General Conditions of Contract
This document establishes the general conditions of the contractual relationship whose purpose is the purchase and sale of products offered on this website, and which is owned and operated by CINC SENTITS S.L. (hereinafter, “CINC SENTITS”) with address at Entença 60 in Barcelona, registered in the Mercantile Registry of Barcelona in Volume 36,076 – Folio 178 – Page B-276287 – 1st Inscription, with CIF B63325260 and the individuals and/or legal entities (hereinafter, “CLIENT”) that state the willingness to buy the products through the request made via the Internet through this website. All the rights that the current laws recognize to consumers and to which reference may be made here, will apply exclusively to clients who are considered consumers and who act with a purpose outside their commercial, business, trade and profession.
These user requests constitute the particular conditions to which these general conditions are associated that the CLIENT must necessarily accept electronically prior to purchasing the Check. The CUSTOMER is exposed through this same website these conditions, so that they can read, print, file and accept them. These general conditions together with the request of the specific products made by the CLIENT imply the formalization of the sales contract between CINC SENTITS and the CLIENT who affirms having read, understood and accepted these conditions. The CLIENT can always consult these general conditions through the website.
FIRST. – OBJECT OF THE CONTRACT. –
The object of purchase is a check that can be exchanged for any service or product offered by CINC SENTITS.
By purchasing the check available on this website, the CLIENT declares that:
- That you are a person of legal age and with the capacity to enter into a contract.
- That you have read, understand, and accept these General Conditions of Contract.
SECOND. -ALTERATION OF THE GENERAL CONDITIONS. –
CINC SENTITS reserves the right to modify these General Conditions at any time, without the need to notify the CUSTOMER in advance, who, in any case, is responsible for reviewing them as a prior requirement to making a purchase on this website. In any case, the General Conditions that were posted on the website at the time the CLIENT makes a purchase will be considered valid and applicable.
THIRD. – RIGHTS AND OBLIGATIONS OF CINC SENTITS
3.1. Responsibility of CINC SENTITS in no case will it be responsible for:
3.1.1. Errors, delays in access by the CUSTOMER when entering their data in the order form, the slowness or impossibility of receiving the order confirmation by the recipients or any anomaly that may arise when these incidents are due to problems in the Internet network, acts of God or force majeure and any other unforeseeable contingency beyond the good faith of the company. In any case, CINC SENTITS undertakes to solve any problems that may arise and to offer all the necessary support to the CLIENT to reach a quick and satisfactory solution to the incident.
3.1.2. Of the errors or damages caused by an inefficient use of the service and in bad faith by the CLIENT.
3.1.3. Of non-operation or problems in the email address provided by the CLIENT for sending the order confirmation.
3.2 Right of withdrawal:
3.2.1. CINC SENTITS recognizes the CUSTOMER the right of withdrawal in the terms and periods recognized in Royal Legislative Decree 1/2007 of November 16, in this case CINC SENTITS will reimburse the CUSTOMER the amount paid for the price and applicable taxes, to the number of account indicated by the CLIENT. The CLIENT has up to 14 days from the delivery of their order, as indicated in the CLIENT’s email confirming the operation. In order to exercise this right, the CUSTOMER must send an email to email@example.com and notify CINC SENTITS within the established deadlines.
The right of withdrawal recognized in this clause is understood without prejudice to the exceptions to it that the fixed legislation itself. The right of withdrawal will not apply once the service has been completely executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that once the contract has been fully executed by the entrepreneur, you will have lost your right of withdrawal.
QUARTER. – RIGHTS AND OBLIGATIONS OF THE CUSTOMER. –
4.1. Payment. – The CLIENT undertakes to pay in advance the amount for the Check actually requested in the following amount and form:
4.1.1. Amount. – The remuneration for the Check actually requested by the CLIENT, will be the one indicated on the Web page and the one that appears in the specific request of the CLIENT at any time, requests that will constitute the particular conditions of the specific order. The price of the Check that appears on the website includes VAT, the amount of which will be calculated at the time of placing the order, as appropriate.
4.1.2. Payment Methods. – The CUSTOMER must pay the amount corresponding to his order by:
– Credit card: by entering your data in the virtual POS on the website. By accepting this means of payment, the CUSTOMER confirms that they are authorized to use the card used for this purpose, being the cardholder. Card payments are subject to the provisions of Law 16/2009, of November 13, on payment services, especially everything related to payment orders and the conditions for their revocation.
– Bank transfer: for which the CLIENT must send an email to firstname.lastname@example.org expressly requesting it.
FIFTH. – RESPONSIBILITY. –
5.1.- CINC SENTITS will in no case be responsible for:
5.1.1.- Failures and incidents that may occur in communications, deletion or incomplete transmissions in such a way that it is not guaranteed that the services of the website are constantly operational.
5.1.2.- Of the production of any type of damage that the CLIENT or third parties could cause on the website.
5.2.- CINC SENTITS reserves the right to suspend access without prior notice on a discretionary basis and permanently or temporarily until effective liability for damages that may occur is assured. Likewise, CINC SENTITS will collaborate and notify the competent authority of these incidents at the time it has reliable knowledge that the damage caused constitutes any type of illegal activity.
SIXTH. – COPYRIGHT AND TRADEMARK. –
CINC SENTITS informs that the contents, programming and design of the website are fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited, except with the express consent of CINC SENTITS. The trademarks of the products that CINC SENTITS sells through the website belong to their legitimate owners. CINC SENTITS can establish links or hyperlinks to articles or information from third parties, always citing the source. The legitimate owner of the copyright of this information thus included may request at any time the removal of the aforementioned references.
SEVENTH. – COMPETENT JURISDICTION AND APPLICABLE LAW. –
These general conditions are governed by Spanish law. For the determination of the place of celebration of the sale to which these General Conditions are subject, the provisions of article 29 of Law 34/2002, of July 11, on services of the information society and of electronic commerce. In the event that the CLIENT is not considered a consumer, any relational conflict with the interpretation or execution of these General Conditions of Contract will be submitted to the jurisdiction of the Courts of the city of Vic.
EIGHTH. – NULLITY OF CLAUSES. –
In the event that any clause of these General Conditions is declared invalid, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these conditions. CINC SENTITS may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of them unless expressly recognized by CINC SENTITS.
NINTH. – ALTERNATIVE PROCEDURE FOR THE RESOLUTION OF ONLINE DISPUTES. –
Without prejudice to what is indicated in the previous clause, the European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/adr/. CUSTOMERS who are consumers may submit their claims through the online dispute resolution platform.