GSC – General Sales Conditions

The website Kavehome.com

The Kavehome company (ESB55159271) is the editor and operator company of the website www.kavehome.com.

Kave Home, S.L. with a share capital of 30.000€, the head offices of which are at 14th Taller Street, Sils, 17410 (Spain), is registered with the Register of Commerce and Companies (Registro Mercantil) of GERONA (Spain) with the following registration details: page GI-54360, volume 2910, sheet 85. Intra-Community VAT No.: ESB55159271.

 

Contact:

Address: 14th Taller Street, Sils, 17410 (Spain).

Email: customer@kavehome.com

 

PREAMBULE

The present General Sales Conditions (hereafter "GSC") regulate all contracts concluded from the Internet site www.kavehome.com. They are concluded between:

The company Kave Home, S.L. with a share capital of 30.000€, the head offices of which are at 14th Taller Street, Sils, 17410 (Spain), hereafter Kavehome, and the particular non-professional Customer. The Customer and Kavehome are hereafter collectively named the Parties.

All order placed on the website www.kavehome.com necessarily implicates the unconditional acceptance of the present GSC by the Customer.

In these conditions, the Parties have agreed on the following:

 

ARTICLE 1 - OFFER

The Kavehome product offer is valid within the limit of available stock in Austria, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, Greece, Hungary, Italy, Latvia, Luxembourg, Malta, The Netherlands, Poland, Portugal, Czech Republic, Romania and Sweden. Any order implies acceptance of prices and descriptions of products available for sale.

If, despite Kavehome's vigilance, some articles are unavailable, Kavehome will inform the Customer by email as soon as possible, and reserves the right to offer the Customer a replacement product of equivalent quality and price. In the event where Kavehome would not be able to provide the Customer with a replacement article or if the Customer does not want a replacement article, they may cancel their order.

Products are destined to be sold to private individuals under the standards for private use and not for professional use.

 

ARTICLE 2 - PRICES

Prices are indicated in euros, tax inclusive, excluding postage and packaging fees. The displayed prices take into account the applicable VAT on the day the contract is concluded. Any change in rates may influence product prices. Sales prices are guaranteed subject to typographic or printing errors. Product prices may vary at any time following Kavehome's pricing policy. Ordered products are charged at the current price when the order is placed. Prices are guaranteed within the limits of available stock.

 

ARTICLE 3 – ORDERS

3.1 – Conditions

To place an order, the Customer must be overage or an emancipated minor with legal capacity.

Kavehome will be able to unilaterally decide to cancel orders for objective reasons such as fraud, address and/or delivery errors, delivery address outside of the geographic area indicated in the present GSC, incidents relating to bank details and payment, products out of stock, products removed from sale for objective reasons, etc.

3.2 – Conclusion of the sales contract

In accordance with the provisions of the Civil Code on the conclusion of online contracts, the contract will be concluded when the Customer clicks on the button which enables them to confirm their order after seeing the order summary, in particular the total price, and after correcting any errors.

The available language for the conclusion of the contract is French.

3.3 – Procedure and time limits

The Customer may make an order:

  • online, on the website www.kavehome.com,
  • A Customer who wishes to order a product must necessarily respect the following steps:
  • My Basket: fill in the order form with the references of the chosen products,
  • My Account: fill in the personal identification form or provide login information
  • My Delivery: indicate delivery method and address,
  • My Payment: indicate the chosen payment method and make payment,
  • Confirmation of my order

Kavehome will send an automatic receipt confirmation email. The bill, if requeste, is sent by post or by email.

Kavehome reserves the property right of the product(s) until full payment of the order have been made, that is when the order price is collected by Kavehome.

Kavehome only bears the risk of the products until delivery of these at the address indicated by the Customer on the order form.

 

ARTICLE 4 – PAYMENT

Payment for an online order is made at the time of the order.

The Customer may make their payment exclusively by the following methods: bank card, PayPal, Amazon Payments, bank transfer, or financed in several instalments with Cofidis.

Payments made on the website are carried out via the secured SSL 3.0 system, so that the shared information is crypted by software and no third party may access it. This is an obligation of means to Kavehome, and the latter is not responsible for any third-party hacking of data shared by the Customer.

  • A Customer who makes their payment by bank card will be directed to the payment platform of the financial insitution, operating partner of payment services.
  • A Customer who makes their payment PayPal will by directed to the PayPal platform, where they can carry out their payment securely and quickly via their personal PayPal account, without sharing bank details with Kavehome.
  • A Customer who uses the Amazon Payments service will be directed to the Amazon platform, where they may carry out their payment securely, quickly and simply. The payment and shipping information will be stored securely on your Amazon Payments account, and you will be able to access it to pay your order on the Kavehome website.
  • A Customer who makes their payment by bank transfer must make their purchase by ticking this option. They must then make the transfer of the order total to the account number specified at the time of the purchase, an account number which is also sent by email upon order confirmation. If the transfer is not made within 5 days, the order will be cancelled, and we will also cancel the reservation of the ordered article(s).

 

ARTICLE 5 – DELIVERY

Orders are delivered to the address provided on the order form in Austria, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, Greece, Hungary, Italy, Latvia, Luxembourg, Malta, The Netherlands, Poland, Portugal, Czech Republic, Romania and Sweden. Additional charges may apply for delivery to islands without road connection to the continent. We also delivery to Italy at different prices than for the above countries, because of different agreements with our transporters.

The Customer must verify the conformity of the delivered merchandise upon delivery. Any anomaly relating to the product (damage, product missing from the order form, damaged, broken, defectuous package...) must imperatively be indicated as soon as it is delivered and notified within 3 days to our Customer Service (customer@kavehome.com or through our online chat). In this case, the return postage fees will be reimbursed to the Customer.

The delivery delay is indicated on the product page when the Customer adds the product to their basket and this delay begins once payment is validated. An email confirming shipping is sent to the Customer for each of their orders.

All orders are delivered at the building entrance or the house door of the customer.

No claim may be made to the logistic partner regarding parcels delivered more than 2 months earlier.

 

ARTICLE 6 – PRODUCT RETURNS

6.1 - Description of the right of withdrawal

In accordance with the provisions of the Consumer Code, the Customer benefits from a delay of 14 days to exercise their legal right of withdrawal.

In the case of a product order, the delay starts from the date the products are received. If the 14-day delay expires on a Saturday, a Sunday or a public holiday, it is extended to the next working day.

The Customer does not have to provide a reason to exercise their right of withdrawal. They will not be charged any fee. In case of an exchange, the Customer will not pay any extra administration charges. In the case of a refund of an article that was granted free of charge or discounted during a special offer, part of its commercial value will be refunded.

6.2 - Modalities of exercising right of withdrawal

In case of exercising the right of withdrawal, Kavehome takes charge of sending their delivery provider to pick up the purchased articles (upon appointment) at their own charge. The Customer will not pay any return fee.

If the Customer wishes to return the purchased article(s), they may send them at their charge to the following address: Pol. Ind.Pla de la Mata, sector S-3 - Ctra. Hostalric-Blanes C-35 km 72 - 08495 Fogars de la Selva - Barcelona (Spain).

Exercising the right of withdrawal results in the reimbursement of the amount paid upon ordering, as soon as possible and within 30 days from the date on which you exercised that right. The Customer's reimbursement may only take place as long as the returned article is restored as new and in its original packaging to Kavehome.

Reimbursement will be made by the same payment method chosen by the Customer when the order was placed (bank card, bank transfer or Paypal).

The exercise of the legal right of withdrawal is excluded for the following products or services:

  • Services which were executed with your authorisation;
  • The PRODUCTS or services the price of which depends on fluctuations of the financial market rates;
  • PRODUCTS made according to the consumer's specifications or clearly customised products;
  • PRODUCTS which cannot be resent or which are susceptible to deteriorate or expire quickly;
  • The "free return" offer is only applicable to returns from mainland France, peninsular Spain and Belgium.

For more information on your withdrawal right, we invite the Customer to contact our Customer Service (customer@kavehome.com or through our online chat).

 

ARTICLE 7 – GUARANTEE

Kavehome provides the Customer with a free national guarantee which takes effect on the product delivery date. This guarantee applies for two years. The guarantee covers products in their original purchasing configuration and if their series number is legible.

The free guarantee does not apply:

  • In case of accidental material damage. In particular it does not cover deterioration or breakage resulting from a bad installation, assembly or use of the product, from use for professional or commercial purposes, from normal wear or lack of maintenance…
  • In case of indirect damage. The guarantee only covers the right to repair or replace the guaranteed product. Indirect damage resulting from breakage or deterioration is therefore not covered.
  • The other exclusions by nature are damage and breakage included within the specific exclusions defined in the manufacturer's guarantee of the guaranteed product, cosmetic damage, damage and breakage related to accessories...

 

ARTICLE 8 – PROTECTION OF PERSONAL DATA

8.1 – Storage and transmission of Customer information

In accordance with law n°78-17 of January 6, 1978 relating to data processing and privacy, personal data provided by the Customer may be the object of automatic processing. The present website and the personal data processing which derives from it have been declared to the Commission Nationale Informatique et Libertés, registered under n°34873.

Kavehome commits to protecting its Customers' personal data. All personal data concerning the Customer and collected by Kavehome are processed with the strictest confidentiality, in accordance with the provisions of its personal data protection policy.

Kavehome will invite the Customer to accept to receive its commercial offers by email.

8.2 – Responsibility of processing

All processing of personal data provided to Kavehome is carried out under the responsibility of Kavehome, who is responsible for the processing.

8.3 – Object of data storage

The collection and storage of personal elements and data is necessary for the processing and delivery of orders and are also destined to provide to Customer with a higher efficiency to carry out new orders on the Kavehome website.

The recipients of your personal data are, where appropriate, our payment method or payment security providers, our delivery providers, our commercial partners. In the case where it is required by law, the Customer's consent is collected or a possibility of refusal is offered to them before any data transmission. The Customer has the possibility to withdraw their permission at all times, with immediate and non-retroactive effect.

8.4 – Cookies

Our website uses cookies. These are small text files saved to your hard drive. The cookies used on our website enable us to offer the following services: to notify of the Customer's presence on the website constituting their purchase basket, maintaining the Customer's session status (closed/open).

Most cookies are destined to enable or facilitate your browsing and are necessary for the proper functioning of our online shop.

The use of our own or third-party cookies which are not necessary to the functioning of the website require your express consent.

You may express your consent or object to the use of cookies by changing the corresponding settings of your browser. To do so, consult the user guide of your browser.

8.5 – Right of modification and cancellation

The Customer whose personal data is processed has the right to access, modify, object to and cancel their personal data processing. These rights may be exercised, in accordance to the law of January 6, 1978, on request, either by modifying their personal data themselves on the "My Account" space, or by addressing their request to Kavehome (indicating their email address, full name and postal address), by email to the address customer@kavehome.com, or by post to the following address: Kavehome, 14th Taller Street, Sils, 17410 (Spain).

8.6 – Subscription and unsubscription to the Newsletter

The right of modification and cancellation of the Customer's data also applies to the subscription to Kavehome's newsletter. They may exercise this right by email (customer@kavehome.com) by indicating their wish of "unsubscription" from the mailing list, or by clicking on the link "Unsubscribe" found on the Kave Home newsletters at the end of the email, which will enable them to unsubsribe from the mailing list.

 

ARTICLE 9 – INTELLECTUAL PROPERTY

All the elements of the website, whether visual or sound including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of Kavehome. A Customer who owns a personal website has the possiblity to place on their website a link directing to Kavehome's website homepage. However, any link directing to Kavehome using the technique of framing or in-line linking is strictly forbidden. In any case, any link, even tacitly authorised, must be removed on simple request by Kavehome.

 

ARTICLE 10 – RESPONSIBILITY

Kavehome is not responsible for any inconvenient or damge relating to the use of the internet network such as, in particular, service interruption, the presence of IT viruses or external intrusions, and generally any events deemed force majeure by the law.

In the event of non substantial differences between the description photos of the articles on its website and the ordered articles, Kavehome may not be held responsible, as the photographs are not contractually binding.

Kavehome is only responsible for direct and forseeable damage at the time of use of the website or of the conclusion of the sales contract with the Customer.

 

ARTICLE 11 – PROOF AND FILING

The computerised files, stored on a reliable, durable medium, constituting an accurate copy in accordance with the provisions of the Civil Code by Kavehome and its partners are to be considered as proof of communication of orders and payment which intervene between the Parties.

The contracts concluded on our website (data relating to the Customer's order and the current GSC on the day of the order) are stored for a period of 10 years. The Customer may access the stored contracts by requesting so by email to the address customer@kavehome.com or by post to Kave Home S.L. - 14th Taller Street, Sils, 17410 (Spain).

 

ARTICLE 12 – APPLICABLE LAW

The present conditions are subject to the French and Spanish law.

Kavehome commits to respecting the rules of the Professional Code of the Federation of Distance Sales Enterprises.

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