GENERAL TERMS AND CONDITIONS
Introduction
This contractual document will govern the General Conditions for contracting services (hereinafter, "Conditions") through the marketplace https://almaslocales.com/, owned by Almas Locales Slow Tourism S.L. under the trademark Almas Locales Slow Tourism, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions will remain published on the website available to the USER for reproduction and storage 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, as those in force at the time of placing orders will be applicable.
Contracts shall not be subject to any formality except as expressly provided for 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 comprehend the above.
- A person with sufficient capacity to contract.
- It assumes all the obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the retailer is responsible for and is aware of the legislation in force in 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 purchased prior to the modification.
Identity of the contracting parties
PROVIDER: intermediary between the SUPPLIER and the USER of the services published in the marketplace.
• Almas Locales Slow Tourism S.L., with registered office at Domenec Marti I Julia, 58-1 - Cornella De Llobregat - 08940 (Barcelona), CIF B56625486.
PROVIDER: seller of services to the USER, published in the PROVIDER's marketplace.
USER: buyer of the products published on the marketplace.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual purchase and sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product or service.
Recruitment procedure
The USER, in order to access the services offered by the PROVIDER, must be of legal age. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and the Privacy Policy of this website.
We inform you 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:
- General terms and conditions.
- Dispatch and delivery of orders.
- Right of withdrawal.
- Complaints and online dispute resolution.
- Force majeure.
- Jurisdiction.
- Generalities of the offer.
- Price and period of validity of the offer.
- Method of payment, costs and discounts.
- Purchasing process.
- Dissociation and suspension or termination of the - contract.
- Warranties and returns.
- Applicable law and jurisdiction.
1. GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies 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 marketplace platform offers the service of putting in contact OFFERS, not being responsible for the products and/or services offered by the external SUPPLIERS since, according to EU Directive 2000/31/CE:
- It acts solely as an intermediary between the PROVIDER and the USER, acting as a "meeting point" or "data host".
- There is no effective knowledge of the activity or information displayed by the SUPPLIERS, in the PROVIDER's marketplace or elsewhere, whether it is lawful or not, or whether it harms property and rights of a third party liable for compensation.
The service allows the USER to register on the marketplace, to contact the SUPPLIERS to place orders for services and to communicate with each other using a messaging tool made available to them.
2. DISPATCH AND DELIVERY OF ORDERS
The PROVIDER will not activate any service until it has verified that payment has been made.Once payment has been confirmed and the booking has been made, the service shall be deemed to have been provided.
Failure to perform the contract remotely
In the event that the contract cannot be executed because the contracted service is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER with regard to the refund of the total amount, the USER may claim payment of double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount.
The PROVIDER shall not assume any responsibility when the delivery of the service does not take place due to false, inaccurate or incomplete data provided by the USER.
In the event that the contract does not entail the physical delivery of any product, but rather the activation of services, the PROVIDER will previously inform the USER of the procedure to be followed to activate the services.
3. RIGHT OF WITHDRAWAL
The USER has a period of fourteen (14) calendar days, counted from the date of conclusion of the purchase contract if it is a provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise 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 shall not apply to the contracts referred to and listed in article 103 of RDL 1/2007. Therefore, the right of withdrawal is excluded for the following reasons:
- Service already started and loss of the right of withdrawal once it has been fully executed.
Any intention on the part of the USER to withdraw must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by e-mail to info@almaslocales.com, indicating the corresponding invoice or order number.
WITHDRAWAL FORM
(You should only complete and send this form if you wish to withdraw from the contract or service contracted).
- Attn: (here you should insert the name of the company, full address and, if available, telephone, fax and e-mail numbers):
- I/We hereby inform you (*) that I/We hereby withdraw from my/our (*) contract for the sale of the following good/provision of the following service (*).
- Ordered on/requested on (*).
- Name and address of the consumer(s) and user(s).
- Date and signature of the consumer(s) and user(s).
CANCELLATIONS
Bookings made are non-refundable, as the service is already considered activated. If the USER wishes to make use of any cancellation option, he/she must pay an additional 20 euros to the reservation.
In this respect, a number of conditions relating to the cancellation option apply:
- If the USER cancels the reservation more than 15 calendar days before the start date of the reservation, 100% of the reservation will be refunded minus the 20 euros paid as a cancellation option.
- If USER cancels the reservation between 15 and 7 calendar days before the start date of the reservation, he/she will be charged 50% of the total value of the reservation and the 20 euros paid as a cancellation option.
- If the USER cancels the booking less than 7 calendar days before the start date of the booking, no refund will be given.
In the event of force majeure or special conditions (serious accident, death, etc.), the USER will be refunded 100% of their booking minus the 20 euros paid as a cancellation option.
In case of overbooking, the PROVIDER commits to taking the following actions whenever possible:
1. Offer another available accommodation of equal or superior category, located in the same area.
2. Refund the total amount of the reservation if the client does not accept the change or if the change is not possible.
4. ONLINE COMPLAINTS AND DISPUTE RESOLUTION
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: Almas Locales Slow Tourism S.L., Domenec Marti I Julia, 58-1 - Cornella De Llobregat - 08940 (Barcelona)
Mail: info@almaslocales.com
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order 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 shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.
6. COMPETENCE
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions is held to be invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, and shall not be modified in any way.
The USER declares that he/she has read, knows and accepts these Conditions in their entirety.
7. 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 Almas Locales Slow Tourism S.L. or to what is stipulated herein, will have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements will prevail.
Due to continuous technical developments and product improvements, the PROVIDER reserves the right to modify its specifications with regard to the information provided in its advertising, as long as this does not affect the value of the products offered. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the products offered is affected.
The PROVIDER may, without prior notice, suspend or terminate the USER's or PROVIDER's access to its services, in whole or in part, for any valid reason, including, without limitation, where the USER or PROVIDER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.
8. PRICE AND PERIOD OF VALIDITY OF THE TENDER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each service are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making your purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order has been placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER shall entail the issuance of an invoice in the name of the USER or the company name provided by the USER at the time of placing the order of the host party to the guest. The PROVIDER may issue invoices to suppliers. Invoices, in any case, will be sent at the time of confirmation of the purchase or booking.
For any information about the order, the USER may contact us by e-mail at info@almaslocales.com.
9. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and offers the following methods of payment for an order:
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of 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 programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
10. PURCHASING PROCESS
Basket (budget simulation)
You can add any product from our catalogue to your basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.
The baskets do not have any administrative link, 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 steps below for its correct formalisation:
- Verification of invoicing data and supplier data.
- Selection of the method of payment.
- Place the order (buy).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department and another to the USER's e-mail confirming that the order has been placed.
11. UNBUNDLING AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that condition shall be deemed severable and shall 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 with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
12. WARRANTIES AND RETURNS
The guarantees shall comply with the provisions of the Title referring to "Guarantees and after-sales services" of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
13. GOVERNING LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER's domicile.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information, please refer to clause "4. CLAIMS AND ONLINE DISPUTE RESOLUTION" of these Terms.