Terms of Use and Purchase

This document (together with all documents mentioned herein) sets out the conditions governing the use of this website (www.kun-kay.com) and the purchase of products on it (hereinafter, the “Conditions”), regardless of the application, digital medium, support, or device through which it can be accessed. Please read these Conditions and our Privacy and Cookie Policy carefully, so if you do not agree with all the Conditions and the Privacy and Cookie Policy, you should not use this website.

If you have any questions related to the Conditions or the Privacy and Cookie Policy, you can contact us through our contact channels (by phone at 621240805 or by email at hello@kun-kay.com).

 

1. Preliminary information about the contractual process

This website www.kun-kay.com is owned by KAYKUN CARE, SL with CIF B-13643762, established indefinitely on April 13, 2023, by public deed authorized by Notary Mr. Francisco Javier Pajares Sánchez, Notary of the Illustrious College of Catalonia, registered in the Commercial Registry of Tarragona in Volume 3372, Folio 29, Sheet T-60382.

The General Terms and Conditions of Contract regulate the distance selling relationship between KAYKUN CARE, SL and the user or customer, in accordance with legal provisions, especially Law 7/1998, of April 13, on General Conditions of Contracting, Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 7/1996, of January 15, on Retail Trade Regulation, and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

KAYKUN CARE, SL reserves the right to make any modifications it deems appropriate, without prior notice, to the General Conditions. Such modifications may be made through its pages, by any legally admissible means, and will be binding while they remain published on the website and until validly modified by subsequent ones. However, KAYKUN CARE, SL reserves the right to apply, in certain cases, Particular Conditions of Contracting with preference over these General Conditions when deemed appropriate, announcing them in due time and form.

The purpose of the website is to advertise, offer, and sell all kinds of products for companion animals.

The duration of the contract will be linked to the delivery of the product without prejudice to the right of withdrawal.

As a user or customer, you expressly declare that you know, understand, and accept the terms of use and these general contracting conditions. Likewise, you declare to be of legal age and have the legal capacity and ability necessary to access the KAYKUN CARE, SL websites and contract through them.

 

2. Use of our website

By using this website and placing orders through it, you agree to:

  • Use this website only to make legally valid inquiries or orders.
  • Not place any false or fraudulent orders. If it is reasonably considered that such an order has been made, we will be authorized to cancel it and inform the relevant authorities.
  • Provide us with your email address, postal address, and/or other contact details truthfully and accurately. You also consent that we may use such information to contact you if necessary (see our Privacy Policy).

If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter into contracts.

 

3. Offer and validity

In the case of a product on offer, the offer price and its validity will always be indicated alongside its essential characteristics.

In compliance with current regulations, KAYKUN CARE, SL provides information about all products for sale, their characteristics, and prices. However, KAYKUN CARE, SL reserves the right to withdraw, replace, or change the products offered through its website by simply changing its content. Thus, the products offered at any given time on the website will be governed by the General Conditions of Contracting in force at that time. Likewise, the company may stop offering access to the mentioned products at any time without prior notice.

 

4. Essential characteristics of the products

We pay great attention to information related to product characteristics through technical descriptions, ingredient lists, usage instructions, and photographs illustrating the products. All this is done within the limits of technology and respecting the best market standards.

For any questions and/or inquiries, the customer can contact us via email at hello@kun-kay.com.

 

5. How to place an order

To place an order, you must follow the online purchase procedure and click on “Authorize payment.” After this, you will receive an informative email acknowledging receipt of your order request (the “Order Receipt”). In a subsequent email, your order will be confirmed, at which point payment will be processed (the “Order Confirmation”). We will also inform you by email that the product is being shipped (the “Shipping Confirmation”).

 

6. Technical means to correct errors

If you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the “My Account” section.

In any case, you can correct errors related to personal data provided during the purchase process by contacting customer service by phone at 621240805 or by email at hello@kun-kay.com, as well as exercise the right of rectification contemplated in our Privacy and Cookie Policy through the same email.

This website shows confirmation windows in various sections of the purchase process that do not allow proceeding with the order if the data in these sections have not been provided correctly. Likewise, this website offers details of all items you have added to your cart during the purchase process, so before making the payment, you can modify your order data.

If you detect an error in your order after completing the payment process, you must immediately contact our customer service by phone or email, as mentioned above, to correct the error, and always before the order confirmation email is sent (the “Order Confirmation”). Once the order confirmation email has been sent, no changes can be made.

 

7. Prices

Products will be sold at the price indicated, with the price valid at the time of order confirmation by the customer. All products indicate the sale price in Euros and include Value Added Tax (VAT), but exclude shipping costs, which will vary depending on the number of products purchased and the delivery area. Shipping costs will be added to the total amount due if the minimum purchase amount specified on the website is not exceeded.

In accordance with Article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of items will be considered located in the Spanish VAT territory if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally applicable one at each time depending on the specific article.

You expressly authorize us to issue the invoice in electronic format, although you may indicate at any time your wish to receive a paper invoice, in which case we will issue and send the invoice in that format.

Prices may change at any time, but (except as stated above) possible changes will not affect orders for which we have already sent an Order Confirmation.

 

8. Shipping costs

KAYKUN CARE, SL only ships within Spain (excluding the Canary Islands, Ceuta, and Melilla):

Zone Rate Transit time Free shipping

 

Pet Lover

 Free Vet shipping
Spain (peninsula) €6.87 24/48 h >€30 >€80
Balearic Islands €8.94 48 h >€45 >€110

 

If you wish to place an order from another country, of course, you can do so; contact us (by email at hello@kun-kay.com or by phone at +0034 621 24 08 05) and we will inform you about the shipping costs.

 

9. Payment methods and order execution

Once you have selected all the items you want to buy, they will have been added to your cart, and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Also, during the purchase process, before making the payment, you can modify your order data. Additionally, if you are a registered user, you have a detail of all orders made in the My Account section.

The customer may pay the amount of their order by choosing any of the following methods. During the purchase process, you must indicate your choice:

  • VISA or MASTERCARD credit or debit card
    • All operations involving the transmission of personal or banking data are carried out using a secure environment, a server based on standard SSL (Secure Sockets Layer) security technology. All information you transmit to us travels encrypted over the network.
    • Also, credit card data is entered directly into Redsys (payment gateway) and is not entered or stored on any KAYKUN CARE, SL server.
    • When paying with VISA, VISA Electron, or MASTERCARD, you will always be asked for the following data: card number, expiration date, and a Validation Code that matches the last three digits of the number printed or italicized on the back of your VISA, VISA Electron, or MASTERCARD card, thus offering more guarantees about the security of the transaction. This payment method is valid only on the website.
    • If the amount of a purchase has been fraudulently or improperly charged using a payment card number, its holder may demand the immediate cancellation of the charge. In such case, the corresponding debit and credit entries in the accounts of the supplier and the holder will be made as soon as possible.
  • Paypal
    • Allows sending payments on the Internet securely and conveniently. The PayPal network is based on the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. PayPal offers a service especially designed for those who are not satisfied with traditional payment mechanisms.
    • More information at PayPal. http://www.paypal.com

 

By clicking “Authorize Payment” you confirm that the credit card is yours.

To minimize the risk of unauthorized access, your credit card data will be encrypted. Credit cards will be subject to checks and authorizations by the issuing entity, but if such entity does not authorize the payment, we will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with you.

 

10. Product availability

The availability of products offered by KAYKUN CARE, SL may vary depending on customer demand. Although KAYKUN CARE, SL updates stock periodically, the product requested by the customer may be out of stock at that time. In case of non-execution due to unavailability, KAYKUN CARE, SL will notify the customer by email as soon as it becomes aware of this situation. This communication period will not exceed 30 days. KAYKUN CARE, SL may offer the customer the double option of: supplying the customer without price increase a product of similar or superior quality, or, except for justified and demonstrable reasons by KAYKUN CARE, SL, within this same period, refunding the amounts paid for the canceled order.

Order delivery

We understand that as a customer you expect to receive your order as soon as possible, so we work to deliver your order as soon as possible with 24/48 business hours deliveries on the Peninsula. However, launch periods, promotions, campaigns, or holidays are excluded, during which these deadlines are not guaranteed.

If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note, in any case, that we do not make home deliveries on Saturdays or Sundays.

To know when your order is shipped, keep an eye on your email inbox. We will send you a shipping confirmation of your order and you will also receive an SMS from the logistics company indicating the estimated delivery date. If you place the order on a business day before 11 a.m., you could receive it the next business day; otherwise, the deadline is extended by one more day. On weekends or holidays, shipments are managed on the next business day.

KAYKUN CARE, SL assumes no responsibility when the delivery of the Product is not made because the data provided by the User is false, inaccurate, or incomplete or when delivery cannot be made due to causes beyond the shipping company assigned for this purpose, such as the User’s absence.

For the purposes of these Conditions, “delivery” or “delivered” will be understood as the moment you acquire physical possession of the products, which will be evidenced by signing the receipt of the order at the agreed delivery address.

10.1 How does shipping work and what to do if I am absent from my home on the delivery day?

A first delivery will be made to the indicated shipping address, and if you are absent at the time of delivery, the local delivery office will try to contact you to arrange a second delivery. If you are also absent on the second delivery, the order will remain at the local office for you to pick it up at the agency. If for some reason they have not been able to contact you to arrange delivery, you can write to us at hello@kun-kay.com so we can provide you with contact information or assist you as needed.

If 14 days have passed since your order has been available for delivery and the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and will consider it terminated. As a result of the contract termination, we will refund all payments received from you, excluding delivery costs without undue delay and, in any case, within a maximum period of 14 days from the date we consider the contract terminated. Please note that transportation resulting from the termination may have an additional cost, so we will be authorized to pass on the corresponding costs to you.

10.2 Can I pick up my order at a Kunkay Vet Network branch or pickup point?

Yes! You can select this type of shipping (“Pickup point”) and we recommend it, as you save shipping costs and have the flexibility to pick it up at the time that suits you best within the indicated time slot of each respective veterinary center.

To this end, once the order has been prepared, we will contact you to inform you that it is available for pickup. If you have chosen this delivery method, you or another person may pick up the order personally by presenting the order number. Pickup must be made within a maximum period of 7 days. In any case, it will be understood that the product delivery has been made after 7 days from when the product is available for pickup at the chosen pickup point, for all purposes and for the calculation of the withdrawal period.

If you make a purchase through the “Pickup point” shipping service, these conditions will also apply, without prejudice to any other regulations that may apply.

10.3 How can I track my shipment?

You can track your shipment using the link you will find in the email confirming the shipment of your order. If you prefer, you can track it using a tool you will find in the SMS sent by the logistics company.

10.4 Can I receive my order in the time slot of my choice?

You can leave your preferences about the delivery time in the comments box for the carrier that you will find before completing your order. Although we know they try to deliver within the specified time, it may be difficult depending on the carrier’s route. Don’t worry! Also, if you prefer, you can select a pickup point and pick up your order whenever you want.

10.5 What happens if my delivery address is incorrect?

We recommend that you review the address indicated when placing your orders to ensure the data is correct and complete, as it is not possible to change the address once the shipment has been made without incurring an additional shipping cost. If you detect any incorrect data, please contact us as soon as possible at hello@kun-kay.com. This management may also increase the delivery delay by 24 to 48 hours. Don’t forget to carefully check all fields!

10.6 Holidays

Non-working days at our logistics center for the year 2020. On these days, orders are not prepared, so orders are delayed to the next working day. We apologize for the inconvenience:

Saturdays and Sundays

January: 1 and 6
April: 10 and 13
May: 1
June: 24
August: 15
September: 11
October: 12
November: 1
December: 6, 8, 25, and 26

 

11. Pre-sale of items

If you purchase pre-sale items, they will be delivered to the address you selected within the deadlines indicated on our website.

Please note that some of these items are subject to longer delivery times, which will be shown on the website and, in any case, will be delivered within a maximum period of 30 days from the date of Order Confirmation.

In the case of mixed orders consisting of products from the regular purchase process and pre-sale products (“Mixed Orders”), the items will have been ordered by you in the same order but may be delivered separately and at different times.

Once the pre-sale products have been prepared, we will contact you to inform you that they are being shipped (“Shipping Confirmation”).

If you purchase a pre-sale product, all provisions contained in these Conditions will also apply to you.

 

12. Transfer of risk and ownership

The risks of the products will be yours from the moment of delivery.

You will acquire ownership of the products at the time of delivery (as defined in clause 11 above).

 

13. Warranties

The reported functionality of the product is based on scientific studies related to the composition of each active ingredient. However, KAYKUN CARE, SL does not guarantee the effectiveness and result of the products in each particular case. Sometimes, products may require complementary treatments to resolve the problem.

Follow exactly the product administration instructions contained on the label. KAYKUN CARE, SL is not responsible for the product’s effectiveness or side effects when the product is used for purposes other than those indicated, supplied at a different or higher dose than indicated, or if the product is administered after the preferred use date.

If you need advice or more information, consult your veterinarian or contact us at hello@kun-kay.com.

 

14. Right of withdrawal, returns, and claims

14.1 Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without any justification.

The withdrawal period will expire 14 calendar days after the day you acquired physical possession of the goods or, if the goods that make up your order are delivered separately, 14 calendar days after the day you acquired physical possession of the last of those goods (with the particularities related to product delivery provided in point 10.2).

To exercise the right of withdrawal, you must notify us by email at hello@kun-kay.com of your decision to withdraw from the contract through an unequivocal statement (for example, a letter) or through the withdrawal form that you can request from us, although it is not mandatory. To meet the withdrawal deadline, it is enough that the communication concerning the exercise of this right is sent before the deadline expires.

14.2 Consequences of withdrawal

In case of withdrawal by you, we will refund all payments received from you, excluding delivery and return costs, without undue delay and, in any case, no later than 14 calendar days from the date we are informed of your decision to withdraw from this contract. We will make such reimbursement using the same means of payment used by you for the initial transaction, unless you expressly indicate otherwise, specifying the payment method through which you wish us to make the refund. You will not incur any costs as a result of the reimbursement. However, we may withhold the reimbursement until we have received the goods back or you have provided proof of their return, whichever occurs first.

You must return or hand over the products to us directly through a courier without undue delay and, in any case, within 14 calendar days from the date you notify us of your decision to withdraw from the contract. The deadline is met if you send back the goods before the period expires. You must bear the direct cost of returning the products. Please note that if you decide to return the items with postage due, we will be authorized to charge you for the costs we may incur.

You will only be responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

14.3 Common provisions

You will not have the right to withdraw from the contract whose object is the supply of any of the following products:

  • Personalized items.
  • Sealed goods for health or hygiene reasons that have been unsealed after delivery.

Your right to withdraw from the contract will apply exclusively to those products returned in the same condition in which you received them. No refund will be made if the product has been used or if the product is not in the same condition as delivered or has suffered any damage, so you must be careful with the product(s) while in your possession. Please return the item using or including all its original packaging, instructions, and other accompanying documents, if any.

After examining the item, we will inform you if you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and, in any case, within 14 days from the date you informed us of your intention to withdraw. However, we may withhold the refund until we have received the goods. The refund will always be made using the same payment method you used to pay for the purchase. You will bear the cost and risk of returning the products, as indicated above. If you have any questions, you can contact us through our contact channels or by calling 621240805.

Please note that, once the order has been delivered, if you exercise the legal or contractual right of withdrawal and you organize the return transport, we cannot assume the risk for the return package when it refers to causes not attributable to KAYKUN CARE, SL.

Likewise, remember that you will be responsible for the contents of the return package. If there is an error in the contents of the return package not attributable to KAYKUN CARE, SL, we will be authorized to charge you the corresponding costs if it is possible to manage the return of the package to your attention.

In any case, rights and actions recognized by current legislation are reserved.

14.4 Returns of defective products

If you consider that the product does not conform to the contract at the time of delivery, you must contact us immediately through our contact channels providing product details as well as the damage or defect it suffers, or by calling 621240805 where we will indicate how to proceed.

You can deliver the product to a courier we will send to your home upon requesting pickup.

We will carefully examine the returned product and inform you by email within a reasonable period if a refund or replacement is appropriate (if applicable). The refund or replacement will be made as soon as possible and, in any case, within 14 days following the date we send you an email confirming the refund or replacement of the non-conforming item.

Amounts paid for products returned due to a defect, when it actually exists, will be fully refunded, including delivery costs incurred to deliver the item and costs you incurred to return it to us. The refund will be made using the same payment method used to pay for the purchase.

In any case, rights recognized by current legislation are reserved.

 

15. Liability and disclaimer

Unless expressly stated otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of such product.

However, and unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their origin:

  1. Loss of income or sales;
  2. Loss of business;
  3. Loss of profits or loss of contracts;
  4. Loss of expected savings;
  5. Loss of data; and
  6. Loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise.

 

16. Copyright | Industrial and intellectual property

You acknowledge and agree that all copyright, trademarks, and other industrial and intellectual property rights (illustrations, texts, names, images, and videos) on the materials or content provided as part of the website belong to KAYKUN CARE, SL or those who granted us a license to use them. You may use such material only as expressly authorized by us or those who granted us a license. This does not prevent you from using this website as necessary to copy information about your order or contact details. Any misuse may be legally prosecuted.

 

17. Viruses, hacking, and other cyberattacks

You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs, or any other technologically harmful or damaging programs or material. You must not attempt to gain unauthorized access to this website, the server on which it is hosted, or any server, computer, or database connected to our website. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause may result in offenses under applicable law. We will report any such breaches to the competent authorities and cooperate with them to identify the attacker. Also, in case of breach of this clause, you will immediately lose authorization to use this website.

We will not be liable for any damage or loss resulting from a denial-of-service attack, virus, or any other technologically harmful or damaging program or material that may affect your computer, equipment, data, or materials as a result of using this website or downloading content from it or redirected by it.

 

18. Links from our website

If our website contains links to other websites and third-party materials, such links are provided for informational purposes only, and we have no control over the content of such websites or materials. Therefore, we accept no liability for any damage or loss arising from their use.

 

19. Communications in writing

Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you consent to using this electronic means of communication and acknowledge that all contracts, notices, information, and other communications we send you electronically meet the legal requirements of being in writing. This condition does not affect your rights recognized by law.

 

20. Notifications

Notifications you send us must be sent through our email address hello@kun-kay.com. According to clause 20 above and unless otherwise stipulated, we may send communications either to the email or postal address provided by you when placing an order.

Notifications will be deemed received and properly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was properly stamped, and was duly delivered to the post office or mailbox, and, in the case of an email, that it was sent to the email address specified by the recipient.

 

21. Events beyond our control

We will not be liable for any failure or delay in fulfilling any of the obligations assumed when due to events beyond our reasonable control (“Force Majeure Causes”).

Force Majeure Causes will include any act, event, failure to act, omission, or accident beyond our reasonable control, including but not limited to the following:

  1. Strikes, lockouts, or other industrial actions.
  2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or war preparations.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
  4. Inability to use trains, ships, planes, motor transport, or other public or private means of transport.
  5. Inability to use public or private telecommunications systems.
  6. Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

Obligations will be suspended during the period the Force Majeure Cause continues, and we will have an extension of the deadline to fulfill such obligations for a period equal to the duration of the Force Majeure Cause. We will use all reasonable means to end the Force Majeure Cause or find a solution that allows us to fulfill our obligations despite the Force Majeure Cause.

 

22. Entire agreement

These Conditions and any document expressly referred to in them constitute the entire agreement between you and us regarding their subject matter and supersede any other agreement, pact, or promise previously agreed between you and us verbally or in writing.

You and we acknowledge having consented to the contract without relying on any statement or promise made by the other party or inferred from any statement or writing in negotiations prior to it, except as expressly mentioned in these Conditions.

Neither you nor we will have any action against any untrue statement made by the other party, verbal or written, prior to the date of a contract (unless such untrue statement was made fraudulently), and the only action available to the other party will be for breach of contract under these Conditions.

 

23. Our right to modify these conditions

We reserve the right to modify the Terms and Conditions. The modifications introduced will not have retroactive effect.

If you do not agree with the modifications introduced, we recommend not using our website.

 

24. Jurisdiction

Likewise, KAYKUN CARE, SL reserves the right to bring civil or criminal actions it deems appropriate for misuse of its website and contents or for breach of these conditions.

The relationship between the user and the provider will be governed by the laws in force and applicable in Spanish territory. Any dispute arising from or related to the use of the website or such contracts will be submitted to the non-exclusive jurisdiction of Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights recognized to you by applicable law.

 

25. Comments, suggestions, complaints, and claims

Your comments and suggestions are welcome. Please send such comments and suggestions, as well as any inquiries, complaints, or claims, through our contact channels or the postal or email address indicated above. Additionally, we have official complaint forms available to consumers and users. You can request them by calling 621240805 through our contact channels.

Your complaints and claims to our customer service will be addressed as soon as possible and, in any case, within the legally established period.

If you, as a consumer, consider that your rights have been violated, you can send us your complaints via email hello@kun-kay.com to request an out-of-court dispute resolution.

In this regard, if the acquisition between you and us has been made online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request with us an out-of-court dispute resolution in consumer matters accessible through the internet address http://ec.europa.eu/consumers/odr/