1. Company Information
KENFAY. (hereinafter KENFAY) is the company responsible for this Website and the sale of products online. The company was incorporated on October 29, 1998 and registered in the Mercantile Registry of Madrid, Section 8, Sheet 635144, with tax ID number B45441953 and registered office in Madrid, calle Félix Boix number 7, 1º (28036), Spain.
2. Contact details
E-mail address: email@example.com
Phone: 0800 021 1843
Call service hours:
· From 1st September to 31th December: Monday to Friday, from 8am to 5pm.
- Rest of the year: Monday to Thursday from 8am to 5pm GMT and Friday from 8am to 1pm GMT.
The KENFAY Website (hereinafter the Website) is an electronic commerce platform accessible via the Internet at the URL address: https://www.yodeyma.com/united-kingdom/en/, which allows access to any person without the need for prior registration or any other condition.
The KENFAY Website allows you to navigate freely through its different spaces in order to know the product offer, the main characteristics, the price and the conditions of the sale, without any type of cost or commitment.
4. Intellectual property
The KENFAY Website and all the graphic elements included therein, as well as the registered word, graphic or three-dimensional trade marks, registered designs and models, logos, fixed or moving graphic images are solely owned by the company. The use of the website by the customer does not imply any authorisation or licence being granted to use the elements protected by KENFAY’s industrial and intellectual property rights. The customer is strictly prohibited from making copies, distributing, publishing, processing, manipulating, altering, modifying or making any other use of the protected contents.
The purchase of KENFAY products by the customer for their subsequent sale and distribution does not authorise nor grant the customer any permit or licence to use the company’s registered trade marks and distinctive signs nor the designs and other contents protected by the industrial and intellectual property rights, including the domain name.
The customer must abstain from using the elements protected by the industrial and intellectual property rights and from copying, manipulating and altering them in any manner that could imply there is a relationship or association between the customer and KENFAY.
The use of KENFAY’s registered trade marks, both its word elements and its graphic representation or logo, is strictly prohibited; the customer may not directly or indirectly use KENFAY’s distinctive marks in any way. The customer may neither use the registered trade marks nor any other sign that resembles them in order to apply for domain name registrations, nor may KENFAY’s distinctive signs be used as an identifying element by the customer on its website, its shop sign, in its promotional brochures or advertisements or in company documents (invoices, delivery notes, receipts, etc.).
Unless the customer has obtained KENFAY’s prior written authorisation, he/she may not use any of the elements protected by KENFAY’s industrial and intellectual property rights, such as: trade marks, designs, models or logos, images, domain name, texts, videos or any of the company’s elements. The customer can neither copy nor use the elements protected by the industrial and intellectual property rights in a manner that implies the exploitation of KENFAY’s prestige and reputation.
Breach of this obligation will imply an infringement of KENFAY’s industrial and intellectual property rights, the result of which is the termination of the commercial relationship and legal actions being filed due to infringement of the exclusive rights and unfair competition. The customer will be held liable for any damages caused to KENFAY, including the payment of sufficient compensation and that resulting from unjust enrichment.
5.1 Requirements to buy on the Website
Age. The person wishing to buy on the KENFAY Website must be at least 18 years of age. Minors must have prior authorization from their parents, guardians or legal representatives, who will be held responsible for all acts performed by minors under their care.
Important: the accomplishment of an order requires the registry in the Website and the obligation of payment.
Sign-up. The Costumer must enter their identification data and the address or post office box of the place where KENFAY must deliver the Products purchased.
Payment. The Costumer will receive the information of his order and the detail of the amount to be paid prior to acceptance. The Costumer must agree with the price, the product and delivery conditions to validate the purchase. Before making the payment, the Costumer can choose the form of payment from those available on the Website.
5.2 Purchase process on the Website. In order to purchase products on the KENFAY Website, the following steps must be followed:
1. Consult the offer of Products that KENFAY markets on the Website, indicating the price, presentation, quantity or content and the main characteristics of each product, delivery conditions and shipping cost. Some products are subject to certain conditions, such as the purchase of certain units or minimum quantity for each purchase.
2. Choice of Products. The Costumer must select the Products by clicking on the "buy" button, in this way, the chosen product will be added to the shopping basket and the application will show the price information including taxes and shipping cost. The costumer can choose to finish with the purchase by selecting the option "go to checkout" or continue browsing to add other products to the shopping cart.
3. Acceptance of the Offer. The Costumer must click on the "confirm purchase" button to continue the process and place the order. The confirmation implies acceptance of the offer as shown on the Website, with the detail of the products chosen, the total amount to pay which includes the price of the product and the cost of shipping, as shown on the Website.
4. KENFAY Website Registration. In order to complete the purchase, it is necessary that the Costumer registers, providing his data in the application that he will find in the Website through which he will obtain an access key that will identify him as a costumer and that he will be able to use in his next purchases without the need for a new registration.
5. Payment The costumer will be able to choose between the options that are presented in the Website and to pay the total amount of the purchase, the price of the Product and the cost of the shipment where applicable
6. Confirmation of the Contract. Once the payment has been made, the Costumer will receive an e-mail with the details of the order, the price paid for the purchase and a copy of the Sales Contract, which will include the withdrawal form.
7. Delivery of the product. KENFAY will proceed to deliver the product within the period indicated on the Website.
6. Offered Products
KENFAY offers for sale perfumery products manufactured by the company, duly identified with the registered trademarks owned by KENFAY.
The products offered by KENFAY are displayed on the Website, where detailed information can be found about these products, their main features, their presentation, the contents and price, as well as the minimum number of units that must be purchased of certain products. The customer must read this information before placing an order.
The products offered by KENFAY may undergo some stock variations at certain times. If KENFAY runs out of stock of any product offered and this situation affects a customer, KENFAY will immediately contact this customer to inform him/her about the situation. The customer may choose to cancel the order, select a different product or wait for the product to be re-stocked, in such case the customer will be informed of the approximate waiting time. If the order is cancelled, KENFAY will immediately refund the full amount paid by the customer for the purchase made.
The Price of the Products offered by KENFAY includes value added tax (VAT) and is indicated in Pounds. The special offers are valid on the dates specified on the Website and will depend on available stocks.
KENFAY will inform the customer of the total amount payable for the order before the purchase is confirmed, providing a breakdown of the price of the products acquired, the amount for taxes and the shipping cost so that the customer knows all the details of the purchase before confirming the order.
8. Shipping cost of the products
Before confirming the purchase, KENFAY will inform the customer of the shipping cost for the products acquired and the minimum purchase amount required to obtain free shipping.
The shipping cost information is provided automatically on the website. The application will specify the price of the product and the shipping cost when selecting one of the products offered by KENFAY.
9. Acceptance of the offer
The customer’s confirmation of the order implies acceptance of the offer and the obligation to Sign-Up and Pay on the KENFAY Website. When this process has been completed, KENFAY will send the customer an email confirming the order, which will provide the details of the products purchased, the broken-down price and a copy of the purchase agreement. The customer will receive the invoice for the purchase of the products when the goods are delivered.
The customer can make the payment by choosing from among the various methods available on the KENFAY Website: Paypal and with credit or debit cards.
Payment by the Costumer is a pre-requisite before the delivery of the product. KENFAY will not deliver any product that has not been paid for in full and in Pounds, for the amount accepted by the Costumer in the order form.
The customer guarantees to KENFAY that it has obtained the required authorisation to use the payment method chosen. The customer’s full or partial breach of the payment obligation will result in cancellation of the agreement.
11. Product delivery
KENFAY will deliver the products to the address specified by the customer within the term stated on the Website, which may range from 24 and 48 hours, counted from the calendar day following the approval date and payment of the order. At the time of delivery, the customer must receive the products and check that they are in accordance with the order.
Withdrawal. The Costumer has the right to withdraw from his purchase within 14 calendar days without justification. The withdrawal period will expire 14 calendar days from the day the Costumer received the products.
To exercise the right of withdrawal, the Costumer may use the withdrawal form that KENFAY has sent by email at the time of order confirmation and return it to the following email address: firstname.lastname@example.org , or you can print it and send it by post to the postal address of KENFAY.
The Costumer may also use the withdrawal form available on the Web by clicking on the link below:
Confirmation. KENFAY will send the Costumer an email confirming receipt of the withdrawal document and that it has been produced within 14 days.
Product Return. The Costumer shall proceed without delay and promptly to return the Products, as soon as it receives confirmation from KENFAY and, in any case, within 14 calendar days from the date of communication to KENFAY of the withdrawal. The term will be considered fulfilled if the Costumer returns the order before the end of that period.
The Costumer shall send to KENFAY at its own expense, by post or any other means of its choice, the products subject to withdrawal.
The return address for Roebuck Lane, Smethwick, West Midlands, B66 1BY (United Kingdom).
The Costumer must return the products without unsealing and without having made any use or test, in perfect condition for its commercialization, in its original packaging and with all the information documents. Otherwise the Costumer will be responsible for the depreciation of the product.
Cost of return. The Costumer shall bear the costs of returning the products. KENFAY will not accept any package at freight collect.
Refund of the amount paid. KENFAY shall return to the Costumer the full amount paid for the purchase of the Products without any undue delay and in any event within 14 calendar days from the date on which it receives the returned Products.
KENFAY will refund using the same means of payment used by the Costumer for the initial transaction unless one of the means prevents it. In the case of cash on delivery orders, the amount will be refunded to the bank account indicated and held by the Costumer. The Costumer will not incur any expenses as a consequence of the refund. Reimbursement will be made within 14 calendar days of receipt of the returned package.
13. Product Warranty
KENFAY shall be held liable for any defect arising in the Product for a two year term.
If the customer expresses his/her dissatisfaction with the products acquired, either because they do not fit the description or conditions and quality specified in KENFAY’s offer, including those that are unfit for use or because they contain any defect or anomaly in quality, presentation or for any other circumstance that differs from the product information provided in the offer on the website, the customer can request KENFAY to replace the product, lower the price or terminate the agreement.
Replacement of the product. If the customer opts for replacement of the product, KENFAY will collect the product that the customer was not satisfied with and replace it with the one specified by the customer with free shipping.
The customer can make a request or complaint directly to KENFAY by sending an email to the following email address: email@example.com , explaining the reasons for the complaint and the request he/she wishes to make.
14. Claims Form
KENFAY informs the Costumer that it has Complaint Forms in its offices, which are located in Madrid, calle Félix Boix number 7, 1º (28036), to which the Costumer can have access free of charge, during opening hours: Monday to Thursday from 10 am to 7 pm and Fridays from 9 am to 2 pm.
Without prejudice to the fact that the Costumer may address his claim, using any other format and addressing the competent consumer protection bodies, associations or authorities located in his place of residence.
For detailed information in United Kingdom, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
15. Code of ethics
These General Conditions are governed by Spanish law. The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user's domicile. Also, as an entity adhered to Confianza Online and under the terms of its Code of Ethics, in case of disputes relating to online recruitment and advertising, data protection and protection of minors, the user may resort to the system of extrajudicial resolution of disputes Confianza Online (www.confianzaonline.es).
16. Applicable law
Spanish law is applicable and specifically Royal Decree of 22 August 1885, which published the Spanish Commercial Code; the General Contractual Terms and Conditions Act 7 of 13 April 1998; Act 34 of 11 July 2002 on Information Society Services and E-commerce; the Spanish Unfair Competition Act 3 of 10 January 1991 and the Spanish and European Union regulations on industrial and intellectual property applicable to this agreement.
17. Place of conclusion of the Contract
Pursuant to the provisions in Article 29 of Act 34/2002, agreements entered into by electronic means in which a consumer is a party are presumed to be concluded in the place where the consumer’s normal residence is located. Agreements entered into electronically by Entrepreneurs or Professionals shall be presumed to be concluded in the place where the service provider’s establishment is located.
18. Dispute resolution
KENFAY states its intention to settle any disagreement or dispute that could arise with the customer by reaching either an amicable or out-of-court agreement, through a consumer arbitration system.
The personal data collected through the order form will be used to process the order. When placing an order, your data will be included in a file belonging to KENFAY with the aim of facilitating the placing of future orders, being able to update them through the customers' option on the website. They will also be able to provide you with information on KENFAY cosmetics and perfumery products and services. You may exercise your rights of access, rectification, cancellation and opposition at any time by contacting KENFAY 's customer service, through the website's Contact Us, at firstname.lastname@example.org or at the following address: C/ Felix Boix 7- 28036 Madrid. The bank details of the process are stored in a database designed for this purpose and will not be kept, only while the purchase is being made, payment is being made and until the withdrawal period has elapsed.
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