General Terms and Conditions of Contract
The General Terms and Conditions herein shall apply to all purchases of products and/or services offered through the website www.syncards.com (henceforth “Products and/or Services”), together with offer, Price and description thereof set at said webpage, and where applicable, specific conditions thereof gathered herein (specific conditions) shall rule the legal relationship between MISTER WABI TECHNOLOGIES, S.L. [LLC] (henceforth SYNCARDS) and the CLIENT, comprising the whole agreement by and between SYNCARDS and the CLIENT.
The term of this General Conditions of Contract shall be the time it remains published on the website, and shall make reference to the product and/or service purchased at the time said conditions were available.
Acceptance of the General Terms and Conditions of Contract herein by the CLIENT shall be an indispensable requirement to formalize any contractual privity between CLIENT and SYNCARDS.
Identification of the parties
Party of the first part, MISTER WABI TECHNOLOGIES, S.L. [LLC], sole and exclusive proprietor of existing rights over SYNCARDS, company established by virtue of Spaniard law whose registered address is calle Alonso Heredia, 29, 2ºD, Madrid, CIF [Company Tax Code] B65688715 and registered at Registro Mercantil de Barcelona [Barcelona Commercial Registry], Volume 42879, Folio 65, Page: 417227.
Party of the second part, the CLIENT, whose information has been supplied by himself in the register and clearance forms. All data of said forms have been directly input by him, herefrom, rendering him directly and exclusively liable for the truthfulness thereof.
Subject Matter of the Contract
By accepting the general conditions herein, SYNCARDS agrees to make available to the USER the Products and/or Services acquired via the website www.syncards.com and the CLIENT undertakes to pay the price set at the time of the purchase.
SYNCARDS does not allow purchase of its Products and/or Services offered through the website for scalping. Herefrom, credentials provided with the purchase of the product and/or service are personal and non-transferrable.
In order to acquired Products and/or Services offered by SYNCARDS via website, www.syncards.com, it is necessary to register in said website.
Regarding the register process, the CLIENT is sole responsible for the quality of the data input by him on the forms, and accepts the obligation to supply truthful, accurate and complete data regarding his identity as requested in the forms of register, purchase and credential and to update said registry data so they remain truthful, accurate and complete. However, the CLIENT at any time can modify and/or update his data by accessing the User profile within the website.
To register, it is necessary to be of legal age according to Spaniard law, place of residence is not a qualm.
Should the CLIENT supply any false, inaccurate or incomplete data, or if SNCARDS have reasonable motives to suspect that said information were false, inaccurate or incomplete, it shall be entitled to deny present or future access and use of the website or any service thereof.
Products and Services
All information related to Products and Services offered by SYNCARDS, by way of illustration but not limitation, prices, features, content, benefits, duration, are available to the CLIENT at the SYNCARDS website and shall be displayed in each case.
In order to contract Products and/or Services offered by SYNCARDS via its website, the CLIENT needs to have a computer with internet connection and with certain minimum requirements. Additionally, it can be linked to other Products and/or Services, in which case it is necessary to previously acquire the latter to be able to acquire the former. In such cases, said requisites shall be determined in the description of Products and/or Services offered by SYNCARDS via its website. If the CLIENT has not previously acquired Products and/or Services linked to the product and/or Service intends to buy, SYNCARDS reserves the right to cancel said purchase by the CLIENT. In such case, SYNCARDS shall notify the CLIENT, and shall proceed to refund the CLIENT, deducting expenses generated by the transaction, via the same mean used to pay, within fourteen (14) days following said notice.
Bear in mind that personal data must be supplied with accuracy to avoid any confusion or problems while rendering the Service.
After choosing the Products and Services, in order to acquire them, the CLIENT must complete the corresponding purchase form that will be displayed on screen, together with a summary identifying Products and Services chosen, its total Price, applicable taxes and, where applicable, corresponding shipping fees.
Verification of said data shall be solely and exclusively responsibility of the CLIENT. SYNCARDS shall not be liable for the CLIENT for mistakes and inaccuracy of the request if SYNCARDS had sent Products and/or Services listed in the request confirmation.
Should the CLIENT provide false, inaccurate or incomplete data, ori f SYNCARDS had reasonable motives to suspect that said information were false, inaccurate or incomplete, it reserves the right to cancel the purchase of the CLIENT. In such case, SYNCARDS shall notify the CLIENT and proceed to refund the amount paid, deducting expenses generated by the transaction, through the same mean used to pay, within fourteen (14) days following said notice.
Once the purchase form is completed, the CLIENT must accept the Conditions herein, once accepted, the CLIENT will be redirected to an on-line paying platform where the purchase can be concluded through any of the accepted payment methods.
Once the transaction is confirmed, the CLIENT will receive an e-mail that contains all the information to access the Product and/or Service purchased (passwords, shipping process, and etcetera).
Receipt of the request shall be deemed fulfilled with the delivery via e-mail of instructions to access Products and Services hired. Information regarding access to Products and Services as well as passwords supplied to access them, are for personal use of the CLIENT, and cannot be transferred or conveyed to third parties.
The CLIENT agrees to immediately notify SYNCARDS of any event, such as robbery, theft, or unauthorized access that leads to inappropriate use of the information, instructions to access purchased Services, and in such case, passwords supplied to access the products and services; in order to immediately cancel them, in which case, a new password and/or access instructions shall be provided.
Features and prices of Products and/or Services are displayed on screen in euros and include VAT and any other tax that were applicable and shall be valid at all times except in case of typo.
Prices stated at the website annul all previously published ones and are valid at the times of its publication. SYNCARDS agrees to maintain these prices to the extent possible, although it reserves the right to modify them without previous notice, notifying the client at the time of making the request. Prices stated at the website include VAT in force, and shall be itemized in the invoice.
Methods of payment and safety
SYNCARDS accepts orders at any moment, 24 hours a day, every day of the week.
Only payments made via credit card VISA or MASTERCARD, PAYPAL or Bitcoins shall be accepted. No other method of payment shall be accepted.
Charge shall be made online, that is, real time, through the virtual POS (Point of Sale), once data provided have been proved correct.
In order to guarantee maximum safety regarding the payment system, SYNCARDS takes necessary measures so payments done to acquire Products and/or Services offered on the website are safe and protected against violation by third parties.
For safety reasons, SYNCARDS reserves the right to not allow temporarily access to the Products and/or Services hired. Affected CLIENTS shall be notified. Likewise, SYNCARDS reserves the right to cancel an order if data provided by the CLIENT cannot be checked, or it if considers that the CLIENT has purchased the Products and/or Services for scalping.
SYNCARDS shall not be liable for delays on delivery due to lack of authorization by the payment system.
Cancel of orders
Given the special features of the Products and Services offered, susceptible to be executed, downloaded or reproduced immediately for permanent use, once the purchase of Products and Services has ended, SYNCARDS shall not refund the price paid for Products and Services effectively used.
However, once Products and Services have been acquired, the CLIENT might request a refund for the sum paid for Products and/or Services not used for reasons chargeable to SYNCARDS. In such case, the CLIENT shall notify SYNCARDS, who will refund the sum paid and not used, through the method used to carry out payment, within fourteen (14) days following to said notice.
Under no circumstance shad said refund include bonus given by SYNCARDS to the client as a gift for purchases made.
Intellectual and Industrial Property Rights
SYNCARDS warrants the CLIENT to be proprietor of the intellectual and industrial property rights of Products and/or Services, or to have the necessary authorization to commercialize them via the website.
The CLIENT acknowledges and accepts that the Products and/or Services, as well as its content and materials are subjected to Intellectual and Industrial Property rights held by SYNCARDS and/or third parties.
Under no circumstance shall Products and Services purchased and navigation through SYNCARDS website be construed as waiver, conveyance, license neither total nor partial assignment to the CLIENT of the intellectual and industrial property rights of SYNCARDS or third parties. Under no circumstance shall the CLIENT alter, exploit, reproduce, distribute, publicly communicate the Service or its contents and materials without previous and explicit authorization granted in respect thereof by SYNCARDS or third parties.
Modification of Conditions
SYNCARDS reserves the right to modify this agreement whenever it is deemed proper or to fit said writings to law or technological changes or its contractual relation with third parties. The CLIENT shall be duly noticed of said modifications.
If any part of the conditions of contract herein were against the law, and thus, invalid, it shall not affect other provisions in compliance with the law. Parties agree to renegotiate those parts of the conditions of contract that were void and to incorporate them into the conditions of contract.
Limitation of warranties and liability
SYNCARDS shall not be liable for delays or errors produced regarding access, functioning and operation of the website or its products and/or services, neither for interruptions, suspension or malfunctioning thereof for causes not attributable to SYNCARDS or when they are produced by Acts of God or force majeure, extreme urgency such as strikes, attacks or hacker attacks (virus affecting devices that belong to users) or any other unforeseeable circumstance.
SYNCARDS reserves the right to interrupt access to its webpage www.syncards.com as well as any service thereof or all the contents provided at any time and without previous notice, whether it be for technical, safety, control or maintenance reasons or any kind of network or power supply failure.
SYNCARDS shall not be liable for service failure, malfunctioning or any other cause or out of its control, or caused by negligence or malicious act by the user or force majeure or acts attributable to third parties.
SYNCARDS shall not be liable for information, data, images and links published on the website by third parties, without giving warrant of the truthfulness and accuracy of the information made available to users or supplied by users.
Likewise, it shall not be liable for direct or indirect damages, consequential damages and/or loss of profits.
The CLIENT shall hold SYNCARDS free from any liability that could arise from claims filed by third parties regarding the infringement of rights by acts of the CLIENT.
Settlement of disputes
These General Terms and Conditions are ruled by Spaniard law.
Parties to the contract agree to amicably settle any dispute that may arise related to the conditions herein. Should an amicably settlement be impossible, and thus result in a lawsuit, both parties agree to expressly waive any other jurisdiction to which they may be entitled, and to submit to the jurisdiction and competence of the Courts of Madrid.