Terms of Service

GENERAL CONDITIONS

The company KBAYBO, in the person of its legal representative pro tempore, through the website https://kbaybo.es, calls the attention of the clients on products selected for the acquisition after careful investigation.

The User can purchase the available products specified in the electronic catalog present on the kbaybo.es site through the "point and click" mode.

Before proceeding to purchase the product, the Client has the obligation to read carefully and accept these General Sales Conditions, written in English and Spanish, which are made available on the site to allow reading, reproduction, storage and conservation, as well as giving consent for the processing of personal data referred to in point 16).

ART. 1
Kbaybo.es is the website through which the KBAYBO company, in the person of its legal representative pro tempore, exercises its business activity.

The site is reachable through the URL https: // kbaybo.es.

The contact details of kbaybo.es, in order to exercise the rights guaranteed to the Client by this contract, are the following: e-mail: info@kbaybo.es

Customer means the natural person who is of legal age who enters into the contract for the purchase of one or more products among those mentioned in the electronic catalog present on the kbaybo.es portal.

ART. 2
Contracting parties to this contract are KBAYBO, in the person of its legal representative pro tempore, and the User who purchases the product through the kbaybo.es site. KBAYBO data is set in art. 1) of this contract, the Buyer's data must be indicated by the same during the acquisition procedure. The User is responsible for the veracity of the data provided.

KBAYBO will use the Client's data for the sole purpose of executing this contract and will not be disclosed to third parties, with the exception of producers / suppliers or messengers, or used for purposes other than those referred to in point 16) of this contract.

The Client has the power to create a personal account to access the secure area of ​​the website, where he can, by way of example and not exhaustively, modify the indicated contact information and / or access credentials, which will be communicated by kbaybo. It is by email at the time of registration.

ART. 3
The General Conditions regulate the acquisition made by the Client of a product among those included in the electronic catalog present on the kbaybo.es site.

Some rights provided in these General Conditions, for example the right of withdrawal, apply to the consumer client and not to the professional client acquired in the exercise of business activities.

ART. 4
The Client can select one or more products among those mentioned as available in the electronic catalog of the kbaybo.es site, using the “point and click” mode, and proceed with their acquisition after acceptance of these General Conditions and the Privacy Policy .

The electronic catalog is continuously updated and the availability of each product may vary without notice.

The catalog contains, for each product, the informative images, when available, the sheet with the technical characteristics, the sale price and the indicative delivery times.

The User can choose one or more products available in the electronic catalog and enter them in the “cart”.

To complete the acquisition procedure, the Client must have knowledge and accept these General Conditions, as well as read and accept the information on the processing of personal data, by choosing the “I acknowledge and submit” button.

After accepting the General Conditions and the Privacy Policy, it is requested that the Client enter his personal data, including the address where the purchased product should be delivered.

Before proceeding to the payment, the Customer is shown a page in which the selected product or products are summarized, the price, including taxes, shipping costs and possible additional costs, and confirmation is required by choosing the button "Buy."

Once the acquisition is confirmed, kbaybo.es will send the purchase order to the producers / suppliers of the product, who will take care of the shipment.

When the producers / suppliers will take charge of the purchase order, kbaybo.es will send a confirmation email to the User at the address communicated by it, containing the summary of the purchase order, the order code and the modes for Check the shipping / delivery status of the product.

ART. 5
The products that the Client can acquire are only those that are mentioned as available in the electronic catalog present on the kbaybo.es site.

The images and product information sheets with the technical characteristics are provided directly by the producer / supplier. Kbaybo.es is not responsible in case of discrepancy between the image present in the electronic catalog and the product, that is to say in case of non-veracity of the technical characteristics mentioned by the producers / suppliers in the product information sheet.

In the case of a difference between the image and the product sheet, the description of the product sheet is always attest.

ART. 6
In the electronic catalog, for each product, in addition to the images and the information sheets, the acquisition prices are indicated, if they are understood as comprehensive only of VAT. Possible discounts and promotions are indicated in the electronic catalog along with the original price of the product. The percentage of discount applied and the period of validity of the discount or promotion are also indicated.

Shipping costs are indicated on the summary page of the purchase order, along with any additional taxes or costs.

If it is not possible to assess these expenses beforehand, however, information is provided that they may be charged to the consumer.

ART. 7
Payment of the price of the product or products purchased is made through PayPal, following the procedure on the kbaybo.es site.

The information related to the User's PayPal account is managed directly by PayPal through a secure connection. No data is known or registered by kbaybo.es, which only checks the result of the transaction.

The possible refund or refund of the price to the Client, also partial, will occur following the same modalities and through the same payment channels.

ART. 8 
Kbaybo.es makes sure to send the purchase order to the producer / supplier as quickly as possible, in any case within 48 hours after receiving it.

During the weekends and during the main holiday periods (Christmas, New Year, etc ...), the indicated periods may vary.

The producer / supplier, after receiving the purchase order, sends the product to the Customer, at the communicated address, within the indicated delivery times and in any case within a maximum period of 30 days after the conclusion of the contract.

The Client can check the shipping / delivery status of the product with the modalities indicated on the kbaybo.es site, by means of the code that has been communicated to him by email.

In case of delay in the shipment / delivery of the product, kbaybo.es will inform the customer by email.

The days and times of delivery will be communicated to the Client directly by the producer / supplier that is to say by the responsible courier service.

In case of non-execution of the delivery of the product within 30 days, the Client has the right to indicate a reasonable new term to obtain the delivery of the product.

In case of non-execution of the delivery of the product in the new terms, the Client may terminate the contract, with refund without delay of the amounts paid under the contract.

The contract termination and price reimbursement procedure will be managed by kbaybo.es before the producer / supplier on behalf of the Client.

The price paid by the Customer for the purchase of the product will be returned without delay and in any case within 14 days, through the same payment channels.

In any case, since the product is sent by the producer / supplier, kbaybo.es is not responsible for delays in delivery with respect to the indicated deadlines.

ART. 9
The availability of the product in the electronic catalog may vary without prior notice, in case of simultaneous acquisition by more Users or in case of exhaustion of the product before the producer / supplier before sending the purchase order.

In the event that a purchased product is no longer available to the producer / supplier, the Customer will be entitled to a full refund of the price paid.

In this case, kbaybo.es will return the price paid without delay and in any case within 14 days after the request, through the same payment channels.

ART.10
The customer is obliged to check the integrity of the product and the correspondence between what has been acquired and what has been received directly at the time of delivery.

If the good or the cover is damaged, the Client must refuse the delivery of the product, indicating the reasons in writing in the transport document, that is to say in writing in the transport document that accepts the good with reservation.

In case of damage to the property not evident, the Client must challenge in writing to kbaybo.es, the contact details indicated in point 1), the presence of defects caused by the transport, attaching photographic evidence.

If the Client accepts delivery without reservation, in case of obvious damages, that is, he does not challenge the damages in writing within 8 days after delivery, in case of acceptance with reservation that is to say of non-evident damages, the right will be lost to request repair / replacement of the product, reduction or refund of the price paid.

In case the delivery of the product is not possible for acts not attributable to kbaybo.es, the latter reserves the right to cancel the purchase order. In this case, the price paid by the User will be returned in full without delay and in any case within 14 days after cancellation through the same payment channels.

ART. 11
The good delivered to the Customer must conform to the description of the product, must be suitable for its intended purpose, must have the qualities and benefits described by the producer / supplier in the public statements and, in any case, must have the qualities and the usual benefits of a good of the same type.

There is no lack of conformity if, at the time of conclusion of the contract, the Consumer was aware of the defect and could not reasonably ignore it, or if the defect of conformity originates from the materials provided by the Client.

Kbaybo.es does not respond to public statements from the producer / supplier when: - it shows that you did not know them and could not reasonably know them;

  • shows that the statement was correct within the time of the conclusion of the contract;
  • demonstrates that the decision to acquire the good was not affected by the public declaration; In case of non-conformity of the good, the Client has the right to request the repair of the product or the replacement in a reasonable time, without additional costs, that is to say the price reduction or the termination of the contract.

A defect of conformity of mild intensity does not entitle the termination of the contract. Kbaybo.es will manage the procedure before the producer / supplier on behalf of the Client.

If the repair or replacement is not possible, that is to say too expensive, the Client may request the reduction of the price or the termination of the contract, with a refund of the price paid.

The Client must indicate to kbaybo.es the defects of conformity of the good and activate the aforementioned remedies within a period of 2 months after the discovery of the vice and in any case within a maximum period of 2 years from the delivery of the product, saves application of the most favorable provisions provided by the national regulations of the country of residence of the consumer (Spanish national law provides that the seller is responsible for the defects of conformity that are manifested within 2 years after the delivery of the good. The seller must inform within 2 months after the discovery of the vice The actions described above for consumer protection are prescribed within a maximum period of 3 years after the delivery of the good).

Once these deadlines have elapsed, the Client is not entitled to any guarantee for compliance defects.

Kbaybo.es, in case of request for price reduction or termination of the contract, may propose to the Client to accept one or more free coupons to purchase other products on the kbaybo.es site. The Client is free to accept such a solution instead of the money back. In case of acceptance, the User has no right to additional compensation or returns.

Kbaybo.es, being not a producer / supplier, is not responsible for the defect of conformity of the good acquired except for intent or gross fault.

In case of request for price reduction, the Client must send to kbaybo.es to the e-mail address: info@kbaybo.es a description of the vices of the product and photographic proof.

The refund of the price will occur without delay and in any case within a period of 14 days, through the same payment channels, upon receipt of the good.

Kbaybo.es reserves the right to analyze the good return before returning the money to the Client. If the vices of the product are caused by an incorrect use of the good by the Client, or by breach of the rules of use and conservation of the good that appear in the information sheet or in any case disclosed to the Client, that is to say of the common knowledge , kbaybo.es reserves the right to deny the Customer the guarantees established above.

ART. 12
Kbaybo.es is not a producer, supplier or importer of the product purchased, nor an intermediary thereof.

Kbaybo.es has not manufactured the product or participates in any way to the realization of the product and does not know its technical characteristics or qualities.

The technical data sheets are provided by the producer / supplier.

For this reason, in case of damage caused by the use of the purchased product, the producer / supplier of the property is solely responsible for the purposes of compensation for the damage.

Kbaybo.es, at the request of the Client, undertakes to communicate the data of the producer / supplier without delay and in any case within a maximum period of 3 months from the receipt of the request.

The responsibility of the producer / supplier can be reduced or excluded if the damage has been caused by the fault of the injured party.

The Client must request compensation in case of damage by the product within three years from the knowledge of the damage or the defect, that is, the identity of the person responsible for the damage.

Liability in case of damage to the product will be lost after the ten year period of delivery of the product.

For the same reasons, kbaybo.es is not responsible in case of non-conformity of the product to the current safety regulations.

It is the Customer's responsibility to check the product data sheet if they comply with the EC regulations or national legislation.

In case of non-conformity of the legislation on product safety, kbaybo.es, at the request of the Client, undertakes to communicate the data of the producer / supplier without delay and in any case within a maximum period of 3 months from the Receipt of the request.

ART. 13
The Client has the power to submit possible claims or reports, that is, to request assistance for the purchases made, to the e-mail address: info@kbaybo.es, that is, using the procedures made available by PayPal. Claims and reports will be prepared by kbaybo.es as quickly as possible.

ART. 14
Under EU Regulation No 524/2013, the Parties to this contract may extrajudicially resolve disputes related to the obligations arising from this contract through the use of an ADR organization included in the list in accordance with Article 20, paragraph 2, of directive 2013/11 / EU and that implies the use of the ODR platform.

In the case of disputes with the Consumer Client regarding the validity, effectiveness, application, interpretation and execution of this contract, in case the Client is a plaintiff and kbaybo.es defendant, the Parties agree that the Padua Forum is competent to decide.

For disputes with a professional Client regarding validity, effectiveness, application, interpretation and execution of this contract, the Parties agree that the Padua Forum is competent to decide.