General terms and conditions of use

GENERAL CONDITIONS OF USE AND CONTRACTING E-COMMERCE POLICY

E- COMMERCE POLICY

1.    INTRODUCTION:

These general terms and conditions apply to all commercial transactions carried out on our website, www.meetpointconnect.com (en adelante el Sitio o el Marketplace), dominio del que es titular MEETPOINT CONNECT S.L. (hereinafter MeetPointConnect), a company legally incorporated in Spain (CIF: B05548953).

These General Conditions of the Marketplace, together with the General Conditions of Contract, which govern the provision of services, and/or any specific conditions that may be established, are intended to regulate both the provision of information and the commercial relationships that arise between MeetPointConnect and the users of the Marketplace.

MeetPointConnect reserves the right to modify the commercial offering on the Site (modifications to products, prices, promotions, and other commercial and service conditions) at any time, although such modifications will not apply to contracts already made.

MeetPointConnect strives daily to provide information that is accurate and error-free. Should such an error occur at any time, which is entirely beyond MeetPointConnect's control, it will be corrected immediately.

The content of www.meetpointconnect.com may occasionally display provisional information about the nature of certain products. If the information provided does not correspond to the product's characteristics, the customer has the right to cancel their purchase at no cost.

These General Conditions will apply both to the promotional activity and the provision of information carried out through the Marketplace and to the provision of services offered in the Marketplace, in such a way that they will govern at all times both for simple navigation through the Marketplace, as well as for the acquisition of goods and/or the provision of services within the framework of the Marketplace, although these last activities will additionally be subject to these General Conditions of Use, as well as to the applicable general contracting conditions, and the specific conditions, if any, that may exist.

These Terms and Conditions will remain posted on the website for the user to reproduce and save as confirmation of the contract. They may be modified at any time by MeetPointConnect. It is the user's responsibilityto read them periodically, as the Terms and Conditions in effect at the time of placing orders will apply.

Acceptance of this document implies that the USER:

·        You have read, understand and comprehend what is stated here.

·        It is a person with sufficient capacity to enter into a contract.

·        Assume all obligations set forth herein.

These terms and conditions will be valid indefinitely and will apply to all contracts made through the MeetPointConnect website.

2.    USER OBLIGATIONS

1. Access to and/or use of this Marketplace grants you the status of USER who accepts the General Conditions of Use reflected herein, from said access and/or use. These Conditions shall apply regardless of the Contracting Conditions that may be mandatory, any Specific Conditions that may apply, as well as complying with any special warnings or instructions for use contained therein or in the Marketplace and always acting in accordance with the law, good customs and the requirements of good faith, using the due diligence appropriate to the nature of the service you enjoy, refraining from using the Marketplace in any way that may impede, damage or impair its normal operation, the assets or rights of Marketplace de cualquier forma que pueda impedir, dañar o deteriorar el normal funcionamiento del mismo, los bienes o derechos de MeetPointConnect, its suppliers, other Users or, in general, any third party.

2. Specifically, and without implying any restriction on the obligation assumed by the User in general in accordance with the previous section, the User undertakes, when using the Marketplace, as well as when providing the services, to:

1. By registering, the User undertakes to ensure that the information provided is accurate and to keep it updated. They also undertake to properly safeguard the "username" and "password," as identifying and enabling elements for access to the different Marketplace services. They undertake not to transfer their use or allow access to them to third parties, and assume liability for any damages that may arise from their improper use. Likewise, the User undertakes to notify MeetPointConnect as quickly as possible of any loss or theft, as well as any risk of access to the "Username" and/or "Password" by a third party..
2. Not to introduce, store or distribute in or from the Marketplace any content or propaganda of a defamatory, insulting, obscene, threatening, xenophobic nature, that incites violence or discrimination based on race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and, in general, current regulations.
3. Cause damage to the physical and logical systems of MeetPointConnect, its suppliers or third parties, introduce or spreadthrough the Marketplace any malicious program or any other physical or logical systems that are likely to cause damage to the Marketplace, any of its services, any of the equipment or networks of meetpointconnect.com, any user or any MeetPointConnect supplier, and in general any third party.
4. Not to carry out advertising, promotional or commercial exploitation activities through the Marketplace, not to use the contents and in particular the information obtained through the Marketplace to send advertising, send messages for direct sales purposes or for any other commercial purpose, nor to collect or store personal data of third parties.
5. Do not use false identities or impersonate others when using the Marketplace or any of the Marketplace services, including, where applicable, using third-party passwords or access keys or in any other way.
6. Not to destroy, alter, use for your use, render useless or damage the data, information, programs or electronic documents of MeetPointConnect, its suppliers or third parties.
7. Not to introduce, store, or distribute through the Marketplace any content that infringes the intellectual or industrial property rights or trade secrets of third parties, or in general any content for which you do not have the right, in accordance with the law, to make available to third parties.

3.    CONDITIONS FOR THE PROVISION OF SERVICES BETWEEN MEETPOINTCONNECT AND USERS

 I.These general terms and conditions, together with any specific terms and conditions that may be established, shall expressly govern the relationship between MeetPointConnect, with registered address at Carretera Madrid - Cartagena, 381. Edif. Moneo, bajo 2; 30500, Molina de Segura, Murcia, with CIF B05548953, and third parties (hereinafter "Users") who contract the provision of the services or products offered through the Marketplace.

II. These General Conditions have been drawn up in accordance with the provisions of Law 34/2002 on information society services and electronic commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007, of 16 November, approving the Revised Text of the General Law on the Protection of Consumers and Users and other complementary laws, Law 7/1996 on the Regulation of Retail Trade, Law 59/2003, of 19 December, on Electronic Signatures and any other applicable legal provisions.

III.By using and/or providing any of the Marketplace services, you as a User accept, without reservation of any kind, each and every one of the General Terms and Conditions of Contract, the General Terms and Conditions of Useof the Marketplace, as well as, where applicable, any Specific Conditions that govern the purchase.

IV.MeetPointConnect informs you that the procedures for purchasing goods and/or obtaining the services offered are those described in these general conditions, as well as any other specific ones indicated on the screen during browsing. Users declare that they are aware of and accept these procedures as necessary to access the products and services offered in the Marketplace.

V.All information provided during the contracting process will be stored by MeetPointConnect so that the User may, upon written or email request, request information regarding transactions carried out within the previous 6 months. Any modification and/or correction of the data provided by Users while browsing must be made according to the instructions included on the Site.

VI.MeetPointConnect makes available to the customer through the Site a Marketplace that allows the purchase of products and subscriptions to its own solutions and those of third-party sellers (hereinafter Seller or Provider). The products offered and sold by third-party sellers through the Marketplace are subject to their own terms of sale, to which MeetPointConnect is not a party and, therefore, assumes no responsibility in this regard. MeetPointConnect is not responsible for the product offered and sold by the third party, nor does it represent the third-party seller. MeetPointConnect simply provides the platform so that third-party sellers can carry out transactions. These transactions are subject to the terms of sale that the seller makes available to the customer. The seller is solely responsible for the sale of its products, as well as for its relationship with the customer. The customer is solely responsible for its use of the Marketplace and for the choice of products purchased from sellers. MeetPointConnect releases MeetPointConnect from any claims arising from the use and acquisition of products from third parties through the Marketplace.

 I.The Services offered in the Marketplace will be governed by the provisions of these General Conditions and, in particular, by the provisions of the Specific Conditions established for each of said services.

II.In order to access the services offered through the Marketplace, MeetPointConnect may provide the User with a username and password ("Password"). The username and password provided by MeetPointConnect to the User are identifying and enabling elements for accessing the services and are personal and non-transferable. MeetPointConnect may, with due notice, make changes to the User's username and/or password, in which case the changed passwords will become invalid.

III.All technical means and requirements required to access the Marketplace and the services offered therein shall be the sole responsibility of the User, as well as any expenses or taxes that may arise from the provision of said services.

IV.Once logged in, and to proceed with the use of the different services, the User must follow all the on-screen prompts and instructions, completing the Specific Conditions and other forms established for each service. This will imply reading and accepting all the general conditions established in the General Conditions of Use of the Marketplace, in these General Conditions of Contract, as well as, where applicable, any Specific Conditions that may be applicable.

·         Company or individual details:

All requested information must be completed in the fields provided. Failure to complete fields marked as mandatory will result in the inability to complete the registration, purchase, or contact process.

·         Billing and collection data:

You must complete all necessary information to complete the payment method selected for the purchase of the products and/or subscription to the selected services. To do so, follow the on-screen instructions at all times.

 I.The products and services offered in the Marketplace, along with their characteristics and prices, will appear on the screen. Furthermore, if shipping costs are indicated for the product, these will always be borne by the buyer. The prices indicated on the screen are in euros and will always indicate whether or not they include VAT. Offers will be duly indicated on the screen. MeetPointConnect, as appropriate, reserves the right to decide at any time the products and services contained and offered to Users through the Marketplace. Thus, MeetPointConnect may at any time add new products and/or services to those included in the Marketplace. It is understood, unless otherwise provided, that these will be governed by the General Purchase Conditions in force at that time, as well as by the specific contracting conditions, if applicable. Likewise, MeetPointConnect reserves the right to stop providing access, at any time and without prior notice, to any of the products and/or services offered in the Marketplace.

II.To purchase products in the Marketplace, MeetPointConnect will ask Users to register, for which said Users, who must be over eighteen (18) years of age, must complete the instructions that appear on the screen and will be required to execute the following instructions, as well as any others included in the different screens of the Store:

-         Complete the electronic form that appears in the Store at any time, following the instructions provided.

-         Press the ACCEPT icon/button.

-         Receipt of registration confirmation in the User's email account.

The Username and Password provided by MeetPointConnect to the User are identifying and enabling elements for accessing and making purchases and are personal and non-transferable.

The Username cannot be modified by the User, but the password can be modified, in which case the original keys will lose their validity.

If the user forgets their password, a new one will be sent to the email address they have registered.

III.Once the User has registered, and to proceed with the purchase of Products and/or subscription to Services, they must add the product or service they wish to acquire to the Shopping Cart, following the on-screen instructions. Once all the products and/or services have been selected, the purchase will be accepted, which implies reading and irrevocable acceptance of each and every one of these General Purchase Conditions, as well as, where applicable, any existing Specific Conditions.

-        To contract the services of Fich@ by Tacholab®, by accepting these general contracting conditions, the User also unequivocally accepts the General Contracting Conditions for the use of Fich@ by Tacholab, which can be accessed through the following link: general contracting conditions for the use of FICH@ BY TACHOLAB..

-        To contract the service “My Drivers: Drivers x Europe”, by accepting these general contracting conditions, the User also unequivocally accepts the General Contracting Conditions of the service “My Drivers: Drivers x Europe”, which can be accessed through the following link: General Contracting Conditions for the use of My Drivers®.

-        To contract the "Legal Space" service, by accepting these general contracting conditions, the User also unequivocally accepts the General Conditions for the provision of the "Legal Advice" service, which can be accessed through the following link:General Conditions and Contracting for the use of Legal Space®..

-        To contract the “Labor Expert Report” service, by accepting these general contracting conditions, the User also unequivocally accepts the General Conditions for the provision of the service of “analysis of data and/or tachograph records in accordance with the rules and provisions of labor law that are applicable at any given time, as well as, where appropriate, the issuance of the corresponding report based on the result obtained over the contracted period”, which can be accessed through the following link:General Conditions and Contracting for the use of Labor Expert Report®

In the event of any contradiction between the provisions of these General Purchase Conditions and the specific clauses of the Specific Conditions applicable to the contracting of services marketed through the Marketplace, the provisions of the Specific Conditions governing the provision of the contracted service shall prevail.

 Purchase prices will be those in effect at the time the order and/or subscription is placed.

IV.On January 1 of each year, prices will be revised by the same percentage as the change in the Consumer Price Index (CPI) provided by the National Statistics Institute (INE) or any other entity that replaces it. Rates will also be subject to changes established by current legislation or, where appropriate, the needs of the service.

V.Once the purchase has been made, the User will receive confirmation of the purchase and/or subscription via email. The Customer may obtain their invoice by accessing their customer area using their password and username. As soon as possible, but always within 48 hours of the purchase, the MeetPointConnect Customer Service Department will email the User with proof of purchase. Likewise, the Customer may request, and MeetPointConnect will send the corresponding invoice. The order confirmation and proof of purchase will not be valid as an invoice.

VI.MeetPointConnect reserves the right to cancel the Username and password, and therefore access to the Marketplace, of those users who maintain outstanding or unpaid balances with MeetPointConnect, in addition to not allowing the contracting of any order to those users who use the Marketplace and make their purchases in bad faith, or breach any of these General Conditions of Purchase, as well as, where applicable, the existing Specific Conditions or abuse the different offers or promotions.

VII.For any communication regarding status, incidents, and/or order management, MeetPointConnect will contact the user through the various channels available, such as telephone, SMS, and/or email, unless the user indicates otherwise. The preferred communication channel will be the Message Marketplace in the private customer area available in the Marketplace.

I.   Payment for the price of the purchased goods and shipping costs, which will appear on the screen, may be made using the payment methods indicated on the screen at any given time. To proceed with payment, the User must follow each and every one of the on-screen instructions.

As an electronic payment system, MeetPointConnect has an e-commerce payment gateway installed. All data provided for this purpose is encrypted to ensure maximum security. It is hosted on a secure server certified according to the SSL protocol.

Likewise, MeetPointConnect states that it does not store in any way the payment data provided by Users through the payment gateway, and that it is only retained while the purchase is made, payment is made, and until the withdrawal period has elapsed.

In order to ensure maximum security for our customers, MeetPointConnect reserves the right to request documents corresponding to the User's identity and payment method prior to delivery of the order.

II.   In accordance with the provisions of the Consolidated Text of the Consumer and User Law, MeetPointConnect will deliver the goods purchasedby the User to the Buyer's address indicated for this purpose in the order form, within the agreed period and, in any case, always before thirty (30) calendar days from the date the order is placed, unless a longer period is indicated in the order itself. The shipping costs for each order will be borne by the Buyer..

III.  The user/consumer may opt for home delivery service. Products will not be delivered to PO boxes or public places other than those explicitly offered during the purchasing process.

IV.   The delivery period will be as expressly indicated for each product, always understanding that said delivery period refers to business days, which will be counted from the date of confirmation of the order by MeetPointConnect.

V.  The user will have a period of 14 calendar days to cancel the purchase, provided that the nature of the purchased goods permits it and it is not covered by Article 103 of Royal Decree-Law 1/2007. The 14-day period established in the previous paragraph will be calculated from the user's receipt of the purchased goods. In any case, it will be understood that the user has been informed of the right of withdrawal from the moment they enter the Marketplace, which requires reading and accepting these General Conditions, the applicable specific conditions, if any, as well as our Returns Policy, and in any case from the moment they place the order.

For services purchased through the Marketplace, the return policy will be governed by the general terms and conditions applicable in each case, which were accepted by the User during the purchase process.

For all other products purchased through the Marketplace, MeetPointConnect will apply the following return policy:

-        The return period for our online store is 14 days from receipt of the order.

-        Under no circumstances should the customer return the merchandise to MeetPointConnect at their own expense without prior notice. MeetPointConnect will not be responsible for such merchandise.

-        To return any item from our online store, please contact MeetPointConnect through the Customer Service section of the Marketplace or, alternatively, by sending an email to info@meetpointconnect.es.

Below, we inform you how to proceed in each case:

Product damaged during shipping

Upon receiving the product, the User must carefully inspect it. If they find that it has been damaged during shipping, they must contact MeetPointConnect immediately through the Customer Service section of the Marketplace or, alternatively, by sending an email to info@meetpointconnect.es.

2. Wrong product

If the User has received a product other than the one purchased, they have 14 calendar days from the date of receipt to return the order. To do so, they must contact customer service on the MeetPointConnect Marketplace page or, alternatively, by sending an email to info@meetpointconnect.es.

3. Defective product

For returns due to defective products, the defect must first be confirmed by sending photos that prove the item is actually damaged or deteriorated.

All products come with a two-year warranty. In the event of a defective product, MeetPointConnect will cover all costs for repair, replacement, or refund, as appropriate.

Esta Garantía incluye los portes, el material y la mano de obra, pero según la ley de garantía de bienes de consumo, son excluidos de su cobertura, las características propias del producto propias de su naturaleza, así como los daños producidos por un mal uso del mismo o una limpieza inadecuada.

This warranty does not cover defects caused by negligence, impacts, improper use or handling, incorrect installation, or materials subject to wear and tear due to normal use.

The guarantee will lose its value:

                           I.            If any of the data on the certificate or the proof of purchase are modified, altered or replaced.

                         II.            To make use of the warranty, it is essential to present proof of

4. Other cases

For all other cases, the user has 14 calendar days from receipt to return the product. To do so, they must contact MeetPointConnect through the Customer Service section of the Marketplace or, alternatively, by sending an email to info@meetpointconnect.es. For returns, the product must be in perfect condition, in its original packaging, and retain all accessories.

Once the product has been received by MeetPointConnect and its condition verified, the order amount will be refunded, minus shipping costs, using the same payment method the User used to make the purchase.

In the event of a product return, the return and shipping costs will be borne by the customer.

This contract shall be governed by Spanish law, which shall apply to all matters not provided for in this contract regarding interpretation, validity, and execution.

4.    CONSUMER INFORMATION: GUARANTEE LAW

According to the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws approved by Royal Legislative Decree 1/2007, of November 16, consumers and users have the following rights:

If the purchased product is non-compliant, the consumer may choose between demanding repair or replacement of the good, unless one of these options is impossible or disproportionate. For these purposes, any form of remedy that imposes costs on the seller that are unreasonable compared to the other form of remedy will be considered disproportionate, taking into account the value the good would have had if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative remedy could be carried out without major inconvenience to the consumer. This repair and replacement:

1. It will be free for the consumer;
2. It will be carried out within a reasonable period of time and without major inconvenience to the consumer;
3. Repair or replacement will suspend the warranty period from the moment the consumer exercises the option until the delivery of the replacement product or the repaired product, as applicable;
4. If the good is repaired or replaced and is still not in accordance with the contract, the consumer may request the termination of the contract or a price reduction;
5. The consumer may not demand replacement of the good in the case of non-fungible goods or in the case of second-hand goods.

Price reductions and termination of the contract will be available, at the consumer's discretion, when the consumer cannot demand repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconvenience to the consumer. The price reduction must be proportional to the difference in value between the value the good would have had at the time of delivery, had it been delivered in accordance with the contract, and the value the good actually had at the time of delivery. However, termination of the contract will not be applicable when the lack of conformity is minor.

(a) Period for exercising rights. The seller is liable for any lack of conformity that becomes apparent within two years of delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.

(b) Action against the producer. Under the terms provided by law, the consumer may contact and file a claim directly with the producer and/or manufacturer to obtain a replacement or repair of the goods. For any questions or complaints, please contact our Customer Service Department at the following email address: info@meetpointconnect.com 

In the event of any dispute arising from products or services purchased through this website, consumers have the right to resort to the European Union's online dispute resolution (ODR) platform. This platform provides a simple and free mechanism for the out-of-court settlement of disputes between consumers and merchants established in the European Union.

To access the platform, consumers can visit the following link: https://ec.europa.eu/consumers/odr/main/

By using this platform, consumers can file their complaint electronically and request the intervention of a dispute resolution body to seek an amicable solution.

5.    5. 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, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, if the USER fails to comply with the obligations set forth in this contract or any applicable legal provision, license, regulation, directive, code of practice or policy.

When 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.

6.    APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly provided for herein. Any dispute arising from the provision of the products or services covered by these Terms and Conditions shall be submitted to the courts and tribunals of the USER's domicile, the place of performance of the obligation, or the location of the property, if immovable.