These General Conditions of use and contracting (hereinafter, Conditions) regulate the use and access to the Kamaboo.com website (hereinafter, the Website), owned by FÁBRICA DE COLCHONES O SANGAL, SLU (hereinafter, KAMABOO) for the users of the Website (hereinafter, User or Users) as well as the contractual relationship of purchase and sale between KAMABOO and the User during the contracting process of the products offered by KAMABOO through the Website.
Access to the Website implies knowledge and acceptance of these Conditions, as well as being of legal age and in full mental capacity for the possibility of acquiring any of the products available on the Website.
Access and Registration
The User guarantees that all the data about his identity that he voluntarily provides when accessing KAMABOO in its forms is true, exact and complete. In the event that the User provides any false, inaccurate or incomplete data or if KAMABOO considers that there are well-founded reasons to doubt the veracity, accuracy and integrity of the same, KAMABOO may deny access and use present or future of the Website or any of its contents and/or services.
Obligations of the User
The User is responsible for having the necessary services and equipment for Internet browsing and to access the Website. In the event of any incident or difficulty accessing the Website, the User can inform KAMABOO, which will proceed to analyze the incident and give instructions to the User on how to resolve it as soon as possible.
The User is fully responsible for the access and correct use of the Website and its contents and services subject to current legislation, whether national or international, as well as the principles of good faith, to morality, good customs and public order. And specifically, it acquires the commitment to diligently observe these Conditions.
The Users shall refrain from using the Website for illicit purposes or effects and that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate the Website, its contents and its services. Likewise, it is prohibited to prevent the normal use or enjoyment of the Website by other Users.
KAMABOO cannot be considered editorial responsible, and expressly declares that it does not identify with any of the opinions that may be issued by the Users of the Website, for whose consequences the issuer of the opinions is entirely responsible. same.
Those who fail to comply with such obligations will be liable for any loss or damage they cause. KAMABOO will not be liable for any consequence, damage or harm that may arise from said access or illicit use by third parties.
In general, the User undertakes, by way of example and not limitation, to:
- Not to use the Website for illegal or unauthorized purposes;
- Do not host, store, disclose, publish, distribute or share any content that may involve an illegitimate interference or violation in any way of the fundamental rights to honor, image and personal and family privacy of third parties and, especially, of the minors;
- Do not publish in any section of the Website or in your profile or that of another User any comment or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order;
- Do not alter or modify, totally or partially, the Website, avoiding, deactivating or manipulating its functions or services in any other way;
- Do not infringe industrial and intellectual property rights or the regulations governing the protection of personal data;
- Do not use the Website to insult, defame, intimidate, violate one's own image or harass other Users;
- Do not access the email accounts of other Users;
- Do not introduce computer viruses, defective files, or any other computer program that may cause damage or alterations to the contents or systems of KAMABOO or third parties;
- Do not send mass and/or repetitive emails to a plurality of people, nor send email addresses of third parties without their consent;
- Do not carry out advertising actions for goods or services without the prior consent of KAMABOO.
Any User may report another User when you consider that you are not complying with these Conditions, likewise all Users can inform KAMABOO of any abuse or violation of these conditions, through the email info@kamaboo. it is. KAMABOO will verify this report, as soon as possible, and will adopt the measures it deems appropriate, reserving the right to withdraw and/or suspend any User of the Website for breach of these Conditions. Likewise, KAMABOO reserves the right to withdraw and/or suspend any message with illegal or offensive content, without the need for prior notice or subsequent notification.
KAMABOO Responsibility
KAMABOO does not control and will not be responsible for the content posted by the Users through the Website, and they are solely responsible for the legal adequacy of said content.
KAMABOO has no obligation to control and does not control the use that Users make of the Website and, therefore, does not guarantee that Users use the Website of in accordance with the provisions of these Conditions, nor that they make diligent and/or prudent use of it. KAMABOO has no obligation to verify and does not verify the identity of the Users, nor the veracity, validity, completeness and/or authenticity of the data they provide.
KAMABOO excludes any liability for damages of any nature that may be due to the illegal use of the Website by the Users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that the Users provide to other Users about themselves and, in particular, although not exclusively, for the damages of any nature that may be due to the impersonation of the personality of a third party carried out by a User in any kind of communication made through the Website.
Notwithstanding the foregoing, KAMABOO reserves the right to limit, totally or partially, access to the Website to certain Users, as well as to cancel, suspend, block or eliminate certain types of of content, through the use of technological instruments suitable for this purpose, if you have actual knowledge that the activity or information stored is illegal or that it damages property or rights of a third party. In this sense, KAMABOO may establish the necessary filters in order to prevent illegal or harmful content from being poured into the network through the service.
KAMABOO will not respond in case of service interruptions, connection errors, unavailability or deficiencies in the Internet access service, nor for interruptions of the Internet network or for any other reason beyond its control.
KAMABOO is not responsible for any security errors that may occur or for any damage that may be caused to the User computer system (hardware and software), to the files or documents stored in the same, as a consequence of:
- The presence of a virus in the computer system or mobile terminal of the User that is used to connect to the services and contents of the Website;
- A browser malfunction; as well as the use of non-updated versions of it.
Purchase Process
The User may access the acquisition of the products offered by KAMABOO through the Website by entering the data requested in the corresponding form of the purchase gateway of the Website. Subsequently, the User must follow all the steps of the purchase procedure indicated by the Website.
Likewise, the purchase gateway of the Website will inform the User, once the purchase procedure has been completed, via email, of all the relevant characteristics of the purchased product. If the User does not receive the confirmation email within twenty-four hours after the completion of the purchase, it will be the responsibility of the User to confirm the approval of the transaction with KAMABOO.< /p>
The prices of the products offered on the Website include Value Added Tax (VAT) or other taxes that may be applicable and in any case will be expressed in the Euro currency (€).
Orders placed on the KAMABOO Website will be governed by the prices offered for each product at the time the order is placed. The applicable prices will be those published automatically during the purchase process in the last phase of it. The UserThe final price of the purchase of a product will always be communicated prior to the completion of the purchase gateway.
Payment methods
The User may make the payment by selecting one of the payment methods available on the Website (card payment, payment in installments, payment by bank transfer or payment with PayPal). Some payment methods may entail a surcharge on the final price, so the User will be informed each time in advance.
Specifically, the User must take into account the following:
- Payment by card: the User may pay for their order by debit or credit card. The Website uses the payment gateway of an external provider (Banco Popular-Pastor/Grupo Santander) although it is integrated into the KAMABOO Website.
- Payment by transfer: the User must make the transfer to a Banco Popular-Pastor/Santander Group bank account that will be indicated at the end of the purchase process. At the time the transfer is made, the User must indicate the order number that KAMABOO will provide at the end of the purchase process in the transfer concept. The User is aware and accepts that the transfer payment method may involve a delay in the delivery of the order since KAMABOO will not start preparing the shipment until it has verified that the amount transferred matches the exact amount Of the order. KAMABOO will not assume any type of cost for possible bank commissions that may be applicable, so the User must assume such commissions.
- Payment in installments (1): the User has the possibility of paying in installments the amount of a product purchased on the Website through the service offered by the Aplázame platform (https:// aplazame.com/). This is a service unrelated to KAMABOO and KAMABOO only facilitates its contracting through the Website. Therefore, the User is subject at all times to compliance with the particular conditions of this service without KAMABOO intervening in the contracting or maintaining any responsibility derived from the contracting of the same by the User. *
- Payment through PayPal: the User can use the PayPal platform as a payment gateway for the amount of the product purchased on the Website. KAMABOO will not charge any extra fees for using this payment method.
- Cash on delivery payment: the User can make the payment by paying the amount at the time the product is delivered to the User's address. This payment method entails an extra surcharge of FOUR percent (4%) on the price of the total amount of the order placed on the Website.
All payments made to KAMABOO will entail the issuance of an invoice in the name of the User according to the data provided during the contracting gateway, which will be sent by email to the address provided by the User.
(*) You can finance your purchases and pay them in installments with Aplázame.
The necessary documents are:
1) DNI on both sides or residence card (for resident foreigners)
2) Proof of income (wage earners: last payroll / self-employed: last income statement / pensioners: pension revaluation letter).
3) First page of the Bank Book or a direct debit where the IBAN code appears. The holder of the contract must be the holder of the bank account.
Transportation and shipment of products
The transport of the products purchased through the Website is included in the price unless expressly indicated otherwise prior to the completion of the purchase process. The transport service offered by KAMABOO does not include any assembly service for the products purchased through the Website.
Products purchased before 3:00 p.m. will be delivered through the "Free delivery in 48/72 hours" service consisting of delivery to the User's home, not counting weekends and holidays. Valid for the peninsula and the Balearic Islands. In the case of shipments to the Canary Islands, consult. However, the User must bear in mind that, although KAMABOO makes every effort to ensure that the "Free Delivery" service works correctly at all times, sometimes and for reasons beyond KAMABOO's control, the order may be slightly delayed, in any case not exceeding a period of more than five business days.
In any case, in the event that KAMABOO fails to meet the specified delivery date by more than 5 business days, the User may choose to cancel the order and KAMABOO proceedá to the refund of the purchase amount in the same means used during the purchase, in the shortest possible time. In no case will it be considered a breach of this clause by KAMABOO when the order has been delayed by the will of the User or the User could not be located at the specified address for the delivery of the product or through the means of contact provided by the User.
The User is responsible for ensuring that the items purchased on the Website do not imply accessibility problems in the place specified for delivery, especially in corridors, doors, stairs, landings, etc. The transport service is not authorized to use any means of ascent involving pulleys and/or ropes outside the delivery location. In the event that the purchased items do not fit through regular access, all extraordinary expenses derived from cranes or platforms must be borne solely and exclusively by the User.
Guarantee
KAMABOO additionally offers, in addition to the legal guarantee as a manufacturer, an extended commercial guarantee of 10 years for mattresses, in accordance with the provisions of article 125 of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. In accordance with the provisions of article 125.3 of the aforementioned General Law for the Defense of Consumers and Users, it is expressly indicated that the Commercial Guarantee does not affect the legal rights of the consumer and user due to the lack of conformity of the products with the contract.
KAMABOO will be liable for lack of conformity due to defects in the manufacture of the product that are manifested by the User during the warranty period from the moment of delivery of the product.
The User will have a maximum term of ONE HUNDRED (100) days to inform KAMABOO of the lack of conformity with the operation or quality of the mattress from the moment in which it becomes aware.
The guarantee covers the exchange for a new product in perfect condition if the repair is not possible. Defects or damage due to incorrect use, conservation or handling of the material or wear caused by normal use of the same, are not included in this guarantee.
Claims for damage caused during transport must be made within 48 calendar hours after delivery of the product if the damage is not externally noticeable. In the event that the damage is appreciable externally, it must be clearly stated in the same act of delivery on the corresponding receipt.
Returns, changes and withdrawal
KAMABOO mattresses purchased through the Website, in accordance with consumer and user regulations, are subject to the right of withdrawal by the User within a period of 14 days. However, KAMABOO voluntarily extends this period to a maximum of 100 calendar days from the date of receipt of the product. The cost of transporting returns for exercising the right of withdrawal of the User will be assumed by KAMABOO. In other words, the User has the right to test the 'KAMABOO Mattress' for a minimum of THIRTY (30) nights and a maximum of ONE HUNDRED (100) nights and return it free of charge if they are not satisfied.< br />
To exercise the right to withdraw, the User must contact KAMABOO directly by email at devoluciones@kamaboo.com communicating their decision and the reference number of the order or invoice number, without the need to provide any type of justification and KAMABOO will inform the User of how to proceed with the return of the withdrawn product. You can also contact KAMABOO on the phone 900 676 042.
In the event that a change is requested due to an error in the purchase of the mattress attributable to the User, this must bear the cost of collecting the product, the shipment of the new mattress being free. The cost of collection will be €69+VAT in cases where the mattress has been unpacked, and €30+VAT when the mattress is packed in its box, just as it was received.
To request a change of mattress, the User must contact KAMABOO at the email devoluciones@kamaboo.com or by phone at 900 676 042, explaining the reason for the change and the reference number of the mattress. order or invoice number, and KAMABOO will inform the User of how to processeder with the return of the product and payment of the collection costs.
For the return of the rest of KAMABOO products, the User must take into account that in accordance with the provisions of article 103 e) of Royal Legislative Decree 1/2007, of November 16, by which the consolidated text of the General Law for the Defense of Consumers and Users is approved, the right of withdrawal does not apply to those sealed goods that are not suitable to be returned for reasons of protection of the health or hygiene and that have been unsealed after delivery. Therefore, KAMABOO may deny the return of a product due to the withdrawal exercise of a User if the product is returned in an obviously deteriorated way due to causes that go beyond the mere verification of the characteristics and the good condition of a product.
Once KAMABOO receives the product and verifies that it is in correct conditions as stated above, it will proceed to refund the amounts paid by the User as soon as possible and in the same means of payment used by the User in the purchase, always without exceeding the maximum period of 14 days since the customer exercises the withdrawal.
In the event that the returned product had been purchased accompanied by a promotional gift, it must be returned together with the main product. KAMABOO reserves the ability to offer the customer a certain price so that, instead of proceeding to return the given product, the customer could purchase it.
Updating and Modification of the Website
KAMABOO may modify these Terms at any time by email or by posting the modified terms on the Website. All modified terms will be automatically effective 30 days after they are posted. Likewise, KAMABOO reserves the right to carry out, at any time and without the need for prior notice, updates, modifications or elimination of information contained on its Website in the configuration and presentation of it and the conditions of access, without assuming any responsibility. for it.
Intellectual Property
KAMABOO is the owner or licensee of the intellectual and industrial property rights that fall on the texts, graphic design, source code and all other content of the Website protected under the laws of intellectual and industrial property. As a consequence of this, KAMABOO is responsible for the exclusive exercise of the rights to exploit them in any way and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish legislation on intellectual property rights and industry.
The authorization to the User to access the Website does not imply a waiver, transmission, license or total or partial transfer of intellectual or industrial property rights by KAMABOO It is not allowed to delete, elude or manipulate in any way the contents of the KAMABOO Website. Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the contents included in the KAMABOO Website for public or commercial purposes, if you do not have the express written authorization of KAMABOO or, where appropriate, the owner of the corresponding rights.
The User who proceeds to share any type of content through the Website, grants KAMABOO a non-exclusive, free and worldwide license limited to the reproduction and public communication of said content through the provision of the services of the Website.
Data protection
In accordance with the General Data Protection Regulation (EU) 2016/679 of April 27, 2016, and other development regulations, we inform you that your personal data, whose origin is directly from the interested party, with the purpose of sending commercial, administrative or technical communications about our products and/or services, with the legitimacy of consent of the interested party, are being treated by KAMABOO
In its fulfillment, the personal data processed on the Website are declared in a privately owned file before the Spanish Agency for Data Protection, in order to respond to queries, manage our services or send information about our services and promotions provided that the User has given their consent to such use.
The person responsible for the files is FÁBRICA DE COLCHONES O SANGAL with registered office at Polígono de O Sangal S/N 36130 (Cerdedo). At this same address, or by sending an email to the KAMABOO address hola@kamaboo.com, the User may exercise the rights of access, rectification, cancellation and opposition of the data, sending a written and signed request including name, surnames, photocopy of the DNI, action requested and address in order to send you confirmation of your action in accordance with your request.< /p>
In any case, KAMABOO guarantees the safeguarding of the confidentiality and security of Personal Data, having adopted the legally required security measures, which reasonably allow to ensure the protection of your personal data and prevent loss, misuse, alteration, treatment or unauthorized access to them.
Independence of Clauses
If any of the clauses of these Conditions were null and void or voidable, it will be deemed not set. Said declaration of nullity will not invalidate the rest of the Conditions, which will remain valid and effective between the parties.
If any clause of these Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, and the Conditions will subsist in all that others, having such a provision or the part of it that is affected by not being placed.
Applicable Law
These Conditions will be governed by Spanish legislation, which will be applicable in matters not provided in these Conditions in terms of interpretation, validity and execution. Likewise, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Pontevedra.
The European Commission has the online dispute resolution platform available to consumers in the European Union to resolve disputes that occur in electronic commerce amicably (article 14 section 1 Regulation (EU) 524/2013 ) for which the Users of the Website have the right to file claims at the following link:
https://webgate.ec.europa.eu /odr/main/index.cfm?event=main.home.show&lng=EN