Terms and Conditions | KMINA

These Conditions apply, without restriction or reservation, to the use of the website www.kmina.com, which is owned by Improving Mobility Development SL with CIF: B87491957 (hereinafter " KMINA" ) and with registered office at Avenida Mare Nostrum No. 1, 16ª, 46120, Alboraya Valencia, Spain.

All policies posted on our websites set out the terms under which KMINA provides you with access to our websites, services, applications, and tools. You agree to comply with the foregoing when using our Services.

Users must read these KMINA Terms of Use and Sale. Use of or access to this website implies knowledge and full acceptance of the legal notices and conditions detailed below.

KMINA reserves the right to modify the terms and conditions of this agreement at its own initiative and without prior notice to the User. These terms and conditions will take effect upon publication on the website. In any case, these modifications will not have retroactive effect on goods or services previously contracted by the User. We therefore encourage you to regularly review the new Terms of Use.
In order to make inquiries on the website or provide the contracted service, each User must voluntarily provide their personal data under their own responsibility. Any personal data provided by users fraudulently or falsely may be considered a crime.

Scope:
These terms and conditions govern the use of the various services offered by KMINA, a company operating online through the website www.kmina.com. This company is dedicated to the online sale of orthopedic and/or medical products. All sections of these Terms and Conditions of Use must be familiar with and accepted by all users who access the website.

Intellectual property:
Regarding intellectual property, please refer to the Legal Notice on the website www.kmina.com. However, it should be noted that the public information contained on the website relating to KMINA, as well as the brands, products, and logos, among others, of the companies and service centers offered, are protected by legal provisions on intellectual and industrial property. Therefore, the copying, transmission, transfer, sale, or use by the User is prohibited without the prior express consent of KMINA and the owner of the brands or logos, in accordance with the terms established by the Intellectual and Industrial Property Law.

Use of the portal:
The User agrees to use the Portal, its contents, and the services offered in accordance with the Law, these Terms of Use, good customs, and public order. When using this website, you must not:
• Undermine or harm the reputation and good name of KMINA.
• Alter, destroy or damage any data, programs or any information present on your website.
• Disseminate or publish insults, slander, defamation, and/or racist or xenophobic content that advocates terrorism or that violates human rights in any way.
• Obstruct or impede in any way the access of other Users, as well as perform any action that may damage or interrupt our systems, such as the implantation of a virus.
• Make unauthorized or fraudulent use of the website and/or its contents for illegal purposes or effects or that circumvent applicable law, third-party rights, or our policies.
• Inciting other users to act illegally.
• Impersonate other users by using their passwords. You should also not use fake email addresses to post ads.
• Distribute or send spam, bulk or unsolicited electronic communications, chain letters, or pyramid schemes.
• Use robots, spiders, scrapers, or any other automated means to access the Services, or for any other purpose, without KMINA's prior written consent.
• Market any KMINA application or any information or software associated with such application.
• Collect information about Users in any way, including email addresses, without their consent.
KMINA will use all means at its disposal to keep the service available 24 hours a day, and in the event of a breakdown, it undertakes to carry out as soon as it becomes aware of it, all the repairs necessary to establish the service. However, if the lack of service is due to causes beyond KMINA's control, such as prolonged interruption of any external supply, failure of main nodes of the network, social conflicts, actions of third parties, as well as the temporary suspension of the service due to the need to update the equipment; KMINA will not ensure the restoration of the service effectively, exonerating itself from
any liability for damages arising from the lack of service.

Responsibility:
KMINA does not guarantee the availability, access, and/or continued operation of the Portal and its Services. Furthermore, KMINA will not be liable for any damages caused to the user as a result of the unavailability, access failures, or lack of continuity of the Portal and its Services. We are not responsible to you for any type of liability, for any problems, damages, or losses that may arise from viruses or malicious software obtained after accessing or linking to our Services.
KMINA shall be solely and exclusively responsible for the services it provides and for content directly originating from KMINA or identified by its copyright. This liability shall be excluded in cases of force majeure or in cases where the user's equipment configuration is not adequate to allow proper use of the Services offered by KMINA.

Users must read these KMINA Terms of Use and Sale. Use of or access to this website implies knowledge and full acceptance of the legal notices and conditions detailed below.

Responsibility:
KMINA does not guarantee the availability, access, and/or continued operation of the Portal and its Services. Furthermore, KMINA will not be liable for any damages caused to the user as a result of the unavailability, access failures, or lack of continuity of the Portal and its Services. We are not responsible to you for any type of liability, for any problems, damages, or losses that may arise from viruses or malware obtained after accessing or linking to our Services.
KMINA shall be solely and exclusively responsible for the services it provides and for content directly originating from KMINA or identified by its copyright. This liability shall be excluded in cases of force majeure or in cases where the user's equipment configuration is not adequate to allow proper use of the Services offered by KMINA.
KMINA is not responsible for the possible appearance of advertisements indexed in search engines other than the Portal once they have been removed from our databases. KMINA accepts full responsibility for the legality of its actions under applicable law, as well as for the legality of the items it advertises on our Website.

Minors:
In general, to use the Portal Services, minors must have previously obtained authorization from their parents, guardians, or legal representatives, who will be responsible for all actions carried out through the Portal by the minors in their care.

Blog:
KMINA has a section on its website called "Improvement." In this section, KMINA will publish articles with news and information about our products and third-party stories related to KMINA values.
The user agrees that any information provided on the website will not be considered confidential. KMINA therefore has an unrestricted, royalty-free license to use, reproduce, display, and transmit such information. Furthermore, the user understands that all data provided in order to post a comment will be treated in accordance with KMINA's Privacy Policy .
The user agrees not to provide information that is defamatory, threatening, obscene, secretive, or, in any other way, unlawful. The articles are merely opinions or recommendations.

CONDITIONS OF SALE

Place an order:
To purchase our products:

1. Select the desired product(s). You can find all the information related to each product under the product name.
2. Select the desired quantity.
3. Click the "Add to Cart" button. Repeat this process as many times as necessary until you have selected and added all the products you wish to purchase to your cart. Similarly, if after choosing a product you ultimately no longer wish to purchase it, simply click the cart icon and then "delete" the product.
4. Once you have finished selecting your products, click on the shopping cart icon and then on the "Checkout" button. To purchase our products, KMINA will collect certain information from you, which is necessary to process the purchase of the products you selected. Failure to provide this information will prevent the online purchase from being completed. In accordance with the General Data Protection Regulation (EU), KMINA informs users that the personal data collected during the purchasing process will be entered into a file under its responsibility, for the purpose of processing such actions by the user and managing subsequent actions arising from them. You can read more about the processing of personal data in our Privacy Policy .

Unless you notify us otherwise, we will assume that your information has not been modified, that you agree to notify us of any changes, and that we have your consent to use it to maintain the relationship between us. It is essential that the user provide a valid email address during the purchasing process.
Once you've placed your order online, you'll automatically receive a confirmation email at the address you entered on the form. If this doesn't happen, please contact KMINA at hello@kmina.com.
At the time of placing an order through the website https://kmina-com.myshopify.com/, the user's consent is deemed to have been given for the validity and effectiveness of the purchase agreement that binds the parties. KMINA will electronically store the order data. Upon receiving the product at the delivery address provided, the customer will receive an invoice for the order by email or regular mail.

Order confirmation and acceptance
The contract between the User and KMINA will be deemed concluded once KMINA sends confirmation of the purchase to the email address provided by the customer, which confirmation will take place within a maximum of 24 hours.

Price
The products offered by KMINA are sold at the price shown on the website at the time the user places the order. Prices are expressed in euros and include Value Added Tax (VAT). KMINA reserves the right to unilaterally modify the price of the products and services offered through www.kmina.com at any time. To guarantee the customer the certainty and security of the price of their products, this price will be the one in effect in the advertising at the time the order is placed.

Shipping times
The delivery time varies depending on the product chosen. The delivery time can be found on each product's product page on our website.

The delivery time for orders is:

24 business hours if the order is placed before 2:00 PM.*
48 business hours if the order is placed after 2:00 PM.*

* Only for shipments within mainland Spain. In the Balearic Islands, shipments are expected within 2 to 5 business days. We do not ship to the Canary Islands, Ceuta, or Melilla.

* 10% of shipments may be delayed due to causes beyond KMINA's control.

Once the order has been placed, no changes to the shipping address are permitted unless the customer is responsible for the costs and it is expressly accepted by both parties.

However, delivery times may be affected if stock is out of stock. All our shipments are made through Corres Express, ensuring fast shipping and home delivery to the address indicated by the customer.

From the moment we notify you by email that your order has been shipped, the delivery time is 24-48 business hours for the Spanish mainland and up to 5 business days for the Balearic Islands. We do not ship to the Canary Islands or outside of Spain.

Delivery times are approximate. These times will be met as long as the customer has provided their name and address correctly. In the confirmation email, you will be able to "View your order," where the tracking number is provided. You can access it by clicking to view the full tracking information.

KMINA may move up the delivery date of an order, requiring the customer to receive it at the time of delivery. On special dates such as Christmas, Epiphany, or long weekends, the stated delivery times are not guaranteed due to the high volume of merchandise handled by shipping companies. During holiday periods, shipping may be delayed due to the high volume of pending shipments.

Place and form of delivery
The products will be delivered to the address designated by the user at the time of purchase. Subsequent changes to the delivery location requested by the customer may result in additional costs to the sales price, which will be borne by the buyer.
The merchandise will be delivered to the customer by the shipping company. If, upon receiving the merchandise, the customer finds any defects or visibly damaged items, they must return the product in its original packaging and notify KMINA of this fact by sending an email to hello@kmina.com.

Shipping costs
Shipping costs are €3.99 for orders under €25. Shipping is free for orders over €25 . We do not ship to the Canary Islands.

Method of payment
Credit card: Payment will be made through the Shopify Payments (by Stripe) payment gateway with a secure server. No card information is stored on our servers, making payments 100% secure. Payment must be made in advance for shipping.

Product Warranty
The company IMPROVING MOBILITY DEVELOPMENT, SL (hereinafter "KMINA" ) with CIF B-87491957 guarantees that at the time of sale its products are in accordance with the manufacturer's technical specifications and free from material or manufacturing defects.

The warranty is valid for 5 years and is included in the KMINA PLUS service for orders exclusively placed on this website from the date of purchase. It covers manufacturing defects in both the product and any of its components, provided they have been supplied by the manufacturer or one of its authorized distributors. The product's order and batch number must be provided.

To ensure this guarantee, KMINA subjects its products to internal quality checks, sampling, and tests carried out by itself or third parties, always based on the relevant UNE, EN, or ISO standards .

This certificate applies to all KMINA products and will be void if the product is improperly installed or maintained, repaired or used with non-original/unauthorized spare parts, failed to follow the manual's warnings, or used under extreme environmental conditions. The warranty does not cover normal wear and tear .

Returns
All exchanges and returns for orders placed on this website must be requested within 30 days of receipt.

To return an item you're not satisfied with, please email us at hello@kmina.com.

1. Must include the following:

Subject: Order No. - Return. E.g.: #0000 - Return
Email body: Reason for return. E.g.: Broken crutch

It is very It is important that you include your order number , otherwise we will not be able to process your return.

2. As soon as we receive the request, we will request the package be picked up and contact the interested party to notify them of the package pick-up. We will confirm the pick-up date and location.
3. To process a return, the item must be in the same condition as when it was sent, with its original tags attached, and unworn.
4. Once received at our warehouse, we will verify that the item is in the same condition as when it was sent, that it has not been used, and that it retains its original labels. We will proceed to refund the total amount paid (including shipping and return costs) in the same form in which the payment was made.

If KMINA is the cause of a return (wrong product shipped, product in poor condition, etc.), please contact us to process the return or exchange.

KMINA reserves the right to reject returns that do not meet the requirements described above.

If you need to exchange one item for another, please send an email to hello@kmina.com with the order number, the item you wish to exchange, and the reason for the exchange. We will contact you to arrange the exchange for the equivalent price of both items.

You have a maximum period of 30 calendar days from the date you receive your order to submit the return form. After this period, we will not be able to accept the return of your order.

In case of problems related to manufacturing defects of the product or any of its components, provided they have been supplied by the manufacturer itself or by one of its authorized distributors, you have a 3-year warranty .

Second-hand products do not incur return costs.

Once the return is approved (when we verify that the returned items are in perfect condition and in the same condition as when they were sent, that they have not been used, and that they retain their original tags), you will receive the full amount in the same way you made the payment. We will send you a confirmation email indicating the amount that will be credited to your account within a few days. Remember that the credit to your credit card or PayPal account always depends on your bank.

Right of withdrawal
According to the Distance Selling Regulations, customers in the European Union have 14 calendar days from the date of receipt of the order to exercise their right of withdrawal. You may exercise your right of withdrawal by means of any unequivocal declaration indicating your decision to withdraw from the contract. You can do so by emailing hello@kmina.com.
In this case, the amount paid (including shipping and return costs) will be refunded, and the order will be collected following the procedure outlined above.

Discount coupons
A discount coupon allows customers to benefit from one-time, limited-time offers and promotions. The discount coupon is personal, and only one discount coupon may be used per order and per shopping cart. Only discount coupons issued directly by KMINA are valid. Coupons are non-refundable and can be used on a single purchase of one or more products purchased through www.kmina.com that are part of the coupon promotion. Coupons cannot be exchanged for cash. Secondhand and rental products are not eligible.

The terms and conditions regarding coupon validity are included with each coupon. Discount coupons can be used for payment upon reaching a certain minimum purchase amount. This amount is specified in the terms and conditions governing each coupon, which are included in the email sent. It is applied to the final sales price (VAT included), excluding shipping costs. If the discount coupon amount does not cover the final sales price (VAT included), you must pay the difference.

If the coupon is worth more than your order, the difference is non-refundable and cannot be used for a subsequent order. Therefore, if you don't use the full value of the discount coupon on your order, you will forfeit the difference.

You are not permitted to sell, trade, or purchase discount coupons in any way without KMINA's permission. KMINA reserves the right to give away its products to any user it deems appropriate at any time, without prior notice to other users.

Applicable law in case of litigation
The relationship between KMINA and the user will be governed by current Spanish regulations.

However, there is the possibility of online dispute resolution in consumer matters in accordance with Article 14.1 of Regulation (EU) 524/2013, by which the European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/.

GENERAL RENTAL CONDITIONS

Price
The products offered for rent by KMINA are rented at the price shown on the website at the time the user places the order, which will vary depending on the rental duration. Prices are expressed in euros and include Value Added Tax (VAT). KMINA reserves the right to modify the price of the products and services offered through www.kmina.com at any time and unilaterally. To guarantee the customer the certainty and security of the price of their products, this price will be the one in effect in the advertising at the time the order is placed.

The collection Advance payment of the item will not entail a refund of the amount paid for the rental, either in whole or in part.

Shipping times
The delivery time varies depending on the product chosen. The delivery time can be found on each product's product page on our website.

The delivery time for orders is:

24 business hours if the order is placed before 2:00 PM.*
48 business hours if the order is placed after 2:00 PM.*

* Only for shipments within mainland Spain. In the Balearic Islands, shipments are expected within 2 to 5 business days. We do not ship to the Canary Islands, Ceuta, or Melilla.

* 10% of shipments may be delayed due to causes beyond KMINA's control.

Once the order has been placed, no changes to the shipping address are permitted unless the customer is responsible for the costs and it is expressly accepted by both parties.

However, delivery times may be affected if stock is out of stock. All our shipments are made via Correos Express, ensuring fast shipping and home delivery to the address indicated by the customer.

From the moment we notify you by email that your order has been shipped, the delivery time is 24-48 business hours for the Spanish mainland, and up to 5 business days for the Balearic Islands. We do not ship to the Canary Islands or outside of Spain.

Delivery times are approximate. These times will be met provided the customer has correctly provided their name and address. In the confirmation email, you will be able to "View your order," where the tracking number is provided. You can access it by clicking to view the full tracking.

For more information, see the SPECIAL CONDITIONS.

Place and form of delivery
The products will be delivered to the address designated by the user at the time of the contract. Subsequent changes to the delivery location requested by the customer may incur additional charges to the rental price, which will be borne by the buyer.

The merchandise will be delivered to the customer by the shipping company. If the customer, upon receiving the merchandise, finds any errors or visibly damaged items, they must return the product in its original packaging and notify KMINA of this information by sending an email to hello@kmina.com .

The rental may be cancelled up to 24 hours before departure at no charge. After this time, the deposit will be refunded, but the rental amount will not be refunded.

For more information, see the SPECIAL CONDITIONS.

Shipping costs
Shipping costs for rentals are free. We do not ship to the Canary Islands.

Return and collection
The lessee, as the party responsible for the rented item, will return it after arranging collection with KMINA. It must be returned in the same condition as received, except for normal wear and tear resulting from proper use. Failure to return the rented item after the agreed-upon period will be considered misappropriation.

For more details on returns and collection, please consult the SPECIAL CONDITIONS.

Bail
At the time payment is made for the rental of the item, the lessee will pay an additional amount to the rental price as a deposit or security deposit, which will be refunded within 3 to 5 business days after the returned product is delivered to the carrier in order to verify its condition.

The deposit will cover any damage that may occur to the rented item during the rental period. If the repair cost exceeds the deposit, the renter will be solely responsible.

The handling and use of the rented item is the sole responsibility of the lessee. Any damage caused is the sole responsibility of the lessee. The lessee will always be solely responsible, to the lessor and third parties, for any damage that may occur to the item.

No intervention, modification, manipulation, repair, or replacement of any part or accessory of the rental item may be carried out without the express prior approval of the Lessor. Failure by the Lessee will result in the non-refund of the deposit.

The deposit will be returned in the same form of payment as when we receive the rented product at our facilities.

For more details on the deposit, see the SPECIAL CONDITIONS.

Extension
If you wish to extend your rental, please contact us for details. The extension is considered a new rental period and does not accumulate with the expired rental period. The deposit does not need to be repaid. The deposit cannot be used to pay for the extension.
For more details on the extension, please consult the SPECIAL CONDITIONS

SPECIAL RENTAL CONDITIONS

RENTAL AGREEMENT BETWEEN IMPROVING MOBILITY DEVELOPMENT AND THE CLIENT

PARTICIPANTS:

On the one hand, Improving Mobility Development SL, with CIF B87491957, and address at Carrer de la Coma 19, Lliria, Valencia, hereinafter the lessor.

And on the other hand, the person interested in renting the mobility aid, hereinafter the lessee.

OBJECT:

The purpose of this contract is to establish the general conditions for contracting rental services for items leased by the lessor.

The items covered by the contract will be listed on the order form, which contains the specific conditions that are added to these general conditions.

PROVISIONS

I.- The lessee is interested in renting the aforementioned item, property of the lessor Improving Mobility Development SL

II.- The lessor will deliver the rental item to the lessee at the address agreed upon by both parties via courier service. The estimated delivery time will be as established in the "shipping times" available on the website.

III.- At the time the item is rented, the lessee will pay an additional amount to the rental price as a deposit or guarantee.

The deposit will be refunded to the renter within 3 to 5 business days after the returned product is delivered to the carrier so that the condition of the returned product can be verified.

The deposit will cover any damage that may occur to the rented item during the rental period. If the repair cost exceeds the deposit and the renter has breached any of the terms of this agreement, the renter will be solely responsible.

IV.- The handling and use of the rented item is the sole responsibility of the lessee. Any damage caused is the sole responsibility of the lessee. The lessee will always be solely responsible, before the lessor and third parties, for any damage that may occur to the item. The lessee may not perform any type of intervention, modification, manipulation, repair, or replacement of any part or accessory of the rental item without the express prior approval of the lessor. Failure by the lessee will result in the lessee paying the costs of restoring the item to its original condition or, where applicable, payment, at market value, for a new item.

V.-The lessee has a period of 24 hours to report any damage to the leased product. After this period, any damage found will be considered the lessee's responsibility, and the security deposit will be forfeited.

VI.- The price and rental period will be as established in the "KMINA product rental policy." In the event of a discrepancy, they will be as indicated on the website at the time of booking the service. Payment will be made prior to delivery of the item.

VII.- The collection Advance payment of the item will not entail a refund of the amount paid for the rental, either in whole or in part.

VIII.- The lessee, as the person responsible for the item being rented, will return it on the date and time indicated on the website when renting the item.

The lessee agrees to return the leased product in the same condition as received, except for normal wear and tear resulting from proper use.

The landlord will offer three different pickup options during business hours and days, with the pickup and drop-off locations being the same.

X.- Delays. Failure to return the rented item within the agreed period will result in a penalty of 50% of the monthly rental fee for each additional week of delay. For these purposes, the first day of delay will be considered the full week. The amount resulting from the delay will be deducted from the deposit.

The rental may be cancelled up to 24 hours before departure at no charge. After this time, the deposit will be refunded, but the rental amount will not be refunded.

XII. Once the rental period initially set has ended, without the product being delivered to the lessor and for reasons not attributable to the lessor, the period will be considered terminated and KMINA may take any legal action it deems appropriate to recover the product and any economic damages incurred.

If you wish to extend your rental period, please contact us at least 48 hours before the end of the original rental agreement to inform you of the procedure.

The extension period is considered a new rental period and does not accumulate with the already expired rental period. However, the initial daily rental price will be honored. The deposit does not need to be repaid. The deposit cannot be used to pay the extension.

XIII. The deposit will be refunded through the Shopify Payments (by Stripe) payment gateway.

XIV. The rental item may not be the same as the one shown on the website, but an equivalent item will be provided.

XV.- Both parties, with express exclusion of any jurisdiction that may apply to them, expressly submit to the jurisdiction of the Courts of Valencia, in order to submit to them any differences that may arise between the contracting parties or in the interpretation and application of this lease agreement.

XVI.- Early return (not end-of-rental collection) of the product will incur a charge of €12 (VAT included) by the lessor and the prorated amount of the days of use.

Contact

For any questions, queries, or suggestions, please contact KMINA using the following information:

IMPROVING MOBILITY DEVELOPMENT SL

Customer Service Department

Carre de la Coma nº 19, PI Pla de Rascanya, 46160 Llíria, Valencia

Email: hello@kmina.com