General terms and conditions of contract
INTRODUCTION
This contractual document will govern the General Conditions for contracting services (hereinafter, “Conditions”) through the website www.innocard.me/es, owned by INNOCARD SOLUTIONS SL under the trademark of INNOCARD SOLUTIONS, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Website.
These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER's responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable.
Contracts will not be subject to any formality except for those cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
You have read, understand and understand what is stated here.
He is a person with sufficient capacity to hire.
It assumes all the obligations set out here.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and is aware of current legislation, and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions that were implemented prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the services contracted by the USER is INNOCARD SOLUTIONS SL, with registered office at C/Badajoz 35, NIF B06844773 and with a customer/user service telephone number...
On the other hand, the USER, registered on the website using a username and password, for which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual relationship of sale involves the delivery, in exchange for a certain price and publicly displayed through the website, of a specific service.
Rectification of the data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they can notify them by email... so that INNOCARD SOLUTIONS SL can correct them as soon as possible.
The USER can keep their data up to date by accessing their user account. **Procurement Procedure**
The USER, in order to access the services offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required of them, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), relating to the protection of individuals with regard to the processing of personal data and the free movement of these data and Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.
The USER will select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that they proceed to the immediate blocking.
Once the user account has been created, please be informed that, in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Activation of services.
3. Right of withdrawal.
4. Online Complaints and Dispute Resolution.
5. Force majeure.
6. Competition.
7. Overview of the offer.
8. Price and period of validity of the offer.
9. Transportation expenses.
10. Form of payment, expenses and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract
13. Warranties and returns.
14. Applicable Law and Jurisdiction.
1. GENERAL CONTRACT TERMS AND CONDITIONS
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATING SERVICES
The PROVIDER will not activate any service until it has verified that the payment has been made.
As the order does not involve the physical delivery of any product, and the contracted services are downloaded or activated directly from the website, the PROVIDER will inform the USER beforehand about the procedure to follow to carry out this download or activation.
Failure to execute the remote contract
In the case of the provision of a service, it will be available from the moment the USER has made the payment for it and can be downloaded or activated according to the terms of the PROVIDER.
If the contract does not involve the physical delivery of any product, but rather an activation of the download on a website, the PROVIDER will inform the USER beforehand about the procedure to follow to carry out this download.
If the contract cannot be executed because the contracted service is not available within the expected period, the USER will be informed of the lack of availability and that he will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without thereby incurring any liability for damages attributable to the PROVIDER.
In the event of an unjustified delay on the part of the PROVIDER in returning the total amount, the USER may claim to be paid twice the amount due, without prejudice to their right to be compensated for damages incurred in excess of that amount.
The PROVIDER will not assume any responsibility when the download or activation of the service fails to take place, because the data provided by the USER is false, inaccurate or incomplete.
The provision of the service will be considered completed when the USER has downloaded or activated the service.
3. RIGHT OF WITHDRAWAL
Withdrawal form: https://www.innocard.me/es /formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counting from the date of receipt of the product or from the conclusion of the purchase contract if it were a provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation regarding the right of withdrawal, the period for exercising it will end twelve months after the expiry date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal will not apply to the contracts referred to and listed in Article 103 of RDL 1/2007, and which are listed here.
Any return must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to..., indicating the corresponding invoice or order number.
If the return was not made with the original delivery packaging, the PROVIDER may charge the cost of... € to the USER, informing the USER in advance of this through the same communication channel used.
Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number on the shipping letter, with the transport costs at their expense, at the address of INNOCARD SOLUTIONS SL,...
4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION
Any complaint that the USER deems appropriate will be answered as soon as possible, and can be made at the following contact addresses:
Postal address: INNOCARD SOLUTIONS SL,...
Telephone:...
Email:...
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform for the resolution of online disputes between the USER and the PROVIDER, without the need to go to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not be liable for any fault due to majeure. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
COVID-19: If due to mobility restrictions or other reason related to the regulations consolidated in the COVID-19 code, the USER cannot receive the service, the registration amount will be fully refunded or they will be able to use their reservation until... or a new date proposed by the PROVIDER.
6. COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered void or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these Terms in their entirety.
7. OVERVIEW OF THE OFFER
All sales made by the PROVIDER will be considered subject to these Conditions.
No modification, alteration or agreement contrary to the Business Proposal of INNOCARD SOLUTIONS SL or to what is stipulated here, will take effect, unless an express written agreement signed by the PROVIDER, in this case, these particular agreements will prevail.
Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until it affects the value of the services offered. These modifications will also be valid if, for any reason, the possibility of providing the services offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless otherwise expressly indicated, do not include shipping or communication costs, handling, packaging, shipping insurance or any other additional services attached to the purchased service.
The prices applicable to each service are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.
Before making the purchase, you can check online all the details of the budget: services, quantities, price, availability, charges, discounts, taxes and the total purchase. Prices may change daily as long as the order is not placed.
Once the order is placed, the prices will be maintained whether the service is available or not.
Any payment made to the PROVIDER involves the issuance of an invoice in the name of the registered USER or the company name that the USER provided at the time of placing the order. This invoice will be sent in paper format together with the product purchased, as well as in PDF to the email address provided by the USER, provided that they have given their express consent to do so, informing them that they can revoke this consent at any time by communicating it to the PROVIDER by any of the means made available to them.
Any payment made to the PROVIDER involves the issuance of an invoice in the name of the registered USER or the company name that the USER provided at the time of placing the order. This invoice will be delivered in paper format at the time the service is provided. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that at any time you can revoke this decision.
For any information about the order, the USER may contact the PROVIDER's customer service number... or via email to the address...
9. TRANSPORT COSTS
There are no transportation costs.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and provides the following ways to make the payment of an order:
Credit card
Transfer
The USER may use a discount coupon at the time prior to the completion of the purchase if they have received it from the PROVIDER.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, that may or has the potential to damage their good will or negatively influence them.
The following activities are prohibited under card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards.
11. BUYING PROCESS
Basket (budget simulation)
Any service from our catalog can be added to the cart. In this one, only the selected services, the quantity, the price and the total amount will be observed. Once the basket has been saved, taxes, charges and discounts will be calculated based on the data entered.
The baskets have no administrative connection, it's just a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the following steps for its correct formalization:
1. - Verification of billing information.
2. - Verification of the method of providing the service (download, activation...).
3. - Selection of the payment method.
4. - Place the order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the placing of the order.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the order status and the approximate download and/or activation date.
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are found to be illegal, void, or for any reason unenforceable, this condition will be considered severable and will not affect the validity and enforceability of any of the remaining conditions.
INNOCARD SOLUTIONS may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.
When INNOCARD SOLUTIONS exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or remedy that may be available to INNOCARD SOLUTIONS.
13. GUARANTEES AND RETURNS
The guarantees will respond to the provisions of the Title referring to “Guarantees and after-sales services” of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access by clicking here
If you want to customize this section, you must verify that the wording complies with what is regulated in the title of GUARANTEES AND AFTER-SALES SERVICES of Legislative Decree 1/2007.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation where not expressly established. Any dispute that may arise over the provision of the products or services subject to these Conditions will be submitted to the courts and tribunals of the USER's domicile, at the place where the obligation is fulfilled or whoever the property is located if it were immovable.
