TERMS OF SERVICE

PURPOSE AND GENERALITIES

The present General Terms of Use, Terms of Sale and Privacy Policy regulate the use of the website www.kongstore.es (hereinafter "the Website"), of which KONG STORE - and Henry and Irene domiciled at Av. Diagonal, 359, 1
08037 Barcelona are the owners.
 
Through its website www.kongstore.es, KONG STORE provides information about its products and offers the possibility of their acquisition. Users accessing these parts of the Website agree to be subject to the terms and conditions included in these General Conditions, to the extent that it may be applicable to them.
 
The access and/or use of this portal of KONG STORE attributes the condition of USER, who accepts, from said access and/or use, the General Conditions of Use here reflected. The mentioned Conditions will be applicable independently of the General Conditions of Contracting that in its case are of obligatory fulfillment.
 
CONTACT: For any type of doubt, consultation or suggestion, you can send us your comments by email to: info@kongstore.es
 
PRODUCT INFORMATION
 
The information given about each product, as well as the photographs or videos related to them and the trade names, trademarks or distinctive signs of any kind contained in the KONG STORE website, are shown in https://kongstore.es/ as a guide.
 
PRICES
 
All the prices of the products shown on the website include VAT and any other taxes that may apply. However, these prices do not include the shipping costs of the products, which are detailed separately and must be accepted by the User.
 
AVAILABILITY
 
KONG STORE informs the User that the number of available units is kept up to date with warehouse stock and availability by our suppliers. Under no circumstances will KONG STORE intentionally offer for sale more units than are available or reserved by the supplier.
 
KONG STORE will make every effort to accommodate all of its User’s demands for products. However, sometimes, and due to causes difficult to be controlled by KONG STORE such as human errors or incidents in the computer systems, it is possible that the quantity finally delivered by the supplier differs from the order placed by KONG STORE to satisfy the orders of the Users.
 
In the event that the product is not available after the order has been placed, the User will be informed by email of the total or partial cancellation of the order. Partial cancellation of the order due to unavailability does not entitle the User to cancellation of the entire order. If as a result of this cancellation the User wants to return the delivered product, he/she must follow the stipulations in the previous section.
 
PAYMENT
 
The User agrees to pay at the time the order is placed. To the initial price shown on the website for each of the products offered will be added the relevant shipping costs. In any case, these rates will be previously communicated to the User before formalizing the purchase itself.
 
The receipt or proof of purchase corresponding to the purchase order will be sent by email upon receipt of payment of the order.
 The User must pay the amount corresponding to the order by credit or debit card (Visa, Mastercard, Visa Electron and/or other similar cards). The User shall notify KONG STORE of any undue or fraudulent charge on the card used for the purchases, by email, as soon as possible so that KONG STORE can take the appropriate steps.
 
SECURITY
 
KONG STOREhas the security measures provided by Shopify Payments. In addition, the payment process runs on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the User's computer and the Website's computer. In this way, by using the SSL protocol it is guaranteed:
 
That the User is communicating his data to the KONG STOREserver center and not to any other that would try to impersonate it.
 That between the User and the KONG STOREserver center the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
 
FORMALIZATION OF ORDERS
 
Once the order is formalized, that is to say, with the acceptance of the Terms of Use and the confirmation of the purchase process, KONG STOREwill always send an email to the User confirming the details of the purchase made.
 
INTELLECTUAL AND INDUSTRIAL PROPERTY
 
KONG STOREholds all rights over the content, design and source code of this website and, in particular, including but not limited to, texts, logos, designs, trademarks, trade names and data included in the website.
 
Users are warned that such rights are protected by current Spanish and international legislation on intellectual and industrial property.
 
Likewise, and without prejudice to the foregoing, the content of this Web also has the consideration of computer program, and therefore, it is also applicable all the Spanish and European Community regulations in force on the matter. 
It is expressly forbidden the total or partial reproduction of this website, or any of its contents, without the expressed written permission of KONG STORE.
 
It is also strictly forbidden the copy, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action that involves an infringement of the Spanish and/or international regulations in force regarding intellectual and/or industrial property, as well as the use of the contents of the Website without the previous expressed and written authorization of KONG STORE.
 
KONG STOREinforms that it does not grant any license or implicit authorization on the intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the Web. 
The use of the contents of the web domain is only authorized for informative and service purposes, provided that the source is cited or referred to, being the user the only responsible for the misuse of the same.
 
ACCESS AND STAY ON THE WEB. OUR CONTENTS
 
The Users are entirely responsible for their conduct, when accessing the information of the Web, while surfing the Web, as well as after having accessed it.
 
As a consequence of the above, the Users are the only ones responsible before KONG STOREand third parties for: 
The consequences that may arise from a use, with illicit purposes or effects or contrary to the present document, of any content of the Web, elaborated or not by KONG STORE, published or not under its name in an official way.
 
As well as the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or impair the Web or its services or prevent the normal enjoyment by other Users.
 
KONG STORE reserves the right to update the contents when it deems convenient, as well as to eliminate, limit or prevent the access to them, temporarily or definitively, as well as to deny the access to the Web to Users who misuse the contents and/or do not comply with any of the conditions that appear in the present document.
 
KONG STORE informs that it does not guarantee:
 
That access to the Website and/or linked websites will be uninterrupted or error-free.
 That the content or software to which the Users access through the Web or the Web of link does not contain any error, computer virus or other elements in the contents that can produce alterations in their system or in the electronic documents and files stored in their computer system or cause any other type of damage. 
The use of the information or content of this Web or Webs of link that the Users could make for their personal purposes.
 
The information contained on this Website must be considered by the Users as informative and orienting, both in relation to its purpose and its effects, reason for which:
 KONG STORE does not guarantee the accuracy of the information contained on this Website and therefore does not assume any responsibility for any possible damage or inconvenience to Users that may result from any inaccuracy present in the Website.
 
OUR LIABILITY
 
KONG STORE does not assume any responsibility derived, by way of example but not limited to:
 
The use that Users may make of the materials of this Website or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the Website or of third parties.
 
The eventual damages and prejudices to the Users caused by a normal or abnormal operation of the search tools, of the organization or the location of the contents and/or access to the Web and, in general, of the errors or problems that are generated in the development or instrumentation of the technical elements that the Web or a program facilitates to the User.
 
The contents of those pages to which the Users can access from links included in the Web, whether authorized or not.
 
The acts or omissions of third parties, regardless of the fact that these third parties may be linked to KONG STORE by contractual means.
 
The access of minors to the contents included in the Web, being the responsibility of their parents or guardians to exercise an adequate control over the activity of the children or minors under their care or to install any of the tools to control the use of the Internet in order to avoid (i) the access to materials or contents not suitable for minors, as well as (ii) the sending of personal data without the previous authorization of their parents or guardians.
 
The communications or dialogues in the course of the debates, forums, chats and virtual communities that are organized through or around the Web and/or linked websites, nor shall it be liable, therefore, for the eventual damages and prejudices suffered by the individual and/or collective Users as a consequence of such communications and/or dialogues.
 
KONG STORE shall not be liable in any case when they occur:
 
Errors or delays in the access to the Website by the User when entering his/her data in the order form, the slowness or impossibility of reception by the recipients of the order confirmation or any anomaly that may arise when these incidences are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of KONG STORE .
 
Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the services of the Web site are constantly operational.
 
Errors or damages caused to the website due to an inefficient and bad faith use of the service by the User.
 
The non-operation or problems in the email address provided by the User to send the order confirmation.
 In any case, KONG STORE undertakes to solve the problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution to the incident.
 
Likewise, KONG STORE has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members to its service.
 
KONG STORE reserves the right to modify the conditions of application of the promotions, to extend them with due notice, or to proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse or unethical behavior in the participation of the same.
 
PRIVACY POLICY
 
Users agree to browse the website and use the content in good faith.
 
In compliance with the provisions of Law 15/1999, of Protection of Personal Data, we inform you that the completion of any form on the Website https://kongstore.es/ or sending an email to any of our mailboxes implies acceptance of this privacy policy, as well as the authorization to KONG STORE to treat the personal data you provide, which will be incorporated into the file, owned by KONG STORE , registered in the General Register of the Spanish Agency for Data Protection.
 
The User's data will be used for sending via email the sales made by KONG STORE and for the delivery of purchases.
 
By the mere visit to the Web, the Users do not provide any personal information and are not obliged to provide it.
 
KONG STORE undertakes to keep the maximum reserve and confidentiality on the information provided and to use it only for the indicated purposes.
 
KONG STORE presumes that the data have been entered by their owner or by a person authorized by him/her, as well as that they are correct and accurate.
 
Therefore, the User is responsible for the veracity of the data and KONG STORE shall not be liable for the inaccuracy of the User's personal data. In accordance with the current legislation on data protection, KONG STORE has adopted the appropriate security levels for the data provided by the Users and has also installed all the means and measures at its disposal to prevent the loss, misuse, alteration, unauthorized access and extraction of the same.
 
NULLITY
 
In the event that any clause of these Terms of Use is declared null and void, the remaining clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these Terms of Use.
 
KONG STORE may not exercise any of the rights and faculties conferred in this document, which shall not imply in any case the waiver of such rights and faculties, unless expressly recognized by KONG STORE or prescription of the corresponding action in each case.
 
MODIFICATION OF THE TERMS OF USE
 
KONG STORE reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, KONG STORE recommends the User to read them carefully each time he/she accesses the Website.
 The Users will always have these Terms of Use in a visible place, freely accessible for as many consultations as they wish to make. In any case, the acceptance of the Terms of Use will be a prior and indispensable step to the acquisition of any product available through the Website.
 
APPLICABLE LAW AND ARBITRATION
 
These Terms of Use are governed by the applicable Spanish law. To resolve any controversy or dispute arising from these Terms of Use, the parties submit to the jurisdiction of the courts of the city of Madrid, unless the law imposes another jurisdiction.

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9.- PROTECCIÓN DE DATOS PERSONALES

De conformidad con lo establecido en el Reglamento General de Protección de Datos vigente a la presente fecha, cada participante con la aceptación de estas Bases Legales consiente que sus datos personales sean incorporados a un fichero, titularidad de KONG STORE , con la finalidad de gestionar el sorteo, así como difundir y dar publicidad a sus resultados, y tramitar la entrega del Premio.

Le informamos que puede ejercer sus derechos de Acceso, Rectificación, Supresión, Oposición, Limitación del tratamiento, Portabilidad, Olvido y a no ser objeto de decisiones individuales automatizadas mediante el envío de un e-mail a info@kongstore.es adjuntando copia de un documento identificativo.

10.- CAMBIOS Y ACEPTACIÓN

Nos reservamos el derecho de modificar o ampliar estas bases promocionales, en la medida que no perjudique o menoscabe los derechos de los Participantes en la Promoción.

El mero hecho de participar en el sorteo implica que el Participante acepta totalmente las condiciones de estas Bases Legales. Asimismo, la participación en un sorteo de esta naturaleza supone la aceptación de las normas de la red social Instagram a través del cual se desarrolla el mismo.

11.- SUSPENSIÓN DEL SORTEO

Si, por cualquier motivo, la Publicación es suspendida por Instagram, la Promoción quedará sin efecto y, por tanto, se dará por finalizada sin Ganador, quedando el Sorteo desierto. En el mismo sentido, en caso de que la Aplicación / Red Social de Instagram, por cualquier circunstancia, incluyendo (pero no limitado a) fallos en los servidores o cualquier otra causa que impida el correcto funcionamiento y uso de la Aplicación / Red Social, no permita el desarrollo normal de la Promoción, KONG STORE se guardará el derecho de cancelar la Promoción, informando de ello a los participantes.

12.- LEGISLACIÓN APLICABLE Y JURISDICCIÓN

Estas bases legales se regirán de conformidad con la ley España. Serán competentes para resolver cualquier reclamación o controversia que pudiera plantearse en relación con la validez, interpretación o cumplimiento de estas bases los Juzgados y Tribunales de la ciudad de residencia de los Participantes.