TERMS AND CONDITIONS
GENERAL CONDITIONS OF USE OF THE WEBSITE WWW.STOPANDCLICK.ES
These general conditions (hereinafter General Conditions), regulate the access and use of the Website under the domain www.stopandclick.es (hereinafter Website), owned by "Stop & Click, S.L" (hereinafter Stop&Click), made available to users (hereinafter User/s).
If you have any questions or queries related to the use and access to the Website or these General Conditions, you can write an email with your request and contact details to email@example.com. You can also contact us via regular mail, directing your request and contact details to "Stop & Click, S.L.", Carretera Cabo la Nao - Pla 135 Local 10, 03730 Jávea (Alicante).
2.- Compliance with these General Conditions.
The use of the Website implies full acceptance by the User of all the General Conditions in force at each time the User accesses it. Therefore, if you do not agree to any of the conditions set out herein, you must refrain from using this Website.
Consequently, the User must carefully read the General Conditions each time he/she intends to use the Website.
In any case, Stop&Click reserves the right to modify, without prior notice and at any time these General Conditions, as well as its configuration, location and any other general or particular terms, regulations of use, instructions or notices that apply. Stop&Click also reserves the right to suspend, discontinue or stop operating the Website at any time.
"Use of the Website" means any User who accesses and browses the Website regardless of whether they complete the registration forms.
3.- Conditions of Access and Use of the Website and its Contents.
Access to the Website and/or the Contents included therein does not imply any warranty regarding the suitability of the Website and/or the Contents included therein for particular or specific purposes of Users.
Stop&Click may establish additional limitations and/or conditions for the use and/or access to the Website and/or the Contents, which must be observed by Users in any case.
Unless otherwise provided, the use of the Website will be free of charge, without prejudice to the cost of connecting through the corresponding telecommunications network contracted by the User.
The User acknowledges being over eighteen years of age, he is also aware and accepts voluntarily and expressly that the use of the Website is in any case under his sole and exclusive responsibility.
The User undertakes to comply with these General Conditions, as well as to comply with the special warnings or instructions contained in the Website and to always act in accordance with the law, good customs and the demands of good faith, using its maximum in attention taking into account the nature and consideration of the service it enjoys. For this purpose, you will refrain from using the Website in any way that may prevent, damage or impair the normal functioning of the same, the goods or rights of Stop&Click, its suppliers, its distributors, the rest of Users or in general any third party.
Specifically and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User undertakes to use the Website:
a) not to introduce, store or disseminate on or from the Website any information or material that is defamatory, libelous, obscene, threatening, xenophobic, pornographic, apology to terrorism, incites violence, discrimination on the basis of race, sex, ideology, religion or that in any way violates form, public order, fundamental rights, public freedoms, , the privacy or image of third parties and in general the current regulations.
b) not to introduce, store or disseminate through the Website any computer program, data, virus, code, or any other electronic or physical instrument or device that is likely to cause damage to the Website, any of the services, or any of the Stop&Click equipment, systems or networks, any User, The Stop&Click Providers or Distributors or in general any third party , capable of causing any type of alteration or preventing the normal functioning of them.
c) not to introduce, store or disseminate through the Website any content that violates the rules of intellectual property, industrial or third party rights, nor in general any content of which does not have, in accordance with the law, the right to make it available to third parties.
The Contents of the Website are made available to the User with information from both their own and third-party sources.
Stop&Click ensures that the Contents are of the highest possible quality and are reasonably up-to-date, but does not guarantee the usefulness, accuracy, completeness, relevance and/or timeliness of the Contents.
4.- Intellectual and Industrial Property Rights.
These General Conditions do not assign any intellectual or industrial property rights on the Website or any of its component elements, being expressly prohibited to the User the reproduction, transformation, distribution, public communication, making available, extraction, reuse, forwarding or use of any nature, by any means or procedure, of any of them, except in cases where it is legally permitted or authorized by the owner of the corresponding rights.
The User may view and obtain a temporary private copy of the Contents for his/her exclusive personal and private use in his/her computer systems (software and hardware), provided that it is not for the purpose of developing commercial or professional activities. The User must refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than those that in each case have been made available or indicated for this purpose or those that are commonly used on the Internet (provided that the latter do not carry a risk of damage or disablement of the Website). The User must respect at all times all intellectual and industrial property rights over the Website, owned by Stop&Click or third parties.
5.- Exclusion of Warranties and Liability.
Stop&Click does not guarantee the availability and continuity of the operation of the Website and the services or Content offered therein, nor that the content existing on its Website is updated, being exempt from all liability for damages of any nature that may arise from such circumstances.
Stop&Click will carry out, provided that there are no circumstances that make it impossible or difficult to execute and as soon as you have news of errors, disconnections and / or lack of updating of the contents, all those tasks aimed at correcting the errors, restoring communication and / or updating the aforementioned contents.
Likes, Stop&Click does not guarantee the technical reliability of its Website, nor access to its different pages, being in the same way exempt from all liability for damages of any nature that may arise from this cause.
In addition, Stop&Click is not responsible for any errors or security deficiencies that may occur due to the use by the user of a browser of an updated or unsafe version in the browser or for damages, errors or inaccuracies that may arise from the malfunction of the same.
In order to reduce the risk of virus introduction on the Website, it uses virus detection programs to control all the Contents you enter on the Website. However, Stop&Click does not guarantee the absence of viruses, or other elements on the Website introduced by third parties outside Of Stop&Click that may cause alterations in the physical or logical systems of users or in electronic documents and files stored on their systems. Consequently, Stop&Click will not be liable in any case for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the Users.
Stop&Click takes various protection measures to protect the Website, the data collected and the Contents against computer attacks by third parties. However, Stop&Click does not guarantee that unauthorized third parties may have access to the type of use or navigation of the Website made by the user or the conditions, features and circumstances in which it is made. Consequently, Stop&Click shall in no case be liable for any damages that may arise from such unauthorized access.
Stop&Click will not be liable in any case for the use that users and / or third parties may make of the Website or the Contents, nor for any damages that may arise from it.
Stop&Click does not edit the Third Party Content posted on the Website and, consequently, does not warrant or be responsible for the legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of such Content, as well as the Contents owned by Stop&Click. Stop&Click shall in no event be liable for any damages that may arise from: (i) the lack of legality, veracity, accuracy, completeness and/or timeliness of the Contents originated by third parties and their own; (ii) inadequacy for any purpose and fraud of expectations generated by the Contents; (iii) decisions or actions taken or avoided by the user relying on the information or data provided or provided in the Contents, including without limitation the loss of profits or business opportunities.
Those who intend to establish hyperlinks between their website and the Website must observe and comply with the following conditions:
I) Prior authorization will not be required when the Hyperlink allows only access to the home page of the Website, but may not reproduce it in any way. Any other form of Hyperlink will require the express and unequivocal written permission of Stop&Click.
II) The website on which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
III) The website on which the Hyperlink is established will not contain illegal information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any rights of third parties.
IV) Stop&Click reserves the right to block Hyperlinks directed to the Website that do not have express prior authorization even in compliance with the provisions of this point of the General Conditions.
7.- Actions in case of non-compliance.
Stop&Click reserves the right to exercise any actions available in law to demand the responsibilities arising from the breach of any of the provisions of these General Conditions of the Website by a user.
8.- Partial Nullity.
The declaration of any of the clauses contained in these General Conditions as void, invalid or ineffective will not affect the validity or effectiveness of the remaining ones, which will remain binding between the parties.
9.- Applicable Law and Jurisdiction.
These General Conditions shall be governed by the provisions of Spanish law.
Any dispute regarding the conditions of use and access to this Website contained in this document of General Conditions of the Website, the parties submit, expressly waiing any other law that may correspond to them, unless by legal imperative it is determined otherwise, to the Courts and Tribunals of the city of Dénia.
GENERAL CONDITIONS OF CONTRACTING WWW.STOPANDCLICK.ES
1.- Identification of the Parties.
On the one hand the trade company Stop & Click, S.L., hereinafter stop&click, with registered office at Calle Avenida Lepanto 23 2nd door 18, 03726 Benitachell (Alicante), and provided with CIF number B54850946 and registered in the Commercial Registry of Alicante, Volume 3850, F 28, S 8, H A 144488, and owner of the www.stopandclickonline.es domain, hereinafter Website.
On the other hand, the User, the one who contracts the products offered through the Website and whose identifying data are those provided directly by the Latter by incorporating his data into the different forms that stop&click makes available to access any of the products and services offered through the Website.
2.- Applicable Legislation.
These General Conditions of Contract are subject to Spanish law, provided for in Law 7/1998, April 13, on General Conditions of Contract, in Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, in Royal Decree 1906/1999, of December 17, regulating Telephone or Electronic Procurement with General Conditions, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 7/1996, of January 15, on The Management of Retail Trade, and Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce.
3.- Object and Scope of Application.
These General Conditions of Contract governing the provision of the services, are intended to regulate the access and regime of acquisition of the products provided by stop&click to the User through the Website, constituting the legal framework that develops the contractual relationship.
The aforementioned General Conditions of Contract may be consulted, printed and stored by the User prior to the start of the contracting procedure.
These General Conditions of Contract regulate the legal relationship derived from the contracting processes formalized by the User through the stop&click website. The User expressly accepts full and unreserved adherence to these stipulations in the version published by Stop&click at the time the User accesses the Website and has been able to access these General Conditions of Contract, or contracts the products in which he/she is interested.
The User undertakes to read carefully the General Conditions of Contract, each time he proceeds to the contracting of a product, since they have been modified since the last time he accessed.
By accepting these General Conditions of Contract the User declares:
- Who is a person with the capacity to hire.
- You have read and accept these General Conditions of Contract.
The User will always and in any case have access, prior to the start of the procedure of contracting the products, to the General Conditions of Contract, being able to be stored and / or reproduced on a durable medium. Stop&click makes available to the User an email address in which he can contact through the contact form in order to answer any questions regarding these General Conditions of Contract.
Stop&click may modify these General Conditions of Contract, without affecting the products purchased by Users prior to modification, provided that there is sufficient cause or reason for this. It is understood that there is sufficient cause or reason for modification, by way of example and not limited to, where it is intended to:
- Expand the range or number of products that are made available to the User or improve existing ones.
- Adapt the products subject to this contract to the progress that may occur due to the development of new information technologies.
- Modify, replace or update the prices of the products offered through the Website.
7.- Conditions of Contract.
These General Conditions of Contract apply to any contracting of products through the Website.
Stop&click undertakes to comply with the following contractual obligations arising from the commercial relationship with the User as a result of the contracting of products by the same:
- Provide with the maximum guarantees to the User, the products requested by the user in accordance with the provisions of these General Conditions of Contract and without lacking in good contractual faith.
- Expressly inform the User of the existence of these General Conditions of Contract prior to the start of the contracting procedure.
- Inform the User prior to the contract and in a concrete, clear, precise and unequivocal way, of the specific characteristics of the products requested, such as the price thereof, shipping costs and the taxes that apply to him.
- Make available to the User a copy of the text of the General Conditions of Contract. Likewise, and for those products that require it, the Particular Conditions that apply will be made available to the User prior to contracting.
- Send the User proof of payment or invoice of the products contracted to Stop&click. Such justification or invoice will be accessible for download by the user.
- Comply with the requirements of the regulations on the rights of consumers and users.
For his part, the User undertakes to the following contractual obligations:
- Carry out the full compliance with the provisions of these General Conditions of Contract in the contracting of the products offered on the Website.
- Complete the registration forms prior to the start of the contracting procedure with truthful and current information in order to access any of the products offered on the Website.
- Complete the forms of access to the products, with truthful and current information since such data are necessary for the issuance, if applicable, of the invoice by Stop&click and the collection of the contracted products.
- Correctly provide the bank details requested by Stop&click, as well as pay the price of the contracted products in accordance with the payment method chosen and with the current rates published by Stop&click on the Website at the time of contracting.
- Skip the sending of messages that in some way impede or hinder the normal functioning of the services offered by the Website. In any case the User will be solely and totally responsible for the content of the messages he/she writes or sends, as well as for the data provided.
8.- Availability of Products.
The User agrees that the products offered on the Website are subject to stock limits. All product orders are subject to product availability. If any product is not available once the order has been placed, we will inform you as soon as possible. At that time the User may modify his order or cancel it.
The prices applicable to the contracting by the User of the products, will be those that appear on the Website at the time the User accesses the specific product, and proceed to start the contracting process. In addition to these prices, other expenses set out in these General Conditions of Contract will apply in a specific section on shipping policy and applicable taxes.
In case of error in the price of the product(s) that the User has contracted, we will inform you as soon as possible and give you the option to reconfi rm your order at the correct price or cancel it. If we are not able to contact you, the order will be considered cancelled and you will be refunded in full the amounts that have been paid.
We will not be obliged to supply you with the product(s) at the incorrect lower price (even if we have sent you the Shipping Confirmation).
Stop&click reserves the right to modify the list of prices published on the Website, when it deems it appropriate. In any case, the above will not apply to those products contracted prior to modification.
10.- Payment Methods.
Using a PayPal account: Once you have completed the purchase process through the shopping cart of our Website you will be redirected to the PayPal page so that you can complete the payment in a quick and secure way. To pay, you will only need an email and password, registered with PayPal.
11.- Contract with Stop &click and Order Acceptance.
Until the order is accepted by Stop&click (even if it has already been charged to your account) there will be no contract between the User and Stop&click. If the order is not accepted and we have already charged you, the amount will be refunded in full.
After clicking "buy" the User will receive an email as acknowledgement of receipt. This does not imply that the order has been accepted, as it itself is an offer that you make us to make a purchase. Orders are subject to our verification and acceptance. We will confirm the acceptance by sending you an email informing you that the order is being shipped (Shipping Confirmation). Only at this time will the Contract between You and us be formalized.
Only related products in the Shipping Confirmation will be contracted. We will not be obliged to supply you with any other products that may have been ordered until we confirm the shipment of them in a separate Shipping Confirmation.
Stop&click may refrain from placing orders that do not present sufficient solvency guarantees, or that prove to be incomplete or incorrect or in the event that the products are not available, without liability to the User or to third parties. In any case, we undertake to inform you and if we have already charged you the amount of the order we will proceed to refund the sum you have anticipated.
12.- Transmission of Risk and Property.
The User acquires ownership over the contracted products at the time of full payment of all amounts, including shipping costs. Responsibility for the products will be transmitted to the User at the time of delivery of the order placed.
13.- Shipping Policy and Applicable Taxes.
Value Added Tax (VAT) will apply to all products offered on the Website.
Shipping costs are in addition to the total of your purchase, no matter how many products you buy.
The delivery time of the contracted products will be according to the shipping options.
14.- Responsibility of the Parties.
The content of this Website is presented for the sole purpose of promoting Stop&click products, without any other guarantee whatsoever their nature.
The User is advised that the use of electronic systems carries risks. Stop&click will only be liable for any damages that the User may suffer as a result of the purchase of products.
In particular, Stop&click disclaims any liability for any damages:
- that may be caused by the unavailability and/or continuity of the Website.
- that the User is generated in case of impossibility of providing the service subject to these General Conditions of Contract due to cases of fortuitous case, force majeure or other causes not attributable to Stop&click. For this purpose they are considered beyond their control by way of example and not limited to, (i) the modem, (ii) the User's computer system, (iii) the navigation software, (iv) viruses, (v) interconnection of telephone and electrical networks, (vi) ADSL, ISDN, and/or any other transport or telecommunications infrastructure used by the User.
- due to the inadequate functioning of the Website if this is due to maintenance, incidents, a malfunction of the User's terminal or its insufficient capacity to support the systems essential to make use of the service.
Stop&click does not guarantee the absence of viruses or other elements on the Website that may cause alterations in your computer system, nor the usefulness, accuracy, updating or infallibility of the contents or services not controlled by them.
Stop&click will take appropriate measures to ensure a quick response, but cannot be held responsible for delays due to telecommunications services, or guarantee a specific delivery time of the products.
The User shall be solely responsible for the consequences arising from the communication of non-true data as well as data belonging to persons other than the User himself.
Take the necessary security measures, both personal and material, to maintain the confidentiality of your username and password as well; such as immediately notifying stop&click of the loss, loss, theft, theft or unlawful access to your username, as well as your knowledge by third parties.
In case of non-compliance by the User with his contractual obligations, stop&click reserves the appropriate legal actions, as well as the right to restrict access to the products offered on the Website.
15.- Cancellation of the Order and Right of Withdrawal.
Stop&click guarantees Users the possibility to cancel their order at any time and at no cost provided that the cancellation is communicated before the order has been made available to the carrier for shipment. To request it, you must contact Stop&click via email info@stop&click.com or by calling 96 564 13 43 Monday through Friday from 9:30 to 13:00 and from 16:00 to 19:00.
The User may withdraw from the contract within the following 15 (fifteen) calendar days from the date of receipt of the order. You will be refunded the amount for the products contracted in accordance with our Returns Policy. Under no circumstances will we reimburse you for shipping costs.
The right of withdrawal shall apply provided that the contracted products are returned under the same conditions in which the User received them, together with their complete original packaging, labels and together with any accessories related thereto.
Stop&click will determine if the products are in the same condition in which they were shipped to you. Products that have been returned damaged, incomplete, damaged, used or dirty due to the User will not be refunded and will be made available to their sender and forwarded to due charge.
To carry out your right of withdrawal we invite you to follow these steps:
a) Before making a return, you must contact stop&click via email info@stop&click.com or by calling 96 564 13 43 Monday through Friday from 9:30 to 13:00 and from 16:00 to 19:00 notifying us.
b) The products must be returned under the same conditions in which the User received them, together with their complete original packaging, labels and together with any accessories related thereto. The User will be responsible for demonstrating that the products have been returned.
c) If the return does not comply with the stipulated terms, there will be no right for the User to receive any refund of the amount and the products will be sent to him/her in due charge. If the recipient of the products is different from the User who made the payment, the refund of the money will be made to the User who made the payment.
d) Returned products must be shipped in a single delivery. Stop&click reserves the right not to accept products belonging to a single order, returned and delivered at different times. Once we check that the returned products meet all the specifications stipulated herein, we will send the User an email informing them that the return has been accepted. Whatever payment system is used by you, the refund of the amount will be launched as soon as possible but always within 15 days of receipt of the returned product.
Stop&click will not be liable, for losses, delays or shipments to the wrong address of any product that the User wishes to return to us, so we recommend that you send by registered mail or acknowledgement of receipt. The User will be responsible for the costs of returning the product and in no case will we accept returns sent to due shipping.
Under no circumstances will we refund your shipping costs.
To make a return you must send us the products once the terms of such return are agreed with our sales department.
16.- Defective Product Returns Policy.
If the User receives an erroneous order or defective product and/or service, please contact us immediately, within 24 hours, at the following email address: info@stop&click.com, indicating the error or defect along with your personal data.
In case of problems with the packaging, you must inform the courier at the time of receipt of the order. We will carefully examine the returned product and notify you by e-mail within a reasonable time if the return or replacement of the same (if any) proceeds. The return or replacement of the item will be made as soon as possible and, in any case, within 30 days from the date on which we send you an email confirming that the return proceeds to replace the non-compliant item.
The amounts paid for those products that are returned due to any tare or defect, when it actually exists, will be refunded in full, including the delivery costs incurred to deliver the item to you and the costs you would have incurred to return it to us. The refund will be made on the same credit card that was used to pay for the purchase.
17.- Various Provisions.
Stop&click may offer special discounts on products in certain circumstances. These special conditions will be detailed on the Website and will be in force as long as they are published on the Website.
Some of the information or communications we send to you will be in writing, as required by applicable regulations, therefore by using the Website, the User agrees that most communications with Stop&click are electronic. We will contact the User by email or provide information by sending notices on the Website.
Therefore, the User consents to use this electronic means of communication and acknowledges that any contract, notification, information and other communications that we send to him electronically comply with the legal requirements to be in writing. This condition will not affect your rights recognized by law. We may send communications either to the e-mail or to the postal address provided by the User when placing an order.
19.- Nullity and Ineffectiveness of the Clauses.
If any clause included in these General Conditions of Contract is declared wholly or partially void or ineffective, such nullity will affect only that provision or the part thereof that is null and void, subsisting on everything else the General Conditions of Contract.
20.- Duration of the General Conditions of Contract.
The period of validity of these General Conditions of Contract, will be the time that they remain published on the Website and will apply from the moment the User proceeds to contract any of the products.
21.- Competent Jurisdiction.
In the event that the User uses the services and / or products, in order to integrate them into own production processes, both parties, expressly waiding the money that may correspond to them, are submitted for the resolution of conflicts to the Courts of Dénia.