Terms of use

 

These General Terms and Conditions of Use of the PACKSTIME Marketplace (hereinafter referred  to as "the General Terms and Conditions") govern access to and use of this web portal (hereinafter referred to as "the PACKSTIME Marketplace"). The simple access to the PACKSTIME Marketplace attributes to the person who does so the status of user of the same (hereinafter, "the User"). In the event of not agreeing with these General Conditions, the User must immediately leave the PACKSTIME Marketplace without using it.

 

By accepting these General Conditions, the User declares:

 

a)   That he has read, understands and accepts what is stated herein.

b)   That, in the event that it is willing to contract a good and/or service, it has sufficient capacity to do so.

c)   That, in the event of acting on behalf of a legal person, it has sufficient power of representation and in force to do so.

d)   That he is of legal age.

 

1.       PACKSTIME Marketplace Overview

 

Owner: PACKSTIME e-SERVICES S.L.U. (hereinafter referred to by its trade name, "PACKSTIME")

Registered office: C/ Roger de Llúria 104, 5º 2ª, 08037 - Barcelona (Spain)

N.I.F.: B-22917645

E-mail: atencion@packstime.com

Telephone: 696 550 825

 

Before the User begins the purchase process in a certain establishment, they will be able to consult the identification and contact details of the same.

 

2.       PACKSTIME as an online intermediation service provider

 

Through the PACKSTIME Marketplace, PACKSTIME provides its partner establishments (hereinafter referred to as "the Shops") with an online intermediation service that allows these Shops to offer products to the User in order to facilitate the initiation of direct transactions between the Shops and the User, regardless of where they ultimately conclude.

 

Consequently, the contracting of products made by the User to a Shop through the PACKSTIME Marketplace constitutes a direct contractual relationship between the User and the Shop, and PACKSTIME is unrelated to it.

 

PACKSTIME does not offer the User any ancillary or complementary goods or services to the products and/or services marketed by the Shops.

 

Any claim, complaint and/or suggestion that the User wishes to make due to their direct contractual relationship with a Shop, must be addressed directly to said Shop. Under no circumstances is PACKSTIME obliged to mediate between the User and the Shop, or to provide them with assistance.

 

The main parameter that governs the classification of the Shops that are displayed to the User interested in making a direct transaction through the PACKSTIME Marketplace, is their belonging or proximity to the city indicated by the User. On the other hand, the User may also choose to pick up their purchase at any of the Shops listed on the Marketplace.

 

3.       Registration of the User in the PACKSTIME Marketplace

 

Simple registration in the PACKSTIME Marketplace is free of charge for the User. Once this registration has been completed, the User may formalise as many direct transactions as they wish with the Shops that at any time offer their products through the PACKSTIME Marketplace.

 

The User's account on the PACKSTIME Marketplace is personal and non-transferable.

 

The User may delete his/her account on the PACKSTIME Marketplace at any time by logging into his/her account.

 

In any case, the deletion of the User's account will not affect direct transactions formalized with a Shop that are in force at that time.

 

PACKSTIME reserves the right to delete the account of those Users registered in the PACKSTIME Marketplace who do not formalize a direct transaction with a Shop for a period of six consecutive months.

 

PACKSTIME reserves the right to temporarily and/or permanently suspend the operation of the PACKSTIME Marketplace, without this granting the User any right to compensation or compensation for any damages. The User will be informed of the temporary and/or permanent suspension of the operation of the PACKSTIME Marketplace by email and/or notices located within the PACKSTIME Marketplace itself.

 

In any case, the temporary and/or permanent suspension of the operation of the PACKSTIME Marketplace will not affect direct transactions formalized with a Shop before the effective date of said temporary and/or definitive suspension.

 

4.       Access to the PACKSTIME Marketplace

 

Simple access to the PACKSTIME Marketplace is free of charge except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

 

5.       Rules of conduct in the use of the PACKSTIME Marketplace

 

a.      The use of the PACKSTIME Marketplace in a way that violates any provision of the Spanish legal system in force is prohibited.

 

b.      Any action carried out with the aim of causing the unavailability and/or malfunction of all or part of the PACKSTIME Marketplace is prohibited.

 

c.      Registration in the PACKSTIME Marketplace using false and/or inaccurate data is prohibited.

 

d.      Any impersonation of a User of the PACKSTIME Marketplace, as well as access to it using the credentials of another User, is prohibited.

 

e.      The use of profanity, offensive and/or vexatious language in the PACKSTIME Marketplace is prohibited.

 

PACKSTIME reserves the right to temporarily and/or permanently suspend access to the PACKSTIME Marketplace of those Users who fail to comply with any of the stipulations contained in these General Conditions.

 

6.       Content and services linked via the PACKSTIME Marketplace

The PACKSTIME Marketplace may contain technical linking devices, directories and even search tools that allow the User to access other pages and Internet portals (hereinafter, "Linked Sites"). In these cases, PACKSTIME will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of their illegality and has not deactivated the link to them with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he/she may notify PACKSTIME.

The Linked Sites may include pages of business partners with whom PACKSTIME has business collaboration agreements, including affiliate programs. In these cases, PACKSTIME may receive commissions for transactions made through such links, which will be transparently indicated to the User.

Unless expressly stated otherwise in the PACKSTIME Marketplace, PACKSTIME is not aware of the contents and services of the Linked Sites and, therefore, is not responsible for any damages that they may cause to the User or to any third party.

 

7.       Intellectual and industrial property

 

All the contents of the PACKSTIME Marketplace, including but not limited to, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are the intellectual property of PACKSTIME or of third-party licensors, and none of the exploitation rights recognised by the regulations in force on the subject of intellectual property over them.

 

The trademarks, trade names and other distinctive signs published on the PACKSTIME Marketplace are the property of PACKSTIME, the Shops or third-party assignors and/or licensors, and no rights over them may be understood to have been assigned to the User.

 

 

8.     Procurement of goods and/or services

 

 8.1. Main characteristics of the assets

 

The main characteristics of the goods and/or services that the Shops offer through the PACKSTIME Marketplace can be consulted in the descriptive sheet with which they are presented.

 

8.2. Purchase procedure

 

The language in which the contract can be formalised is Spanish.

 

The procedure for purchasing goods through the PACKSTIME Marketplace is as follows:

 

1.    From the desired product or service file, the User must click on the button labeled "Add to cart" to add it to the "shopping cart". At that time, a window will open where the User will be able to see the reference and unit price of each selected product. If the User wishes to continue with the processing of the order, he/she must click on the link labeled "Process order".

2.    At this time, the User will be able to see the reference and unit price of each selected product. If the User wishes to add new products to the "shopping cart", he/she must click on the link labeled "Continue shopping", which will return him/her to the Marketplace home page. If, on the other hand, you want to finish the purchase process of the selected products, you must follow the checkout process by clicking on the link labeled "Checkout".

3.    At that time, if the User is already a registered customer in PACKSTIME, he/she must enter his/her email address and password to continue with the checkout process. Otherwise, they must fill in the data requested in the name form "Order as a guest" once they have clicked on the link labeled "Order as a guest", being an essential requirement that the User accepts the Privacy Policy and these General Conditions before being able to move on to the next step.

4.    The User may choose a payment method from among those provided in the Marketplace.

5.    Finally, the User must enter the requested data according to the chosen means of payment. The User may make the payment by means of a payment gateway by entering the card details. Once this step is completed, the correct formalisation of the purchase will be confirmed on the screen.

6.    The User will then receive an email with the order confirmation and the details of their purchase. If the User does not receive confirmation, he/she can contact our Customer Service via email atencion@packstime.com

The Shop will store electronic proof of the contracting made by the User, and the User will be able to consult their history of purchases made through their account in the PACKSTIME Marketplace.

 

8.3. Password

 

The User is responsible at all times for the custody of their password, consequently assuming any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and/or the use of the services and contents of the PACKSTIME Marketplace carried out under their password will be deemed to have been made by the User.

 

8.4. Correction and identification of errors in data entry

 

When the User forgets to correctly fill in any data indicated as mandatory in the corresponding form, they will not be able to advance in the contracting or validation process until they have completed it. An on-screen message will warn you of this circumstance.

 

You may modify and/or update the data provided during the purchase process at any time, before its completion, going back to the desired step.

 

By accessing their account, the User may modify and/or update at any time the data provided at the time of registering as a user of the PACKSTIME Marketplace.

 

8.5. Delivery of orders

 

In order to protect local commerce and the environment, the user must go personally to the Shop to collect the order they have placed through the PACKSTIME Marketplace.

 

8.6. Price and payment methods

 

The prices indicated for each good and/or service in its corresponding file include, unless expressly indicated otherwise, Value Added Tax (VAT) and, in any case, are expressed by default in Euro currency (€). Such prices, unless expressly stated otherwise, do not include shipping costs, shipping insurance or any other additional services and annexes to the good or service purchased.

 

The payment methods accepted by the Shops are as follows: Credit/debit card, accepting Visa, MasterCard and American Express.

 

Payment will be made securely through the "Stripe" virtual gateway.

 

9.     Right of withdrawal

 

The User has the right to withdraw from the contract entered into with the Shop within fourteen calendar days without the need for justification.

 

The withdrawal period will expire fourteen calendar days after the day indicated below:

 

a)   In the case of a service contract: from the day of the conclusion of the contract;

 

b)   In the case of a contract of sale: from the day on which the User or a third party indicated by him, other than the carrier, acquires physical possession of the goods;

 

c)   In the case of a contract for the delivery of multiple goods ordered by the User in the same order and delivered separately: from the day on which the User or a third party indicated by him, other than the carrier, acquires physical possession of the last of those goods;

 

d)   In the case of delivery of a good consisting of multiple components or parts: on the day on which the User or a third party indicated by him, other than the carrier, acquires physical possession of the last component or piece;

 

e)   In the case of a contract for the periodic delivery of goods for a certain period: from the day on which the User or a third party indicated by him, other than the carrier, acquires physical possession of the first of these goods.

 

In order to exercise the right of withdrawal, the User must notify the Shop of his/her decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail). The User may use the model withdrawal form accessible HERE, although its use is not mandatory.

 

In order to comply with the withdrawal period, it is sufficient that the communication regarding the User's exercise of this right is sent before the expiry of the corresponding period.

 

9.1. Consequences of withdrawal

 

In case of withdrawal by the User, the Shop will refund to the User all payments received from the User, including delivery costs (with the exception of additional costs resulting from the User's choice of a delivery method other than the least expensive mode of ordinary delivery offered by the Shop) without any undue delay and,  in any case, no later than 14 calendar days from the date on which the Shop is informed of the User's decision to withdraw from the contract. The Shop will proceed to make such reimbursement using the same means of payment used by the User for the initial transaction, unless the User has expressly provided otherwise; In any case, you will not incur any costs as a result of the refund. The Shop may withhold the refund until it has received the goods, or until the User has provided proof of the return of the goods, whichever condition is met first.

 

The User must return or deliver the goods directly to the Shop, without any undue delay and, in any case, no later than 14 calendar days from the date on which he/she communicates his/her decision to withdraw from the contract. The period will be considered fulfilled if the User returns the goods before the end of said period.

 

The User must bear the direct cost of returning the goods.

 

The User shall only be liable for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

 

If the User has requested that the provision of services commence during the withdrawal period, he/she will pay the Shop an amount proportional to the part of the service already provided at the time the User has communicated his/her withdrawal, in relation to the total object of the contract.

 

9.2. Cases of non-application of the right of withdrawal

 

In accordance with the provisions of Article 103 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, the User may not withdraw from contracts referring to:

 

a)   The provision of services, once the service has been fully performed, and if the contract imposes on the User an obligation to pay, when the performance has begun, with the User's prior express consent and with the knowledge on his part that, once the Shop has fully executed the contract, he will have lost his right of withdrawal.

 

b)   The supply of goods that may deteriorate or expire quickly.

 

c)   The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.

 

d)   The supply of goods which, after their delivery and taking into account their nature, have been inextricably mixed with other goods.

 

e)   The provision of sealed sound or video recordings or sealed computer programs that have been unsealed by the User after delivery.

 

10.  Complaints, claims and requests for information

 

The User may address their complaints, claims and/or requests for information to the Shop, using their contact details displayed in the PACKSTIME Marketplace.

 

11.  Legal guarantee of conformity for goods

 

The User is reminded that, in accordance with the provisions of Articles 114 et seq. of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, all goods delivered or supplied by the Shops must be in accordance with the contract entered into,  the Shop will be liable to the User for any lack of conformity that may arise in the following cases:

 

In the purchase and sale of goods, the Shop will be responsible for any lack of conformity that exists at the time of delivery and manifests itself within three years of delivery.

 

The scope and manner of execution of the rights conferred on the User by this legal guarantee can be consulted in articles 114 et seq. of the aforementioned regulation.

 

PACKSTIME has no responsibility whatsoever in the contractual relationship established between the User and the Shop.

 

12.  Reviews

 

All reviews published on the PACKSTIME Marketplace about the goods and/or services have been made by consumers and users who have actually used or purchased them.

 

13.  Nullity and ineffectiveness of the clauses

 

If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, these General Conditions will subsist in all other respects and such provision will be considered totally or partially as not included.

 

14.  Applicable law and competent jurisdiction

 

These General Conditions will be governed by and interpreted in accordance with Spanish law.

In the event of a dispute, the User may choose to file a lawsuit with the Courts or Tribunals that correspond to their domicile.

15.  Alternative dispute resolution in consumer matters

 

The User is informed about the existence of the European Union's online dispute resolution platform, which can be accessed HERE.