1. PURPOSE AND GENERAL ASPECTS

These Terms and Conditions of Use (hereinafter referred to as the “Terms and Conditions”), together with other specific conditions that may be established, concern the website https://www.komoshi.com (hereinafter referred to as the “Website”) as well as the terms and conditions for purchasing products through it.

The Website is owned by Gerard Sisquella with NIF 36523971Vwith the address Puerto Principe 12 2o1a 08027 Barcelona. (Hereinafter referred to as “KOMOSHI”).

Use of the Website’s services as well as acquisition of any of the products offered, implies unreserved acceptance by the Customer or User of each and every one of these Terms and Conditions. Registration on the Website and use of the services implies that your User data will be recorded in KOMOSHI’s files and processed in accordance with that set forth in the Privacy Policy, which the User expressly states that he/she is aware of and accepts.

KOMOSHI provides information about products and offers the possibility of acquiring them through the Website. People who wish to acquire products must fill in the respective registration form prior to carrying out the purchase process and must follow the steps that KOMOSHI indicates on the Website.

These Terms and Conditions, together with the Website’s Privacy Policy and Legal Notice, are the only conditions that apply to use of the Website and purchasing of the products through it and replace any other terms and conditions. Consequently, the User who accesses the Website, registers and purchases products through the Website agrees to submit to and is bound by the Terms and Conditions, the Privacy Policy and the Legal Notice as worded at the time he/she accesses the Website.

Any User who registers on the Website must be at least eighteen (18) years old.

2. PRODUCT INFORMATION

The purpose of the photographs, graphical or iconographic or representations and videos concerning KOMOSHI products, as well as trade names, trademarks or distinctive signs of any kind on the Website is to provide greater information. However, the User must take into account that they are intended to be illustrative and, consequently, are not exhaustive in nature.

KOMOSHI reserves the right to decide, at any time, on the products offered to Users through the Website. KOMOSHI may thus, at any time, add new products to those included on the Website, on the understanding, unless otherwise stipulated, that such new products shall be governed by that set forth in the terms and conditions in force at that time.

KOMOSHI similarly reserves the right to cease to allow access, at any time and without notice, to any of the products offered on the Website.

If, due to force majeure, a product is not available after the purchase was made, KOMOSHI shall inform the User by e-mail that the order has been cancelled in whole or in part. Partial cancellation of the order does not entitle the User to cancel the entire order, notwithstanding the right of withdrawal that the User holds in accordance with that set forth in these Terms and Conditions.

3. PURCHASING SYSTEM

In order to purchase the product, the User, who must be at least eighteen (18) years old, must select the product he/she wishes to buy and add it to the Cart. Once the products to be purchased have been selected, the User must click on the “Checkout” icon. The User will then be shown the products selected for purchase and the User must make a selection from among the options available for products to be sent to the stated address and the form of payment. Lastly, the User must click on the “Place order now” icon.

The data that KOMOSHI is provided with through the relevant form are identification details that allow access to and performance of purchasing; they are personal and non-transferable.

4. DELIVERY PERIOD

Deliveries to (mainland) Spain and Portugal take approximately 2 to 5 working days (Monday to Friday) once payment by the Customer has been confirmed. International deliveries tend to take 4 to 10 working days (Monday to Friday), depending on the destination and the transport company selected. Once the package has been handed over to the courier service, the Customer will receive an SMS or e-mail containing the tracking number. We accept no responsibility for any delivery delays caused by the courier service.

5. FORM OF PAYMENT

The forms of payment accepted by KOMOSHI Shop are:

1. CREDIT CARD by Stripe TPV integrated on our site.

6. DELIVERY CHARGES

– Deliveries to SOUTHERN EUROPE *: 10€ (Spain, Germany, Belgium,  France, Italy, Luxembourg, Netherlands, Portugal, United Kingdom, Switzerland.)

– International deliveries Zone 1: 20€ (Slovakia, Slovenia, Estonia, Finland, Ireland, Lithuania, Romania, Russia, Sweden, Canada.)

– International deliveries Zone 2: 20€ ( China, Iceland, Norway, EEUU, Australia.)

– International deliveries Zone 3: 30€ (Saudi Arabia, South Korea, Arab Emirates, Hong Kong, India, Israel, Japan, Malaysia, Qatar, Singapure, Taiwan, Turkey,Ukraine, New Zeland.)

Customs duties are payable by the customer.

7. OTHER PURCHASING DETAILS

1. Deliveries are performed by a courier service.

2. Delivery charges always include Value Added Tax (VAT) but no other tax, rate, duty or surcharge.

3. Articles will be delivered to the home address stated by the Customer during the order process, which must be in the delivery areas listed above.

4. KOMOSHI Shop hands orders over to the courier service within a maximum of 48 hours. We accept no responsibility for any delivery delays caused by the courier service.

8. RETURNS

If the customer has changed his/her mind or is not satisfied with his/her purchase, the Customer may return it within 14 calendar days from the date on which he/she received the products. In order to do so, please contact us in writing by sending an e-mail to info@komoshi.com, stating the necessary details to track down your purchase. When we receive your e-mail, we will notify you, by e-mail, that we have received it and tell you how to proceed. In this case, you must return the product in perfect condition and no more than 14 calendar days after receiving the products. In these cases, KOMOSHI will reimburse the entire cost of the original purchase. However, the customer bears the direct cost of returning the products.

9. WARRANTY

All of our products have a two-year (2-year) warranty when the damage or defect is attributable to us. So, if the product is defective, KOMOSHI will pick it up and exchange it for the correct one and will bear the costs of returning and exchanging it (except for additional costs resulting from choosing express delivery, in which case the Customer will bear that extra cost). In order to handle the incident, we need you to report it by e-mail to info@komoshi.com, stating the reason for the incident, the order number (this is essential in order to locate the purchase), the delivery note and photos of the damaged or incorrect products so we can assess the situation. You must have the receipt or delivery note in order to exercise the warranty right.

Once we have received this information, we will contact the Customer to say which steps to take. You must inform us of the product’s non-conformity within two (2) months of becoming aware of the defect. If it is not objectively possible to replace the product with another of the same kind, KOMOSHI replace the product with another new model of the same kind.

It is important for you to know that our warranty does not cover:

a) Negligent or violent use of the product.

b) Injuries arising from manipulation or alteration of the product.

Furthermore, it is also important always to follow any usage or installation instructions for the products we supply. If in doubt, you must contact us by e-mail at info@komoshi.com so we can give you advice on how to use the product.

10. TAXES

Prices always include Value Added Tax (VAT) but no other tax, rate, duty or surcharge.

11. PRICES

The products shall be sold at the price stated. The price that will apply is that stated when the order is confirmed by the Customer.

12. VALIDITY

KOMOSHI shop reserves the right to modify prices, articles, offers and other commercial conditions without prior notice.

13. WAIVER

Failure by KOMOSHI to demand strict performance by the User of any of the obligations undertaken by the User under an agreement or in these Terms and Conditions or failure by KOMOSHI to exercise rights or actions it is entitled to under said agreement or the Terms and Conditions will not imply a waiver or any limitation whatsoever in relation to said rights or actions or exempt the User from complying with such obligations. No waiver by KOMOSHI of a specific right or action will imply a waiver of other rights or actions arising from an agreement or the Terms and Conditions. No waiver by KOMOSHI of any of these Terms and Conditions or the rights or actions arising from an agreement will take effect unless it is expressly stated that it is a waiver and the User is formally notified thereof in writing.

14. MODIFYING TERMS AND CONDITIONS

KOMOSHI reserves the right to review and modify these Terms and Conditions at any time. The User is subject to the policies and Terms and Conditions in force at the time he/she uses the webpage or places each order, unless by law or a decision by a government body, KOMOSHI must make changes to the Terms and Conditions retroactively, in which case any changes would also affect orders that the User placed beforehand.

15. COMPLAINTS, COMMENTS AND SUGGESTIONS

We have a complaints sheet available to customers, which can be requested by writing to info@komoshi.com.

Likewise, any question, suggestion or comment may be sent to our Customer Service department by e-mail to info@komoshi.com.

16. USE OF THE WEBSITE

The Customer undertakes to make use of this webpage solely in order to browse or place orders in a manner that is legally valid and not to place any false or fraudulent orders. Otherwise we will be authorized to cancel it and inform the appropriate authorities.

The User must not make any prohibited use of this website, meaning, inter alia, intentionally introducing viruses, Trojans or any other technologically damaging material.

We will not be responsible for any damage or loss that may affect your computer as a consequence of such actions or using this webpage or downloading content from it or pages it links to.

17. LINKS TO OTHER WEBPAGES

Our website may contain links to other webpages, social networks and third-party materials. These links are provided merely for informative purposes and KOMOSHI has no control over the contents of such webpages or materials. Consequently, KOMOSHI accepts no liability for any damages or losses arising from the use of such links or third-party materials.

18. LIABILITY

KOMOSHI accepts no liability for delays in deliveries of orders or the impossibility of performing them that is due to force majeure and, therefore, is outside of our control. Among other reasons, we consider force majeure to apply in cases such as but not limited to the following: accidents; strikes; riots; terrorist threats or attacks; fire or explosions; meteorological causes or natural disasters such as storms, flooding, earthquake, subsidence and epidemics; problems outside of our control concerning means of transport or telecommunication systems. Insofar as possible, once the cause of the impossibility or delay in delivery has come to an end, KOMOSHI will do everything possible to resume its commercial business and comply with its obligations and shipments.

19. DATA PROTECTION

When you purchase products or visit our website from your computer, your tablet or your smartphone, you may authorize us to use your personal information. All information you provide us with is confidential. For the purpose of Organic Law 15/1999 of 13 December on the Protection of Personal Data [Ley Orgánica 15/1999 de 13 de diciembre de Protección de Datos de Carácter Personal] (LOPD), KOMOSHI is the data controller responsible for gathering such information. We will process your data in accordance with that set forth in the LOPD and other applicable laws. We guarantee that the information is gathered using all necessary security measures. If you have any questions about this policy or about the privacy of your data, please read the Legal Notice section, where you will find more detailed information, or you can contact us at the e-mail address info@komoshi.com.

20. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be governed and construed in accordance with Spanish law. If there is any kind of disagreement or complaint between the parties concerning the performance or contents of these Terms and Conditions, the parties agree to have the matter decided by the competent courts and tribunals of the city of Barcelona.

Last update: July 2019