1. Preliminary
This portal is owned by KAVE HOME S.L.U (hereinafter, "Kave")
With fiscal address in Girona (17410), C/ Tallers, 14.
Tax number (CIF) B-55.159.271
Registered in the Girona Mercantile Registry in Volume 2910, Folio 92, Sheet GI 54360.
It is the responsibility of the user to be aware of the General Sale Conditions in force when starting the Purchasing process.
Kave can modify these General Conditions of Sale at any time. Modifications will not affect any purchases made prior to the approval of said modifications, in any case. Purchases will always be governed by the General Conditions in force at the time of making the purchase.
Please, read carefully the information of every product to be aware of their specific conditions, as these General Conditions may be completed or modified by specific clauses or specific conditions of certain products, especially regarding exclusion of rights of withdrawal, changes or refunds.
The electronic document in which the contract is formalized will be archived by Kave and can be consulted through our website with authentication of your username and password or the means established in each case. A paper copy can be requested from Customer Service, customer@kavehome.com, whose details are outlined in Clause 12 of the General Conditions of Sale.
By accepting these conditions, the user declares themselves to be of legal age and have enough legal capacity to be bound by these General Sale Conditions.
2. Applicable law
This electronic contract is subject to Spanish regulations and specifically to the legal framework by Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSICE). The electronic contract will not be filed by a third party and the language for its conclusion is Spanish.
The current General Conditions may be saved and reproduced at any time by the user making a purchase through the options of their internet browser and must be accepted before proceeding to the payment of the products.
3. Registering as a user
In order to purchase Kave products electronically, it is not necessary to register as a user of the page (www.kavehome.com). You can make the purchase without registering.
Registration as a user is free and must be done through the "Create an account " tab on the website itself. At the end of the registration process you will receive an email confirming that the process has been completed correctly.
The user can access the section of registered users with their user name and password or in other ways which enable Kave to authenticate users. In their profile, the user can find relevant information such as that which is related to previous orders or the shipping address provided.
The user can unsubscribe at any time by sending an email to the address: customer@kavehome.com. Unsubscribing as a user will imply the cancellation of the user’s personal data.
4. Validity period of the offer
Notwithstanding the provisions of the specific legislation, electronic offers or proposals for hiring will be valid for the period established by Kave or, failing that, throughout the time they remain accessible to the recipients.
5. Purchasing process
The purchasing process is composed of the following steps:
(i) Product selection: Browse our page and click on the "Add to cart" button each time you want to add a product to your order. The shopping cart contains the name of the selected product, the quantity and the price in euros.
(ii) Beginning of the purchasing process: To start the purchase process press the "Checkout" button.
(iii) Completion of the purchase data: Before selecting the payment method, you must complete the details of your purchase and correct any errors in the data entry. Once you have verified your information, confirm your order.
(iv) Selection of payment method: Select your preferred payment method, accept the current General Sale Conditions by checking the corresponding tab and click on the “Finish order” button. At that time, the contract will be completed for all intents and purposes.
(v) Purchase confirmation: Once we receive your approval, Kave will issue a confirmation on screen that you can archive which will contain the following information:
- Order number
- Date of order
- Summary of products included in the order.
In all cases, Kave will issue a confirmation of purchase by email within a maximum period of 24 hours from receipt of the purchase order.
Throughout the purchase process you can consult the General Conditions of Purchase, as well as see the final price of the selected products.
Once the purchase is confirmed, the customer cannot modify or cancel the order outside the cases provided by law or in these General Conditions.
6. Price, taxes and shipping charges
All the prices indicated on the website are referred to in euros and include taxes and fees applicable to the Spanish territory, notwithstanding the fact that the purchase of the products from another territory could incur corresponding taxes and/or customs duties. Kave, using the bank details entered by the user on the website, will charge the final amount of the order.
The shipping costs will be detailed at the end of the purchase process, where you can choose the desired shipping method. These shipping costs will be borne by the user in full.
Prior to accepting the price through the “Finish order” option, the user will see the full final price of the order, broken down, if desired, the amount of the additions or discounts applied, as well as transport costs, taxes, customs duties and other additional services.
Product prices may vary at any time depending on Kave’s pricing policy. The products purchased will be billed at the price in effect at the time of purchase.
7. Payment
Users may pay the amount of the products purchased by any of the following means:
a) We accept almost all credit and debit cards.
b) Via PayPal.
c) Via bank transfer.
Kave guarantees that it will treat the personal data obtained through the registration form filled out by the user with total security and confidentiality.
8. Invoice
Kave will send proof of purchase by email to the address provided by the user. Likewise, if the user wants to download the order invoice: the user must log in and access the "My Orders" section within the personal account. Once selected the order for which the user wants the invoice, he should click on the "Download Invoice" button at the bottom.
If the order has been placed as a guest and therefore the user does not have a personal account, the user must create a new account with the same e-mail address with which the order has been placed with and follow the steps explained above.
9. Delivery
Orders are dispatched within the following territories: Mainland Spain (includes Balearic Islands), Metropolitan France (includes Corsica), Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, Germany, Hungary, Ireland, Italy (includes Sardinia and Sicily), Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Portugal, Poland, Romania, Slovakia, Slovenia and Sweden.
Home delivery is from Monday to Friday. The user can rectify any detail regarding shipment, as well as the delivery method, according to the options provided by Kave at any time.
Shipments made outside the territory of the Iberian Peninsula may entail additional charges in terms of transport and delivery of products that, in all cases, will be made clear to the user during the purchasing process. The standard cost of international deliveries is available here: https://faq.kavehome.com/en-US/faq/article/KA-01064
The user will gain ownership of the products in question once they have paid the entire agreed price.
If delivery is not possible, Kave is entitled to cancel the contract due to the impossibility of compliance and without prejudice to the claims that may be initiated by the Kave in case of fraud or the user’s fault.
Kave will not be responsible for the state in which the products are delivered to the user in case of impossibility of delivering the order within the agreed period for reasons attributable to the user.
The assumption of risk by the user regarding the products will take place at the time of delivery of these, regardless of when the user acquires ownership over the products. Therefore, Kave will not be responsible for any robbery, theft, deterioration, damage or loss of products that occurs after their delivery to the user.
10. Responsibility for the delivery
Kave does not guarantee permanent availability of products, and is exempt from any type of responsibility provided that it does not bring cause of a malicious breach by Kave, or is derived from errors in the unavailability of the service of the telematic networks of data transfer outside of their will.
Also, Kave will be released from the fulfillment of its delivery obligations provided in Clause 9 above, and declines all responsibility in this regard, in the following cases:
a) Full or partial non-payment by the user.
b) Omission or inaccuracy of the information that, in accordance with Clauses 3, 5, 6 and 7, the user must provide when placing the order.
11. Returns
11.1.- WITHDRAWAL
In accordance with Spanish law, the user has the right to withdrawal, by virtue of which they may return the product received if they find that it does not meet expectations.
The exercise of the right to withdrawal is reserved for users who act as consumers and/or users, in accordance with the definition given to them by the Royal Legislative Decree 1/2007 of November 16th, which approves the consolidated text of the General Law for the Defense of Consumers and Users, being able to exercise it within a maximum period of fourteen (14) calendar days from its receipt and according to the official calendar of the place where the product has been delivered. In order to exercise this right, the product must be in perfect conditions and in its original packaging.
The refund of the purchase price will be made once the condition of the merchandise has been checked and with the same payment method used for the order and, in all cases, in a maximum of fourteen (14) calendar days from the irrefutable receipt of the request for withdrawal, as long as Kave who manages the collection of the product. In the event that the user returns the product through a transport company of their choice, the refundo f the purchase price will be made in the period of fourteen (14) days starting from the day when Kave has knowledge of the shipment of the product or, failing that, from its receipt.
The return expenses derived from the exercise of the right of withdrawal shall be accountable to Kave only when they correspond to shipments initially destined to the territories of Spain, France and Italy. In the case of having hired a delivery method with a higher cost than the standard delivery method, in case of exercising the right of withdrawal the amount reimbursed will be equivalent to the standard delivery method. The customer will must asume the costs of the return of the products and deliver the products to the address specified by Kave at any time or to the following address: Polígono Industrial Pla de la Mata, sector S-3, Carretera Hostalric-Blanes C-35 km. 72, 08495 Fogars de la Selva (Barcelona).
If products do not arrive in perfect condition, Kave reserves the right to charge a lower amount for your order, making up for the amounts that the user must pay for the breach of the obligations established here.
To process this type of return, the user must follow the steps indicated here: https://faq.kavehome.com/en-US/faq/article/KA-01110
To exercise the right of withdrawal, the user must notify Kave, at Girona (17410), c/ Tallers 14, with telephone (+34) 972 82 85 56 and email customer@kavehome.com, your decision to desist from the purchase made, through an unequivocal statement, by letter sent by post, fax or email: Withdrawal Form
11.2.- DEFECTIVE OR DAMAGED PRODUCT DURING TRANSPORTATION
When the product has been damaged during transport it is essential that the user communicates it to Kave on the day of receipt and signals it on the carrier’s delivery note. To process this type of incidence, the user can report it via its personal account following these steps: https://faq.kavehome.com/en-US/faq/article/KA-01109
Kave will cover the shipping costs for the delivery and return of the product.
If the user wishes to return merchandise with a transport company different from the one proposed by Kave and the transport company selected by the user charges higher rates, the user will assume the difference of the transport cost.
Before opening a product, the user must verify that the packaging matches what was requested (model, color, size, finish, etc.), making an immediate claim in case of any anomaly. If the user detects an anomaly before opening the product, Kave requests that they do not break the seal nor open the packaging and, if possible, to write “accepted with reservations” on the delivery note and specify what is the issue.
In case the user is not satisfied with the status of the delivered products, they should immediately contact Kave on: (+34) 972 82 85 56 or by email at customer@kavehome.com and always within 24 hours from the receipt of the order.
12. Customer service
For any enquiries or incidents, the user may check Kave’s FAQ https://faq.kavehome.com/en-US/ and can contact Kave customer service by the phone or email indicated below and within the established business hours.
- Telephone: (+34) 972 82 85 56
- Address: C/Tallers, 14. Sils 17410 (Girona, Spain).
- Hours of operation: Monday to Friday from 8:00 a.m to 9:00 p.m
- Email address: customer@kavehome.com
13. Warranty
All our products are guaranteed at national level against manufacturing defects for 2 years, except for those which indicate otherwise.
The warranty is expressly invalid in the following cases:
a) Transport, accidents, improper uses and other damages not due to the normal use of the product by the customer once the goods are delivered. This guarantee only covers transport damages caused before the material is received.
b) Shipping of the product without the original packaging.
c) Burns, cuts, scuffs, creases, marks, scratches or other damage caused by animals or by improper use of the product.
d) Use or contact with chemical products (acids, solvents, dyes, paint, ammonia, lacquers or other hairdressing products...), treatment with cleaning products not indicated for the specific upholstery of the guaranteed product.
e) Colour deterioration due to exposure of the product to solar rays or other sources of heat.
f) Indirect damage and loss of any kind.
g) Personal and/or material damage, caused as a result of non-compliance by the user of the rules and instructions given by Kave for the installation, use and maintenance of the product.
14. Force majeure
Kave will not be liable for the total or partial non-compliance with the obligations arising from this contract or for the delay in carrying them out if said breach is due to a circumstance of force majeure, including general, territorial or sectoral strikes, flood, fire, etc.
15. Personal data protection
In compliance with the provisions in the Spanish Organic Law 3/2018 of the 5th of December and the EU Regulation 2016/679 of the European Parliament and of the Council on April 27th, 2016 on the protection of natural persons with regard to the processing of personal data and the free circulation of this data, and current applicable regulations at all times, we inform you that your personal data collected through this document will be treated and incorporated into a file owned by Kave Home, S.L.U in order to comply with the existing commercial relationship between you and our company.
Personal data may be communicated to third parties without the consent of the owner thereof provided that this communication meets a need for the development, compliance and control of the commercial relationship, and/or is limited to the aforementioned purposes, in accordance with the current applicable regulations regarding this matter.
Accordingly, you expressly consent to your data being processed by Kave Home, S.L.U to fulfill the purposes previously indicated.
We inform you that you can exercise your access, rectification, cancellation, opposition, deletion, limitation of treatment and portability rights at any time at the registered office of the merchant indicated above or by sending an email to the following address customer@kavehome.com .
You will find more detailed information on the processing of personal data by accessing the Privacy Policy page on the Kave Home website: https://kavehome.com/en/en/kr/en/privacy-policy/
16. Intelectual property
Kave will retain all intellectual and industrial property rights, including rights to business secrets, relating to all blueprints, rules, paintings, diagrams, graphic material, photographs, design samples and other documents, either in electronic media, printed form, as pre-printing material or brochures that will be delivered to the user in the context of the manufacture, test, demonstration and commercialization of his products.
17. Nullity or annullability and applicable law and jurisdiction
If any of the clauses of this contract is null, voidable, illegal or unlawful, and in the broadest interpretative sense allowed by law:
a) Such statement will not invalidate the rest of the contract, which will maintain its validity and effectiveness. b) The null or voidable clause or clauses must be replaced or preferably adjusted to be annulled.
These General Sale Conditions shall be governed or construed in accordance with Spanish law. Kave and the user agree to expressly waive any other jurisdiction that could be applicable may and submit any dispute that may arise from the provision of the products or services subject to these General Sale Conditions, to the Courts and Tribunals of the location where the claimant resides. Furthermore, the consumer may choose the jurisdiction of the courts of the city of Girona (Spain).
In compliance with the provisions of the EU Regulation nº 524/2013 of the European Parliament and of the Council, 21st of May of 2013, and with the 7/2017 Spanish Law, from the 2nd of November, here you’ll find a link to access the EU’s Online Dispute Resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN