TERMS AND
LEGAL CONDITIONS
0.-PRELIMINARY
The present conditions will govern the purchase of products through the website www.ka-international.com, or any of its subdomains and directories included therein (hereinafter, the "Website" or the "Platform").
The acceptance of this document, by checking the corresponding checkbox, implies that the CLIENT:
- Has carefully read and understands what is presented here.
- Is of legal age and has sufficient capacity to assume the obligations derived from their actions on the Website.
- Accepts the content of these conditions.
- Is informed that certain services may be subject to specific terms that, depending on the case, will replace, supplement, and/or modify these General Conditions. In case of contradiction, the terms of the specific conditions will prevail over these General Contracting Conditions.
These conditions will have an indefinite validity period.
1.-PARTIES TO THE CONTRACT
The parties to the contract are the CLIENT and DW SYSTEMS S.A. (hereinafter KA), located in Cocentaina, Avda d.'Alacant 69, with Tax ID: A-54542782.
DW SYSTEMS S.A. holds the rights to use and exploit the KA INTERNATIONAL brand.
To communicate directly and effectively with KA, you can send an email to the following address: info@ka-international.com, Monday to Friday from 9:00 am to 7:00 pm.
The CLIENT of KA's online store commits to providing truthful information about the data requested in the user registration or order forms and to keep them updated at all times.
The CLIENT agrees to accept these General Contracting Conditions, understanding that they reflect the best service intentions for the type of activity KA develops.
2.-OBJECT OF THE CONTRACT
The purpose of this contract is to regulate the contractual relationship of purchase and sale arising between KA and the CLIENT as outlined herein.
The contractual relationship of purchase and sale entails the delivery, in exchange for a specified price publicly displayed on the website, of a specific product.
3.-BASIC PRODUCT FEATURES
The features of the products will be detailed in each of the product descriptions published on the Website.
KA aims to display the color of its products as close as possible to the actual color. However, it is noted that fabric colors may vary depending on the user's monitor quality.
If you want to ensure the color, you can request fabric samples before proceeding with the purchase.
3.1.- Product Offer: Personalized products are those made exclusively to order after the CLIENT places the order. All products on the website www.ka-international.com that include a dropdown for the CLIENT to choose how they want the product made—selecting materials, fabrics, dimensions, colors, or
The charge on your card is made in real time through the virtual POS terminal, once it has been verified that the data provided by the CLIENT is correct. KA will not store any of your credit card information. At the time of processing your order, your card details will be transmitted encrypted and absolutely securely via SSL, solely for the purpose of making the payment corresponding to your order to the financial institution.
Credit cards are subject to verification and authorization by the issuing entity, but if such entity does not authorize the payment, we cannot consider the purchase contract formalized.
If the CLIENT chooses this payment method, they guarantee they have full authorization to use the credit or debit card in question during the purchase process.
5.2.-BANK TRANSFER PAYMENT
When selecting this option, once the order is confirmed, you must make a bank transfer for the total amount (including taxes) of your order to the following bank account:
Bank name: Banco Santander
Account holder: KA International (DW SYSTEMS, S.A.)
Amount: Enter the total amount of your order including taxes
Account number: ES22-0049-1854-6221-1014-3512
Include the order reference number in the subject or reference field of the transfer (a 9-character code you will receive by email in your order confirmation).
The order will be processed once we have received the bank transfer.
5.3.-PAYMENT VIA SEQURA: Split your purchase into 3 with opening cost
Split the payment for your order into 3 equal payments, interest-free, with just a 2.95% study fee charged at the time of purchase (minimum cost €2.95). The remaining payments have no associated costs. One payment per month. That’s it. Instantly and with no paperwork.
For example, if you choose to pay for a €100 order over 3 months, you would pay €33.33 at the time of purchase (+ opening cost of €2.95) and €33.33 in the following two months. The monthly charge is automatic on your card. Always on the same day of the month you made the purchase. If that day is not convenient for you, you can change it at no additional cost.
Here's how easy and quick it is to split your payment into 3 with SeQura:
1. Select Split into 3 with SeQura as your payment method at checkout.
2. Enter your details (ID and mobile) and pay the first installment (1/3 of the order + opening cost).
3. Enjoy your purchase! The remaining payments will be automatically deducted each month.
If you have any questions, you can resolve them here.
5.4.-DISCOUNT COUPONS
If the customer has a discount coupon due to a promotional action carried out by KA, they can enter the coupon code at the time of purchase, and a discount will be applied in accordance with the terms of the promotion. These discount coupons are not cumulative, and the customer can use only one per purchase.
Additionally, discount coupons cannot be combined with other active discounts at the time of purchase. If a product is on promotion, it will not be possible to use a discount coupon to receive an additional discount.
6.-SHIPPING
In the order confirmation, we will confirm the expected delivery date, which may require additional days for transportation.
Orders will be delivered to the destination indicated at the time of placing the online order. KA assumes no responsibility if the delivery cannot be made due to incorrect, inaccurate, or incomplete information provided.
The buyer agrees to facilitate the delivery of the requested order by providing an address where it can be delivered during regular delivery hours. In case of non-compliance by the client, KA will not be responsible for delays or the inability to deliver the requested order.
The logistics service will contact the buyer to arrange the delivery date and time. The buyer must inform the carrier if there are any access issues to their home, such as pedestrian streets, stairs, elevator and door sizes, etc. This is particularly important for furniture.
The buyer must indicate if a lift platform service is required to access the interior of the home from the façade for furniture delivery; these extra costs will be borne by the buyer.
If the recipient is absent at the time of delivery, KA reserves the right to make a second delivery, the cost of which will be charged to the client. If the goods cannot be delivered for reasons directly attributable to the buyer, KA reserves the right not to refund the amounts paid for the goods.
In case the order cannot be received by the recipient due to reasons beyond KA's control, or the recipient is repeatedly absent, KA assumes no responsibility and reserves the right to charge the client for the costs incurred.
If the buyer requests a change in the delivery address, additional costs incurred will be charged after prior communication and acceptance by the buyer.
If for any reason the buyer cancels an order before the delivery date, 50% of
Invoicing:
The invoice for products purchased by the CLIENT will be issued by KA and will include the Value Added Tax (VAT) applicable at the time.
The CLIENT expressly consents to the issuance of an electronic invoice. The electronic invoice will be sent by email. The CLIENT who qualifies as a consumer and user may revoke this consent by sending an email to the following address: info@ka-international.com.
9.-WARRANTY
KA will deliver to the CLIENT products that comply with the contract, that is, those that match the description provided, meet the specifications made by the CLIENT, and possess the qualities of the product presented to the CLIENT. KA will be liable for any non-conformity existing at the time of delivery of the product.
In accordance with Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, KA will be liable for any non-conformities in the products that arise within 3 years of delivery.
All KA products have a 3-year warranty against hidden manufacturing defects. This warranty can be extended by 6 months if registered on the website. To enforce it, proof of purchase or invoice must be presented.
This warranty includes the repair or replacement of the defective product and covers shipping, materials, and labor costs.
Normal wear and tear due to regular product use is expressly excluded from the warranty coverage. Damages caused by not following maintenance instructions, misuse, negligence, accidents, or incorrect installation are also not covered.
The warranty only covers the scope of the supply. It does not cover any costs for handling or fabrication, nor any type of compensation.
For fabrics, the following limitations in warranty coverage are expressly established:
The warranty is limited to the proper use of the fabric in decoration or upholstery. Incorrect or abnormal use invalidates the warranty. Burns from cigarettes, snags, or tears caused by clothing with metallic elements and other similar damages are expressly excluded from warranty coverage.
If the fabric is incorporated into another product, such as curtains, cushions, umbrellas, or any other item, and is damaged by the materials included in the item, the warranty will not apply. For example, if the fabric deteriorates because the rods of an umbrella pierce it or curtains are stained due to the oxidation of eyelets or hooks. Responsibility for the fabric’s deterioration in such cases lies with the cause of the damage.
The warranty does not cover damages to the fabric caused by force majeure circumstances, such as fires, floods, earthquakes, hurricanes, etc.
The cleaning and maintenance of the fabric will be the buyer’s responsibility. To apply the warranty, fabrics must be treated according to the washing and maintenance conditions specified for each fabric. The warranty will not apply in cases of lack of maintenance or cleaning.
If the warranty must be applied, Ka will supply new fabric free of charge. If the product is no longer in the collection, a fabric with similar characteristics and price may be proposed.
The warranty exclusively covers the fabric. Any other cost, such as handling, fabrication, installation, etc., is excluded. Ka may request the defective fabric for analysis.
10.-COMPLAINT PROCEDURE
In the event of non-conformity, error, defect, or deterioration attributable to KA, the CLIENT must notify KA via email at info@ka-international.com within two months of becoming aware of it, providing their details, the purchase reference number, and the detected anomaly or defect.
Failure to comply with this deadline does not imply the loss of the warranty, but the CLIENT will be responsible for any damages caused by the delay in communication.
European online dispute resolution platform:
The CLIENT residing in the European Union is informed that they also have the option to use the ODR platform (Online Dispute Resolution) via the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
This platform allows consumers and merchants to submit complaints through an electronic form available in all EU languages for matters related to e-commerce or online service provision, in accordance with Regulation 524/2013 of the European Parliament and the Council of May 21, 2013, and Directive 2013/11/EU on alternative dispute resolution in consumer matters.
For any inquiries about this online dispute resolution platform, the CLIENT can contact the EUROPEAN CONSUMER CENTER IN SPAIN (http://www.cec.consumo-inc.es/), located in Madrid (Spain), C/ Príncipe de Vergara, nº 54 C.P. 28.006. Phone: +34 91 822 45 55. Fax: +34 918224562. Email: cec@consumo-inc.es
11.-RIGHT OF WITHDRAWAL
In case of withdrawal from the purchase by the buyer, KA offers the customer a period of 14 business days to exercise their right to terminate the purchase contract without justification and proceed with its return. Cancellations must be communicated by email to KA (info@ka-international.com). KA will contact the buyer to proceed with the return. In this case, the consumer will bear the return costs and any associated damages to the product if applicable.
Returns of custom-made products (fabric by the meter, curtains, blinds, roll-ups, lampshades) or upholstered furniture will not be accepted. These products are custom-made following the buyer’s instructions and cannot be returned.
12.-RETURNS OF DEFECTIVE PRODUCTS
If the delivered products do not conform to the contract, due to being damaged or defective, the CUSTOMER must contact KA within 48 hours from receipt via the email address info@ka-international.com. The CUSTOMER must provide the details of the purchased product(s), indicate the detected defect, the date the order was placed, and the delivery date, as well as their name, surname, and email address. KA will contact the CUSTOMER to guide them on the next steps.
If the incident is not reported within this timeframe, KA reserves the right not to proceed with replacement or repair.
If the incident is not reported within this timeframe, KA reserves the right not to proceed with replacement or repair.
In any case, if the product defect is verified, all costs (including shipping costs) will be refunded, with the return costs covered by KA International.
13.-COPYRIGHT INFRINGEMENT
If ANY photos or images belonging to DW SYSTEMS S.A. are used or utilized, immediate legal action will be taken against the person responsible for the infringement of copyright.
14.-OUR RIGHT TO MODIFY THESE TERMS
We reserve the right to review and modify these Terms at any time.
You will be subject to the policies and Terms in effect at the time you use this website or place an order, unless changes to such policies, Terms, or Privacy Policy are required by law or decision of governmental authorities, in which case, any changes will also affect orders you have placed previously.
15.-PERSONAL DATA PROTECTION
The personal information or data you provide to us will be processed in accordance with the Privacy Policy. By using this website, you consent to the processing of such information and data, and declare that all the information or data you provide is truthful and accurate.
Under the Personal Data Protection regulations, we inform you that the data you provide through the website will be included in the files and data processing systems owned by DW SYSTEMS S.A., for the purpose of managing the sale of the selected products, as well as, if applicable, sending you information, including via electronic means, about matters related to the company’s activity and services.
Your data will be processed based on the legal basis of the contractual obligation of this commercial relationship and will be stored for the period required by tax regulations. Please read the Privacy Policy section carefully.
We inform you that some of your data will be shared with logistics operators to enable them to deliver the purchased products.
You may exercise, at any time, your rights of access, rectification, deletion, opposition, restriction of processing, and portability by sending an email to info@ka-international.com, attaching a photocopy of your ID.
16.-DISCLAIMER OF LIABILITY
Unless explicitly stated otherwise in these Terms, our liability concerning any product purchased on our website will be strictly limited to the purchase price of such product. However, and unless legally required otherwise, we will not accept any liability for the following losses, regardless of their origin:
(i) loss of income or sales;
(ii) loss of business;
(iii) loss of profits or loss of contracts;
(iv) loss of expected savings;
(v) loss of data; and
(vi) loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless explicitly stated otherwise on the site.
13.-COPYRIGHT INFRINGEMENT
If ANY photos or images belonging to DW SYSTEMS S.A. are used or utilized, immediate legal action will be taken against the person responsible for the copyright infringement.
14.-OUR RIGHT TO MODIFY THESE TERMS
We have the right to review and modify these Terms at any time.
You will be subject to the policies and Terms in effect at the time you use this website or place an order, unless changes to such policies, Terms, or Privacy Policy are required by law or decision of governmental authorities, in which case, any changes will also affect orders you have placed previously.
15.-PERSONAL DATA PROTECTION
The personal information or data you provide to us will be processed in accordance with the Privacy Policy. By using this website, you consent to the processing of such information and data, and declare that all the information or data you provide is truthful and accurate.
Under the Personal Data Protection regulations, we inform you that the data you provide through the website will be included in the files and data processing systems owned by DW SYSTEMS S.A., for the purpose of managing the sale of the selected products, as well as, if applicable, sending you information, including via electronic means, about matters related to the company’s activity and services.
Your data will be processed based on the legal basis of the contractual obligation of this commercial relationship and will be stored for the period required by tax regulations. Please read the Privacy Policy section carefully.
We inform you that some of your data will be shared with logistics operators to enable them to deliver the purchased products.
You may exercise, at any time, your rights of access, rectification, deletion, opposition, restriction of processing, and portability by sending an email to info@ka-international.com, attaching a photocopy of your ID.
16.-DISCLAIMER OF LIABILITY
Unless explicitly stated otherwise in these Terms, our liability concerning any product purchased on our website will be strictly limited to the purchase price of such product. However, and unless legally required otherwise, we will not accept any liability for the following losses, regardless of their origin:
(i) loss of income or sales;
(ii) loss of business;
(iii) loss of profits or loss of contracts;
(iv) loss of expected savings;
(v) loss of data; and
(vi) loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless explicitly stated otherwise on the site.
17.-FORCE MAJEURE
We shall not be liable for any failure or delay in performing any of the obligations undertaken if such failure or delay is caused by events beyond our reasonable control ("Force Majeure Event"). Force Majeure Events shall include any act, event, lack of exercise, omission, or accident beyond our reasonable control, including but not limited to the following:
(i) Strikes, lockouts, or other labor disputes.
(ii) Civil unrest, riots, invasion, terrorist threats or attacks, war (whether declared or not), or preparations for war.
(iii) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
(iv) Inability to use trains, ships, planes, motor transports, or other means of transport, public or private.
(v) Inability to use public or private telecommunications systems.
(vi) Acts, decrees, legislation, regulations, or restrictions by any government or public authority.
It will be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will be granted an extension in the timeframe to fulfill those obligations equal to the duration of the Force Majeure Event. We will make all reasonable efforts to bring the Force Majeure Event to an end or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
18.-INTEGRITY
These Terms and all documents expressly referenced therein constitute the entire agreement between you and us regarding the subject matter hereof and replace any prior pact, agreement, or promise made between you and us, whether verbal or written.
You and we acknowledge that we have entered into the contract without relying on any representation or promise made by the other party or inferred from any statement or writing in the negotiations conducted by both prior to this contract, except for what is expressly mentioned in these Terms.
Neither you nor we will have any action based on any uncertain statement made by the other party, verbal or written, prior to the contract date (unless such uncertain statement was made fraudulently), and the only action available to the other party will be for breach of contract in accordance with these Terms.
If any of these Terms or any provision of a contract are declared null and void by a final ruling from a competent authority, the remaining terms and conditions shall remain in full force, unaffected by the declaration of nullity.
19.-GOVERNING LAW AND JURISDICTION
These Terms of use and privacy policy shall be governed by Spanish law.
In the event of any conflict or disagreement regarding the interpretation or application of these contractual conditions, both parties submit, with express waiver of any other jurisdiction, to the Courts and Tribunals of Alcoy (Spain), unless the applicable legal regulations regarding jurisdiction provide otherwise.
If the buyer is domiciled outside of Spain, both parties submit, with express waiver of any other jurisdiction, to the Courts and Tribunals of Alcoy (Spain).