General conditions

General conditions. Hiring LSSICE CONDITIONS OF USE AND PURCHASE www.ponturecarga.com


This document (together with all the documents mentioned therein) establishes the conditions governing the use of this website (www.ponturecarga.com) and the purchase of products therein (hereinafter, the "Conditions") ). We kindly ask you to read these Conditions, our Legal Notice, Privacy Policy and Cookies Policy carefully before using this website. By using this website or placing an order through it you agree to be bound by these Terms and our Privacy Policy, so if you do not agree with all the Conditions you should not use this website. These Conditions may be modified. It is your responsibility to read them periodically, as the conditions in force at the time of conclusion of each Contract (as it is defined below) or in the absence of this, at the time of use of the website will be those that are applicable . If you have any questions related to the Conditions or the Data Protection Policy, you can contact us through our contact form.


2. OUR DATA

The sale of articles through this website is done under the name HUMBERTO CARLOS HERNÁNDEZ MANNERS, self-employed with address at C. Calabria, 125 -5º3ª, 08015 Barcelona, ​​(Barcelona)


3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data you provide about you will be treated in accordance with the provisions of the Privacy Policy. By using this website you consent to the processing of said information and data and declare that all the information or data that you provide us are true and correspond to reality.


4. USE OF OUR WEBSITE

By using this website and placing orders through it, you agree to:

  1. Make use of this website only to make queries or legally valid orders.
  2. Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the pertinent authorities.
  3. Provide us with your email address, postal address and / or other contact information in a truthful and accurate manner. Also, you agree that we may use this information to contact you if necessary. If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.


5. HOW THE CONTRACT IS FORMALIZED

To place an order, you must follow the online purchase procedure. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will be formalized only when we send you the "Order Confirmation".


6. RESPONSIBILITY AND EXEMPTION OF LIABILITY

Except as expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product. However, the foregoing, our liability is not excluded or limited in the following cases: i. In case of death or personal injury caused by our negligence; ii. In case of fraud or fraudulent falsehood; or iii. In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability. Notwithstanding the provisions of the preceding paragraph and to the extent legally permitted, and unless otherwise provided in these Conditions, we will not accept any responsibility for the following losses, regardless of their origin: i. loss of income or sales: ii. loss of business; iii. loss of profit or loss of contracts; iv. loss of anticipated savings; v. data loss; and I saw. loss of management time or office hours Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained by means of of this web page unless it is expressly stated otherwise in it. All descriptions of products, information and materials that appear on this website are provided "as a true body" and without express or implied warranties on them except those established by law. In this sense, if you contract as a consumer and user, we are obliged to deliver items that are in accordance with the Contract, responding to you of any lack of conformity that exists at the time of delivery of the product. It is understood that the products are in accordance with the Contract provided that (i) they conform to the description made by us and have the qualities that we have presented on this web page, (ii) are suitable for the uses to which the products are ordinarily intended of the same type and (iii) present the usual quality and benefits of a product of the same type that are reasonably expected. To the extent permitted by law, we exclude all warranties, except those that can not be legitimately excluded from consumers and users. The provisions of this clause will not affect your rights as a consumer and user, nor your right to withdraw from the Contract.


7. INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, registered trademark and other intellectual property rights over the materials or content provided as part of the website correspond to us at all times or to those who granted us a license for its use. You may make use of such material only in the form in which we expressly authorize it or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact information.


8. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically harmful or harmful. You will not try to have unauthorized access to this web page, to the server in which said page is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack. Failure to comply with this clause could entail the commission of infractions typified by the applicable regulations. We will report any breach of this regulation to the competent authorities and cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website. We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other program or material that is technologically damaging or harmful to your computer, computer equipment, data or materials as a result of using this website or of the download of contents of the same or those that it redirects.


9. LINKS FROM OUR WEB PAGE

In the event that our website contains links to other web pages and third-party materials, these links are provided for informational purposes only, without our having any control over the content of such web pages or materials. Therefore, we accept no responsibility for any damage or loss arising from its use.


10. WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that we send to you be in writing. By using this website, you agree that most of those communications with us are electronic. We will contact you by email or we will provide information by posting notices on this web page. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.


11. NOTIFICATIONS

The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send communications either to the e-mail or to the postal address provided by you at the time of placing an order. It will be understood that notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after sending an email, or three days after the date of postage of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was properly sealed and that it was duly delivered in the mail or in a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.


12. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract is binding both for you and for us, as well as for our respective successors, assignees and assignees. You may not transfer, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it, without having obtained our prior written consent. We may transfer, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, as the case may be, you, as a consumer, have been recognized by law or will annul, reduce or limit in any other way the guarantees, both express and implied. , that we could have granted him.


13. EVENTS OUTSIDE OF OUR CONTROL

We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a Contract, whose cause is due to events that are beyond our reasonable control ("Force Majeure"). Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following: i. Strikes, lockouts or other industrial action. ii. Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or war preparations. iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. iv. Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private. v. Inability to use public or private telecommunication systems. saw. Acts, decrees, legislation, regulations or restrictions of any government or public authority. vii. Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport. It will be understood that our obligations arising from Contracts will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to fulfill our obligations under the Contract despite the Cause of Force Majeure.


14. WAIVER

The lack of requirement on our part of the strict compliance on your part of any of the obligations assumed by you under a Contract or of these Conditions or the lack of exercise on our part of the rights or actions that could correspond to us of said Contract or the Conditions, shall not imply any waiver or limitation in relation to said rights or actions nor shall it exempt you from complying with such obligations. No waiver on our part of a right or concrete action will imply a waiver of other rights or actions derived from the Contract or the Conditions. No waiver by us of any of these Conditions or rights or actions arising from the Contract shall take effect, unless it is expressly established that it is a waiver and formalized and communicated to you in writing in accordance with the provisions of the section of Notifications above.


15. PARTIAL NULLITY

If any of these Conditions or any provision of a Contract were declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.


16. COMPLETE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the purpose of the same and supersede any other agreement, agreement or previous promise agreed between you and us verbally or written. You and we acknowledge having consented to the execution of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations conducted by the two before said Contract, except that which is expressly mentioned in these Conditions. Neither you nor we shall have any action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless that fraudulent statement was made uncertain) and the only action available to the another part will be for breach of contract in accordance with the provisions of these Conditions.


17. OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to review and modify these Conditions at any time. You will be subject to the policies and Conditions in force at the time you use this website or make each request, unless by law or decision of government agencies we should make changes retroactively in those policies, Conditions or Privacy Statement, in whose case, the possible changes will also affect the orders that you had previously made.


18. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and product purchase agreements through said website will be governed by Spanish legislation. Any controversy that arises or relates to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are hiring as a consumer, nothing in this clause will affect the rights that are recognized by current legislation.


19. COMMENTS AND SUGGESTIONS

Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our contact form. In addition, we have official claim sheets available to consumers and users. You can request them by calling 673223902 or through our contact form. ANNEX: Form of withdrawal form (you only have to fill in and send this form if you wish to withdraw from the contract) To the attention of HUMBERTO CARLOS HERNÁNDEZ MANNERS I hereby inform you that I am withdrawing from my contract of sale of the following property: Order number: Name of the consumer: Address of the consumer: Signature of the consumer (only if the present form is presented on paper) Date:


20. CANCELLATION AND RETURNS

We want to make sure you get what you pay for! If you have entered a correct number but the recharge fails, you will receive a refund. You can also request a refund if you ask for a code that is temporarily out of stock. If you have entered an incorrect number, but it is a valid one from another person, unfortunately we can not refund that money to you. The same thing happens when you ask for a code for the wrong operator or country. We can not check if the code has been used or will be used in the future, so it is not possible to request a refund. Always make sure you enter the correct phone number and / or acquire a code for the correct operator and country. In summary: if something goes wrong on our part but still the payment is successful, we will reimburse the total amount.