Introduction
This contractual document will govern the General Contracting Conditions for the purchase of goods that may deteriorate or expire quickly (hereinafter, “Conditions”) through the website kenshosake.com, property of Humbert Conti Martí – KENSHO SAKE under the trademark of Kenshô, hereinafter, PROVIDER, whose contact information also appears in the Legal Notice of this Website kenshosake.com.
These Conditions will remain published on the website available to the USER to reproduce and save as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER’s responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document means that the USER:
- has read, understands and understands what is stated here.
- is a person with sufficient capacity to hire.
- assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.
Identity of contracting parties
On the one hand, the PROVIDER of the food contracted by the USER is Humbert Conti Martí – KENSHO SAKE, with registered office at C/ Palangre 6, l’ampolla, 43895, NIF 46145156A and with customer/USER service telephone number 652834259.
And on the other hand, the USER, registered on the website using a username and password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of contract
The purpose of this contract is to regulate the contractual sales relationship born between the PROVIDER and the USER at the time the USER accepts the corresponding box during the online contracting process.
The contractual sales relationship entails the delivery, in exchange for a specific price and publicly displayed through the website, of a specific food product.
Hiring Procedure
The USER, in order to access the products offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), relating to the protection of people
with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal data and detailed in the Legal Notice and the Privacy Policy of this website.
The USER will select a username and password, agreeing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of any loss or theft thereof or possible access by an unauthorized third party. , so that it proceeds to immediate blocking.
Once the user account has been created, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contract clauses
- Shipping and delivery of orders
- Right of withdrawal
- Claims and online dispute resolution
- Force Majeure
- Competence
- Generalities of the offer
- Price and validity period of the offer
- Shipping cost
- Payment method, expenses and discounts.
- Purchasing process
- Dissociation and suspension or termination of the contract
- Applicable law and jurisdiction
1. GENERAL CONTRACT CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The delivery time will be between 2 and 6 business days, depending on the destination population and the chosen payment method. This term is understood provided that the availability of the merchandise has been confirmed and full payment of the order has been verified.
In the event that the PROVIDER has not delivered the merchandise, after 30 calendar days from the agreed delivery date, due to lack of availability of the product or service, the USER will be informed and will be entitled to cancel the order and receive the refund. of the total amount paid without any cost, and without resulting in any liability for damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER regarding the return of the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of said amount.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered made when the carrier has made the products available to the USER and the USER, or his or her delegate, has signed the delivery receipt document.
It is the USER’s responsibility to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.
3. RIGHT OF WITHDRAWAL
The foods offered are perishable, that is, they can expire or deteriorate in a short period of time. This type of supply of goods is exempt from return, according to subsection d) of article 103 of Law 3/2014, of March 27.
In any case, the USER is offered the possibility of claiming any possible defects or defects that the order presents within a period of 24 hours from delivery, both online and offline, and, if considered, make the return. .
All returns must be communicated to the PROVIDER, by email to info@kenshosake.com, indicating the corresponding invoice or order number. Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transportation costs at their expense, at the address of Humbert Conti Martí – KENSHO SAKE, C/ Palangre 6, l’ampolla, 43895.
After analyzing the case, if the PROVIDER considers that the product did not meet the conditions of sale, within a period of 48 hours he will inform the USER of the amount and conditions of its refund.
4. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact:
Postal address: Humbert Conti Martí – KENSHO SAKE, C/ Palangre 6, l’ampolla, 43895
Telephone: 652834259
E-mail: info@kenshosake.com
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may
finally suggest and/or impose a solution to the conflict.
Link to ODR platform:
http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.
6. COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Humbert Conti Martí – KENSHO SAKE or what is stipulated here, will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
The PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product purchased.
The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, the USER will be able to check all the details of the quote online: items, quantities, price, availability, transportation costs, charges, discounts, taxes and the purchase total. Prices may change daily while the order is not placed.
Once the order is placed, prices will be maintained whether products are available or not.
In the event that when placing the order, there is an “error” in the stock of the product and the product is not available, the USER will be informed if they can wait for a new delivery date or the corresponding refund will be made.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can be downloaded in PDF format by accessing the website management panel with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke said decision at any time.
For any information about the order, the USER may contact the PROVIDER’s customer service telephone number 652834259 or via email to the address info@kenshosake.com.
9. SHIPPING COSTS
Prices do not include shipping costs or additional services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated at the time of saving the basket or quote, since they are calculated by the weight of the products and the delivery address.
- Shipping costs and delivery times according to destination:
・Peninsular Spain €4.99. Delivery time 48 hours. From €70, free shipping costs.
・Portugal €9. Delivery time 72 hours.
・Balearic Islands €10. Delivery time 72 hours.
・France & Italy €18. Delivery time 72 hours.
・Benelux, UK & Germany €23. Delivery time 72 hours.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and allows the following ways to pay for an order:
- Bank Transfer
- Credit Card
- Paypal
The USER may use a discount coupon at the time prior to completing the purchase if it has been received by the PROVIDER.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. To achieve these purposes, the user/client accepts that the provider obtains data for the purposes of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards.
11. PURCHASE PROCESS
Any product from the catalog can be added to the cart. In this, only the items, quantity, price and total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative connection, it is only a section where a budget can be simulated without any commitment on both parties.
From the basket you can place an order by following the following steps for its correct formalization:
1. Checking billing information.
2. Checking the shipping address.
3. Selection of payment method.
4. Place the order (buy).
Once the order is processed, the system instantly sends an email to the PROVIDER’S management department and another to the USER’s email confirming the placement of the order, its status and the approximate shipping and/or delivery date.
12. DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
Kenshô may, without prior notice, suspend or terminate USER’s access to its e-commerce services, in whole or in part, for any valid reason, including, without limitation, when USER fails to comply or follow any of the obligations set forth herein or any applicable legal provisions, licenses, regulations, directives, codes of practices or usage policies.
Where Kenshô exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to Kenshô.
13. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any controversy that may arise from the provision of the products or services that are the subject of these Conditions.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between both in accordance with Art. 14.1 of Regulation (EU) 524/ 2013, without the need to resort to the courts of law. For more information, see clause «4. CLAIMS AND ONLINE DISPUTE RESOLUTION» of these conditions.
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