Bedingungen der Dienstleistung

1. Introduction

This document (together with the documents mentioned therein) lays out the conditions governing the use of this website and the purchase of products in the same (hereinafter the "Conditions").

Please read the Conditions carefully before using this website www.koikebarcelona.com. By using this site or placing an order through this site, you agree to be bound by these Conditions; therefore, if you do not agree with all the Conditions, you should cease the use of this site. These Conditions may be amended. It is your responsibility to read them regularly, because the conditions in force at the time of usage of the site or execution of the Agreement (as defined below) will be the conditions applicable to you.

2. General information

KOIKE 97 S.L., is a Spanish company, registered with the Barcelona Mercantile Register (Volume 45930, Page:58 Sheet:503303 Inscription:1) with NIF No. B-61349049 and tax domicile in calle Anselm Clavé 51, El Papiol (Barcelona) SPAIN.

3. Use of our website

By making use of this website and placing orders through it, you accept that:

1. You may only use this website to make queries or legally valid orders.
2. You may not place any speculative, false or fraudulent order. Should we have reasonable grounds to believe that an order of this nature has been placed we are entitled to cancel it and inform the relevant authorities.
3. You also agree to provide us a truthful and correct email address, postal address and/or other contact details and consent to our use of this information to contact you if necessary.
4. Should you not provide all the information we require, we will not be able to process your order.

By placing an order through this website you assure us that you are over 18 and legally capable of entering binding contracts.

4. Availability of the service

The items offered through this website will only be available in the destinations listed in the section Shipments and Returns.

5. How to formalize the contract

This information and the details contained in this website do not constitute a binding offer to sell the products, but an invitation to do business. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. Should your offer not be accepted and a charge has already been made to your account, this amount will be refunded in full.

To place an order, you must follow the shop online procedure and clic on "Authorize payment". After that you will receive an email acknowledging receipt of your order ("Order Confirmation"). Please note that this does not mean that your order has been accepted, as the order itself involves and offer you make us to purchase one or more products. All orders are subject to our acceptance and we will confirm such acceptance by sending an email confirming that the product is being shipped (the “Shipment Confirmation”). The contract for the purchase of a product between us (Contract) will be formalized and accepted only when we send you the Shipment Confirmation.

Only those products listed in the Shipment Confirmation will be subject of the Contract. We will not be obliged to supply you with any other product that might have been ordered until we confirm the shipment in an independent Shipment Confirmation.

6. Availability of the products

All the orders of products are subject to availability, and in this respect, if difficulties arise regarding its supply, or if there are no articles in stock, we reserve the right to provide you information on replacement products of the same or higher quality and value that you may order. If you do not wish to place an order for those replacement products, we will refund any amount that you might have disbursed.

7. Refusal to process an order

We reserve the right to withdraw any product from this website at any time and/or remove or modify any material or content thereof. Although we will always do our best to process all orders, there might be exceptional circumstances that force us to refuse the processing of an order after having sent the Order Confirmation, and we reserve the right to do it at any time, at our sole discretion.

We will not be liable before you or any other third party, for removing any product from this website, regardless of whether that product has been sold or not, removing or modifying any material or content from the website, or for refusing to process an order once we have sent you the Order Confirmation.

8. Right to withdraw from the purchase

If you are entering the contract as a consumer, you may withdraw from the Contract at any time within 14 calendar days since the reception of the item. In this case, the money for such products will be refunded in compliance with our Shipping & Returns Policy. Please be aware that the expenses incurred by the return of the product derived from the withdrawal, will not be borne by us, but will be borne solely by the consumer.

Your right to withdraw from the Contract will apply exclusively to those products returned in the same conditions you received them. You must also include all the instructions, documents, and packaging of the products. No refund will be made if the product has been used or if it has suffered any damage. Thus, you must be careful with the product(s) while in your possession.

Please treat the product with reasonable care while in your possession and keep the original packages and boxes in case of return. No refund will be made if the product is not returned in the original box with the same content as it was sent.

This provision does not affect the rights granted to the consumer by the regulation in force.

9. Delivery

Unless extraordinary circumstances concur, we will try to send your order of the product(s) listed in the Shipment Confirmation before the delivery date shown in the Shipping & Returns Policy or, if no delivery date is specified, within 5-7 working days to be counted from the date of the Shipment Confirmation.

The delay may be due to the following reasons:

1. Unforeseen circumstances
2. Delivery area

Should we not be able to comply with the delivery date for any reason, we will inform you of this circumstance and we will give you the option to go ahead with the purchase setting a new delivery date or cancel the order with the full refund of the amount paid. In any case, please note that we do not deliver on Saturdays or Sundays.

For the purposes of these Conditions, we will consider the “delivery” has taken place or the product(s) have been “delivered” at the time of signing their receipt at the agreed delivery address.

10. Delivery Failure

If we cannot deliver the order after two attempts, we will leave a note explaining where your package is and how to collect it from the corresponding Courier Company. If you cannot be at the delivery address at the agreed time, please contact us in order to arrange delivery for another day.

11. Risk and property transfer

The risks of the products will become your liability at the moment they are delivered.

You will obtain the ownership of the products when we receive the full payment for all the related outstanding amounts, including shipping costs, or at the time of delivery (as defined in clause 8), should this take place afterwards.

12. Price and payment

The Price of the products will be that stipulated at each time in our website, except in those cases of manifest error. Although we endeavour to ensure that the prices listed in our website are correct, errors may occur. Should we discover an error in the price of the products you have ordered, we will inform you as soon as possible and we will give you the option to reconfirm your order at the correct price or cancel it. If we cannot manage to contact you, the order will be considered cancelled and the full amounts disbursed will be refunded.

We will not be obliged to provide the product(s) at the wrong price (even if the Shipment Confirmation has been sent) if the error in the price is obvious and unequivocal and might reasonably have been acknowledged by you as an incorrect price.

Prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as stated on our Shipping & Returns Policy.

Prices may vary at any time, but (except as stated above) the possible changes will not affect the orders for which we have already sent a Shipping Confirmation.

Once you have chosen your purchases, all the items you want to purchase will have been added to your shopping basket and the next step will be to process the order and make the payment. To do this:

1. Clic on the "Shopping Cart" icon in the top corner.
2. Clic the “Checkout” button.
3. Fill in or check the contact information, the details of your order, the address you wish to have your order sent to, and the address our invoice should be sent to.
4. Clic the "Checkout"button.
5. Enter your credit card or your Paypal account details.
6. Clic on "Authorize Payment".

You may pay with Visa, Mastercard and American Express. Also, you can also make the payment through your PayPal account or by Bank transfer.

To minimize the risk of unauthorized access, your credit card details will be encripted.

If your payment method is Paypal, the charge in your account will be made at the moment we confirm your order.

By clicking "Authorize Payment" you are confirming that the credit card is yours.

Credit cards will be subject to checks and authorizations by the credit card company, but should that company not authorize the payment, we will not accept responsibility for any delay or failure to deliver and we will not be able to formalize any Contract with you.

13. Liability and disclaimer

Our liability in relation to any product purchased in our website will be strictly limited to the purchase price of that product. Nothing in these Purchase Conditions excludes nor limits our responsibility in the following cases:

• In case of death or personal injuries caused by our negligence;

• In case of fraud or falsification; or

• In any occasion where it would illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.

Notwithstanding the provisions of the preceding paragraph and to the extent permitted by law, and unless otherwise provided in these Conditions, we will not accept any liability for indirect damages that occur as a side effect of losses (including negligence), breach of contract or others, even if they could have been foreseen, including but not limited to the following:

• loss of income or sales;

• loss of business;

• loss of profits or loss of contracts

• loss of anticipated savings;

• loss of data; and

• loss of management time or office hours.

All the product descriptions, information and materials featured on this website are provided “in the state in which they are found” and without express, implied or otherwise warranted guarantees.

To the extent possible, as permitted by law, we exclude all guarantees, except for those guarantees that cannot be legitimately denied to consumers. The provisions of this clause shall not affect your rights acknowledged by law as a consumer, or your right to withdraw from the Contract.

14. Intellectual Property

You acknowledge and agree that all copyright, trademark and other intellectual property rights over the materials or contents contributed as part of the website correspond at all times to us or to those who granted us license to use. You may use such material only in the manner expressly authorized by us or licensed to us. This will not prevent you from using this website to the extent necessary to copy the information about your order or contact information.

15. Written Communications

The applicable regulations require that part of the information or communications that we send you are in writing. By using this website, you agree that most of the communications with us are electronic. We will contact you by email or we will provide you information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that any contract, notification, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights acknowledged by law.

16. Notifications

We may send you communications either by email or to the postal address provided at the time of placing an order.

Notices will be considered received and correctly made 24 hours after an email has been sent or three days after the posting date of any letter. In order to prove that the notification has been made, it will suffice to prove, in the case of a letter, that it had the correct address, was properly stamped and that it was properly delivered by mail or in a mailbox and, in the case of an email, that it was sent to the email address provided by the recipient.

17. Assignment of rights and obligations

The Agreement between you and us is binding for both you and us, as well as for our respective successors and assignees.

You may not transfer, assign, encumber or otherwise transfer a Contract or any rights or obligations arising therefrom in your favor or for you, without obtaining our prior written consent.

We may transfer, assign, encumber, subcontract or otherwise transfer a Contract or any rights or obligations arising therefrom in our favour or for us, at any time during the term of the Agreement. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect your rights as consumers recognized by law or will cancel, reduce or otherwise limit the express or implied warranties we may have granted.

18. Events out of our control

We will not be liable for any breach or delay in the performance of any of the obligations we assume under a Contract, the cause of which is due to events beyond our reasonable control ("Force Majeure").

The Causes of Force Majeure shall include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and shall include the following (without limitation):

1. Strikes, lockouts or other measures of protest.
2. Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or war preparations.
3. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
4. Impossibility to use trains, ships, airplanes, motor transports or other means of transport, public or private.
5. Impossibility to use public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of other governments.
7. Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport.

Our obligation to comply under any Contract will be understood to be suspended during the period in which the Force Majeure continues, and we will have an extension in the term to fulfil our obligation during that period. We will use all reasonable means to terminate the Cause of Force Majeure or to find a solution by which we may perform our obligations under the Contract in spite of the Cause of Force Majeure.

19. Resignation

If, during the term of a Contract, we fail to insist on strict compliance with any of the obligations assumed under it or any of the present Conditions, or if we fail to exercise any of the rights or resources we are entitled to exercise or to intervene pursuant to such Contract or these Conditions, such fact shall not constitute a waiver of such rights or resources nor shall it relieve you from complying with such obligations.

The waivers we make to enforce compliance shall not constitute a waiver on our part to require further compliance.

No waiver by us of any of the present Conditions will take effect, unless expressly stipulated that it is a waiver and is communicated to you in writing in accordance with the provisions in the section of Notifications above.

20. Divisibility

If any of these Conditions or any provision of a Contract are considered to be invalid, illegal or unenforceable to any extent by the competent authority, they will be separated from the remaining conditions and provisions that will continue to be valid to the extent permitted by law.

21. Contract integrity

These Terms and any document expressly referred to herein constitute the entire agreement between you and us in relation to the subject matter of the Contract and supersede any other pact, agreement or prior promise entered into between you and us verbally or in writing.

You and us both acknowledge to have agreed to enter into this Agreement without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by both of us prior to such Contract, except for that expressly mentioned in these Conditions

Neither of us shall have resources against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such uncertain statement has been made fraudulently) and the sole resource available for the other party will be for breach of contract in accordance with the provisions of these Conditions.

22. Our right to amend these conditions

We have the right to review and modify these Conditions at any time.

You will be subject to the policies and Conditions in force at the moment you make each order, except if by law or decision of governmental agencies we must make changes in such policies, Conditions or Privacy Statement, in which case, the possible changes will also affect the orders that you had previously made.

23. Applicable legislation and jurisdiction

Contracts for the purchase of products through our site will be governed by Spanish law.

Any controversy that arises or relates to such contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts.

If you are contracting as a consumer, nothing in this clause will affect the rights that as such the current legislation acknowledges you.