General sales conditions

1. Identification

These general conditions of contract apply to all commercial transactions carried out in our virtual store, www.klasthome.com, a domain operated by KLAST RETAIL, S.L., a company legally registered in Spain with registered office at Antic Regne de Valencia, 6, Alcacer, 46290.

Trade name: KLAST

C.I.F. number B16967093

Phone: 0034 625 919 190

Email: hello@klasthome.com

Hereinafter, we will refer to KLAST RETAIL, S.L., as "KLAST" and to the online platform where the products of the aforementioned brand are sold as www.klasthome.com

2. Activity

KLAST® is engaged in the sale of furniture and decoration products of the KLAST® brand

These general conditions regulate only the online sale of products marketed under the KLAST® brand and only through the wwww.klasthome.com website, with sales in physical stores not being subject to the regulation made in this document.

The website is owned by KLAST RETAIL, S.L.

We only sell our KLAST® brand products in mainland Poland, they are not sold to any of the islands belonging to the country.

3. Pre-contractual information for the consumer and purpose of the contract

The consumer will have the general conditions of sale available on the website at all times. It is the responsibility of the customer to know the content of these conditions of sale before starting the purchase process.

The customer, before the conclusion of the contract, undertakes to read these General Conditions of Sale before concluding the order and to:

• Review the characteristics of all the items included in your order, which are specified in the file of each item.
• Provide KLAST® with truthful information about the data requested in the user registration or ordering forms and keep them updated at all times.
• Provide KLAST® with any information necessary to access your home and deliver the goods to the indicated place

KLAST undertakes to inform the customer at all times, upon confirmation of the order, about:

• The total price of your orders, including taxes, with shipping costs broken down.
• The different payment methods.
• The conditions, terms and procedures on the exercise of your rights as a consumer.
• The existence of the After-sales service and the legal guarantee of conformity to the goods purchased on our website.
• A conflict resolution page.

4. Website performance

The user/customer will be able to know the content of the website without having to register, however, to access the electronic purchase they must register for free as a user of the page www.klasthome.com from the "I am new" tab. The data will be diligently safeguarded according to legal specifications. If you are interested, you can find out about them in our data protection policy section. The user may cancel their registration at any time by sending an email to protecciondatos@klasthome.com.

In each product offered on the website, there is an estimated delivery time, so the customer can decide whether or not to purchase the product. Once you have decided to purchase the product because it interests you, and you agree with the estimated delivery times, you can access the online purchase of the product.

Confirmation of the purchase will only occur once payment has been made for any of the payment options made on the website www.klasthome.com. Once the purchase is confirmed, KLAST® will issue an on-screen purchase confirmation that can be archived. The order number, order date and a summary of the goods purchased and the date of issue of the same are reported here.
In addition, the customer will receive a confirmation of the order placed in their email within 24 hours.

We recommend that you do not make the payment until you have read and understood the general conditions of purchase that appear in this document. At any stage of the process, you can consult them on the website www.klasthome.com, which can be found at the end of any page.

5. Of the products and their portrayal on www.klasthome.com

Each product sold is displayed on the website www.klasthome.com through photographs and a description. KLAST® takes photographs with the greatest possible definition and clarity, always trying to make them as close to reality as possible. The photographs respect the physiology of the KLAST® product as much as possible. Small aesthetic differences and discrepancies in measurements may be caused by adjustments made in production or subtle variations in colour with respect to the calibration of profiles or screens used for printing catalogues, brochures, or publications on the website.

In addition, you can find a detailed description by clicking on the photograph, which again details the availability, shipment method, material and composition and the dimensions of the same. And of course the price.

The product that is sold is the one that is shown in the photograph and that is described together with it and in the product sheet when you click on it. The rest of the products included in the photograph will not be sold together with the individualised and detailed product. KLAST® sells the goods individually, not the set indicated in the photograph.

• KLAST® will also announce through its page the offers available at any time, indicating the original price, the current price and the discount that the offer represents.
• KLAST® reserves the right to modify the commercial offer presented on the website (modifications to products, prices, promotions and other commercial and service conditions), at any time.
• KLAST® makes every effort to ensure that the information on our website is truthful and free from typographical errors. If any error of this type occurs, always beyond the control of KLAST®, it will be corrected as soon as it is detected. If there is a typographical error in the price of any product and a customer has made a purchase decision based on this error, KLAST® will notify the customer of such error and the customer may cancel the order at no cost.

The price of furniture and accessories on this website is inclusive of all taxes.

6. Sales system:

With these general conditions of sale, KLAST® sells and the customer purchases remotely the goods indicated and offered on the website www.klasthome.com. The contract is carried out exclusively online, through the access of the customer and/or user to the website www.klasthome.com and by placing an order according to the procedure provided for on this website.

The purchase and sale through www.klasthome.com is only available for shipping addresses in mainland Poland. The prices of the products displayed on the website www.klasthome.com include Value Added Tax (VAT) that, where appropriate, may be applied.

7. Availability of items and delivery time

The availability of products refers to the approximate delivery date at the time the customer places the order. Estimated delivery refers to the time when the goods are delivered to the customer's delivery address under normal conditions.

The estimated delivery time will be defined in the item sheet at the time of order confirmation, and there may be some variation in it.

Exceptionally, it may happen that before confirming your purchase, availability is displayed and changes automatically at the time the consumer confirms their purchase. Please note that each time an order is confirmed, the availability in the warehouse is reduced. When online sales are made, it can happen that different simultaneous online purchases are made of the same product, which could mean that, despite having confirmed availability, it has been reduced as other products have been purchased immediately prior to your purchase. In this case, the unavailability of the product will be communicated by email. The refund process will begin immediately.

The product will not be reserved in favour of the customer until payment is made in full. When the customer chooses to pay by transfer or instalment payment, the items will not be reserved until the payment is effective and has been validated by the KLAST administration department. Until the payment is confirmed, the delivery time will not start counting.

The delivery times may be modified by agreement between the customer and the carrier when establishing the time to deliver the goods.

8. Payment method and taxes

At the time of payment, the website www.klasthome.com will offer you different payment methods from which you can choose the payment method that best suits you. Among the payment methods, the possibility of obtaining financing will also be offered. It cannot be paid in a way different from those offered on the website.

Orders will be paid by any of the methods offered at the time of processing them on the website. Once the full payment of the order is received, the financing is confirmed or the bank transfer is received, it will be validated, and the confirmation email will be sent. All payment solutions are completely secure and guaranteed by banking and financial institutions. In any case, the buyer's bank details will not be kept by www.klasthome.com

As specified in point 7, in cases of payment by transfer or instalment payment, the items of the order will not be reserved until the payment is effective, and the order is validated. For this reason, the shipping time or availability of such items included in the order may be affected.

The conditions for each payment method are specified on the website where the payment is confirmed. Thus, the customer can check the payment conditions, especially when they intend to finance or split the payment of the purchase, as they can find out the interest and the cost of financing. The customer is obliged before opting for a payment method to know and accept the terms of the payment method.

If the customer wishes to obtain financing, KLAST® only makes available to the customer a financial institution with which to finance the acquisition of the product and does not participate in the contracting or storage of the data. The client deals directly with the financing company.

Once the merchandise is shipped and before proceeding to its delivery, the customer will receive by email the invoice detailing the products purchased and with the corresponding VAT or tax broken down.

9. Shipments

Orders placed through our website www.klasthome.com will be delivered to the address specified at the time of purchase.

IMPORTANT: We do not make deliveries on weekends or holidays; in the case that your order indicates a delivery date on a Saturday or Sunday, it will be delivered on the next business day. None of our delivery methods include furniture assembly.

• Street delivery: This is Klast's standard delivery service. With this service, the delivery is made at the entrance of the client's house or building. The carrier is not obligated to make the delivery inside the home or to schedule an appointment with the client. Choosing this type of transportation implies that the items may be received at different times and depending on their availability, in the case that the order includes more than one item. Prior to delivery, the client will receive an email indicating that their order is out for delivery. The courier agency reserves the right to deliver the order at a collection point or "pick up" after repeated absence of the client at the time of delivery. Delivery at a collection point or "pick up" does not entail a refund of shipping costs.

Shipping Rates - Continental (not including islands)

Klast transportation services do not include assembly or unpacking services.

Once the order has been validated, the customer will receive an email with the proof of purchase. This email includes the delivery time, the chosen form of transport informing about its cost and the price duly broken down.

The user will acquire ownership of the products once they have paid the full agreed price.

10. Inability to deliver goods:

• Delivery address: The merchandise will be sent to the address indicated by the customer when placing the order, so you must ensure that the information has been entered correctly. If there are any errors in the information entered, the customer must assume the cost of delivering the orders to the wrong address. KLAST assumes no responsibility when the delivery of an order cannot be made as a result of incorrect or incomplete information.
  
  
• Failure to receive the goods: If the goods are returned to our warehouse due to the absence of the customer or other causes beyond the control of KLAST, we reserve the right to charge the transport costs again or to cancel said order, subtracting from the amount to be returned the transport costs incurred, as well as the damages caused.
  
  
• Modification of orders in progress: KLAST will try to make the changes requested by the customer for those orders that are in progress at no cost. Notwithstanding the foregoing, if the shipment has already been initiated and there has already been a cost for the start of the transport, it will be passed on to the customer.
  
  
• Special situations: the customer must inform KLAST® at the time of placing the order of any difficulties in accessing the property and being able to place the furniture inside, such as lack of a lift, narrow staircases, narrow doors, the possibility of accessing through the façade if necessary and if access via the stairs is not possible, etc. In any case, all additional services required as a consequence of these special situations (pulleys, cranes, lifting platforms, workers, or any other special transport, etc.) are not included in the price of the product or the shipping method and must be paid for by the customer.
  If these circumstances result in an additional cost for transport or delivery, this will always be borne by the customer. In such a case, KLAST® will inform the customer so they can decide whether or not to purchase the product.
  
  
• Exemption from liability: KLAST will be exempt from the obligation to deliver the goods as long as the cause of the non-delivery is not attributable to them. Likewise, KLAST will be exempt from delivery liability in the event of:

1. Not receiving full payment for the goods.
2. The merchandise has been rejected twice.
3. Omission or inaccuracy in the data when placing the order.

• Storage of the merchandise: in the event that the customer cannot receive the merchandise within the stipulated deadlines, the customer may request KLAST to store the merchandise in their warehouses or those of its logistics partners for one month. The cost of storage that may occur is estimated at 35 euros per cubic meter per month. This period may not be extended unless there is express consent from KLAST.

11. Product defective or damaged during transport:

If the product is hit or presumably damaged during transport, the customer must state it on the delivery note at the time they receive the goods to safeguard their interests. Likewise, you must inform KLAST as soon as possible to be able to make the corresponding claims to the carrier.

To process an incident of this type, you must send an email to the incident and claims email: postventaweb@klasthome.com

KLAST will manage the return or exchange of the product, and it will be carried out by a company selected by KLAST. If the user wishes to return the goods with a transport company other than the one proposed, the user will assume the difference in the cost of transport.

Before opening a product, the user must verify the conformity and condition of the products, the integrity of the packaging and that the number of packages delivered corresponds to what is indicated on the transport delivery note. In case there is any anomaly, the customer must make a claim immediately. If the user detects any anomaly before opening the product, the seal or its packaging must not be opened, and they must write on the delivery note "accept with reservation", specifying the cause and the detail of the defects, damp damage or any other incident found.

12. Warranty:

KLAST responds to the guarantees legally required in the Law on Guarantees in the Sale of Consumer Goods. It is obliged to deliver to the consumer a good that is in accordance with the contract of sale in the terms established in this law.

All our products are guaranteed against manufacturing defects for 3 years, except in products where another term is indicated due to their speciality.

Under the terms of this law, the consumer has the right to repair the good, replace it, reduce the price and terminate the contract.

This warranty includes material, labour and shipping costs.

To make use of the warranty, it's essential to present the invoice or proof of purchase by sending an email to postventaweb@klasthome.com

The warranty excludes the characteristics of the product and its nature, as well as the following assumptions:

1. The improper use of the product by the customer after delivery of the goods. The warranty is excluded for the transport of the products after the delivery of the goods, accidents, improper use and other damages, not due to the normal use of the product by the customer after the delivery of the goods.
2. Transport of the product without the original packaging.
3. Deterioration caused by chemical products (acids, solvents, dyes, paint, ammonia, lacquers, or other hairdressing products...) or treatment of furniture or decorative objects with cleaning products not indicated for the upholstery, surface or specific material of the guaranteed product.
4. Deterioration of colour due to the product being exposed to sunlight or other sources of heat.
5. Indirect damages and losses of any kind.
6. Burns, cuts, scuffs, wrinkles, marks, scratches or other damage caused by animals or improper use of the product.
7. Personal and/or material damage, caused as a result of non-compliance by the user with the rules and instructions provided for the installation, use and maintenance of the product. If proof of purchase data is modified or replaced.
8. If the good is handled or repaired by personnel outside the company and therefore not authorised.

The commercial guarantees offered by KLAST with respect to its products are designed for domestic use. This guarantee will not apply in the event that there is evidence of a different use, a professional use linked to a business activity and in any case for its use in institutions and public administrations. The guarantee of the products acquired for the development of a business or professional activity will be regulated in accordance with the provisions of the Commercial Code and the Civil Code.

13. Changes:

In case of receipt of defective products or products that do not comply with the order placed, the customer has the right to repair or replace the products, as appropriate, at no charge. The client may exercise this right provided that it complies with the deadlines set out below:

• In the case of products damaged during transport, with visible blows or breaks at the time of delivery, the customer must make the claim within 72 hours of receipt. Said claim must be indicated on the same delivery note that is delivered together with the goods or in writing through the email postventaweb@klasthome.com
• If the manufacturing defect arises, , and it becomes evident after the delivery of the goods, www.klasthome.com makes its 36-month warranty available to the customer. (See point 12. Warranty.)

If the deadlines established in this point are not met, www.klasthome.com reserves the right not to change the furniture.

The shipping costs will only be refundable in case of defective products or products that do not comply with the order placed.

14. Returns and right of withdrawal:

In accordance with the provisions of the General Law for the Defence of Consumers and Users, the customer has the right to withdraw from their order for a period of 14 calendar days from receipt of the same, without indicating the reason, and without incurring expenses other than those contemplated in this same law.

The right of withdrawal is reserved for those users who act as consumers and/or users, in accordance with the definition given by Royal Legislative Decree 1/2007, of 16 November Law 4/2022, of 25 February, on the protection of consumers and users against situations of social and economic vulnerability. The Decree adopts the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

To exercise the right of withdrawal, the customer must send an email to postventaweb@klasthome.com indicating their decision to withdraw from the order.

Items subject to withdrawal must be returned in perfect condition. It's recommended that the packaging comes in perfect condition and is provided with its accessories. KLAST will not be responsible for the deterioration suffered in the furniture when they have not been returned in their original packaging or outer protection. If the order doesn't arrive in good condition for reasons not attributable to KLAST, they reserve the right to return a lower amount, discounting the damage caused.

The refund of the purchase amount will be made within 14 days of receipt of the withdrawal request, provided that the return of the order has been managed by KLAST with its own carriers. If the customer uses their own means of transport, the return will be made at the time KLAST can verify receipt of the goods and that they have arrived in good condition and with all their accessories. The refund will be made with the same means of payment used to pay for the order.

Return shipping costs - Continental (not including islands)

To find out the return fees for a sofa, please contact us at: hello@klasthome.com

15. Force Majeure or act of God:

In case of cause due to force majeure or fortuitous events, such as strikes, vandalism, flood, fire, catastrophes, pandemics, etc. KLAST will not be obliged to comply with the deadlines contained in these conditions, and may even be exonerated from the fulfilment of its obligations. In this case, KLAST will abide by the laws, uses and customs of the place where the sale took place.

16. Intellectual property:

KLAST retains all intellectual and industrial property rights over its products, designs, distinctive signs and trademarks, as well as the rights to trade secrets, contained in any type of medium, for all documentation that is delivered to the consumer.

17. Security and confidentiality:

KLAST guarantees security and confidentiality in all communications with its customers.

All online payment transactions are carried out through a secure server, based on the SSL standard that protects data against attempted breaches by third parties. The data of the purchase process are stored in a database designed for this purpose. KLAST does not store bank data of the transactions carried out with the collaborating financial entities. KLAST guarantees the protection and confidentiality of the personal, shipping and any other data provided by our customers, in accordance with the provisions of the regulations on the protection of personal data.

All data provided by our customers to KLAST or its employees will be treated responsibly and to manage the purchase and subsequent delivery of the product. It will also be used to manage the guarantees applicable to it and, where appropriate, for sending promotional information.

In this regard, we inform you that your data will be communicated to third parties with whom KLAST maintains commercial relations. Likewise, your data may be provided to third parties for promotional purposes by SMS, email, post and others, within the furniture and decoration sector. You can consult the detailed information on the use and destination of your data through our data protection policy. You can also request the withdrawal regarding commercial communications or promotions through the email protecciondatos@klasthome.com

18. Invalidity or voidability:

In the event that any of the clauses of this contract are declared null and void or voidable, in whole or in part, the remainder of this contract shall remain in full force and effect and shall continue to be valid and effective.

19. Governing Law, Jurisdiction and Conflict Resolution:

For the resolution of conflicts, the parties submit, at their own will and renouncing any other jurisdiction, to the courts of the residence of the "CUSTOMER"

The legislation applicable to sales made through this website will be that contained in these conditions and, failing that, in matters not covered in this document, will be governed by Spanish law.

KLAST may modify the content of these general conditions, as well as the content of the website www.klasthome.com, but always respecting the laws and consumer rights, always in accordance with the provisions of the legislation applicable to the effect at the time of its modification.

To file any complaint or claim with "KLAST®", the customer must contact the customer service department either at the phone number 960 04 63 34 or by sending an email to hello@klasthome.com

KLAST is not attached to any alternative conflict resolution platform. In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 and Law 7/2017 of 2 November, we provide you with the following link that allows access to the European Union's online dispute resolution platform: https://portal-cec.consumo.gob.es/en/home