Terms and Conditions

TERMS AND GENERAL CONDITIONS FOR ONLINE PURCHASING AND WEBSITE USE

 

Kinematix Sense, SA. (“Kinematix”, “We” or “Us”) www.kinematix.pt 

 

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR ACCESS AND USE OF THE KINEMATIX WEBSITE LOCATED AT KINEMATIX.PT, (THE “SITE(S)”) ON THE WORLD WIDE WEB AND APPLY TO THE PURCHASE AND SALE OF PRODUCTS AND SERVICES THROUGH THE SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND KINEMATIX.

 

By checking "I agree", you acknowledge that you have read THESE TERMS, understand THEM, and agree to be bound by THEM. If you do not agree to any of theSE terms, DO NOT CHECK THE “I AGREE” BOX, AND DO NOT ACCESS OR OTHERWISE USE THE SITE(S) OR ANY INFORMATION CONTAINED ON THE SITE(S).

PLEASE BE AWARE THAT THESE TERMS AND CONDITIONS GOVERN THE LEGAL AGREEMENT BETWEEN YOU AND KINEMATIX WHEN YOU BUY A TUNE SYSTEM ON KINEMATIX’S ONLINE STORE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE SITE(S) IF YOU DO NOT AGREE TO THESE TERMS.

 

KINEMATIX MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THE SITE(S) AT ANY TIME. KINEMATIX MAY CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE(S) AND/OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES.  YOUR CONTINUED USE OF THE SITE(S) AND PURCHASES OF PRODUCTS AFTER A POSTED OR NOTICED CHANGE WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH CHANGES.

 

IN ORDER TO MAKE FULL USE OF OUR SITE(S), WHICH INCLUDES ADDING ITEMS TO YOUR SHOPPING CART AND CHECKING OUT FROM OUR STORE, YOU'LL NEED TO SET YOUR BROWSER TO ACCEPT COOKIES.

 

YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OLD OR THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO AGREE TO THESE TERMS.

 

Website Terms of Use

 

General Use Restrictions

Certain information, documents, materials and services provided on and through the Site(s), including content, logos, graphics, videos and images (together, the “Materials”) are made available to you by Kinematix and are the copyrighted and/or trademarked work of Kinematix or Kinematix’s contributors or partners. Materials do not include Submissions (as defined below), the Kinematix Mobile App(s) or any third party applications including companion applications. The terms specific to the Submissions, the Kinematix Mobile App(s) or any third party applications including companion applications are described below.

You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, except in the terms admissible pursuant to the applicable law, alter, enhance or in any way exploit any of the Materials in any manner.

You acknowledge that you have no right, title or interest in or to the Site(s) or any Materials.

Kinematix App(s)

Your use of the Kinematix Mobile App(s) is not governed by these Terms and is subject to the separate terms and conditions, which can be found on the TUNE app which you can download from Apple Store and Android Store online.

Third Party Applications and Companion Applications

Your use of any third-party applications, including any companion applications, that you may download through the Kinematix Mobile App(s) or through a third-party app store is not governed by these Terms and is subject to the separate terms of the applicable third-party licensor’s and user license or similar agreement.

Electronic Communications

By accepting these Terms, you expressly consent to receiving electronic communications from Kinematix. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site(s) and services. These electronic communications are part of your relationship with Kinematix and you receive them as part of your subscription to the Site(s). You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy

Your use of the Site(s) is governed by the Kinematix Privacy Policy, which can be found at kinematix.pt/privacy-policy (the “Privacy Policy”).

Sweepstakes and Contests

Kinematix may sponsor and give you the opportunity to participate in certain sweepstakes and/or contests, if and when they are open. This does not bring any obligation to Kinematix to open them. Any such sweepstakes and/or contests will be subject to separate terms and conditions.

Third Party Content and Products

Certain information and other content may be the material of third-party licensors and suppliers of Kinematix (including, without limitation, certain third party logos, trade names and any other industrial and intellectual property rights (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. KINEMATIX DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites

The Site(s) may be linked to other sites that are not Kinematix sites. Kinematix provides these links to you only as a convenience, and Kinematix is not responsible for such linked sites (including, without limitation, the content, products, services or links displayed on such sites).

Proprietary Rights

Kinematix and Kinematix TUNE are registered trademarks of Kinematix Sense, SA in the United States and the European Union, and the European Union respectively. Other trademarks, names and logos on the Site(s) are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on the Site(s), including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Kinematix, Copyright ©. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Feedback

If you provide Kinematix with verbal feedback and/or written feedback related to your use of the Site(s) and/or the TUNE including, but not limited to, a report of any errors which you may discover in the Site(s) and/or the Kinematix products or related documentation or suggestions for improvements or changes to the Site(s) and/or the Kinematix products, you hereby grant Kinematix a perpetual, irrevocable right to use such feedback to develop and improve the Site(s) and/or any Kinematix product or service. This does not entitle you to receive from Kinematix any remuneration, compensation or any amount whatsoever.

 

Submissions

You acknowledge that you are responsible for the files, images, blog posts and comments, and other materials that you submit, post or otherwise make available on the developer or other blogs or forums and/or support center sections of the Site(s) (each a “Submission”), and that you, and not Kinematix, have full responsibility for each such Submission you make, including its legality, accuracy, appropriateness, and trademark and copyright ownership. Notwithstanding the foregoing, any postings or submissions that you submit that evaluate or constitute feedback about the Site(s) and/or the Kinematix products are not Submissions but feedback and will be subject to the terms set forth in the Feedback Section above.

 

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Site(s) is provided on a non-proprietary and non-confidential basis. Please note that, generally, Submissions will be accessible by other users of the developer or other blogs or forums and/or support center on the Site(s). Please ensure that any information you post on any developer or other blog or forums and/or support center areas of the Site is information that you are comfortable with sharing with others. Except as expressly set forth below, you agree that Kinematix is free to use a Submission on an unrestricted basis for any purpose and you grant Kinematix a sublicensable, non-exclusive, totally free, including royalty-free, worldwide license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. However, under the foregoing license, Kinematix will not have the right to sell ownership rights to your Submission. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO YOUR SUBMISSIONS. You further agree that you will not upload, post or otherwise make available on the Site(s) any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You agree that Kinematix assumes no responsibility for your Submissions. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make. You represent and warrant that: (a) you own all Submissions posted by you on or through the Site(s) or otherwise have the right to grant the licenses to Kinematix set forth in this section; and (b) the posting of your Submissions on or through the Site(s) do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Site(s).

Prohibited Uses

You undertake not to use the Site(s) or Materials for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable laws and regulations. When using the Site(s) or Materials, including, without limitation, the developer or other blogs and/or support center areas on the Site(s), you agree not to upload any materials, information or data or take any actions that are inappropriate or disruptive to the Site(s). Without limitation, you agree not to:

·       Post off topic information or messages that are not related to the content on the Site(s);

·       Use racially, ethnically, or otherwise offensive language;

·       Incite illegal activity;

·       Use explicit/obscene language or solicit/upload sexually explicit images (actual or simulated);

·       Upload anything that exploits children or minors or that depicts cruelty to animals;

·       Upload any personal information that you do not have authority or permission to upload;

·       Upload any copyrighted or trademarked materials without the express permission from the owner;

·       Use any robot, spider, scraper or other automated means to access the Site(s); or

·       Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

This list of prohibitions provides examples and is not complete or exclusive. Kinematix reserves the right to terminate your access to your account, your ability to upload content to the Site(s) with cause and with a previous and reasonable notice, for any reason or for any action that Kinematix determines is inappropriate, illegal or disruptive to the Site(s) or to any other user of the Site(s) and that is not in compliance with these Terms.

Kinematix may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Kinematix’s discretion, Kinematix will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site(s) or on the Internet. These prohibitions do not require Kinematix to monitor, police or remove any information or Submissions submitted by you or any other user.

Copyright and Trademark Infringements

Kinematix respects the intellectual property rights of others, and we ask you to do the same. Kinematix may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site(s) for users who infringe Kinematix’s intellectual property rights or the industrial property rights of others. If you believe that your work is the subject of copyright or trademark infringement and appears on our Site(s), please provide Kinematix’s designated agent the following information:

·       A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

·       Identification of the copyrighted or trademarked work claimed to have been infringed, or, if multiple works at a single online Site are covered by a single notification, a representative list of such works at that Site;

·       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Kinematix to locate the material;

·       Information reasonably sufficient to permit Kinematix to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

·       A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; and

·       A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Kinematix’s agent for notice of claims of copyright or trademark infringement on the Site(s) can be reached as follows:

By mail:

Kinematix, Sense, SA

ATTN: LEGAL

Rua das Oliveiras, 72, 1, 
4050-448 Porto, Portugal 

By e-mail: support@kinematix.pt

Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 

Disclaimer of Warranties

Your use of the Site(s), Materials and/or the services is at your own risk. The Third Party Content has not been verified or authenticated in whole or in part by Kinematix, and it may include inaccuracies or typographical or other errors. Kinematix does not warrant the accuracy or timeliness of the Third Party Content contained on the Site(s). Kinematix has no liability for any errors or omissions in the Third Party Content, whether provided by Kinematix or our licensors.

KINEMATIX, FOR ITSELF AND ITS LICENSORS AND SUPPLIERS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH YOUR APPLICATIONS OR KINEMATIX’S HOSTING THEREOF, THIRD PARTY CONTENT OR SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED ON THE SITE(S) AND/OR THE RESULTS OBTAINED FROM THE USE OF THE SITE(S) OR MATERIALS, INCLUDING WITHOUT LIMITATION THE THIRD PARTY CONTENT OR SUBMISSIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE(S), THE THIRD PARTY CONTENT, THE HOSTING OF YOUR APPLICATIONS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE(S) IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. KINEMATIX DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE

OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

 

Limitation of Liability

IN NO EVENT WILL KINEMATIX AND/OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY KIND OF DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE(S), THE USE OR PERFORMANCE OF THE SITE(S), THE DELAY OR INABILITY TO USE THE SITE(S), OR FOR ANY INFORMATION, THIRD PARTY CONTENT, YOUR APPLICATIONS, SUBMISSIONS OBTAINED THROUGH THE SITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SITE(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KINEMATIX OR ANY OF ITS SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

Kinematix shall only be liable for damages suffered by you in the event such damages result from attributable breach by Kinematix of its contractual obligations towards you, due to Kinematix’s misconduct or serious fault or in the event Kinematix's liability follows from applicable statutory law.

 

Until the maximum extent permitted by applicable law, Kinematix shall not be liable for any damage incurred by a third party resulting from the use of any of our products, including, without limitation, the personal training plan that has been generated specifically for you. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.

 

We are not liable for damages caused as a result of the incorrect use of the information on Kinematix.pt or/and concerning TUNE, namely, without limitation, of the personal training plan.

 

Until the maximum extent permitted by applicable law, Kinematix shall not be liable for any damages resulting from the use of (or inability to use) the Sites, including damages caused by viruses.

 

Until the maximum extent permitted by applicable law, Kinematix shall not be liable for any damages caused in case your Smartphone does not fill the technical requirements to be considered compatible with the TUNE, namely if your Smartphone is not Bluetooth Low Energy equipped. For more information, please consult the FAQ’s.

 

Kinematix shall not be liable for any damages caused in case you use the TUNE Insoles on shoes that do not have a normal shape (for example, Vibram Five Fingers or other shoes with an extraordinarily shaped toe box). If you have doubts about this, you shall contact support@kinematix.pt.

 

Kinematix shall not be liable for any damages caused in case you run with TUNE without using your smartphone. For more information, please consult the FAQ’s.

 

Kinematix shall not be liable for any damages caused if you use TUNE in only one shoe, because TUNE is designed to measure your technique on both feet at the same time.

 

Kinematix shall not be liable for any damages caused if you use your TUNE while swimming. 

 

Without prejudice of provisions included in the Quick Starter Guide and in the Warranty Guide, Kinematix shall not be liable for any damages caused if your use of your TUNE in not made in the terms described in such documents. 

 

TUNE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. WE ARE NOT LICENSED MEDICAL PROFESSIONALS, AND WE ARE NOT IN THE BUSINESS OF PROVIDING MEDICAL ADVICE. YOU SHOULD ALWAYS CONSULT A QUALIFIED AND LICENSED MEDICAL PROFESSIONAL PRIOR TO BEGINNING OR MODIFYING ANY EXERCISE PROGRAM. YOUR USE OF THE SITE(S) OR THE MOBILE APPLICATION DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND KINEMATIX.

 

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL KINEMATIX’S AND/OR ITS SUPPLIERS OR LICENSORS ASSUME TOTAL OR CUMULATIVE LIABILITY TO ANY THIRD PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR OTHERWISE) IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCTS.

 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE(S), OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE(S). THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS KINEMATIX’S LIABILITY OR YOUR REMEDIES.

 

Local Laws; Export Control

Kinematix controls and operates the Site(s) from its headquarters in Portugal and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use the Site(s) outside Portugal, you are responsible for following applicable local laws.

 

Ordering

You can place orders anytime, 24 hours a day, seven days a week.

In order to place an order, you must:

1. be 18 years old or older;

2. be a consumer - not a reseller.

We can only fulfill an order if the delivery address is a home or office address in one of the countries listed under section “Where we ship to”.

Please note that:

• You need an e-mail address to place an order online.

• You'll need to set your browser to accept cookies in order to make full use of Kinematix.pt and which includes designing items, adding items to

your shopping cart and checking out from our stores.

  • You will need to accept Kinematix’s Privacy Policy – available at kinematix.pt/privacy-policy

 

At what point in the ordering process are you bound by your order?

You are bound by your order once you have clicked the ”Submit order” button at the end of the ordering process.

By clicking the ”Submit order" button, your order is sent to us as displayed in the final Check Out screen. Once we have received your order, an automated confirmation of receipt will be displayed on the Website, which contains your order number and the details of your purchase. The purchase agreement has now been concluded. A copy of the confirmation of receipt will be sent to your e-mail address also.

We strongly suggest that you print or download this copy for future reference. Note however that we explicitly reserve the right not to accept your order, or to cancel the purchase agreement after our initial acceptance of your order in the situations described in point “Our right to not accept your order or cancel your purchase”.

 

 

Our right to not accept your order or cancel your purchase.

We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in the following situations, without being liable for any damage or costs:

*the product is not available / in stock (any payments made will be refunded or you will be asked if you wish to maintain your order despite there being no stock available at the moment you submit your order);

* your billing information is not correct or not verifiable;

* your order is flagged up by our security as an unusual order or an order susceptible to fraud;

* your payment is not received within 60 minutes after acceptance of your order;

* we have reason to believe you are under 18;

* we have reason to believe that you are a reseller;

* we could not deliver to the address provided by you.

 

Data check

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. As to the latter: we run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud will be investigated and if necessary prosecuted. By submitting your order, you agree to this.

 

How to order

Placing an order on Kinematix.pt store is easy. Just follow these simple steps:

  1. Login to store.kinematix.pt
  2. Select TUNE color and insole size
  3. Confirm Order
  4. Check that order corresponds to your needs
  5. Proceed to check out
  6. Fill out necessary Billing Details and other necessary information present on the form
  7. Check that you accept the Terms & Conditions and Privacy Policy
  8. Click on Place Order and await any further instructions or information if need be

 

Delivery and billing options

Once you've clicked on “Checkout”, you’ll need to provide your delivery address, billing address and method of payment (see Payment Options for the choices available). Note that your billing address must be entered exactly as it appears on your bank statement, Paypal or Credit Card.

 

Price and Payment options

The total price specified on the order confirmation includes tax and shipping/delivery costs per order. The exact delivery costs depend on the country where your order is being delivered to.

For details on the rates per country see Delivery rates.

 

Please transfer only the exact amount specified on the order confirmation, and make individual transfers per order, using the unique reference number stated in your order confirmation.

 

We will send you a receipt confirmation by email as soon as the product is shipped. The receipt will be secure to avoid any alterations in data while being sent to you. If you need a paper receipt, please call Customer Services.

 

Kinematix.pt store can accept orders anytime, 24 hours a day, seven days a week. To pay for orders, you can use:

  1. Credit Cards and
  2. PayPal.

 

We do not accept any other method of payment than the mentioned above, as our online store is not designed to process other payment methods. Please do not try to pay by any other way than the specified above. If you do, we will not be liable for loss of the payment or any other damages that may result from your action.

 

If you pay by Paypal or Credit Card, we will deduct the amount due from your account as soon as you confirm your order on our online store/webshop.

Payments can only be processed if the billing information can be verified.

We retain title in the products until we have received payment.

 

If you place any orders for products on the Site(s), you are expressly agreeing that Kinematix is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Kinematix, according to the criteria and values indicated upon your order submission, in connection with your use of the Site(s) and the services on the Site(s). You agree that the fees will be billed to your credit card or PayPal account you provide, in accordance with the billing terms in effect at the time a fee or charge is due and payable, as applicable.

If payment is not received within 60 minutes after you submitted your order or cannot be charged to your credit card or PayPal account for any reason in advance of shipping your order, Kinematix reserves the right to either suspend or cancel your order.

 

Kinematix reserves the right, at any time, to change its prices and billing methods for TUNE, effective immediately upon posting on the Site or by electronic communications to you. The prices as displayed on our Website at any moment are only valid at that moment.

 

Currency

Prices on our Site(s) are quoted in the currency of the country to which you have indicated that the product will be delivered and are listed in the confirmation of receipt of your order as well, which you can print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.

If you change the country of delivery while browsing or during check out, prices from that moment will be quoted in the currency of the new country of delivery. Note that changing the country of delivery may have an influence on the price.

The prices are quoted in the currency of the country of delivery.

 

Shipping & Delivery

All products on the Site(s) are currently delivered to residential or work addresses in the US, EU and Canada.

 

Delivery Times

We ship products from Monday through Friday.

For all ordered items delivery times depend on the delivery type selected by you on the Billing Information Form.

Please consult store.kinematix.pt/eu/shippinganddelivery for more information to help you decide which option is best for you.

 

Any order placed after 12.00 CET on the day before a public holiday will not be processed until the next working day after the public holiday.

 

If for any reason we are unable to meet the estimated delivery time, you are entitled  to work with Kinematix to establish a new delivery date, to cancel the order or to request reimbursement of the total amount paid, provided that such request is made in writing.

 

 

Delivery Rates

Delivery rates per order are as present on

store.kinematix.pt/eu/shippinganddelivery - please consult this page for more information on delivery rates that best suit your needs.

 

Inspection upon delivery

Upon delivery, please inspect the packaging for damage. If it appears that the shipping box is damaged, please do not accept the shipment. We will refund the purchase price and all delivery costs as soon as we receive the damaged shipment.

Please also note that you should inspect the products within a reasonable time after their receipt as you will be deemed to have accepted the products unless you have notified us within 14 days after receipt of the products that they are rejected.

 

Returns

Customers may return their TUNE in the following instances:

  • Within the legally defined trial period (commonly referred to as “buyer’s remorse”) in their country;
  • If so requested of the Customer by Kinematix, in writing, within warranty period and after issues have been thoroughly analyzed by Support team.

 

Within legally defined trial period:

 

If you are for whatever reason not happy with the products you ordered, you may return the TUNE within the legal period of 14 days for Europe and 30 days for USA and Canada, after the date of delivery, or a third party other than the carrier and indicated by you acquires, physical possession of the goods and the consequent right to receive a return, which does not include the costs of shipment, without giving us any reason, as long as:

 

• the products are not used in any way and are unwashed;

• You are allowed to try insoles on for fit, unless we have indicated otherwise (but you cannot wear them);

• the product is in its original, undamaged product packaging (a carefully opened package will not be considered damaged);

• the product is complete: e.g. both items of a pair must be returned.

You cannot return:

• products that have been tampered;

• electronic of which an affixed seal is broken.

 

You may electronically fill in and submit information about your return of the TUNE on our website. For that purpose, you can send us an unequivocal statement regarding your option to return the TUNE within the applicable return period on our website. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal by e-mail without delay.

 

If you return your order for no reason, you shall send back the goods to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us and you will need to pay for the return shipment, estimated at the present date in the amount of € 6 (six) / $ 6 (six).

 

Product exchange:

Product exchanges are currently not possible, but you do have the option of returning your product(s). See Returning Orders in the Troubleshooting section of the site.

In order to get another product color and size, you will have to place a new order on the Website.

 

If so requested of the Customer:
 

If a product, within its warranty limits, goes through a troubleshooting process (either online through forms or by any other means deemed necessary and useful) and no satisfactory conclusion is reached as to the problem with the product and/or how to fix it, Kinematix will ask the Customer to return the product to its warehouse in their country at their expense.
Depending on further troubleshooting and failure analysis, the Customer will either:

  • Get money back for product and shipping if problem due to product defect or fault or, instead of money back on product, request new product be sent to them at no extra cost;
  • Not get money back for product and shipping if problem due to liable usage by Customer (not following usage instructions, damaging the product, etc). Customers in these situation may be offered discount on new products, depending on extent of liability and intention of harmful or bad usage of product.

 

All necessary contacts and address information will be provided by Customer Support in any and all cases of returns.

 

Customers must allow for 30 day period for feedback and report on further testing done to returned product.

 

 

Customer Contacts:

Whenever a Customer detects a problem with their TUNE, they should get in touch with Kinematix as soon as possible.

 

All Customer contacts to Kinematix shall be made by e-mail primarily to support@kinematix.pt

Any other mail used should be directly related to the area of the subject at hand. This information is present on Kinematix’s Website – kinematix.pt

 

All Amazon marketplace Customers shall contact Kinematix through Amazon Communication Services or by the e-mail referred to above.

 

In the future, Kinematix will have a troubleshooting process on a dedicated page on the website. Once this is set up, all Customers who experience problems with their TUNE shall be forwarded to referred page before they get in touch with Kinematix.

 

 

Defective products

For information on defective products or what the Legal Warranty does not cover for the TUNE System, please visit kinematix.pt/support

Kinematix meets and complies with the requirements for legal warranties in force for the countries where TUNE is marketed.

Consumers in some jurisdictions may have legal rights under applicable national or state legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty.

Kinematix cannot be held liable for changes in the content of the above mentioned link. For more information, please contact support@kinematix.pt

 

Product exchange

Product exchanges are currently not possible, but you do have the option of returning your product(s). See Returning Orders in the Troubleshooting section of the site.

In order to get another product color and size, you will have to place a new order on the Website.

 

Contact Information

Please feel free to contact our Customer Service about all questions relating to your purchase on Kinematix.pt through support@kinematix.pt.

 

Other Legal Conditions applicable to online purchasing and/or other use of the Site(s)

 

Availability

Fulfillment of all orders on Kinematix.pt is subject to availability. We try to ensure that all items offered for sale are in stock.

However we reserve the right not to accept any orders or to cancel confirmed orders for products that are out of stock. In such event we will inform you by e-mail and any payments will be refunded if you so wish and do not want to wait until stock is available again.

 

Offer Validity

The offers on Kinematix.pt are valid only the moment that they are displayed on the website, unless a specific term is communicated on the Site(s).

 

General

If you violate these Terms, Kinematix may terminate and/or suspend your right to access the Site(s) or suspend or cancel your orders, in each case without notice.

Kinematix’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Kinematix and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Kinematix about the Site(s). The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions will survive any termination of these Terms.

 

Applicable Law

These general conditions and all disputes arising in connection with these Terms, including the validity thereof, or with the use of the Site(s) or with any purchases on Kinematix.pt, shall be governed by Portuguese law. Any conflict related with the Terms shall be solved exclusively by the Portuguese Courts, expressly excluding any others.

 

Jurisdiction for Consumer Disputes

In the event of there being consumer disputes, as defined by PT Law Nº 144/2015 from September 8th, the consumer may resort to the competent entity for the alternate resolution of consumer disputes of their choice.

Without prejudice to the above stated Law and its content, or the statutes and regulations to which entities for the alternate resolution of consumer disputes are binded, the consumer may opt for the European online platform for the resolution of disputes available at webgate.ec.europa.eu/odr, for their local entity for the alternate resolution of consumer disputes or for the specialized alternate resolution of consumer disputes entity, if it exists for the area in question.

In the case that there don’t exist such entities or entity referred to above, or if the entities that do exist aren’t considered competent to resolve the fundament of the dispute, the consumer may resort to the National Center for Information and Consumer Dispute Arbitration, in Lisbon, Portugal, by using the following e-mail address: cniacc@unl.pt and by visiting the internet site at www.arbitragemdeconsumo.org.

 

Last Modified: January 26, 2017

 

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