Terms and Conditions
This website www.thekoozy.com (“our website”) is the property of THEKOOZY, S.L., with headquarters at Calle Triana 31, Madrid, Spain 28016, and registered under the NIF (Número de Identificación Fiscal) ESB05307590 (“THEKOOZY, S.L.”).
These Terms and Conditions (“T&C”) establish the terms governing the use of our website. Please read them carefully before using our website. If you have any queries, please contact us at hello@thekoozy.com.
ORDERS
Through our website, you may:
• Purchase our items;
• Purchase our services;
To place an order, you must follow the purchase procedure and click in Proceed to Payment. Through such act, you acknowledge that you are entering into a sale and purchase agreement with The KOOZY. You will receive an email acknowledging receipt of the order within a few minutes of placing it (Order Confirmation). You will also be informed of the order being sent (Order Shipped). You may check the status of the order in the section My Account. You will receive a tracking link by email, which will redirect you to the carrier's page. You may also contact our customer support at hello@thekoozy.com.
If your personal data are incorrect, you may rectify them in the section My Account. However, these changes will only apply in future purchases. If the error refers to an order in progress, you should contact customer support. The KOOZY will not take any responsibility regarding failure in sending the order resulting from incomplete or incorrect data provided by you.
When making the payment, you will be provided with shipping information. Shipping costs will be calculated automatically before finalising the order. The total price charged will always indicate the amount incurred as shipping costs.
We offer standard delivery and handling service. Please contact our customer support team directly for any specific requests.
If for any reason The KOOZY cannot meet the delivery date, you will be informed of this circumstance and will be given the following options: to continue with the purchase (where a new delivery date will be established) or cancel the order with a full refund of the price paid if, within a maximum period of thirty (30) days following the day of the purchase, the item purchased is not delivered.
PAYMENT METHODS
When making the payment, you will be provided with several payment options. The payment methods currently accepted by The KOOZY are:
- American Express
- Apple Pay
- Google Pay
- Klarna
- Maestro
- Mastercard
- Pay Pal
- Shop Pay
- Union Pay
- Visa
In case of return of items, the refund will be processed to your original payment method, excluding any delivery costs and taxes. Only payment in Euros is accepted.
The KOOZY will authorise the payment when the order has been placed and your data verified. If your card is not authorised, no charge will be made and you will receive a notice informing you that the payment has not been accepted, and requesting you to indicate another payment method.
When making a purchase with Klarna, your personal information may be shared with them to assess your eligibility for their payment options and to customize them for you. For more information about Klarna, you can refer to their privacy policy. Additionally, general information about Klarna can be found here.
PRICES AND TAX
The prices of the items on our website are those that apply at the time of purchase. Prices may be subject to change without prior notice, but such will not affect orders that have already been accepted. All items cost, shipping costs and other services include VAT.
RETURN AND EXCHANGE POLICY
If for any reason you are not satisfied with the items purchased on our website, you have fourteen (14) days from the date of receipt of the order to return them (“right of withdrawal”). The returns and first exchange (within the same category of product; subject to availability) are free of charge. The items returned must be undamaged, in their original condition, including packaging and tags. Any altered or used items will not be accepted and will be sent back at the sender’s cost. The KOOZY cannot be held responsible for any missed returns.
If you wish to return the items purchased, you shall do so by communicating such intention at hello@thekoozy.com. We will confirm receipt of your email within twenty-four (24) hours.
You may, alternatively, fill in the withdrawal form available in the Annex I to these T&C and send it via email to hello@thekoozy.com.
You will be refunded to your original payment method within fourteen (14) days from the date of receipt of the email communicating your intention to return the purchased items.
You shall not have the right to return the items purchased on our website, for any reason and within the fourteen 14 days from the date of receipt of the order, if the items were made according to your specifications (made-to-order items) or if they are personalised, as pursuant to the applicable law. Moreover, you shall not have the right to return items which are not suitable for return due to health protection or hygiene reasons (such as personal hygiene items), as pursuant to the applicable law. Other restrictions may apply.
You shall return the items purchased, in the above referred circumstances, through registered mail at your own cost, to the address Avenida Fuentemar 19-21, 28823, Coslada, Spain. The item should always be accompanied by a copy of the invoice. Only returns of items which are in the same conditions in which were purchased are accepted. We do not assume responsibility for any lost items.
The KOOZY does not accept item exchanges, unless under the circumstances provided for by law (please, see paragraph 6 of these T&C “Guarantees”).
GUARANTEES
You have the right to a legal guarantee of three (3) years from the date of delivery of the item purchased in our website if the item does not meet the description given in the website, regarding its quality, suitability for its normal use as an item of its type, or if it has a defect (“lack of conformity”).
In order to exercise the above mentioned right, you shall report to The KOOZY the above referred lack of conformity through hello@thekoozy.com.
In such circumstance, you have one of the following rights which you may choose from:
Repair of the item (unless this proves impossible or disproportionate for The KOOZY);
Replacement of the item (unless this proves impossible or disproportionate for The KOOZY);
Appropriate price reduction of the item (if The KOOZY fails to repair or replace the item); and Termination of the contract (if The KOOZY fails to repair or replace the item).
If you choose to have the item repaired or replaced, The KOOZY will do so, without any costs for you, within thirty (30) days from the date of receipt of the email communicating your intention. If you choose to terminate the contract, you will be reimbursed within fourteen (14) days from the date of receipt of the email communicating your intention, provided the purchased item has been duly returned to The KOOZY.
In case of an appropriate price reduction of the item purchased, you will be reimbursed by The KOOZY of the amount overpaid for the item.
Please be aware, in order for you to exercise the legal guarantee, you must prove that the lack of conformity existed at the time of delivery. Thus, we advise you to inspect the purchased item once delivered in order to ensure there is no lack of conformity. You may only exercise the above-mentioned rights if the item purchased shows no signs of use.
CUSTOMER SERVICE
For any claim or query, you may contact The KOOZY customer care team at hello@thekoozy.com
INTELLECTUAL PROPERTY
The contents on our website (including, without limitation, logos, trade names, texts, images, videos, graphics, drawings, sounds, among others) are protected under copyright, trademarks (namely, under European Union trademarks “THE KOOZY BE YOUR ACTIVIST” and “THE KOOZY ELASTIC WITHOUT PLASTIC”) and other industrial and intellectual property rights and shall not be copied, reproduced or broadcasted, in whole or in part, without The KOOZY prior consent.
The KOOZY authorises the visualisation, printing, and storage of the contents on its website exclusively for personal use and without lucrative intent. Any other use or exploitation will be subject to prior written authorisation from The KOOZY.
PUBLICITY
Our website may include information of or be sponsored by third parties. Under the terms permitted by law, The KOOZY cannot be held responsible for any error or inaccuracy contained in the advertising content of its sponsors and advertisers.
CONTENTS AND LINKS
Our website provides content of its own and content made available by third parties. The KOOZY reserves the right to modify at any time the presentation, configuration and location of the website and/or the respective contents. The KOOZY does not guarantee the reliability, truthfulness, accuracy, exhaustiveness, and timeliness of third-party content on its website.
The KOOZY does not assume any liability for the accuracy and completeness of the information provided on the website. At any time and without prior notice, The KOOZY reserves the right to change or update all information in its website.
The KOOZY only provides links to the websites, it considers complying with the applicable legislation. The KOOZY reserves the right to remove links to any website, for any reason, and without prior notice, particularly if it becomes aware of the activities carried out on such a website or its content are illegal or infringe the rights of third-parties, or if ordered to do so by court or administrative decision.
PERSONAL DATA AND COOKIES
All personal data processed regarding the use of our website shall be treated in accordance with our Privacy Policy and Cookies Policy.
FORCE MAJEURE
The KOOZY shall not be responsible for any breach or delay in the fulfilment of any of the assumed obligations, when this is due to events that are out of our reasonable control ("Cause of Force Majeure").
Causes of Force Majeure shall include any act, event, lack of exercise, omission or accident that is beyond our reasonable control which, among others, include strikes, lockouts, fires, explosions, storms, floods, earthquakes, terrorist threats or attacks, war, inability to use means of transport, and legislation or restrictions of any government or public authority.
In such event, obligations shall be suspended during the period in which the Cause of Force Majeure continues, and The KOOZY shall have an extension of the deadline to fulfil these
obligations for a period of time equal to the duration of the Cause of Force Majeure. The KOOZY shall use all reasonable means to find a solution allowing it to fulfil its obligations despite the Cause of Force Majeure.
WAIVER
A lack of requirement by The KOOZY regarding strict compliance with any of the obligations assumed by you, by virtue of a contract or of these T&C, or the lack of exercise by The KOOZY of the rights or actions that may correspond by virtue of this contract or the T&C, shall not imply any waiver or limitation in relation to these rights or actions, nor shall it exempt you from complying with such obligations.
No waiver by The KOOZY of a particular right or action shall constitute a waiver of other rights or actions arising from a contract or from these T&C.
MODIFICATION OF THE TERMS AND CONDITIONS
The KOOZY reserves the right, whenever it deems necessary, to change, add or delete parts of these T&C without prior notice. Periodical consultation of these T&C is, therefore, advised.
APPLICABLE LAW AND JURISDICTION
These T&C are governed by and shall be construed in accordance with Spanish law. Any dispute arising from the use of our website shall be governed by Spanish law and shall be submitted to the exclusive jurisdiction of the Spanish courts.
You may resort to the European platform for alternative online dispute resolution available at http://ec.europa.eu/consumers/odr.
Last Update: February 2023
ANNEX I
WITHDRAWAL FORM
(Fill in and return this form only if you wish to terminate the contract)
To
I hereby inform that I wish to terminate my sale and purchase agreement with The KOOZY on the following articles:
Ordered on / received on (*)
Consumer's name
Consumer's address
Signature of consumer (only if this form is notified in paper format)
Date
(*) Delete as appropriate