TERMS AND CONDITIONS
In the present Terms and Conditions of «Kaplan Projects», «we» and «us» mean «Mercedes Estarellas Galmés» and «You» shall mean the client.
These terms and conditions of purchase (hereinafter the «General Conditions»), regulate the legal relationship of purchase processes carried out by you on the website www.kaplanprojects.com and its owner Mercedes Estarellas Galmés, with ID 43084074Z, address at Costa de Santa Creu 10a, 07012 Palma. You accept the General Conditions from the moment you use or contract the service or acquire any product. This document can be printed and stored by you. Kaplan Projects puts at your disposal the email address firstname.lastname@example.org, so that you can raise any questions about the General Conditions.
1. HOW TO ORDER.
1.1. You must be 18 years old and have the capacity to contract to place an order. You declare that the data and information you provide are truthful and accurate.
1.2. You can place the order through our online store at www.kaplanprojects.com or by calling (+34) 971422833. Orders arriving by different means will not be accepted.
1.3. When placing your order, you agree to purchase the selected products in accordance with these General Conditions.
1.4. You will receive a confirmation email with the order number once your order is accepted. Confirmation will be valid after it is sent. If we cannot process your order for any incident, we will contact you by email or phone.
1.5. To place an order through the Kaplan Projects website, you need internet access. It is necessary to register as a user by filling in the electronic form, before starting the purchase process. Once registered, you can proceed with the process of purchasing the product or products added to the basket or browse the web to add new products to it.
1.6. Once registered and having all the required products in the basket, the purchase is continued arriving at the selection screen of Payment Methods, Methods of Shipping and Modification (if required) of the billing and/or shipping information.
1.7. Once the purchase is made and as quickly as possible, within reason, Kaplan Projects will send customers an email with the receipt of the order that will contain the summary of the purchase, as well as payment information if applicable and shipping data and billing.
1.8. Kaplan Projects will send a receipt in physical support that will be received along with the order. This receipt will be issued in the name of the individual or company that has placed the order, so customers should make sure to do it with the correct name. The product or products will be sent according to the shipping method selected by you.
2. SUPPLY OF YOUR ORDER.
2.1. We will supply the selected products upon confirmation of your order, under these General Conditions.
2.2. Orders can be placed twenty-four (24) hours three hundred and sixty-five (365) days of the year, although orders placed after 5 pm will not be processed until the following workday in the city from Palma. Orders received during the weekend will be processed in the early hours of the next Monday or the first workday.
3.1. The price of the products includes the corresponding VAT as indicated in your order and/or invoice. VAT payment will be charged on the buyer.
3.2. VAT will not apply to the purchase of products whose destination is outside the European Union. In addition, intra-community acquisitions made on behalf of business/professional are exempt from VAT as long as they prove they are professionals or their tax identification appears in the VIES system of the European Union, and can be checked through the page: http://ec.europa.eu/taxation_customs/vies/vieshome.do?locale=en
3.3. The shipping costs are borne by the customer, as indicated in your order and invoice.
3.4. In the shipments to the Canary Islands, Ceuta and Melilla, the client, upon receiving the product, will be charged with customs clearance expenses, as well as the payment of local tax, IGIC or similar.
3.5. In shipments to countries not belonging to the European Union or with which the European Union does not have a customs removal agreement, the client will bear the costs of customs clearance and other taxes that may be applicable when receiving the product.
4. PAYMENT OF THE ORDER(S).
4.1. You can pay your order through the payment systems appearing in our online store.
4.2. We only accept payments in Euros.
4.3. If you pay with a credit card, you must provide your credit card information at the time of placing your order. We only accept payments with secure cards in which the identity of the cardholder is verified according to the method established by your bank, through the secure electronic commerce service («Verified by Visa» and «MasterCard SecureCode»).
4.4. If you pay by transfer/deposit account, you will receive a payment request by email. Your order will not be reserved or sent until we receive the payment in our bank account. Should the payment for the full amount is not completed within seven (7) calendar days from the date of your order, it might be cancelled. In any case, once you have proceeded to pay by bank transfer or deposit, you must immediately attach the voucher of transfer along with your order number to the following email address: email@example.com . The voucher of transfer may speed up the process, but in no case would it serve to validate it or means any reservation.
5. DELIVERY OF YOUR ORDER.
5.1. We will send your order to the mailing address that you indicate.
5.2. The orders are insured, with a policy that covers the replacement value of the acquired works.
5.3. We will send your order within the delivery period that appears on our website with the order confirmation. If you have requested several products in the same order, we may have to deliver them on different dates, depending on the availability of each supplier. You can cancel your order at any time before the shipment by sending an email to firstname.lastname@example.org indicating your order number.
5.4. We will send confirmation of the shipment when the transport picks up the order to the email address that you have provided when placing the order. In the shipping confirmation we will indicate the tracking number so that you can follow the shipment through the carrier’s website, according to the shipping method you have selected.
5.5. Orders will be processed within 24 hours, excluding Saturdays, Sundays and holidays of the Community of Balearic Islands.
5.6. The customer will become liable for the ownership and risk of loss of the products once delivered.
5.7. In the case of shipments to the Canary Islands, Ceuta and Melilla, as well as other destinations with a customs dispatch, the customs clearance expenses, as well as the payment of the local tax, will always be borne by the customer. If you reject the order at the time of delivery and it is returned to Kaplan Projects by the transport company, the cost of customs, local tax and shipping costs, as well as expenses, will be deducted from the refund of the purchase, and also the bank expenses, if any.
6. SATISFACTION OR RETURN. RIGHT OF WITHDRAWAL.
6.1. If you are not satisfied with any of the products of your order, you can exercise the right of withdrawal and request a refund, within a maximum period of fourteen (14) calendar days following receipt of the order, to obtain reimbursement of the amount of the product(s).
6.2. To be able to exercise the option of returning an order/product, you must send an email to email@example.com , attaching the invoice number and the order number, and including your contact information, so that we can provide you with a return number and instructions on how to return the order/product.
6.3. You must return the products of the order in perfect condition, otherwise, the return will not be allowed. In addition, the transport of the returned order must be done under the same conditions of delivery, being you obliged to subscribe insurance that covers the replacement value of the returned work. The return is in charge of the customer.
6.4. In case of returning the order, the amount paid for the purchased work will be refunded, but excluding the shipping costs paid at the time.
6.5. In the case of returns from the Canary Islands, Ceuta and Melilla, and other destinations where there is a customs dispatch, the shipping costs of the return, as well as the customs clearance and local taxes, if any, will always be in your charge.
6.6. Without affecting the right of withdrawal of consumers or the accountability of the warranty for defective products, the total liability of Kaplan Projects for the goods supplied will be limited to their price.
6.7. When the product is defective from the origin, you must send an email to firstname.lastname@example.org with the invoice number and an explanation of the defect. We will send you an email indicating how to return the defective product to Kaplan Projects. Once the defective product has been received and inspected, we will send another one in exchange without any additional cost (always subject to availability). In this case, the change will be made by the same article or reference. Kaplan Projects will take care of the shipping costs corresponding to the return and new shipment.
6.8. Any damage attributable to the customer, such as inattention to adequate measures for the conservation of the work, exposure to light, water or other elements, influence of environmental and climatic conditions, improper use of the work and other similar factors, will not be considered as defects from the origin.
6.9. When the goods, by mistake, do not correspond to the order, Kaplan Projects will bear the cost of collecting the wrong goods and delivery of the corresponding ones.
6.10. In case the order is a gift, Kaplan Projects will change or refund the product if the return complies with the conditions described in the previous and following sections.
6.11. Orders with store pick-up and direct purchases at the pick-up point have a withdrawal period (return and/or change) of fourteen (14) calendar days from the date of delivery.
6.12. In case of a return, the refund of the amount paid will be made through the means of payment used in the purchase.
6.13. Kaplan Projects will not refund the amount or make any return of merchandise until the reception, the packaging and the product returned has been verified.
7. CONTACT WITH KAPLAN PROJECTS AND CORRECTION OF PROBLEMS AND MISTAKES
You can contact us:
– By mail to Kaplan Projects, Costa de Santa Creu 10a, 07012 Palma, Spain.
– By email to email@example.com
– By telephone (+34) 971422833
When you contact us regarding an order that you have made, you must indicate your order number.
8. CONTENTS AND INFORMATION PROVIDED ON OUR WEB.
8.1. Kaplan Projects reserves the right to modify the commercial offer presented on the website www.kaplanprojects.com (modification of products, prices, promotions and other commercial and service conditions) at any time.
8.2. Kaplan Projects puts all reasonable means to make the information shown on its website accurate and without typographical errors. If an error of this type were to occur, not at the will of Kaplan Projects, it will be corrected immediately, as soon as it is detected. If the error occurs in some of the prices shown and a customer makes a purchase, we will notify you of this error, and the customer or user will have the right to cancel the order without cost on his/her part. The automatic purchase confirmation does not validate the conditions of a wrong price.
8.3. The information on the website is in Spanish and English, including all contractual information displayed and sent to consumers or users. In case of discrepancy between both versions, the wording in Spanish will prevail.
9. DATA PROTECTION.
When you place an order, you accept that we can store, process and use data obtained from the form of your order for the sole purpose of processing it. By delivering the email address or other personal information, which is required for processing your order, you give your permission for these addresses to be treated and also used to send commercial communications of promotion, newsletters, or advertising of the products offered by Kaplan Projects. Kaplan Projects puts at your disposal the email address firstname.lastname@example.org so that you revoke the consent given.
Kaplan Projects declares that it complies with current regulations regarding data protection, in particular, the Organic Law 3/2018, of December 5th, on the protection of Personal Data and guarantee of Digital Rights; as well as the General Regulation of Data Protection RGPD (UE) 2016/679 of May 25th, 2016.
10. FORCE MAJEURE.
We will do our best to fulfil the obligations arising from your order. However, we will not be responsible for delays or non-compliance if they are due to force majeure. In case of delay, we will fulfil our obligations as soon as reasonably possible.
11. APPLICABLE LAW AND COMPETENT JURISDICTION.
Any dispute arising regarding the interpretation or performance of this Agreement will be interpreted according to Spanish Law. Additionally, for the resolution of any dispute, the parties, by expressly waiving any other jurisdiction that may apply, expressly submit themselves to the Courts and Tribunals of Palma, except in the event that the user acts as a consumer, in which case the competent courts will be those corresponding to the user’s address.
12. NULLITY AND INEFFICIENCY OF THE PROVISIONS.
If any provision included in these General Conditions were declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only that provision or the part of it that is null or ineffective, subsisting the General Conditions in everything else, taking such provision or part thereof as not included.