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Purpose and Basic Concepts

The General Conditions of Use, Conditions and Privacy Policy govern the use of the Website www.koloxo.com (hereinafter "WEB SITE" or “WEBSITE”), which KOLOXO GLOBAL SERVICES LTD registered in the British Virgin Islands and product sales and management by Factory to Client S.L. (hereinafter “The Company”, “we” or “us”) with CIF B66504895 and address at C/Girona s/n Pol. Industrial l’Empalme, Llorenç del Penedés 43712 owns.

Through its website www.koloxo.com, the company provides information about its products and offers the possibility of acquisition. Due to the content and purpose of the Website, people who want to benefit from all of Koloxo.com’s services should have the status of "Customer", which requires completing the registration form and following the steps subsequently communicated through email by Koloxo.com. However, purchases can be made without a Koloxo.com account. When registering as a member of the Website, the Customer needs to create a username and password and he/she is required to provide certain information. “Customer” status implies adherence to the Terms of Use as published at the time you access the Website. For more information, visit our Privacy Policy section.

In any case, there are pages accessible to individuals or legal entities that have not yet registered or initiated a purchase of a product (hereinafter, "Users") on the Website. In this sense, users who access these parts of the Website agree to be subject to the terms and conditions contained in these Terms and Conditions; to the extent it may be applicable to them.

Koloxo.com wants to inform its Customers and Users that the Website is exclusively addressed to audiences over the age of 18 (for more information about the Children’s Privacy, please read the Children’s Privacy section on our Privacy Policy page), for the territory in which it accepts and distributes orders comprised of 125 different countries(hereinafter, “The Territory"). Koloxo.com does not ship orders to other countries than the above, at the moment. If a user were interested in receiving an item outside the territory mentioned, you should contact Koloxo.com via the form or sending an email to customers@koloxo.com; we will review your request and will inform you about it.

Koloxo.com reserves the right to limit access or suspend the Customer’s account if Koloxo.com believes the person is less than 18 years of age. We also reserve the right to limit access or delete unverified or unconfirmed accounts. CONTACT: For any doubts, queries or suggestions, you can send your comments by email to: customers@koloxo.com

Product and Product Information

Koloxo.com does not tolerate any fraud, copies or imitation products and will take severe action against any supplier in case this happen. All registered complaints will be examined by Koloxo.com.

The descriptions of the products displayed on the Website are made based on information provided by suppliers of Koloxo.com. However, the information given on each product, as well as descriptions, images and/or videos relating thereto and names trade names, trademarks or logos of any kind on the website of the company, are exposed on www.koloxo.com as a guide.

If a product is no longer available or provided by the supplier, Koloxo.com will contact the customer in order to arrange a replacement item.

Prices

All product prices listed through Koloxo.com include VAT, (you can check your countries VAT percentage here) shipping cost, product handling and other taxes may apply. The final door-to-door cost will be displayed at the moment of Check Out.

All shipping costsare subject to change without notice depending on the delivery destination and are not guaranteed. If you have any enquiries regarding shipping prices, you can contact our logistics department by sending an email to logistics@koloxo.com.

Privacy

Koloxo.com takes people’s privacy into account very seriously. Please review our Privacy Policy to understand how we collect and use your personal information across our website. Parents or legal guardians may not agree to our Terms or register on our website to access its services on behalf of any children under the age of 13.

Koloxo.com will only collect, process and use the data necessary for the provision of the services provided by Koloxo.com, for use and operation of the website and the services offered.

All data is protected by the GDPR (General Data Protection Regulation) and shall not be sold or rented to any third-parties.

Copyright

All content included in or made available throughKoloxo.com, such as text, graphics, logos, button icons, images, data compilations, and software is the property of Koloxo, as well as its content suppliersare protected by international copyright laws. The compilation of all contentincluded in or made available through Koloxo.com is the exclusive property of Koloxo.com and protected by Spanish and International copyright laws, such as the Dubai International Finance Centre. Please see point 14 for more information regarding Intellectual Property.

Any use of content, including, but not limited to text, graphics, logos, button icons, images, data compilations and software without the consent of Koloxo.com is strictly prohibited.

We respond to notices of copyright infringements and immediately close accounts of infringers.Please contact us as soon as possible via legal@koloxo.com if you notice any kind of copyright violation.

Availability

Koloxo.cominformsthecustomer that the number of units of an available product is subject to change at the moment of fulfilling an order or after. Koloxo.com’s facility has no stock, the stock is kept on the factory side and requested when needed; this is called “Dynamic Stock”. In no means or event shallKoloxo.com intentionally sell more units currently being held or what the supplier has reserved. Koloxo.com’s stock is updated and availability from our suppliers is updated once every month or when Koloxo finds it is a suitable time to be corrected.

Koloxo.com will make every effort to please all of its Customers in the demand for products. However, sometimes, due to causes and/or issues not easily controlled by Koloxo.com such as human errors or incidentson computer systems, it is possible that the amount ultimately served by the provider differs from the offer made by Koloxo.com to meet the Customers orders.

In the eventthatthe product is unavailable after ordering, the Customer will be informed by email regarding the total or partial cancellation of it. The partial cancellation of the order due to unavailability has no right to cancel the entire order. If as a resultofthis cancellation, the Customer wants to return the delivered product, they must follow the provisions under the Return section.

Security

Koloxo.com has the highest security measures available commercially in the sector.In addition, the payment process works on a secure server using SSL (Secure Socket Layer). The secure server establishes a connection so that the information is transmitted encrypted using 256-bit algorithms which ensure that it’s only intelligible to the Customer's computer and the Website. Thus, when using the SSL protocol, this ensures;

The Customer is submitting their data to the server of Koloxo.com and not to any othertrying to impersonate it.For more information on how data is used, please visit our Privacy Policy section.

That between the Customer and Koloxo.com’sserver center data being transmitted is encrypted, preventing it from being read or manipulated by third parties.

Communications

Customer status means you agree that Koloxo.com may communicate with you via e-mail, SMS or posting notifications on the Website.Alternatively, Customers can subscribe to a Newsletter. Koloxo.com requires the Customer to agree to send him/her any promotional announcement to notify him/her about any commercial activities or modification added to the Website.

At any time, the Customer has the option to stop receiving these kinds of commercial emails by clicking on the “Unsubscribe” link at the bottom of any promotional email.If the Customer receives anymessage considered as spam, please report it to spam@koloxo.com.

Guarantee Of Products Purchased

Koloxo.com acts as a distributor of B2C (Business-to-Consumer) for manufacturers to ensure that the product(s) offered on the www.koloxo.com website is / are working properly and have no visible defects or hidden / invisible defects that could make them dangerous or unsuitable for normal use. The contractual warranty offered is usually granted by the manufacturer. Once the customer has received the product, they will have the instructions provided by the manufacturer on its behalf, sufficient for the proper use and installation of the product and all warranty information. No customer may request a broader warranty than the one indicated there.

If a Customer receives a defective or faulty product, Koloxo will be in charge of the collection of such product, as well as sourcing a replacement.

The warranty will not be effective if defects or damage is caused by external factors, accidents, especially electrical accidents, wear, erosion, installation and used not in accordance with the manufacturer's instructions or in general categories such as “Food” and “Drink”.

9Products that are modified or repaired by the Customer or any other person(s) not authorized by the manufacturer are excluded from the warranty. The guarantee does not apply to visible defects and defects of conformity of the product for which any claim must be made by the Customer in question within 7 days of delivery. The warranty does not cover damage caused by improper use of the products.

The cardholder must retain a copy of transaction records, Merchant policies and rules.

Users Generally

As a condition of your access to and use of the site, you agree that you will comply with all applicable laws and regulations when accessing or using the Website;

You will agree that you will not copy, reproduce, download, re-publish, sell, distribute, re-distribute or resell and information, text, images, graphics, video clips, sound, directories, files, databases or listings and more available on or through the Website, and you will not copy, reproduce, download, compile, or otherwise use any of the Website content for the purposes of operating a business that competes with Koloxo.com, under other conditions, commercially exploiting the Website.

Systematic retrieval of content from the Website to create, re-create or compile, directly or indirectly, a collection, a compilation, a database or directory (whether through robots (bots), spiders, automatic devices or manual procedures) without written permission from Koloxo.com is prohibited.

Use of any content or materials on the Website for any purpose not expressly permitted in the Terms and Conditions is prohibited.

Koloxo.com may allow its Customers and Users to access content, products or services offered by Third Parties through hyperlinks in the form of word link, banners, images, channels, API or otherwise to such Third-Party website.

You are advised to read such third-party websites’ Terms and Conditions and/or Privacy Policies before using the websites.

You acknowledge that Koloxo.com has no control over Third Party websites, or any content, products or services made available on or through such websites, does not monitor such websites and shall not be responsible or liable to anyone from such websites, or any content, products or services made available on or through such websites.

You agree to not undertake any action to undermine the integrity of the computer systems or networks or Koloxo.com and/or any other Customer or User nor to gain unauthorized access to such computer systems or network.

You agree to no not undertake any action which may undermine the integrity of Koloxo.com’s feedback system such as posting positive feedback for yourself by using a secondary account or through Third Parties, or by leaving unsubstantiated negative feedback for another user.

Member Accounts

By signing up to the Koloxo.com website and creating an account, you accept that we collect certain personal data such as names, emails, addresses, etc. You can view more information on how we collect and use your personal data on our Privacy Policy page of our website.

Reviews, Comments and Communications

These Terms and Conditions govern your conduct associated with the customer ratings and reviews features on the Koloxo.com website. Guidelines for reviews posted on the Website are incorporated by reference in these Terms and Conditions. These Terms and Conditions are to supplement and be consistent with Koloxo.com’s Privacy Policy; all of which are incorporated by reference, which may be accessed by via hyperlinks.

By submitting any content; such as reviews, comments or otherwise any kind of communication, you represent and warrant that:

  • You understand and consent to the reviews you submit for posting on Koloxo.com being shared with other websites, without limitation, and without you being notified;
  • You are at least 18 years of age;
  • Use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity;
  • You have not and are not entitled to receive any compensation in any form and from any party in connection with submitted content;
  • That is known to you to be false, inaccurate or misleading;
  • That violates any law, statute, ordinance regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • That is advertising or submitting promotional material, including any form of “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • That impersonates or attempts to impersonate or replicate Koloxo.com or a Koloxo.com employee, another user or person entity (including, but not limited to, the use of e-mail addresses associated with any of the above-stated);
  • For which you are compensated or granted any consideration by any third party;
  • That includes any information in reference to other websites, addresses, e-mail addresses, contact information or phone numbers;
  • That contain any computer viruses, worms or other potentially harmful computer programs and/or files.

Tax Policy

Tax applied to your order(s) is calculated based on certain factors such as;

  • The manufacturer locations
  • The kind of product that has been purchased
  • The time and fulfilment location(s)
  • The delivery or shipment address of the placed order

These attributes may alter between the time you place an order and when the shipment is completed.

The tax applied will generally be the area rate for the address where your order is shipped.A customs tax may be applied depending on the size, weight, value of goods and other criteria.

Intellectual Property

Koloxo.com is the owner of all intellectual and industrial rights of its website and content, including, but not limited to; photographs, images, text, logos, designs, trademarks, trade names and data included on the web.

Koloxo.com warns Customers and Users that such rights are protect by European and International legislation on intellectual and industrial property.

Furthermore, without prejudice, the content of this website is also considered a computer program, and therefore, it is also applicable throughout the Spanish and European Community legislation in force on the subject.

Total or partial reproduction of this website and/or any of its content, without the express written consent of Koloxo.com is expressly prohibited.

The copying, reproduction, adaptation, modification, distribution, marketing, public communication and/or any other action that involves a breach of Spanish and/or International legislation or interments on intellectual property and/or industrial is also strictly prohibited and the use of web content except with the prior express written consent of Koloxo.com.

Koloxo.com reports that no implied license or permit any of intellectual property rights and/or industrial or any other right or related, directly or indirectly, with the contents included in the Website property.

Only the use of the contents of the web domain for information and service is authorized, it is provided that full acknowledgment of the source is made, the user is solely responsible for any misuse of them. If Koloxo.com asks the Customer if he/she sees a violation of these Terms and Conditions, they report it to legal@koloxo.com.

Web Access and Use of Content

Customers and Users are fully responsible for their conduct, to access information from the website, while operating, and after accessing. As a result of the above, Customers and Users are solely responsible to Koloxo.com and third parties.

The consequences that may result from use for illegal purposes or contrary to this document effects of any content on the website, developed or not by Koloxo.com, published or not published under its name officially.

As the consequences that may arise from the use contrary to the contents of this document and adversely affecting the interests or rights of others, or that in any way could damage, disable or impair the website or its services or prevent normal enjoyment by other users.

Koloxo.com reserves the right to update the content when it is considered appropriate and to eliminate, or prevent access to them, temporarily or permanently, and deny access to the website to Customers and Users who make bad use of the content and/or violate any of these conditions listed herein. Koloxo.com reports do not guarantee access to the website and/or web link will be interrupted or error for free. That the content or software that Customers and Users access via the web or the web link does not contain any errors, computer viruses or other elements in the contents that may cause alterations on your system or cause other damage. The use that information or content of this website or websites that link Customers and Users could perform for their own purposes.

The information contained on this website must be considered by Customers and Users as informational and guidance, both in relation to its purpose and its effects, why: Koloxo.com does not guarantee the accuracy of the information contained on this website and therefore assume no responsibility for any damages or inconveniences for Users who might derive some inaccuracies present on the website.

Our Liability

Koloxo.com does not assume any responsibility of the following;
  1. From the content of those pages to which Customers or Users can access from links in the Website, whether authorized or not.
  2. From the acts or omissions of third parties, regardless of whether these third parties could be linked to the company through contractual means.
  3. From access of minors to the content included on the Website, being the responsibility of parents or guardians to exercise proper control over the activity of children or minors in their care or install any of the tools use control Internet in order to avoid (I) access to materials or content not suitable for minors, and (II) sending personal data without prior authorization from their parents or guardians.
  4. From communications and dialogues in the course of the debates, forums, chats and virtual communities that are organized through or around the Website and/or linked websites, or liable, therefore, for any damage and prejudice suffered by Customers and Users, individuals and/or groups as a result of those communications and/or dialogues.
  5. Errors or access delays to the Website by the Customer when entering his/her information in the order form, the slowness or inability to receive by the recipients of the order confirmation or any anomalies that may arise when these incidents are due to problems on the Internet, fortuitous events or force majeure and any other unforeseeable contingency beyond the good faith of the company.
  6. Failures or incidents that may occur in communications, defaced or incomplete transmissions so that there is no guarantee that the website services are constantly operational.
  7. Errors or damage to the website for inefficient use of service and bad faith by the Client.
  8. Non-operational or problems with the email address provided by the Client to send order confirmation.
  9. Koloxo.com is not responsible for technical failures for which the cause is not within the area of responsibility of Koloxo.com for damaged caused by force majeure. Koloxo.com does not guarantee the uninterrupted availability of the website and data and may perform technical maintenance for a period of time chosen freely.

Applicable Law and Arbitration

These Terms of Use are governed by applicable Spanish and European lawsto resolve any dispute or conflict arising out of these Terms of Use, the parties submit to the jurisdiction of the courts of the city of Barcelona, unless the law imposes another jurisdiction.

Except as provided in these Terms and Conditions, Koloxo.com and you agree to exclusively arbitrate all disputes and claims between us other than those based on any intellectual property right, title or interest, including claims of infringement, directly or indirectly related to Koloxo.com. These Terms to which you agree to arbitrate disputes and intended to be broadly interpreted, including, but not limited to:

  • Claims arising out of or related to aspects of the relationship between us, whether based in contract, statute, fraud, misrepresentation or any other legal theory;
  • Claims that have arisen before these Terms and Conditions or any prior agreement (including, but not limited to, claims related to advertising and/or promoting)
Governing Law and Jurisdiction

Any dispute or claim arising out of and/or in connection with this website shall be governed and construed in accordance with the European and Spanish laws. For more information, you can contact us via email at legal@koloxo.com

Terms Of Use

You can access the Koloxo.com Website from supported Internet Browsers such as Google Chrome, Mozilla Firefox, Safari and Internet Explorer or any other function or platform upon acceptance by you, without any modification, of all terms, conditions and notices explained below. You can read our Privacy Policy section for more information regarding how we use your data. Please read the Terms of Use carefully as they contain important information about limitations of liability. By accessing the Koloxo.com website, you acknowledge and confirm that you have read and understood the conditions. If you do not agree with the conditions, please do not use our website or try to contact us via any means.

By accessing the Koloxo.com website, you acknowledge and confirm that you have read and understood the conditions. If you do not agree with the conditions, please do not use our website or try to contact us via any means.

Modification of the Terms of Use

Koloxo.com reserves the right to modify the presentation and configuration of the Website and these Terms at any time. Therefore, recommends that the Customer,User and Visitor read them carefully each time he/she accesses and/or visits the Website.

Customers, Users and Visitors will always have these Terms of Use in a visible location, freely accessible to all queries they wish to perform. In any case, the acceptance of the Terms of Use will be an essential prerequisite step to the purchase of any available product through the Website.

Marketing Promotions and Discounts

Koloxo.com provides its customers with discount coupons. Discount coupons are provided for promotional and/or marketing purposes or due to issues that may have occurred during the processing or delivery of a customer’s order. Discount coupons do not apply to any type of electronic product.

Shipping

For all shipping related information such as the refund policy, return policy, shipping countries and more can be found on Koloxo.com’s Shipping and Refund/Return Policy sections of the website.

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