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TERMS AND CONDITIONS
DEFINITIONS
KINÁLY – is the trade name of BUILD QUIT STRENGTH S.R.L., a legal entity of Romanian nationality, with its registered office at:
BUILD QUIT STRENGTH S.R.L.
Aleea PANTELIMON, Nr. 6, Bl. 8, Scara 1, Etaj 3, Ap. 29
077190 Bucureşti Sectorul 2
Romania
Website: https://kinaly.eu
Seller – KINÁLY
Buyer – a natural person who places an Order on the Site.
Client – a natural person who has or obtains access to the CONTENT by any means of communication provided by KINÁLY (electronic, telephone, etc.) and who purchases or intends to purchase Goods or Services from the Site.
User – any natural or legal person who accesses or uses the Site.
Site – https://kinaly.eu/ and all its subdomains.
Order – an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer sends the Seller, via the Site, the intention to purchase Goods and/or Services.
Goods and Services – any product or service offered for sale by the Seller through the Site.
Campaign – the commercial promotion of a limited number of Goods and/or Services for a limited period of time.
Contract – the distance contract concluded between the Seller and the Buyer without the simultaneous physical presence of both parties.
Content – all information available on the Site, including text, graphics, photographs, videos, logos, trademarks, descriptions, newsletters, and any information transmitted by KINÁLY to Users or Buyers.
Review – a written evaluation submitted by a Buyer based on their personal experience with a purchased product.
Rating – a score from one to five stars expressing the Buyer's satisfaction with a product.
Comment – an observation or opinion regarding a Review or another Comment.
Question – a request for information regarding a product or service.
Response – information provided by KINÁLY or another User in response to a Question.
Document – these Terms and Conditions.
Newsletter – electronic commercial communications sent by email regarding products, promotions and campaigns carried out by KINÁLY.
Transaction – the collection or refund of an amount resulting from the sale of Goods and/or Services using the payment processor agreed by the Seller (Stripe).
1. CONTRACTUAL DOCUMENTS
1.1.
By placing an Order on the Site, the Buyer agrees to communicate with the Seller by email or telephone regarding the Order.
1.2.
Notifications received after placing an Order are informational and do not constitute acceptance of the Order.
1.3.
For justified reasons, the Seller reserves the right to modify the quantity of Goods and/or Services in an Order. If this occurs, the Buyer will be informed and any amount paid for unavailable products will be refunded.
1.4.
The Contract is considered concluded when the Buyer receives the Order shipment confirmation by email.
(убрал SMS)
1.5.
The Contract consists of these Terms and Conditions together with any documents issued by the Seller relating to the purchased Goods.
2. ONLINE SALES POLICY
2.1.
Access to place an Order is available to any Client or Buyer.
For justified reasons, KINÁLY reserves the right to restrict access to placing Orders or certain payment methods where fraudulent or abusive activity is suspected.
The Client may contact KINÁLY using the contact details available on the Site for additional information.
2.2.
In the event of unusually high traffic, KINÁLY may require CAPTCHA verification to protect the integrity and security of the Site.
2.3.
KINÁLY may publish information regarding Goods, Services and promotional campaigns available for limited periods and while stocks last.
2.4.
All prices displayed on the Site are shown in the selected website currency and include VAT where applicable.
2.5.
For online payments, the Seller cannot be held responsible for any currency conversion fees or bank commissions charged by the Buyer's payment provider.
2.6.
Images, videos and descriptions published on the Site are presented for informational purposes only and do not constitute contractual obligations.
2.7.
After purchasing a product, the Buyer may receive an invitation by email to leave a Review regarding the purchased Goods.
3. ASSIGNMENT AND SUBCONTRACTING
3.1. The Seller may assign and/or subcontract third parties for services related to fulfilling the Order without requiring the Buyer's prior consent. The Seller remains fully responsible for fulfilling all contractual obligations towards the Buyer.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. All Content available on the Site, including but not limited to trademarks, logos, designs, graphics, photographs, videos, text, product descriptions and any other materials, is the exclusive property of KINÁLY or its licensors and is protected by applicable intellectual property laws.
4.2. The Client/User/Buyer may not copy, distribute, publish, reproduce, modify, transmit, sell, license, publicly display or otherwise use any Content from the Site without the Seller's prior written consent.
4.3. Any Content accessed by the Client/User/Buyer remains subject to these Terms and Conditions unless otherwise governed by a separate written agreement.
4.4. Content may only be used for personal, non-commercial purposes and only in compliance with these Terms and Conditions.
4.5. Where KINÁLY expressly grants permission to use specific Content, such permission applies only to the particular Content described and only under the conditions communicated by KINÁLY.
4.6. No Content transmitted by email, telephone or any other communication method constitutes a contractual obligation of KINÁLY beyond the applicable legal obligations.
4.7. Any use of the Content outside the rights expressly granted in these Terms and Conditions is prohibited.
5. ORDERS
5.1. The Buyer may place Orders through the Site by adding Goods to the shopping cart and completing the checkout process. Adding products to the cart does not reserve the products or create an Order.
5.2. By placing an Order, the Buyer confirms that all information provided is complete, accurate and up to date.
5.3. By placing an Order, the Buyer agrees that KINÁLY may contact them by email or telephone whenever necessary regarding the Order.
5.4. The Seller reserves the right to cancel an Order after informing the Buyer in the following situations:
5.4.1. the payment transaction is declined by the Buyer's bank;
5.4.2. the payment transaction is rejected or cancelled by Stripe or another authorized payment provider;
5.4.3. the information provided by the Buyer is incomplete, incorrect or fraudulent.
5.5. Consumers have the right to withdraw from the Contract within 14 calendar days from receiving the Goods, in accordance with applicable European and Romanian consumer protection legislation.
The withdrawal period expires within 14 calendar days from:
the day the Buyer receives the Goods;
where multiple Goods are delivered separately, the day the Buyer receives the final item;
where Goods consist of multiple parts, the day the Buyer receives the final part.
5.6. If the Buyer wishes to exercise the right of withdrawal, they must submit a return request using the return procedure available on the Site or by contacting:
info@kinaly.eu
5.7. If the Buyer withdraws from the Contract, any promotional gifts received together with the returned products must also be returned.
Refunds will be processed within 14 calendar days after receiving the returned Goods or proof that they have been shipped, whichever occurs first.
Refunds will be made using the original payment method whenever possible.
5.8. The Seller may postpone the refund until the returned Goods have been received or until the Buyer provides proof of shipment.
5.9. If a product cannot be supplied, the Buyer will be informed and any payment received will be refunded within 7 calendar days.
5.10. Product availability may be displayed as:
In Stock – available for immediate shipment.
Limited Stock – limited quantity available.
Pre-Order – temporarily unavailable but available for future delivery.
Out of Stock – currently unavailable.
7. GOODS / SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL DOES NOT APPLY
7.1. In accordance with applicable consumer protection legislation, the right of withdrawal does not apply to:
7.1.1. services that have been fully performed where performance began with the Buyer's prior express consent and acknowledgment that the right of withdrawal would be lost upon full performance;
7.1.2. Goods or services whose price depends on fluctuations in the financial market beyond the Seller's control;
7.1.3. Goods manufactured according to the Buyer's specifications or clearly personalized;
7.1.4. Goods liable to deteriorate or expire rapidly;
7.1.5. Sealed Goods that are not suitable for return due to health protection or hygiene reasons if unsealed after delivery, including but not limited to underwear, swimwear and similar products;
7.1.6. Goods which, after delivery, have become inseparably mixed with other items.
8. CONFIDENTIALITY
8.1. KINÁLY will treat all information provided by Clients and Buyers as confidential and will process it in accordance with applicable data protection legislation and the Privacy Policy.
8.2. The Buyer may not publish or disclose information regarding Orders or contractual relations with KINÁLY without the Seller's prior written consent, except where disclosure is required by law.
8.3. By submitting reviews, comments, photographs or other materials through the Site, the Buyer grants KINÁLY a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, modify and display such content for the purpose of operating, promoting and improving the Site and its services.
The Buyer confirms that they own the necessary rights to the submitted content.
8.4. Personal data provided by Clients and Buyers will be processed exclusively in accordance with the Privacy Policy available on the Site.
9. MARKETING COMMUNICATIONS
9.1. Marketing emails may be sent using trusted third-party email service providers acting on behalf of KINÁLY and in accordance with applicable data protection legislation.
9.2. Customers may subscribe to receive promotional emails containing information about:
new collections;
promotions;
exclusive offers;
seasonal campaigns;
product recommendations;
company news.
Subscription is entirely voluntary.
Customers may withdraw their consent at any time by:
clicking the Unsubscribe link included in any marketing email; or
contacting info@kinaly.eu.
9.3. Unsubscribing from marketing emails does not affect communications relating to existing Orders, Returns, Refunds or other contractual obligations.
10. INVOICING & PAYMENT
10.1. All prices displayed on https://kinaly.eu/ include VAT where applicable.
10.2. The applicable price, payment method and total amount payable are displayed during checkout before the Buyer confirms the Order.
10.3. An electronic invoice will be issued for each completed Order in accordance with applicable tax legislation.
The invoice will be sent electronically to the email address provided during checkout.
10.4. The Buyer is responsible for providing accurate invoicing information.
10.5. Payments are processed securely through Stripe.
KINÁLY does not store complete payment card information.
10.6. Payment card information is processed exclusively by Stripe and authorized financial institutions using industry-standard encryption technologies.
10.7. For security reasons, KINÁLY may request additional verification before accepting certain transactions where fraud prevention measures require it.
10.8. Buyers are responsible for ensuring that the payment information provided during checkout is accurate and that they are authorized to use the selected payment method.
11. DELIVERY OF GOODS
11.1. The Seller undertakes to deliver the Goods to the Buyer through authorized courier services to the delivery address specified in the Order.
11.2. KINÁLY will ensure that the Goods are properly packaged and accompanied by all documents required under applicable law.
11.3. Delivery times displayed on the Site are estimates only and may vary depending on product availability, destination, customs procedures, courier operations or circumstances beyond the Seller's reasonable control.
11.4. Risk of loss or damage to the Goods passes to the Buyer upon delivery of the Goods to the delivery address specified in the Order.
11.5. The Buyer is responsible for providing accurate delivery information. KINÁLY shall not be liable for delays or failed deliveries caused by incorrect or incomplete delivery information.
12. WARRANTIES
12.1. All Goods sold through KINÁLY benefit from the legal warranties provided by applicable consumer protection legislation.
12.2. Where applicable, additional commercial warranties offered by the manufacturer will accompany the Goods and will not affect the Buyer's statutory rights.
12.3. Warranty claims shall be handled in accordance with applicable law and the warranty conditions accompanying the relevant product.
12.4. The Buyer should retain proof of purchase for any warranty claim.
13. TRANSFER OF OWNERSHIP
13.1. Ownership of the Goods transfers to the Buyer upon full payment of the Order and delivery of the Goods to the address indicated by the Buyer.
14. LIABILITY
14.1. KINÁLY shall not be liable for indirect, incidental or consequential damages arising from the use of the Goods, except where liability cannot be excluded under applicable law.
14.2. The Buyer is responsible for providing accurate information when placing an Order and for ensuring that the delivery details are correct.
14.3. The Buyer agrees to use the Site only for lawful purposes and in accordance with these Terms and Conditions.
14.4. KINÁLY shall not be liable for delays or failure to perform caused by circumstances beyond its reasonable control, including force majeure events.
14.5. Nothing in these Terms excludes or limits liability where such limitation is prohibited by applicable law.
15. CHANGES TO THE TERMS AND CONDITIONS
15.1. KINÁLY reserves the right to modify these Terms and Conditions at any time.
15.2. Any updated version will become effective immediately upon publication on https://kinaly.eu/ unless otherwise required by applicable law.
15.3. Continued use of the Site after publication of updated Terms constitutes acceptance of those changes.
16. FORCE MAJEURE
16.1. Neither party shall be liable for any delay or failure to perform its contractual obligations where such delay or failure results from an event beyond its reasonable control, including but not limited to natural disasters, war, strikes, governmental actions, pandemics, interruption of telecommunications, or other force majeure events.
16.2. If the force majeure event continues for more than fifteen (15) consecutive days, either party may terminate the Contract without liability.
17. APPLICABLE LAW AND JURISDICTION
17.1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Romania.
17.2. Any dispute arising out of or relating to these Terms and Conditions shall first be resolved amicably.
17.3. If an amicable solution cannot be reached, the dispute shall be submitted to the competent courts of Romania in accordance with applicable law.
18. PROCESSING OF PERSONAL DATA
18.1. The processing of personal data is governed by the Privacy Policy, which forms an integral part of these Terms and Conditions.
19. COOKIES
19.1. The use of cookies on the Site is governed by the Cookie Policy, which forms an integral part of these Terms and Conditions.
20. ORDERS PLACED BY LEGAL ENTITIES
20.1. Orders placed by legal entities are subject to these Terms and Conditions unless otherwise agreed in writing between the parties.
20.2. VAT invoices for legal entities are issued electronically using the invoicing details provided during checkout.
20.3. Where applicable under Romanian and European legislation, refunds for legal entities will be processed using the same payment method used for the original transaction or by bank transfer, unless otherwise agreed in writing.
21. PRODUCT RETURN POLICY
21.1. Customers have the right to return eligible products within 14 calendar days from the date of delivery in accordance with applicable consumer protection legislation.
21.2. Returned products must:
be unused;
be clean and undamaged;
include all original labels and tags;
be returned, where reasonably possible, in their original packaging;
include all accessories supplied with the product.
21.3. KINÁLY reserves the right to refuse a return or reduce the refundable amount where the returned product shows signs of use beyond what is necessary to determine its nature, characteristics or functioning, as permitted by applicable law.
Returns may be refused or partially refunded where, for example:
products have been worn or damaged;
products have unpleasant odors;
security seals or labels have been removed;
products are returned without essential accessories;
products are inadequately packaged and are damaged during return transport.
21.4. Products that cannot be returned for hygiene or health protection reasons, including underwear, swimwear or similar sealed products that have been unsealed after delivery, are not eligible for return unless required by applicable law.
21.5. Customized or personalized products manufactured according to the Buyer's specifications cannot be returned except where required by law.
21.6. The direct cost of returning Goods is borne by the Buyer unless:
the wrong product was delivered;
the product is defective;
the return is required due to an error attributable to KINÁLY.
21.7. Returned products should be securely packaged to prevent damage during transport.
21.8. Refunds will be issued within 14 calendar days after the returned Goods have been received and inspected or after the Buyer provides proof that the Goods have been returned, whichever occurs first.
21.9. Refunds will be made using the same payment method used for the original purchase unless another method has been expressly agreed.
21.10. If a returned product does not comply with this Return Policy, KINÁLY reserves the right to reduce the refundable amount where permitted by applicable law or refuse the return.
21.11. To initiate a return, the Buyer should contact:
Email: info@kinaly.eu
or follow the return instructions available on:
https://kinaly.eu/
21.12. KINÁLY does not accept parcels sent with cash on delivery (COD).
21.13. The Buyer is responsible for ensuring that returned Goods are properly packaged to prevent damage during transportation.
21.14. Where permitted by law, KINÁLY reserves the right not to accept returns of Goods that:
cannot be returned for hygiene reasons;
have deteriorated due to improper handling by the Buyer;
have been customized or personalized;
are otherwise exempt from the right of withdrawal under applicable legislation.
Applicable legislation
These Terms and Conditions are governed by, among others:
Regulation (EU) 2016/679 (GDPR);
Directive 2011/83/EU on Consumer Rights;
Romanian Emergency Ordinance No. 34/2014 regarding consumer rights in contracts concluded with professionals;
Romanian Fiscal Code and other applicable Romanian legislation.
Contact
KINÁLY
BUILD QUIT STRENGTH S.R.L.
Aleea PANTELIMON, Nr. 6, Bl. 8, Scara 1, Etaj 3, Ap. 29
077190 Bucureşti Sectorul 2
Romania
Website: https://kinaly.eu/
Email: info@kinaly.eu
KINÁLY – is the trade name of BUILD QUIT STRENGTH S.R.L., a legal entity of Romanian nationality, with its registered office at:
BUILD QUIT STRENGTH S.R.L.
Aleea PANTELIMON, Nr. 6, Bl. 8, Scara 1, Etaj 3, Ap. 29
077190 Bucureşti Sectorul 2
Romania
Website: https://kinaly.eu
Seller – KINÁLY
Buyer – a natural person who places an Order on the Site.
Client – a natural person who has or obtains access to the CONTENT by any means of communication provided by KINÁLY (electronic, telephone, etc.) and who purchases or intends to purchase Goods or Services from the Site.
User – any natural or legal person who accesses or uses the Site.
Site – https://kinaly.eu/ and all its subdomains.
Order – an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer sends the Seller, via the Site, the intention to purchase Goods and/or Services.
Goods and Services – any product or service offered for sale by the Seller through the Site.
Campaign – the commercial promotion of a limited number of Goods and/or Services for a limited period of time.
Contract – the distance contract concluded between the Seller and the Buyer without the simultaneous physical presence of both parties.
Content – all information available on the Site, including text, graphics, photographs, videos, logos, trademarks, descriptions, newsletters, and any information transmitted by KINÁLY to Users or Buyers.
Review – a written evaluation submitted by a Buyer based on their personal experience with a purchased product.
Rating – a score from one to five stars expressing the Buyer's satisfaction with a product.
Comment – an observation or opinion regarding a Review or another Comment.
Question – a request for information regarding a product or service.
Response – information provided by KINÁLY or another User in response to a Question.
Document – these Terms and Conditions.
Newsletter – electronic commercial communications sent by email regarding products, promotions and campaigns carried out by KINÁLY.
Transaction – the collection or refund of an amount resulting from the sale of Goods and/or Services using the payment processor agreed by the Seller (Stripe).
1. CONTRACTUAL DOCUMENTS
1.1.
By placing an Order on the Site, the Buyer agrees to communicate with the Seller by email or telephone regarding the Order.
1.2.
Notifications received after placing an Order are informational and do not constitute acceptance of the Order.
1.3.
For justified reasons, the Seller reserves the right to modify the quantity of Goods and/or Services in an Order. If this occurs, the Buyer will be informed and any amount paid for unavailable products will be refunded.
1.4.
The Contract is considered concluded when the Buyer receives the Order shipment confirmation by email.
(убрал SMS)
1.5.
The Contract consists of these Terms and Conditions together with any documents issued by the Seller relating to the purchased Goods.
2. ONLINE SALES POLICY
2.1.
Access to place an Order is available to any Client or Buyer.
For justified reasons, KINÁLY reserves the right to restrict access to placing Orders or certain payment methods where fraudulent or abusive activity is suspected.
The Client may contact KINÁLY using the contact details available on the Site for additional information.
2.2.
In the event of unusually high traffic, KINÁLY may require CAPTCHA verification to protect the integrity and security of the Site.
2.3.
KINÁLY may publish information regarding Goods, Services and promotional campaigns available for limited periods and while stocks last.
2.4.
All prices displayed on the Site are shown in the selected website currency and include VAT where applicable.
2.5.
For online payments, the Seller cannot be held responsible for any currency conversion fees or bank commissions charged by the Buyer's payment provider.
2.6.
Images, videos and descriptions published on the Site are presented for informational purposes only and do not constitute contractual obligations.
2.7.
After purchasing a product, the Buyer may receive an invitation by email to leave a Review regarding the purchased Goods.
3. ASSIGNMENT AND SUBCONTRACTING
3.1. The Seller may assign and/or subcontract third parties for services related to fulfilling the Order without requiring the Buyer's prior consent. The Seller remains fully responsible for fulfilling all contractual obligations towards the Buyer.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. All Content available on the Site, including but not limited to trademarks, logos, designs, graphics, photographs, videos, text, product descriptions and any other materials, is the exclusive property of KINÁLY or its licensors and is protected by applicable intellectual property laws.
4.2. The Client/User/Buyer may not copy, distribute, publish, reproduce, modify, transmit, sell, license, publicly display or otherwise use any Content from the Site without the Seller's prior written consent.
4.3. Any Content accessed by the Client/User/Buyer remains subject to these Terms and Conditions unless otherwise governed by a separate written agreement.
4.4. Content may only be used for personal, non-commercial purposes and only in compliance with these Terms and Conditions.
4.5. Where KINÁLY expressly grants permission to use specific Content, such permission applies only to the particular Content described and only under the conditions communicated by KINÁLY.
4.6. No Content transmitted by email, telephone or any other communication method constitutes a contractual obligation of KINÁLY beyond the applicable legal obligations.
4.7. Any use of the Content outside the rights expressly granted in these Terms and Conditions is prohibited.
5. ORDERS
5.1. The Buyer may place Orders through the Site by adding Goods to the shopping cart and completing the checkout process. Adding products to the cart does not reserve the products or create an Order.
5.2. By placing an Order, the Buyer confirms that all information provided is complete, accurate and up to date.
5.3. By placing an Order, the Buyer agrees that KINÁLY may contact them by email or telephone whenever necessary regarding the Order.
5.4. The Seller reserves the right to cancel an Order after informing the Buyer in the following situations:
5.4.1. the payment transaction is declined by the Buyer's bank;
5.4.2. the payment transaction is rejected or cancelled by Stripe or another authorized payment provider;
5.4.3. the information provided by the Buyer is incomplete, incorrect or fraudulent.
5.5. Consumers have the right to withdraw from the Contract within 14 calendar days from receiving the Goods, in accordance with applicable European and Romanian consumer protection legislation.
The withdrawal period expires within 14 calendar days from:
the day the Buyer receives the Goods;
where multiple Goods are delivered separately, the day the Buyer receives the final item;
where Goods consist of multiple parts, the day the Buyer receives the final part.
5.6. If the Buyer wishes to exercise the right of withdrawal, they must submit a return request using the return procedure available on the Site or by contacting:
info@kinaly.eu
5.7. If the Buyer withdraws from the Contract, any promotional gifts received together with the returned products must also be returned.
Refunds will be processed within 14 calendar days after receiving the returned Goods or proof that they have been shipped, whichever occurs first.
Refunds will be made using the original payment method whenever possible.
5.8. The Seller may postpone the refund until the returned Goods have been received or until the Buyer provides proof of shipment.
5.9. If a product cannot be supplied, the Buyer will be informed and any payment received will be refunded within 7 calendar days.
5.10. Product availability may be displayed as:
In Stock – available for immediate shipment.
Limited Stock – limited quantity available.
Pre-Order – temporarily unavailable but available for future delivery.
Out of Stock – currently unavailable.
7. GOODS / SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL DOES NOT APPLY
7.1. In accordance with applicable consumer protection legislation, the right of withdrawal does not apply to:
7.1.1. services that have been fully performed where performance began with the Buyer's prior express consent and acknowledgment that the right of withdrawal would be lost upon full performance;
7.1.2. Goods or services whose price depends on fluctuations in the financial market beyond the Seller's control;
7.1.3. Goods manufactured according to the Buyer's specifications or clearly personalized;
7.1.4. Goods liable to deteriorate or expire rapidly;
7.1.5. Sealed Goods that are not suitable for return due to health protection or hygiene reasons if unsealed after delivery, including but not limited to underwear, swimwear and similar products;
7.1.6. Goods which, after delivery, have become inseparably mixed with other items.
8. CONFIDENTIALITY
8.1. KINÁLY will treat all information provided by Clients and Buyers as confidential and will process it in accordance with applicable data protection legislation and the Privacy Policy.
8.2. The Buyer may not publish or disclose information regarding Orders or contractual relations with KINÁLY without the Seller's prior written consent, except where disclosure is required by law.
8.3. By submitting reviews, comments, photographs or other materials through the Site, the Buyer grants KINÁLY a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, modify and display such content for the purpose of operating, promoting and improving the Site and its services.
The Buyer confirms that they own the necessary rights to the submitted content.
8.4. Personal data provided by Clients and Buyers will be processed exclusively in accordance with the Privacy Policy available on the Site.
9. MARKETING COMMUNICATIONS
9.1. Marketing emails may be sent using trusted third-party email service providers acting on behalf of KINÁLY and in accordance with applicable data protection legislation.
9.2. Customers may subscribe to receive promotional emails containing information about:
new collections;
promotions;
exclusive offers;
seasonal campaigns;
product recommendations;
company news.
Subscription is entirely voluntary.
Customers may withdraw their consent at any time by:
clicking the Unsubscribe link included in any marketing email; or
contacting info@kinaly.eu.
9.3. Unsubscribing from marketing emails does not affect communications relating to existing Orders, Returns, Refunds or other contractual obligations.
10. INVOICING & PAYMENT
10.1. All prices displayed on https://kinaly.eu/ include VAT where applicable.
10.2. The applicable price, payment method and total amount payable are displayed during checkout before the Buyer confirms the Order.
10.3. An electronic invoice will be issued for each completed Order in accordance with applicable tax legislation.
The invoice will be sent electronically to the email address provided during checkout.
10.4. The Buyer is responsible for providing accurate invoicing information.
10.5. Payments are processed securely through Stripe.
KINÁLY does not store complete payment card information.
10.6. Payment card information is processed exclusively by Stripe and authorized financial institutions using industry-standard encryption technologies.
10.7. For security reasons, KINÁLY may request additional verification before accepting certain transactions where fraud prevention measures require it.
10.8. Buyers are responsible for ensuring that the payment information provided during checkout is accurate and that they are authorized to use the selected payment method.
11. DELIVERY OF GOODS
11.1. The Seller undertakes to deliver the Goods to the Buyer through authorized courier services to the delivery address specified in the Order.
11.2. KINÁLY will ensure that the Goods are properly packaged and accompanied by all documents required under applicable law.
11.3. Delivery times displayed on the Site are estimates only and may vary depending on product availability, destination, customs procedures, courier operations or circumstances beyond the Seller's reasonable control.
11.4. Risk of loss or damage to the Goods passes to the Buyer upon delivery of the Goods to the delivery address specified in the Order.
11.5. The Buyer is responsible for providing accurate delivery information. KINÁLY shall not be liable for delays or failed deliveries caused by incorrect or incomplete delivery information.
12. WARRANTIES
12.1. All Goods sold through KINÁLY benefit from the legal warranties provided by applicable consumer protection legislation.
12.2. Where applicable, additional commercial warranties offered by the manufacturer will accompany the Goods and will not affect the Buyer's statutory rights.
12.3. Warranty claims shall be handled in accordance with applicable law and the warranty conditions accompanying the relevant product.
12.4. The Buyer should retain proof of purchase for any warranty claim.
13. TRANSFER OF OWNERSHIP
13.1. Ownership of the Goods transfers to the Buyer upon full payment of the Order and delivery of the Goods to the address indicated by the Buyer.
14. LIABILITY
14.1. KINÁLY shall not be liable for indirect, incidental or consequential damages arising from the use of the Goods, except where liability cannot be excluded under applicable law.
14.2. The Buyer is responsible for providing accurate information when placing an Order and for ensuring that the delivery details are correct.
14.3. The Buyer agrees to use the Site only for lawful purposes and in accordance with these Terms and Conditions.
14.4. KINÁLY shall not be liable for delays or failure to perform caused by circumstances beyond its reasonable control, including force majeure events.
14.5. Nothing in these Terms excludes or limits liability where such limitation is prohibited by applicable law.
15. CHANGES TO THE TERMS AND CONDITIONS
15.1. KINÁLY reserves the right to modify these Terms and Conditions at any time.
15.2. Any updated version will become effective immediately upon publication on https://kinaly.eu/ unless otherwise required by applicable law.
15.3. Continued use of the Site after publication of updated Terms constitutes acceptance of those changes.
16. FORCE MAJEURE
16.1. Neither party shall be liable for any delay or failure to perform its contractual obligations where such delay or failure results from an event beyond its reasonable control, including but not limited to natural disasters, war, strikes, governmental actions, pandemics, interruption of telecommunications, or other force majeure events.
16.2. If the force majeure event continues for more than fifteen (15) consecutive days, either party may terminate the Contract without liability.
17. APPLICABLE LAW AND JURISDICTION
17.1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Romania.
17.2. Any dispute arising out of or relating to these Terms and Conditions shall first be resolved amicably.
17.3. If an amicable solution cannot be reached, the dispute shall be submitted to the competent courts of Romania in accordance with applicable law.
18. PROCESSING OF PERSONAL DATA
18.1. The processing of personal data is governed by the Privacy Policy, which forms an integral part of these Terms and Conditions.
19. COOKIES
19.1. The use of cookies on the Site is governed by the Cookie Policy, which forms an integral part of these Terms and Conditions.
20. ORDERS PLACED BY LEGAL ENTITIES
20.1. Orders placed by legal entities are subject to these Terms and Conditions unless otherwise agreed in writing between the parties.
20.2. VAT invoices for legal entities are issued electronically using the invoicing details provided during checkout.
20.3. Where applicable under Romanian and European legislation, refunds for legal entities will be processed using the same payment method used for the original transaction or by bank transfer, unless otherwise agreed in writing.
21. PRODUCT RETURN POLICY
21.1. Customers have the right to return eligible products within 14 calendar days from the date of delivery in accordance with applicable consumer protection legislation.
21.2. Returned products must:
be unused;
be clean and undamaged;
include all original labels and tags;
be returned, where reasonably possible, in their original packaging;
include all accessories supplied with the product.
21.3. KINÁLY reserves the right to refuse a return or reduce the refundable amount where the returned product shows signs of use beyond what is necessary to determine its nature, characteristics or functioning, as permitted by applicable law.
Returns may be refused or partially refunded where, for example:
products have been worn or damaged;
products have unpleasant odors;
security seals or labels have been removed;
products are returned without essential accessories;
products are inadequately packaged and are damaged during return transport.
21.4. Products that cannot be returned for hygiene or health protection reasons, including underwear, swimwear or similar sealed products that have been unsealed after delivery, are not eligible for return unless required by applicable law.
21.5. Customized or personalized products manufactured according to the Buyer's specifications cannot be returned except where required by law.
21.6. The direct cost of returning Goods is borne by the Buyer unless:
the wrong product was delivered;
the product is defective;
the return is required due to an error attributable to KINÁLY.
21.7. Returned products should be securely packaged to prevent damage during transport.
21.8. Refunds will be issued within 14 calendar days after the returned Goods have been received and inspected or after the Buyer provides proof that the Goods have been returned, whichever occurs first.
21.9. Refunds will be made using the same payment method used for the original purchase unless another method has been expressly agreed.
21.10. If a returned product does not comply with this Return Policy, KINÁLY reserves the right to reduce the refundable amount where permitted by applicable law or refuse the return.
21.11. To initiate a return, the Buyer should contact:
Email: info@kinaly.eu
or follow the return instructions available on:
https://kinaly.eu/
21.12. KINÁLY does not accept parcels sent with cash on delivery (COD).
21.13. The Buyer is responsible for ensuring that returned Goods are properly packaged to prevent damage during transportation.
21.14. Where permitted by law, KINÁLY reserves the right not to accept returns of Goods that:
cannot be returned for hygiene reasons;
have deteriorated due to improper handling by the Buyer;
have been customized or personalized;
are otherwise exempt from the right of withdrawal under applicable legislation.
Applicable legislation
These Terms and Conditions are governed by, among others:
Regulation (EU) 2016/679 (GDPR);
Directive 2011/83/EU on Consumer Rights;
Romanian Emergency Ordinance No. 34/2014 regarding consumer rights in contracts concluded with professionals;
Romanian Fiscal Code and other applicable Romanian legislation.
Contact
KINÁLY
BUILD QUIT STRENGTH S.R.L.
Aleea PANTELIMON, Nr. 6, Bl. 8, Scara 1, Etaj 3, Ap. 29
077190 Bucureşti Sectorul 2
Romania
Website: https://kinaly.eu/
Email: info@kinaly.eu