About kidsme.es and these conditions
Kidsme.es is owned by Norma Pena Blasco (hereinafter Kidsme), with its registered office at Calle C/ independencia 283-285 entlo 2 esc D 08026 (Barcelona), and CIF number 46241674J
If you want to contact Kidsme, you can do so by email at hola@kidsme.es or by phone at 609 805 509. Kidsme reserves the right to modify the Terms of Sale, as well as the Privacy Policy, without prior notice. Therefore, we recommend reading them before placing an order.
GENERAL PROVISIONS
KIDSME operates this website. Throughout the site, the terms "we," "us," and "our" refer to KIDSME. KIDSME offers this website, including all information, tools, and services made available to you, the user, provided that you agree to all the terms, conditions, policies, and notices set forth herein.
By visiting our site and/or purchasing something from us, you interact with our "Service" and agree that the following terms and conditions (hereinafter the "Terms of Service," "Terms"), including any additional terms and conditions and policies mentioned herein and/or available via hyperlink, are binding. These Terms of Service apply to all users of the site, including, but not limited to, users who browse, provide, purchase, trade, and/or contribute content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any service. If these Terms of Service were considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You may review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes on our website. It is your responsibility to review this page periodically for changes. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell you our products and services.
SECTION 1: ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are of legal age in your state or province of residence, or that you are an adult in your state or province of residence and that you have given us your consent to allow any minor dependent on you to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, by using the Service, violate the laws of your jurisdiction (including, but not limited to, copyright laws).
You will not transmit any computer worms or viruses or any code of a destructive nature.
Failure to comply with or violation of any of the Terms will result in the immediate termination of your Services.
SECTION 2: GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over multiple networks; and (b) changes to adapt to the technical requirements for connecting to networks or devices and to comply with them. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or profit from any part of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and do not limit or affect these Terms.
SECTION 3: ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is inaccurate, incomplete, or outdated. The material presented on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more recent sources of information. By relying on any material from this site, you do so at your own risk.
This site may contain certain historical information. Historical information is inevitably not current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes on our site.
SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES
Our product prices are subject to change without prior notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
We will not be liable to you or any third party for any modification, price change, suspension, or interruption of the Service.
SECTION 5: PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display the colors and images of our products in the store as accurately as possible. We cannot guarantee that the display of any color on your computer monitor is accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of any product or service made on this site is not valid where such product or service is prohibited.
We do not guarantee that the quality of any product, service, information, or other material you have purchased or obtained will meet your expectations, or that any error in the Service will be corrected.
SECTION 6: BILLING AND ACCOUNT INFORMATION ACCURACY
We reserve the right to reject any order you place in our store. We may, at our sole discretion, limit or cancel the quantities purchased per person, household, or order. These restrictions may include orders placed using the same customer account, the same credit card, or orders using the same billing or shipping address. If we make a change or cancel an order, we will attempt to notify you by email or the billing address / phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, at our sole discretion, appear to have been placed by resellers, wholesalers, or distributors.
You agree to provide complete and accurate information about the current purchase and account for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as necessary.
For more information, please see our Return Policy.
SECTION 7: OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not supervise, control, or contribute to.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without warranties, representations, or conditions of any kind and without any endorsement. We will not be responsible for any consequences resulting from your use of optional third-party tools or in connection with them.
Any use you make of the optional tools offered through the site is at your own risk, and you must ensure that you are familiar with and approve the terms under which the relevant third-party providers supply such tools.
We may also offer new services or features through the website in the future (including the launch of new tools and resources). These new features or services will also be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
Some content, products, and services available through our Service may include third-party resources.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, nor do we guarantee or assume any obligation or liability for third-party resources or websites, nor for any other third-party material, product, or service.
We are not responsible for any damage or loss related to the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with third-party websites. Carefully review third-party policies and practices, and make sure you understand them before participating in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to them.
SECTION 9: USER COMMENTS, REVIEWS, AND OTHER COMMUNICATIONS
If, at our request, you submit certain specific communications (e.g., contest entries) or, without our request, submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively hereinafter "comments"), you agree that we may at any time, without restriction: edit, copy, publish, distribute, translate, and use in any medium any comment you send us. We have no and will have no obligation (1) to keep any comment confidential; (2) to pay any compensation for any comment; or (3) to respond to any comment.
We may, but are not obligated to, monitor, edit, or remove content that we determine at our sole discretion is illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or in violation of the intellectual property rights of any party or these Terms of Service.
You agree that your comments will not infringe any third-party rights, including copyright, trademark, privacy, personality, or other personal or property rights. In addition, you agree that your comments will not contain defamatory, unlawful, abusive, or obscene material, nor will they contain any computer viruses or other harmful software that could adversely affect the operation of the Service or any related website. You may not use a false email address, impersonate anyone else, or deceive us or third parties about the origin of the comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility or obligation for comments published by you or a third party.
SECTION 10: PERSONAL INFORMATION
The submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11: ERRORS, INACCURACIES, AND OMISSIONS
There may be information on our site or in the Service that occasionally contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any error, inaccuracy, or omission, to change or update information, or to cancel orders at any time without prior notice if any information in the Service or any related website is inaccurate.
We assume no obligation to update, modify, or clarify the information in the Service or any related website, including, but not limited to, pricing information, except as required by law. No specified update or update date applied in the Service or any related website should be taken to indicate that all information in the Service or any related website has been modified or updated.
SECTION 12: PROHIBITED USES
In addition to the prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content (a) for any illegal purpose; (b) to request that others perform or participate in any illegal act; (c) to infringe any local, international, federal, provincial, or state regulation, rule, law, or ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability; (f) to send false or misleading information;
(g) to upload or transmit viruses or any other type of harmful code that affects or could affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to send spam, conduct phishing, pharming, pretexting, spidering, tracking, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, or other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent, or guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from using the service are accurate or reliable.
You agree that we may periodically discontinue the service for indefinite periods or cancel the service at any time without notifying you.
You expressly agree that your use of the service or inability to use it is at your own risk. The service and all products and services provided to you through the service (unless we specify otherwise) are offered "as is" and "as available" for your use, without any representation, warranty, or condition of any kind, whether express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall KIDSME, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, loss of benefits, loss of income, loss of savings, loss of data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or any product purchased through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any error or omission in any content, or any loss or damage of any kind incurred as a result of using the service or any content (or product) published, transmitted, or made available through the service, even if you are advised of the possibility thereof.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
SECTION 14: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless KIDSME and our parent company, subsidiaries, affiliates, associates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, in which a third party has incurred due to your breach of these Terms of Service or the documents incorporated by reference herein, or arising from your breach thereof, or from your violation of any law or third-party rights.
SECTION 15: SEVERABILITY
If any provision of these Terms of Service is determined to be illegal, void, or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law, and the unenforceable part shall be considered separate from these Terms of Service, without such determination affecting the validity and enforceability of the remaining provisions.
SECTION 16: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall remain in effect after the termination of this agreement for all purposes.
These Terms of Service remain in effect unless terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.
If, in our judgment, you breach, or we suspect that you have breached, any term or provision of these Terms of Service, we may also terminate this agreement at any time without prior notice, and you shall remain liable for all amounts owed up to and including the termination date; and/or we may consequently deny you access to our Services (or part thereof).
SECTION 17: ENTIRE AGREEMENT
The fact that we do not exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any operating policy or rule we have published on this site or regarding the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreement, communication, or proposal, whether oral or written, between you and us (including, but not limited to, previous versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18: CHANGES TO THE TERMS OF SERVICE
You may review the most recent version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by publishing updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of our website or the Service, or your continued access to either of them after the publication of any changes to these Terms of Service, constitutes your acceptance of such changes.
SECTION 19: CONTACT INFORMATION
Questions about the Terms of Service should be sent to hola@kidsme.es.
SECTION 20: RIGHT OF WITHDRAWAL
Pursuant to Law 3/2014 of March 27, which amends the consolidated text of the General Law for the Defense of Consumers and Customers and other complementary laws approved by Royal Legislative Decree 1/2007 of November 16, the CUSTOMER has 14 calendar days from the delivery of the order or, in the case of service provision, from the formalization of the contract to exercise the right of withdrawal.
The refund shall include the purchase price and, if any, the delivery costs. The refund shall be made using the same payment method used to purchase the Product, less the return costs borne by the CUSTOMER.
The CUSTOMER must return the products subject to withdrawal without undue delay and, in any case, no later than 14 calendar days from the date on which they communicate their decision to withdraw.
The refund corresponding to the withdrawal shall be made within 14 calendar days from the date on which the decision to withdraw from the contract has been effectively and unequivocally communicated, provided that the goods or products subject to withdrawal have been received beforehand; otherwise, the payment may be withheld until receipt of said goods or until the CUSTOMER provides proof of their return.
In cases of breakage or receipt of incorrect products, the PROVIDER shall refund the CUSTOMER the price of the Product or, if the Customer prefers, replace it with another of the services offered on the Portal, compensating for the price difference, if applicable.
To proceed with the return, please send us an email to the email address hola@kidsme.es , indicating your full name, order number, order date, reason for return, pickup location and time, and contact phone number. Once we have received your return request, we will contact you to process the return and refund via bank transfer or credit card refund.
The USER may also use this Withdrawal Form:
To the attention of KIDSME hola@kidsme.es
located at Calle C/ independencia 283-285 entlo 2 esc D 08026 (Barcelona),
Details of the good/service subject to withdrawal:
Order/invoice no.:
Order/invoice date:
Date of receipt of the product/service:
Description of the product/service:
Consumer/user details:
Name:
Tax ID:
Address:
Town:
Phone number:
Email address:
Right of withdrawal:
Pursuant to Article 68 of Royal Legislative Decree 1/2007 of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, I hereby communicate my withdrawal from the sales contract for the good/service described above, and I would appreciate it if you could contact me using the contact details provided to notify me that this request has been processed.
Date of request:
Signature of the consumer/user:
Pursuant to Article 103, paragraph a) of Royal Legislative Decree 1/2007 of November 16 on the Defense of Consumers and Customers, the following are excluded from the right of withdrawal:
- The provision of services once the service has been fully performed.
- The supply of goods or provision of services tailored to the Customer's specifications or clearly personalized.
- The supply of sealed goods that are not suitable for return for health protection or hygiene reasons and have been unsealed after delivery.
- The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the Customer after delivery.
- The supply of digital content (not provided on a tangible medium) once performance has begun. The Customer expressly acknowledges that once the digital download has started, they will lose the right of withdrawal.
- Any other good or service covered by Article 103 of Royal Legislative Decree 1/2007 of November 16.
The CUSTOMER shall be responsible for any reduction in the value of the goods resulting from handling other than that necessary to establish their nature, characteristics, or functioning. In any case, to exercise the right of withdrawal, the Products must be returned in their original packaging together with the invoice; if they are returned without the original packaging or with damage, the amount refunded to the Customer for the return of the product will be reduced by the corresponding amount. Before returning the Product, the Customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport.
SECTION 21: WARRANTIES
If the purchased Product or Products lack conformity because they do not correspond to the offered characteristics, have defects that prevent their normal use in accordance with their nature, or do not offer the described performance, the CUSTOMER shall have the right to have the purchased good remedied within three years from the date of purchase, under the conditions and using the means of proof set out in the consolidated text of the General Law for the Defense of Consumers and Users, without prejudice to the Point of Sale's authority to verify the veracity of the defects, their origin, and the time of their appearance.
In any case, the CUSTOMER must contact the Point of Sale or request that the product be collected within a maximum period of two months from the discovery of the defect, and must report the nature of the problem, the time, and the conditions of its appearance.
Likewise, the CUSTOMER has the right to have the good remedied in accordance with the rules of Articles 118 et seq. of the consolidated text of the General Law for the Defense of Consumers and Users. In any case, the regulations on the warranty of the sale of consumer goods established by applicable law shall apply. If the product is defective, the PROVIDER shall be responsible for replacing the product whenever possible, at no cost to the Customer. If the product cannot be replaced due to availability, a full refund of the purchase price shall be made.
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Returns due to breakage, defective merchandise, or errors in processing your order shall be made at no cost to the User, with the Provider refunding 100% of the cost of the merchandise, as well as the shipping and return costs, without undue delay and, in any case, no later than 14 calendar days from the date on which the USER notifies us of their decision to withdraw from the contract
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For returns without a justified reason, the conditions shall be the same as in the previous section, although the return shipping costs shall be borne by the CUSTOMER, and these shall be the same as the shipping costs of the initial order if it is shipped from the same address.
Partial returns of an order shall result in partial price refunds.
SECTION 22: APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law for matters not expressly provided for herein. The PROVIDER and the CLIENT agree to submit to the courts and tribunals of the USER's place of residence any dispute that may arise from the provision of the products or services covered by these Conditions.