General terms and conditions of contract

Access to the Website implies knowledge and acceptance of these Conditions, as well as being of legal age and being in full mental capacity to be able to acquire any of the products available on the Website.

The User guarantees that all data about his/her identity that he/she voluntarily provides when accessing KAMABOO in its forms are true, accurate and complete. In the event that the User provides any false, inaccurate or incomplete data or if KAMABOO considers that there are reasonable grounds to doubt the truthfulness, accuracy and integrity of said data, KAMABOO may deny him/her access and present or future use of the Website or any of its contents and/or services.

The User is responsible for having the necessary services and equipment for browsing the Internet and for accessing the Website. In the event of any incident or difficulty in accessing the Website, the User may inform KAMABOO, which will proceed to analyse the incident and give the User instructions 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, morality, good customs and public order. Specifically, the User undertakes to diligently observe these Conditions.

Users shall refrain from using the Website for illegal purposes or effects that are harmful to the rights and interests of third parties, or that in any way may damage, render useless, affect or deteriorate the Website, its contents and its services. Likewise, it is prohibited to prevent other Users from using or enjoying the Website normally.

KAMABOO cannot be held editorially responsible, and expressly declares that it does not identify itself with any of the opinions that may be expressed by the Users of the Website, for the consequences of which the issuer of said opinions is entirely responsible.

Those who fail to comply with such obligations will be liable for any damage or harm they cause. KAMABOO will not be liable for any consequences, damage or harm that may arise from such illegal access or 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;
• Not to host, store, disclose, publish, distribute or share any content that may constitute an illegitimate interference or violation in any way of the fundamental rights to the honor, image and personal and family privacy of third parties and, very especially, of 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;
• Not to alter or modify, in whole or in part, the Website, circumventing, deactivating or manipulating in any other way its functions or services;
• Not to 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 the image of 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 number of people, or 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 who is considered to be in breach of these Conditions. Likewise, all Users may inform KAMABOO of any abuse or violation of these conditions by sending an email to info@kamaboo.es. KAMABOO will verify this report as soon as possible and will take the measures it deems appropriate, reserving the right to remove and/or suspend any User from the Website for breach of these Conditions. Likewise, KAMABOO reserves the right to remove and/or suspend any message containing illegal or offensive content, without prior notice or subsequent notification.

KAMABOO does not control and will not be responsible for the content posted by Users through the Website, and the Users are solely responsible for the legal adequacy of said content.

KAMABOO is not obliged to control and does not control the use that Users make of the Website and, consequently, does not guarantee that Users use the Website in accordance with the provisions of these Conditions, or that they make diligent and/or prudent use of it. KAMABOO is not obliged to verify and does not verify the identity of Users, nor the veracity, validity, exhaustiveness and/or authenticity of the data that they provide.

KAMABOO excludes any liability for damages of any kind that may be due to the unlawful use of the Website by Users or that may be due to the lack of veracity, validity, exhaustiveness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, although not exclusively, for damages of any kind that may be due to the impersonation of a third party by a User in any kind of communication made through the Website.

Without prejudice to 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 content, through the use of appropriate technological instruments for this purpose, if it has effective knowledge that the activity or the information stored is unlawful or that it harms the property or rights of a third party. In this regard, KAMABOO may establish the necessary filters to prevent illegal or harmful content from being posted on the Internet through the service.

KAMABOO will not be liable in the event of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, or for interruptions in 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's computer system (hardware and software), or to the files or documents stored therein, as a result of:

The presence of a virus in the User's computer system or mobile terminal that is used to connect to the Website's services and content;
A malfunction of the browser; as well as the use of non-updated versions of the browser.

The User may access the acquisition of the products offered by KAMABOO through the Website by entering the requested data in the corresponding form of the Website's purchase gateway. Subsequently, the User must follow all the steps of the purchase procedure indicated by the Website.

Likewise, the Website's purchase gateway 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 following the completion of the purchase, it will be the User's responsibility to confirm with KAMABOO the approval of the transaction.

The prices of the products offered on the Website include Value Added Tax (VAT) or other taxes that may be applicable and in all cases 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 of placing the order. The applicable prices will be those published automatically during the purchase process in the last phase of the same. The User will always be informed of the final price of the acquisition of a product prior to the completion of the purchase process.

The User may make the payment by selecting one of the payment methods available on the Website (payment by card, payment in instalments, 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 in advance on each occasion.

Specifically, the User must take into account the following:

• Payment by card: the User may pay for their order using a 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 bank transfer: the User must make the transfer to a bank account of Banco Popular-Pastor/Grupo Santander that will be indicated at the end of the purchase process. When making the transfer, the User must indicate in the concept of the same the order number that KAMABOO will provide at the end of the purchase process. The User is aware and accepts that the payment method by bank transfer may imply a delay in the delivery of the order since KAMABOO will not begin preparing the shipment until it has verified that the transferred amount 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 instalments (1): the User has the option of paying in instalments the amount of a product purchased on the Website through the service offered by the Cetelem platform (www.cetelem.es). This is a service that is not related to KAMABOO and KAMABOO only facilitates its contracting through the Website. Therefore, the User is subject at all times to compliance with the specific conditions of this service without KAMABOO intervening in the contracting or maintaining any liability derived from the contracting of the same by the User. *
• Payment via PayPal: the User may use the PayPal platform as a payment gateway for the amount of the product purchased on the Website. KAMABOO will not charge any additional fees for using this payment method.
• Cash on delivery: the User may make the payment by paying the amount at the time of delivery of the product 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.

Any payment made to KAMABOO will result in the issuance of an invoice in the name of the User according to the data provided during the contracting process, which will be sent by email to the address provided by the User.

(*) You can finance your purchases and pay in installments with Cetelem Spain, BNP Paribas group.

To request financing, make your purchase and select the financing option as a payment method. From there, the Cetelem financing process begins. It is 100% digital, fast, simple and convenient.

Sign your contract digitally using a PIN that we send to your mobile phone and directly attach the documentation requested in the process.

The necessary documents are:

1) Double-sided ID or residence card (for foreign residents)

2) Proof of income (employees: last pay slip / self-employed: last income tax return / pensioners: pension revaluation letter).

3) First page of the Bank Book or a direct debit receipt showing the IBAN code. The contract holder must be the holder of the bank account.

If you are already a Cetelem customer, you will only need your ID and your mobile phone to hand. There are no forms to fill out and no documentation to send.

Transport of products purchased through the Website is included in the price unless otherwise expressly stated prior to completion of the purchase process. The transport service offered by KAMABOO does not include any assembly service for products purchased through the Website.

Products purchased before 3:00 p.m. will be delivered using the “Free delivery in 48/72 hours” service, which consists of delivery to the User’s home address, not including weekends and holidays. Valid for the peninsula and the Balearic Islands. In the case of shipments to the Canary Islands, please 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, occasionally 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 comply with the specified delivery date by more than 5 business days, the User may choose to cancel the order and KAMABOO will proceed to refund the purchase amount using the same means used during the purchase, in the shortest possible time. In no case will this be considered a breach of this clause by KAMABOO when the order has been delayed at the User's request or the User has not been able to be located at the address specified for 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 pose any accessibility problems at the specified delivery location, especially in hallways, doors, stairs, landings, etc. The transport service is not authorised to use any means of lifting that involves a pulley and/or rope mechanism outside the delivery location. In the event that the purchased items do not fit through regular access, all extraordinary costs arising from cranes or platforms shall be the sole and exclusive responsibility of the User.

In addition to the legal manufacturer's warranty, KAMABOO also offers an extended 10-year commercial warranty for mattresses, in accordance with the provisions of article 125 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. In accordance with the provisions of article 125.3 of the aforementioned General Law for the Protection of Consumers and Users, it is expressly stated that the Commercial Guarantee does not affect the legal rights of the consumer and user in the event of a lack of conformity of the products with the contract.

KAMABOO will be liable for any lack of conformity due to defects in the manufacture of the product that are manifested by the User during the warranty period from the time of delivery of the product.

The User will have a maximum period of ONE HUNDRED (100) days to inform KAMABOO of the lack of conformity with the operation or quality of the mattress from the moment he or she becomes aware of it.

The warranty covers the exchange for a new product in perfect condition if repair is not possible. Defects or damage due to incorrect use, storage or handling of the material or wear and tear caused by normal use are not included in this warranty.

Claims for damages caused during transport must be made within 48 calendar hours from delivery of the product if the damage is not externally noticeable. If the damage is externally noticeable, it must be clearly stated at the time of delivery on the corresponding delivery note.

KAMABOO mattresses purchased through the Website, in accordance with consumer and user regulations, are subject to the User's right of withdrawal within 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 due to the exercise of the User's right of withdrawal will be borne by KAMABOO. In other words, the User has the right to try out 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 not satisfied.

To exercise the right to withdraw, the User must contact KAMABOO directly by email at devoluciones@kamaboo.com, communicating their decision and the order reference number or invoice number, without needing to provide any justification, and KAMABOO will inform the User how to proceed with the return of the withdrawn product. Users may also contact KAMABOO by phone at 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, the User must be responsible for the costs of collecting the product, with the shipment of the new mattress being free of charge. 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, as received.

To request a mattress exchange, the User must contact KAMABOO by email at devoluciones@kamaboo.com or by phone at 900 676 042, explaining the reason for the exchange and the order reference number or invoice number, and KAMABOO will inform the User how to proceed with the return of the product and payment of the collection costs.

For the return of other 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, which approves the revised text of the General Law for the Defense of Consumers and Users, the right of withdrawal does not apply to those sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery. Therefore, KAMABOO may refuse the return of a product due to a User's exercise of the right of withdrawal if the product is returned in an obviously damaged form due to causes that go beyond the mere verification of the characteristics and good condition of a product.

Once KAMABOO receives the product and verifies that it is in correct condition as stated above, it will proceed to refund the amounts paid by the User as soon as possible and in the same payment method used by the User in the purchase, always without exceeding the maximum period of 14 days from when the customer exercises the withdrawal.

In the event that the returned product was purchased with a promotional gift, the product must be returned together with the main product. KAMABOO reserves the right to offer the customer a certain price so that, instead of returning the gifted product, the customer can purchase the same.

KAMABOO may modify these Terms at any time by email or by posting the modified terms on the Website. All modified terms will automatically come into effect 30 days after they have been posted. KAMABOO also reserves the right to make updates, modifications or deletions of information contained on its Website at any time and without prior notice, in the configuration and presentation of the Website and in the conditions of access, without assuming any liability for this.

KAMABOO is the owner or licensee of the intellectual and industrial property rights over the texts, graphic design, source code and all other content of the Website protected under intellectual and industrial property laws. As a result, KAMABOO has the exclusive right to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish legislation on intellectual and industrial property rights.

Authorization of the User to access the Website does not imply a waiver, transfer, license or total or partial assignment of intellectual or industrial property rights by KAMABOO. It is not permitted to delete, evade 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, process or distribute in any way all or part of the contents included in the KAMABOO Website for public or commercial purposes, without the express written authorization of KAMABOO or, where applicable, of 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 Website services.

In accordance with the General Data Protection Regulation (EU) 2016/679 of April 27, 2016, and other implementing regulations, we inform you that your personal data, which comes directly from the interested party, for the purpose of sending commercial, administrative or technical communications about our products and/or services, with the legitimation of the interested party's consent, are being processed by KAMABOO

In compliance with this, the personal data processed on the Website are declared in a privately owned file before the Spanish Data Protection Agency, for the purpose of responding to queries, managing our services or sending information about our services and promotions provided that the User has given his/her consent to such use.

The data controller 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 KAMABOO at hola@kamaboo.com, the User may exercise the rights of access, rectification, cancellation and opposition of the data, by sending a written and signed request including name, surname, photocopy of ID, action requested and address in order to send confirmation of its action in accordance with your request.

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 ensuring the protection of your personal data and avoiding the loss, misuse, alteration, processing or unauthorized access thereof.

If any of the clauses of these Conditions is null and void or voidable, it shall be deemed not to have been entered into. Such declaration of nullity shall not invalidate the rest of the Conditions, which shall remain in force and effective between the parties.

If any clause of these Conditions is declared, in whole or in part, null or void, such nullity or voidness shall affect only that provision or the part thereof that is null or void, and the Conditions shall remain in force in all other respects, such provision or the part thereof that is affected being deemed not to have been entered into.

These Conditions shall be governed by Spanish law, which shall apply to any matters not provided for in these Conditions regarding interpretation, validity and execution. Furthermore, both parties expressly waive any other jurisdiction and submit to the Courts and Tribunals of Pontevedra.

The European Commission has made available to consumers in the European Union the online dispute resolution platform to resolve disputes that arise in electronic commerce in a friendly manner (Article 14 paragraph 1 of Regulation (EU) 524/2013) and therefore Users of the Website have the right to submit claims at the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES