E-COMMERCE (SERVICES)
General contract conditions
Introduction
This contractual document will govern the General Conditions for contracting services (hereinafter, “Conditions”) through the website www.escapis.cat, property of EGAMECOURT, SL under the trademark of ESCAPIS, in hereinafter, PROVIDER, whose contact information also appears in the Legal Notice of this Website.
These Conditions will remain published on the website available to the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. Is It is the responsibility of the USER to read them periodically, since those that are in force will be applicable at the time of placing orders.
The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
- Acceptance of this document means that the USER:
- You’ve read, you understand and you’re agree with this text.
- It is a person with sufficient capacity to hire.
Assume all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through through the PROVIDER’S website.
The PROVIDER informs that the business is responsible and knows the current legislation, and reserves the right to unilaterally modify the conditions, without this 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 EGAMECOURT, SL, with registered office at C/ del Nord, 6 (Local 5 bx) – 17001 Girona, NIF B55355317 and with customer/USER service telephone number 699 957632.
And on the other hand, the USER, registered on the website using a username, for which he or she has responsibility.
full of 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 sales relationship born between the PROVIDER and the USER at the time the USER accepts the corresponding box during the online contracting process. The contractual sales relationship entails the delivery, in exchange for a specific price and publicly displayed through the website, of a specific service.
Data rectification
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify the email egamecourt@gmail.com so that EGAMECOURT, SL can correct them as soon as possible.
The USER may keep their data updated by accessing their user account.
Hiring procedure
The USER, in order to access the services offered by the PROVIDER, must be of legal age and register through the website by requesting the form. Therefore, the USER must provide freely and voluntarily the personal data that will be required, which will be treated in accordance with the provisions of the Regulation (EU) 2016/679, of April 27, 2016 (GDPR), relating to the protection of natural persons in what regards the processing of personal data and the free circulation of these data and Organic Law 3/2018, of 5 December (LOPDGDD), relating to the protection of personal data and detailed in the Legal Notice and the Policy privacy of this website.
The USER will select a username, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or the possible access by an unauthorized third party, so that it proceeds to immediate blocking.
Once the user account has been created, you are informed that in accordance with the requirements of article 27 of the Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the procedure for Hiring will follow the following steps:
- General contracting clauses.
- Activation of services.
- Right of withdrawal.
- Claims and online dispute resolution.
- Force majeure.
- Competition.
- Generalities of the offer.
- Price and validity period of the offer.
- Transportation costs.
- Payment method, expenses and discounts.
- Purchase process.
- Dissociation and suspension or termination of the contract.
- Guarantees and returns.
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING 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.
2. SERVICE ACTIVATION
THE PROVIDER will not activate any service until it has verified that payment has been made.
As the order does not entail the physical delivery of any product, the contracted services being downloaded or activated directly from the Website, the PROVIDER will inform the USER in advance regarding the procedure that must be followed to carry out this download or activation.
Failure to execute the remote contract
In the case of the provision of a service, this will be available from the moment the USER has payment has been made and it may be downloaded or activated according to the PROVIDER’s conditions.
In the event that the contract does not entail the physical delivery of any product, but rather a download activation in a website, the PROVIDER will inform the USER in advance regarding the procedure that must be followed to carry out this download.
In the event of not being able to execute the contract because the contracted service is not available within the expected period, will inform the USER of the lack of availability and that they will be entitled to cancel the order and receive the refund of the total amount paid without any cost, and without resulting in any liability for damages and damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER regarding the return of the total amount, the USER may claim to be paid double the amount owed, without prejudice to your right to be compensated for damages and damages suffered in excess of said amount.
The PROVIDER will not assume any responsibility when the download or activation of the service is not carried out, because the data provided by the USER is false, inaccurate or incomplete.
The provision of the service will be considered carried out at the moment in which the USER has downloaded or activated the service.
3. RIGHT OF WITHDRAWAL
Withdrawal form: https://www.escapis.cat /formulario-solicitud-desistimiento.pdf
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 and sale 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, by which approves the consolidated text of the General Law for the Defense of Consumers and Users and other laws complementary, 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 its exercise will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007, and that are listed here Any return must be communicated to the PROVIDER, requesting a return number using the form enabled for this purpose, or by email to egamecourt@gmail.com, indicating the invoice or order number correspondent.
In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of …..€ to the USER, previously informing it 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 transportation costs at your expense, at the address of EGAMECOURT, SL, C/ del Nord, 6 (Local 5 bx) – 17001 Girona.
4. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be attended to as soon as possible, and may made at the following contact addresses:
Postal: EGAMECOURT, SL, C/ del Nord, 6 (Local 5 bx) – 17001 Girona
Telephone: 699 957632
Email: Egamecourt@gmail.com
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 intermediary between both. 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 incur liability for any failure due to a major cause. Fulfillment of the obligation It will be delayed until the force majeure case ceases.
COVID-19: If due to mobility restrictions or another reason referring to the norms consolidated in the code of the COVID-19 the USER cannot receive the service, the registration amount will be fully refunded or they will have the possibility of using your 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 provision of these conditions is considered null or impossible to comply with, the validity, legality and compliance with 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.
7. GENERALITIES OF THE OFFER
All sales made by the PROVIDER will be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of EGAMECOURT, SL or to what is herein stipulated, will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these agreements particulars will prevail.
Given the continuous technical advances and improvements in services, the PROVIDER reserves the right to modify its specifications regarding the information provided in your advertising, until it does not affect the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each service include Value Added Tax (VAT) or others taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, wrapping, shipping insurance or any other services additional and annexes to the purchased service.
The prices applicable to each service are those published on the website and will be expressed in EURO currency. He USER assumes that the economic valuation of some of the services may vary in real time.
Before making the purchase you can check all the details of the quote online: services, quantities, price, availability, charges, discounts, taxes and the purchase total. Prices may change daily while the order is not placed.
Once the order is placed, prices will be maintained whether the service is available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the reason social that he has informed at the time of placing the order. This invoice will be sent in paper format along with the purchased product, as well as in PDF to the email address provided by the USER, as long as when you have given your express consent to do so, informing you that you may revoke said consent at any time at any time by communicating it to the PROVIDER by any of the means made available to you.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the reason social that he has informed at the time of placing the order. This invoice will be delivered in paper format to the time of providing the service. You can download the invoice in PDF format by accessing the website management panel with the user account. If you want to receive it by email, you must request it through any of the the means that the PROVIDER puts at your disposal, informing you that at any time you may revoke said decision.
For any information about the order, the USER may contact the customer service telephone number of the PROVIDER 699 957632 or via email to egamecourt@gmail.com.
9. TRANSPORTATION EXPENSES
There are no transportation costs.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and makes possible the following ways to carry out the payment.
payment of an order:
- Credit card
- Stripe
The USER may use a discount coupon at the time prior to completing the purchase in case of having received it from the PROVIDER.
Security measures
The website uses generally accepted information security techniques in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purposes of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the brands of credit cards 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 Owner of the card or cards.
11. PURCHASE PROCESS
Basket (budget simulation)
Any service from our catalog can be added to the cart. In this, only the services will be observed selected, the quantity, the price and the total amount. Once the basket has been saved, the taxes will be calculated charges and discounts according to the data entered.
The baskets do not have any administrative connection, it is only 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:
- – Checking billing information.
- – Checking the service delivery method (download, activation…).
- – Selection of the payment method.
- – Place the order (buy).
Once the order is processed, the system instantly sends an email to the order management department PROVIDER and another to the USER’s email confirming the placement of the order.
Orders (purchase requests)
In a maximum of 24 hours, on business days, an email will be sent to the USER confirming the status of the order and the approximate download and/or activation date.
12. DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are deemed 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 ESCAPIS 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 USER fails to comply or follow any of the obligations set forth in this document or any legal provision, license, regulation, directive, code of applicable usage practices or policies.
When ESCAPIS exercises any of its rights or powers under this Clause, such exercise will not prejudice or will affect the exercise of any other right, power or resource that may be available to ESCAPIS.
13. GUARANTEES AND RETURNS
The guarantees will respond to what is regulated in the Title referring to “Guarantees and after-sales services” of the Royal Decree Legislative 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 personalize this section, you must check that the wording complies with what is regulated in the title of GUARANTEES AND AFTER-SALES SERVICES of Legislative RD 1/2007.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly stated. established. Any controversy that may arise from the provision of the products or services subject to these Conditions will be submitted to the courts and tribunals of the USER’s domicile, to the place of compliance with the obligation or the one in which the property is located if it were real estate.