1. IDENTIFICATION
These general terms and conditions of contracting apply to all commercial transactions carried out with consumers in our online store, www.kenayhome.com, a domain operated by "KENAY RETAIL, S.L.U", a legally established company in Spain (CIF: B98355662), with registered address at c/ Profesora Ana Rojo, nº3, 46910 (Alfafar) Valencia and registered in the Commercial Registry of Valencia T 9336, L 6618, F 12, S 8, H V 144011, I/A 1.
These general terms and conditions of online sales only apply to consumers and do not apply to sales made to professionals, entrepreneurs or public administrations. The first two will be subject to their own agreements and, failing that, Law 7/1998, of April 13, on General Conditions of Contracting, the Civil Code and related laws. The third will be governed by its specific legislation.
“KENAY RETAIL, S.L.U” operates under the brand KENAY®, so from now on we will refer to this company as “KENAY®”.
“THE CUSTOMER” is the consumer who purchases goods from the KENAY® brand, which can only be acquired through the online store “www.kenayhome.com”. From now on we will refer to the buyer as "THE CUSTOMER".
"KENAY®” may modify these General Terms and Conditions of Sale as well as the Terms of Use, Privacy and Cookies. We recommend that "THE CUSTOMER" read them at the time of placing the order, as the General Terms and Conditions of Sale that will apply will be those found on “www.kenayhome.com” at the time of the sale, with their acceptance always being a necessary and indispensable step for contracting.
2. INFORMATION AND STATEMENTS PRIOR TO CONTRACTING:
“THE CUSTOMER”, prior to contracting and during the purchase process, may access, archive and print these general terms and conditions of contracting in order to study them in depth.
Only customers who are over 18 years old and have the legal capacity and sufficient ability to enter into contracts of an economic nature and who have previously registered can access purchases. "THE CUSTOMER" declares that they are over 18 years old and have the necessary legal capacity and ability to enter into contracts of an economic nature.
Natural persons acting on behalf of legal entities through “www.kenayhome.com” guarantee to “KENAY®” that they have sufficient representation to act on behalf and for the account of the legal entity and guarantee that at the time of the transaction they are not violating the rights of any third party in this regard and that the data and information relating to the legal entities are true.
Before placing any order, “THE CUSTOMER” must create an account where they must register their information.
“KENAY®” will not be responsible for any damage, loss or harm to persons and/or property that has not been acquired in accordance with the content of this document and with scrupulous respect for the laws.
“THE CUSTOMER", before concluding the contract, agrees to:
·Read these general terms and conditions of sale before completing the order.
· Review the characteristics of all items included in their order, which are specified in the description of each item
· Provide “www.kenayhome.com” with truthful information about the data requested in the user registration or order completion forms and to keep them updated at all times.
· Check the indicated price of the products on the website and any applicable promotions, being able to view and know the final price including VAT or tax that may apply, as well as the price of the transportation service.
“KENAY®” agrees to inform the client at all times, prior to order confirmation, about:
· The total price of your orders, taxes included, with shipping costs broken down.
· The different payment methods.
· The conditions, terms and procedures for exercising your rights as a consumer.
· The cost of returning items that the customer must bear in case of withdrawal.
· The existence of the after-sales service and the legal guarantee of conformity to the goods purchased on our website.
3. ACTIVITY:
“KENAY®” is dedicated to the sale and provision to the public of exclusive furniture and decoration products from the KENAY® brand.
The purchase of products made to order and exclusively for the customer is excluded through the platform “www.kenayhome.com” The standard product is the product shown in the photographs displayed on the website, while the rest of the options shown in the drop-down menus will be made specifically and exclusively for“THE CUSTOMER” so it should be considered a personalized product.
4. CONTENTS AND INFORMATION PROVIDED ON THE WEBSITE:
4.1. Product offer:
The products offered are those available at the time of confirmation and payment of the order by “THE CUSTOMER”. “KENAY®” reserves the right to modify the commercial offer presented on the website “www.kenayhome.com” (modifications to products, prices, promotions and other commercial and service conditions), at any time.
“KENAY®” strives to describe and display all items sold on its website as faithfully as possible. However, there may be some subtle aesthetic, technical or color differences between the product shown on “www.kenayhome.com” and the actual product, due to its artisanal manufacture and/or due to the calibration of profiles used in the printing of catalogs, brochures or other materials.
Publication/display of the website through different digital media. Please note that a large part of the products marketed under the KENAY® brand have been handmade, so homogeneity in their production cannot be guaranteed.
The products are photographed in an environment and alongside other items not included in the sale of the product being referenced.
The prices of furniture and accessories on this website for sale in Switzerland, Norway, Netherlands, Austria, Denmark, Ireland, Greece, Estonia, Slovenia, Sweden and Finland include all taxes. To learn about the conditions for online sales through “www.kenayhome.com” in other countries, you must select the country from which you want to make the purchase from the drop-down menu on the website itself. Prices, measurements, and references are validated annually, updated, and therefore correct, unless there is a typographical error or change in VAT.
In case of a manifest error or computer error in the price, the order will be canceled and any amounts that may have been paid will be refunded.
The purchase and sale through www.kenayhome.com is available for shipping addresses in Switzerland, Norway, Netherlands, Austria, Denmark, Ireland, Greece, Estonia, Slovenia, Sweden and Finland. The prices of products displayed on the website www.kenayhome.com include Value Added Tax (VAT) that may be applicable.
For purchases to be delivered within the territory of any of the member states of the European Union, VAT will be applied in accordance with current legislation at all times.
4.2. Customized products
Customized products are understood to be those that are made exclusively upon request after “THE CUSTOMER” has placed an order. All products on the website “www.kenayhome.com”that have a drop-down menu for “THE CUSTOMER” to choose how they want the product to be made are specifically made to order for each client, choosing materials, fabrics, measurements, colors, or accessories from a drop-down menu. Customized products according to “THE CUSTOMER” specifications cannot be subject to changes, refunds, or returns for any reason.
4.3. Upholstered furniture
Upholstered furniture is one that is covered in some part by textile materials. The seats and cushions of sofas contain filling in order to achieve padding. The softening of the seats is the result of normal use of the product. Therefore, the loss of firmness in these seats cannot be interpreted as a manufacturing defect.
4.4. Content errors
“KENAY®” makes every effort to ensure that the information on our website is accurate and free of typographical errors. If any such error occurs, always beyond the control of www.kenayhome.com, it will be corrected as soon as it is detected. If there is a typographical error in the price of a product and a customer has made a purchase decision based on this error, “KENAY®” will inform the customer of said error and “THE CUSTOMER” may cancel the order at no cost to them.
“www.kenayhome.com” displays confirmation windows for the provided data that may prevent the purchase from continuing if the entered data does not have the correct format. In any case, before making the payment, the Customer can view the selected products and the details of their order on the website so that they can modify their order if necessary. If an error is detected after the payment process has been completed, they must contact Customer Service by phone or email.
5. PLACING AN ORDER
Once “THE CUSTOMER” has been able to review and accept these sales conditions, as well as creating an account by registering their data, they can place an order. Orders placed through a means other than the one provided on the page “www.kenayhome.com”, such as by phone, email or fax, will not be considered accepted unless “KENAY®” issues a confirmation sent to “THE CUSTOMER” through the same means.
The order is firm and valid for “THE CUSTOMER” from the moment it is confirmed and for“KENAY®” from the moment the payment is validated and the processing of the order is confirmed.
“KENAY®” reserves the right to reject an order for any legitimate reason.
Once the order is confirmed, “KENAY®” will send a confirmation email to “THE CUSTOMER” as soon as possible, indicating the essential details of the order, such as order number, products, delivery location, etc.
6. PRICE AND PAYMENT
The price stated on www.kenayhome.com refers to the price including VAT for Switzerland, Norway, Netherlands, Austria, Denmark, Ireland, Greece, Estonia, Slovenia, Sweden and Findand. For sales with deliveries to any Member State, VAT will be applied in accordance with the current legislation.
The prices of the products are shown in euros.
The prices indicated do not include shipping costs, which will be specified in the shopping cart before confirming the order. Prices for assembly, crane services, special transportation, pulley lifting or any other exceptional service will be indicated separately and are not included in the shipping cost. If “THE CUSTOMER” requires any special service to deliver the furniture to their home, they must indicate it in the order in order to be informed of the price of the service. The expenses derived from these services will be borne by “THE CUSTOMER”.
Payment for orders by “THE CUSTOMER” can only be made through the credit or debit cards indicated on the website “www.kenayhome.com”, by bank transfer or through installment payments starting at 50€.
Orders must be paid in full at the time of processing on the website. Once full payment for the order is received, it will be validated and an email confirmation will be sent. All payment solutions are completely secure and guaranteed by banking and financial institutions. The buyer's bank details will not be kept by “KENAY®” under any circumstances.
In cases of payment by bank transfer or installment payments, items from the order will not be reserved until payment is received and the order is validated. For this reason, the shipping time or availability of these items included in the order may be affected.
The option to finance the purchase through financing granted by a financial institution external to the seller is granted, subject to approval by the financial institution once all necessary documentation has been received from “THE CUSTOMER".
When this payment method is selected, www.kenayhome.com, will connect to the financial institution's website in order to proceed with the payment.
The conditions of this modality will be indicated at all times by the financial institution on its website to which “THE CUSTOMER” has been redirected.
7. AVAILABILITY OF PRODUCTS
The availability of products refers to their effective availability at the time the client places the order.
“KENAY®” will display updated information on product availability and stock on its website, indicating an approximate delivery time. However, it is possible that a product, whose availability has been confirmed by “KENAY®”, may be sold out during the ordering process. In this case, “KENAY®” will inform “THE CUSTUMER” of this situation via email and/or telephone, and will offer the following alternatives:
· Delivery of the product within a longer period than initially indicated, with the prior agreement of “THE CUSTOMER”, at no additional cost.
· Refund of the price charged through the same payment method used at the time of placing the order.
8. SHIPPING:
Orders placed through our website www.kenayhome.com will be delivered to the address specified by “THE CUSTOMER” at the time of purchase, and will not be delivered to a KENAY® store under any circumstances. If an order contains items with different shipping times, it will be shipped based on the longest time frame. Depending on the items purchased, multiple deliveries may be received for one order. The shipping time for each item is indicated on its product page. Once the order is validated, the customer will receive an email with the purchase receipt detailing the shipping time.
“THE CUSTOMER” will receive an email with the purchase receipt detailing the shipping time. www.kenayhome.com assumes no responsibility if a delivery cannot be made due to incorrect or incomplete information provided by "THE CUSTOMER". If the merchandise is returned to the warehouse due to “THE CUSTOMER” being absent or for other reasons beyond KENAY's control, KENAY reserves the right to charge the shipping costs for a new delivery or cancel the order, adding any transportation costs incurred. If the customer requests a modification to the order, such as a change of delivery address, and the shipping process has already begun, any additional costs incurred will be charged to “THE CUSTOMER”,after prior communication and acceptance of these charges.
Since “THE CUSTOMER” is aware of the specificities of the delivery location, they must inform "KENAY®" of any need for special equipment such as pulleys, cranes, special transportation, elevating platforms, more than one operator, or any other necessary equipment to deliver the order to their home. If the goods cannot be delivered due to this information not being provided by “THE CUSTOMER". at the time of purchase or before shipment, any additional transportation costs incurred will be borne by "THE CUSTOMER" . In any case, all necessary extras such as special circumstances (pulleys, cranes, operators, special transportation, etc.) are not included in the product price or shipping method and must be paid for by "THE CUSTOMER". To do so, once the need for special logistics has been notified to "KENAY®" will inform "THE CUSTOMER" of the additional cost for confirmation.
Storage of merchandise: In case "THE CUSTOMER" is notified that the merchandise is available for delivery and does not receive it, the merchandise may be stored in the seller's warehouses for one month, with the possibility of extending this period for up to two more months if requested by "THE CUSTOMER" with a storage fee of 35 €/m3 per month, with a minimum of 60 € per month. After the maximum period of three months has elapsed, an email will be sent to "THE CUSTOMER" indicating that they have 24 hours to collect the merchandise. If "THE CUSTOMER" does not collect the merchandise within this period, a new email will be sent informing them that their purchase has been cancelled and that they will be refunded the purchase amount, excluding any transportation and storage costs. Storage of merchandise is not available for orders shipped using the "Curbside Delivery" method.
If “THE CUSTOMER” does not receive the merchandise due to reasons not attributable to "KENAY®" one month after the date it was made available for delivery at the zonal logistics base, without requesting that the merchandise be stored at KENAY® facilities or if it cannot be delivered due to reasons solely attributable to "THE CUSTOMER", "KENAY®" may consider the contract terminated and refund "THE CUSTOMER" the amounts paid, deducting any costs and damages incurred.
The different shipping methods available at "KENAY®" are specified in the product sheet and in the eligible shipping methods for the order, which are detailed below:
· Curbside delivery without prior appointment: with this service, the delivery is made at the entrance of your house, building or urbanization; the courier company is not obligated to deliver inside your home. The carrier's delivery time is between 3-6 days from the order leaving the warehouse. Prior to delivery, "THE CUSTOMER" will receive an email indicating that their order is out for delivery. The courier company reserves the right to deliver the order to a Collection Point or "Pick up" in case of absence at the time of delivery. Delivery to a Collection Point or "Pick up" does not include a refund of shipping costs. Decorations will always be shipped using the Delivery to the curb method, regardless of whether the order includes furniture and/or sofas and a different shipping method is selected.
From 0€ to 9,99€, the shipping cost will be 9,99€.
From 10€ to 49,99€, the shipping cost will be 19,99€.
From 50€ to 99,99€, the shipping cost will be 19,99€.
From 100€ to 149,99€, the shipping cost will be 19,99€.
From 150€ to 299,99€, the shipping cost will be 29,99€.
From 300€ to 599,99€, the shipping cost will be 49,99€.
From 600€ to 799,99€, the shipping cost will be 49,99€.
From 800€ to 999,99€, the shipping cost will be 69,99€.
From 1.000€ to 1.499,99€, the shipping cost will be 89,99€.
From 1.500€, the shipping cost will be free.
9. DAMAGED PRODUCT DURING TRANSPORT AND PRODUCT NOT IN ACCORDANCE WITH THE CONTRACT:
If the product has been damaged during transport, it is essential that the consumer user communicates it on the same day of receiving the products and notes it on the delivery note of the carrier. “KENAY®” will cover the shipping costs for the delivery and return of the product. If the user wishes to return the merchandise with a transport company other than the one proposed by “KENAY®” and the transport company selected by the user offers higher rates, the user will assume the difference in transportation costs.
Before opening a product, the user must verify its conformity and condition, the integrity of the packaging, and that the number of packages delivered corresponds to what is indicated on the transport note, making an immediate claim in case of any anomalies. If the user detects any anomalies before opening the product “KENAY®” requests that they do not open the seal or packaging and write "accept with reservation" on the delivery note and also specify the cause.
If "THE CUSTOMER" onsiders that the product is not in accordance with the contract, they must immediately contact “KENAY®” via email at aftersales@kenayhome.com. If the good is not in accordance with the contract, to bring it into conformity, the consumer or user will have the right to choose between repair or replacement, unless one of these two options is impossible or, compared to the other corrective measure, involves disproportionate costs, taking into account all circumstances. If repair or replacement is not possible, “THE CUSTOMER” may demand a proportional price reduction based on the difference between the value that the good would have had at the time of delivery if it had been in accordance with the contract and the value that the good actually delivered has at the time of said delivery or supply. The resolution of the contract, except in cases of withdrawal and other cases expressly provided for by law, shall not apply when the lack of conformity is of little importance.
10. WARRANTY:
The legal warranty for our furniture is 36 months against manufacturing defects. It includes shipping, materials, and labor. During the warranty period, “THE CUSTOMER” must inform "KENAY®" of any non-conformity within two (2) months from the date they became aware of the defect. This warranty excludes damages that may be caused by misuse of the furniture in question, as well as materials subject to wear and tear from normal use. Improper handling or incorrect installation not carried out by an authorized installer would also be excluded from coverage, when applicable according to the type of delivery. In the event that a piece of furniture presents any issues, it will be inspected at the client's home or removed for restoration at the central location, or (if necessary) replaced with an identical one, as long as the defect is covered by the warranty and a copy of the delivery receipt for said merchandise is attached.
Upholstered furniture: The warranty for our upholstered furniture is 36 months against manufacturing defects. In the event that an upholstered piece of furniture presents any issues, it will be repaired at the client's home or the affected part will be removed, if possible, for restoration at the central location, or (if necessary) replaced with an identical one, as long as the defect is covered by the warranty and a copy of the delivery receipt for said merchandise is attached. The product warranty does not apply in the following situations:
· Damages caused by improper use. The commercial warranties offered by “KENAY®” for its products are conditioned to domestic use. This warranty will not apply if a different use is evident, a professional use linked to a business activity, and in any case for use in public institutions and administrations. The warranty for products purchased for the development of a business or professional activity will be governed by individually signed agreements with professionals and entrepreneurs, and in their absence, by the regulations set forth in Law 7/1998, of April 13, on General Conditions of Contracting, the Civil Code, and related laws.
· Defects or malfunctions due to accidental damages.
· Non-compliance defects of products purchased for non-residential use.
· Damages to the fabric due to the use of inappropriate chemicals, detergents, or softeners.
· Damages caused by corrosive materials, such as acids or solvents, dyes, inks, paints, or other fluids.
· Damages caused by maintenance interventions by a third party not authorized by Kenay.
Note: The softening of the seats is the result of normal use of the product. Therefore, the loss of firmness cannot be interpreted as a manufacturing defect.
In order to verify that the warranty is being requested within the appropriate time frame to which “THE CUSTOMER” is entitled, they must present the purchase invoice for the furniture for which the warranty is being claimed along with the complaint.
11. RIGHT OF WITHDRAWAL:
In accordance with the General Law for the Defense of Consumers and Users, the client has the right to withdraw from their order within a period of 14 natural days from the receipt of the order, without stating a reason and without incurring any expenses other than those contemplated in this same law. To exercise their right of withdrawal, “THE CUSTOMER” must send an email to aftersales@kenayhome.com indicating their decision to withdraw from the order. This communication must always be sent within the period indicated in the previous paragraph. The items subject to withdrawal must be returned in perfect condition, reminding our clients that it is recommended that the packaging be in perfect condition and equipped with all its accessories, in order to guarantee the protection of the product and that it is received at “KENAY®” warehouses in the same condition in which it was sent. If the product arrives defective due to the inefficiency of the packaging chosen by “THE CUSTOMER”, the amount to be refunded will be deducted. The refund will be made within a period of 14 days from the receipt of the withdrawal request and may be withheld by “KENAY®” until the goods have been received or until the client has provided proof of the return of said goods. The return costs are borne by the client.
The right of withdrawal does not apply to products made according to customer specifications or personalized. Please note that at “www.kenayhome.com” all products that show a drop-down menu on their product page where size, accessories, color or upholstery are chosen are considered personalized, and are expressly made for the client, with production not starting until the order is placed by“THE CUSTOMER” and being made according to their specifications.
When the client requests the withdrawal of their order, the following cases are considered:
· That the order has not been shipped, or, if it has been shipped, it has not yet been received by “THE CUSTOMER", in which case a full refund of the order will be made.
· That the order has been delivered to “THE CUSTOMER”, in which case, the product must be returned by “THE CUSTOMER” and the refund of the product amount along with the shipping costs will be made, with the rest being the responsibility of the client.
“THE CUSTOMER” may exercise their right of withdrawal through the form that can be found at the withdrawal form.
12. PROCEDURE FOR PRODUCT CHANGES AND RETURNS:
In case of withdrawal, contract resolution or product changes, “THE CUSTOMER” must contact the after-sales department via email in order to process the change or return. Within a maximum period of 7 days, the logistics department will contact “THE CUSTOMER” to coordinate the collection of the furniture and, if necessary, the delivery of the replacement. The cost of returning the furniture will be informed by “KENAY®” at the time of requesting a change, return or withdrawal, as long as the reason for the replacement or return of the furniture is not attributable to “KENAY®”.
If the object of return or replacement is a smaller item, such as decorative objects, it will be done through an external parcel delivery company. Once in contact with the after-sales department, “THE CUSTOMER” will be given a code to contact the parcel delivery company indicated by “KENAY®” to arrange for the collection of the product.
We remind our customers that it is recommended for the packaging to be in perfect condition and that it should be received at "KENAY®" facilities in the same condition as it was delivered. In case of replacement, as soon as the product is received, the new one that replaces it will be delivered.
13. CONSUMER OBLIGATIONS:
"THE CUSTOMER" agrees at all times to provide "KENAY®" with truthful information about the data requested in the user registration forms or when placing an order, and to keep them updated at all times.
"THE CUSTOMER" agrees to accept all provisions and conditions set forth in these General Terms and Conditions of Contract, understanding that they reflect the best possible service for the type of activity carried out by "KENAY®".
"THE CUSTOMER" agrees to provide an address where the order placed on www.kenayhome.com can be delivered during regular delivery hours. In case of failure to comply with this obligation by the client, "KENAY®" will not be held responsible for any delay or inability to deliver said order.
14. SECURITY AND CONFIDENTIALITY:
“KENAY®” guarantees security and confidentiality in all communications with its clients.
All online payment transactions are carried out through a secure server, based on the SSL standard that protects data against third-party violation attempts. The bank details of the purchase process when "THE CUSTOMER" chooses external financing are not saved by "KENAY®".
"KENAY®" guarantees the protection and confidentiality of the personal data provided by our clients, in accordance with the provisions of the regulations on personal data protection.
All data provided by our clients to "KENAY®" or its employees will be treated responsibly and for the purpose of managing the purchase and subsequent delivery of the product; as well as managing applicable warranties and, if necessary, allowing the subsequent sending of promotional information.
In this sense, we inform you that your data will be communicated to third parties with whom Kenay maintains commercial relationships, and those that are part of the "KENAY®" group. You can consult detailed information about the use and destination of your data through our data protection policy. You can also request to be unsubscribed from communications or commercial promotions through email.
15. CONFLICT RESOLUTION:
To file any complaint or claim with "KENAY®", the client must contact the customer service department either by phone (+34) 960 612 222 or by sending an email to hello@kenayhome.com.
According to the EU Online Dispute Resolution for Consumer Matters and in accordance with Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform that is available at the following link. https://portal-cec.consumo.gob.es/es.
16. APPLICABLE LEGISLATION:
The parties submit, at their choice, for the resolution of conflicts and with waiver of any other jurisdiction, to the courts and tribunals of the domicile of "THE CUSTOMER".
ANNEXED DOCUMENTATION: