Legal Notice

¡Hecho! He reemplazado todas las instancias de www.splora.es por www.mapthefun.eu en el texto traducido.

Aquí tienes la versión actualizada en inglés con la estructura y encabezados intactos.

www.mapthefun.eu

1. GENERAL INFORMATION

The ownership of this website www.mapthefun.eu, (hereinafter Website) is held by: FUNDACIÓN SPLORA, provided with NIF (Tax Identification Number): G47800537 and registered in: Register of Foundations of Castilla y León; and whose registration data is: CL-47-00976, and whose contact details are:

Address: Paseo del Cauce 92 Contact Phone: 698909030 Contact Email: info@splora.es

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.mapthefun.eu) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, the activity that FUNDACIÓN SPLORA develops through the Website includes:

NON-PROFIT ENTITY DEDICATED TO THE PROMOTION, DEVELOPMENT AND SOCIAL AND ENVIRONMENTAL INNOVATION.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookie policy, and the privacy and data protection policy of FUNDACIÓN SPLORA. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if you do not agree with all of this, you should not use this Website.

Likewise, it is informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website since those that are in force at the time the acquisition of products and/or services is requested will be applicable.

For all questions the User may have regarding the Conditions, they can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

The access, browsing and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), whereby all the Conditions established herein, as well as their subsequent modifications, are accepted from the moment browsing the Website begins, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • Making use of this Website solely to make legally valid inquiries and purchases or acquisitions.
  • Not making any false or fraudulent purchase. If it could reasonably be considered that that a purchase of this nature has been made, it may be cancelled and the relevant authorities informed.
  • Providing truthful and lawful contact details, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The User may formalize, at their choice, the contract for the sale of the desired products and/or services with FUNDACIÓN SPLORA in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can purchase on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of www.mapthefun.eu, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: «COLABORA» (Collaborate)

Likewise, the User must fill in and/or check the information requested in each step, although, during the purchase process, before making the payment, the purchase details can be modified.

Subsequently, the User will receive an email confirming that FUNDACIÓN SPLORA has received their order or request for purchase and/or service provision, that is, the order confirmation. And, where appropriate, they will also be informed by email when their purchase is being shipped.

Once the purchase procedure has concluded, the User consents that the Website generates an electronic invoice that will be sent to the User via email. Likewise, the User may, if they wish, obtain a paper copy of their invoice, requesting it from FUNDACIÓN SPLORA using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular sales conditions that concern the product and/or service in question and which are shown alongside its presentation or, where appropriate, image on its page on the Website, indicating, by way of example but not exhaustive, and depending on the case: name, price, components, weight, quantity, colour, product details, or characteristics, the manner in which the services will be carried out and/or the cost of the services; and acknowledges that placing the purchase order or acquisition materializes the full and complete acceptance of the particular sales conditions applicable to each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website may be filed and preserved in the computerized records of FUNDACIÓN SPLORA in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the current laws and regulations that are applicable in this regard, and particularly attending to Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights, and the rights assisting Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by FUNDACIÓN SPLORA through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects their supply and/or the provision of services. Should difficulties arise regarding the supply of products or if there are no products left in stock, FUNDACIÓN SPLORA undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will also be applicable in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless by legal requirement, especially regarding VAT, a different issue is indicated and applied.

However, and unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time the shipping procedure is managed by the User, and where the latter will consult the available shipping methods and costs and freely choose the one that suits them best.

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 voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: Bank Transfer.

FUNDACIÓN SPLORA uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

In any case, by clicking on «COLABORA» (Collaborate) the User confirms that the payment method used is theirs.

Purchase or acquisition orders in which the User selects bank transfer as the means of payment will be reserved for 5 calendar days from the order confirmation to allow sufficient time for the bank transfer to be taken into account by the payment system used by FUNDACIÓN SPLORA for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

Using this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, FUNDACIÓN SPLORA will not be able to validate the order, which will be cancelled.

6. DELIVERY

In cases where the physical delivery of the contracted good is appropriate, deliveries will be made within the scope of the following territory: Spain (Peninsula and Balearic Islands).

Except for cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period specified on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason attributable to it, FUNDACIÓN SPLORA could not meet the delivery date, it will contact the User to inform them of this circumstance and the User may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to arrange for it to be delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, they must contact FUNDACIÓN SPLORA to arrange delivery on another day.

In the event that 30 days have elapsed since their order is available for delivery, and it has not been delivered due to a cause not attributable to FUNDACIÓN SPLORA, FUNDACIÓN SPLORA will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned to them, with the exception of the additional expenses resulting from the User’s own choice of a delivery method different from the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to them.

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment the User or a third party indicated by the User acquires material possession of the products, which will be evidenced by signing the receipt of the order at the agreed delivery address.

Doe risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when FUNDACIÓN SPLORA receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this occurs at a later time than the complete receipt of the amount of payment by FUNDACIÓN SPLORA.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or service provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory excluding the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that they detect an error when entering data necessary to process their purchase request on the Website, they may modify the same by contacting FUNDACIÓN SPLORA 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). Likewise, this information could also be corrected by the User through their personal connection space to the Website.

In any case, the User, before clicking on «COLABORA» (Collaborate), has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right to rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights.

8. RETURNS

In cases where the User acquires products on or through the owner’s Website, they are entitled to a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, is entitled to the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by them, other than the carrier, acquired material possession of the goods purchased on the FUNDACIÓN SPLORA Website or in case the goods that make up their order are delivered separately, 14 calendar days from the day that the User or a third party authorized by them, other than the carrier, acquired material possession of the last of those goods that comprised the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify FUNDACIÓN SPLORA of their decision. They may do so, where appropriate, through the contact spaces enabled on the Website.

The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that FUNDACIÓN SPLORA makes available to them as an annex to these Conditions, however, its use is not mandatory.

To meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, FUNDACIÓN SPLORA will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method different from the least expensive option offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which FUNDACIÓN SPLORA is informed of the User’s decision to withdraw.

FUNDACIÓN SPLORA will reimburse the User using the same payment method that the User used to carry out the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, FUNDACIÓN SPLORA may withhold said reimbursement until having received the products or items of the purchase, or until the User presents proof of their return, whichever condition is met first.

The User can return or send the products to FUNDACIÓN SPLORA at:

And must do so without any undue delay and, in any case, no later than within 14 calendar days from the date on which FUNDACIÓN SPLORA was informed of the decision to withdraw.

The User acknowledges being aware that they must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, they will be responsible for the decrease in value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case for: customized products; products that can deteriorate or expire quickly; music or video CDs/DVDs without their wrapping, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

The provision of a service that the User may contract on this Website is governed in the same way, since this same Law establishes that the Right of Withdrawal will not apply to Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been completely executed by FUNDACIÓN SPLORA, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

Likewise, products must be returned using or including all their original packaging, instructions and other documents that may accompany them, in addition to a copy of the purchase invoice.

The Model Withdrawal Form can be downloaded from the following link: BEHER.ES/DESESTIMIENTO

Return of Defective Products or Shipping Error

This refers to all those cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and who, therefore, must contact FUNDACIÓN SPLORA immediately and inform them of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and once returned, they will be examined, and the User will be informed, within a reasonable period, whether the refund or, where appropriate, the replacement of the product is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned due to a defect, when it truly exists, will be refunded in full, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the current legislation at all times for the User, as a consumer and user, will always apply.

Warranties

The User, as a consumer and user, enjoys guarantees on the products they may acquire through this Website, under the legally established terms for each type of product, FUNDACIÓN SPLORA being responsible, therefore, for any lack of conformity of the same that is manifested within a period of two years from the delivery of the product.

In this regard, it is understood that the products are in conformity with the contract provided that: they comply with the description made by FUNDACIÓN SPLORA and possess the qualities presented therein; they are suitable for the uses ordinarily intended for products of the same type; and they present the quality and features usual for a product of the same type and which are fundamentally to be expected of it. When this is not the case with respect to the products delivered to the User, the latter must proceed as indicated in the section on Return of Defective Products or Shipping Error. However, some of the products sold on the Website may have non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

Furthermore, it could happen that the User acquires a product on the Website from a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information related to the product warranty.

9. EXEMPTION FROM LIABILITY

Unless otherwise provided by law, FUNDACIÓN SPLORA will not accept any responsibility 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 profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenditure incurred); or
  • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.

Likewise, FUNDACIÓN SPLORA also limits its responsibility regarding the following cases:

  • FUNDACIÓN SPLORA applies all measures concerning providing a faithful visualization of the product on the Website, however, it is not responsible for the minimal differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.
  • FUNDACIÓN SPLORA will act with the utmost diligence in order to make the product subject to the purchase order available to the company in charge of transport. However, it is not responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, road retentions, and generally any others typical of the sector, which result in delays, losses or theft of the product.
  • Technical failures due to fortuitous causes or of another nature that prevent the normal operation of the service through the internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the service from being available. FUNDACIÓN SPLORA uses all means at its disposal in order to carry out the purchase, payment and shipping/delivery process of the products, however, it is exempt from responsibility for causes not attributable to it, force majeure or unforeseen circumstances.
  • FUNDACIÓN SPLORA will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, FUNDACIÓN SPLORA will also not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.

In general, FUNDACIÓN SPLORA will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when the same is due to events that are outside its reasonable control, that is, due to a cause of force majeure, and this may include, by way of example but not exhaustive:

  • Strikes, lockouts or other industrial action.
  • Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunication systems.
  • 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 cause continues, and FUNDACIÓN SPLORA will have an extension in the period to comply with them for a period of time equal to the duration of the force majeure cause. FUNDACIÓN SPLORA will use all reasonable means to find a solution that allows it to comply with its obligations despite the force majeure cause.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with FUNDACIÓN SPLORA 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 every contract, notification, information and other communications that FUNDACIÓN SPLORA sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with FUNDACIÓN SPLORA through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless stipulated otherwise, FUNDACIÓN SPLORA may contact and/or notify the User at their email or postal address provided.

11. WAIVER

No waiver by FUNDACIÓN SPLORA of a specific legal right or action or the failure of FUNDACIÓN SPLORA to require strict compliance by the User with any of their obligations shall constitute, either a waiver of other rights or actions derived from a contract or the Conditions, or shall exonerate the User from compliance with their obligations.

No waiver by FUNDACIÓN SPLORA of any of these Conditions or the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

12. SEVERABILITY

If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement existing between the User and FUNDACIÓN SPLORA in relation to the object of sale and purchase and supersede any other previous pact, agreement or promise agreed verbally or in writing by the same parties.

The User and FUNDACIÓN SPLORA acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to FUNDACIÓN SPLORA in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data they provide is truthful.

15. APPLICABLE LAW AND JURISDICTION

The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

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 contracts of sale between FUNDACIÓN SPLORA 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 FUNDACIÓN SPLORA their complaints, claims or any other comment they wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, FUNDACIÓN SPLORA has official complaint forms available to consumers and users, and these can be requested from FUNDACIÓN SPLORA 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 FUNDACIÓN SPLORA and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of 21 May 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/CE. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.