General contracting conditions
This contractual document will govern the General Conditions for contracting services (hereinafter, “Conditions”) through the website pavapark.com, owned by PAVAPARK MOVILIDAD SL, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, since those that are in force at the time of placing the orders will be applicable. For greater security of the USER, the general contracting conditions applicable to the contract in question will be sent together with the proof of the contracting of the service to the web mail indicated by the USER.
The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil Code, that of Commerce, the Consolidated text of the General Law of the Defense of Consumers and Users, the Law of Information Society and Electronic Commerce. and the Retail Trade Law or other special laws.
The acceptance of the conditions made during the contracting process will entail the USER’s agreement with the content of this document:
- You’ve read, you understand and you’re agree with this text.
- You are a person with sufficient capacity to contract.
- Assume all the obligations set forth herein.
These conditions will have an indefinite validity period and will be applicable to all contracts made at the time of their validity through the PROVIDER’s website.
The PROVIDER informs that the sale of its services is carried out responsibly and in accordance with current legislation in Spain, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the services contracted by the USER is PAVAPARK MOVILIDAD SL, with registered office at Calle Tres Forques, 149 – 46014 Valencia (Valencia), NIF B98552847 and with customer / USER service telephone number +34 961 280 635 .
And on the other, the USER, registered on the website by means of a username and password, over which he has full responsibility for 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 relationship of sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the telematic delivery of a voucher for use in the car park, in exchange for a certain price and publicly exposed through the website.
The USER will select a username and password, 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 them or possible access by an unauthorized third party. , so that it proceeds to the immediate blockade. Likewise, through said registry, you can check the box for receiving advertisements for similar services, thereby distinguishing the different treatments that are made on them.
Once the user account has been created, it is reported that in accordance with what is required by article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the Next steps:
- General contracting clauses.
- Activation of services.
- Right of withdrawal.
- Overwhelming force.
- Offer overview.
- Price and term of validity of the offer.
- Obligations of the Parties.
- Transportation expenses.
- Form of payment, expenses and discounts.
- Purchasing process.
- Applicable warranties.
- 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 contained in this text.
The general conditions that will govern the contracting of the service will be those in force at the time of contracting. For greater security of the USER, these will be sent to the email registered in the user’s profile, with the date and time when the service was contracted.
2. ACTIVATION OF SERVICES
The PROVIDER will not make the reservation of the contracted service until it has verified that the payment has been made by the USER.
As the order does not entail the physical delivery of any product, being the services contracted directly from the website, the PROVIDER will inform the USER in advance regarding the procedure to be followed to carry out this contract.
Lack of performance of the distance contract
For the provision of the service, it will be available from the moment the user has made the payment and the USER has received the proof of payment, and may be downloaded or activated according to the conditions of the PROVIDER and the contracted terms.
The PROVIDER will not assume any responsibility when the download or activation of the service does not take place, because the data provided by the USER is false, inaccurate or incomplete.
The provision of the service will be considered carried out at the time the USER has contracted the service, regardless of whether or not the USER makes use of the contracted service.
In the event that the contract could not be activated in the contracted terms for reasons attributable to the PROVIDER, the USER will have the right to claim a refund of the price paid for the service, or to have the proportional part that he had stopped enjoying due to the cause attributable to the PROVIDER.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to make the return and / or claim the possible vices or defects that the service presents, both online and offline.
Since the contracting modality is on a service, this remains within the exceptions applicable to withdrawal, of those contained in article 103 Law 3/2014, of March 27, which modifies the revised text of the Law General for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16.
However, the right of withdrawal is granted to the USER from the time the service is contracted until the day and time contracted for the start of the service. For this, you must register in advance in order to be able to access the contracted services, and thus be able to cancel them. In this period of time, the USER may withdraw from the contract at no cost.
As an example, if a one-month bonus has been contracted, on July 15 to make it effective on August 1. The period in which the withdrawal is allowed will be from July 15 to August 1. Once the bonus initiation date has passed, this right may not be exercised. This regardless of the type of voucher it is.
In the case of requesting the cancellation of the reservation, fulfilling the requirements set forth above, the client will receive, within 5 business days after his request, the amount of the reservation on the same card that he used for the purchase.
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Postal: PAVAPARK MOVILIDAD S.L., Calle Tres Forques, 149 – 46014 Valencia (Valencia)
Telephone: +34 961 280 635
5. FORCE MAJEURE
The parties will not incur liability for any fault due to a major cause. The fulfillment of the obligation will be delayed until the cause that caused the force majeure ceases.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of 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. GENERAL INFORMATION OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions in accordance with the version in force at the time of contracting.
Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the characteristics and value of the contracted services.
No modification, alteration or agreement contrary to the contracting conditions will take effect, except for an express written agreement signed by the PROVIDER, in this case, these particular agreements will prevail.
8. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each service include the Value Added Tax (VAT) or other taxes that may be applicable.
The prices applicable to each service are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.
Before making the purchase you will be able to check online all the details of the budget while the purchase is made in the cart: items, quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order is not placed.
Once the order is placed, the prices will be maintained whether the service is available or not.
In the event that the USER requires the issuance of an invoice, they must request it by completing the sections collected for this purpose in the contracting form. This invoice will be sent to the e-mail indicated in the corresponding section.
For any information about the order, the USER may contact the PROVIDER through the customer service telephone number +34 961 280 635 or via email at firstname.lastname@example.org.
9. OBLIGATIONS OF THE PARTIES.
The PROVIDER will provide detailed information to the USER of each of the transactions carried out in the parking lot for their control and will issue the corresponding monthly invoice to the USER that will include all the charges for the parkings made during the period, including the detail of said charges.
The USER will immediately communicate to the PROVIDER all incidents, errors and / or malfunctions detected throughout the provision of the service.
The USER will act in the car park with due diligence, respecting in all circumstances the rules and conditions of use of the space of each one of them, in accordance with good sectorial practices and its own regulations.
The USER agrees to pay in full all amounts charged to his credit card, derived from parking in the car park. Any charge for interest or penalties charged by the financial entity linked to the credit card used by the USER, will be the responsibility of the USER, having to pay the provider said amount, where appropriate.
Any anomaly in the update process is the responsibility of the USER and does not exempt from the payment of the service performed. If for any technical reason the payment cannot be made through the means of the PROVIDER, the USER must pay the parking cost on the spot at the car park, made by the usual car park collection system.
Both parties undertake to act in good faith and in accordance with the usual good practices of the sector.
10. TRANSPORTATION COSTS
There are no transportation costs.
11. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The USER will make the payment of the contracted services by debit or credit card.
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these ends, the user / client 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 credit card entities 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 programs of the card entities: the sale or offer of a service that does not comply with all the laws applicable to the Purchaser, Issuing Bank, Merchant or Holder of the card or cards.
12. PURCHASE PROCESS
Cart (budget simulation)
Any service from our catalog can be added to the cart. In this, only the articles, the quantity, the price and the total amount will be observed. Once the cart is confirmed, the cart will proceed to contract the service with taxes, charges and discounts according to the payment and shipping information entered.
The cart does not have any contractual relationship, it is only a section where you can simulate a budget without any commitment for both parties.
From the cart you can place an order by following the steps below for its correct formalization:
- Checking the data of the service to be hired.
- Verification of the method of the amount to be paid, and where appropriate, to be billed.
- Selection of the payment method.
- Order confirmation (purchase).
Once the order is processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the placing of the order. In this order you will find the contracting conditions in force at the time of its completion.
Orders (purchase requests)
In a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order and the contracting date.
13. APPLICABLE GUARANTEES
All services offered through the website are completely original, unless otherwise indicated in their description. All have a two-year warranty period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of consumers and users and other complementary laws.
14. GUARANTEES AND RETURNS
The guarantee of the services offered will respond to the regulation contained in the articles of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other laws complementary.
15. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any controversy that may arise from the provision of the services subject to these Conditions.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals of the city of Valencia (Spain).