Terms and Conditions | KMINA

These Terms and 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 registered office at Avenida Mare Nostrum nº 1, 16ª, 46120, Alboraya Valencia, Spain.

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

Users must read these Terms of Use and Sale of KMINA. 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 of this agreement at its own discretion and without prior notice to the User. These modifications will take effect upon publication on the website. In any case, these modifications will not have retroactive effect on goods or services already contracted by the User. Therefore, we encourage you to regularly review the updated Terms of Use.
To access the website or receive the contracted service, each User will voluntarily provide their personal data under their own responsibility. Any personal data provided fraudulently or falsely by users may be considered a crime.

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

Intellectual property:
Regarding intellectual property, please refer to the provisions of 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 trademarks, products, and logos, among others, of the companies and centers offering the services, is protected by intellectual and industrial property laws. Therefore, the copying, transmission, assignment, sale, or use of this information by the User is not authorized without the prior express consent of KMINA or the owner of the trademarks or logos, in accordance with the terms established in the Intellectual and Industrial Property Law.

Portal usage:
The User agrees to use the Portal, its content, and services offered in accordance with the Law, these Terms of Use, generally accepted principles of morality, and public order. When using this website, the User must not:
• To undermine or harm the reputation and good name of KMINA.
• Alter, destroy or damage the data, programs or any information found on your website.
• To disseminate or publish insults, slander, defamation and/or racist, xenophobic content, content that glorifies terrorism or that violates human rights in any way.
• Obstructing or preventing in any way the access of other Users, as well as carrying out 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 content for illicit purposes or effects, or that circumvent applicable law, third-party rights, or our policies.
• Inciting other users to act illegally.
• Impersonating other users by using their login credentials. You also must not use fake email addresses to post ads.
• Distributing or sending spam, unsolicited mass electronic communications, chain messages or pyramid schemes.
• Use robots, spiders, scrapers or any other automated means to access the Services, as well as for any other purpose, without prior written consent from KMINA.
• To market any KMINA application or any information or software associated with such application.
• Collecting any information about Users, including email addresses, without their consent.
KMINA will use all means at its disposal to maintain service availability 24 hours a day, committing in the event of a breakdown to carry out, as soon as it becomes aware of it, all repairs necessary to restore service. However, if the lack of service is due to causes beyond KMINA's control, such as prolonged interruption of any external supply, failures of main network nodes, social conflicts, actions of third parties, or temporary suspension of service due to equipment upgrades, KMINA will not guarantee the effective restoration of service and will be exempt from liability.
no responsibility for damages resulting from the lack of service.

Responsibility:
KMINA does not guarantee the availability, access, and/or uninterrupted operation of the Portal and its Services. Furthermore, KMINA will not be liable for any damages or losses incurred by the user as a result of the unavailability, access failures, or lack of continuity of the Portal and its Services. We are not liable to you for any type of liability, problem, damage, or loss that may arise from viruses or malware obtained after accessing or linking to our Services.
KMINA will be solely and exclusively responsible for the services it provides and for content directly created by KMINA or identified with its copyright. This responsibility will be excluded in cases of force majeure or when the user's equipment configuration is not suitable for the proper use of the services offered by KMINA.

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

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 “Overcoming Challenges.” In this section, KMINA will publish articles with news and information about our products and stories from third parties related to KMINA values.
The user agrees that any information provided on the website will not be considered confidential. Therefore, KMINA will have an unrestricted, royalty-free license to use, reproduce, display, and transmit such information. Furthermore, the user understands that all data provided for posting comments will be processed in accordance with KMINA's Privacy Policy .
The user agrees not to provide information that is defamatory, threatening, obscene, a third party's secret, or otherwise unlawful. The articles are merely opinions or recommendations.

TERMS OF SALE

Place an order:
To purchase our products:

1. Select the desired product(s). You will find all the relevant information for each product.
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 selecting a product you decide you no longer want to buy it, simply click on the cart icon and then on "Remove" 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, necessary to process your purchase. If you do not provide this information, the online purchase cannot be completed. In accordance with the General Data Protection Regulation (EU), KMINA informs users that the personal data collected during the purchase process will be stored in a file under its responsibility, for the purpose of processing your actions and managing any 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 changed, that you agree to notify us of any changes, and that we have your consent to use it to maintain our relationship. It is essential that you provide a valid email address during the purchase process.
Once you have completed your order through the website, you will automatically receive a confirmation email at the address you provided on the form. If you do not receive this confirmation, please contact KMINA at hello@kmina.com.
Upon placing an order through the website https://kmina-com.myshopify.com/, the user's consent to the validity and effectiveness of the sales contract, which binds both parties, is understood to be given. KMINA will electronically store the order details. The customer will receive the order invoice by email or regular mail upon receiving the product at the provided delivery address.

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

Price
The products offered by KMINA are sold at the price displayed on the website at the time the user places their order. Prices are expressed in euros and include Value Added Tax (VAT). KMINA reserves the right to unilaterally modify the prices 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, the price will be that which is advertised at the time the order is placed.

Shipping times
Delivery times vary depending on the product chosen. You can find the delivery time specified on each product page of 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. Shipments to the Balearic Islands take 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, it is not permitted to make any changes to the shipping address, unless the customer bears the costs and it is expressly accepted by the parties.

However, delivery times may be affected if the item is out of stock. All our shipments are made through Correos Express, guaranteeing fast shipping and delivery to the address provided 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 mainland Spain, 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 estimates. These times will be met provided the customer has correctly provided their name and address. In the confirmation email, you can "View your order" where you will find the tracking number , which you can access by clicking on it to view the full tracking information.

During special campaigns and periods of high shipping volume (such as Black Friday or Christmas), these agencies may experience saturation and delays that are beyond KMINA's control.

In these cases, a delay in delivery will not automatically entitle the customer to a refund if the order has already been shipped, although we will always track the shipment and look for the best solution for the customer.

KMINA may bring forward the delivery date of an order, obligating the customer to accept the order at the time of the earlier delivery. During peak periods such as Christmas, Three Kings Day, or long weekends, the stated delivery times are not guaranteed due to the high volume of goods handled by transport companies. After holiday periods, shipping may be delayed due to the high volume of pending shipments.

Place and method of delivery
Products will be delivered to the address specified by the user at the time of purchase. Any subsequent change to the delivery address requested by the customer may incur additional charges, 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 errors or that it is visibly damaged, they must return the product in its original packaging and notify KMINA by sending an email to hello@kmina.com.

Shipping costs
Shipping costs €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 processed through Shopify Payments (by Stripe) with a secure server. No card details are stored on our servers, making payments 100% secure. Payment must be made in advance before shipment.

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 lasts for 5 years and is included in the KMINA PLUS service, for orders placed exclusively through this website from the date of purchase. It covers manufacturing defects in the product and any of its components, provided they were supplied by the manufacturer or one of its authorized distributors. You will need to provide the order number and product batch number.

To provide this guarantee, KMINA subjects its products to checks, internal quality sampling and its own or third-party tests, always based on the corresponding UNE, EN or ISO standard .

This certificate applies to all KMINA products and will become invalid in the event of: improper installation or maintenance, repairs or use of non-original/unauthorized replacement parts, failure to follow the warnings in the manual, or when the product is used under extreme environmental conditions. The warranty does not cover normal wear and tear .

Returns
All changes and returns of orders placed on this website must be requested within a maximum period of 30 days from receipt of the order.

To return an item you are not satisfied with, please send us an email to hello@kmina.com.

1. It must include the following:

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

It's 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 arrange for the package to be picked up and will contact the interested party to notify them of the pickup. We will confirm the date and location of the pickup.
3. To process the return, the item must be in the same condition as when it was sent, with its original tags and without having been used.
4. Once received in our warehouses, we will check that the item is in the same condition as when it was sent, that it has not been used, that it retains its original tags and we will proceed to refund the total amount paid (including shipping and return costs) in the same way in which the payment was made.

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

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

If you need to exchange an item for another, you will need to send an email to hello@kmina.com, with the order number, the item to be exchanged and the reason for the exchange and we will contact you to process it for the resulting price difference between both items.

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

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

Second-hand products do not involve return shipping costs.

Once your return is approved (after 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 a full refund using the same payment method you used. We will send you a confirmation email indicating the amount that will be credited to your account within a few days. Please remember that the processing time for refunds to your credit card or PayPal account always depends on your bank.

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

Discount coupons
A discount coupon allows customers to benefit from specific, limited-time offers and promotions. Each coupon is personal, and only one coupon can be used per order and per shopping cart. Only discount coupons issued directly by KMINA are valid. Coupons are non-refundable, can be used for a single purchase of one or more products acquired through www.kmina.com that are included in the coupon's promotion, and cannot be exchanged for cash. Second-hand and rental products are excluded.

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

If the coupon value is greater than your order total, the difference is non-refundable and cannot be used for a future order. Therefore, if you do not use the full value of the discount coupon on your order, you will lose the difference.

Selling, trading, or acquiring discount coupons in any way without KMINA's permission is not allowed. KMINA reserves the right to give away its products to users 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 legislation.

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

GENERAL RENTAL CONDITIONS

Price
Products offered for rent by KMINA are rented at the price displayed on the website at the time the user places the order, and this price will vary depending on the rental period. Prices are expressed in euros and include Value Added Tax (VAT). KMINA reserves the right to unilaterally modify the price of 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, the price will be that which is advertised at the time the order is placed.

The collection Early return of the item will not result in a refund of the amount paid for the rental, either in full or in part.

Shipping times
Delivery times vary depending on the product chosen. You can find the delivery time specified on each product page of 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. Shipments to the Balearic Islands take 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, it is not permitted to make any changes to the shipping address, unless the customer bears the costs and it is expressly accepted by the parties.

Delivery times are estimates. These times will be met provided the customer has correctly supplied their name and address. In the confirmation email, you can "View your order" where you will find the tracking number, which you can access by clicking on it to view the full tracking information.

For more information, please consult the SPECIFIC CONDITIONS.

Place and method of delivery
The products will be delivered to the address specified by the user at the time of purchase. Any subsequent change to the delivery address requested by the customer may incur additional charges on top of the rental 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 errors or visibly damaged items, they must return the product in its original packaging and notify KMINA by sending an email to hello@kmina.com .

The rental can be cancelled up to 24 hours before delivery at no cost. After this time, the deposit will be returned, but the rental fee will not be refunded.

For more information, please consult the SPECIFIC CONDITIONS.

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

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

For more details on returns and collection, please see the SPECIFIC CONDITIONS.

Bail
At the time the rental payment for the item is made, the lessee will pay an additional amount to the rental price as a deposit or guarantee, which will be refunded between 3 and 5 working days after delivery to the carrier of the returned product in order to verify the condition of the returned product.

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

The handling and use of the rented item is the sole responsibility of the renter. Any damage caused is the sole responsibility of the renter. The renter will always be solely liable to the lessor and third parties for any damage that may be caused 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 to comply 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 about the deposit, please refer to the SPECIFIC CONDITIONS.

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

SPECIFIC RENTAL CONDITIONS

LEASE 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 item, hereinafter the lessee.

OBJECT:

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

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

STIPULATIONS

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

II. The lessor will deliver the rental item to the lessee at the address agreed upon by the parties via a courier service. The estimated delivery time will be that established in the "shipping times" section accessible 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 security deposit.

The deposit will be refunded to the renter between 3 and 5 working days after the returned product is handed over to the carrier in order to verify the condition of the returned product.

The security deposit will cover any damage to the rented item during the rental period. If the repair costs exceed the security deposit and the renter has breached any of the terms of this contract, 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 shall always be solely liable to the lessor and third parties for any damage that may be caused to the item. The lessee may not carry out any type of intervention, modification, manipulation, repair, or replacement of any part or accessory of the rented item without the express prior approval of the lessor. Failure to comply by the lessee will result in the lessor paying the costs of restoring the item to its original condition or, if applicable, the cost of a new item at market value.

V.-The lessee has a period of 24 hours to notify any damage to the rented product. After this period, any damage found will be considered the responsibility of the lessee and the deposit will be forfeited.

VI. The price and rental period will be those established in the “KMINA Product Rental Policy” and, in case of discrepancy, those indicated on the website at the time of contracting the service. Payment will be made prior to delivery of the item.

VII.- The collection Early return of the item will not result in a refund of the amount paid for the rental, either in full 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 rented product in the same condition in which it was received, except for normal wear and tear from proper use.

The lessor will offer 3 different collection options on weekdays and at the same collection location as the delivery location.

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 this purpose, the first day of delay will be considered a full week. The resulting amount will be deducted from the security deposit.

The rental can be cancelled up to 24 hours before delivery at no cost. After this time, the deposit will be returned, but the rental fee will not be refunded.

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

If you wish to extend the rental period, please contact us for instructions at least 48 hours before the termination of the original rental agreement.

The extension period is considered a new rental period and does not accumulate with the previously expired period, although the initial daily rental rate will be honored. The security deposit does not need to be repaid. The security deposit cannot be used to pay for the extension.

XIII. The deposit refund will be made 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 you will be provided with an equivalent one.

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

XVI.- Early return (not collection at the end of the rental period) of the product will entail an expense on the part of the lessor of €12 (VAT included) and the pro-rata of the days of use.

Contact

For any questions, queries or suggestions, you can 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