Royal Decree-Law 1/2007, of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users, stipulates a time limit of two years warranty from the delivery of new Kids&Us products to the consumer by the seller (which shall mean, unless there is evidence to the contrary, the date that corresponds with that of the invoice, receipt or delivery note).
On occasions, and on a voluntary basis, Kids&Us may offer a commercial warranty in addition to the legal warranty. The time period of this commercial warranty, as well as the rights that come with it in favour of the consumer shall be, in each case, that indicated by Kids&Us (“Additional Commercial Warranty”).
To exercise both the Legal Warranty as the Commercial Warranty, the documentary evidence attesting to the date of delivery and/or purchase of the product must be presented; this may be the invoice, receipt, delivery note, or the stamped and dated warranty card. Documents which have been manipulated or falsified will not be accepted.
The consumer must inform Kids&Us of the lack of conformity within a period of two months from the date in which they became aware of it. Failure to comply within this deadline shall not entail the loss of the corresponding right to reparation, however the consumer shall be liable for any loss or damages resulting from a delay in communicating the lack of conformity. The action to claim compliance with the provisions in chapter II of this title shall be limited to three years from the date of delivery of the product.
The Legal Warranty covers the repair or, if applicable, the replacement of the product as a result of the lack of conformity of the product and, in such a case, these shall be free of charge for the consumer, including the charges for labour and materials. In any case, repairs under the warranty must be made by the Kids&Us Official Technical Support Service or by authorised distributors.
Repair or replacement shall suspend the computation of the time-limit of the Legal Warranty, not resulting, under any circumstances, in a new period of two years’ warranty from the delivery of the repaired/replaced product.
The warranty does not provide for, nor does it include, periodic maintenance or the installation of the product.
In addition, under no circumstances shall it be deemed a lack of conformity and, therefore, neither the legal warranty, nor, where appropriate, the commercial warranty shall apply, when:
- The lack of conformity corresponds to a discrepancy with the safety standards or local or national techniques of a country other than that which the product was originally designed and produced or, as the case may be, intended for sale;
- The product or any of its identifying data (serial number, etc.) have been, in whole or in part, opened, assembled, disassembled, manipulated and/or repaired by anyone outside of the Official Technical Support Services or authorised distributors;
- The lack of conformity is a result of improper installation (except when the installation has been performed by the authorised Kids&Us dealer or under its responsibility, or by the consumer while following the installation instructions provided by Kids&Us);
- The lack of conformity is due to the use of accessories, chargers or supplies that are not Kids&Us originals which have been specifically designed for the product;
- When any of the seals of the casing of the product or the battery cells have been broken, or there is evidence of manipulation of these parts; and/or
- The damage to the product has been caused by any case of force majeure or unforeseen circumstances.
The cost quoted for the repair of the device would amount to €30 (thirty euros), including VAT in accordance with Royal Decree 58/1998 on the protection of the rights of the consumer for the repair service of domestic devices. This amount must be paid to the courier when the device is returned only when, after having requested the quote, it has not been accepted.
Kids&Us shall not be held liable, under any circumstances, for the loss of any data stored on the product.
None of the warranties set out in this document covers the replacement of parts due to wear and tear or breakage of mechanisms, rubber seals, casings and/or plastic parts, as well as any aesthetic damage, due to normal use of the product. Similarly, the warranties do not cover any damage caused during the transport of the product (including, but not limited to, aesthetic damage, blows, scratches, stains, dents, etc.), in which case the provisions contained in the Kids&Us general business terms and conditions which are applicable shall be applied.