GENERAL TERMS AND CONDITIONS KŌKU FACTORY S.L.
1.- Introduction: The general terms and conditions described below exclusively govern the contractual relationships between all users of the website www.kokufactory.com and the seller, Kokukids SL with CIF number B384936672 and registered office at Calle La Caridad 21 C, Tacoronte 38350 Santa Cruz de Tenerife (Spain), registered in the Mercantile Registry of Santa Cruz de Tenerife, Volume 1638, Folio 131, General Section of Companies, Sheet TF-17130, in accordance with Law 34/2002 of July 11 on Information Society Services and Electronic Commerce.
The procedure for contracting the service is carried out entirely electronically through the website www.kokufactory.com and has the same validity as a physical signature.
These general sales conditions detailed below are the only applicable ones and replace any other previous condition or agreement, unless the parties expressly and in writing agree to a different type of agreement that supersedes or modifies these general terms and conditions. The language used throughout the contracting process will be Spanish and will govern the relationships between the parties. Any information displayed in any other language will be subject to the Spanish version, and in case of discrepancies, the Spanish version will prevail over any other translation. www.kokufactory.com may occasionally modify the stipulations contained in these general conditions, so it is advisable to read them on each visit to the website www.kokufactory.com.
These modifications will take effect from the date of publication and will not have retroactive effects, and they will not apply to purchases made prior to their publication – previous versions can always be consulted through the links contained on the platform and can be printed and/or downloaded through the designated button.
Each purchase on the website is governed by the general conditions applicable on the date of the order. We consider that once you have placed an order, you have accepted our general sales conditions without reservation after reading them. By accessing the website, you agree to comply with the general conditions as well as the conditions of use contained therein.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS:
2.1. This Website is governed by national and international legislation on intellectual and industrial property.
2.2. Under no circumstances shall the User’s access and navigation of the Website or the use, acquisition, and/or contracting of products or services offered through it be construed as a waiver, transfer, license, or assignment, in whole or in part, of these rights by Kōku Factory.
2.3. Kōku Factory owns or has obtained the corresponding license for the intellectual and industrial property exploitation rights of Kōku Factory, as well as the rights and/or licenses of intellectual property, industrial property, and image over the contents and products available through it.
2.4. It is not permitted to remove, bypass, or manipulate the copyright notice and any other identification data of Kōku Factory’s rights. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process, or distribute in any way all or part of the contents and products, including those on www.kokufactory.com, for public or commercial purposes without the express written authorization of Kōku Factory.
- USE OF THE WEBSITE:
3.3. In particular, and by way of example and not exhaustively, the User undertakes not to collect data for advertising purposes, not to send any type of online advertising, and not to transmit, disseminate, or make available to third parties through the services provided by Kōku Factory, information, messages, graphics, sound or image files, photographs, recordings, software, and in general any kind of material, data, or content that, without being exhaustive:
- Engages in illegal, unlawful, or contrary to good faith and public order activities;
- In any way contravenes, disrespects, or infringes upon the fundamental rights and freedoms constitutionally recognized or in international treaties and in the rest of the legal system;
- Induces, incites, or promotes criminal, denigrating, defamatory, or violent actions;
- Induces, incites, or promotes actions, attitudes, or discriminatory ideas based on sex, race, religion, beliefs, or age;
- Includes criminal, violent, or degrading messages;
- Induces or incites involvement in dangerous, risky, or harmful practices for health and mental balance;
- Are false, ambiguous, inaccurate, exaggerated, or untimely, in a way that may mislead about their object or the intentions or purposes of the communicator;
- Are protected by any intellectual or industrial property rights belonging to third parties, without the User having obtained the necessary authorization from their owners to carry out the use they make or intend to make;
- Violate the trade secrets of third parties;
- Contrary to the right to honor, personal and family privacy, or the image of individuals;
- Violate the regulations on communications secrecy;
- Cause, due to their characteristics (such as format, length, etc.), difficulties in the normal functioning of the Services.
- LICENSE ON COMMUNICATIONS:
4.1. In the event that the User sends information of any kind to Kōku Factory through the Website, through the channels provided for this purpose on the Website itself, the User declares, guarantees, and accepts that they have the right to do so freely, that such information does not infringe any intellectual property rights, trademarks, patents, trade secrets, or any other third-party rights, that such information is not confidential, and that such information is not harmful to third parties.
4.2. The User acknowledges responsibility and shall indemnify Kōku Factory for any communication provided personally or on their behalf, including, without limitation, the accuracy, legality, originality, and ownership of such communication.
- RESPONSIBILITIES AND WARRANTIES:
5.1. Kōku Factory cannot guarantee the reliability, usefulness, or accuracy of the services or information provided through the Website. Therefore, Kōku Factory does not guarantee or accept responsibility for: (i) the continuity of the content of the Website; (ii) the absence of errors in said content or products; (iii) the absence of viruses and/or other harmful components on the Website or the server that supplies it; (iv) the invulnerability of the Website and/or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the content and products of the Website; (vi) the damages or harm caused to oneself or to a third party by any person who violates the conditions, rules, and instructions that Kōku Factory establishes on the Website or by violating its security systems.
5.2. However, Kōku Factory has taken all necessary measures, within its possibilities and the state of technology, to ensure the operation of the Website and to prevent the existence and transmission of viruses and other harmful components to Users. If the User becomes aware of the existence of any content that is unlawful, illegal, contrary to the law, or that may constitute an infringement of intellectual and/or industrial property rights, they must immediately notify Kōku Factory so that it can take appropriate measures.
6.1. Links to other websites: In the event that the User may find links to other websites through different buttons, links, banners, etc., on the Website, these will be managed by third parties. Kōku Factory has neither the faculty nor the human or technical means to know, control, or approve all the information, content, products, or services provided by other websites to which links may be established from the Website.
Accordingly, Kōku Factory cannot assume any responsibility for any aspect related to the website to which a link may be established from the Website, in particular, but not limited to, its operation, access, data, information, files, quality, and reliability of its products and services, its own links, and/or any of its content, in general.
In this sense, if Users become aware of the illegality of activities carried out through these third-party websites, they must immediately inform Kōku Factory for the purpose of disabling the access link to them. The establishment of any type of link from the Website to another external website does not imply the existence of any kind of relationship, collaboration, or dependence between Kōku Factory and the person responsible for the external website.
6.2. Links on other websites to the Website: If any User, entity, or website wishes to establish any type of link to the Website, they must comply with the following stipulations:
The link may only be directed to the Home Page or Main Page of the Website, unless express and written authorization is obtained from Kōku Factory. The link must be absolute and complete, meaning it must take the User, with a click, to the exact URL address of the Website and must cover the entire extent of the Main Page of the Website. In no case, unless Kōku Factory expressly and in writing authorizes it, may the website establishing the link reproduce the Website in any way, include it as part of its website, or within one of its “frames” or create a “browser” over any of the pages of its own website. The website that establishes the link may not in any way declare that Kōku Factory has authorized such link, unless it has done so expressly and in writing. If the entity that establishes the link from its page or website to the Website owned by Kōku Factory wishes to include the trademark, name, trade name, sign, logo, slogan, or any other identifying element owned by Kōku Factory and/or the Website on its own website, it must obtain prior express written authorization.
Kōku Factory authorizes the establishment of a link to the Website from those websites that contain materials, information, or content that is illegal, unlawful, degrading, obscene, and in general, contrary to morality, public order, or generally accepted social norms. Kōku Factory has neither the faculty nor the human and technical means to know, control, or approve all the information, content, products, or services provided by other websites that have established links to the Website owned by Kōku Factory.
- DURATION AND MODIFICATION:
8.3. The failure to exercise or enforce by Kōku Factory of any right or provision contained in this Legal Notice will not constitute a waiver thereof, unless expressly acknowledged and agreed to in writing by it.
- CONSUMER GOODS WARRANTY:
In the case of a defective product, the seller must proceed with the replacement or resolution of the contract, which will be free of charge for the consumer and user. The seller is responsible for non-conformities that become apparent within two years from delivery.
The consumer and user must inform the seller of the lack of conformity within 1 month from the date they became aware of it. Prior to that, and once Kōku Factory is informed about the defective product, it will undergo a quality control process to determine whether the defect corresponds to the use of the item or to a manufacturing defect.
- JURISDICTION. These General Conditions are governed by Spanish law. The parties submit, at their option, to resolve conflicts and waive any other jurisdiction, to the courts and tribunals of the user’s domicile.