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Data Protection Policy & General Conditions

GENERAL INFORMATION


We attach great importance to the protection of your personal data and their processing in accordance with the relevant legal provisions, in particular in accordance with the General Data Protection Regulation of 27 April 2016 ("GDPR"). It is our aim to provide you with information and full control in the scope of the processing of your data.

Below we explain how we collect and use your personal information, how we provide you with security and to whom we provide your data. If you have any further questions about our use of your data, please write to us at: kabahmediterranea@gmail.com


INTRODUCTION

This document sets out the legal conditions governing the use of this website and the purchase of products on it.

Please read these terms and conditions carefully before using this website or making a purchase through this website. By using this website or placing an order you agree to be bound by these terms and conditions and if you do not agree to these terms and conditions, do not use this website.

The legal conditions set out in this document may be modified at any time and without prior notice in order to adapt them to current regulations, or to the characteristics of the market. It is your responsibility to read them at the time you are going to use the website or place an order through it, because these conditions will be those in force and applicable at the time.

HOW DO WE GET YOUR DATA?

We use your personal data, because you decided to make a purchase in our online shop www.kabah.es ("Shop") or you have agreed to receive commercial information by electronic means to the e-mail address provided about the offer of our site or otherwise provided us with your data using our website. The shop operates in accordance with General Terms and Conditions "Ecommerce", based on respect for the privacy of the data provided and which will not be shared with any entity outside the company KBH KABAH.

WHO MANAGES YOUR DATA?

This website under the name KBH KABAH is operated by Olga Salvador Echevarría, domiciled at Calle Verdolaga 8 - 03700 Denia (Alicante) with D.N.I. 28989114Y, who is responsible for the administration of the data.


 HOW DO WE MANAGE YOUR PERSONAL DATA?

The information or personal data that you provide about yourself through an order form, newsletters or any other form on this website will be treated in accordance with our privacy policy.

By using this website, you consent to the processing of such information and data and declare that the information you provide is true and accurate.

If you use services from our Shop, we will process your personal data for the following purposes:

  • In order to carry out the contracts of sale of goods from the Shop concluded with you, the basis for the processing of your data in this case shall be the contract concluded with the Administrator by accepting the Shop regulations. In this regard, we will ask you for as much data as possible, but only as much as is necessary to carry out the sales contract and deliver the purchased goods to you; providing your personal data for this purpose is not obligatory, but it is necessary for carrying out the contract.

  • In order to maintain your account on the Shop website, the basis for processing your data will in this case be the contract concluded with the Administrator by creating an account and accepting the Shop's policy. Creating an account in the Store will also allow you to access the data provided by you, including the history of your purchases, and to exercise certain rights related to data processing; providing your personal data for this purpose is not mandatory, but is necessary to perform the contract.

  • For the realization of the complaint process, in this case, the basis of the processing is the obligation of the Administrator arising from the legal provision on the warranty for defects of the item sold. Providing data in the complaint form is mandatory for the correct consideration of your complaint.

  • If you give your additional consent, we will send commercial information to the e-mail address provided by you regarding the products offered for sale in the Store, including promotional offers; in this case, the basis for processing is your consent, which is not mandatory and can be withdrawn at any time by contacting us or by clicking on the link we send in each e-mail containing commercial information. The withdrawal of consent does not affect the correct processing of data in the period prior to its withdrawal.

  • If you give your additional consent, we will send you commercial information to the cell phone number provided by you about the products offered for sale in the Store, including promotional offers; in this case, the basis for processing is your consent, which is not mandatory and you can withdraw it at any time. moment by contacting us, for example, for the data mentioned above. Revocation of consent does not affect the correct processing of data in the period prior to its revocation.

  • To send you personalized marketing messages on the Store website, for example, in the form of suggestions to purchase products through profiles. The messages will be prepared based on the analysis of your purchases; the basis for processing your data in this case will be the legitimate interest of the Administrator in marketing the products offered in the Store, both the products of the Administrator and suppliers.

  • For statistical purposes for the internal needs of the Administrator - in this case, the basis of the processing will be the legitimate interest of the Administrator in collecting information that allows the development of activities and tailoring services to the needs of the users of the Store.

  • In order to confirm the fulfillment of our obligations and to pursue claims or defend ourselves against claims that may be directed against us, prevent or detect fraud - the basis for processing your data in this case will be the legitimate interest of the Administrator, which is the protection of rights, confirmation of the fulfillment of obligations and obtaining it due remuneration from the Administrator's clients.

  • We focus on transparency in our processing of your personal data. If you have any questions about the process or the rules of your processing, please contact us.

  • We process your data in accordance with the law, ensuring that it is up to date and correct. Therefore, from time to time, we will remind you to update your data by sending a message to the e-mail address provided by you.

Your personal data will not be processed for the purpose of making automated decisions without your consent.


HOW LONG WE WILL STORE YOUR PERSONAL DATA

We will treat your personal data provided by you in the period:

Necessary to perform the sales contract, as well as your claims, as well as to confirm the fulfillment of our obligations and to file claims or defend us against claims that may be directed against us, but not more than 6 years from the date you provide us with your data.

If you submit a request to delete your Shop account, we may process your data for the period necessary to confirm compliance with our obligations and to make claims or defend against claims that may be directed against us, but not longer than 6 years from the date you provide us with your data.


HOW WE PROVIDE SECURITY FOR YOUR PERSONAL DATA

We use a number of organizational and IT security measures aimed at minimizing the risk of data leakage, destruction and its disintegration, such as: firewall system, anti-virus and anti-spam security systems, internal access procedures, data processing and data recovery. Our store provides a high level of security thanks to the use of web application firewall (WAF) and a security system against DDoS attacks, using a high level of encryption of HTTPS, SSL connection in accordance with the best practices adopted.


TO WHOM WILL WE PROVIDE YOUR PERSONAL DATA?

We will transfer your data to entities that cooperate with us in the execution of the contract of sale of the goods purchased by you:

Binhex Systems Solutions SL, in the scope of the operation of the website and sales of the Shop, on the basis of a data processing agreement.

To the Redsys platform as payment gateway.

To the means of transport that you hire for the shipment of the goods.

Other payment operators with whom we will establish cooperation to receive the price of the goods purchased by you.


WHAT RIGHTS DOES THE USER HAVE IN THE AREA OF DATA PROCESSING?

According to the GDPR, you have several rights in relation to the provision of your personal data, such as:

The right to information about how your personal data is processed: if you have any questions about whether and how we process your data, please contact us using the contact form provided on this website or by sending information to info@kabah.es, we will be happy to answer.

The right to access and update data: you always have access to your personal data in your Shop account. There you can edit the data you provided to us and update them. If you have not created a Shop account, please contact us via the contact form on this page or write to our Data Protection Officer to request access to your data; we will provide you with information about your data and update it upon request.

Under the terms of the GDPR, you also have the right to:

Deletion of data: if you want us to stop processing your data, you can delete your Shop account or send such a request to us. However, please remember that this is not an absolute right and we may refuse to delete your data for which we have a basis for processing (for example, compliance with a legal obligation or pursuing claims or defending against claims that may be directed against us.

Requests to limit the processing of your data.

Objections to the processing of your data, if the basis for the processing is the legitimate interest of the Administrator or the performance of tasks in the public interest.

Withdraw consent, if the data is processed on the basis of your consent.

Transfer of data, if the processing is based on a contract or your consent.

You may exercise all of the above rights by contacting our Data Protection Officer by sending an email to the address: info@kabah.es.


INTELLECTUAL PROPERTY

The ownership of this website, copyright and KABAH trademark of the products offered in it, as well as the contents, photographs, designs and any other elements that are part of it are the property of Olga Salvador Echevarría.

It is expressly forbidden to publish all or part of any content of this website without the express written authorization of Olga Salvador Echevarría.

In any case, this authorization shall not entail the transfer of any right over them.

TERRITORIAL SCOPE

The items offered through this website are available for shipment throughout the European Union, USA, Canada, Japan and Russia.

The indicative shipping price on the web is referred to National Territory, except Ceuta, Melilla and the Canary Islands. Consult shipping prices for these cities as well as any country outside Spain.

WEBSITE USE

By using our website to purchase a product you agree to place legally valid orders and not to place false or fraudulent orders. Our company reserves the right to cancel any order that does not comply with these conditions.

You also agree to provide us with your shipping address and e-mail address truthfully and completely, and all the data necessary for the shipment of the products purchased through our website.

You also authorize us to use them to contact you if necessary.

CONCLUSION OF CONTRACT

The purchase contract between you and our company for the purchase of any item offered on our website will be deemed to be formalized when our company expressly accepts your order.

To purchase on our website you must follow our purchase procedure and click on "authorize payment". Our company will then send you an e-mail confirming the order. The formalization of the contract will occur at the moment we send you a second email confirming the shipment of the order.

Our company is not responsible for the shipment of any product that is not expressly listed in this mailing.

If the customer had advanced any amount prior to the acceptance of the order and this had not been finally accepted our company will reimburse the amount of such charge.

By placing an order through this website you declare that you are of legal age and have the legal capacity to enter into contracts.

PRODUCT AVAILABILITY

All orders are subject to the availability of the product ordered. If for any reason our company is unable to supply the ordered product, the amount paid will be refunded without the right to any further claim.

The company reserves the right to remove any product or content from this website without any liability to you or any third party even if our company has already sent the order confirmation.

In this case and if you had advanced any amount it would be fully refunded.

HOW DO WE DELIVER?

Unless extraordinary circumstances occur, the company will DELIVER THE ITEM ON THE DATE SPECIFIED IN THE ORDER CONFIRMATION.

If there is no delivery date, it is understood that the company will ship the order within a maximum of 10 working days from the date of confirmation.

If for any reason the delivery of the product is not possible on the agreed date, our company will contact you to arrange a new delivery date.

If you are not interested in receiving the order on a new delivery date, we will refund the full amount advanced by you.

If after two delivery attempts, we will leave you a note notifying you where you can pick up your order and the process to pick it up.

If after 15 days you have not picked up the order it will be deposited in our central warehouses pending receipt of a written communication from you where and when you want to receive the product again, then you must pay the amount of both the return of the product and the new shipment to the address you specify.  AFTER THREE MONTHS FROM THE INITIAL DELIVERY ATTEMPT AND WITHOUT THE RECIPIENT HAS NOT CONTACTED THE COMPANY, THE COMPANY WILL NOT BE RESPONSIBLE AND THE CUSTOMER WILL CONSIDER THE PURCHASE LOST.

TRANSFER OF OWNERSHIP

You will acquire ownership of the product once you have paid the full price. The responsibility derived from this ownership will become exclusively yours.

PRICE & PAYMENT

The price of the products are those listed on our website.

Although our company assures you that the prices are correct, occasionally an error may occur. In this case the company will contact you to offer you the product at the correct price or to cancel the order if you decide to do so, refunding the amount paid for it.

In no case will the company be obliged to send a product at a lower price than the correct one, nor will it have any responsibility for not doing so, other than the refund of the amount paid for it.

Product prices are subject to change at any time. However, they will be maintained for those orders that have been confirmed.

The prices of the products include VAT and not the transport that will be charged to the customer and will be added as a charge at the end of your purchase.  Once you have made your purchase, the selected items will be added to your basket. Then you will have to process the order and make the corresponding payment.

You can pay with VISA and MASTERCARD cards.

We use a secure payment platform to make your transaction completely safe.

By clicking on "Authorize payment" you are confirming that the credit card is yours.

Payment by credit card is subject and conditioned to the pertinent verifications and authorizations by the issuing entity. If your bank does not authorize the payment, our company is not responsible for not being able to formalize the contract with you.


HOW DO WE HANDLE RETURNS AND EXCHANGES?

If you decide to exchange the product you have purchased, you may do so for one of the same model in another color and size or for another item of the same price or higher. Never lower.  In the event that the amount is higher, the corresponding difference between items and additionally the return and new shipping costs will be paid.

It is established that in the case of purchases made online, exchanges and returns will be made strictly online.

When you consider that, at the time of receipt of your order, it does not correspond to what was stipulated in your contract, you must communicate it immediately within a period not exceeding 48 hours from the date of delivery to the customer by return form provided for this purpose or to our email ventas@kabah.es providing us with your details and specifying the damage suffered by the product.


Our company will carefully examine the returned product and will proceed to its replacement if it really considers that it is deteriorated in a reasonable time not exceeding 30 days since it was sent to you in a mail informing you of the replacement of the product.

If it is not possible to replace the product, the customer will be reimbursed the amount paid for it. In both cases the transport will be paid by our company. In the event that it is determined that the damage of which we are informed is not the responsibility of the company, and it can be demonstrated, the company reserves the right to NOT RETURN the product. Therefore, it would not correspond a refund of the money paid for it.

Both for returns and exchanges the products must be sent with the original packaging and labels along with the receipt or invoice of purchase and in no way may they have been used. They will be returned in perfect packaging condition, as they were delivered to you.

Exchanges will not be accepted on costume jewelry, handbags and headdresses.

RESPONSIBILITY

Our liability in connection with any product purchased on our website shall be limited to the purchase price of such product.

NOTIFICATIONS AND COMMUNICATIONS

By using this website you agree that most of the notifications and communications with you will be electronic, either through the email address you provide or through notices posted on the website.

For contractual purposes you agree and consent to use this electronic means and acknowledge that any contract or notice sent by this means complies with the legal requirements of being in writing.

Your communications to us should be sent by e-mail or certified mail with return receipt requested.

Notifications will be deemed to have been received at the moment they appear on our website, 24 hours after sending an e-mail and 72 hours after sending a letter.

RESIGNATION

The breach by either party of any of the obligations assumed by you and the company under a contract or these conditions or the failure by us to exercise any rights we may have under such contract or conditions shall not waive or limit such rights or relieve you of any rights or obligations.

PARTIAL NULLITY

If a provision of a contract or any of these terms and conditions is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.

FULL AGREEMENT

These terms and conditions and all documents, contracts etc. constitute an entire agreement between you and our company in relation to the subject matter of the contract.

MODIFICATIONS OF THE CONDITIONS

Our company reserves the right to modify these conditions at any time. The relationship with you will be subject to the conditions in force at the time the contract becomes effective or when you use the website, unless by law they should be changed retroactively, which would also affect contracts and orders placed previously.

APPLICABLE LEGISLATION

Both the purchase contracts through the Web site and the use of this shall be governed by Spanish law.

In case of conflict, you submit to the courts of Denia (Alicante), expressly waiving any other jurisdiction that may correspond to you.

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