GENERAL TERMS AND CONDITIONS KŌKU FACTORY S.L.
1.- Introduction: The general contracting conditions described below exclusively govern the contractual relationships between any user of the website www.kokufactory.com and the seller, kokukids SL with VAT 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 service contracting procedure 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 on another type of pact that annuls or modifies these general contracting conditions. The language used throughout the contracting process will be Spanish and will be the language governing the relationships between the parties; the display of information in any other language will be conditional upon the Spanish version, and in case of discrepancy, 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 each time you visit the website www.kokufactory.com.
These modifications will take effect from their publication and will not have retroactive effects and will not apply to purchases made before their publication – previous versions can always be consulted through the links contained in the platform and can be printed and/or downloaded through the button established for this purpose.
- 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 imply a waiver, transfer, license, or assignment, either in whole or in part, of said rights by Kōku factory.
2.3. Kōku factory is the owner or has obtained the corresponding license for the intellectual and industrial property exploitation rights of Kōku factory, as well as the intellectual, industrial, and image property rights and/or licenses for 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. Likewise, it is 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, included on www.kokufactory.com for public or commercial purposes, without the express and written authorization of Kōku factory.
- USE OF THE WEBSITE:
3.3. In particular, and purely 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 that may be 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:
- Engage in illegal, unlawful, or contrary to good faith and public order activities;
- In any way, contravene, underestimate, or attack the fundamental rights and public freedoms constitutionally recognized or in international treaties and in the rest of the legal system;
- Induce, incite, or promote criminal, derogatory, defamatory, or violent actions;
- Induce, incite, or promote actions, attitudes, or ideas that discriminate based on sex, race, religion, beliefs, or age;
- Incorporate criminal, violent, or degrading messages; •Induce or incite involvement in dangerous, risky, or harmful practices for health and mental balance;
- Be false, ambiguous, inaccurate, exaggerated, or untimely, so that they may lead to an error regarding their object or the intentions or purposes of the communicator;
- Be protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained the necessary authorization from their owners for 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 people;
- Infringe the regulations on communications secrecy;
- Cause difficulties in the normal operation of the Services due to their characteristics (such as format, extension, etc.).
- LICENSE ON COMMUNICATIONS:
4.1. In the event that the User sends any type of information to Kōku factory through the Website, using 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 said information does not infringe any intellectual property, trademark, patent, trade secret, or any other third-party rights, that said information is not confidential, and that said information is not harmful to third parties.
4.2. The User acknowledges that they assume responsibility and will hold Kōku factory harmless for any communication they provide personally or on their behalf, reaching such responsibility without any restrictions on its accuracy, legality, originality, and ownership.
- RESPONSIBILITIES AND WARRANTIES:
5.1. Kōku Factory cannot guarantee the reliability, usefulness, or truthfulness of the services or information provided through the Website. Consequently, Kōku factory does not guarantee nor is responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents or products; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impregnability of the security measures adopted in it; (v) the lack of usefulness or performance of the contents and products of the Website; (vi) the damages or harms caused, to itself 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 guarantee 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 illegal, unlawful, contrary to the law, or that could constitute an infringement of intellectual and/or industrial property rights, they must immediately notify Kōku factory so that it can take the appropriate measures.
6.1 Links to other websites: In case the User could find links to other websites through different buttons, links, banners, etc., on the Website, these would be managed by third parties. Kōku factory does not have the authority or human and 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. Consequently, Kōku factory cannot assume any responsibility for any aspect related to the website to which a link from it is established, specifically, for example and not exhaustively, 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 notify Kōku factory for the purpose of disabling access 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 or web page wishes to establish any type of link to the Website, they must adhere to the following stipulations:
The link can only be directed to the Main Page or Home of the Website, unless there is express and written authorization from Kōku Factory. The link must be absolute and complete, that is, it must take the User, with a single click, to the URL address of the Website and must completely cover the entire extension of the screen of the Main Page of the Website. In no case, unless Kōku Factory expressly and in writing authorizes it, may the website that makes the link reproduce, in any way, the Website, include it as part of its website or within one of its “frames” or create a “browser” over any of the pages of its website or web page. The website that establishes the link may not in any way declare that Kōku factory has authorized such link, unless it has expressly done so in writing. If the entity that makes the link from its website or web page 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 website, it must obtain prior express and written authorization.
Kōku factory authorizes the establishment of a link to the Website from those websites that contain materials, information, or content that are illegal, unlawful, degrading, obscene, and, in general, that contravene morals, public order, or generally accepted social norms. Kōku factory does not have the authority or 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. In this sense, Kōku factory assumes no responsibility for any aspect related to the Website that establishes this link, specifically, for example and not exhaustively, 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.
- DURATION AND MODIFICATION:
8.3. The failure to exercise or enforce by Kōku factory of any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless recognized and agreed in writing by it.
- CONSUMER GOODS WARRANTY:
In 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 manifest within two years from delivery.
The consumer and user must inform the seller of the lack of conformity within 1 month from the moment they became aware of it. Prior to this, and since 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 article or to a manufacturing defect.
- JURISDICTION: These General Conditions are governed by Spanish law. The parties submit, at their option, to the resolution of conflicts and expressly waive any other jurisdiction, to the courts and tribunals of the user’s domicile.