- 1. Legal notice
- 2. The service and its title holder
- 3. The use of the website
- 4. The purchase of the service
- 5. Intellectual and industrial property
- 6. LINKS
- 7. Exemption from liability
- 8. Data protection
- 9. Entry into force and duration
- 10. Reservation of rights
- 11. Written communications
- 12. Miscellaneaous
- 13. Apliccable law and jurisdiction
1.1. Accessing, browsing and using the website www.karibou.eu (hereinafter the “Website”) implies the express and unreserved acceptance of all the provisions of these General Terms and Conditions, having the same validity and efficacy as any other written and executed agreement.
Title holder: INDUSTRIES SOSTENIBLES KARIBOU, S.L. (hereinafter “KARIBOU”)
Registered office: Calle del Besos, Núm. 1, 08174, Sant Cugat del Vallès, Barcelona
Tax Identification Number: B-67498147
Phone number: +34932427922
E-mail address: firstname.lastname@example.org
2.1. KARIBOU is the title holder of the Website, by means of which advertises and promotes its service which consists of a non-toxic, biodegradable and compostable packaging of different typologies solution, aimed at the food, beverage, agricultural and other sectors (hereinafter the “Service”). The packaging, completely plastic-free, is made from natural materials produced in Europe using renewable energies (hereinafter the “Products”).
2.3. In the event of non-acceptance of the General Terms and Conditions, the User and/or Client must cease accessing, browsing and using the Website and purchasing the Service, respectively.
3.1. These General Terms and Conditions govern the access to, browsing and use of this Website, without prejudice to the fact that KARIBOU reserves the right to unilaterally modify the presentation, configuration and content of the Website without prior notice, as well as the operating, technical and usage conditions in order to improve the Website and the Service.
3.2. The access to and the use of the contents of the Website after the entry into force of its modifications imply the acceptance of said modifications.
3.3. KARIBOU also informs the Users and Clients of their rights and obligations in relation to the content displayed on the Website, logos and trademarks used, as well as the responsibilities that may arise from accessing the Website.
3.4. The User and/or Client undertakes not to use the Website for the performance of illegal activities or activities contrary to morality or public order, and, in general, undertakes to make appropriate use of the Website, in compliance with these General Terms and Conditions. In particular, and without the following list having the nature of numerus clausus, it is prohibited to:
- Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in the operation of the Website or a third party’s computer;
- Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programmes or files;
- Use the Website to collect personal data of other Users;
- Use the Website in an illegal manner, against good faith, morality and public order;
- Access without authorisation to any section of the Website, to other systems or networks connected to the Website, to any server of KARIBOU, or to the Service offered through the Website, by hacking, forgery or any other illegitimate means;
- Breach or attempt to breach the security measures of the Website or any network connected to the Website, or the security or protection measures inherent to the content offered on the Website;
- Take any action that causes disproportionate or unnecessary load on the infrastructure of the Website or on KARIBOU’s systems or networks, as well as systems and networks connected to the Website; or
- Impede the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation thereof, or by falsifying the result thereof and/or by using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes in any way these General Terms and Conditions
3.5. Failure by the User and/or Client to comply with any of the foregoing obligations may result in KARIBOU taking the appropriate measures in accordance with the law and in the exercise of its rights or obligations, without the possibility of any compensation for the damages caused. Likewise, KARIBOU may immediately terminate the relationship with any User and/or Client if it detects any use of the Website and/or the Service by the User and/or Client that is contrary to these General Terms and Conditions.
4.2. The purchase of the Service is exclusively aimed at persons of legal age who have full capacity to purchase and the faculties to represent the entity on behalf of which they are purchasing the Service, being strictly prohibited the purchase of the Service by persons who do not meet these requirements.
4.3. Pre-order of the Products
The User may address KARIBOU to reserve the Products contained in the Catalogue published on the Website by accessing the PRE-ORDER PRODUCTS Section and contacting KARIBOU using the form available in said Section.
KARIBOU shall contact the User as soon as possible by e-mail upon receipt of the Product Reservation form in order to formalise the order and the corresponding purchase of the Service.
4.4. Payment of the Service
KARIBOU will accept the following methods of payment: bank transfer, bank draft, confirming or the method of payment stipulated in the specific conditions contained in the corresponding agreement executed by the Client and KARIBOU.
4.5. Deliveries and shipments
KARIBOU makes deliveries of Products in the following territories: Mainland Spain, Ceuta and Melilla, Balearic Islands, Canary Islands, as well as in any other countries that KARIBOU may determine eventually.
In the event the Client does not reside in one of the aforementioned territories, he/she should contact KARIBOU in order to determine the possibilities of sending the Products to his/her establishment.
The shipment, transport, export and import of the Products shall be carried out in accordance with the specific terms and conditions agreed between KARIBOU and the Client. Without prejudice to the provisions contained in the aforementioned specific terms and conditions, KARIBOU shall deliver the order within the period agreed with the Client, unless the non-fulfilment is due to Force Majeure or Unforseeable Circumstances. Deliveries shall be made on working days, from Monday to Friday, and KARIBOU shall only be responsible for the means of delivery stipulated in the specific terms and conditions contained in the agreement executed with the Client. The delivery period is illustrative and shall not be considered an expiry date, and KARIBOU shall not be liable in relation to any delivery made on or after the deadline with a reasonable difference of days with respect to the communicated delivery date.
The Client shall provide all necessary cooperation in connection with the delivery of the Products. The Client is responsible at all times for checking that the Products are in good condition upon delivery and shall sign for their receipt. If the Client detects any signs of opening or infringement of the inviolability of its shipment, he/she shall be obliged to consider the goods as not having been received and to immediately contact KARIBOU.
If the production of the Products by KARIBOU is limited for any reason, KARIBOU may, at its sole discretion, distribute the available Products to the Clients.
4.6. Return, replacement and refund
Without prejudice to the specific terms and conditions agreed between KARIBOU and the Client in the corresponding agreement, the Client is generally obliged to inspect the purchased Products immediately upon receipt. In general, the Client shall have a period of seven (7) calendar days from the actual receipt of the Products to notify KARIBOU in writing, at the e-mail address email@example.com, of the request to return the Products, explaining the reasons (e.g. defective items, items other than those forming the subject-matter of the order or any other reason stipulated in the specific terms and conditions contained in the agreement entered into with KARIBOU) for such return. KARIBOU shall inform the Client, within seven (7) calendar days from the actual receipt of the return request, of its acceptance or refusal of the request and the reasons for its decision.
Products returns shall be made using the goods transport services purchased by KARIBOU or, if applicable, purchased by the Client.
Only in the event of requesting the return or replacement of the Products because they are defective or do not correspond to the Products ordered by the Client, the costs of such processes shall be free of charge for the Client.
5.1. The Products and their presentation, the whole Website, as well as the different components and elements that comprise them (design, trademarks, logos, texts, images, graphics, buttons, software files, colour combinations, the structure, selection, arrangement and presentation of their contents etc.) belong to KARIBOU. Therefore, KARIBOU is the right holder of the intellectual and industrial property rights derived therefrom and/or has obtained for their use the relevant authorizations or licences from the third parties that are the holders of such rights, if any. Thus, neither the Products, nor the Website, nor any of its components and/or elements may be used, communicated to the public, reproduced, distributed, transformed, make available to or used in any other way whatsoever that implies a violation of the Spanish, EU or international intellectual and/or industrial property laws, without the prior express authorization of KARIBOU.
5.2. KARIBOU shall also be the right holder of the industrial and intellectual property rights on any amendments or improvements to the Website, the Products, the Service and/or to its components and/or elements.
5.3. In relation to the Website, under no circumstances shall access, browsing and use of the Website by the User and/or Client be understood to imply a waiver, transfer, licence or total or partial assignment of the aforementioned rights by KARIBOU.
5.4. The User and/or Client must refrain from eluding any measure or device implemented to guarantee KARIBOU’s intellectual and industrial property rights.
6.1. Links to KARIBOU’s channel or profile on other platforms and social networks
KARIBOU provides Users and/or Clients with links that enable them to access from the Website the channels and profiles that KARIBOU maintains on different platforms and social networks belonging to and/or managed by third parties (e.g. Twitter, LinkedIn, Instagram, YouTube, Facebook etc.). The inclusion of these links on the Website is for the sole purpose of providing Users and/or Clients with access to these channels and profiles on the different platforms and social networks.
Providing access to such channels does not imply the existence of any relationship between KARIBOU and the right holder or distributor of the linked platform, nor does it imply acceptance and approval by KARIBOU of its content and/or services, being solely liable for them the right holder or distributor.
The activation and use of these platforms may involve the identification and authentication (login/password) of the User and/or Client on the corresponding platforms, which are completely external to the Website and beyond KARIBOU’s control. By accessing these external platforms, the User and/or Client enters an environment that is not controlled by KARIBOU, therefore the User and/or Client acknowledges and accepts that KARIBOU takes no responsibility for measures relating to privacy or the processing of personal data.
Furthermore, since KARIBOU has no control over the content hosted on such platforms, the User and/or Client acknowledges and accepts that KARIBOU takes no responsibility for the content or services that the User and/or Client may access on such platforms, or for any content, product, service, advertising, or any other material available on such platforms.
KARIBOU will use its profiles on social networks to advertise its own Service. In any case, if KARIBOU decides to process contact data (social network user profile and/or email) to carry out direct commercial prospecting actions, it will always do so in compliance with the legal requirements of the current legislation on data protection.
6.2. Links to www.karibou.eu on other websites, platforms and social networks
KARIBOU does not authorise the establishment of a link to the Website from pages that contain material, information or content that is illicit, illegal, degrading, obscene and, in general, that contravene the law, morality or public order, or generally accepted social norms.
In any case, Users and/or Clients may establish links to the Website on their respective websites, platforms and social networks, provided that they comply with the following conditions:
– The link cannot reproduce the content of the Website or parts of it in any form;
– It is not permitted to modify the Website in any way;
– It is not permitted to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, to state or imply that KARIBOU has authorised the link or that it has supervised or assumed in any way the content or services offered or made available on the website, platform or social network on which the link is established;
– The website, platform or social network on which the link to the Website is established shall not contain information or content that is unlawful, contrary to generally accepted morals and good customs and public order, nor shall it contain content contrary to any third party rights, including intellectual and industrial property rights and/or the right to one’s honour, personal or family privacy or one’s own image, or any other right, or content contrary to the legislation on personal data.
KARIBOU 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, platforms and social networks that have established links to the Website. Therefore, KARIBOU takes no liability whatsoever for any aspect relating to the website, platform or social network that establishes such a link to the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its services, its own links and/or any of its content, in general.
7.1. KARIBOU takes no liability for the decisions made by Users and/or Clients as a result of the information offered through the Website regarding the Service, nor for any damages caused to Users and/or Clients or third parties due to the use of the Service.
7.2. KARIBOU shall also not be liable for the speed, quality of browsing and use and access by the User and/or Client to the Service, which shall depend on the technical conditions of the service that the User and/or Client has hired with their respective Internet access service operator. Therefore, KARIBOU shall not be liable for the impossibility, suspension or cancellation of access to the Service or for difficulties in connecting to the communications network through which the User and/or Client accesses the Service and failures due to reasons outside KARIBOU’s control. Neither shall KARIBOU be liable for the continuity and availability of the Service when this cannot be guaranteed as a result of causes beyond KARIBOU’s control.
8.1. As title holder of the Website and provider of the Service, KARIBOU collects the personal data from Users and/or Clients and is responsible for the processing of the provided data. With the express and unequivocal consent of the User and/or Client, KARIBOU shall process data lawfully, fairly and transparently and undertakes to comply with the obligations imposed by the EU Regulation No. 2016/679, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“General Data Protection Regulation”), Spanish Act 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights (“LOPD-GDD”) and the EU and Spanish implementing regulations in force (hereinafter the “Data Protection Regulations”).
9.1. These General Terms and Conditions shall be understood to be in force for as long as the User accesses, browses and uses the Website and/or purchases the Service.
9.2. The General Terms and Conditions applicable shall be the ones published at the time of accessing, browsing, and using the Website and/or of purchasing the Service, in accordance with KARIBOU’s reservation to amend them, as stipulated in Clause 10.
10.1. KARIBOU reserves the right to refuse a User’s and/or Client’s order if KARIBOU is aware of any prior dispute with the User and/or Client, and in particular due to non-payment of the price of the purchased Products or Service.
10.2. KARIBOU may at any time modify the prices of the Products and/or Service by publishing such modified prices in the Catalogue available on the Website. In any case, the purchase price of the Products and/or the Service shall be the one published at the time of the confirmation of its formalisation by the User.
10.3. KARIBOU reserves the right to verify the personal data provided by the User and/or Client, as well as to take the measures it deems necessary in order to verify that the User corresponds to the holder of the documents, cards and other means of payment used. The verification may consist of requesting proof of the User’s and/or Client’s identity, address and/or bank documents.
10.4. KARIBOU reserves the right to amend these General Terms and Conditions at any time and without prior notice, and it is the responsibility of the User and/or Client to read them each time he/she purchases the Products and the Service advertised on the Website.
10.5. KARIBOU may also modify the provisions stipulated herein, in whole or in part, by publishing any change in the same form in which these General Terms and Conditions appear or through any type of communication addressed to Users and/or Clients. The temporary validity of these General Terms and Conditions shall therefore coincide with the period of time during which they are displayed, until when they are totally or partially modified, at which time the modified Terms and Conditions shall come into force.
10.6. KARIBOU may terminate, suspend or interrupt access to the content of the Website at any time and without prior notice, without the User and/or Client being able to claim any compensation whatsoever. After such termination, the prohibitions stipulated herein regarding the use of the content shall remain in force.
11.1. By accepting these General Terms and Conditions, the User and/or Client accepts that most of the communications with KARIBOU will be electronic. KARIBOU will contact the User and/or Client by e-mail.
11.2. The User and/or Client accepts the use of these electronic means of communication and acknowledges that any notice, information and other communications electronically sent by KARIBOU complies with the statutory requirement of being in writing and shall be fully valid for all purposes.
12.1. The headings of the clauses contained herein are for information purposes only and shall not affect, qualify or extend the interpretation of these General Terms and Conditions.
12.2. KARIBOU may inform and cooperate with the competent police and judicial authorities in due course if it detects any breach of the current legislation or if it suspects that a crime has been committed.
12.3. In the event any of the clauses contained in these General Terms and Conditions is declared null and void or not applicable, in full or partially, by any Court of Justice or competent administrative authority, said nullity or non-application will not affect the validity or effectiveness of the other clauses of these General Terms and Conditions.
12.4. The failure of KARIBOU to exercise or enforce any right or provision contained in these General Terms and Conditions shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by KARIBOU.
13.1. These General Terms and Conditions shall be governed by the laws of Spain without prejudice to the consumers and user’s protection laws that could result applicable.
13.2. These General Terms and Conditions are available in Spanish, French and English. In the event of a dispute as to their interpretation, the Spanish version shall prevail.
13.3. In the event of any dispute arising from the provision of the Service, and without prejudice to the mandatory rules of submission established by the law which, if applicable, may apply, KARIBOU and the User and/or Client expressly waive their right to any other jurisdiction to which they could be entitled and agree to submit to the Courts of Barcelona capital, Spain.