General terms and conditions of booking.
2. Identification
These General Terms and Conditions of Booking (hereinafter referred to as the “Conditions”) regulate the relationship between KUMARAS FUSION, S.L.U. (hereinafter the “Provider”) and the customers (hereinafter the “User”), regarding 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 by registering on the website using a form and being assigned a username and password. The user is fully responsible for the use and custody of these credentials and is responsible for the accuracy of the personal data provided to the provider, as we will see in the User Registration section.
3. Acceptance
By accepting these Conditions, the User declares:
- That they are a person with the legal capacity to contract according to current regulations.
- That they have read and accept these Conditions.
4. Availability
The User shall always have access, prior to initiating the product booking process, to the conditions, which can be stored and/or reproduced in a durable medium.
5. Validity or Duration
The validity or duration of these General Terms and Conditions of Booking and specific terms and conditions of booking shall be the time during which they remain published on the mentioned website and shall be applicable from the moment the User uses the website and/or proceeds to book any product.
6. 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 booking conditions each time they book a product, as they may have been subject to modification since their last access.
7. Nullity
If any clause included in these Conditions is declared totally or partially null or ineffective, such nullity shall only affect that provision or the part thereof that is null or ineffective, while the rest of the Conditions shall remain in full force and effect.
8. 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 booking process through the mechanisms set out below.
The contractual relationship of sale involves the delivery, in exchange for a specified price publicly displayed on the website, of one or more specific products.
Each of these products may be subject to specific regulations through the specific terms and conditions of each product, which will be detailed in the warranty, returns, withdrawal, or in the product’s technical specifications themselves, due to the different formats in which the products are marketed, their packaging, or their own nature.
9. User Registration
The User may register on the website at the time of their first purchase. They must enter the required personal data, which are: 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 promptly notify the Provider in case of loss, theft, or unauthorized access by a third party, so that the Provider can immediately block them. 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 cannot choose as a username words intended to confuse others by identifying them as a member of the Provider, as well as offensive, defamatory expressions, or those contrary to the law or moral and good customs.
10. Geographic Scope
This website operates and sells only in the Iberian Peninsula. Hereinafter, this geographic area will be referred to as “the Territory.” Therefore, shipments and distribution of products are only made within the Territory. The use of this website and any purchases made on it are considered to be made in Spain and are therefore subject to the current Spanish laws and regulations. The Provider does not accept or deliver orders outside of the mentioned Territory.
The above is stated without prejudice to the possibility that we may offer these services in excluded areas in the future, in which case it will be announced in advance on this website.
11. Product Information
The Provider pays great attention to the information regarding the characteristics of the products through technical descriptions and photographs that illustrate the products. All this is done within the limits of the technical aspects and respecting market standards.
12. Taxes, Currency, and Shipping Costs
In accordance with current regulations, any purchase made through the website will be 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 currency Euro (€).
13. Language of the Contract
The contracting procedure and pre-contractual information are in Spanish, and this language will be used for the contracting process.
14. Steps of the Contracting / Purchase Process
14.1. Registration
When initiating the product contracting process on www.KUMARASSPA.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’s provider. They can access the “Dashboard,” a main panel where user options are available; “Orders,” where they can view their order and purchase history; “Addresses,” where the user can modify the delivery and billing address; and “Account Details,” where the user can update their personal information, username, and password. They can also log out from the mentioned control panel.
14.2. Purchase Process
The purchase process is easy and straightforward.
For guest users:
Product selection.
Access to the shopping cart.
Entry of personal and billing information.
Payment.
For registered users:
Product selection.
Access to the shopping cart.
Entry of personal information (this option will disappear after the first purchase).
Payment.
Provisions to consider in the purchase process.
15. Product Availability
The products and services are always available on the website since there is no stock.
16. Types of Products
The website offers a wide variety of spa circuit services as well as massages.
17. Maximum Order Amount
There is no maximum order amount.
18. How to Modify or Cancel My Order
Products will be added to the cart, and therefore, they can be modified until the user decides to pay. When they decide to pay, they should access the shopping cart.
To cancel an order after making a purchase, the cancellation can be made with a full refund if the user notifies the company 48 hours in advance of the reservation date.
To request the cancellation of the order, the user must call the phone number 638 749 337.
19. Shipping Costs, Methods, and Delivery Time
20. Delivery Time
21. Invoice
Where can I check 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.
22. Value Added Tax (VAT)
In accordance with current regulations, any purchase made through the website will be subject to Value Added Tax (IVA).
23. Payment Methods
In general, the user can choose the payment method:
- A) By credit/debit card through the Red`sys payment gateway, providing, among others:
(i) Name and surname;
(ii) Card number;
(iii) CVV/CVC;
(iv) Card expiration date;
If the payment platform informs of card rejection, the order will be automatically canceled, and the customer will be informed of the cancellation online and immediately, as mentioned earlier. THE OPTION OF SAVING YOUR CARD DETAILS IS NOT ALLOWED. Your card details will not be stored in our database since they will be filled out on the secure website of the chosen bank entity.
24. 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 payment method chosen by the User, all payments will be subject to the terms and conditions applicable to the User by the intervening 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 information about their orders and invoices.
The Provider reserves the right to cancel payments or orders in the event of indications of fraudulent transactions, notifying the competent authorities of any conduct that may be subject to investigation for fraud prevention.
25. Returns of Defective, Damaged, or Incorrect Products or Exercising the Right of Withdrawal
In accordance with the applicable regulations, the right of withdrawal for the service contracted with KUMARAS FUSION, S.L.U is reflected in section 18.
26. 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.
27. Customer Service: Help, Suggestions, and Complaints
The user can contact the company by phone at 954423398 or by email at info@kumarasspa.com. The customer service hours are from Monday to Sunday, from 10:00 AM to 2:00 PM and from 10:00 AM to 10:00 PM. The address is CALLE STA. MARÍA LA BLANCA, 5. 41004. SEVILLE.
28. Product Warranty
The user has a period of 3 months to redeem the purchased product or service. If this is not done within that time, the user will lose the option to enjoy it and will not be able to make any claims.
29. Rights of the Provider
Preserve, modify, or suspend their website without prior notice.
Modify the price of 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 payment for customer purchases, once the transaction is accepted.
Reserve ownership and retain full ownership 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 content without express permission from the company.
Proceed to correct or amend human or computer errors.
30. 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 properly updated with the Provider. In any case, the Provider is not liable for any 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, provide personal information, or use the website or to contract 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 the minor or incapacitated person to contract the products and services provided through WWW.KUMARASSPA.COM.
User 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 a harmful effect on the User’s computer equipment. In any case, it is the User’s responsibility to have the necessary tools to detect such viruses or harmful computer elements. Therefore, the Provider will not be responsible for any possible damages caused to the User’s or third party’s computer equipment during access to the Content.
The Provider will not be held responsible for any interruptions that may occur in the electrical or telecommunications services that prevent users from using the offered services.
31. Applicable Law and Jurisdiction
These conditions will be governed and interpreted in accordance with Spanish law in cases where 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 covered by these conditions to the Courts and Tribunals of the user’s domicile.
In the event that the user’s domicile is outside of Spain, the provider and the user expressly waive any other jurisdiction and submit to the Courts and Tribunals of the domicile of THE WEBSITE OWNER.
32. Online Dispute Resolution Platform for Consumers and Traders
The European Commission has launched a platform to assist consumers and traders in resolving disputes related to online purchases.
Platform address:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES
