GENERAL CONDITIONS, LEGAL TERMS

06/11/2022

These general contracting conditions regulate the legal relationship that emanates from the contracting processes carried out between clients or users of the website located at the URL https://www.kcps.es/ owned by the owner of the website. The Clients of the OWNER OF THE WEB who go to the store of the OWNER OF THE WEB, register or buy, are users for these general conditions.

Users accept the General Conditions from the moment they register on this website, use or contract a service or purchase any product, either through the website or through KRADA stores. This document can be printed and stored by Users. The OWNER OF THE WEB makes available to users the e-mail address that appears in these General Conditions of Contract, so that they can raise any questions about the General Conditions.

The WEBSITE OWNER or vendor or service provider is:

Trade name or brand: KRADA

Company name: KRADA CPS INDUSTRY, S.L.

NIF: ES-B10681773

Registered office and contact details: C/. DELS SEDERS 18, 46290 ALCÀSSER (VALENCIA)

Contact e-mail: [email protected]

The USER of the website will be a visiting or registered user, a user or client who orders a service or buys a product.

1.           Applicable laws

These General Conditions are subject to Spanish legislation, to the provisions of Law 7/1998 of April 13, on General Contract Conditions, in Royal Legislative Decree 1/2007, of November 16, by which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, Regulation (EU) 2016/679, European Data Protection, Organic Law 3/2018, of December 5, Protection of Personal Data, Law 7/1996, of January 15, on the Regulation of Retail Trade, Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, Civil Code and any other European, state or regional regulation that may be applicable, such as Royal Decree 58/1998, of January 29, on the protection of consumer rights in the repair service for household appliances.

2 Rules. Knowledge, acceptance and modification.

These Rules are general contracting conditions and define the rights and obligations of the parties: THE WEBSITE OWNER and the USER.

The USER declares that he knows and accepts them, agreeing that they represent the totality of the agreements between him and THE OWNER OF THE WEB, without the need for another written transcript, considering each Rule separable and independent of the others.

THE OWNER OF THE WEB reserves the right to modify these clauses, without notice, being able to improve, delete or add content and services. The continuity of the USER in the pages will suppose that he consults them and must accept them each time he uses or contracts the service.

In order to achieve accessibility and legibility of these general conditions of the contract, in the event that the recipients have the status of USERS or CLIENTS, the consumer and the user must be allowed to know prior to the conclusion of the contract about its existence and content. The font size of these terms is presented so that, in a normal consumer browser view setting, the font size is 2.5 millimeters or larger, with line spacing 1.15 millimeters or larger. , and the contrast with the background is sufficient to make it easy to read. The user can configure his browser to see the letter in one or another size.

The company OWNER OF THE WEB, which sells its products, is dedicated to the wholesale trade of chemical products, to the sale of these products to companies and occasionally to individuals.

The USER is interested in acquiring the products according to the particular conditions that are part of the contract.

Prior to the conclusion of the contract, KRADA must provide the consumer in a clear and understandable manner, unless it is evident from the context, the relevant, truthful and sufficient information on the main characteristics of the contract, including the characteristics of the guarantees, displaying the prices. Document justifying the contract will be delivered. In the event that the recipient of the sale is a consumer, they have claim forms.

3.           Service's description

3.1 OBJECT OF THE CONTRACT

The object of this contract will be the following:

Sale of chemical products, according to particular conditions.

The services will be provided in the form of online orders through the KRADA website.

Spanish or English will be the languages used to formalize the contract. The electronic document in which the contract is formalized will be filed and the user will have access to it in their client area.

3.2 DURATION

In the case of the sale of products, the term will be the time determined and established in the particular conditions, according to the delivery terms.

3.3 PLACE OF DELIVERY

At the delivery address provided by the user in the case of online orders.

3.4 PRICE

The amount of the sale of the products or services offered or of the repairs will be established in the particular conditions, where the current rates at each moment are specified.

The prices will appear visible in their net price, the applicable VAT and shipping costs, where appropriate, being able to know the total price at all times, through the breakdown of the total price.

Some products may not be priced. This will occur in cases of new or very innovative products and products of low demand, for which price information must be requested. In these cases, instead of the price, the product will be identified with the inscription "On Request".

Payment method: any debit or credit card accepted. There may be other payment methods, according to particular conditions or options in the payment process.

The payment process is encrypted by means of secure protocols (SSL certificate), as established in each case by the gateways of the banking entities.

By clicking "Authorize Payment" or "Pay" you are confirming that the bank card or bank details are yours.

Bank cards will be subject to checks and authorizations by the issuer of these, but if said entity does not authorize the payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.

3.5 USER OBLIGATIONS

The user assumes the following obligations:

1. In the event that it is necessary to register on the website, you must register as a user at https://www.kcps.es/, filling in the personal data required in the application, which includes your tax data to invoice the contracted service. , choosing a strong username and password.
2. Pay for the contracted services.
3. Pay the expenses originated by the payment method chosen by the user.

3.6 BUDGET

Obtaining the budget: The client has the right to a previous budget that will be delivered in writing.

3.7 WARRANTY

In the event that the recipient is a consumer, the legal guarantee of the goods purchased new will be 3 years.

In case the addressee is not a consumer, the guarantee offered is six months.

To use the guarantee you must request it with the ticket or purchase invoice.

Regarding the Official Manufacturer's Warranty, KRADA acts as an entity authorized by the manufacturer to carry out repairs within the warranty, in the event that a user contacts KRADA for the repair of a device under warranty.

The brands with which KRADA has agreements for this type of warranty repairs may vary, being informed by the manufacturers about the places where they can repair devices under warranty.

The conditions of the repairs of the devices under warranty are given by each manufacturer, the user has received them at the time of purchase or can request them from the manufacturer.

A deposit receipt will be delivered in the event that KRADA accepts products under warranty to be repaired..

3.8 RETURN POLICY

If you are not satisfied with the purchased product, the deadline to return or change your online order or purchases made in our KRADA stores is 15 calendar days from the time of purchase. Upon presentation of the purchase invoice and your DNI or identity document, you can request the exchange for another product or the refund of the money.

The product must be presented in perfect condition, as purchased, with the original packaging in perfect condition, and with all its accessories.

Products received without their original packaging in perfect condition will not be accepted.

3.9 ALTERNATIVE CONSUMER DISPUTE RESOLUTION

In case of sale of products to a consumer, a link is included on this website that allows identifiable and easy access to the online dispute resolution platform of the European Union referred to in Regulation (EU) 524/ 2013 of the European Parliament and of the Council, of May 21, 2013.

https://ec.europa.eu/consumers/odr/main/?event=main.home.selfTest

1. Copyright, intellectual property and publicity

 THE WEBSITE OWNER respects the industrial and intellectual property rights of third parties.

The OWNER OF THE WEBSITE informs the user of the service that it is possible that the material accessible on the website is subject to intellectual and industrial property, as the case may be, that it is the property of the OWNER OF THE WEBSITE or uses it legitimately, and that any extract or replica for purposes other than those agreed in the service must be previously and expressly authorized.

The contract does not imply the assignment or transmission of the industrial or intellectual property rights of said material, which are not granted together with the contract.

It is forbidden to reproduce, copy, publicly communicate, distribute or modify elements accessible through the web or violate rights that are subject to protection unless you have the prior and express authorization of the owner of the rights. The total or partial reproduction of the content on the sites of the OWNER OF THE WEB is prohibited.

 4.Information, right of withdrawal in the case of consumers and communications before and after contracting.

 The OWNER OF THE WEB provides in any case clear and exact information about the prices of the products or services offered, expressly informing whether or not the applicable taxes are included in the price and whether or not there are shipping costs, which can be broken down into the particular conditions of your order.

Prior to contracting, the WEBSITE OWNER has informed the USER about the different procedures that must be followed to conclude the contract, that the company will file the electronic document so that it is accessible to the USER, about the technical means made available to the USER to identify and correct errors in data entry and about the language or languages ​​in which the contract may be formalized.

The OWNER OF THE WEB confirms the reception of the acceptance to the USER through a sending to his email after the contracting, including an email confirming the activation of the account. The content of the email, in the case of consumers, incorporates written information on the conditions and modalities of exercising the rights of withdrawal and resolution and the withdrawal and revocation document, where appropriate. The right of withdrawal applies only in the case of online purchases or orders carried out by natural persons who have the status of consumers.

Both the receipt of the payment and the membership or registration of the user is confirmed by means of an email notification that the user has indicated when generating the access account. By email, the user is provided with a link so that, after registering, they can update their password.

In the event that a consumer acquires digital content together with the product that is not provided on a material support, such as an application, software, data backup, data erasure or any other that may be provided in the future, The right of withdrawal will be lost if the following circumstances occur:

1. a) That the execution of the contract has begun.
2. b) That this execution has the express consent of the consumer and user.
3. c) That the consumer is aware that with the beginning of the execution he loses the right of withdrawal.

Therefore, in these cases in which the material acquired by a consumer is in digital format and in accordance with the exception contained in letter m of article 103 of the General Law for the Defense of Consumers and Users, the right of withdrawal will be lost. When the buyer of a software, app or online service or material subject to download or use or online consultation or access has proceeded to start downloading/consulting/accessing/using it by clicking on the link or button intended for this purpose. If you have not started the download/consultation/access/use of the product or service, the user may withdraw from the contract within a period of 14 calendar days following the contract.

In the case of the provision of services, the user is informed that once they have accepted these conditions by checking the box, the service has begun to be executed by the OWNER OF THE WEB, for example also in cases where that the user uses the Services to back up or erase data, in the event that it is done remotely, which means that the user has given their express, informed and unequivocal consent by checking the acceptance box. Consequently, in these cases in which the service has begun to be executed, the service has already begun to be provided and, therefore, the right of withdrawal no longer applies.

Term to exercise the right of withdrawal: 14 calendar days from the receipt of the merchandise (delivery) or from the contracting of the service. The products must be returned in perfect condition, in the same conditions in which they were received, without marks, damage, or wear, and in their original and complete packaging.

They are excluded from the right of withdrawal:

1. The provision of services, once the service has been fully executed.
2. The supply of goods or provision of services made according to the Client's specifications or clearly personalized.
3. The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
4. The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the Customer after delivery.
5. The provision of digital content (which is not provided on a material support) when the execution has already begun. The Client expressly knows that once the digital download has begun, he will lose the right of withdrawal.
6. Any other good or service covered by art. 103 of RDL 1/2007, of November 16.

Return costs in case of withdrawal: the user will bear the direct costs of returning the goods on which he exercises the right of withdrawal, in the case of goods delivered remotely. In the event that the user, in remote delivery mode, has expressly selected a delivery method other than the least expensive method of ordinary delivery, the WEBSITE OWNER is not obliged to return the additional costs derived from it.

Application of the right of withdrawal: only to users who have the status of consumers.

The OWNER OF THE WEB will offer in the particular conditions information on applicable taxes, after-sales services, applicable taxes, shipping or transport costs and existing guarantees according to applicable legislation, where appropriate. In general, the prices with taxes and shipping costs are included in the particular conditions. Shipping costs and taxes can be viewed itemized.

5. Data protection regulations.

In the Privacy Policy and Cookies Policy of the website, data protection information is collected in a general way for the user of the website who has not registered or who requests information about products or services.

At the time a user registers on the website or places an online order, the following regulations on data protection apply.

6.1 Security measures

 The personal data of the user will be processed for the purposes of the contract, in accordance with the provisions of current legislation on the protection of personal data, as provided in this contract.

The personal data of the treatments will not be transmitted or communicated to third parties under any circumstances, except for express and written instructions.

The people who are part of the structure and as human resources of KRADA have been authorized by it to process personal data, have expressly and in writing committed to respect confidentiality rules and comply with the security measures corresponding to their functions, of which they have been informed in writing.

The appropriate technical and organizational security measures will be adopted and maintained to ensure that the data is treated properly, preventing unauthorized access, and to guarantee the rights of the affected persons, as established in Art. 32 of the RGPD, and must establish, where appropriate, the following measures, among others:

1. pseudonymization and encryption of personal data;
2. the capacity to guarantee the confidentiality, integrity, availability and permanent resilience of treatment systems and services;
3. the ability to restore the availability and access to personal data quickly in the event of a physical or technical incident;
4. have established a process of regular verification, evaluation and assessment of the efficiency of the technical and organizational measures to guarantee the security of the treatment;
5. other security measures adopted through your proactive responsibility taking into account the personal data processed.

In particular and where appropriate, the WEBSITE OWNER guarantees that the personal data that it integrates into its treatment systems, those it stores, or those it processes in automated media, will be stored on its own servers or, where appropriate, the from its subcontractors, and accessible via its own secure Internet access. Servers or data hosting equipment are:

1. Insurance, in accordance with the requirements of the RGPD
2. Located in the European Union

Security of the information of the user's equipment.

Backup: In case of requesting any repair or warranty service and the product contains some type of software or memory, it is the responsibility of the user or client to have made a backup copy of their information, prior to the delivery of the equipment to KRADA , who informs the client that it is not responsible for the information in any case, since it is possible that it must be formatted or manipulated if this is necessary for the diagnosis or resolution of the fault..

6.2 Information on data protection and rights.

The WEBSITE OWNER or data controller informs the user of the following:

Data controller:

KRADA CPS INDUSTRY, S.L.

Address for the exercise of rights: C/. SORNÍ 12, PUERTA 12, 46004 VALENCIA (SPAIN)

E-mail of exercise of rights: [email protected]

Purposes of the treatment: user registration or registration, compliance, development and control of the contract. Remission of commercial or promotional communications.

 Legal basis: the contract and the consent, as long as it is granted, and it will be revocable at any time. Compliance with legal obligations. In the case of contact persons of legal entities, the basis of the treatment will be the legitimate interest.

 Recipients: The data may be transferred to the tax administration to comply with legal obligations. They can be transferred to banking entities, to be able to manage the collections.

 Conservation period: in the case of the contract, during the period in which claims can be filed, during the prescription periods. In the case of consent, until its revocation or exercise of the right of opposition.

 Rights: The exercise of access rights, including the right to obtain a copy of the personal data subject to treatment, rectification, opposition, deletion or deletion, as the case may be, portability and limitation of treatment, may be exercised by the interested person by means of a written request, accompanied by an official identification document, addressed to the address that appears in this contract or to [email protected], and may go to file claims with the Spanish Data Protection Agency.

Other information on data protection accessible in the Privacy Policy of https://www.kcps.es/

Model form for the exercise of the right of withdrawal (in case of consumers):

(You should only complete and submit this form if you are a consumer and wish to withdraw from the contract)

For the attention of:

KRADA CPS INDUSTRY, S.L. (KRADA)

C/. SORNÍ 12, PUERTA 12, 46004 VALENCIA (SPAIN)

I/we hereby inform you that I withdraw from my/we withdraw from our (*) contract for the sale of the following good/provision of the following service (*)

Order number, date the order was placed (*)

Name and type of product (brand-model-reference) or service (*)

Consumer name (*)

Address of the consumer (*)

Copy of ID (*)

Consumer's signature (only if this form is submitted on paper) (*)

Date (*)