These Sales Conditions (hereinafter, "Conditions") are intended to regulate the acquisition of Kimet Sport S.L. products by any user, whether or not they belong to an organization or entity (hereinafter, the "Customer"), through the online store (hereinafter, "Website").
Kimet Sport S.L. is a commercial company and, consequently, with regard to sales made through its portal or by other means, it complies with the commercial laws and regulations and consumer rights in force at all times.
These General Conditions will apply to all Products. However, the different types of Products may have Particular Conditions attached to them, which, in case of discrepancy, will prevail over these.
The website is owned by Kimet Sport S.L., with CIF: B95643466, registered in the Mercantile Registry of Bizkaia, folio 73, volume 5200, sheet BI-58214. Said company is domiciled at Uribitarte Street 6, 1st - 48001 Bizkaia.
Kimet Sport S.L. reserves the right to modify at any time the characteristics of the commercial offers presented on the Website.
Kimet Sport S.L. offers commercial information truthfully. This information, on some occasion, could contain a typographical error. In this case, beyond our control at all times, it will be corrected immediately. If the typographical error occurred in any of the prices of our products and a customer had made a purchase decision based on said error, Kimet Sport S.L. will immediately communicate it to them and the customer will optionally have the right to cancel their purchase without any cost on their part.
The prices of the products displayed on the Website include the Value Added Tax (VAT) that, where appropriate, is applicable. Purchases made within the territory of any of the member states of the European Union will be subject to VAT. Purchases that must be delivered in territories of non-member States of the European Union, the Canary Islands, Ceuta or Melilla will be exempt from VAT.
For "online" purchases in the website store, payment will be accepted through bank cards and Paypal.
All online payment operations are carried out through a secure server, based on the SSL standard that protects data against attempts at violation by third parties. The data of the purchase process is stored in a database designed for this purpose.
By accepting the General Sales Conditions, you expressly authorize us to issue the invoice in electronic format, although you may indicate to us at any time your wish to receive an invoice in paper format, in which case, we will issue and send the invoice in said format.
Kimet Sport S.L. will make the contracted service available to the customer once the purchase process is completed. On the same purchase form, you will be able to know, before confirming your order, the total cost of the contracted service.
The customer of Kimet Sport S.L. agrees at all times to provide truthful information about the data requested in the user registration or order placement forms, and to keep them updated at all times.
The customer agrees to accept all the provisions and conditions contained herein, understanding that they reflect the best possible service will for the type of activity carried out by Kimet Sport S.L.
Kimet Sport S.L. establishes availability for the products offered on its Website.
This situation could result in some cases where we cannot meet the deadlines that are generally established for each type of product. In the case of variations in delivery times, we will communicate it to our customers so that they can decide on maintaining or withdrawing their order.
Withdrawal: in general, the customer may have a withdrawal period of 14 calendar days from the contracting of their order, depending on the product and depending on the type of product or service contracted.
The customer will communicate to Kimet Sport S.L., within the stipulated period and by any means admitted by law, their desire to exercise the right of withdrawal.
This right may be exercised through the contact provided on our website.
"Intellectual and Industrial Property Rights" are understood to be all rights recognized by any applicable intellectual property regulations, without limitation: copyright, related or connected rights, sui generis right over databases, trademarks, patents, utility models, industrial designs and domain names, know-how... that are registered, requested or unregistered, and including in any case the power to request the appropriate registrations and registrations for obtaining or protecting these rights.
Kimet Sport S.L. owns the intellectual and industrial property rights and exploitation or has assigned all of said rights that fall on the Product, content, data and elements -texts, images, graphics, icons, graphic design, menus, HTML code. ActiveX controls ...- that integrate or may be derived from it. Which are protected by the laws of Spain, as well as by applicable international legislation. This license does not confer on the Customer any intellectual property rights over the Products acquired. beyond the right to use it in the terms established herein.
The reproduction of the Products, their distribution, public communication and transformation, exploitation (especially commercial or industrial) assignment, rental, sale, loan, making corrections, extractions and/or reuse or the exercise of any other intellectual or industrial property rights over them that have not been expressly conferred by Kimet Sport S.L. in writing is expressly prohibited.
The Customer agrees, among others, not to:
The customer acknowledges that the information and the product to which they access may be protected by industrial, intellectual or other property rights, owned by Kimet Sport S.L. or by third parties. Kimet Sport S.L. will not be responsible in any case and under no circumstances for infringements of such rights that may be committed by the customer through the service object of this contract.
The Customer acknowledges that Kimet Sport S.L. has the power to develop new programs and applications that take the product as a base and to license them to third parties, including licensing to third parties who are competitors of the licensee.
In the event that the use of the Product (or parts thereof) was the cause of litigation or legal action for alleged violation of the rights of third parties and such use could produce such violation, Kimet Sport S.L., on its own initiative and at its expense, may choose to make the necessary modifications or changes so that the Customer can continue to use the Product (or parts thereof), replace it with software of equivalent functionality and effectiveness that does not infringe the rights of third parties, or compensate the Customer for the termination of the use of the Product (or part thereof).
Your personal data will be processed by Kimet Sport S.L. for the purpose of carrying out the management of the requested order and the maintenance and fulfillment of these contractual conditions, as well as providing you with information about offers and new products of interest for your academic or professional activity. Your data may be communicated to the Tax Administration and to the banking, auditing and courier entities necessary to carry out said management.
The processing of your data is legitimized in the contract that you formalize with Kimet Sport S.L. when requesting the corresponding order or course and is essential for the provision of the service. Your data will be kept for the periods established by current legislation. The basis that legitimizes the processing of your data to provide you with information is the legitimate interest of Kimet Sport S.L. based on the reasonable expectations of the customer to receive such communications. You can freely oppose receiving these commercial communications without this conditioning the contractual or professional relationships you maintain with Kimet Sport S.L.
You can exercise your rights of access, rectification, deletion, opposition, not to be subject to automated individual decisions, portability and limitation of the processing of your data by contacting Kimet Sport S.L. whose contact details you can find in the privacy policy section of this website.
The Products and Services are delivered, without any additional warranty, express or implied, regarding their operation, marketability or suitability for specific purposes, accuracy, omissions, completeness, updates and delays
Kimet Sport S.L. declares that it has adopted the necessary measures, within its possibilities, to guarantee the operation of the Product and avoid the existence and transmission of harmful components to the computer systems of users
Kimet Sport S.L. excludes any liability for the opinions reflected by its authors-collaborators, or for possible violations of property rights attributable to them, as well as for damages of any nature that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the contents or results, transmitted, disseminated, stored, made available, received, obtained or accessed through the contracted service. Nor for the contents and services provided or offered by third parties or entities.
Kimet Sport S.L. does not guarantee or take responsibility for: (i) the absence of harmful components in the Product or on the server that supplies it; (ii) the invulnerability of the Product and/or the impregnability of the security measures adopted in it; (iii) the lack of performance of the Product; (iv) Product failures caused by any type of attack on the servers of third-party service providers of Kimet Sport S.L. as well as technical or security failures of the system of any of said providers that prevent the operation of the Product; (v) any technical failure of any type that hinders, delays or prevents the correct operation of the Product, and (vi) the computer and/or telecommunications system that are used by the Customer, modem, router, connection software, navigation software, Applets, ActiveX controls and browser plugins, viruses or malfunctions of the same, and the consequences that derive from this, (vii) the interruption or improper display of the Product and/or files or contents as a consequence of the malfunction of networks, switched telephone network, fiber, ADSL, ISDN, frame relay, cable, satellite; (viii) damages or harm caused, to himself or to a third party, by any person who violated the conditions, rules and instructions established in the Product or through the violation of its security systems; (ix) any type of claims derived from the license or its execution of the Products and (x) the usefulness of the information and/or services of the Product.
Kimet Sport S.L. will not be responsible for any damage, expense or harm, whether special, direct or indirect (including, for information purposes, but not limited to: loss of profits, loss of business, market reputation or other similar that may cause the other party.
The maximum liability of Kimet Sport S.L., regarding the contracted service, will be limited to the price paid by the Customer for said service during the last year, unless the existence of fraud or gross negligence on the part of Kimet Sport S.L. is established.
The Customer guarantees compliance with all the commitments they assume, and will hold Kimet Sport S.L. harmless in the event of any judicial or extrajudicial claim by third parties for any cause related to the rights and obligations arising from the Conditions, and will assume at all times the correct execution of these, responding for it before Kimet Sport S.L. and before third parties.
The Customer agrees to indemnify, hold harmless and defend without limitation Kimet Sport S.L., its affiliates, directors, shareholders, officers, licensees, employees and agents against any legal claim, charges, damages, costs, expenses, liabilities and losses, including reasonable attorney fees, arising from the Customer's use of the Products and the content they upload and/or breach of any of the obligations contained in these Conditions. Such indemnification extends to any of the individuals who are related to the Customer's account.
Entirety. These Conditions constitute the total agreement of the parties, in relation to their content, canceling all previous negotiations, commitments and writings.
Headings. The headings of the different clauses are only informative, and will not affect, qualify or expand the interpretation of these General Conditions.
Assignment. The Customer may not assign, transfer or sublet to any natural or legal person the rights and obligations that correspond to them without the express written authorization of the other Party, any act carried out without said authorization being null.
Force Majeure. The breach of obligations will not be attributable to the party if such breach is due, despite due diligence of the party, to causes of force majeure such as wars, revolutions, public disorders, strikes, natural disasters, fires or explosions and, in general, to any event, independent of the will of the parties, which meets the circumstances of unpredictability, irresistibility and externality. In the event that the duration of such causes is greater than one month, either party will be entitled to terminate the Contract.
Severability. In the event that any or some of its clauses become invalid, illegal or unenforceable by virtue of any legal norm, they will be considered ineffective to the extent that corresponds, but otherwise, this Contract will retain its validity.
Waiver. The non-exercise or execution by Kimet Sport S.L. of any right or provision contained in these General Conditions will not constitute a waiver thereof, except for acknowledgment and agreement in writing on its part.
The sales made on this website are subject to Spanish legislation.
For the resolution of any discrepancy arising from the interpretation and/or execution of these conditions, the parties submit to the jurisdiction of the corresponding Spanish Courts and Tribunals.
Uribitarte st. 6 GF, 48001, Bilbao, Biscay (Spain)
Phone number: (+34) 628 219 185
E-mail: [email protected]
Customer service hours:
Mon-Fri, from 9:00 a.m. to 1:00 p.m. (CET)