Terms and Conditions

GENERAL INFORMATION

K’Foam Store, is a Spanish trademark with address at Calle Equidad 7-9, Pol. Ind. Cabeza Hermosa 41500 Alcalá de Guadaíra, Seville. It is registered in the commercial register of Seville on March 05, 2019, inscription number 1, volume 6686, folio 68, section sheet 121032 with cif B90423476 and fiscal name KGM Desarrollos, S.L.

2. OBJECT

These general conditions of sale by Internet regulate the sale by Internet of the products that K’Foam Store offers to the public for its purchase in the Internet address www.kfoam.esthrough the technical means that it incorporates. These general terms and conditions supplement the covenants set forth in the electronic purchase order.

3. ADHESION TO THE GENERAL CONDITIONS

The completion and sending of a purchase order expresses full and unreserved adherence to each of the general conditions, which the customer issuing the purchase order declares to know and accept.

4. CAPACITY AND CONDITIONS OF THE CLIENT

The customer affirms to be of legal age, to be of sound mental and cognitive faculties, to know and accept the general conditions in their entirety, and to have the capacity to freely and voluntarily place a purchase order.

5. ORDERS

Purchase orders shall be submitted electronically to K’Foam Store through the store using the technical means provided for this purpose on its website, duly completing the order and the data requested as mandatory. K’Foam Store reserves the right to accept the order. Once K’Foam Store receives the purchase order, it will immediately send a confirmation of the purchase contract to the e-mail address indicated in the purchase order by the customer. For the purposes of these general conditions, it is understood that the customer places the order on the date on which the order is paid in any of the ways provided for in clause 7.1. In this regard, in case of payment by bank transfer, the payment is understood to be made on the date on which K’Foam Store receives the amount of the price in its bank account, likewise, in cases where the customer agrees with a financial institution the payment of the price, the payment is understood to be made on the date on which K’Foam Store receives the amount in its bank account.

6. GEOGRAPHICAL SCOPE

The purchase of products is established for the geographical area of Spain.

7. PAYMENT METHOD

The price of the products shall be paid exclusively by any of the following means at the customer’s choice:

• By credit card: The credit card payment service will be provided directly by the issuing entity and, if applicable, the corresponding credit entity. K’Foam Store is excluded from all liability in relation to the confidentiality and security of information and data provided by the customer on the occasion of payment in their electronic purchases by credit card, to the extent that the processing of such information and data is not exclusively under the control of K’Foam Store.
• By bank transfer or deposit to a bank account: Payment by bank transfer must be made to K’Foam Store in the account described above. Remember that it is imperative that in the transfer or the deposit in account the order number that will be provided in the confirmation of your order that we will send you.

8. TAXES

The price offered in the store includes value added tax (VAT).

9. SHIPPING COSTS

Shipping costs are free on purchases over 50 euros. For any other place outside the peninsula we would calculate it on the fly. The price of delivery transport does not correspond to the cost of an eventual return of the product due to withdrawal of the customer, which K’Foam Store can manage on behalf of the customer. The cost of this return would be at an ordinary market price. In any case, K’Foam Store will inform the customer of the final price of his purchase, including shipping and assembly costs if applicable.

10. RESERVATION OF TITLE

K’Foam Store expressly reserves the ownership of the product until full payment of the price and other amounts that may accrue on the occasion of the sale and purchase with the confirmation of K’Foam Store on the customer’s purchase order.

11. PRODUCT DELIVERY

11.1 TERM

The delivery time of the product by K’Foam Store to the customer is 7 to 10 days, as long as there is no stock out of fabric. The delivery time of the products will be calculated by working days from Monday to Friday from the moment the order is processed, usually the day after the payment confirmation.

11.2 TRANSFER OF RISKS

Delivery will be made by K’Foam Store or by a third party on behalf of K’Foam Store at the address within the geographical area indicated by the customer in the purchase order. The customer assumes the risks of deterioration, impairment, damage and loss of the products from the moment the products have been made available to him in accordance with this clause. In the event of damage to the products due to transport, the customer must indicate the anomalies on the carrier’s delivery note. In this case, K’Foam Store will repair or replace the defective products as soon as possible. The absence of observations by the customer at the time of delivery is equivalent to his full conformity with the products received. With respect to the articles of rest such as mattresses, sheets and pillows, the customer should not unpack them before making sure that the product received corresponds to your order because for reasons of hygiene, these products will not admit exchange or return once removed its plastic cover, without prejudice to the return of those products that have manufacturing defects. The customer should never throw away the packaging of the products until he checks that they are in perfect condition and verifies that all the products match the ones he ordered.

11.3 PRODUCT ACCESS

The customer shall ensure and shall be responsible for ensuring that the products purchased fit through the ordinary accesses (stairs, doors, corridors, etc.) of the property to which they will be delivered. If the use of mechanical means (pulleys, cranes or elevators) is necessary for the delivery, the customer must inform K’Foam Store in advance, and the cost and risk will be borne by the customer. Upon receipt of the communication, K’Foam Store will communicate the cost of the use of these means prior to delivery, as well as the new delivery time that may be required due to the availability of these means not initially foreseen.

12. LIABILITY FOR DELIVERY

K’Foam Store shall be released from its delivery obligations under the terms of these general conditions and disclaims any liability in this regard in the following cases: 1) total or partial non-payment by the customer of the purchase order. 2) omission or inaccuracy of the information to be provided by the customer in the purchase order at the time of placing the order. 3) impossibility of delivery of the order at the indicated place due to lack of adequate access or any other cause attributable to the customer. In case of non-delivery of the products included in your order due to lack of adequate access or any other cause attributable to the customer, the products will be stored at the K’Foam Store facilities, with a storage cost that will vary depending on the days and volume of the products. Transport to the warehouse and back to the place of delivery shall be at the customer’s expense.

13. CONDITIONS OF THE PRODUCTS

The customer accepts that the colors and shades of the products shown in the store may vary slightly from those received in the order, especially in the case of solid or veneered furniture made of natural raw materials, leather, stones, fabrics, if they come from different suppliers or if the orders are not placed at the same time. Also, the monitor or other device from which the products are displayed may show variations in shade and color different from the product. The customer declares to know the measures, shapes and arrangement of the products that integrate his order according to the specifications expressed in the store. You should also be aware that orders containing deformable raw materials such as foam rubber may vary in their exact dimensions by a margin of plus or minus 2.5 cm. This is why once the mattress is received, it should be allowed to recover 24/48 hours for the foam to return to its normal state.

14. PRODUCT WARRANTY

In general, unless expressly provided otherwise, all products are warranted against manufacturing defects for a period of 2 years in accordance with the law. In order to claim the warranty, the presentation of the purchase invoice is required. The warranty does not cover displacements, or defects caused by knocks, scratches, improper use or normal wear and tear of materials.

15. RETURNS

If you are not satisfied with your purchase you can return it within 14 calendar days from the day you receive the products.

In the event of withdrawal by you, we will refund to you all payments received from you, including the costs of delivery as the case may be (with the exception of the additional costs resulting from your choice of a mode of delivery other than the least expensive mode of ordinary delivery offered by us) without undue delay and, in any event, no later than 14 days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any charges as a result of the reimbursement.

To do so, we only ask that you notify us in writing within 7 days after the purchase, by sending an e-mail to [email protected] indicating the necessary data to locate the purchase. For our part, as soon as we receive your e-mail, we will inform you, by means of an e-mail, of its receipt, indicating the process to follow.

In order to comply with the deadline for returns, the communication regarding the return of the purchase must be sent before the expiration of the corresponding deadline.

In the event that the return is for reasons attributable to K’Foam Store (defective product or not matching the reference purchased) will be K’Foam Store who will be responsible for collecting the products and / or change them for the correct taking charge of the costs associated with this return and / or change.

In the event that the return is for reasons not attributable to K’Foam Store as changes in color or other characteristics, which are due to a change of opinion or error by the customer when making the purchase must be the customer who is responsible for sending the products in perfect condition without undue delay and, in any case, no later than within 14 calendar days after receipt of the products. In these cases K’Foam Store will reimburse the customer for all payments received, except for shipping and fabric manufacturing costs. The customer shall also bear the direct cost of returning the products.

Any order that includes a customized product (special sizes or fabrics other than Cordoba 105) should be aware that they are non-returnable unless it is due to a manufacturing defect or damage in transport that will have to be notified on the delivery note.

K’Foam Store will proceed to make the refund within 14 calendar days from the date on which we receive the order at our facilities, and will do so using the same means of payment used by the customer for the initial transaction. K’Foam tore reserves the right to withhold reimbursement until the products have been received.

16. PROCESSING OF PERSONAL DATA

The customer authorizes K’Foam Store to automatically process the data provided by the customer in the purchase order (hereinafter personal data). K’Foam Store will automatically process personal data for the uses and purposes as well as under the conditions defined in its data protection policy. By completing and sending the corresponding purchase order, the customer accepts that his personal data will be subject to automated processing by K’Foam Store under the terms indicated in the policy of protection of personal data of K’Foam Store.

17. COMMUNICATIONS

Any communication between the customer and K’Foam Store regarding a specific order, in order to be valid and binding, shall be made at the e-mail addresses listed in the header for K’Foam Store and the one indicated by the customer in his purchase order.

18. APPLICABLE LAW

These general conditions are governed by Spanish law.

19. PROMOTIONS

Pack offers are only applicable for the products mentioned in the offer.