TERMS AND CONDITIONS – KOWLOONSPORTS SL
§1 Scope of validity and provider
These terms and conditions shall apply to all orders placed through individuals via the online shop operated by
C/ ALVARO CUNQUEIRO 13 – 6B
Director: Michael Vosberg
VAT identification number pursuant to SPANISH LAW: ESB36947869
§2 Contract conclusion
§2.1 The display of our products in our online shop serves the purpose of making a purchasing offer. By clicking the [order] button, you will submit a binding purchasing offer.
§2.2 We will accept your order either by sending you an order acknowledgement e-mail or by dispatching your order within five business days. A confirmation e-mail stating that we have received your order is not necessarily an acceptance of your purchasing offer.
§2.3 Should our order acknowledgement contain typing or printing errors or should our price conditions be transmitted incorrectly due to technical issues, we are entitled to rescission of the contract while being obliged to give you evidence of our error. Payments that have already been made will be refunded to you without delay.
§2.4 We deliver products only “while stocks last”. In the event that we have not been provided with a certain product or certain products by our suppliers without fault on our side, the ordered product/s will no longer be available and we shall be entitled to withdraw from the contract. In such an event we will inform you without delay. We will, if applicable, reimburse you for any payments made.
§2.5 In the case of a credit card payment, your account will be debited upon order completion.
All prices are final prices. They include value added tax (21%) as well as all other price components. However, they do not include the delivery charges. Please see our product and information pages for more details.
§4 Delivery charges
The items offered in our product range will be delivered via prestigious carriers like UPS, Correos, Correos Express, SEUR, etc..
§4.2 Delivery period
After receiving your completed order, we will process it without delay. As a general rule, the goods will be dispatched within 48 hours once the order is completed and payment is received. For exact information about the delivery of a product, please refer to our help pages, as well as the product page itself.
§4.3 Delivery costs
The standard shipping cost for orders within Spain is 3.99€. Standard shipping is free on orders worth 30€ or over.
The standard shipping cost to European countries* is 6.99€. Standard shipping is free on orders worth over 70€.
§4.4 Posterior delivery costs
On orders eligible for free delivery, posterior delivery charges will arise if the total value of the order sinks below the free delivery threshold as a consequence of a return.
§5 Terms of delivery
§5.1 Delivery will be made to destinations within Europe exclusively.
§5.2 In the event that not all ordered products are in stock, we shall be entitled to make partial deliveries at our own expense, inasmuch as this modification can be reasonably imposed on the customer.
§5.3 We shall be entitled to withdraw from the contract should the delivery of the goods to the customer fail after three attempts. If applicable, payments already made by the customer shall be refunded without delay.
§6 Terms of payment
§6.1 You can choose from one of the following payment options: bank transfer, credit card or PayPal. We reserve the right to exclude certain payment options.
§6.2 If you would like to pay via bank transfer, we will provide you with our bank details in our order acknowledgement e-mail. The invoiced amount must be transferred to our account within 10 days. If you choose to pay by credit card, your account will be debited as soon as you complete the order.
Please be aware that some orders paid for via credit card may be chosen at random to perform a security check over the phone. This is done in order to protect the customer from possible fraud.
§6.3 If the payment for the goods is delayed, the customer is liable to pay interest on the
purchasing price at a rate of 5% above the base rate. This is applicable throughout the period of delay. We reserve the right to claim for a higher cost of damage should the latter be incurred by the delay in payment.
§6.4 Your right to compensation is only applicable if your claims are acknowledged by us in writing, are undisputed or are judicially established as legally valid.
§6.5 Your right to withhold payment is only applicable if your claims are regarding the purchasing contract in question.
§7 Ownership rights
Ownership of the purchased goods shall only be transferred when the purchase price has been paid in full. Prior to the transfer of ownership, the pawning, pledging, processing or redesigning of goods is not allowed without our consent.
§8 Instructions on returns
§8.1Right of withdrawal
You have the right to withdraw from this contract within 30 days without specifying a reason. The withdrawal period will expire after 30 days, starting from the day you, or a third party nominated by you, (excluding a consignor) receive(s) the goods.
To exercise the right of withdrawal, you must inform us (KOWLOONSPORTS SL, APDO DE CORREOS 5157, 36200 VIGO, eMail: firstname.lastname@example.org) by means of an unambiguous statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You may use the model withdrawal form below, though this is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your withdrawal statement before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the shipping costs (except the supplementary costs resulting from your choice of delivery other than the least expensive means of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out said reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. Whatever the case, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the returned goods or you have supplied evidence of having sent the goods back, whichever occurs first.
You are requested to send back the goods to the following address:
APDO DE CORREOS 5157
Please return the goods no later than 30 days after receiving your order. We will not cover the costs of the return, unless the goods have a proven manufacturer fault with regards to build, properties or functional operation, which was not caused by you. If, after inspection, the returned goods are found to be in a used condition, you may have to cover costs incurred by the loss of product value.
The right withdrawal does not apply to the following contracts:
Contracts for the delivery of goods which have not been pre-assembled and have been produced according to customer specifications or the consumer’s instructions, or have been tailored for the personal requirements of the customer. Please note that the right to withdraw expires earlier with the delivery of sealed goods, which for reasons of health and hygiene are not suitable to be returned when their packaging has been removed after delivery.
Model withdrawal form
(Complete and return this form only if you want to withdraw from the contract.)
APDO DE CORREOS 5157
I/We(*) hereby give notice that I/we(*) wish to withdraw from my/our(*) contract of purchase of the following goods (*)/ provision of the following service (*):
Ordered on (*)/ received on (*)
Customer(s) name (s)
Customer(s) signature(s) (required only if this form is delivered in paper format),
(*) Delete as appropriate.
Printable PDF withdrawal form
Conditions for the redemption of vouchers: if an item is returned so that the overall order value consequently falls below the minimum order value required for the validity of the voucher, then the voucher code cannot be applied to the remaining items in the order.
§9 Transportation damage
§9.1 If goods are delivered with obvious transport damage, please submit a complaint to the parcel courier and contact us at your earliest possible convenience via eMail at: email@example.com.
§10.1 Warranty will be provided in accordance with statutory regulations. Where defects are detected within the legally required warranty period of two years, starting from the date of delivery, you are legally entitled to rectification (defect repair or substitute delivery). In accordance with legal requirements, you shall also have the legal right to revoke the agreement or to receive a reduced price, as well as compensation for damage and reimbursement of expenses, if applicable. We are entitled to two attempts to rectify the defect, as long as you have not set us a reasonable deadline that has passed without satisfactory results. If your desired mode of rectification can only be carried out at disproportionately high costs, your entitlement shall be restricted to the other mode of rectification.
§10.2 We will not provide warranty for any damage and deficiencies resulting from improper use, operation or storage, negligent or faulty service and maintenance, overstraining, or improper repair performed to the product by repair-service providers who are not expressly authorised to do so.
Our liability for a slightly negligent breach of duty is expressly excluded, unless this concerns an essential condition of the contract, damage caused by the impairment of life, body or health or the infringement of guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty on the part of our subcontractors.
§12 Privacy and credit assessment
§12.1 We will use any data you have communicated to us to process your order. For this purpose we shall share your data with other businesses, such as courier services, in order to deliver the merchandise to you. These businesses shall only be permitted to use your data to process your order and for no other purposes.
We will not use or share any data for advertising and/or market research purposes.
§12.2 We save the contract text and send you the order information and our general terms and conditions by e-mail. You can view your past orders in our customer log-in area.
§13 Technical steps to conclude a contract by offer and acceptance
To make an order and conclude a contract, a customer has to do as follows:
• When a customer is on the product description page, s/he can click on “add to basket”, to enter into the next step of the process. A little window opens up on the right hand side of the screen and confirms the product’s features (size, price, quantity).
• The customer can browse around and find other products to add to the basket or click on “Go to check out” to go to the second phase of the transaction process. A new page opens to recapitulate the full details of the shopping basket. After the customer has proof read this page he can click on “Go to check out”. The next page that appears depends on whether the customer is connected into his/her user account already or not. If the customer is not logged in s/he is asked to log in (clicking on: “Login via secure server”) or create an account (clicking on: “continue via secure server”).
• Depending on the customer’s status, s/he is asked to add his delivery address and choose his/her payment mode or if s/he has already ordered before, the address information will appear automatically. The payment method is either saved or the customer is asked to choose the payment method. Depending on the payment method, the customer will be asked to give more information. By clicking on “next” s/he is directed to the next page of the transaction process.
• This next page is an overview of the customer’s previous choices: the products in the basket, the address and the payment method. If the customer is satisfied with the information provided, s/he can click on “Submit”.
• The customer is redirected to the confirmation page that confirms that the transaction was successful and that the order will be processed.
• The seller’s form of acceptance of the purchase offer can be found under the terms and conditions §2
§14 Storing the contract text
The contract text will be kept by us and sent to the customer in a text format (e.g. letter or eMail) alongside the terms and conditions once the order has been confirmed. The contract text will be archived by us and will be provided to the customer by the customer service team upon request.
§15 Technical Information to correct mistakes when making an order
Before submitting an order, the customer has the possibility to correct any given information by using the standard keyboard and mouse. It is possible to go back to previous pages and modify the information before confirming the order.
§16 Information about the language of the contract
The contract language is Spanish, German or English.
§17 Information about codes of conduct
The seller has not submitted any codes of conduct.
This website uses a DRTO tracking tool, a piece of software for statistical analysis of visitor access. The DRTO tracking tool uses so-called “cookies”, text files that are stored on your computer and enable an analysis of your use of the website. Information collected by cookies about your use of this internet service is saved on the provider’s server, in Spain. Your IP address is anonymised immediately after being processed and saved. You can prevent the installation of cookies via the relevant settings in your browser, but please be aware that in such cases you may not be able to enjoy the full range of functions offered by this website.
§19 Complaints procedure
Online Dispute Resolution in accordance with Art. 14 para. 1 ODR-VO: the European Commission provides a platform for online dispute resolution (ODR). This can be found at http://ec.europa.eu/consumers/odr/. KOWLOONSPORTS is currently not obliged to use an alternative dispute resolution process that complies with the regulations of the European Commission. Should this change, customers will be informed accordingly.
§20 Final Clauses
§20.1 Should a particular clause of these general terms and conditions be ineffective, all other terms and conditions of the contract will remain unchanged. Applicable statutory regulations shall be effective instead of the ineffective clause.
§20.2 Spanish law is applicable.
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