Terms and Conditions
This page (together with the documents referred to on it) informs you of the terms and conditions under which we supply any of the products (“Products”) listed on our website https://kaiola.co/ to you. Please read these terms and conditions (“T&C”) carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these T&C.
We advise you to print a copy of these T&C for future reference.
GENERAL INFORMATION
1. Company’s Information
1.1. https://kaiola.co/ is operated by KAIOLA DESIGN, UNIPESSOAL, LDA., with registered offices at Ericeira Business Factory, Rua Prudêncio Franco da Trindade, nº 4, 2655-344 Ericeira, Portugal, and tax number 515344184, hereinafter referred to as “KAIOLA”.
1.2. Contact information:
KAIOLA’s address: Rua Prudêncio Franco da Trindade, n.º 4, 2655-344 Ericeira, Portugal;
E-mail:hello@kaiola.co;
Phone number: 915860200
2. When using our website:
2.1. These T&C apply to all sales through the website https://kaiola.co/
2.2. Your status:
By placing an order through our site, you warrant that:
a) You are legally capable of entering into binding contracts;
b) You are at least 18 years old; and
c) You are purchasing the Products for your own personal and non-business use.
2.3. Any of your personal data gathered during your visit to our website shall be used in accordance with our “Privacy Policy” https://kaiola.co/pages/privacy-policy.
2.4. The use of our website, either by simple navigation or by establishing a commercial relationship with KAIOLA, gives you the status of User / Client and implies the acceptance, fully and without reservations, of all provisions included in these T&C, as well as in our Privacy Policy, in effect each time you access our website.
2.5. These T&C apply to all users of our website, including, without limitation, visitors, customers and others not specifically identified.
2.6. KAIOLA’s proposal for the product’s purchase in the online store is aimed only for people of legal age with full capacity, who, therefore, can be responsible for the commitments resulting from the purchase and sale of our products.
2.7. If the User does not agree entirely with these T&C, then the User shall not access our website or the features and services associated, namely, the online store. In particular, the User shall be informed that making a purchase through our website depends on the acceptance of these T&C.
2.8. By accepting these T&C, the User makes its acceptance on his own personal behalf and/or the organization it represents (if applicable). Also, the User declares to be at least 18 years old, guaranteeing to have full legal capacity to enter into contracts and to carry out this acceptance. Furthermore, by accepting these T&C, the User expressly declares that he will not use this website and the features and services associated for any illegal and /or unlawful purposes.
2.9. KAIOLA reserves the right to change this T&C at any time and without prior notice, so it is the User’s duty to consult the T&C in effect before each website’s use, in particular, before purchasing through our online store.
2.10. Without prejudice to the provisions of the previous number, any changes to these T&C after confirmation of an order will not bind the User in relation to such order. The T&C in force on the date of confirmation of each order shall be the ones to apply to such order.
2.11. KAIOLA guarantees the account security within the security measures expected and appropriate for platforms such as the website and respective online store.
2.12. KAIOLA is not responsible for damages resulting from interference, interruptions, computer viruses, malfunctions or any other disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to Users.
2.13. In no event may KAIOLA and / or its representatives and workers be held responsible for any damages that may arise, even accidentally, from the malfunction of the website, in any capacity and whatever the period for which such malfunction continues, or for any damage caused by reproduction, use or exploitation.
2.14. Any violation of the provisions of these T&C by the User constitutes a basis for its resolution with just cause by KAIOLA. In any case, violation of the provisions of these T&C, shall give KAIOLA the right to be compensated for all losses resulting therefrom, despite contract resolution being carried out or not. In addition, KAIOLA reserves the right, at its discretion, to terminate any User’s access to the website and its functionalities and services, with or without notification to the User.
3. Signing In – Account Creation and Access:
3.1. Mere access to our website is not subject to registration. However, to take advantage of all our website’s features and services, namely, to make purchases in the online store, the User must register to create a user account.
3.2. In order to register on our website as a user, the User will have to provide us with the following personal information:
a) first name;
b) last name;
c) email;
d) password.
3.3. Once registered and in future accesses, the User will only be required to log into the account by using the email and password provided initially.
3.4. The User is responsible for the veracity, completeness and legality of the data provided, either at the time of registration, or for the purpose of purchasing at the online store, as well as for the respective update. In these terms, the User will be the sole and exclusive responsible for any false or inaccurate statements that he makes and, consequently, for reimbursing KAIOLA for all losses that it may suffer as a result of the non-compliance with this provision.
3.5. All contents inserted in the User's account, as well as all the activity that takes place therein, are the User's responsibility, and there is no obligation on the part of KAIOLA to monitor the contents or (non) fulfilment of any User responsibilities, namely compliance with obligations towards other Users or before national authorities.
3.6. KAIOLA has neither access nor knowledge of the password defined by the User for the purposes of accessing the website, and the User is responsible for ensuring the confidentiality of the password and its safekeeping and good use, as well as for complying with good practices regarding the security of the account (in particular, changing the password regularly and avoiding connections through networks open to the public). As such, KAIOLA cannot be held responsible for losses resulting from the loss or misuse of the password defined by the User.
PRODUCTS AND PURCHASE PROCESS
4. Products’ characteristics:
4.1. Our website offers a range of products for sale by KAIOLA in the online store.
4.2. All products are illustrated with photographs and an indication of their essential characteristics, and are available, without distinction, for purchase by Consumers.
4.3. KAIOLA has made every effort to ensure that the information presented on the website and its online store is free of typographical errors and, whenever these occur, KAIOLA will proceed with the respective correction as soon as possible. Likewise, KAIOLA will use its best efforts to keep the information related to the products, contained in the website and in the respective online store, updated.
4.4. KAIOLA may, at any time, change, delete or move any information on the website and online store, without prior notice, namely those relating to products, prices, promotions, offers, commercial conditions and services.
4.5. The User now accepts and expressly conforms with the following:
a) The photos presented on the website are for illustrative purposes only, and the User must read the information on the essential characteristics of the products, as well as the respective warnings and instructions for use, and must, in case of doubt or need for further information, contact KAIOLA, by filling in the contact form provided for information requests. In alternative, the User may choose to contact us by email or phone using the information provided for in point 1.2.;
b) Detailed information about the products and their characteristics/specifications can be consulted with KAIOLA directly;
c) All products for sale are subject to existing stock, without prejudice to KAIOLA endeavouring to present updated information regarding availability of the products included in the shopping cart;
d) KAIOLA will not assume any responsibility for any discontinued items;
e) The prices and products available on the website are only valid for commercial transactions carried out through our online store.
4.6. KAIOLA is not responsible for any consequences resulting from failure to consult the information of the products and its instructions of use or any other warnings provided.
5. Products’ price:
5.1. The price of each product sold by KAIOLA is duly indicated in the website, in Euros, including VAT at the legal applicable rate.
5.2. The price of each product for sale by KAIOLA does not include transportation costs (shipping costs), which may vary according to the intended delivery period / method. Therefore, the User shall consult such prices in point 6.2.4.
5.3. Any additional costs, such as transportation costs, will be presented to the User in the moment immediately before the Order Confirmation by the User.
5.4. Although KAIOLA tries to ensure that all prices on the website are correct, errors may occur. If KAIOLA detects an error in the price of any of the products that the USER has ordered, it will inform you as soon as possible and give you the option to reconfirm the order at the correct price or to cancel it. If KAIOLA is by any reason unable to contact the User, the order will then be cancelled and the amount that has already been paid will be refunded in full.
5.5. The price of the products is subject to change by KAIOLA, without prior notice, until the moment of the Order Confirmation by the User.
6. Products purchase – process and sale conditions:
6.1. Selection of products and shopping cart
6.1.1. The products selected by the User will be inserted in the shopping cart when pressing the option “Add to cart”. This option will allow the User to continue shopping after selecting a product. In alternative, the User may also press “Buy now” if he does not wish to continue shopping and wishes to move directly to checkout. The User must indicate the number of intended units, as well as the intended size.
6.1.2. The items for sale are subject to existing stock. KAIOLA is not obliged to sell any not available products.
6.1.3. Once the desired products have been selected, the User must select the option “Checkout” and then proceed to log in or create a new user account, under the conditions established in clause 3.
6.1.4. After logging in or registering, the User will be presented with a list of the selected products and its respective quantities and prices (including VAT), as well as additional costs such as shipping costs.
6.2. Billing, Payment and Delivery data
6.2.1. In order to complete the order, the User shall provide KAIOLA with its shipping address, filling in the necessary information for delivery, using the form provided.
6.2.2. The said information will be requested in the first purchase in our website, and the User may choose to save it for future purchases. This way, such information will not be requested again.
6.2.3. It is possible to choose a different address for billing and shipping purposes. If that is the User intention, he will then have to provide KAIOLA with the necessary billing information, using the form provided.
6.2.4. The User will also be required to select the intended delivery method. The following options are available:
a) Standard Shipping:
- All orders are shipped and registered within 2 business days via CTT (Portugal’s national postal service). Orders are sent via airfreight postal service and User will receive a tracking number as soon as the order has been dispatched. All orders are shipped from Lisbon, Portugal.
- The package is being delivered through national postal services. It is dispatched via CTT (Portuguese Postal Services) and, once it arrives in the destination country, it will be handled by the national postal carrier, such as USPS, Australia Post, Deutsche Post, Royal Mail, Canada Post, etc.
- Please note that not all postal services of receiving countries provide end-to-end tracking information.
- Duties & Taxes may be collected at delivery. Please see Foreign Taxes and Duties point 6.2.5.
- CTT Delivery Times:
Portugal: 1-2 business days;
Europe: 3-10 business days;
US & Canada: 5-15 business days;
Rest of the world: 5-20 business days.
- Shipping times may vary due to national holidays, customs and duty procedures, carriers’ delays, difficulties in delivering to the recipient, and other reasons that KAIOLA cannot control.
- Any questions regarding a shipped order may be directed to our email provided for in point 1.2. or directly to the User’s local postal service using the tracking number provided by KAIOLA.
b) Express Shipping:
- All orders are shipped with FedEx no later than two business days after the order has been placed.
- FedEx Express Delivery Times:
Europe: 1-3 business days;
US & Canada: 2-4 business days;
Latin America: 2-6 business days to main business centres;
Asia, Middle East: 2-6 business days to main business centres;
Oceania: 2-6 business days to main business centres.
- Delivery times may vary, depending on the destination. For deliveries outside main business centres, deliveries may take longer.
- The User will receive a tracking number as soon as the order has been dispatched. The parcel's journey can be tracked using the tracking number provided . All orders are shipped from Lisbon, Portugal.
- Duties & Taxes may be collected at delivery. Please see Foreign Taxes and Duties in point 6.2.5.
- Shipping times may vary due to national holidays, customs and duty procedures, carriers’ delays, difficulties in delivering to the recipient, and other reasons that KAIOLA cannot control.
- If you haven’t received your order within the above timeframes, please contact FedEx with your tracking number.
6.2.5. Foreign taxes and duties: Our prices are displayed without delivery duties. Customs and import duties differ by country and are charged only when the shipment reaches its destination. All of these are the customer’s responsibility and we strongly advise you to contact your local customs office to check the current charges before you order. If a delivery is refused by the receiver and is returned to KAIOLA, the original shipping charges, handling fees, return shipment costs and custom charges are not refunded.
6.2.6. Once the delivery method has been selected, the User will be informed of the total price to be paid (order and shipping), as well as of the foreseeable deadlines, in working days, for shipping and delivery of the products to the User.
6.2.7. The User shall then proceed to payment. The following payment methods are available: Credit card; Apple Pay.
6.2.8. Before confirming the order, the User undertakes to verify the data contained in his order summary: the products selected in the shopping cart, the respective delivery method and payment method, as well as delivery and billing addresses. The User must go back to the previous steps in order to make due rectification of any detected error.
6.2.9. All payments are made in Euros. The User accepts that KAIOLA cannot control the exchange rate between the time of purchase and the time of refund, if applicable. KAIOLA shall not be responsible for any discrepancies between the amount paid and the amount refunded.
6.2.10. By completing your order you agree to our Terms of Service and Refund Policy. Please make sure that you have read these conditions, as they will be binding for all purchases made on our website. If you do not agree with any of these provisions, you shall not proceed with your order. We advise you to print a copy of these T&C for future reference.
6.3. Order confirmation and contract
6.3.1. After completing the previous steps and reading and confirming the acceptance of these T&C and Privacy Policy, the User will be able to confirm the order, finalizing the purchase process.
6.3.2. Upon confirming the order, the User enters into a purchase and sale agreement with KAIOLA, expressing his full and complete acceptance of the description of the products included in the transaction, the respective prices and these T&C, which contain the only applicable provisions between User and KAIOLA.
6.3.3. After the order is submitted by the User, the User will receive an email confirming that his order has been received by KAIOLA (Order Confirmation email). This email will contain a summary of the information about the order placed, including the product name / reference, the total price of the product, the chosen shipping option and associated shipping costs, as well as the payment details according to the selected payment method. If any of the information therein contained is not correct, the User must immediately request a change to KAIOLA.
6.3.4. After payment of the total price of the products, the invoice will be issued and sent to the email provided by the User. Once issued, the invoice cannot be reissued with changes.
6.3.5. With the order confirmation by the User, as well as the subsequent full payment of the total price of the products, the contract for the purchase and sale of the products made available on the online store by KAIOLA is completed. However, its effectiveness will depend on the products’ availability in stock, in accordance with the provisions of the following numbers.
6.3.6. All orders for products in the online store will be subject to availability in stock. KAIOLA is not obliged to supply products that are unavailable. Therefore, if the ordered products are not available in stock, KAIOLA will inform the User immediately after the knowledge of this unavailability and will act in accordance with the provisions of the following numbers.
6.3.7. If there is temporary unavailability of any of the products in stock, making it impossible to deliver them within the agreed deadlines, KAIOLA will contact the User seeking to agree with him a new delivery period, and the order will only continue after consent given by the User (via email). In case of unavailability of any of the products in stock, KAIOLA may also propose to the User the supply of a product of equivalent quality and price, if any, and in this case, the order will only continue after the consent given by the User (by e-mail).
6.3.8. If none of the situations provided for in the previous number is accepted by the User, the order will be canceled in relation to the unavailable products, and KAIOLA will refund the amounts paid by the User, within a maximum period of 30 (thirty) days after the notification of the order cancellation.
7. Products’ Delivery:
7.1. After the purchase and sale contract is formalized, full payment of the total price of the products is made, and provided that the purchased products are available (all under the terms set out in the previous clauses), KAIOLA will send the User the delivery information for the products and respective deadlines, in accordance with the delivery method chosen by the User (as established in 6.2.4.).
7.2. The User must ensure the presence of someone at the delivery address on the date indicated by KAIOLA.
7.3. The User shall be responsible for ensuring that on the date scheduled for delivery he or she is at the delivery address to receive the order. If that does not happen, and the carrier is not able to conclude the order delivery after up to three delivery attempts, the order will be sent back to KAIOLA, which will then contact the User, allowing him to choose between: a) Cancelling the Order, in which case KAIOLA will proceed with the reimbursement of the paid price (with the exception of the shipping costs); b) Arrange for a new delivery, agreeing on a new delivery fee (in this case, the order will only be shipped after payment of the correspondent shipping costs).
7.4. KAIOLA refuses any responsibility for any delay or impossibility of delivering the order, resulting from acts for which it is not responsible.
7.5. The maximum deadline for the product delivery is 30 days, counting from the day of confirmation of price full payment.
7.6. For the purposes of these T&C, a "delivery" is considered to be made or a product is considered "delivered" with the signature of the delivery receipt at the agreed address, or, when the product is picked up at the store, with the signature of the withdrawal receipt.
PRODUCTS’ WARRANTY
8. Products’ conformity warranty:
8.1. KAIOLA is responsible for any lack of conformity of the product that exists at the time they are delivered to the User.
8.2. The products do not comply with the purchase and sale contract when any of the following facts occurs:
a) When the products do not comply with the description given by KAIOLA on its website or do not have the qualities that KAIOLA has presented to the User;
b) When the products are not suitable for the specific use for which the User destines them and of which he has informed KAIOLA and that KAIOLA has accepted;
c) When the products are not suitable for the use usually given to goods of the same type;
d) When the products do not present the usual qualities and performance of goods of the same type and which the User can reasonably expect, given the nature of the good and, eventually, the public statements about its concrete characteristics, made by KAIOLA or by KAIOLA’s brand, namely in advertising or labeling.
8.3. Under the terms of Consumer Law, the general warranty period for products is 2 (two) years for new products, from the date of delivery of the products to the User, provided that the product defect is reported by the User to KAIOLA within the maximum period of 2 months from the date in which it was detected. In sales to professionals, if they happen, KAIOLA shall also be responsible for any defect in the products that exist at the time they are delivered to the said professional, with a warranty period of 6 (six) months from the date of delivery of the products to the User, provided that the said defect is reported within the maximum period of 1 month from the date of its detection.
9. Warranty Exclusions:
9.1. It will not be considered as a lack of conformity or as a defect in the product, within the meaning of the applicable law, any situation where, at the time the contract was concluded, the User had already become aware of such lack of conformity or of the defects in the products or could not reasonably ignore them.
9.2. Also, KAIOLA will not be held responsible for any lack of conformity / defect in the product, if they arise from the following situations:
a) Failure to use and/or preserve the products in careful, diligent and / or in accordance with KAIOLA’s indications;
b) The use of products for a purpose other than the one for which they are intended;
c) The production of the products according to the customer’s specific requests or under any specific characteristics indicated by the customer;
d) The normal use of the products;
e) Product modification or alteration.
10. Proceeding:
10.1. If the purchased Product is not in conformity or suffers from a defect, the User must report the situation to KAIOLA, providing KAIOLA with the purchase invoice and a description of the product’s non-conformity. The said product must also be delivered to KAIOLA for evaluation.
10.2. Upon receipt of the product at KAIOLA’s facilities, we will then proceed to check the reported non-conformity. If we confirm that there is a non-conformity of which KAIOLA should be responsible, the User will then have the possibility to choose between one of the following options:
a) Repair (if possible);
b) Replacement of the product with another with identical characteristics;
c) Price reduction;
d) Termination of the Contract, under the terms of the following Clause.
10.3. The costs of returning or collecting products under warranty will be borne by KAIOLA whenever it is concluded that there is a non-conformity covered by the product’s warranty.
CONTRACT TERMINATION
11. Free Contract Termination - Right of withdrawal
11.1. The provisions of this clause apply exclusively to sales made to final consumers, as defined in Law No. 24/96, of 31 July, with subsequent changes.
11.2. The User has the right to freely terminate this contract within 14 calendar days, without the need to indicate any reason. The period for exercising the right of withdrawal expires within 14 days from:
a) From the day in which the User or a third party indicated by the User (with the exception of the carrier), acquires physical possession of the product; or
b) From the day in which the User or a third party, with the exception of the carrier, indicated by the User, acquires physical possession of the last product, in the case of several goods ordered by the User in a single order and delivered separately.
11.3. The right of free withdrawal may be exercised by the User for all purchased products or only for some of the products included in an order.
11.4. For this purpose, the User must direct a clear and unambiguous communication of his decision to resolve the contract to KAIOLA by one of the following ways: 1) using the form provided in Decree-Law No. 24/2014, of February 14th, and sending it to KAIOLA’s address provided for in point 1.2.; 2) sending a registered letter to KAIOLA’s address, provided for in point 1.2. or 2) sending an email to KAIOLA’s email address, also provided in point 1.2.. KAIOLA will send a receipt notice of the request for resolution, by email, within 24 hours after receiving such request.
11.5. For the resolution period to be considered as having been respected, it is enough that the communication of resolution is sent before the end of the resolution period provided for in point 11.2.
11.6 The right to freely terminate the contract is not applicable in situations in which the products sold are sealed and not susceptible to return for reasons of health or hygiene protection, when opened after delivery.
12. Parties’ obligations resulting from the User’s exercise of free termination’s right
12.1. When the products have already been delivered to the User, the User must return or deliver the products to KAIOLA’s facilities within 14 days from the date on which he or she communicated his or her decision to terminate the contract to KAIOLA. The User shall bear all the costs of returning the products.
12.2 In case of contract’s termination before the order is delivered to the User, all payments made by the User will be refunded, including any costs for the delivery of the products (except when the User has requested a more onerous delivery method than commonly accepted).
12.3. In case the contract is terminated by the User before the products delivery but after the products have been shipped to the User’s address, the User shall then wait for the products delivery and then proceed with its return or delivery to our facilities, in accordance with point 12.1.
12.4. KAIOLA reserves the right to withhold the refund of the amounts paid by the User until the products are returned to our facilities.
12.5. The refund will be made using the same payment method used in the initial transaction, unless expressly agreed otherwise by the User.
12.6. The User must keep the products in order to be able to return them in the proper conditions, in their complete original packaging, and always accompanied by the respective receipt or original invoice.
12.7. The contractual right to return products applies exclusively to products that can be returned under the same conditions in which the User received them. KAIOLA may reject the refund of any product that has been damaged or that show signs of use in addition to simply opening its outer packaging, namely because the respective labels have been removed / cut or any security seals have been violated.
12.8. The User cannot terminate the contract when the traded product has been, in any of its components, made according to the User's specifications or customized.
12.9. If the above conditions are not met, the return will be rejected, and an email will be sent to the User indicating the respective reasons. The User will, in this case, be given the option to request the reshipment of products not accepted for return, provided that User bears the reshipment charges.
RETURNS AND EXCHANGES
(This section does not apply to products sold on sales, promotions or any other price reduction practice).
13. Returns and exchanges policy:
13.1. Without prejudice to the right to freely terminate the contract, as established in the previous section, KAIOLA accepts exchanges and returns of purchased products within a period of 30 days from the date of purchase, under the conditions established in this Clause.
13.2. This however will not apply to sales / promotions items – products purchased on sales or promotions are not refundable and not exchangeable.
13.3. In order to return or exchange a purchased product, the User will need to send an email to hello@kaiola.co, with indication of the order number and a copy of the order’s receipt / invoice. KAIOLA will then enter into contact with the User in order to proceed with the intended return / exchange.
13.4. The User will be required to ship the said product to KAIOLA’s facilities. All shipping costs for that purpose will be of the User’s sole responsibility.
13.5. KAIOLA reserves the right to refuse any request for return / exchange of products until they are received in our facilities. Without proof of delivery, such requests will be denied. KAIOLA shall not be held liable for any items lost or damaged in transit to our facilities.
13.6. Products shall preferably be returned in the original shipping envelope, as well as with all packaging and labels. KAIOLA reserves the right to refuse returns / exchanges of products that are not returned under these conditions or that show any indications of use. To receive a refund or exchange of an item, it must be unworn, unwashed, undamaged and with its original labels – otherwise, KAIOLA shall have the right to refuse the return or exchange of your order.
13.7. For international returns and exchanges please clearly write “Return merchandise, no commercial value”. KAIOLA will not be responsible for any customs charges. Such charges will be deducted from any refund value or invoiced to you in case of product exchange, as the case may be. In that case, KAIOLA reserves the right to withhold the exchanged product as long as the said invoice is not paid.
13.8. As soon as we receive the User’s product, KAIOLA will check the condition of the item returned, and will proceed to refund the amount invoiced within 14 days (shipping costs and custom duties are non-refundable).
13.9. If the User has requested an exchange, we will check the condition of the item returned, and, provided that the exchange has been approved by KAIOLA in advance (confirming stock availability and postage costs), KAIOLA will ship the User a new item within 5 working days upon receipt of the returned item.
13.10. The User will receive a confirmation email when the refund has been processed by KAIOLA. It might take a few days until the refund reaches the User’s account.
13.11. The User shall be aware that it is the customer’s responsibility if any shipment is returned to KAIOLA due to unpaid customs charges. The original shipping charges, handling fees, return shipment costs and custom charges aren’t refunded.
FINAL DISPOSITIONS
14. Intellectual Property:
14.1. Without prejudice off the next number, KAIOLA is the owner of all intellectual property rights on the website.
14.2. The contents that are made available by KAIOLA through the website, namely, texts, images, brands, logos, source codes, are protected by intellectual property legislation, namely by copyright and industrial property rights, being its property or license, held by KAIOLA and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written authorization of KAIOLA or the holder of the intellectual property right applicable, which the User recognizes and accepts.
14.3. The User undertakes not to make any abusive use of these same contents, which cannot be copied, disseminated, used or copied in any way, not using software tools to collect protected content, namely, robots, crawlers or other mechanisms automatic.
14.4. The User will not copy, translate, disassemble or decompile, or create or attempt to create, by reverse engineering or otherwise, the source code and the object code of the Platform, as well as third party tools and applications and the software associated with the operation, and not remove any confidentiality or intellectual property notices.
14.5. The User undertakes to fully compensate KAIOLA for any indemnities, costs or expenses that it supports as a result of claims of any kind or nature that are directed against it by third parties, based on the violation of third party rights, namely rights intellectual property rights related to the use of content made available, provided or made available through the website and the services associated with it, including for indemnities paid to third parties under agreement with them.
15. Privacy policy
KAIOLA is the data controller. Any and all personal data collected on the website will be kept confidential and will not be sold, communicated or, in any way, reused by third parties without your consent. Any personal data provided to us will be processed in accordance with the relevant legislation, with best practices and ensuring all technical and organizational security measures to protect them, which are used for the sole purpose of executing your purchase order and to improve your experience on our website. For more information on how we process your personal data, you should consult our Privacy Policy (here), notwithstanding the privacy notices contained in the appropriate places.
16. Responsibility
To the maximum extent permitted by law, KAIOLA will only be liable for damages caused by gross negligence or fraud. KAIOLA assumes no responsibility for the continuous availability of this website, in particular mobile networks, the Internet and mobile devices.
17. User support and complaints
The User may address comments, suggestions or complaints to KAIOLA through telephone contact, to the number +351 92 634 7900 (available from Monday to Friday from 9 am to 5 pm GMT) or through the e-mail contact hello@kaiola.co.
18. Alternative Dispute Resolution
18.1. The provisions of this clause apply exclusively to sales made to final consumers, as defined in Law No. 24/96, of 31 July, with subsequent changes.
18.2. KAIOLA informs that under Reg. (EU) 524/2013 of the European Parliament and of the Council, the User can access athttps://webga.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage to the Online Dispute Resolution Platform, where information is provided on the possibility of using it to resolve your disputes.
18.3. Also, on the Consumer Portal (www.consumidor.pt) information is available on the Alternative Consumer Dispute Resolution Entities, which are available to promote the extrajudicial resolution of national and cross-border disputes under Law No. 144/2015, of September 8, with the subsequent changes, when they are initiated by a consumer against a supplier of goods or services provider, and respect the contractual obligations resulting from purchase and sale contracts or the provision of services, concluded between supplier of goods or established service provider and consumers resident in Portugal and the European Union.
18.4. KAIOLA is not bound by adherence or legal imposition resulting from necessary arbitration, to any entity of alternative resolution of consumer disputes.
THE USER DECLARES TO HAVE READ AND UNDERSTOOD THE PRESENT GENERAL CONDITIONS, AS WELL AS THE POLICIES TO THEM ASSOCIATED, AND DECLARES THAT IT HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE, BEFORE ACCEPTING THEM. ALSO, THE USER ACKNOWLEDGES THAT THIS IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN USER AND KAIOLA, WHICH DERAILS ANY PREVIOUS WRITTEN OR ORAL PROPOSAL OR AGREEMENT, AND ANY OTHER COMMUNICATION BETWEEN USER AND KAIOLA, CONCERNING THIS CONTRACT OR THE SCOPE OF THIS CONTRACT.
Terms and Conditions updated to 2020 / 06 / 23