GENERAL CONDITIONS FOR CONTRACTING
Below is the document that governs the contracting of products and services through the our web site owned by “ALLDAYINTERNET, SOCIEDAD LIMITADA” (hereinafter the provider). Accepting this document implies that the user:
- Has read and understood what is set forth herein.
- Is legally qualified to contract.
- Accepts the obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracting carried out through this web site belonging to the provider.
The provider reserves the right to unilaterally change said conditions; this will not affect the objects or promotions acquired before such change.
In fulfilment of Law 34/2002, dated 11 July, concerning information society and e-commerce services, the following general conditions are made available for users before the contracting process begins. The contract governing the contracting of products and services from the providing company shall be subject to these conditions.
THE PARTIES TO THE CONTRACT
Contract by and between the supplier of the goods and services contracted by users is “ALLDAYINTERNET, SOCIEDAD LIMITADA”, with registered offices at Calle La Albericia número 43, C.P: 39012 de Santander (Cantabria/Spain), bearing Spanish VAT No. B39776414, and registered at the Business Registry of Cantabria in Volume 1047, Book 0, Folio 163, Sheet S-27899, 1st inscription,
The user, who if registered on the web site with a user name and password, for whose use and custody he holds full responsibility, is responsible for the accuracy of the personal data given to the provider, with no prejudice to the protection of personal data as read and accepted (by the corresponding “click”) on the corresponding data form.
THE PURPOSE OF THE CONTRACT
The purpose of this contract is to regulate the contractual relationship for the renting between the provider and the user when the latter accepts the corresponding box during the process of online contracting.
“ALLDAYINTERNET, SOCIEDAD LIMITADA”, as the lessor, is professionally devoted to the renting of electronic devices and equipment and in order to provide such services possesses the technical and human means to be able to carry out said tasks in accordance with the best standards as defined by the sector.
The user, as the lessee, wishes to receive said services from the lessor under the terms and conditions defined in this contract, renting the good or goods described herein.
The contractual renting relationship involves the rental of the MIFI electronic device (a portable router that enables Internet connection through the 3G network) in exchange for a sum of money that is specified and published on the web site.
THE CONTRACTING PROCEDURE
In order to access the services provided, users should register on the web site. Users should freely and voluntarily provide their personal data as requested for this purpose.
In conformity with what is required under clause 27 of Law 34/2002, concerning Information Society and E-Commerce Services, the procedure to contract shall be as follows:
The procedure for electronic contracting via the “ALLDAYINTERNET, SOCIEDAD LIMITADA” web site or the “App” for its mobile devices shall include the following steps:
- The definition of the exact dates when the renting starts and finishes.
- The number of units or devices and the price, which will be shown automatically depending on the current commercial offer.
- The possibility of contracting extra services, which shall be those currently available at the time of the offer with no prejudice to the description thereof in conformity with these general conditions.
- The form for personal data.
- Payment via a secure method (“paypal”, “sermepa” or “strype” among others).
NB: The provider will file the electronic document in which the contract is formalized and it will be accessible.
In order to identify and correct mistakes when keying in data, compulsory fields are essential to validate the format of the contact e-mail, with no prejudice to the correct identification of the user later on when the item rented is delivered.
In any case, once the contracting procedure is complete, the provider’s contracting platform will inform users of the item rented, the price, mode of transport, date of contract and the estimated delivery date for the item or service contracted via e-mail (SMS text message or similar).
DELIVERY OF ORDERS
Orders shall be delivered to the address freely specified by the user. The provider shall therefore not be held responsible if delivery is not made as a consequence of false, inaccurate or incomplete data provided by the user, or if delivery cannot be made due to reasons beyond the control of the delivery company used for this purpose, such as the absence of the addressee.
With no prejudice to the above, the provider should adopt the measures required of a diligent trader so that delivery can be made within the time agreed, and if this is not possible, as soon as is possible thereafter, to the satisfaction of both the sender and the addressee, in such a way that no responsibility can be assigned to the provider.
The provider hereby undertakes to ensure that said applications are free from viruses or any other malignant content that might affect the functioning of the equipment. The provider, likewise, shall not be held responsible for different uses made of the applications or for the lack of minimum requirements on the system they are set up on.
THE PRICE AND PERIOD OF VALIDITY FOR THE OFFER
The prices shown for each product include Value Added Tax (VAT) and other taxes that may be applicable. The prices also include postage, handling and packaging for the product or service acquired, unless specifically indicated otherwise.
The prices applicable to each product shall be published on the web site and automatically applied during the last stage of the contracting procedure, where they will necessarily be shown in such a way that they are clearly and unmistakably recognizable by the user:
- The number of devices to be rented.
- The price.
- Date contracted.
- Reception of shipment.
- Estimated date of delivery for the product.
- Penalties for delays in returning the devices.
The client accepts that in any case the economic evaluation for some of the products may vary in real time. Users will in any case always be notified thereof in advance.
For any information concerning the order, users can call customer service on (+34) 902 123 480 or send an e-mail to email@example.com. The order number assigned and indicated in the e-mail confirming the purchase should be included in the Subject field or stated on the telephone.
APPLICABLE GUARANTEES AND PENALTIES
All the products available on the web site are completely original, unless otherwise stated in the description.
They all have a period of guarantee during use with the limits and conditions specified in these general conditions.
“ALLDAYINTERNET, SOCIEDAD LIMITADA” likewise guarantees technical assistance should there be any hidden faults in the device delivered that impede its correct functioning. Said assistance involves replacing the device with another identical one if this is deemed necessary after checking the problem with the user and after a technical inspection. The assistance service does not work on Saturdays, Sundays and national bank holidays or on local, provincial and regional bank holidays in the place where the device is to be delivered. In any case, said substitution shall take place only after the problem reported by telephone exclusively in English and/or Spanish on (+34) 902 123 480 (or by e-mail to firstname.lastname@example.org) has been checked by the provider. It will then be replaced within 24 to 48 hours, not counting the above-mentioned bank holidays.
Intentional damage or damage deriving from imprudent behaviour or handling of the device rented is not guaranteed. The loss or theft of the device, even if accidental, is not covered by the guarantee; once the user receives the device, he is fully responsible for it and should inform the technical service of any such circumstance via the above telephone number or e-mail.
Should there be a delay in the delivery or returning of the terminal, a penalty of €12 per day shall be applied, up to a maximum of €80.
SERVICES NOT INCLUDED (“EXTRAS”)
The provider may include additional services that were not included in the initial price for renting devices, including but not limited to additional browsing capacity, additional batteries, car charger and insurance for aesthetical damage. In any case said services will require additional contracting by expressly selecting them with their prices including Value Added Tax (VAT) for each product and any other taxes that may be applicable.
The additional service consisting of insurance for aesthetical damage shall cover exclusively outside damage that does not affect the functioning of the device but which deteriorates its external appearance and which would enable the provider to claim for said damage if said insurance policy had not been taken out.
The lessor is the legitimate owner of the devices described in this contract and can guarantee that there is no burden or encumbrance of any kind on them, and that they work correctly at the time of delivery.
The lessee undertakes to respect and protect the devices, which belong to and are the property of the lessor, and not to grant, sublease, provide them or grant access thereto to any third party without previous express consent in writing from the lessor.
Under no circumstances shall the lessee use the devices incorrectly, in such a way that deteriorates them or is different from the typical use described in this renting. The lessee shall be exclusively responsible for all damage, harm and liabilities that may be produced or derived from said activities or from the incorrect use of the devices rented.
The lessor shall not be responsible for direct or indirect damage, general damage and lost profits, interruption of work, breakdown or loss which is due to force majeure, understood as the consequence of events or circumstances that are beyond the lessor’s control, including but not limited to government action, fire, flood, insurrection, earthquakes, technical faults, mutiny, explosions, embargoes, a legal or illegal strike, lack of personnel or material, the interruption of transport of any kind, delayed work, or any other circumstance beyond control that may affect the services in any way, with no prejudice to the section concerning the guarantees applicable contained in these general conditions.
In conformity with clause 5 of Organic Law 15/1999, dated 13 December, concerning the Protection of Personal Data, and clause 18 of Royal Decree 1720/2007, dated 21 December, by which the regulations for applying said law were approved, we hereby inform you that the data you provide us with is incorporated into a file called “web clients”, duly registered at the Spanish Agency for Data Protection, both automated and non-automated, owned by “ALLDAYINTERNET, SOCIEDAD LIMITADA”, bearing Spanish VAT No. B39776414 and whose purpose is the management of the order and services you have freely requested from us.
We likewise inform you that only essential data will be used to comply with said purpose and that your data will not be shared with third parties unless it is compulsory to do so under the law or if the regulations do not require you to be informed or to provide your consent. You can exercise your rights of opposition, cancellation, rectification and access by writing to Calle La Albericia número 43, C.P: 39012 de Santander (Cantabria/Spain) or by e-mail to email@example.com in the cases and in the format required by the data protection regulations.
The data necessary for the different forms on the diferents web sites complies with the legal requisites and standards in accordance with the data quality principle set forth in clauses 4 and 8 of Organic Law 15/1999, dated 13 December, concerning the Protection of Personal Data, and Royal Decree 1720/2007, dated 21 December, by which the regulations for applying said law were approved, respectively; in particular this data is rightfully and legally obtained in the exercise of the corporate mission of “ALLDAYINTERNET, SOCIEDAD LIMITADA”, to comply with the purposes related to services provided by the company. Said data is accurate, pertinent and reasonable in relation to said purposes.
Providing the information required for the forms is in any case optional, but necessary should you wish to contract any of our services via Internet.
Replying to the forms whose purpose is exclusively to receive information about the services provided by “ALLDAYINTERNET, SOCIEDAD LIMITADA” and any other questionnaire that may be sent in the future is entirely optional. By freely providing your data or that of third parties, you declare that you have consent from said third parties to use their data, and you expressly agree to the data being managed by “ALLDAYINTERNET, SOCIEDAD LIMITADA” and accept the obligation to inform said third parties of all that is contained herein.
Web users likewise declare that the data they provide is accurate, truthful and legitimate. In any case the user shall be responsible for any error, falsification or inaccuracy in the personal data provided. “ALLDAYINTERNET, SOCIEDAD LIMITADA” reserves the right to carry out whatever action may be necessary due to the incorrect use of said personal data or that of third parties if any kind of damage is caused to the legitimate interests of the person in charge of data management and for the incorrect use of the service requested.
APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by and interpreted according to Spanish legislation for any matter not expressly covered herein. The provider and the user agree to subject any dispute that may arise from providing the products or services under these conditions to the courts of the user’s place of residence.
If the user lives outside Spain, the provider and the user expressly renounce any other jurisdiction and declare that they are subject to the courts of the city of Santander (Spain).