1. PURCHASE CONDITIONS
This document contains the Terms & Conditions that govern the use of this website and the contract that binds the two parties (hereinafter Terms & Conditions). These Terms & Conditions establish the rights and obligations of all users and those of KOSTURAS in relation to the goods/services that we offer through this website. We ask that you carefully read these Terms & Conditions before using this website, or before placing an order through said website. You are agreeing to be bound by these Terms & Conditions.
This website has been designed for online shopping.
The Purchase Conditions herein regulate the sale of products from the www.kosturas.com website, property of ACT SALT S.L (hereandafter KOSTURAS).
Before placing an order on this website, we recommend that you read and understand carefully these Purchase Conditions.
As a costumer, you hereby explicitly acknowledge that you are aware of, understand and accept the General Terms and Conditions of Business.
In case you do not agree with the terms and conditions mentioned below, please refrain from making any purchase on this website.
These Terms and Conditions may be subject to change at any time. Therefore, it is advisable to check them periodically in order to know the Terms and Conditions which are applicable at the time of the purchase.
By placing an order you are declaring that you have read and accepted the conditions of use.
You are indeed accepting the following conditions:
1. You may use this website for browsing and/or buy order(s) in a strictly legal way.
2. You may not carry out orders which are speculative, fake or fraudulent. If we have reasonable grounds to believe that such an order has been made, we withhold the right to cancel the order and inform the relevant authorities.
4. If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order on our website, you are confirming that you are at least 18 years of age and able to enter into legally-binding contracts.
The products offered in this website are available for distribution in Europe.
Conclusion of the Agreement
No contract in respect of any products shall exist between KOSTURAS and the User until your order has been explicitly accepted by us. Should the User’s offer be rejected and in case the User has already been charged, the amount of the purchase will be refunded entirely and as soon as possible.
In order to place an order, the User shall follow the website’s online purchase procedure. Orders shall be subject to approval, i.e., the User shall receive an email confirming the shipment of the product.
The agreement for the purchase of a product between the User and KOSTURAS shall only be formalised when the User receives “The order is being prepared” confirmation by KOSTURAS.
KOSTURAS is under no obligation to provide the User with any products which might have been part of his/her order until the dispatch of such products has been confirmed in an “The order is beeing prepared” Confirmation.
In the event of supply difficulties or if the products are no longer in stock, KOSTURAS reserves the right to provide the User with information about other products.
If the User does not wish to order such substitute products, he/she will receive a full reimbursement as soon as possible.
Refusal to process products
KOSTURAS shall not be liable to the User for refusing to process an order once an Order Confirmation has been sent. In this event, the User will always be informed through an email.
Impossibility of delivery
In the event that the order is not delivered due to causes not attributable to KOSTURAS within 10 work days from the date the order is available for delivery, KOSTURAS will understand the User wishes to withdraw from the agreement and it shall be deemed terminated.
As a result of the termination of the agreement, the User will receive full reimbursement of the amount paid as soon as possible and, in any case, no later than 30 calendar days from the date of termination of the agreement, so long as KOSTURAS has been able to recover the product. In such events, KOSTURAS is entitled to charge the User for the transportation costs resulting from the shipment and the agreement termination.
Passing of product risk and property
Product risks will be passed to the User at the time of delivery.
Price and payment
The price of each product shall be as established on KOSTURAS’s website, except in cases of manifest error.
Should an error be found in the price of any product order by the User, he/she shall be immediately informed and be given the opportunity to reconfirm the order at the correct price or to cancel it. Should KOSTURAS fail to contact the User, the order shall be deemed cancelled and the User will receive full reimbursement of any amounts paid.
KOSTURAS is under no obligation of supplying any product at the incorrect price (even if an Order Shipping Confirmation has been sent) if the error in the price is abundantly obvious and unmistakable and it could have been reasonably recognised by the User.
All prices in this website include VAT. Shipping costs are not included and will be added to the total amount according to the place of delivery.
The order placement and payment must be made as follows:
Payment may be made through bank transfer and through PayPal. Once an order is received, an authorisation hold will be made on the User card limit in order to ensure that there are sufficient funds for execution of payment.
In accordance with the legislation in force, any purchase made through this website shall be subject to a Value Added Tax (VAT), which will be charged at the applicable rate at the time of delivery.
Regarding sales in other states, according to the current regulation applied to distant purchases, deliveries shall be deemed local and shall be taxed in Spain.
2- SHIPPING AND RETURNS
Orders will be shipped, according to the products listed on each Order Confirmation, within 4 and 8 work days following receipt of the Order Shipping Confirmation within Spanish territory (except Canary Islands, Ceuta and Melilla) and 15 work days for orders outside Spain.
You may receive your shipment at the address of your choice.
Shipping is done through different courriers according to the product you purchase.
Shipping costs will be calculated automatically according to the product you buy and delivery address you select.
Nevertheless, there might be delays in any of the following cases: by unforeseen circumstances or when there have been problems with the delivery area.
If for some reason KOSTURAS cannot meet the delivery date, the User will be informed (in which case a new delivery date shall be established)
According to the current regulations (Revised Text of the General Law for the Protection of Consumers and Users), if the User is acting as a consumer, he/she is entitled to terminate this Agreement (except when its object is any of the products for which the right of termination of the following clause is excluded) at any time within a period of 14 work days of the receipt of the product. In such case, the price paid for the products will be refunded. The client shall bear the direct costs resulting from the product return.
The client shall exercise his right of termination by returning the products with prior communication to firstname.lastname@example.org.
The Client’s right to terminate the Agreement shall apply exclusively to products returned in the same conditions he received them. We kindly ask the Client to return the product with its original packaging. The product shall be returned with its instructions, documents and packaging. No reimbursement will be made if the product was used or damaged. Shipping shall be made in the same packaging that it was received and following the instructions that KOSTURAS customer service team will provide.
KOSTURAS reserves the right to reject returns submitted or shipped out of time or items which are not in the same conditions they were received.
We recommend that you keep the courier receipt as a proof of return of the item.
If KOSTURAS accepts the return of the goods (if requirements stated are fulfilled), the user might be responsible for the costs of returning said goods, with postage costs of initial order and return order not subject to refund.
Return of defective products
Should the Client consider that, at the time of delivery, the product does not conform with the provisions of the Agreement, he shall immediately contact KOSTURAS through email@example.com, and we will provide further instructions on how to proceed.
The amounts paid for defective products, in case there is any actual defect, will be reimbursed, shipping costs included.
Refunds will be made through the same payment method used to make the payment. This does not affect any right recognised by law.
Products may be exchanged by other items within 14 days of receipt.
In case the size of your item is not adequate, it may be exchanged without any problem. In case you need a different size, the user might be responsible for the costs of returning said goods.
Return delivery costs
If you decide to use your withdrawal right because the product does not suit you, or you want to change it, returns shipping costs and carrier choice are your responsibility. However, in the eventuality of a defective product, return shipping costs will be refunded by Kosturas along with your item, after your package has been checked by the customer service team.
Liability and exemption of liability
Save where it is expressly provided otherwise in these Conditions, KOSTURAS liability regarding any product purchased in our website is strictly limited to such product purchase price. Notwithstanding the foregoing, KOSTURAS liability is not excluded nor limited in the following cases: in the event of fraud or fraudulent misrepresentation, or in any subject in which it would be illegal to exclude, limit or try to exclude or limit KOSTURAS liability.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, KOSTURAS does not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out.
All product descriptions, information and materials featured in this website are provided “as is”, with no expressed or implicit warranties.
KOSTURAS excludes all warranties to the full extent permitted by law, except for those which may not be legitimately excluded.
The provisions in this section will not affect the User’s legal rights as a consumer, or his right to terminate this Agreement.
3 – INTELLECTUAL PROPERTY
The contents of this website and blog which include, without limitation: texts, animations, videos, sounds, graphics, images, logos, colours, structure and presentation of contents, whatever their format, programming language and their form of representation, as well as the domain name www.kosturas.com, are wholly owned by KOSTURAS and the total or partial reproduction, communication, distribution or any other possible activity carried out with the contents of this page and any other materials or elements included on it without KOSTURAS prior written consent are completely forbidden. The use of this web page confers the status of web page USER and involves the full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, in the version published by KOSTURAS at the time when the USER accesses the web page. The USER agrees to use the web page & blog, its contents and services, in accordance with the law, with the current Legal Disclaimer, with the specific conditions applicable to certain services and with other disclaimers, rules of use and instructions set out for the USER, as well as the generally accepted morals and good customs and public order.
To this end, the USER must abstain from using any of the services for illicit effects or purposes, forbidden and/or detrimental to third parties´ rights or interests. The USER accepts responsibility for the use of the information contained on the web page & blog.
The user obligations
The user’s obligations, notwithstanding those which arise because of the clauses of this document, are the following:
- The USER is obliged to guarantee the veracity and accuracy of their registration data introduced in KOSTURAS information systems and to update them if necessary. In all circumstances the USER will be held solely responsible for any false or inaccurate statements which they make and for the damage they may cause to KOSTURAS or third parties as a result of the information that they provide.
- To notify KOSTURAS immediately about any signs of possible violation to the SITE’s security, of inappropriate or forbidden use of the services provided by the company, or of security errors of any kind.
- To make good use of the contents, information and services provided by or on the WEBSITE, in accordance with the law, good faith and generally accepted good conduct, expressly agreeing:
-To abstain from using the services for illicit or fraudulent purposes, detrimental to KOSTURAS or third parties rights or interests, infringing the rules set out in the present contract or the Specific Conditions which, when applicable, regulate all the services provided from or by the WEBSITE.
- To abstain from carrying out any action that could render unusable, overload or damage the WEBSITE´s systems, teams or services, or direct or indirect accesses from the WEBSITE.
Inappropriate use of this website by intentionally introducing viruses, trojans, worms, logic bombs or any kind of program or technologically harmful material is forbidden. The User shall not attempt to access this website, the server in which it is hosted or any server, computer or database related to KOSTURAS website.
The User agrees not to attack this website through denial-of-service attacks.
Failure to comply with this provision may lead to the commission of infringements criminalized by present law.
Any breach of this regulation will be reported to the competent authorities, with whom KOSTURAS will cooperate to reveal the attacker’s identity. Moreover, any breach of this regulation shall entitle KOSTURAS to ban access to this website by the User.
KOSTURAS shall not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other kind of program or technologically harmful material which may affect the User’s computer, data or materials as a result of the use of this website or derived from downloading contents from it or from sites to which it redirects.
Links from KOSTURAS website
In case KOSTURAS website contains links to third party websites and materials, such links are provided only for informational purposes and KOSTURAS has no control whatsoever over their contents. Therefore, KOSTURAS takes no liability for any damage or loss resulting from their use.
Applicable laws require that some of the information or communications we send to you should be in writing. By using this website & blog, you agree that most of such communications with us will be in electronic form.
All notices to KOSTURAS by the Client should be addressed to firstname.lastname@example.org unless otherwise stated, all communications to the Client by KOSTURAS will be addressed to the Client’s e-mail or to the postal address he provided when placing the order.
Transfer of rights and obligations
This Agreement is binding upon the parties here to and their respective successors and assingns. The Client may not transfer, assign, charge or otherwise dispose of an Agreement or any of his rights and obligations arising under it without prior written consent.
KOSTURAS may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights and obligations arising under it at any time during the term of this Agreement. For the avoidance of doubt, such transfers, assignments or charges shall not affect the Client’s rights as a consumer nor shall they cancel, reduce or limit in any way any expressed or implicit warranty he may be granted by KOSTURAS.
Events beyond KOSTURAS control
KOSTURAS shall never be liable for non performance, defective performance or delayed performance of any obligation arising from this Agreement if they are due to events of Force Majeure.
KOSTURAS obligations arising from Agreements will be deemed as suspended for the duration of the Event of Force Majeure and we shall have a time extension in order to fulfil such obligations equivalent to the duration of the Event of Force Majeure.
The following will be deemed as events of force majeure:
a. Strikes, lockouts or any industrial action.
b. Civil commotion, uprising, invasion, terrorist attack or threat, war or threat of war.
c. Fire, explosion, storm, flood, earthquake, subsiding soil, epidemic or any natural disaster.
d. Inability to use trains, ships, aircrafts, motorized transport or other public or private means of transport.
e. Inability to use public or private telecommunication systems.
f. Acts, ordinances, legislation, regulations or restrictions by other governments.
g. Strike, failures or accidents in maritime, river or postal transport.
The absence of an explicit call by KOSTURAS to strictly comply with any of the obligations assumed by the Client under this Agreement or the failure by KOSTURAS to exercise or enforce any rights or provisions of this Agreement does not constitute a waiver of it. No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement. No waiver by KOSTURAS of any terms or rights in this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to the User in writing.
Right to revise the Terms
KOSTURAS has the right to change the Terms of this Agreement at any time. The User shall be subject to the policies and Terms in force at the time the order is placed, unless any change to those policies and Terms is required to be made by law or governmental authority, in which case it will apply to orders previously placed by the User.
Applicable law and competent jurisdiction
Any controversy or claim arising from the contents, activities and services of this website & blog between KOSTURAS and the Users and/or third parties, shall be subject to the jurisdiction of the Courts and to the Spanish legislation, expressly waiving any other jurisdiction that could correspond to them, unless a different legislation or jurisdiction is determined by applicable law.
Contracts for the purchase of products through our site are governed by Spanish law. Any dispute arising from or related to, said contracts shall be subject to the jurisdiction of the courts of Barcelona.
If you are a consumer, nothing in this clause will affect your statutory rights as recognised by the current law.
Duration and termination
The functioning of this website & blog is not limited in time. Nonetheless, KOSTURAS may temporarily suspend the provision of services and/or terminate it definitively, at any time and with no advance notice.
In KOSTURAS we know the success of our business depends on our clients’ satisfaction. Thus, we have highly qualified professionals in order to provide our clients with the highest-level quality of service at email@example.com.
4. PRIVACY NOTICE
Personal Identification Data
We inform you that the personal data that you provide will be saved on a personal data file maintained under the responsibility of KOSTURAS for the management of contracted Services.
Furthermore, we inform you that your personal data will neither be divided up nor used for any other purposes except in the provision of information concerning KOSTURAS offers of services and activities which we believe you will find useful.
The USER gives their express consent for KOSTURAS to pass on the details provided on the web page to a third party for purposes directly associated with the services you will contract through the website. In this case, the transfer of details to a third party by KOSTURAS is for the sole purpose of the development, fulfilment and control of the legal relationship established between the USER and KOSTURAS.
As USER, you have the right to access, correct, and if needs be, change or cancel any of the details you have provided us with by sending an email to this address: firstname.lastname@example.org.
In compliance with the provisions of Article 10 of Act 34/2002 of 11 July regarding Services of the Information Society and E-Commerce, the following data refer to the company to which this website & blog pertains:
ACT SALT S.L (hereinafter KOSTURAS)
All personal information provided by the User will be stored on a file under the responsibility of KOSTURAS for the following purposes:
1. The development and enforcement of the contract for the sale of products purchased or of any other contract between both parts;
2. Satisfy the requests made by the User;
3. Provide the User with information regarding Kosturas products; this includes sending commercial communications by email or by any other equivalent electronic means (such as SMS) and phone calls.
As owner of the file, Kosturas is committed to respecting the confidentiality of the User’s personal information and to guaranteeing the exercise of his/her rights of access, rectification, cancellation and opposition by sending an email to email@example.com and providing a copy of his national identity document, his passport or other valid identifying document.
KOSTURAS reserves the right of modifying this Disclaimer in order to bring it into line with any new provision in law or jurisprudence in force at the precise moment the User accesses this website & blog.
We may collect information about your computer, including your IP address, operating system and type of browser, for system administration purposes. This is statistical data about how you browse our website. For the same reason, we may also collect information about your general use of the Internet through cookies or small text files stored in the hard drive of your computer. Cookies contain information which is transferred to your computer’s hard drive. Cookies help us enhance our website and provide a better and more personalized service. Particularly, cookies allow us:
1. To estimate numbers and usage patterns.
2. To store information about your preferences and personalize our website according to your individual interests.
3. To speed up your searches.
4. To recognise you when you visit our website again.
You may refuse to accept cookies by activating the configuration on your browser which enables you to reject cookies. However, if this configuration is selected, you may not be able to access certain parts of this website or to take advantage of some of our services. Unless you have set up your browser configuration to reject cookies, our system will produce them when you access our website.
Blog Comments Policy
KOSTURAS reserves the right to edit or delete any comments submitted to this blog without notice due to;
1. Comments deemed to be spam or questionable spam
2. Comments including profanity
3. Comments containing language or concepts that could be deemed offensive
4. Comments that attack a person individually
Terms And Conditions Of Use
All content provided on KOSTURAS blog is for informational purposes only. KOSTURAS makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site.
KOSTURAS will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.
This terms and conditions is subject to change at anytime with or without notice.
These Terms & Conditions and the entire document to which they expressly refer form the entire agreement between you and us with relation to the contract and they supersede any prior agreement, understanding or arrangement between you and us, whether oral or written.
You and we acknowledge to have agreed to enter into this agreement without reliance on any statement or promise made by the other party, or that could be inferred from any statement in the negotiations between the two prior to said contract, except that which is expressly referred to in these Terms & Conditions.
Neither you nor us shall have any remedy against any false statement made by the other party, whether oral or written, prior to the date of the contract (unless said false statement has been made fraudulently) and the only remedy available to the injured party will be if there is a breach of contract not in accordance with these Terms & Conditions.
Comments and suggestions
Your comments and suggestions are very welcome. We request that you send said comments and suggestions via our email address firstname.lastname@example.org.