General terms and conditions of sale

PURCHASE PROCESS

1. The purchase process is as follows:

   1. Log in with your user information.

   2. Select the products.

   3. Processing the order: Once you have selected the products you wish to purchase, please do the following:

      • If you are not a registered user, fill out a form with your information (name and surname, email address, cell phone number, postal address, and delivery address if different).

      • Choose the payment method.

      • Accept these terms and conditions.

   4. Proceed to pay. You must enter the details relating to the chosen payment method.

   5. Order confirmation. When the order is confirmed, the purchase process is finished and you will be charged for the selected products.

2. By clicking on the button “BUY”, you accept to pay the price of the selected products.

3. Once the purchase process has finished, you will be sent a confirmation email to the email address provided with the order details. The invoice will be sent to you by email and delivered with the product.

4. Please bear in mind that orders paid by bank transfer will be sent when we receive payment in full for the product. Therefore, we suggest that you transfer the purchase price immediately after receiving the order confirmation, and always within the following seven (7) days.

5. If any of our products are out of stock, we will endeavor to notify users about this on the WWebsite as soon as possible. If the product is not available, we will reimburse you with any payment you have made as quickly as possible.

PRICES AND SHIPPING CONDITIONS

1. The price of the goods is that which is indicated on the Website at the moment the purchase is made. In international website currency is always in USD, United kingdom in Pounds and Euros in Europe. The prices indicated are the final prices (total), i.e.; they include statutory VAT and any other applicable tax.

2. Prices do not include shipping costs which will be added to the total cost. You must pay the shipping costs. We will inform you of the total cost of your purchase (shipping costs included) before you have completed it.

3. The price also does not include customs charges which may apply depending on the delivery destination.

4. The payment methods available are: Visa, Mastercard, Maestro International, American Express, Paypal, MoneyBookers, SMS and IVR, Paysafecard, Neteller and bank transfers.

5.  

6. To make your online shopping experience as easy and as secure as possible, we offer the following payment methods, among others:

   • Visa

   • Mastercard / Eurocard

   • American Express

   • Paypal

   • Oney

   

   Moreover, during the purchase process it may be the case that we offer you the possibility of financing your purchases through third parties which have been authorized for doing so by the competent authorities. In these cases, KIMOA relies on 3x4 Oney to provide these services. For further information in this regard, please, refer to section “DEFERRED PAYMENTS” of our Website.

   Pay by credit card.

   We guarantee that all payments made on our Website are secure using SSL, a system that uses encryption technology to hide and protect your credit card information.

   Pay through PayPal.

   You can select Paypal as your payment method when completing the purchase.

   If you do not have a PayPal account, you can create one on the PayPal homepage before completing your purchase.

   Once you have confirmed the details of your order and clicked on SECURE PURCHASE, the PayPal homepage will automatically open, where you can make the payment.

   Our online shop only uses secure servers with GlobalSign certificates.

7. Your account will be charged as soon as you complete the purchase.

8. The product will remain our property until the full purchase price has been paid.

9. Las condiciones de los envíos dependerán del lugar de entrega del mismo:

   SHIPPING AND HANDLING

   Shipping conditions will depend on the place of delivery:

   	Destination	Method	Cost	Time scale
   EUROPE	SPAIN (Penínsular, Balearic Islands)	STANDARD	€4.99 FREE OVER 50,00 €	48-72 hours
   		EXPRESS only peninsular Spain	€7.99	48 hours
   	SPAIN (Canary, Ceuta, Melilla)	STANDARD	€7.99 FREE OVER 50 €	48-72 hours
   	EUROPE ZONA 1: PORTUGAL, ANDORRA, BELGIUM, SWITZERLAND, GERMANY, FRANCE, FINLAND, GIBRALTAR, HUNGARY, ITALY, LITHUANIA, LUXEMBOURG, LATVIA, NETHERLANDS, SLOVENIA, SLOVAKIA, BELARUS, GEORGIA	STANDARD	€7.99 FREE OVER 80 €	5-7 Working days
   	EUROPE ZONA 2: IRELAND, LIECHTENSTEIN, ROMANIA	STANDARD	€11.99 FREE OVER 80 €	5-7 Working days
   	EUROPE ZONA 3: AUSTRIA, BOSNIA AND HERZEGOVINA, BULGARIA, CYPRUS, CZECH REPUBLIC, DENMARK, ESTONIA, GREECE, CROATIA, ICELAND, MOLDOVA, MONTENEGRO, MACEDONIA, MALTA, POLAND, SERBIA AND MONTENEGRO, SWEDEN	STANDARD	€14.99 FREE OVER 100 €	5-7 Working days
   	EUROPE ZONA 4: UNITED KINGDOM	STANDARD	&11.99 FREE OVER 80 €	5-7 Working days
   	EUROPE ZONA 5: KAZAKHISTAN	STANDARD	19.99€	10-15 Working days
   INTERNATIONAL	INTERNATIONAL (United States, Canada)	EXPRESS	€39.99 FREE OVER 150 €	5 working days
   	INTERNATIONAL (Resto of the world)	EXPRESS	€49.99 FREE OVER 150 €	5 working days
   Local taxes are not included

   Please note that the estimated delivery time is shown in working days (from Monday to Friday, excluding Saturday, Sundays, and public holidays in the city of Madrid). These delivery times are subject to product availability. If a product is out of stock, Kimoa will contact you to inform you of the estimated delivery date.

   In the event of a delay, you must notify us so we can comply with our delivery obligation in an adequate additional term according to the circumstances. If Kimoa does not deliver the product in that additional time frame, you have the right to cancel the order.

   The free delivery expense policy for minimun purchases will not be applicable in the case of special-order products (surf boards and skates).

SHIPMENT

1. The product will be delivered to the address that you indicated when placing the order.

2. The delivery times will be the following:

   	Destination	Method	Cost	Time scale
   EUROPE	SPAIN (Penínsular, Balearic Islands)	STANDARD	€4.99 FREE OVER 50,00 €	48-72 hours
   		EXPRESS only peninsular Spain	€7.99	48 hours
   	SPAIN (Canary, Ceuta, Melilla)	STANDARD	€7.99 FREE OVER 50 €	48-72 hours
   	EUROPE ZONA 1: PORTUGAL, ANDORRA, BELGIUM, SWITZERLAND, GERMANY, FRANCE, FINLAND, GIBRALTAR, HUNGARY, ITALY, LITHUANIA, LUXEMBOURG, LATVIA, NETHERLANDS, SLOVENIA, SLOVAKIA, BELARUS, GEORGIA	STANDARD	€7.99 FREE OVER 80 €	5-7 Working days
   	EUROPE ZONA 2: IRELAND, LIECHTENSTEIN, ROMANIA	STANDARD	€11.99 FREE OVER 80 €	5-7 Working days
   	EUROPE ZONA 3: AUSTRIA, BOSNIA AND HERZEGOVINA, BULGARIA, CYPRUS, CZECH REPUBLIC, DENMARK, ESTONIA, GREECE, CROATIA, ICELAND, MOLDOVA, MONTENEGRO, MACEDONIA, MALTA, POLAND, SERBIA AND MONTENEGRO, SWEDEN	STANDARD	€14.99 FREE OVER 100 €	5-7 Working days
   	EUROPE ZONA 4: UNITED KINGDOM	STANDARD	&11.99 FREE OVER 80 €	5-7 Working days
   	EUROPE ZONA 5: KAZAKHISTAN	STANDARD	19.99€	10-15 Working days
   INTERNATIONAL	INTERNATIONAL (United States, Canada)	EXPRESS	€39.99 FREE OVER 150 €	5 working days
   	INTERNATIONAL (Resto of the world)	EXPRESS	€49.99 FREE OVER 150 €	5 working days
   Local taxes are not included

3. Regarding surf boards and skates, the delivery time will be fifteen (15) to twenty (20) working days.

4. Kimoa is not responsible for customs taxes, duties, port fees or other, in excess of what we estimated in your quote. We are not responsible for delivery delays to customs holds and inspections or vessel delays due to conditions beyond our control.

WARRANTY AND LIABILITY

1. KIMOA will take responsibility for any non-conformance that may exist for two (2) years from the moment the product is delivered.

2. If the product you purchased is flawed in any way, you may ask for it to be replaced or to be repaired, assuming the latter is possible and proportioned. Due to the limited number of products, a product may only be replaced while stocks last. If the product cannot be replaced or repaired, you may request a proportional discount or termination of the contract.

3. To contact us for any of these reasons, please send an email to customersupport@kimoa.com stating the specific order and explaining the issue.

RIGHT OF WITHDRAWAL OR RETURNS

1. You have the right to withdraw from this contract within fourteen (14) calendar days starting from the day you, or a third party you indicated, other than the carrier, came into physical possession of the goods, without the need to justify said withdrawal.

2. 5.1 To exercise your right of withdrawal or return, you must notify us through our Customer Support Team at customersupport@kimoa.com or on Whats App +34 674 740 096 (from 9am to 2pm Monday to Friday, Spanish time). Nevertheless, you have the withdrawal form available in the private area for customers.

3. 5.1 Our contact details are:

   Quimoalar S.L.:

   C/Covarrubias 9 2 dcha
   28010, Madrid

4. To comply with the withdrawal period, the notification regarding said withdrawal must be sent before the period expires.

5. In the event that you decide to withdraw from the contract, we will reimburse you with all payments you made to us as part of said contract, including shipping costs (except for any additional costs resulting from your decision to choose a delivery method other than the cheapest ordinary delivery method that we offer on our Website). This will be done promptly, and always no later than fourteen (14) calendar days after the date you informed us of your decision to withdraw from the contract. We will reimburse you using the same payment method used in the initial transaction, unless you clearly state otherwise, and you will not bear any additional expense as a result of the reimbursement.

6. Please return or directly deliver the goods to us at the following address: Nave Shipius C/ Tapiceros 1, Modulo K 28830 San Fernando de Henares, Madrid, Spain. This will be done at your own expense without unreasonable delay, and always within fourteen (14) calendar days from the date on which you notified us of your decision to withdraw from the contract. This deadline will be deemed fulfilled if the goods are returned before said deadline expires.

   For the returned goods to be accepted by Kimoa, they must meet the following requirements:

   1. The product must be returned in perfect condition, and may have only been used to check that it was in good condition and served its purpose.

   2. The product should not be damaged in any way due to inappropriate use.

   3. The product should be in the same condition as when it was delivered, in the original bag, the contents of which should also be the same (stickers, chamois cloths and/or any other elements it contained).

   4. Keeping the original packaging. This is part of the product's price. Therefore, if the product is not returned in its original packaging, (with stickers, chamois cloths and/or any other elements it originally contained), the reimbursement will be reduced.

   If the product is not returned in its original packaging, as indicated above, we reserve the right to deduct the cost of any missing items from the total amount to be reimbursed.

   1. Delivery box: 3€

   2. Any other item that the box contained (stickers, protective case, chamois cleaning cloth, etc.): 3€

   Kimoa reserves the right to reject any returns which do not meet the above requirements. Orders benefiting from a 2 for 1 deal or that included a free gift, should be fully returned including all additional items in order for the reimbursement to be made.

   Once a return has been justifiably rejected and the customer has been notified, the customer will have three (3) months to collect the order from the central facilities, bearing the cost of said collection. If it is not collected in three (3) months, the package will be given to charity.

7. We may withhold the reimbursement until we receive the goods, or until you present us with proof of their return, depending on what occurs sooner. If the goods are damaged, the damages will be deducted from the amount to be returned, depending on the degree of damage.

8. The customer must bear the direct cost of returning the goods. The following page provides a guideline of costs for returning a product: https://kimoa.com/eu_en/right-of-withdrawal-or-returns/.

9. Regarding surf boards and skates, the delivery time will be fifteen (15) to twenty (20) working days.

LEGAL LIABILITY FOR DEFECTS AND ADDITIONAL INFORMATION

1. Our liability for faulty products is governed by the applicable legal provisions.

2. These Terms and Conditions can be found on www.kimoa.com. You can also print or save this document using your browser’s standard commands (normally File -> Save as).

3. You can also easily save your order information by downloading the Terms and Conditions and using the appropriate commands on your browser to save the order summary that appears on the last page of the ordering process on the online shop. Or you can wait to receive automatic confirmation of your order which we will also send you once you have completed your order. The email confirming your order includes your order information and our Terms and Conditions, and can be easily printed or saved with your email.

INTELLECTUAL AND INDUSTRIAL PROPERTY

1. You acknowledge that all components of the Website, the information and material contained therein, brands, designs, logos, icons, buttons, domains, texts, photographs, videos, and the structure, selection, arrangement and presentation of its content, in addition to the computer programs used, are all protected by intellectual or industrial property rights. You also acknowledge the image rights of the respective owners or licensees, and agree to respect all of the above mentioned rights.

2. Unless authorized by KIMOA, or as the case may be, by the third party holders of the corresponding rights, or unless it is legally permitted, you may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, loan, make available, make available, or provide public access through any means of public communication, any of the components referred to in the previous paragraph. The materials, components, and information that you have access to when using our Website may only be used by you for your own needs, and the materials, components, and information obtained through them should not be used neither directly nor indirectly for commercial use.

LIABILITY AND DISCLAMER OF WARRANTIES/h3>

1. KIMOA will only take responsibility for the damages you suffer from using our Website when said damages are the result of willful misconduct by KIMOA. You acknowledge and accept that the use of the Website is solely at your own risk and responsibility, as is your access to the services offered therein.

2. KIMOA will act diligently, in accordance with generally accepted practices in the sector, to protect the Website from any viruses or other harmful elements that could cause alterations to your device. However, it cannot guarantee the absence of such elements, and will not be held responsible for any damage they may cause.

3. KIMOA does not generally control how users use the Website, and in particular, is not responsible for any content inserted by users of the Website. KIMOA cannot guarantee that users use the Website in accordance with the law, with these Terms and Conditions, following generally accepted morals and good practice, nor that they do so diligently or prudently.

4. The following is a non-exhaustive list of cases in which KIMOA will not be held responsible for any damages caused:

   1. Inferences, omissions, interruptions, computer viruses, malfunctions and/or shutdowns in this electronic system or in the users’ computer devices and systems for reasons outside of KIMOA’s control which may impede or delay the services or the browsing of the system.

   2. (i) Delays or blockages caused by a failure or overload in the Internet service or in other electronic systems.

   3. Damages caused by third parties through unlawful interference that is outside the control of the Website and which cannot be attributed to KIMOA.

   4. The inability to provide the service or enable access for reasons which cannot be attributed to KIMOA, but rather to you, to third parties, or for reasons of alleged force majeure.

5. If the users are provided with linking mechanisms (such as links, banners, buttons, etc.), directories or search tools that allow them to access Websites belonging to or managed by third parties, KIMOA does not guarantee nor will be held responsible for any damages resulting from the access or use of the linked sites, such as the quality, lawfulness, and use of the information, contents, and services available on said Websites.

   When applicable, the payment gateway of the Website allows connections to a wide range of financing service providers. Albeit provided or integrated within this Website, they are subject to terms, conditions, rules or provisions other than those provided for on the Website. Under these circumstances, the financing service providers are solely responsible vis-à-vis the Users for their own services. KIMOA will devote reasonable commercial efforts to ensure that those services are provided seamlessly through the Website but assumes no liability nor any obligation in connection to the content, information, materials, products, services or transactions Users enter into with such financing service providers”.

CUSTOMER SUPPORT

1. Usted puede contactar con nuestro Equipo de Atención al Cliente en:

   You may contact our Customer Support Team on: customersupport@kimoa.com or on Whats App +34 674 740 096 (from 9am to 2pm Monday to Friday, Spanish time). We will be in touch with you to resolve the incident as quickly as possible.

APPLICABLE LAW AND JURISDICTION

1. Unless otherwise stated by law, these terms and conditions of sale will be governed and interpreted in accordance with the laws of Spain, and any dispute that may arise will be brought before the courts of the city of Madrid.

2. We have also provided you with a link to an information page created by the European Commission about the platform for out-of-court settlement procedures for goods or services bought online.

   EU Online Dispute Resolution Platform.You can register complaints through this online platform to settle legal disputes on the following link: https://ec.europa.eu/consumers/odr/.

PRIVACY POLICY

1. When using the Website or placing an order, KIMOA collects your personal data.

2. Security and protection of your personal data and your privacy is important to KIMOA. Consequently, KIMOA commits to comply with current regulations; therefore, KIMOA provides you with this privacy policy (the “Privacy Policy”).

3. Every time you use this Website, said use will be under the current Privacy and cookies Policy in force at that time. You should review said policy to ensure that you agree to its terms. KIMOA reserves its right to modify the current Privacy Policy in accordance with new legislative and regulatory requirements, because of security reasons or with the purpose of adapting this Privacy Policy to the guidelines provided by data protection supervisory authorities.

   Every time there is a change to this Privacy Policy, users will be notified through the Website or through communications. KIMOA will request their consent to the modified policy. KIMOA cannot provide you with the services until you accept the new changes to the Privacy Policy.

4. The data controller of your personal data will be Quimoalar S.L., with registered address at C/Covarrubias 9 2 dcha, 28010, Madrid , Spain

   Based on the services used by the user, the purposes of the data processing will be the following:

   1. (i) to develop, fulfil, and execute the contract of sale for the products you have purchased and for any other contract between both parties;

   2. to respond to your requests;

   3. to provide you with information about KIMOA’s products and make surveys about your preferences, if so requested, which includes sending you commercial information by email or any other similar electronic means of communication (such as SMS), and by calling you. If you are a registered user, you can change your preferences for receiving commercial information by accessing the “My account” section.

   4. (i) if you provide us with personal information regarding third parties, it is your responsibility to inform them and obtain their consent so that KIMOA may use their information for the following: (a) to arrange the sending of or confirm receipt of the product, and (b) to respond to queries that you or the third party contact us with;

      1. if you wish to process the return of the product through our Website, we will use the personal information you provide on the returns form solely (a) to manage the request and process the collection of the product at your home, (b) to answer any queries that you may have concerning the return, and (c) to confirm our acceptance of the return and to send it by email or other electronic means with the amount to be reimbursed;

      2. if you select the option to save your card details, you are expressly authorizing us to process said information for that purpose. The card’s CVV is only used for the purchase being made, and will not be stored nor processed as part of the card’s details. By giving consent to activate this option, your information will appear automatically in subsequent purchases and you will not have to enter your details again for each new process as it will be considered to be valid for future purchases. You can change your card information and revoke your consent for it to be processed at any time through the “Cards” section in “My Account”. KIMOA stores and transmits your card information in accordance with the main internationally accepted standards on confidentiality and security for credit and debit cards. The use of this option may require that you change your password for security reasons. Remember that a secure use of the Website also requires that it be correctly used and that passwords are kept confidential.

   5. The legal basis of the data processing is the users’ consent. By using the Website, registering or placing an order, and each time there is a change to the Privacy Policy, users accept the processing of their personal data under the current Privacy Policy.

      KIMOA may require other companies to provide services on its behalf, including delivery of the order, payment management, tax and accounting advice, marketing or Website maintenance. For the provision of the above services on behalf of KIMOA, third-parties may need access to certain users’ personal data. In those cases, KIMOA guarantees that these third parties will have limited access to users’ personal data, and that they will be restricted only to the essential data required for the performance of the services entrusted to them. Also, these third parties would have signed a data processing agreement with KIMOA, by virtue of which they will be bound not to disclose users’ personal data or use it for other purposes.

      KIMOA will disclose your personal data if so required by law, in court proceedings, or to investigate suspicious activities.

      The personal information that KIMOA collects from you will be in the European Economic Space, although it is possible that some companies that provides IT services may be located outside the European Economic Space, and that an international data transfer takes place. In that case, KIMOA will make sure that said third parties comply with the terms and conditions of the present Privacy Policy, as well as that they sign the corresponding processing agreements with KIMOA which are adapted to the model clauses and provide the corresponding guarantees.

      KIMOA agrees to respect the privacy of your personal information and to guarantee your rights to access, rectify or erase your personal data, limit the data processing, oppose to the data processing, as well as the right of portability and the right to revoke the processing of your personal data. These rights can be exercised by writing to the address mentioned above with the subject “Derechos LOPD”, or by email to customersupport@kimoa.com. If necessary, we may request that you provide a copy of your ID card, passport, or another valid document to identify you.

      KIMOA will keep your personal data as long as it is necessary to provide the services, the relationship between KIMOA and the user is in force, as long as the user does not express his opposition to the processing and, even after the relationship ends, as long as it is necessary to provide services, maintain security and avoid fraud and abuse or otherwise it is legally required.

      If any of the users considers that KIMOA does not comply with personal data protection regulation, he or she will be entitled to file a complaint with the competent supervisory authority.

   6. You hereby guarantee that the personal information you provide is correct and accurate, and you agree to inform of any change to said information. You will be held solely responsible for any loss or damage caused to the Website, the person in charge of the Website, or to a third party, as a result of providing incorrect, inaccurate, or incomplete information on the registration forms.

WITHDRAWAL FORM

(Only fill out and send this form if you wish to withdraw from the contract)

• For the attention of Quimoalar S.L. ("KIMOA"), with address on C/Covarrubias 9 2 dcha 28010, Madrid (customersupport@kimoa.com):

• – I/we hereby inform you that I/we withdraw from our contract of sale concerning the following good/service

• Orderdered on/recieved on

• Name of customer(s) and user(s)

• Home address of customer(s) and user(s)

• Signature of the customer(s) and user(s) (only if this form is submitted on paper)

• Date