1. Legal Information and Acceptance
The terms and conditions contained here govern the use of the website www.vivonita.com (the “Website“) that Karibu Ventas S.L. makes available to users accessing the Website in order to provide information about its services as well as the possibility of using them.
Karibu Ventas S.L.
Taulat 113-115, local 2. Barcelona, Spain
Some services accessible by users from the Website may be subject to special term or conditions, or instructions that may replace, complement and/or modify these terms and conditions, and must be accepted by the user before the provision of that particular service.
Access to and/or use of such services and content implies the complete and unconditional acceptance of the particular conditions as published by Vivonita (Karibu Ventas S.L.) at the time of such access and/or use.
Use of the Website and its content is entirely voluntary and under the responsibility of the user.
Access to the Website is free except for the cost of connection through the telecommunications network provided by the service provider contracted by the user, if any. Some services are exclusive to certain users and their access is restricted.
Users may solely access the content through the means or procedures that have been made available for this purpose on the Website or used on the Internet for this purpose, provided they do not involve the violation of intellectual or industrial property or involve any damage to the Website and/or its information or services offered.
Users are obliged to use the services in a diligent, proper and lawful manner and, in particular, agree to refrain from behavior including but not limited to the following: (a) use of the services in a manner that results in activity which is illegal, immoral or against generally accepted best practices or public order; (b) transmitting or disseminating information, data, content, graphics, drawings, sound and/or images, photographs, recordings and, in general, any material that is obscene, offensive, vulgar or that may induce activity which is criminal, slanderous, defamatory, violent or, in general, contrary to law, moral rights or generally accepted best practices or public order; (c) reproduce, copy or distribute the content, or allow public access to them through any form of public communication, or transform or modify it, unless with the permission of the copyright owner or corresponding rights holder; (d) infringe intellectual or industrial property belonging to third parties or Vivonita (Karibu Ventas S.L.); (e) use the services in a way that could undermine or overload the operation of the Website; (f) conduct fraudulent transactions or ones that could facilitate illegal or fraudulent behavior of any kind; and, (g) use the content and services and, in particular, information of any kind obtained through the Website for any advertising purposes and, in particular, for the sending of advertising, communications for direct marketing purposes or for any other commercial purpose, unsolicited messages or addressed to a number of people, or to sell or otherwise disclose such information without the authorization of the addressee and Vivonita (Karibu Ventas S.L.).
3. Disclaimer of Warranties and Liability
Vivonita (Karibu Ventas S.L.) reserves the right to terminate the access to the Website as well as the provision of any or all content provided through it at any time and without notice, for technical, security, maintenance or power failure reasons or any other reasonable cause.
Accordingly, Vivonita (Karibu Ventas S.L.) does not guarantee the reliability, availability or continuity of the Website or the content, so that the use of them by users is done at their own risk, and Vivonita (Karibu Ventas S.L.) cannot be held accountable for the discontinuance or unavailability of such services.
Vivonita (Karibu Ventas S.L.) will not be held liable for any interruptions to such services, delays, errors, malfunctions and, in general, any other problems that originate from causes beyond the reasonable control of Vivonita (Karibu Ventas S.L.), and/or due to willful misconduct or fault of users and/or due to Force Majeure. Force Majeure is understood to include all those events beyond the reasonable control of Vivonita (Karibu Ventas S.L.), such as failures of third parties, operators or service companies, acts of government, lack of access to third-party networks, acts or omissions by public authorities, those produced as a result of natural disasters, power outages, and the attack by hackers or other third parties to the security or integrity of the system. In any case, whatever their cause, Vivonita (Karibu Ventas S.L.) shall have no liability whatsoever for any direct or indirect damages, consequential damages and/or loss of profits.
Vivonita (Karibu Ventas S.L.) excludes all liability for damages of any kind that may result from the lack of truthfulness, accuracy, completeness and/or timeliness of the content transmitted, stored, made available or received, obtained or accessed through the Website, nor for the content provided or offered by third parties or entities.
Vivonita (Karibu Ventas S.L.) shall use its reasonable commercial efforts to update and correct the information hosted on the Website that does not meet minimum standards of accuracy.
4. Registration and Password
Vivonita (Karibu Ventas S.L.) reserves the right to seek the registration of users for access to certain services on the Website, so users may be given a password that allows the personal identification of users.
Assigned passwords are personal and not transferable; no assignment of passwords, even temporarily, to third parties is permitted. As such, the users agree to use their passwords diligently and keep such password secret. In the event that a user knows or suspects the loss, theft or use of his/her password by others, then that user should bring this to the attention of Vivonita (Karibu Ventas S.L.) as quickly as possible.
Each user is responsible for costs and damages caused by the use of services by any third party using his/her password due to careless use or loss of it by a user.
5. Links to the Website (Inbound Links)
No third party is authorized to insert links from a third party website to the Website unless with the express consent of Vivonita (Karibu Ventas S.L.).
In the event that a third party is authorized to use the link www.vivonita.com (or a specific country variant of such domain), this use will be in compliance with the intended use and limitations provided for in the consent itself. In this case, Vivonita (Karibu Ventas S.L.) may seek, at any time and without providing the reasons for the request, the removal of any link to the Website, after which the party responsible for such site should immediately proceed to the elimination of such inbound link.
6. Privacy and Protection of Personal Data
Terms & conditions
Terms and Conditions of Use and Sale
Pursuant to the provisions of Article 10 of Spanish Law 34/2002, dated 11 July, on Information Society Services and E-Commerce, general information on the web site is provided below.
The owner of the web site is the company Karibu Ventas S.L. (hereinafter “Vivonita (Karibu ventas S.L.)”, with registered address at Roger de Lluira 93, 4.2., 08009 Barcelona (Spain) and Tax Id No. ES-B66418245.
The customer services email is: email@example.com
2.1. Vivonita (Karibu Ventas S.L.) makes available over its web sites, apps or any other medium that may be established in the future, a technological platform (hereinafter “WEB SITE”) where “Vivonita (Karibu ventas S.L.)” sells home&living products and other products and services aimed at users (hereinafter “USERS” or “CUSTOMERS”).
2.2. Vivonita (Karibu Ventas S.L.) can extend or modify its WEB SITE in accordance with the development and evolution of its products and services, including or replacing new products, services, activities or content.
3. TERMS AND CONDITIONS OF USE
3.1. Acceptance of the Terms and Conditions of Use and Sale
3.1.2. USERS must carefully read these General Terms and Conditions every time they access the WEB SITE, given that these General Terms and Conditions may be subject to modifications.
The USER hereby states:
- That he/she has read, understands and comprehends the provisions set forth herein;
- That he/she takes on all the obligations set forth herein;
- That he/she understands that the WEB SITE is a technological platform owned by Vivonita (Karibu Ventas S.L.) over which he/she can purchase products from Vivonita (Karibu Ventas S.L.) and other the suppliers that advertise and sell their products on the aforementioned platform.
3.1.3. The owner of the WEB SITE reserves the right to make modifications to site content and services or update them at any time without the need to give any prior notice. The same applies to these General Terms and Conditions and, in general, to any elements that go to make up the design and configuration of the WEB SITE.
3.2. Access to the WEB SITE
3.2.1. Access to the WEB SITE is free of charge, except as regards the cost of the connection over the telecommunications network supplied by the Internet service provider hired by the USER.
3.3. Registration Requirement
3.3.1. Generally speaking, it will not be necessary to register as a USER to access WEB SITE services and content. Notwithstanding, the use of particular services and content will be conditional on prior USER registration.
3.3.2. The data entered by the USER must be accurate, up-to-date and true at all times. Registered USERS will be responsible at all times for safekeeping their password, thus assuming any damages that may arise as a result of any unlawful use of the same, as well as for its assignment, disclosure or misplacing. Accordingly, access to the restricted areas and/or the use of the services and content made by way of a registered USER password will be attributed to that same USER, who will answer for the said access and use.
3.4. Terms and Conditions of Use
3.4.1. The USER undertakes to use the WEB SITE and all of its content and services ethically, in accordance with that which is provided for by law and these General Terms and Conditions of Sale.
3.4.2. Moreover, the USER undertakes to make appropriate use of the services and/or content of the WEB SITE and to refrain from using them to conduct unlawful or criminal activities that violate the rights of third parties and/or infringe upon intellectual or industrial property regulations, or any other applicable set of laws.
3.4.3. The USER undertakes not to transfer, introduce, disclose and make available to third parties any type of material and information such as data, content, messages, drawings, sound and image files, photographs or software that constitute a breach of the law, morality, public order and these General Terms and Conditions. For purely guideline purposes, and in no way limited or exclusive to the following, the USER undertakes to:
I.- Refrain from introducing or disseminating content or advertising of any sort that might be racist, xenophobic, pornographic, that incites terrorism, infringes upon human rights.
II.- Refrain from introducing or disseminating on the Internet data programs (virus and malware) capable of causing damage to the information systems of the Internet service providers, their providers or third-party Internet users.
III.- Refrain from disseminating, transferring or making available to third parties any type of information, element or content that violates basic rights and public liberties protected under the constitution and international treaties.
IV.- Refrain from disseminating, transferring or making available to third parties any type of information, element or content that constitutes unfair or illegal advertising.
V.- Refrain from transferring unsolicited or unauthorized advertising, spam, chain letters, pyramid schemes, or any other form of unsolicited mailing, except to those areas (such as commercial spaces) that have been exclusively conceived for such purposes.
VI.- Refrain from introducing or disseminating any false, ambiguous or inaccurate information or content that misleads the receivers of such information.
VII.- Refrain from impersonating other USERS by using their registration passwords to the different WEB SITE services and/or content.
VIII.- Refrain from disseminating, transferring or making available to third parties any type of information, element or content that constitutes a violation of industrial and intellectual property rights, patents, trademarks or copyright corresponding or belonging to the owners of the WEB SITE or third parties.
IX.- Refrain from disseminating, transferring or making available to third parties any type of information, element or content that constitutes a breach of the privacy of communications and data protection regulations.
The USER undertakes not to hold Vivonita (Karibu Ventas S.L.) liable for any possible claim, fine, penalty or sanction it may be obliged to bear as a result of the USER'S failure to comply with any of the aforementioned rules of use. Moreover, Vivonita (Karibu Ventas S.L.) reserves the right to claim damages that may correspond to it in any such circumstances.
3.5.1. USER access to the WEB SITE does not involve any obligation for Vivonita (Karibu Ventas S.L.) to control the absence of viruses, worms or other type of malware. The USER is responsible in all cases for possessing the appropriate tools to detect and remove malware.
3.5.2. Vivonita (Karibu Ventas S.L.) is not liable for any damage caused to USER software and IT equipment or to that of third parties when using the services offered over the WEB SITE.
3.5.3 Vivonita (Karibu Ventas S.L.) is not liable for any type of damage caused to the USER owing to telecommunication failures or crashes that lead to the suspension, cancellation or interruption of the WEB SITE service while it is being provided or prior to its provision.
3.6. Content and Services Linked via the WEB SITE
3.6.1. The access service to the WEB SITE might include technical link devices, directories and even search instruments that enable the USER to access other pages and portals on the Internet (hereinafter “Linked Sites”). In these cases, Vivonita (Karibu Ventas S.L.) will solely be liable for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the unlawfulness thereon or whenever it has failed to disable the link with due diligence. If the USER considers that there is a Linked Site with unlawful or inappropriate content, he/she can report this to Vivonita (Karibu Ventas S.L.), without any such report involving the obligation to remove the link in question.
3.6.2. In no case whatsoever must the Linked Sites presuppose the execution of formal agreements with their owners or those responsible for them, nor does it represent any recommendation, promotion or identification with or by Vivonita (Karibu Ventas S.L.) of claims, content or services provided thereon.
3.6.3. Vivonita (Karibu Ventas S.L.) has no knowledge of the content and services of the Linked Sites and, therefore, is not liable for any damage caused by the unlawfulness, quality, datedness, unavailability, error or uselessness of the aforementioned content and services, or for any other damage for which Vivonita (Karibu Ventas S.L.) is not directly accountable.
3.6.4. If the USER can access or is redirected to Linked Sites that make it possible to hire services and/or products, the USER is aware and accepts that Vivonita (Karibu Ventas S.L.) is acting as a mere intermediary by facilitating this access. Accordingly, it will not be liable, either indirectly or collaterally, for damages of any type arising from the free use and/or purchasing or hiring of the aforementioned third-party products and services, or for any lack of lawfulness, reliability, utility, truth, accuracy, comprehensiveness or updatedness related to the same. For purely guideline purposes, and in no way exhaustive, Vivonita (Karibu Ventas S.L.) will not be liable for: damages of any nature arising from defective compliance or non-compliance with contractual obligations acquired by third parties; unfair competition or unlawful advertising acts; the failure of the aforementioned services and products to live up to expectations or for vices of defects of any type that they may have.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
4.1. All WEB SITE content (understanding this to cover for merely guideline purposes and not exhaustively, its texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes) are the property of Vivonita (Karibu Ventas S.L.) or third parties. Under no circumstances are these rights of use assigned to the USER pursuant to current intellectual property regulations.
4.2. The marks, trade names and distinguishing signs are owned by Vivonita (Karibu Ventas S.L.) or third parties and access to the WEB SITE cannot be construed as attributing any rights as regards the same.
4.3. By accepting these General Terms and Conditions, the USER hereby assigns to Vivonita (Karibu Ventas S.L.), free of charge and exclusively, all rights of use with respect to the articles, comments and opinions (hereinafter the “Content”) that the USER publishes or authorizes to publish on the WEB SITE. The aforementioned assignment will be understood as covering users worldwide, without any restriction whatsoever, and for the maximum period provided for by Spanish Royal Decree Law 1/1996, dated 12 April, adopting the Consolidated Legislation on Intellectual Property, regularising, clarifying and harmonising current legal provisions in these matters. Vivonita (Karibu Ventas S.L.) can exercise the rights to reproduce, transform, distribute and publicly disclose the Content in the broadest sense provided for by the aforementioned law.
4.4. The USER, who hereby states to have all the intellectual property rights over the aforementioned articles, comments and opinions, undertakes to take on liability or respond to any claim, including compensations for damages, that may be made against Vivonita (Karibu Ventas S.L.) by a third party who considers his/her rights have been infringed upon by actions arising from obligations undertaken by the USER either directly or indirectly under these General Terms and Conditions.
4.5. Moreover, the USER undertakes to protect Vivonita (Karibu Ventas S.L.) from any liability for damages that Vivonita (Karibu Ventas S.L.) or third party may suffer as a result of the giving proper form to the assignment of rights under this clause.
5. TERMS AND CONDITIONS OF SALE
5.1. Scope of Application
5.1.1. These General Terms and Conditions of Sale apply to purchase transactions conducted between USERS and Vivonita (Karibu Ventas S.L.).
5.1.2. Moreover, these Terms and Conditions of Sale apply to those purchases made by USERS in which Vivonita (Karibu Ventas S.L.) is the vendor.
5.2. Checkout Process
The process to purchase products on the WEB SITE is as follows:
5.2.1. Start the process by clicking on the “Add to cart” button that appears on each product page.
5.2.2. The USER will see the selected product in the shopping cart and can decide if he/she wants to add more products in this shopping cart or can proceed to the checkout to finalize the sale.
5.2.3. The USER has to create a user account with all required information such as email address, selected password, personal data and shipment information. The USER can also sign-up for a newsletter from Vivonita (Karibu Ventas S.L.) and/or Vivonita (Karibu Ventas S.L.) partners.
5.2.4. If the USER has a discount or gift voucher, he/she must add this to the shopping basket in the space provided to enter the voucher (“I have a discount voucher”). If the USER does not enter the voucher in the aforementioned space and the order is made without a discount, he/she cannot demand that the discount be applied after order confirmation.
5.2.5. The USER must select one of the methods of payment that Vivonita (Karibu Ventas S.L.) provides.
5.2.6. Lastly, the USER must click on the “Pay securely” button. The USER will receive confirmation of the acceptance of any order placed by means of a message that comes up on the screen and an e-mail sent to the address provided previously..
5.2.7. The USER accepts liability for the correct and accurate entry of product delivery data. Likewise, Vivonita (Karibu Ventas S.L.) accepts no liability for any delivery that is not made due to inaccurate or incorrect data.
5.2.8. The order description is that which is included in the technical description of the product.
5.2.9. Vivonita (Karibu Ventas S.L.) platform offers USERS a purchasing service for products to be consumed either by individuals or companies. Vivonita (Karibu Ventas S.L.) does not authorize the re-sale of these purchases nor any documentation to this end. The USER is fully responsible for any such actions, exempting Vivonita (Karibu Ventas S.L.) for any liability as regards the re-sale of these products. Whenever the USER is a corporate person, consumer legislation will not apply to such a USER. Thus some rights as, for example but not limited to, the right to withdraw will not apply.
5.3.1. Prices will be indicated in Euros and the currency that corresponds to the place of residence of the consumer. Vivonita (Karibu Ventas S.L.) will apply the currency exchange rules that are established by the market at any given time.
5.3.2. It may happen that a mistake be made by Vivonita (Karibu Ventas S.L.) in entering the product price. If this mistake should differ considerably (50% or more with respect to the retail price) and whenever no bargain price is involved, Vivonita (Karibu Ventas S.L.) reserves the right to cancel the order upon the request of the USER at no expense to Vivonita (Karibu Ventas S.L.).
5.4.1. The USER can pay for the purchases made through the means provided by Vivonita (Karibu Ventas S.L.) on the WEB SITE, as indicated in the section that deals with making a purchase herein.
5.4.2. Vivonita (Karibu Ventas S.L.) reserves the right to use third-party means of e-payment and/or financial institutions to manage the payments made by USERS over the WEB SITE, in collaboration with means of payment providers.
5.4.3. Vivonita (Karibu Ventas S.L.) does not have access to the bank data linked to USER means of payment and has no knowledge of, and does not register, these data during the payment transaction.
5.4.4. Vivonita (Karibu Ventas S.L.) reserves the right to reject or cancel at its entire discretion, upon notice to the USER, those orders that may be: (i) inaccurate or contain obvious product errors, (ii) contain inaccuracies or obvious errors in setting the price on the SITE, or (iii) any suspicion of fraud or of having provided significantly false, incomplete or inaccurate data by USERS.
5.4.5. Vivonita (Karibu Ventas S.L.) reserves the right to request that a copy of the card used to make the purchase and of the ID, bank statement, national ID document, passport or equivalent of the USER be sent by fax or e-mail to confirm the truthfulness of the data provided.
5.4.6. Whenever paying by bank transfer, the USER must make sure that the details contained in the order confirmation e-mail figure in the said transfer. Consequently, the bank transfer will indicate the account number to which the transfer is to be made, the amount involved and the reference that must be attached to speed up the definitive acceptance process related to the order in question. The order will be processed after full payment has been made. The delivery data reported to the USER will begin to be calculated as of the reception on account of the full amount. The order made by bank transfer is valid for 48 hours. Any payment made after that term can be subject to changes with respect to price and product availability.
5.4.7. If an invoice is requested for the purchased products, the USER hereby expressly authorizes Vivonita (Karibu Ventas S.L.) to send it in digital format and in the legal currency of the country of residence of Vivonita (Karibu Ventas S.L.).
5.4.8. If the payment is made by PayPal and if a collection agreement has been executed with PayPal by clicking the “Remember PayPal data” box, the USER can cancel the aforementioned agreement by accessing his/her user account from the section “My account -> Edit Profile” or by accessing his/her PayPal account and cancelling the agreement. The USER hereby states that under these circumstances USER data are processed by PayPal..
5.5. Shipping and Delivery Costs
5.5.1. Dispatch costs for USER orders must be paid by the USER, unless expressly indicated otherwise.
5.5.2. Vivonita (Karibu Ventas S.L.) will indicate the shipping costs in the order process. These costs must be accepted by the USER prior to acceptance of the order, unless they are included in the price. Vivonita (Karibu Ventas S.L.) will indicate beforehand any additional cost that is to be incurred in the purchase process.
5.5.3. Vivonita (Karibu Ventas S.L.) will inform the CUSTOMER of the estimated delivery dates for the order during the purchase process. The delivery dates indicated in the order are purely estimates and refer to business days. Vivonita (Karibu Ventas S.L.) will not be liable for any additional delays to the estimated delivery date.
5.5.4. The USER is responsible for checking the order at the time of delivery and for making any claim or complaint at that same moment which the USER considers justified, such as product breakages or the absence of certain products. If the USER does not inform the courier at the time of delivery and on the pertinent document (delivery note) of any problem with the order received (breakages, missing goods, wrong products), Vivonita (Karibu Ventas S.L.) will not be liable for any claims or costs arising from any later claim. Vivonita (Karibu Ventas S.L.) can request photographs confirming any claim made by the USER with respect to a delivery incident.
5.5.4. The logistics of orders is made by Vivonita (Karibu Ventas S.L.) or the SUPPLIER or, where appropriate, other suppliers hired by the SUPPLIER to provide this service.
5.5.5. Orders will be delivered at the delivery address freely provided by the USER in the order form, as long as the address is confirmed as lying within the delivery areas covered on the Platform. Vivonita (Karibu Ventas S.L.) will not accept liability when delivery is not made as a result of the inaccuracy or falsity of the data provided by the USER for this purpose, or for circumstances in which the delivery cannot be made for reasons beyond the control of the delivery company assigned, such as the absence of the addressee.
5.5.6. The order will be delivered as soon as possible following the indicated estimated time of delivery on the product page and the checkout process. Though the order contains an approximate delivery date, Vivonita (Karibu Ventas S.L.) reserves the right to be able to change this date as long as the USER is informed beforehand. The delivery date on the order is purely informative and not contractually obligatory.
5.5.7 Deliveries are made on business days (Mondays to Fridays) during business hours (9 am-7 pm). Regrettably, deliveries are not made on weekends, outside business hours or on public holidays, regardless of whether or not the USER requests these options in the order or by some communication to Vivonita (Karibu Ventas S.L.).
5.6. Withdrawal and Return
5.6.1. Orders can be cancelled at no further charge up to the time in which the dispatch has been prepared for shipping to the USER. If the USER cancellation request comes after the order has been prepared, the cancellation will be considered as a return by the USER.
5.6.2. The USER can freely withdraw from the purchase contract without indicating any reason within fourteen (14) business days after the receipt of the product. The receipt accrediting delivery of the product will serve for the purposes of calculating the aforementioned fourteen (14) days.
5.6.3. To exercise the right to withdraw from the purchase, the USER must write to the following e-mail firstname.lastname@example.org, indicating for identification and management purposes the e-mail used for the purchase and the order number. Vivonita (Karibu Ventas S.L.) will reply to the USER providing precise instructions on how to exercise the right to withdraw.
5.6.4 The USER will pay for return delivery costs and will undertake any other steps involved in the return of the product. This product must be packaged and parceled securely so that the goods are returned in a perfect state of preservation. The USER will be liable for any defect or damage suffered by the product in this process.
5.6.5. In the event of any withdrawal from the order, Vivonita (Karibu Ventas S.L.) will refund the total amount of the order deducting any collection costs that will normally be managed by Vivonita (Karibu Ventas S.L.), or by way of the means of payment employed by the USER to purchase the product, no later than FOURTEEN (14) calendar days after checking the proper state of the product returned by the CUSTOMER to Vivonita (Karibu Ventas S.L.).
5.6.6. Vivonita (Karibu Ventas S.L.) will only accept the return of the product when its use has been limited to merely checking the proper working of the same by the USER, in accordance with current legislation.
5.6.7. Vivonita (Karibu Ventas S.L.) will not accept the return of any product that has suffered deterioration for which the CUSTOMER is accountable.
5.6.8. Products must be returned by the CUSTOMER in their original packaging and in perfect condition (i.e. undamaged and clean) and must be sent to the place indicated by Vivonita (Karibu Ventas S.L.) in the instructions sent to the CUSTOMER. Moreover, the packaging must be completely and fully identified to reflect who the sender is. If the item in question is not sent under the conditions described herein it will suffer a depreciation that must in all cases be paid for by the CUSTOMER.
5.6.9. Withdrawal will not apply in the circumstances covered by Article 103 of Spanish Royal Legislative Decree 1/2007, dated 16 November, adopting the Consolidated Legislation of the General Consumer and User Defence Law. For purely guideline purposes, and not in any way comprehensive, the return of customized or perishable products is not covered, notwithstanding the foregoing. In case of doubt, the CUSTOMER must consult with Vivonita (Karibu Ventas S.L.) beforehand.
5.6.10. If there is some error in the delivery or some product defect, Vivonita (Karibu Ventas S.L, undertakes to change the defective product for another one exactly alike, as long as there is one available. Vivonita (Karibu Ventas S.L.) will pay for return and shipping costs. If it is not possible to replace the product, the price of the same will be refunded no later than 14 calendar days later. Please contact us at the following e-mail if you wish to return any product: email@example.com
6. PERSONAL DATA PROTECTION AND COOKIES
Moreover, this WEB SITE uses its own and third-party cookies: http://www.vivonita.com/cookies
7. CLAUSE INVALIDITY AND NULLITY
If any of the clauses of these General Terms and Conditions are declared either wholly or partially null and void or invalid, any such nullity or invalidity will solely affect the clause in question, or the part thereof that proves to be null or invalid. Notwithstanding, the remaining General Terms and Conditions will continue to be regarded as valid, and the partial or whole clause deemed invalid will be understood as no longer forming a part of the said General Terms and Conditions.
9. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
9.1. These General Conditions will be governed and will interpret in accordance with the Laws of Spain.
1. Processing of personal data provided via the Website
Karibu Ventas S.L. (“We” or the “Company” or “Vivonita (Karibu Ventas S.L.”) informs users of its website, www.vivonita.com (the “Website“), of its policy of protection of personal data regarding access and use by users of the Website that Vivonita (Karibu Ventas S.L.) places at the disposal of Internet users interested in its services and content, so that they can freely and voluntarily determine whether they wish to provide personal data to Vivonita (Karibu Ventas S.L.) which may be required or that may be obtained.
In accordance with the provisions of the legislation relating to personal data, Karibu Ventas S.L.., with registered office at Roger de Lluira 93, 4.2. 08009, Barcelona, SPAIN, as owner of the Website (in Spain and the rest of the world), informs users of the existence of two separate files – ‘users’ and ‘customers’ – registered by Vivonita (Karibu Ventas S.L.), duly registered with the Spanish Data Protection Agency.
- Creation of a community of users interested in our products, where they can share their opinions and favorite program with other users.
- To provide users’ opinions about our products, via the Website and other electronic means, such as social media.
- To recommend our products to users, based on their interests, purchase history and navigation habits via the Website, as well as based on the comments from users using their Vivonita (Karibu Ventas S.L.) profile in social media.
- To study and analyze information provided by users, as well as based on information obtained in aggregate format for statistical purposes via cookies, in order to evaluate new trends or services.
- To share and send and opinions.
- To send electronic communications for promotional and informative purposes regarding the home&living sector or any other sectors that might be of interest, such as the ones indicated in clause 8 below.
- To show relevant promotions in other websites and social networks that may be of interest for the user.
- Sale and promotion of our products
- To send electronic communications for promotional and informative purposes regarding the home&living sector or any other sectors that might be of interest, such as the ones indicated in clause 8 below.
3. Mandatory or optional nature of the information provided by the User and reliability of the information
Fields marked with an asterisk (*) on the registration forms to be filled in by the user are strictly necessary to service your request, with the inclusion of data in the remaining fields being voluntary.
You warrant that all personal information you provide is accurate and up to date so that it reflects truthfully to the current situation of the user. It is the responsibility of the user to maintain his or her data current, at all times; the user is solely responsible for the inaccuracy or falsity of the information provided and any damages caused thereby to Vivonita (Karibu Ventas S.L.) or third parties for the use of services offered by Vivonita (Karibu Ventas S.L.) based on such information.
4. Privacy Control
The user, from his or her personal menu, can choose and change the level of privacy that he or she wishes with respect to his or her personal data provided to Vivonita (Karibu Ventas S.L.). In this way a user may choose the type of profile that best fits his or her interests:
5. User Consent
When filling out the form and clicking “send”, the user confirms to have read and expressly accepted the Website´s legal terms, and gives his or her unequivocal and explicit consent to the processing of personal data for the purposes set out here and the services provided by Vivonita (Karibu Ventas S.L.).
Also, the user expressly consents to the possibility that his or her opinions and content contributed to the Website will be treated by Vivonita (Karibu Ventas S.L.) for the purposes indicated herein.
We do not sell the personal information of our users to third parties for commercial purposes without the express consent of users. We might, however, disclose personal information to comply with legal requirements, enforce our policies, and respond to legal claims relating to infringement by ads or other content of third party rights or to protect the rights of any person or their property or their safety.
7. Data provided by minors
Those over fourteen years old may register as users of the Website without the prior consent of their parent or guardian.
For children under fourteen years old, the written consent from parents or guardians for the processing of your personal data is required, along with photocopy of their national ID card, which must be sent to the email address firstname.lastname@example.org.
In no case shall data with respect to the professional, economic or the privacy of other family members of a minor be collected, without their express consent. Only the data relating to the identity and address of parents or guardians of the user under fourteen years may be collected, with the sole purpose of obtaining the necessary authorization you are under fourteen years old and you have accessed this Website without telling your parents or guardians, you must not register as a user.
8. Electronic Communications
The completion and submission of registration forms from Vivonita (Karibu Ventas S.L.) Implies the express consent of the user for the receipt of promotional electronic communications in which may be included news and information about the Website, as well as electronic communications relating to the home& living and other sectors.
We inform users that we have adopted the necessary technical and organizational measures established by regulations to ensure the security of personal data and avoid its alteration, loss, or unauthorized access, given the state of technology, the nature of the data stored and the risks to which they are exposed, all in accordance with the provisions of the current applicable legislation and regulations.
10. Right of access, modification, opposition and cancellation of data
You have the right to access your data held by us, modify it if the data is wrong, to oppose certain treatments of data and to unsubscribe from certain services offered by Vivonita (Karibu Ventas S.L.).
These rights can be exercised by the settings offered in your personal account of the Website, accessed by including your email address and your personal password.
In case of problems in online access, and for any other queries or concerns about our data protection policy, you may directly exercise your rights of access, modification, cancellation and opposition by writing to:
Karibu Ventas S.L.
Roger de Lluria 93, 4.2.
Or via our email: email@example.com, indicating the subject and request.
The processing of personal data and the sending of commercial communications by electronic means are in compliance with current regulations.
We reserve the right to amend this policy to adapt to future legislation or case law.
12. Governing Law
13. Inquiries about this Policy
Cookies are text files of a small size, often encrypted, that a website stores on a computer or other device when accessing the website. Cookies may store the identification of the user that visited the site and the places that were navigated.
When you revisit the site or website the cookies may be read in order to identify the user and to set the preferences and browser settings for that user.
This site uses the following cookies:
- UI Customization cookies to store a user’s preference across web pages and not linked to other persistent identifiers.
- Technical cookies. These cookies are used to provide certain functionalities such as keeping track of the user’s input when filling online forms, keeping track of the items the user has selected by clicking on a button, securing the service, storing technical data needed to play back video or audio content or integrating social plug-in modules.
- Cookies for authentication as a registered user to log on pages that require identification / authentication. These cookies are required to access restricted content services or users are identified and authenticated.
- Analytics cookies (such as those of Google). These cookies are used to analyze the visits made, places and times of website navigation. The cookie information is transmitted to and stored directly by the analytical providers on their servers. These cookies are used anonymously and to prepare website trend reports without identifying individual users.
First Party Cookies
Third Party Cookies
Vivonita (Karibu Ventas S.L.) has also implemented the Google Analytics Demographics and Interest Reporting feature, which gathers information derived from the third-party Double Click cookie and device identifiers. You can opt-out of this feature trough the Google’s Ad Settings, the Ad Settings for mobile apps and the NAI’s consumer opt-out.
You can set your browser to refuse or accept cookies, or set the browser so that cookies are automatically deleted once you close your browser, computer or device. You may change your cookies settings in browsers as follows:
- Google Chrome Settings > Privacy > Content Settings > Cookies
- Firefox Preferences > Privacy.
- Internet Explorer under Tools > Internet Options > Privacy > Advanced.
- Safari Preferences > Privacy.
For more information about the cookies used, contact the owner of this website at the address firstname.lastname@example.org