TERMS OF SALE

 

 

1. GENERAL INFORMATION

 

Ponturecarga LLC, with address in

1209 Mountain Road PL NE STE N

Albuquerque, NM 87110

, and valid, ("PONTURECARGA") makes available to all users the possibility of contracting the products and/or or services through the website ponturecarga.com (“Website”).

 

The contracting of products and/or services through the Website is subject to these Conditions of Sale (hereinafter, "Conditions of Sale"), as well as the other legal texts mentioned here.

 

Along with these Conditions of Sale, the User declares to have read the Legal Notice and the Conditions of Use, as well as the Privacy Policy and Cookies Policy of the Website, being bound by them, so if you do not agree however, you should not use this Website.

 

 

The marking of the box of acceptance of these Conditions of Sale by the User during the contracting of the Service and/or Product implies the acceptance by the User of the same.

 

2. DESCRIPTION OF THE SERVICE AND PURPOSE OF THE CONTRACT

 

PONTURECARGA's main activity is to make available to its Users the services of purchase of balance or mobile telephone data ("recharge") and the purchase of prepaid cards ("Gift Cards") (together, the "Products" or " Services").

 

Thus, PONTURECARGA has a Website through which different mobile phone operators and third parties (the "Suppliers"), with whom PONTURECARGA has a commercial agreement, offer Recharge and Gift Card products and/or services.

 

The User has the possibility of requesting the acquisition of products and/or services from these Providers through the mandate conferred to a third party when requesting the products and/or services through the Website, in which cases PONTURECARGA acts as a mere intermediary and by therefore, it cannot and does not assume any responsibility for the quality of the products or the correct provision of the services offered directly by the Providers. The use of the balance is subject to the conditions established by each Provider. Once the products and/or services have been contracted through the Website, the User will establish an agreement with the Provider.

 

3. USER

 

For the purposes of the Conditions of Sale, any visitor who accesses, browses and uses the Website from the moment of entry, navigation and/or use until the end of the purchase process detailed below ("User").

 

The User assumes responsibility for the correct use of the Website, consisting of:    

           

• Make use of this Website only to make legally valid inquiries and purchases or contracts. 

 

• Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities would be informed.

 

• Provide truthful and lawful contact information.

 

The User, both in the case of performing the service for himself or for a third party over whom he has his guardianship -who may be a minor-, declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

 

 

4. ACCESS AND REGISTRATION

 

Access and consultation of the products and/or services published on the Website is free and free of charge, and user registration is not necessary.

Similarly, in order to start the contracting process for the products and/or services displayed on the Website, it is essential that users register as a User, following the instructions provided below.

 

4.1 Requirements to register as a User

 

It is an essential requirement to be able to register as a User to be over eighteen (18) years of age and to provide, through the form provided by PONTURECARGA through the Website, all the required data. The registered User assumes that his User account is personal and non-transferable.

During the registration process, PONTURECARGA will send an OTP code –One Time Password– through an SMS message to the telephone number indicated by the User, as an authentication and identity verification system. The User must indicate in the space provided for this purpose the code to be able to continue with the registration process as a User, if the code is valid, the system will allow him to create the profile as a User in this step.

Likewise, before registering as a User, he must read and expressly accept the Legal Notice and Conditions of Use and the Privacy Policy, as well as accept if he wants to receive commercial information from PONTURECARGA, by marking the corresponding boxes provided for this purpose. .

Every registered User will have an access password, which will be, in any case, personal, non-transferable, will have a limited temporary validity and must meet minimum length and security requirements. The User may modify or recover said password at any time, following the procedure provided on the Website. In no case will PONTURECARGA know said password, which will remain encrypted in the PONTURECARGA systems.

By virtue of the foregoing, it is the user's obligation to immediately notify PONTURECARGA of any fact that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to its immediate cancellation. While such facts are not communicated, PONTURECARGA will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.

 

4.2 Unsubscribe as a registered User

 

The legal relationship derived from the registration as a User of the Website has an indefinite duration. Either party may terminate or suspend this contractual relationship unilaterally at any time and for no other reason than their will in that regard, without prejudice to the obligations arising from the formalization of orders prior to the termination of the relationship. To carry out the cancellation, the User must send an email to the following email address  info@ponturecarga.com. The User may unilaterally exercise the right of termination through the account cancellation process.

In any case, once the cancellation has been made, the User may request a new registration, except for the power of the provider not to accept said registration in the specific cases specified in the clause called "Rules of Use of the Website" contained in the "Legal Notice and Conditions of Use" or in case of conflict or controversy between the parties, which is yet to be resolved or which has ended with the acknowledgment of fault or negligence of the user and/or damage to PONTURECARGA, its collaborators and associates. or to its users, clients or potential clients.

 

5. ELECTRONIC CONTRACTING PROCESS

 

All the information related to the products and/or services offered by PONTURECARGA will be published through the Website, indicating the information regarding each one of them.

The contracting procedure for products and/or services is carried out electronically through the Website. The complete procedure that must be followed by all duly registered Users who wish to contract the products and/or services through the Website will be as follows:

 

1. 1. In order to proceed with the contracting of the products and/or services offered, the User must fill in the data requested on the Website.

 

1. Recharge service: The User must indicate:

 

1. 1. The phone number you want to recharge, the country and the telephone operator.
   2. The amount of the recharge.

 

2. Gift Card Service: The User must indicate:

 

1. 1. The phone number of the recipient of the gift card
   2. The gift card operator
   3. The amount of the gift card

 

1. 2. The User will see a detailed summary of his order for his review, which includes:

 

• Description of the products and/or services
• Unit value
• Units
• Subtotal
• Total to pay

 

1. 3. [Before confirming the order, the User must read and expressly accept these Conditions of Sale (as well as the legal texts mentioned in them), and the Privacy Policy, by marking the corresponding box provided for this purpose]. If the acceptance box is not checked, the Website will not allow the User to continue with the contracting process.

 

1. 4. Subsequently, the User must select the payment method that he wishes to use. As a payment system for your order, the User will use one of the payment methods established by PONTURECARGA on the Website. The payment options currently accepted on the Website are payment with "cryptocurrency”, with "card” or with "wallet”.

 

1. 5. The order will be processed once the User clicks on the payment button indicated in each of the above cases.

 

1. 6. Once the purchase has been made, the User [will receive an email confirming that PONTURECARGA has received his order or purchase request, that is, the order confirmation, in which a summary will be provided, with all the characteristics of the sale made. Where appropriate, this information could also be made available to the User through their personal connection space to the Website]

 

1. 7. [Once the purchase procedure has concluded, the User consents that the Website generates an electronic invoice that will be sent to the User via email, and where appropriate, through their personal connection space to the Website. In case of not receiving said email, the User must check their “junk mail” or “spam” tray and, if it is not in that section, they must notify PONTURECARGA as soon as possible so that the problem can be solved. incident]

 

The User knows that PONTURECARGA shows him for his interest a series of services that it does not provide to the Users directly, but that will be contracted and provided by the Providers. In this sense, the User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the products and/or services in question and that are the responsibility of the Suppliers.

Likewise, by virtue of the foregoing, the User acknowledges that the execution of the purchase order or acquisition of the products and/or services materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of PONTURECARGA in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the current laws and regulations that are applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons in regarding the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist the Users in accordance with the privacy policy of this Website.

 

6. ELECTRONIC CONTRACTING

 

The contract between PONTURECARGA and the User is understood to be perfected from the moment the User completes the contracting procedure by pressing the "Payment" button through the service selected in each case, it being understood that the monitoring of all phases of the contracting procedure Electronic information and the inclusion of all the requested data suppose, together with the marking of the corresponding box regarding the acceptance of these Conditions of Sale, a direct manifestation of the User's will to accept them.

PONTURECARGA will file the electronic document in which this contract is formalized. Said electronic document will be accessible to the User through the link that will be provided by email, from where they can download and print it and where they can access these Conditions of Sale and, where appropriate, through their personal connection space to Website.

 

7. AVAILABILITY

 

All purchase orders received by PONTURECARGA through the Website are subject to changes and the availability of the products and/or services of the Suppliers. PONTURECARGA acts only as an intermediary. The Provider is responsible for the User being able to use the recharge balance or the Gift Cards.

 

8. PRICE AND METHOD OF PAYMENT

 

All prices shown on the Website are final prices of the products and/or services. These prices will be displayed in the currency selected by the User and may vary depending on the currency chosen. When an exchange rate is applied, the actual amount that will be charged to the User may vary because the exchange rate of PONTURECARGA's payment processors may vary slightly at the time of settlement.

Likewise, in the event that the final price changes due to increases or discounts that are applicable, expenses passed on to the User and/or additional expenses for products and/or accessory services, means of payment, etc., all these amounts will be shown. to the User in an itemized manner and prior to payment during the contracting process.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The payment of the Product or Service will be made through "Cryptocurrencies”, "Card” or "Wallet”.

 

To proceed with the payment with Cryptocurrencies, PONTURECARGA will make the CoinGate payment gateway available to the User. Through said platform, the User will be shown a list of cryptocurrencies that can be used to pay for the Services and/or Products. CoinGate will calculate the price of the Services and/or Products in the selected cryptocurrency and will provide a payment window for the User.

[PONTURECARGA uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer)].

To proceed with the card payment, the User must follow each and every one of the instructions indicated at the time of purchase, providing the following information: Full name of the holder, card number, expiration date of the card, code security of the card or any other that is required during the purchase process. The User undertakes not to provide false information, including names, addresses and/or contact or payment details, as well as not to initiate any illegal activity in connection with the purchase and not to allow anyone to do so.

Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, neither PONTURECARGA nor the Suppliers will be responsible for any delay or lack of delivery and may not formalize any contract with the user.

Once PONTURECARGA receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the shipping confirmation is sent to the User.

 

On the other hand, PONTURECARGA will provide the User with the payment method through a wallet, from which the User will be able to manage their money virtually and make payments in a simple way on the Website. In this sense, the User may add balance to said wallet through payment by card or through Cryptocurrencies through the CoinGate Payment Platform, all of which may be managed through their personal connection space to the Website.

In any case, by clicking on "Payment" the User confirms that the payment method used is his.

After receiving from the User a complete and correct request for the Services and/or Products, PONTURECARGA will charge the payment method that the User has provided and will forward an electronic request to the corresponding external provider (for example, a mobile phone operator). to provide the Services and/or Products for the amount transferred in favor of the recipient designated by the User.

 

The User authorizes PONTURECARGA to act after receiving an instruction to make a charge in the payment method that the User has provided through the Website that has been transmitted using his password and/or any other authentication or verification process of the identity that the User requires to use in relation to the Website. PONTURECARGA has no obligation to take other authentication or identity verification measures beyond those that PONTURECARGA deems appropriate and sufficient to protect the security and maintain correct use of the Website. The User alone is responsible for all charges made after successfully authenticating or verifying their identity.

 

9. DELIVERY

 

[PONTURECARGA sends the Service and/or Product through the corresponding third party (for example, a mobile phone operator) once the payment has been made correctly. Sometimes, there may be a short delay before the third party provides the Service and/or Product.].

 

10. RIGHT OF WITHDRAWAL AND CANCELLATION OF ORDERS

 

For recharges or prepaid cards, the User accepts and acknowledges that PONTURECARGA only acts with their authorization to send the Recharges or Prepaid Card and that the relevant Provider will only be responsible to the User and the recipient/beneficiary with regard to the provision of the services related to the Recharge or Prepaid Card. In the case of top-ups, once they have been sent to the recipient, they can be used immediately and therefore cannot be refunded or withdrawn. In order to prevent a Service and/or Product from being sent to the wrong phone or to the wrong place, PONTURECARGA asks the User to confirm that the recipient data they have provided is correct.

In this sense, the User acknowledges that he will lose the right to cancel the services once PONTURECARGA has completely carried them out. Therefore, you will not have the right to request any refund under the European Union regulation of 2013 on the rights of information, cancellation and other rights of the consumer.

 

11. RESPONSIBILITY OVER THE CONTENTS

 

PONTURECARGA guarantees that the contents, data or information related to the Services and/or Products offered on its Website are reliable, truthful and exact. However, PONTURECARGA will not be responsible for those contents, data or information that have been entered, displayed or modified by third parties unrelated to PONTURECARGA.

The photographs, texts, graphics, information or other content and characteristics reproduced that illustrate the Services and/or Products marketed by PONTURECARGA are merely illustrative, so they may vary. Notwithstanding the foregoing, PONTURECARGA will use its best efforts so that the description of the Services and/or Products is as accurate as possible to reality.

 

12. RESPONSIBILITY REGARDING THE CONTRACTING PROCESS

 

Both the User and PONTURECARGA undertake to comply with their legal and contractual obligations generated by virtue of this contract.

Unless otherwise provided by law, PONTURECARGA will not accept any responsibility for the following losses, regardless of their origin:

 

• any losses that were not attributable to any breach by you;

 

• business losses (including lost profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of

 

• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of products and/or services was formalized between both parties.

 

 Similarly, PONTURECARGA also limits its liability in the following cases:

 

• PONTURECARGA applies all measures related to providing a faithful display of the products and/or services on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or browser problems. that is used or others of this nature.         

 

• Technical failures that, due to fortuitous causes or of another nature, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. PONTURECARGA puts all the means at its disposal in order to carry out the purchase, payment and shipping/delivery process of the Services, however, it disclaims responsibility for causes that are not attributable to it, fortuitous event or force majeure. 

 

• In general, PONTURECARGA will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure.

 

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and PONTURECARGA will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. PONTURECARGA will use all reasonable means to find a solution that allows it to fulfill its obligations despite the cause of force majeure.

 

In all the aforementioned cases, beyond the control and due diligence of PONTURECARGA, the User will not be entitled to any compensation from PONTURECARGA for damages, direct or indirect, or for lost profits.

 

In the event of closure or suspension of the Website for reasons beyond the control of PONTURECARGA, and whenever possible, the User will be promptly informed of the transfer of the service to a new domain, only modifying the stipulations of these Conditions of Sale insofar as relative to the domain in which the Website remains active.

The User must ensure that all the instructions provided to PONTURECARGA through the Website will be exact, complete and true. In particular, the telephone number to which a Recharge or Gift Card must be sent must be correctly identified. The User must ensure that the instructions that are shown to him again to obtain his confirmation are correct, exact and true.  All confirmed instructions are final and binding on the User. PONTURECARGA and/or its service providers will not be responsible for any consequences related to incorrect, inaccurate or false information that you provide. The User is solely responsible for the consequences that occur for not providing correct, exact and true information, or for not correcting inaccurate information before final confirmation.

 

13. PROCESSING OF PERSONAL DATA

 

The Personal Data Policy related to these Conditions of Sale, are duly described in our Privacy Policy.

 

 

14. MODIFICATION OF THE CONDITIONS OF SALE

 

PONTURECARGA may and reserves the right to unilaterally modify these Conditions of Sale at any time. All modifications to the Conditions of Sale will be published on the Website. The User will be subject to the version of this document that he accepted at the time of purchase.

The date from which these Conditions of Sale are in force is the one collected at the end of the document. The temporary validity of these Conditions of Sale coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified Conditions of Sale of Purchase will become valid.

 

 

15. COMPLAINTS OR CLAIMS

 

The User can send PONTURECARGA their complaints, claims or any other comments they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, PONTURECARGA has official claim forms available to consumers and users, and which they can request from PONTURECARGA at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between PONTURECARGA and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: http://ec.europa.eu/consumers/odr/.

 

16. APPLICABLE LAW AND JURISDICTION

 

Unless otherwise provided by the applicable legislation, for any litigious matter or that concerns the Website or the contracting of Services and/or services regulated in these Conditions of Sale, Spanish legislation will apply, submitting the resolution of all the conflicts derived or related to the use of the Website, except where mandatory, to the Courts and Tribunals of Barcelona.

 

Last update: November 2021