Introduction
This contractual document will govern the General Conditions for contracting products or services (hereinafter, "Conditions") through the web volaood80.com, property of Jorge Antonio Ramírez Sarmiento under the trademark of VOLAOO D-80, hereinafter, PROVIDER, whose contact details also appear 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 responsibility of the USER to read them periodically, since those that are in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commerce Codes and in this or in other special laws.
The acceptance of this document implies that the USER:
- You've read, you understand and you're agree with this text.
- He is a person with sufficient capacity to contract.
- It assumes all the obligations set forth herein.
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 knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.
Identity of the contracting parties
PROVIDER: intermediary between PROVIDER and USER of the products or services published in the marketplace.
VOLAOO D-80 with registered office in LAS PALMAS and with customer/USER service telephone number +34 681 072159.
PROVIDER: seller of the products or services to the USER, published in the platform of the PROVIDER.
USER: buyer of the products published in the platform.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of purchase and sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a determined price and publicly displayed through the website, of a specific product or service.
Recruitment procedure
The USER, in order to access the products or 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, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal and detailed data in the Legal Notice and in the Privacy Policy of this website.
The USER will select a username and password, for which he will have full responsibility for use and custody, and will be responsible for the veracity of the personal data provided to the PROVIDER, undertaking to make diligent use of them and not make them available. of third parties, as well as to notify the PROVIDER of the loss or theft of the same or possible access by an unauthorized third party, so that it proceeds to the immediate blocking.
Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will continue the following steps:
- General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Online Claims and Dispute Resolution.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and period of validity of the offer.
9. Transportation costs.
10. Form of payment, expenses and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Governing Law and Jurisdiction.
GENERAL CONTRACT CLAUSES
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.
This platform offers the service of RESERVATION and sale of activities and/or products, charging, electronically, an amount for each purchase-sale process carried out under the General Conditions set forth herein.
SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not manage any order or reservation until it has verified that the payment has been made.
The provision of the service will be limited to factors such as the availability of the day or time, the equipment of the users, their physical condition or the state or situation of the weather.
Lack of execution of the distance contract
In case of not being able to execute the contract because the contracted product or service is not available within the stipulated 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 without any cost, and without this deriving any liability for damages attributable to the PROVIDER.
In case of unjustified delay on the part of the PROVIDER regarding the return of the total amount, the USER may claim that he be paid double the amount owed, without prejudice to his right to be compensated for the damages and losses suffered in excess of said amount.
The PROVIDER will not assume any responsibility when the delivery of the product or service is not carried out, because the data provided by the USER is false, inaccurate or incomplete.
RIGHT OF WITHDRAWAL
The USER has a period of fourteen calendar days, counted 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 the Article 102 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, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the term for its exercise will end twelve months after the expiration date of the initial withdrawal period, in accordance with the article 105 of RDL 1/2007.
The right of withdrawal will not be applicable to the contracts referred to and listed in the article 103 of RDL 1/2007, and that are related here
All returns must be communicated to the PROVIDER, by email to [email protected], indicating the corresponding invoice or order number.
In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of the packaging to the USER, previously informing it through the same communication channel used.
CLAIMS AND DISPUTE RESOLUTION ONLINE
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Telephone: +34 681072159
Mail: [email protected]
Online dispute resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, 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, finally being able to suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
FORCE MAJEURE
The parties will not incur responsibility for any fault due to a major cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
COMPETENCE
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 null 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 Conditions in their entirety.
GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of VOLAOO D-80 or what is stipulated herein, will take effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
PRICE AND VALIDITY TERM OF THE OFFER
The prices indicated for each product include the IGIC or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services attached to the product or service purchased.
The prices applicable to each product 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 products may vary in real time.
Before making the purchase you can check online all the details of the budget: items, quantities, price, availability, transportation costs, 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 there is availability of products or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the latter has informed at the time of placing the order. This invoice will be sent together with the purchased product. 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 you may revoke said decision at any time.
For any information about the order, the USER may contact the PROVIDER's customer service phone number +34 681072159 or via email at [email protected]
TRANSPORTATION EXPENSES
The prices published in the store do not include shipping or communication costs, or installation or download costs, or complementary benefits, unless expressly agreed in writing to the contrary.
The postage will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.
FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and enables the following ways to pay for an order:
- Credit card
- bizum
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 the data. To achieve these purposes, the user/client accepts that the provider obtain 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, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the 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 Cardholder(s).
PURCHASING PROCESS
Basket (budget simulation)
Any product from our catalog can be added to the basket. In this, only the items, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative link, it is just a section where you can simulate a budget without any commitment from both parties.
From the basket you can place an order by following the steps below for its correct formalization:
- – Verification of billing information.
- – Verification of the shipping address.
- – Selection of payment method.
- – 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 completion of the order.
Orders (purchase requisitions)
In a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order and the date of shipment and/or approximate delivery.
DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are found to be unlawful, void, or for any reason unenforceable, this condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the contract when the USER fails to comply or follow any of the obligations established in this document or any legal provision, license, regulation, directive, code of practices or applicable use policies.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not harm or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
GUARANTEES AND RETURNS
The guarantees will respond to what is regulated in 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
APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services subject to these Conditions.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between the two in accordance with Art. 14.1 of Regulation (EU) 524/ 2013, without the need to resort to the courts of justice. For more information, see clause "4. CLAIMS AND RESOLUTION OF DISPUTES ONLINE of these Conditions.
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