1.- INTRODUCTION
More than ever, Gavà trade is a service of
'Ajuntamentde Gavànon-profit, in order to promote the trade of Gavà, as a result of the difficulties arising in commercial activity due to COVID'19. This service allows Gavà merchants to include offers of their products and/or services for direct sale through the website of mesquemaigava.cat.
2.- GENERAL INFORMATION AND WEB OWNERSHIP
The web
mesquemaigava.cat is owned by
City Council of Gavà, with address at Plaça de Jaume Balmes s/n, 08850 Gavà and with CIF P-0808800-G. The email of our Citizen Service in terms of data is
dpd@gava.cat, where you can go at any time and we will be at your disposal to assist you as soon as possible. With reference to the content of these conditions of use, the status of user is acquired by the use and navigation on the web
mesquemaigava.cat.
In order to make a purchase on the web, registration by users is not required, only that they have an account on the PayPal platform.
By using this website or by contacting its professionals to request information about goods or services through it, the user gives his consent to be bound by these Conditions and by all the above, so if he does not agree with all this, he must not use this website. This document (as well as any other document mentioned here) regulates the conditions (hereinafter, Conditions) governing the use of this website (
mesquemaigava.cat).
For access to the services of the web
mesquemaigava.cat it will be necessary to read the information on data protection both on this website and on that of the merchant. In addition to reading these Conditions, before accessing, browsing and/or using the website, the user must have read
Legal Noticeand these General Conditions of Use, including,
cookie policy, and the
privacy policy andData protection of
mesquemaigava.cat.
However, it is reported that these Terms may be modified. The user is responsible for consulting them every time they access, browse and/or use the website, since those that are in force at the time when information is requested in relation to one of the products or services of the website will be applicable. Any new version of the latter will be indicated beforehand. In the event that any of the terms of the General Conditions of Use is declared illegal or not objectionable by a court decision, the rest of the provisions will remain in force. For all questions that the user may have in relation to the Conditions, he can contact the owner using the contact details provided above. The presentportal is the property of
Gavà City Council. Exclusively the professional bidders are authorized to publish on the portal
mesquemaigava.cat products or services specific to the municipality.
3.- OBJECT AND SCOPE OF APPLICATION
The General Conditions of Use of
Gavà Town Councils described below, define the rights and obligations within the framework of its website and in commercial transactions through
mesquemaigava.cat between the offering merchants and their customers. For the purposes of these Conditions, it is understood that the activity that l
'City Council ofdeveloped through the Web includes information and intermediation in the sale of products and services of merchants in the municipality of Gavà. The contractual information is presented in Catalan.
4.- USERS
Access, browsing and use of the Website confer the status of a user (hereinafter referred to, interchangeably, individually as a User or jointly as Users), by which they accept, from the moment the navigation on the Website begins, all the Conditions established herein, as well as in subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance according to the case. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
• Make use of this website only to make inquiries, purchase discount vouchers and access to the websites of merchants.
• Do not make the query for a false or fraudulent purchase. If it could reasonably be considered that such a purchase had been made, it could be annulled and the relevant authorities would be informed.
• Provide truthful and lawful contact details, for example, email address, postal address and/or other data when contacting Gavà City Council to make any queries (see
Legal Notice).
• The User declares to be over 18 years of age and to have the legal capacity to sign contracts through this Webspace. The Website is mainly aimed at users residing in the municipality of Gavà. L
'Gavà City Council does not ensure that the Website complies with the laws of other countries outside Spain, either in whole or in part. THE
Gavà City Councildeclines all responsibility that may arise from this access, nor does it ensure shipments or provision of services outside Spain through the merchants of the municipality. The User will formalize the purchase and sale of products and services with the merchants through their own website. The purchase of discount vouchers will be made on this website through PayPal. In order to make these purchases, it will be necessary to have a previous PayPal user.
5.- INFORMATION PROVIDED ON OUR WEBSITE
In the
Gavà City Councilwe do our best to ensure that the advertisers on the web are accurately and accurately described. Even so, the included visual (images) or written information of each trader have a basically informative and indicative function, for all this the
Gavà City Councilis not responsible in any case for the occurrence of errors in this information.The User does not acquire any rights or license in relation to the service or the elements therein, except for the limited right to use the service in accordance with the general conditions. If the user decides to dump part of the service, he must do so in accordance with the general conditions.
6.- INTELLECTUAL AND INDUSTRIAL PROPERTY
All content included on the website of
mesquemaigava.cat, such as texts, audiovisual content, source codes, design, logos, trademarks, and others are the property of
Gavà City Council o the rights and consents of their owners (traders) have been obtained for their use and are protected by the regulations governing Intellectual Property eIndustrial. The use and navigation of our website does not imply in any case an authorization or license of any kind on these contents. The trader with an advertisement posted on the platform, has authorized to reproduce, distribute and publicly communicate the photographs, offers and texts that inserted his advertisement for the purposes described. It is expressly forbidden to use them either by exploiting them, reproducing them, transforming them, distributing them, etc. in any format without prior consent. This obligation exists for as long as this website operates
mesquemaigava.catand even after its validity. For more information read the section
“Legal Notice”.
7.- PROCESS AND CONDITIONS OF THE PURCHASE OF DISCOUNT VOUCHERS
Users must follow the online purchase procedure during which they can select the discount vouchers they wish to purchase. When the discount voucher has been chosen, click on “Buy voucher” and then it will be sent to the user on the PayPal purchase page. Finally, clicking on “Next” will ask us to insert the PayPal account we have. Only fully qualified people will be able to place orders at
mesquemaigava.cat. At the time when the user does
clickon the button
“Buy voucher”and
“Next”, when making the purchase, you are fully and unreservedly accepting the entire content of these General Conditions of Use, the user may print a copy of them.
8.- AVAILABILITY AND PRICES OF DISCOUNT VOUCHERS
In general, all the discount vouchers advertised in
mesquemaigava.catare available for consultation and purchase. In the event that a discount voucher is not available when the payment has already been made or the information regarding it has been requested, the user will be informed of this circumstance. The price of the discount vouchers offered on the website
mesquemaigava.cat is indicated in Euros (€) with all taxes included. In accordance with the provisions of Law 37/1992 of 28 December, on Value Added Tax (VAT), the applicable VAT rate will be the one legally in force at the time the goods or services are purchased.
L
'Ajuntamentde Gavàis not responsible for any possible modifications that may be made by merchants at any time to the prices and the right to refuse any intermediation in the purchase for reasons subject to the law.
9.- MEANS OF PAYMENT
Payment for purchases is made through PayPal. The User, by clicking on
“ACCEPT”,confirm that the payment method used is yours. In accordance with current legislation on confidentiality and security of personal data, Gavà City Council will not store personal information relating to the user's data contained in Paypal. The User is referred to consult
Legal Noticeand the
Privacy Policyto collect more information on how to exercise your right of rectification as established in Organic Law 3/2018, of December 5, on Data Protection.
10.- WITHDRAWAL
The User, as both a consumer and a User, makes a purchase through the Website and, therefore, is entitled to withdraw from the purchase made within 14 calendar days without the need for justification. This withdrawal period will expire after 14 calendar days from the day that the User or a third party authorized by it, acquired the goods purchased on the Website. In order to exercise this right of withdrawal, the User must notify her decision
.You may do so, where appropriate, through the contact details of the respective stores from which they have purchased the discount vouchers.The user acknowledges 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 of:personalized products, products that may deteriorate or expire quickly; CDs/DVDs of music or video without the packaging, as it is sealed at the factory; products that for hygiene or health reasons are sealed and have been opened after delivery.In the same sense, the provision is governed of a service that the User could contract in this Web Space, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has has been fully executed, or when it has begun, with the express consent of the consumer and User and with the recognition on their part that they are aware that, once the contract has been fully executed, they will have lost their right of withdrawal. In any case, the City Council of Gavà refers you to consult the conditions of each of the shops that are present in
mesquemaigava.catto be able to know from the conditions of each of these.
11.- GUARANTEES OF THE PRODUCTS
The User, as a consumer and User, enjoys a series of guarantees on the products that can be purchased from the Sellers through this Website, within the legally established deadlines for each type of product (in this case a good), proceeding to respond, therefore, to the lack of conformity of the same that manifests itself within 2 years from the delivery of the product. The City Council of Gavà once again sends you to consult the conditions of each of the shops that are present in
mesquemaigava.cat to be able to have knowledge of the conditions regarding the guarantees of the products of each of them.
12.- RESPONSIBILITIES AND APPLICABLE LEGISLATION
The User acknowledges that she uses the website
mesquemaigava.cat at your own risk and/or responsibility and you acknowledge that the Service and any element therein, including but not limited to the content, services, advertisements (the “Elements”) are provided explicitly and that
mesquemaigava.cat does not expressly or implicitly warrant the elements including, but not limited to, non-performance, title or suitability for a particular purpose or use. L
'Ajuntamentde Gavà It does not guarantee that your website
mesquemaigava.catis compatible with its physical or logical equipment, nor that the service is free of errors, viruses or “malware” and is not responsible for damage caused by these destructive elements. The User acknowledges and accepts that any contractual or extra-contractual relationship that, where applicable, formalizes with advertisers or third parties contacted through
mesquemaigava.cat, are understood to be carried out solely and exclusively between the user and the advertiser and/or third party. Therefore, the User accepts that
mesquemaigava.catnote no liability whatsoever for damages of any nature caused as a result of your negotiations, conversations and/or contractual or non-contractual relationships with the advertisers or third parties natural or legal contacted. L
'Gavà City Councilcannot be held responsible for the breach of the contract concluded in the event of inability to carry out the intermediation in the purchase and sale of access to your account by means other than L
'Gavà City Council or reasons of force majeure, interruption of activity or total or partial failure, in particular, of telematic services in the area where the User is located. Likewise, the
Gavà City Council It also limits its liability in the following cases:
● L
'Ajuntamentde Gavà applies all the measures established to provide a faithful display of the products and services through the Web Space, although it is not responsible for the slightest differences or inaccuracies that may exist due to the lack of screen resolution, or problems of the browser used or others of the same nature.
● Technical failures that, due to fortuitous or other causes, may prevent normal operation through the Internet. Lack of availability of the Webspace for maintenance or other reasons, which may prevent the service.
● Overall, l
'Ajuntamentde Gavàwill not be held responsible for any failure or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond reasonable control, that is, that may be due to force majeure and this may include, but not limited to:
- Strikes, lockouts or other vindication measures.
- Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat of war preparations.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
- Impossibility of using trains, ships, planes, motor transport and other means of transport, public or private.
- Impossibility of using public or private telecommunications 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 cause of force majeure continues, and the
Gavà Town Councilswill have an extension in the time limit to comply with them for a period of time equal to the duration of the cause of force majeure. The l
'Gavà City Council will put all reasonable means to find a solution that will allow us to fulfill our obligations despite the cause of force majeure. The portal
mesquemaigava.catexclude any liability for damages of any nature that may be due to the transmission, dissemination, storage, making available, receiving, obtaining or accessing the services, and in particular, although not exclusively requested, for damages that may be due to:
1. Failure to comply with the law, morality and generally accepted good customs or public order as a result of obtaining, using or accessing the services;
2. The infringement of intellectual and industrial property rights, industrial secrets, contractual compromises of any kind, the rights to honour, personal and family privacy and the image of persons, of property rights and of any other nature belonging to a third party as a consequence of the improper use of the services;
3. The performance of acts of unfair competition and illegal advertising as a result of the use of the services;
4. The unsuitability for any kind of purpose of and the defrauding of the expectationsgenerated by the services;
5. The failure, delay in performance, defective fulfillment or termination for any reason of the obligations contracted by third parties and contracts entered into with third parties through or in connection with access to the services.
6. The portal
mesquemaigava.catis not responsible for the communications that occur between users and merchants, nor for the agreements reached by them as a result of the offers that appear on the website.
13.- WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with the
Gavà City Councilbe electronic (e-mail). For contractual purposes, the User gives her consent to use this electronic means of communication and acknowledges that any contract, notification, information and any communication that the
Gavà Town Councilssend electronically to comply with legal requirements deser in writing. This condition will not affect the rights recognized by law to the User. The User may send notifications and/or communicate with the
Gavà City Council through the contact details provided in these Conditions. Similarly, unless otherwise stipulated, the
Gavà City Council You can contact and/or notify the User in her email or at the postal address provided.
14.- RESIGNATION
No renunciation of
Gavà City Councilto a specific right or legal action or the lack of a requirement for the
Gavà City CouncilThe strict fulfillment by the User of some of its obligations, will not imply a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from the fulfillment of its obligations. No renunciation of the
Gavà City Councilany of these Conditions or the rights or actions derived from a contract will have effect, unless it is expressly established that it is a waiver and formalized and communicated to the User in writing.
15.- NULLITY, APPLICABLE LEGISLATION ANDJURISDICTION
If any of these Conditions are declared null and void by a final decision issued by the competent authority, the rest of the clauses will remain in force, without being affected by this declaration of invalidity. The access, browsing and/or use of this website and any controversy, problem or disagreement that may arise or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, between
Gavà City Council and the User will be subject to Spanish legislation and the jurisdiction of the Spanish courts and tribunals.
16.- COMPLAINTS AND CLAIMS
The User can send it to
Gavà City Councilyour complaints, claims or any comment you wish to make through the contact details provided at the beginning of these Conditions (General Information and Ownership of the website). Moreover
the
Gavà City Councilhas official complaint forms available to citizens and which can be requested from the
GAVÀ TOWN HALLat any time, using the contact details provided at the beginning of these Conditions (General Information). However, should there be any conflict between the different Sellers and Users as a result of the subscription of these conditions, the User as a consumer may request an out-of-court settlement of disputes, in accordance with EU Regulation No 524/2013 of the European Parliament and of the Council, of 21 May 2013, on the resolution of online disputes in this matter. of consumption. You can access this method through the web:
http://ec.europa.eu/consumers/odr/. Failing that, the courts of the customer's place of residence in Spain will be the only competent, whatever the places of delivery and the methods of payment accepted. These General Conditions of Use in the Catalan language, will be executed and interpreted in accordance with Spanish legislation, legislation to which the parties expressly submit. Date of update: 27-04-2020
