Komo Sports USA offer to its Users different web site functions and other products and services (the "KOMO Services" and, individually each of them, "KOMO Service"), whenever they visit or purchase through komosportsusa.com (the "Web"), when they use KOMO products or services, or when they use applications or any other software property of KOMO or related to its trademarks. KOMO lends to its Users KOMO Services under the terms and conditions stated on this Purchase Terms.
The mere use of the Web attributes the condition of “User” to the person using it which implies acceptance of all terms and conditions contained in this text.
Terms and Conditions for online shopping
These terms apply to: (i) the purchase of any product through the Web, and (ii) the use of any information, documents, graphics, films, features, music and /or any other Web services.
2. Ordering/shopping in the Web
2.1. Requirements for ordering/purchasing
To place an order via the Web, the User must:
Be 18 years or older.
Be a consumer, not a distributor.
2.2 How to order
If the User wants to purchase correctly through the Web he/she must complete the next simple steps:
Find and select the products that the User would like to purchase.
Choose the sizes and quantities the User would like to purchase.
Add selected products to the Web Cart/trolley.
Select a method of delivery for the products to be acquired.
Login or create a new non-transferable self User account.
Review all elements of the selected purchase.
Choose a form of payment for the purchase.
Place the order by clicking the tab "Submit order".
The order will be properly formalized when the User receives a confirmation email to the address provided.
The User is obliged to buy the requested products at the time he/she press the tab "Submit Order" at the end of the buying process. By clicking the "Submit order" tab, the order requested by the User is sent to KOMO´s system for processing. When the order is received an automatic confirmation of the order will appear on the Web including the order number and the details of the purchase. The purchase agreement between the User and KOMO is concluded as from that time.
KOMO will automatically send a copy of the confirmation of the order to the email address provided by the User. KOMO advises Users to print or download a copy of the confirmation of the order sent by KOMO, if needed for future reference. KOMO expressly reserves the right to refuse orders from Users or cancel purchase agreements, even after receipt of the order confirmation.
2.3 KOMO right to cancel purchases or to refuse orders
KOMO reserves the right to refuse any order or cancel any purchase, whatever reason. KOMO also reserves the right to cancel any purchase (including an order previously accepted by KOMO), without being responsible or liable for any damage or expenses, in the following situations:
The product the User claims to acquire is not available /or there is no stock (in which case the amount of the purchase will be refunded);
The billing information provided by the User is not correct or not verifiable;
The order placed by the User is indicated by KOMO´s security systems as an abnormal or susceptible to be fraudulent request;
KOMO does not receive payment of the order placed by the User by bank transfer within 10 days from acceptance of the order (if the User has chosen this method of payment);
KOMO has evidence or certainty that the User who submits the order is under 18;
KOMO has evidence or certainty that the User who submits the order is a Distributor;
KOMO detects an error in the price offered;
KOMO cannot for reasons beyond its control, make delivery of products purchased by the User at the address provided by the same.
2.4 Data Checkin
When the User sends a purchase order through the Web, KOMO can make some research before it process the order. Such research may include: the verification of the address of the User, checking the creditworthiness of the user and checking any possible fraud in the purchase requested by the User; , in relation to the last point, KOMO performs partially automatic research of all orders made by the Users, to filter those abnormal, suspicious or likely to be fraudulent. Purchase orders suspected fraud will be investigated and prosecuted legally. User agrees to these conditions at the time he/she formalizes the order.
Users may see the payment methods available for purchases via the Web once he/she is identified, and after review of the order that seeks to make. KOMO does not accept different payment methods to those in the "choose payment method" section of the Web, since the Web systems are not designed to process other payment methods. KOMO recommends not attempt to make the payment of any order by any other method than those indicated on the Web; if the User still makes a payment by another method, KOMO is not responsible for the loss of the amount paid or any damage resulting there from.
3.2 Payment Processing
Payments can only be processed if the billing information can be verified. If the User uses the method of payment with credit/debit card, the bank will deduct the amount of the purchase as the POS authorize the operation. If the User pays by bank transfer, KOMO will ship the order after receiving full payment of the purchase. The bank transfers may take several days to become effective in KOMO´s system. In case 10 days pass from the date the User placed the order without KOMO receiving the transfer, KOMO will cancel the order.
3.3 Property Clause
KOMO retains ownership of the goods until full payment has been received and has been delivered to the User.
3.4 Rates and Currency
The prices of the products indicated on the Web are in Euros and include taxes which are subject to the European Union. They do not include taxes which are subject of countries or territories outside the European Union. Freight rates are applied per order and are supplied by the "Agency of Transportation”, its amount will depend on the country of destination and type of service. If the currency of the User does not match the one in the prices of products on the Web and the user makes a purchase with his/her currency, the User bank that process the purchase order applies the exchange rate corresponding to the date of purchase. Should the bank apply the User a different exchange rate, then this question is beyond the control of KOMO.
3.5 Total amount
The total amount that appears in the "Payment Method Selection" screen includes tax and shipping. The final Price is also detailed in the order confirmation, which the User may print or download if he/she deems appropriated. If the User makes payment by credit/debit card, the total amount of the order will be reflected in the extract in the currency in which the payment was made. KOMO recommends the Users to send the exact amount specified in the order confirmation, at the same time KOMO recommends the User to perform individual transfers per order, including the unique reference number given in the confirmation of the order.
3.6 Price Changes
The prices of products that appear from time to time on the Web may be subject to changes. KOMO reserves the right of changing prices without notice. Pursuant to clause 3.7 below, the prices quoted at the time of purchase are valid for that purchase.
3.7 Pricing errors
Users should note that although KOMO has developed the Web with the greatest care and caution possible for failures beyond its control of KOMO, price information displayed on the Web may contain errors. KOMO is not required to keep its offers and reserves the right to cancel the purchase order if it has been an error in the prices information.
4. Order Security
The entity responsible for processing payments to KOMO uses the Web application security protocol SSL (Secure Socket Layers), one of the most powerful encryption platforms available today. The data of the credit card used by the User will be encrypted when the information is provided and until the transaction is processed. KOMO does not store this information on any server.
Despite the use of encryption security programs, KOMO cannot guarantee the security of information and payments transmitted via Internet or by email. KOMO will not be liable for any damages arise from the use of electronic media, including but not limited to, damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
5. Transportation and Delivery
5.1 Delivery: where and when
KOMO takes delivery of its products from Monday to Friday. KOMO does not deliver on certain holidays. KOMO can only process orders for addresses that are in any of the countries where the "Transportation Agency" hired by KOMO provide services.
5.2 Delivery times
Delivery time is the sum of the time of preparation of the order and the shipping transit time through the Transportation Agency. The estimated time for the preparation of orders is 24-48 hours depending on the time of receipt thereof in KOMO systems. To the time of preparation it must be added the time required by the Transportation Agency for delivery to the address stated in the order (transit time).
The Web informs the User the name of the Transportation Agency assigned, the type of service and the cost thereof. The transit time can be calculated on the website of the Transportation Agency. The User must remember that if he/she pays by bank transfer, the time until total payment of the purchase order is received by KOMO will be added to the delivery time, KOMO will not process the shipment until it has received the transfer for the total amount of the order. Bank transfers usually take 5 to 7 days to become effective. * KOMO attempt to make deliveries on time as far as possible. KOMO informs its Users that it often meets delivery forecasts, but cannot guarantee the timeliness of the same since that is beyond his reasonable control, and the responsibility rests on the transportation agency.
5.3 Delivery fractional
KOMO will attempt delivery of orders in one shipment whenever possible. KOMO reserves the right to split the delivery of orders if circumstances require, for example, if a part of an order is delayed or unavailable. Should KOMO have to split an order, it will first notify the User of its intention to do so, sending a message to the email address that the User has provided. In this case KOMO will not charge any extra shipping.
5.4 Checking for the shipment
KOMO recommends the User to check the condition of the packaging at the time of delivery of the order. If the packaging is damaged, KOMO recommends the User to not accept the delivery. In such cases, when the return is processed by KOMO, it will forward the request order without the User having to pay the shipping costs.
6. Returns and Cancellations
6.1 Cancellation of an order before being issued
The User can cancel orders without having to give any explanation as long as the order does not contain customized products and, whenever the order was not issued. If a User wants to cancel an order and the order meets the conditions above, he/she should contact KOMO´s call center or send an email to the customer service address that appears in the Web. When KOMO receives a cancellation request, it gives command to its warehouse to cancel the order. If the order is subject of cancellation, KOMO will send the User an e-mail confirming this cancellation, the cancellation will have no cost and if KOMO has charged the price of the order, it will be immediately returned to the User.
6.2 Returning products after being delivered - defective products
Users who place orders through the Web have the right to return products after delivery that are defective or does not correspond to the order. The User has a period of fourteen (14) calendar days from the date of delivery of the order to make complains to KOMO´s customer service. This term does not constitute a violation of the rights that the User has by law. If User´s claim is justified, KOMO will reimburse the User the amount of the order and the shipping charges or forward the correct order.
6.3 Return products after being delivery- for any reason
If for any reason the User is not satisfied with the products purchased, he/she has a repayment period of fourteen (14) calendar days from the date of delivery, provided that the products meet the following requirements:
the products have not been used or washed in any way (the User may try on clothes and shoes without making a sport use of them, or any other use different than the mere act of trying the clothes);
the product is in its original packaging and in good conditions (it will be considered shabby those packages that are broken or open somehow);
the product retains its original tags intact without manipulation;
the product is complete as, for example, returning the two elements of a pair.
More information about reimbursement conditions in Article 6.6 below.
6.4 Changing Products
KOMO currently does not enable the product change service, but makes available the service of returning products in the terms set out in Article 6.2 and 6.3 above. More information about reimbursement conditions in Article 6.6 below. If the User wants to acquire a product in a different color or size than the one purchased, he/she must process the return of such product and then make a new purchase order through the Web.
6.5 Return of Gifts
KOMO currently does not offer the return of gifts service to a person who has received the products as a gift. To return an item received as a gift, KOMO recommends that the recipient thereof, contacts the person who made the purchase and asks him/her to apply for return through the Web procedure, as indicated in section Return products after being delivery.
6.6 Information on refunds
If the User returns a defective product or some product that does not correspond to his/her order, KOMO will pay the shipping. If the User returns the product for other reasons, the User must meet the costs of return, in which case KOMO will not refund the shipping costs paid by the User at the beginning.
Refunds will be carried out in the same way the original payment was made. If the User has paid by bank transfer, he/she must provide his/her bank data to KOMO´s Customer Service. The User will receive a refund once the product has been returned. If the User has made payment by Domestic Maestro card, the User must have fill in the "issue number" or "date of issue" during the checkout process; otherwise KOMO will not process the return and ensure reimbursement of purchase.
7. Conditions for voucher codes (discounts)
When used in accordance with its terms and conditions, the promo code will allow the User get a unique discount on the purchase of a single product or more than one product during the time period specified in that order.
Promotional codes are personal and non-transferable, and can only be used for purchase online through the Web. The User holder of a coupon code may not sell exchange or give it to anyone. It is not permitted to disclose such promotional code by any method, through a website or other means of public offering, gift, sale or exchange websites or others. It is not permitted to use promotional codes for commercial purposes.
Promotional codes are linked to the brand KOMO. User may not use promotional codes with any other brand, company or name, since it is not allowed to make any illegal, improper or disrespectful manner use of the promotional code or in any other way damage the reputation of KOMO.
A promotional code can only be used to apply a discount on a particular product and for a single order. You cannot combine promotional codes with each other or with any other special offer or promotion.
It is not allowed to change the voucher codes for money.
Without affecting any other rights it may have KOMO , KOMO has the right to immediately cancel the promo code if it suspect it has been used or is capable of being used in violation of any of the conditions listed above or in any other incorrectly way, or whenever it deems appropriated.
The processing of all orders through the Web is subject to product availability. KOMO try to make their best efforts to ensure the availability of all products listed for sale on the Web. However, KOMO reserves the right to not accept any order or cancel confirmed orders, of products that there is no stock. In this case, KOMO will inform the user by email and KOMO will reimburse any payment the User has made.
9. Validity of Offers
Web offers are valid only at the time listed on the Web. KOMO has no obligation to respect any Web offers that contains typographical errors, price or any other type of failure. KOMO reserves the right to cancel any purchase made if such errors are detected.