel an order at no cost if you notify us of your wish to cancel before we begin preparing the package. If your order has already been prepared and you wish to cancel the shipment, KIT CAT reserves the right to refund the amount of the order less €6 to cover the costs associated with preparing it. If you request cancellation after the order has been handed over to the transport service and subsequently refuse delivery, we reserve the right to deduct the costs associated with shipping from the refund to be issued. These costs will be deducted from the total refund due to you, and you will be informed of this deduction together with the specific details.

A

Right of withdrawal

You may exercise your right of withdrawal in accordance with applicable regulations, cancelling the contract entered into and returning the order received. The procedure to be followed when exercising this right of withdrawal is as follows:

B

Defective products

If a product purchased through the KIT CAT Platform has manufacturing or quality defects, you will have the right to request the return of the product and its subsequent refund or replacement. A defective product shall be understood as one that does not provide the level of safety that may legitimately be expected, taking into account all circumstances and, in particular, its presentation, the reasonably foreseeable use of the product and the time at which it was placed on the market. The procedure in the case of defective products shall be as follows:

C

Warranty

In accordance with current applicable regulations, all products in the KIT CAT Platform catalogue are covered by a warranty in the event that the product presents a lack of conformity.

KIT CAT shall not be liable for:

• Losses that are not attributable to any breach on its part;
• Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessarily incurred expenses).
• Any indirect or consequential losses that were not reasonably foreseeable by the parties at the time the contract for the sale of the goods or products was entered into between them.
• Any delay or failure to fulfil its obligations arising from these conditions if such delay or failure results from 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 period in accordance with Spanish law.

The Customer acknowledges that all rights associated with the trademark, logo and content hosted on the Platform are and shall remain the exclusive property of KIT CAT.

The Customer undertakes not to file or request, directly or indirectly, the registration of any trademark, word, sign, domain name and/or anything else that may be identical or similar to it and/or that may create confusion in the market.

In any event, the Customer undertakes not to use the trademark, logo or content hosted on the Platform (including, where applicable) in association with other trademarks, signs, words, figures, devices or anything else in such a way as to cause confusion, constitute 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.

The personal information or data you provide to KIT CAT during a transaction on the Platform will be processed in accordance with the Privacy Policy and Cookie Policy of the Platform. These policies expressly set out and regulate KIT CAT's activities, legal bases, data retention, etc. This regulatory framework establishes the guidelines governing the protection and use of personal data, ensuring that they are handled in accordance with applicable regulations and practices.

By accessing, browsing and/or using the Platform, you declare that all information or data you provide to us during the contracting process are true, accurate, complete and precise.

These GTC are governed in all respects by applicable Spanish law. In the event of any conflict or disagreement concerning their interpretation and/or enforcement, or that of any other specific conditions, policies or legal notices displayed on the Platform, and with the parties waiving any other jurisdiction that may otherwise apply to them, jurisdiction shall lie with the competent Courts and Tribunals of Barcelona. However, where the customer has the legal status of a consumer, disputes shall be submitted to the competent Courts and Tribunals at the consumer's domicile or at the place where the obligation is to be performed. Without prejudice to customers being able to submit the appropriate complaint or claim by contacting info@kitcat.es regarding the services provided by KIT CAT, you are informed that you may use 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 for consumer disputes. To access this platform, you may do so by CLICKING HERE.

KIT CAT reserves the right to make changes at any time to its Platform and to the policies, terms and conditions applicable to it or to the sale of goods and products conducted through it, including these General Terms and Conditions of Contracting. As a general rule, as a user and customer you will be subject to the terms and conditions, policies and contractual conditions in force at the time you enter into the contract, and you will be informed, through the email address provided during the contracting process, of any planned changes in this area sufficiently in advance for you to be duly informed. If any of these conditions is declared invalid, null and void or ineffective for any reason, that condition shall be deemed excluded without such declaration affecting the validity or enforceability of the remaining conditions.