GENERAL TERMS AND CONDITIONS OF CONTRACT
1. GENERAL INFORMATION.
The ownership of this website, HTTPS://WWW.PLUGNMEET.CLOUD, (hereinafter referred to as the Website) is held by:
- Corporate Name: MYNAPARROT SL
- VAT Number: B67681619
- Registered office: C/ MATILDE DÍEZ, 11 - A, 28002, MADRID, SPAIN
- Registration details in the Madrid Commercial Register:
- Contact Information:
This document (as well as all other documents related to it) will govern the conditions by which the use of this Website, HTTPS://WWW.PLUGNMEET.CLOUD/, and the purchase or acquisition of products and/or services (this terminology includes reservations and offered services) offered on it (hereinafter, Terms) are regulated.
The aforementioned Terms are included in the activity developed by MYNAPARROT SL on the Website, which are:
- Software service
- Meetings software for online training actions
These Terms are subject to change. In any case, the User is responsible for checking them each time they access, browse or use the Website. The ones in force at the time of requesting any of the offered products and/or services will apply. Regardless of the aforementioned responsibility, when these Terms are modified, users will be duly informed. If the User has any questions about the Terms, they can contact MYNAPARROT SL through any of the means provided above.
2.- THE USER.
The navigation, access, and use of the Website confer the condition of user/s, so all the Conditions established in this document, as well as subsequent modifications that may occur, are accepted from the start of the corresponding navigation within the Website. This is without prejudice to the application of the corresponding legal regulation in each case.
The User assumes their responsibility for the correct use of this Website. This responsibility will include:
a) Only using the Website to make inquiries, purchases, and/or legally valid acquisitions.
b) Not making any false or fraudulent purchase and/or acquisition. If the purchase could be qualified as such, it will be canceled, and the competent authorities will be informed.
c) The contact information provided will be truthful and lawful.
In any case, the User declares to be over eighteen (18) years old and have full legal capacity to enter into contracts through this Website. If the user is not over eighteen (18) years old or a minor and has the consent of the parent/mother or legal guardian, they may not make any purchase or contract for products and/or services offered on this Website. The owner of the Website is not responsible for the acts committed by the minor or incapable person in fraud of the law.
The Website is mainly aimed at Users residing in Spain. Therefore, MYNAPARROT SL does not assume responsibility for the Website complying, totally or partially, with laws of other countries. It also does not guarantee the provision of services or the performance of shipments outside of Spain.
The User, at their choice, can formalize the purchase contract with MYNAPARROT SL of the desired products and/or services in any of the languages in which these Conditions are established on this Website.
3.- PURCHASE PROCESS.
Duly registered Users may purchase on the Website by the means and forms established. They must follow the online purchase and/or acquisition procedure of HTTPS://WWW.PLUGNMEET.CLOUD, during which several products and/or services can be selected and added to the cart, basket, or final purchase space, and finally, click on:
- "BUY NOW"
- "GO TO CHECKOUT"
- "PLACE ORDER"
Likewise, the User must fill in and/or check the information that is requested in each step, although, during the purchase process, before making the payment, purchase details can be modified.
Next, the User will receive an email confirming that MYNAPARROT SL has received their order or purchase and/or service provision request, i.e., the order confirmation. And, where appropriate, they will also be informed via email when their purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal space connecting to the Website.
Once the purchase process has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User through email. Likewise, the User can, if they wish, obtain a copy of their paper invoice, requesting it from MYNAPARROT SL using the contact spaces of the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and are shown next to the presentation or, where appropriate, image of it on its page of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, product details, or characteristics, how it has been manufactured and/or cost of services; and recognizes that the completion of the purchase order or acquisition materializes full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by MYNAPARROT SL through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of them and/or the provision of services. If there are difficulties in supplying products or there are no products left in stock, MYNAPARROT SL will inform the User by promptly refunding any amount that may have been paid as an amount. This will always be subject to the provisions of the Law.
5.- PAYMENT METHODS AND PRICES.
The prices shown on the Website are final, in euros (€) and US dollars (USD), and include taxes, unless a different arrangement is required by law, especially in relation to VAT, or corresponding taxes.
In no case will the Website automatically add additional costs to the price of a product or service, but only those that the User has selected and chosen freely and voluntarily. Even so, prices can change at any time, but potential changes will not affect orders or purchases for Users who have already received an order confirmation.
Regarding payment methods, these will be: credit or debit card, and payment through a PayPal account.
Credit cards will be subject to checks and authorizations by the issuing banking entities. If such an entity does not authorize the payment, MYNAPARROT SL will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Once MYNAPARROT SL 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 to the card will be made at the time when the shipping and/or service provision confirmation is sent to the User in the established form and, where appropriate, place. In any case, the User confirms that the payment method is theirs and/or they are the legitimate owner of a gift card or subscription.
Through the payment method, the User must ensure that they enter the exact amount of the purchase order correctly, as well as the account number and the transfer reference. In case of error, MYNAPARROT SL will not be able to validate the order, which will, therefore, be canceled.
Unless it is an intangible product, such delivery cannot be physical. Therefore, it is considered to be made through the sales confirmation email sent by MYNAPARROT SL, or with the enjoyment of the services or training program hired.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for their delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally effective at any time depending on the specific item in question.
7.- TECHNICAL MEANS TO CORRECT ERRORS.
The User is informed that in case they detect an error when entering necessary data to process their purchase request on the Website, they can modify them by contacting MYNAPARROT SL, through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information).
In any case, before clicking on FINALIZE PURCHASE, the User has access to the space, cart, or basket where their purchase requests are noted and can make modifications. Similarly, the User is referred to consult the Legal Notice and General Conditions of Use to gather more information on how to exercise their right of rectification as established in THE REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND COUNCIL of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter GDPR), as well as Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (hereinafter LOPD - GDD).
In cases where the User acquires products on or through the owner's Website, they are granted a series of rights, as listed and described below:
- Right of Withdrawal: the User is informed that, as provided in article 103 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 complementary laws, the user has a period of 14 natural days in the electronic or distance purchase processes to withdraw without reason or any cost, however there are cases where the Right of Withdrawal is exempted. Specifically, in the cases that concern us in relation to the services offered by MYNAPARROT SL:
- The provision of services, once the service has been fully executed, when the execution has begun, with prior express consent from the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by the entrepreneur, they will have lost their right of withdrawal.
- Guarantees: The User, as a consumer and user, enjoys guarantees on the products that they may acquire through this Website, in the legally established terms for each type of product and/or service, with MYNAPARROT SL being responsible.
In this sense, it is understood that the products and/or services comply with the contract provided that: they conform to the description made by MYNAPARROT SL, and possess the qualities presented in it; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the usual quality and performance of a product of the same type and that are fundamentally expected from it
In any case, the guarantee offered by MYNAPARROT SL complies with European regulations, establishing it for a period of two years, without prejudice to the guarantee that the manufacturer may offer, in which case and after the aforementioned two years, it should be directed to the latter. In any case, there are limitations to the guarantee and it will be in each specific case as established in Directive (EU) 2019/771 of the European Parliament and of the Council, of May 20, 2019, on certain aspects relating to contracts for the sale of goods, which amends Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repeals Directive 1999/44/EC; as well as provided for by Directive (EU) 2019/770 of the European Parliament and of the Council, of May 20, 2019, relating to certain aspects of contracts for the supply of digital content and services.
3. Return costs: the USER will assume the costs arising from the return. MYNAPARROT SL will refund the amount paid for the product, but it will be the USER who assumes the cost of returning the product, unless they themselves deliver the product to the MYNAPARROT SL facilities. The return of money will only be refunded if the USER exercises their right of withdrawal within 14 natural days from the making of the order and delivery or returns the product within this period.
9.- LIABILITY EXEMPTION.
Unless otherwise required by law, MYNAPARROT SL, will not accept any liability for the following losses, regardless of their origin:
- Any losses that were not attributable to any breach on its part.
- Business losses (including loss of profit, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred).
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.
Also, MYNAPARROT SL, also limits its liability regarding the following cases:
- MYNAPARROT SL, applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for minimal differences or inaccuracies that may exist due to lack of screen resolution, or browser problems that are used or others of this kind.
- Technical failures that due to fortuitous causes or otherwise, prevent a normal operation of the service through the internet. Lack of availability of the Website for reasons of maintenance or others, which prevents having the service. MYNAPARROT SL, puts all means at its disposal to carry out the process of purchase, payment and shipping/delivery of the products, however, it is exempt from responsibility for causes that are not attributable to it, fortuitous case or force majeure.
- In general, MYNAPARROT SL, will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed when the same is due to events that are outside our reasonable control, that is, they are due to force majeure, and this may include, by way of example but not limited to:
a) Strikes, lockouts or other claim measures.
b) Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
c) Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
d) Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
e) Impossibility of using public or private telecommunications systems.
f) Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the force majeure continues, and MYNAPARROT SL, will have an extension in the period to comply with them for a period of time equal to the duration of the force majeure. MYNAPARROT SL, will put all reasonable means to find a solution that allows us to comply with our obligations despite the cause of force majeure.
10.- WRITTEN COMMUNICATIONS AND NOTIFICATIONS.
By using this Website, the User agrees that most of the communications with MYNAPARROT SL are electronic (email or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that MYNAPARROT SL sends electronically comply with legal requirements to be in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with MYNAPARROT SL through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Also, unless otherwise stipulated, MYNAPARROT SL may contact and/or notify the User at his email or at the postal address provided.
No waiver by MYNAPARROT SL of a specific right or legal action or the lack of requirement by MYNAPARROT SL for strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exempt the User from the fulfillment of his obligations.
No waiver by MYNAPARROT SL of any of these Conditions or the rights or actions derived from a contract will take effect unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by such declaration of nullity.
13.- COMPLETE AGREEMENT.
These Conditions and any document expressly referred to in these constitute the entire agreement existing between the User and MYNAPARROT SL in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties.
The User and MYNAPARROT SL acknowledge having consented to the conclusion of a contract without having relied on any declaration or promise made by the other party, except for that expressly mentioned in these Conditions.
14.- DATA PROTECTION.
The personal information or data that the User provides to MYNAPARROT SL in the course of a transaction on the Website, will be treated in accordance with the data Privacy Policies that are available to the User at HTTPS://WWW.PLUGNMEET.CLOUD/ES/, in the corresponding section. By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided are true.
15.- APPLICABLE LEGISLATION AND JURISDICTION.
Access, navigation and/or use of this Website and the contracts of purchase of products through it will be governed by Spanish law.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between MYNAPARROT SL and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16.- COMPLAINTS AND CLAIMS.
The User can send to MYNAPARROT SL his complaints, claims or any other comment he wishes to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, MYNAPARROT SL has official complaint forms available to consumers and users, and they can request to MYNAPARROT SL at any time, using the contact details provided at the beginning of these Conditions (General Information).
Likewise, if a controversy arises from the conclusion of this purchase contract between MYNAPARROT SL and the User, the User as a consumer can request an out-of-court dispute resolution, in accordance with Regulation EU No 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters. You can access this method through the website: http://ec.europa.eu/consumers/odr/.