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Terms & Conditions

INTRODUCTION

By placing orders at www.abikim.com you agree to be bound by below general Terms and Conditions and our Data Protection Policies. Please read through these Terms, our Cookies Policy and our Privacy Policy (together the “Data Protection Policies”) prior to using this website. The applicable language of the Terms and Conditions is the English language. In below we will refer to ABI KIM E.S.P.J. as “us”, “our” or “we”.

If you do not agree to all the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones. By purchasing any product from this website, you enter into a contract with us on these terms. For any questions relating to terms and conditions, general web shop, orders or shipments, please contact us:

customercare@abikim.com

1. Identification data

The website https://abikim.com/ where you formalize your purchase is owned by ABI KIM E.S.P.J. (hereinafter, ABI.KIM), c/ Will Faber, 3, BJ A, 07800 Eivissa, Spain, Tax ID No. E-16626855, E-mail: info@abikim.com .

2. Placing order

By using the Website and/or placing an order on the Website, by telephone, e-mail or by live chat you confirm that you have read these Terms and Conditions and the Privacy Policy, and that you accept them. Please make sure that you have read and understood the Terms and Conditions before you place an order. An order can only be placed if you have previously confirmed that you accept these Terms and Conditions. Before you place your order, you will be given the opportunity to review your selections, the information you have provided, the total price of your order and correct any input errors. Please note that products in your shopping bag are not reserved and may be purchased by other customers until you have placed the order at checkout and received the order confirmation email. If prolonged inactivity causes your connection to the Website to fail, your selection of products may be lost. In such case, you will be required to re-enter your selection of products to the shopping bag.

3. Order confirmation

After submitting your order, we will send you an order confirmation e-mail with your order number, details of the product or products you have ordered from us, your payment details and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order.

4. Acceptance and shipping confirmation

Please note that all orders placed by you are subject to acceptance by us. We may, at our discretion, choose not to accept your order for any reason whatsoever without any liability to you. Once the order has been processed, a shipping confirmation e-mail will be sent with all relevant information about your order and these Terms and Conditions. The shipping confirmation is our acceptance of your order. Please note that ABI.KIM does not guarantee that all products presented on the Website are in stock at the time of your order. If a product is unavailable, we will contact you shortly, by phone or by e-mail. If we already have received payment for such product we will refund you the amount of the purchase.

5. Price

The price of any items will be as stipulated on our website from time to time, except in cases of obvious error. While we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund. We are under no obligation to provide the items to you at the incorrect (lower) price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect price.

ABI.KIM E.S.P.J. websites prices include VAT at the standard Spanish rate of 21%. When selecting the shipping location at the end of the checkout process, the local VAT rate and total price are adjusted according to the destination selected. PLEASE NOTE: If any additional applicable taxes or handling fees in your country exist, ABI.KIM E.S.P.J. will not cover any of these charges. The pricing currency on our website is determined as Euro.

6. Payment

Once you have finished shopping, all the items you wish to purchase are added to your basket and your next step will be to go to the checkout process and make your payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. Throughout the purchase process, before your payment, you can modify the details of your order.

Credit/Debit cards

We accept payment via VISA and MasterCard. When paying by card you will be asked for the card number, its period of validity and the CVC code. We use a security standard called 3D-Secure, developed by VISA and MasterCard. All information is encrypted using SSL encryption, which prevents unauthorized access to card details. We do not store card numbers after the transaction has been completed.

You confirm that the credit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Acne Studios, your order will be cancelled. We are not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of your order.

PayPal

When selecting the PayPal option, you will be directed to the PayPal site to “Log In” and review the amount shown before clicking “Pay Now”. Once this transaction is complete, you will then return to the Website.

7. Delivery and delivery expenses

The delivery of your orders depend on the method you chose. The timing of each delivery is shown in the purchase page.

Delivery times

Unless extraordinary circumstances happen, we will attempt to fulfill your order with the product(s) listed in the Shipping Confirmation prior to the delivery date set out on the Shipping Confirmation or, if no delivery date is specified, within 15 days from the Shipping Confirmation date.

Delays may occur due to the following reasons:
– Unforeseen circumstances;
– Delivery area;

If, for any reason, we are unable to meet the delivery date, we will notify you of this and we will give you the option of going ahead with the purchase and setting a new delivery date, or canceling the order with a full refund of the amount paid. In any case, bear in mind that we do not deliver on Saturdays or Sundays. We suggest you give us an address where someone can personally receive the package during working hours.

ABI.KIM is not responsible of any customs cost. If this package is sent to the Canary Islands the client must respond to the expenses of the importation DUAS. If you have any doubt about the delivery or any other incidence you can contact us here or write an email to customercare@abikim.com. If the client makes a mistake on the information about the delivery, he will be able to modify them by sending an email to customercare@abikim.com.

If the mistaken information refers to the postal code of the address the client ask the delivery to be made to we will change the address to a new one only if the shipping hasn’t been made yet. If the shipping has already been made, the client will have to wait until the delivery gets to the first given address and then start the returning procedure.

For the purpose of these Terms and Conditions, “delivery” will be understood to have occurred or the product(s) will have been “delivered” upon signing the receipt for it at the agreed delivery address.

Courier company

The delivery of orders is realized via different courier companies, dependent on the destination address of the product and indicated by the customer at the time of placing the order. If, at the time of collection/delivery you are not present at the address indicated, wherever possible, the courier Company will leave you a notice, so you can contact them, and arrange a new date and time for delivery.

8. Warranty

All products offered at www.abikim.com come with a guarantee indicated by the manufacturer, and according to what is established in the current legislation. Certain pieces or products, may have a longer warranty period depending on the manufacturer, in which case it will be indicated in product characteristics.

9. Returns and exchanges

In cases where the product is defective, or damaged, or You consider that, upon its delivery, the product does not match what was stipulated in the Contract, you must contact us immediately through our contact form or through your customer account, by providing the product details as well as a description of the damage found, or by calling our Customer Service team at +34 667060835 or customercare@abikim.com , who will then tell you how to proceed.

The amounts paid for products that have been returned due to any damage or defect—when there is any—will be refunded in full, including the shipping costs incurred in delivering the item, as well as the costs incurred in returning the defective product, up to a limit established be territorial bands. The refund will be made using the same payment method used to pay for the purchase.

No refunds will be accepted in the following cases:
– the product is in poor condition
– the product is not complete, accessories are missing, or it has been tampered with and/or broken
– accessories or instructions or other original documentation is missing
– the return period established has expired
– no proof of purchase or invoice is provided

The refund will be made once we have received the product and verify that it is in perfect condition (except in cases of defective products, or damaged during the transport of delivery to the customer), and in any case, no later than 14 working days from the date on which the product was received on our premises. The refund will always be made using the same payment method used to pay for the purchase.

10. Information of the right of revocation

Right of Revocation

You are entitled to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you have, or a third person designated by you (other than the carrier) has, received the products. In order to exercise your right of revocation, you must inform us at customercare@abikim.com , +34 667060835 by means of an unambiguous notification of your decision to revoke this contract. You may electronically complete and submit the specimen revocation form provided on our website. This is, however, not compulsory. In order to comply with the time limit for revocation, it is sufficient that you send the notification of the exercise of the right of revocation before the time limit for revocation expires.

Consequences of revocation

If you revoke this contract, we are obliged to return to you, promptly but in no case later than within 14 days from the day on which we have received the notification of your revocation, all payments that we have received from you including the costs of delivery. For such repayment, we will use the same means of payment that you have used for the initial transaction unless expressly agreed with you otherwise; in no case will we charge you any fees due to such repayment. We are entited to refuse repayment until we have recovered the products or you have evidenced that you have sent the products back to us, whichever occurs first. Your are obliged to send back or hand over the products to us promptly, but in no case later than within 14 days from the day on which you notified us of the revocation of this contract. The time limit is complied with if you send the products before the expiration of the 14 days’ time limit.

11. ABI.KIM Responsibilities

ABI.KIM guarantees the quality of the service given through the website. All the rights that the laws in force guarantee to consumers and users are guaranteed. The neglect of any of this rights or General Conditions could provoque a devolution or cancelation of the services purchased by the client.

12. Client’s Responsibilities

The client must make lawful use of the services, without contravening the current legislation, or injuring the rights and interests of third parties. The client must guarantee the veracity and truthfulness of the provided information when he/she fill in the contract forms, avoiding the causing of damages to ABI.KIM as a result of the incorrectness of the information. The neglect of any of this requirements or Conditions could give place to the retirement or cancelation of the services given by ABI.KIM without the need of any previous warning to the client. In this case the costumer will have no right to any type of compensation.

13. Data Protection

In accordance with the provisions of the current legislation on protection of personal data, we inform you that your data will be incorporated into the treatment system owned by ABI KIM E.S.P.J. with tax identification code (VAT) E16626855 , in order to facilitate, expedite and fulfill the commitments established between both parties. In compliance with current regulations, ABI KIM E.S.P.J. reports that the data will be retained for the period strictly necessary to comply with the above precepts.

As long as you do not communicate otherwise, we will understand that your data has not been modified, that you agree to notify us of any variation and that we have your consent to use them for the aforementioned purposes. ABI KIM E.S.P.J. reports that it will proceed to treat the data in a lawful, loyal, transparent, appropriate, pertinent, limited, accurate and up-to-date manner. That is why ABI KIM E.S.P.J. agrees to take all reasonable measures to be abolished or rectify without delay when they are inaccurate.

14. Industrial and Intellectual property

ABI.KIM E.S.P.J. by itself or as assignee, owns all the intellectual and industrial property rights of its website, as well as the elements contained therein (with the title, images, sound, audio, video, software or texts; trademarks o logos, colour combinations, structure and design, selection of used materials, computer programs necessary for their operation, access and use, etc.), owned by ABI.KIM E.S.P.J. They will, therefore, be protected as intellectual property by the Spanish juridical order, hazard applicable both the Spanish and communitarian regulations in this field, and the international treaties related to the matter and subscribed by Spain.

All rights reserved. Pursuant to articles 8 and 32.1, second subparagraph, of the Intellectual Property Act, reproduction, distribution and public communication, including their method of making available, of all or part of The contents of this website, for commercial purposes, in any support and by any technical means, without the authorization of ABI KIM E.S.P.J.

The user agrees to respect the intellectual and Industrial property rights owned by ABI KIM E.S.P.J. You will be able to view the elements of the portal and even print them, copy them and store them on your computer’s hard drive or any other physical support as long as it is, only and exclusively, for your personal and private use. The user must refrain from deleting, altering, circumventing or tampering with any protection device or security system that was installed on the pages of ABI KIM E.S.P.J.

15. Jurisdiction and applicable law

If by any case, it appears to be any conflict of discrepancy in the interpretation or application of these contractual conditions, the Courts and Tribunals will be aware of the matter and will the ones that apply the legal regulations applicable in matters of competent jurisdiction, in which is addressed, in the case of final consumers, to the place where the obligation is fulfilled or that of the domicile of the buying party.

All this without the prejudice to the client’s faculty to go to the Consumer Arbitration Boar of their demarcation.

The relationship between the user and the provider will be governed by current and applicable regulations in the Spanish territory. If any controversy arises the parties may submit their disputes to arbitration or go to the ordinary jurisdiction in compliance with the rules on jurisdiction and competition in this respect.

16. Version of the terms and conditions

The latest update of the Terms and Conditions of ABI.KIM was made in December, 2019.