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Terms and conditions

1st – Legal FrameworkIn compliance with current regulations, the entity KUMARAS FUSION, S.L.U. operating through the website WWW.TERMASDEHISPALIS.COM, hereby presents the general terms and conditions of contract for the products and/or services offered through it, which establish the rights and obligations of the parties involved. 2nd – Identification These General Terms and Conditions of Contract (hereinafter referred to as “Conditions”) regulate the relationship between KUMARAS FUSION, S.L.U. (hereinafter referred to as the “Provider”) and the customers (hereinafter referred to as the “User”), concerning all transactions carried out through the online store website. 2.1 – Offering Company LEGAL NAME: KUMARAS FUSION, S.L.U. TRADE NAME: KUMARAS FUSION, S.L.U. VAT: B90122011 ADDRESS: CALLE STA. MARÍA LA BLANCA, 5 CITY: SEVILLA PROVINCE: SEVILLA POSTAL CODE: 41004 PHONE: 679532912 EMAIL: gerencia@kumarasspa.com And on the other hand: 2.2 – The User The user or customer shall be understood as the internet user who acquires this status through registration on the website, using a form and being assigned a username and password, for which they have full responsibility for use and custody, being responsible for the accuracy of the personal data provided to the provider, as we will see in the User Registration section. 3rd – Acceptance By accepting these Conditions, the User declares:
  1. That they are a person with legal capacity to contract under current regulations.
  2. That they have read and accepted these Conditions.
4th – Availability The User will always have access, prior to the start of the product contracting procedure, to the conditions, which can be stored and/or reproduced in a durable medium. 5th – Validity or Duration The validity or duration period of these General Terms and Conditions of Contract and specific conditions of contract shall be the time they are published on the mentioned website and shall apply from the moment the User uses the website and/or proceeds to contract any products. 6th – Modifications The Provider reserves the right to unilaterally modify these Conditions, without affecting the goods or promotions that were acquired prior to the modification by the User. The User agrees to carefully read the contract conditions each time they proceed to contract a product, as these conditions may have been modified since their last access. 7th – Nullity If any clause included in these Conditions is declared totally or partially null or ineffective, such nullity shall only affect said provision or the part thereof that is null or ineffective, while the rest of the Conditions shall remain in force. 8th – Object of the contract The purpose of this contract is to regulate the contractual relationship of sale between the provider and the user at the moment the user accepts the purchase during the online contracting process through the mechanisms described below. The contractual relationship of sale involves the delivery, in exchange for a specified price publicly displayed on the website, of one or several specific products. Each of these products may be subject to specific regulations through the specific conditions of contract for each of them, which will be detailed further in the section on warranty, returns, withdrawal, or in the product’s technical sheet itself, due to the different formats in which the products are marketed, their packaging, or their own nature. 9th – User Registration The user may register on the website at the time of their first purchase. They must provide the required personal information, which will be: name and surname, country, address, postal code, city, province, telephone, and email. Subsequently, they must select the option “create an account.” The user will choose a username and a password, committing to use them diligently and not make them available to third parties. They must also notify the provider immediately in case of loss or theft, or in case of possible unauthorized access by a third party, so that the provider can block them immediately. The user is fully responsible for their use and custody and is responsible for the accuracy of the personal data provided to the provider. The user may not choose as their username words intended to confuse others by identifying them as a member of the provider, as well as profane, insulting, or generally contrary to the law or moral and good customs expressions. 10th – Geographic Scope This website operates and sells only in the Iberian Peninsula. Hereinafter, this geographic area shall be referred to as “the Territory.” Therefore, shipments and distribution of products are carried out only within the Territory. The use of this website and any purchase made on it is considered to be made in Spain and is therefore subject to the current Spanish laws and regulations. The Provider does not accept or deliver orders outside the mentioned Territory. The above is without prejudice to the fact that we may offer these services in excluded areas in the future, in which case it will be announced in advance on this website. 11th – Product Information The Provider pays great attention to the information regarding the characteristics of the products, providing technical descriptions and photographs that illustrate the products. All of this is done within the limits of technology and in accordance with market standards. 12th – Taxes, Currency, and Shipping Costs In accordance with current regulations, all purchases made through the website are subject to Value Added Tax (VAT). The products and services offered by this entity include Value Added Tax (VAT) and will always be expressed in the Euro currency (€). 13th – Language of the Contract The contracting procedure and pre-contractual information are in Spanish, and this language will be used for the contracting process. 14th – Steps of the Contracting / Purchase Process 14.1 – Registration At the beginning of the product contracting process on www.termasdehispalis.com, the option to register as a user is offered at the time of the first purchase. Once registered successfully, the user can access the control panel of their profile using their username and password to manage all the functions provided by the website. They can access the “Dashboard,” the main panel where user options are located; “Orders,” where they can view the order and purchase history; “Addresses,” where the user can modify the delivery and billing address; and “Account Details,” where the user can modify their personal data, username, and password. They can also log out of the control panel. 14.2 – Purchase Process The purchase process is easy and straightforward. For guest users: Product selection. Access to the shopping cart. Input of personal and billing information. Payment. For registered users: Product selection. Access to the shopping cart. Input of personal information (this option will disappear after the first purchase). Payment. Considerations to keep in mind during the purchase process. 15th – Product Availability Products and services are always available on the website as there is no stock. 16th – Types of Products The website offers a wide variety of spa circuit services, as well as massages. 17th – Maximum Order Amount There is no maximum order limit. 18th – How to Modify or Cancel My Order Products can be added to the cart and expanded until the user decides to proceed to payment. To cancel an order after making a purchase, the user can cancel it with a full refund as long as they notify the company 48 hours in advance of the reservation date. To request the cancellation of an order, the user should call the phone number 638 749 337. 19th – Shipping Costs, Methods, and Delivery Time 20th – Delivery Time 21st – Invoice Where can I view my invoice? The invoice can be viewed and downloaded in the user’s control panel. Additionally, the invoice will be sent to the user’s email address. 22nd – Value Added Tax In accordance with current regulations, all purchases made through the website will be subject to Value Added Tax (VAT). 23rd – Payment Methods As a general rule, the User can choose the following payment method:
  1. A) By credit/debit card, through the Redsys payment gateway, providing the following information: (i) Name and surname; (ii) Card number; (iii) CVV/CVC; (iv) Card expiration date; If the payment platform indicates that the card has been declined, the order will be automatically canceled, and the customer will be informed online at that moment, as mentioned earlier. The option to save your card information in our database is not available, as the information will be filled out on the secure website of the chosen bank entity.
24th – General Provisions on the Payment Process
  • The payment order given by the User necessarily implies adherence to these General Conditions as well as the specific conditions of the order. – For any chosen payment method, all payments will be subject to the terms and conditions applicable to the User by the participating financial entities or secure payment platforms (e.g., Visa, Mastercard, Iupay, etc.). In any case, through the website, the User will always have access to the information regarding their orders and invoices. The Provider reserves the right to cancel payments or orders in the event of suspected fraudulent activity, notifying the competent authorities of any conduct that may be subject to investigation for the prevention of fraud.
25th – Returns of Defective, Damaged, Incorrect Products, or Exercising the Right of Withdrawal According to the regulations, the right of withdrawal for the service contracted with KUMARAS FUSION, S.L.U is described in section 18th. 26th – Exceptions to the Right of Withdrawal The right of withdrawal does not apply to the delivery of: Withdrawal Document Products that may have their nature altered. 27th – Customer Support: Help, Suggestions, and Complaints The user can contact the company by phone at 954423398 or by email at info@termasdehispalis.com. The customer support hours are from Monday to Sunday, from 10:00 to 14:00 and 22:00. The address is CALLE STA. MARÍA LA BLANCA, 5. 41004. SEVILLE. 28th – Product Warranty The user has a period of 3 months to redeem the purchased product or service. If not redeemed within that time, the user will lose the option to enjoy it and will not be able to make any claims. 29th – Provider’s Rights Retain, modify, or suspend their website without prior notice. Modify the prices of the offers. Reject orders due to lack of stock or customer non-payment. Deny access to computer tools to customers in case of non-compliance with these conditions. Receive the amount of customer purchases, once the transaction is accepted. Reserve the ownership and full property of the item until full payment is made by the customer. Not reproduce, sell, or dispose of the information published by the Provider in all its contents without express permission from the company itself. Correct or amend human or computer errors. 30th – Limitation of Liability All information provided by the User to the Provider through the corresponding forms must be truthful. It is the User’s responsibility to keep the supplied data up to date. In any case, the Provider is exempt from any liability for damages or harm caused as a result of providing false, insufficient, inaccurate, or incorrect information. Access to the website does not imply any obligation on the part of the Provider to verify the authenticity, suitability, completeness, accuracy, adequacy, and updating of the information provided by the User through the corresponding forms. The Provider will not be responsible in cases where it is the responsibility of parents, guardians, or legal representatives of underage or incapacitated Users to authorize access, provision of personal information, or use of the website or the contracting of any products or services provided through the applications or web platform. It will be the responsibility of the aforementioned parents, guardians, or legal representatives to supervise the access and use of minors or incapacitated individuals in relation to the contracting of products and services provided through WWW.TERMASDEHISPALIS.COM. The User’s access to the Content does not imply any obligation on the part of the Provider to control the absence of viruses or computer elements that may have any harmful effect on the User’s computer equipment. In any case, it will be the User’s responsibility to have the necessary tools to detect such viruses or harmful computer elements. Consequently, the Provider will not be responsible for any possible damage caused to the Users’ or third parties’ computer equipment during access to the Content. The Provider will not be liable for interruptions in electrical or telecommunications services that prevent users from using the services offered. 31st – Applicable Law and Jurisdiction These conditions will be governed or interpreted in accordance with Spanish legislation insofar as it is not expressly established otherwise. The Provider and the user agree to submit any dispute that may arise from the provision of the products or services subject to these conditions to the Courts and Tribunals of the user’s domicile. In the event that the user has their domicile outside of Spain, the Provider and the user expressly waive any other jurisdiction, submitting to the Courts and Tribunals of the domicile of THE OWNER OF THE WEBSITE. 32nd – Online Dispute Resolution Platform for Consumers and Merchants The European Commission has launched a platform to assist consumers and merchants in resolving disputes related to online purchases. Platform address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES
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