Purchase Conditions

Introduction

This contractual document will govern the General Conditions for contracting digital products (hereinafter “Conditions”) through the website www.daremapp.com and the mobile application DareMapp (hereinafter “APP”), property of DAREMAPP SOFTWARE, S.L, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice.

These Conditions will remain published on the website at the disposal of the USER to reproduce them and keep them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.

Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws. Acceptance of this document implies that the USER:

  • Has read, understands and comprehends what is set out herein.
  • Is a person with sufficient capacity to contract.
  • Assumes all the obligations set forth herein.
  • Is a person with sufficient capacity to contract.
  • Assumes all the obligations set forth herein.
  • Is a person with sufficient capacity to contract.
  • Assumes all the obligations set forth herein.
  • You undertake all the obligations set out herein.

These conditions will be valid for an indefinite period of time and will be applicable to all contracts made through the PROVIDER’s website. The PROVIDER informs that the merchant is responsible and aware of the legislation in force, and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions that were implemented prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is DAREMAPP SOFTWARE, S.L, with registered office at C/ Adaja, 4. 37185 Villamayor, Salamanca Parque Científico USAL, NIF: B09871088. The e-mail address for customer/USER service is soporte@daremapp.com and the telephone number for customer/USER service is 684 415 784.

On the other hand, the USER, registered in the application by means of a user name and password, for which he/she has full responsibility of 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 sales relationship that arises between the PROVIDER and the USER when the USER clicks on the buy button on the WEBSITE or in the APP during the online contracting process. The contractual purchase-sale relationship entails the delivery, in exchange for a specific price and publicly displayed on the website, of a specific digital product.

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she can notify it to soporte@daremapp.com so that DAREMAPP SOFTWARE, S.L, corrects them as soon as possible. The USER will be able to keep their data updated by accessing their user account.

Contracting procedure

The USER, in order to access the products offered by the PROVIDER, must be of legal age and register through the APP by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, undertaking 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 thereof or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.

Once the user account has been created, the user is informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

  1. General contracting clauses.
  2. Activation of services.
  3. Right of withdrawal.
  4. Claims and online dispute resolution.
  5. Force majeure.
  6. Jurisdiction.
  7. Generalities of the offer.
  8. Price and period of validity of the offer.
  9. Transport costs.
  10. Method of payment, costs and discounts.
  11. Purchasing process.
  12. Dissociation and suspension or termination of the contract.
  13. Guarantees and returns.
  14. Applicable law and jurisdiction.

GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

ACTIVATION OF SERVICES

The PROVIDER will not activate any service until it has verified that payment has been made. As the order does not entail the physical delivery of any product, the contracted services being downloaded or activated directly from the website/APP, the PROVIDER will previously inform the USER about the procedure to be followed to carry out this download or activation.

Failure to execute the contract remotely

In the case of the provision of a service, the service will be available as soon as the USER has paid for it and can be downloaded or activated according to the PROVIDER’s conditions.

In the event that the contract cannot be executed because the contracted product is not available at that time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

In the event of unjustified delay on the part of the PROVIDER with regard to the refund of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount.

The PROVIDER shall not assume any responsibility when the download or activation of the service is not carried out due to false, inaccurate or incomplete data provided by the USER. The provision of the service will be considered to have been carried out when the USER has downloaded or activated the service.

RIGHT OF WITHDRAWAL

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to exercise the right of withdrawal, regulated in article 102 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, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiry date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

The right of withdrawal shall not apply to the contracts referred to and listed in article 103 of RDL 1/2007.

In general terms, the return must be communicated to the PROVIDER by e-mail to soporte@daremapp.com. In the event that the purchase was made via the website, the corresponding purchase code must be indicated. If the order was made from the APP, in Android version, the registration e-mail must be indicated. If the order was made from the APP, in iOS version, the refund will be paid by Apple and the USER must request it on the website https://support.apple.com/en-us/118223

CLAIMS AND ONLINE DISPUTE RESOLUTION

Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

  • Postal: DAREMAPP SOFTWARE, S.L. C/ Adaja, 4. 37185 Villamayor, Salamanca Parque Científico USAL.
  • Telephone: 34 684 415 784
  • E-mail: soporte@daremapp.com

Resolution of disputes in online (Online Dispute Resolution)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure has ceased.

COMPETENCE

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale. Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way.

The USER declares that he/she has read, knows and accepts these Conditions in their entirety.

GENERALITIES OF THE OFFER

All sales made by the PROVIDER shall be understood to be subject to these Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of DAREMAPP SFTWARE, S.L. or to what is stipulated herein, will have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements will prevail.

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 value of the products offered. These modifications shall also apply in the event that, for any reason, the possibility of supplying the services offered is affected.

PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include other additional services and annexes to the service purchased.

The prices applicable to each service are those published on the website/APP and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

For any information about the order, the USER may contact via e-mail to the address soporte@daremapp.com.

TRANSPORT COSTS

There are no transport costs.

METHODS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and will provide, as a minimum, the following methods of payment for an order:

  • Credit card
  • Google pay
  • Apple pay

The USER will be able to use a discount coupon if he/she has received one from the PROVIDER.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose 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 brands 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 card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

PURCHASING PROCESS

Purchase process on the website:

The catalogue of available products can be accessed from the website. The price will be indicated on the product purchase page (discount codes may NOT be entered on the website. These codes can only be redeemed when making a purchase from the APP). Once the “BUY” button is clicked, the payment gateway will open where the USER must enter a valid email address.

When the payment has been made correctly, a message will appear indicating that a purchase code has been sent to the indicated email address. The USER will have 90 days to redeem the code. Once this time has elapsed, the product cannot be used and the USER will not be entitled to a refund of the amount paid.

Once the purchase code has been obtained, the USER must access the APP (they must register in the APP if they are not already registered) and enter the code in the space provided for this purpose (generically at the top of the “My visit” tab and in addition, they can enter it on the product purchase page itself). The purchased product will then appear directly in the “My visits” tab of the APP.

Purchase process in the APP:

Android version

To make any purchase, the USER must be previously registered in the APP. The catalogue of available products can be accessed from the “Explore” tab. On the product purchase page, the price will be indicated (the USER can enter a discount code, if available) and once the “Buy” button has been clicked, the payment gateway will open.

When the payment has been made correctly , a confirmation message will appear, and at that moment the purchased product will appear directly in the “My visits” tab of the APP.

IOS version

To make any purchase, the USER must be previously registered in the APP. The catalogue of available products can be accessed from the “Explore” tab. On the product purchase page, the price will be indicated (the USER can enter a discount code, if available) and once the “Buy” button has been clicked, the APP STORE will open.

When the payment has been made correctly , a confirmation message will appear, and at that moment the purchased product will appear directly in the “My visits” tab of the APP.

DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.

Where the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

WARRANTIES AND REFUNDS

The guarantees will respond to what is regulated in the Title referred to “Guarantees and after-sales services” of the 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.

APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. Any dispute that may arise from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of the USER’S domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.

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