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TERMS AND CONDITIONS
0. GENERAL INFORMATION
0.1. These Terms and Conditions (the 'Terms'), together, where appropriate, with the particular conditions that may be determined ('Special Conditions'), will expressly regulate the purchase by the user ('Customer') of the applications and associated services offered (the 'Apps') by NVIA during the period of availability through the platform accessible on the site www.storemvr.com (the 'Website').
0.2. These Terms shall remain in force and shall be valid during the whole time they are published on the Website. NVIA reserves the right to replace or modify at any time both the Terms and the Special Conditions, and all legal notices and policies contained on the Website. The Customer shall be subject to the applicable conditions at the time of ordering.
0.3. In the event of any inconsistencies between the provisions of the Terms and those in the Special Conditions, the provisions specified in this latter instrument shall prevail with regard to the products and / or services subject to those Special Conditions.
0.4. Any queries, suggestions, complaints or claims regarding the online sale of the products and / or services can be sent to our Customer Support Service via e-mail firstname.lastname@example.org or phone number 902 354 525 (from 9:00 to 21:00 within working days).
1. PARTIES INVOLVED
1.1. All natural persons who are of age and have the appropriate official identification document (ID card or passport) agreeing on the Terms and the applicable Special Conditions, if any, will be considered as “Customers”. The purchase of Apps or services on the Website by minors without parental consent is expressly prohibited.
1.2. The vendor of the ordered products is in all cases NVIA (Nvia Gestión de Datos, SL; VAT B-83069401; C / Alcalá, 85 - 6th, Madrid, 28009, Spain).
2. ACCESS AND USE OF THE WEBSITE
2.1. Access to and use of the Website is free of charge.
2.2. In order to accept purchases of products through the Website, NVIA will prompt users to register by completing the online form available on it, and by following the instructions therein. During the registration process only true and exact data must be provided.
2.3. NVIA will send confirmation of registration to the email address designated by the Customer in his/her registration form. The username and password allow users to access and make purchases through the Website, and thus are confidential, personal and not transferable. The username cannot be modified by the Customer, but the password can, in which case the modified codes will lose their validity.
The Customer is responsible for the custody and confidentiality of the password, and shall not transfer it to any third party, either temporarily or permanently, or to allow under any circumstances the use by any third party. The Customer shall immediately notify NVIA the access to the Website by any third party other than himself/herself.
2.4. All purchases made through the Website by a duly identified and authenticated user shall be deemed valid and thus binding. Consequently, the Customer shall be solely responsible for any purchases of products or services on the Website by any third party using his/her username and password. Ordering from the Website by a minor who distorts registration information will be deemed done under the supervision and approval of their parents, guardians or legal representatives.
2.5. The use of the Website and / or the purchase of any of the products or services offered on it implies acceptance by the Customer, without reservations of any kind, of each and every one of the Terms and, where appropriate, of the Special Conditions. If you do not agree with these Terms and / or, where applicable, Special Conditions, you should not access and / or use the Website. The access and use of the Website by the Customer is in any case subject to strict compliance by the latter of the Terms and, where appropriate, of the Special Conditions.
2.6. The legal relationship arising from registration as a Client of the Website is indefinite. Either party may terminate or suspend this contractual relationship unilaterally at any time and without any other justification than his will to that effect, notwithstanding the obligations arising from the execution of orders prior to termination. The Customer may unilaterally exercise the right of termination anytime by the process of closing accounts.
3. INFORMATION AND AVAILABILITY OF SERVICES OFFERED
3.1. The Apps and other services offered on the Website, together with their essential features, prices and applicable tenders, will always be displayed on their specific webpage.
3.2. NVIA reserves the right to decide at all times, which products and services are offered to Customers via the Website. Thus, NVIA may at any time add new products or services to those included on the Website, which shall be governed by the Terms in force at the specified time. NVIA also reserves the right to withdraw or stop offering at any time, without notice, any products offered on the Website.
4. PRICES AND SHIPPING
4.1. The prices of the Apps and other services are always in Euros and include VAT and any other taxes that may be applicable.
4.2. The prices shown on the Website at a particular time are applicable to the Apps and services offered and sold at that time. NVIA has the right to change prices at any time without notice.
4.3. The prices shown may have a one-off nature –a single charge- or be recurrent (subscriptions). In this last case the applicable Special Conditions shall detail the billing period, renewal provisions, unsubscription methods, etc.
5. BUYING PROCESS AND BILLING
5.1. As a general rule, the download and installation of the Apps is free of charge. To be able to use them after the free-trial period (“demo”) though, a user must acquire a license by purchasing an activation code.
5.2. In order to purchase these codes or any other associated services offered on the Website, Clients must register on it, filling the available online form, and add the products in their shopping list according to the indications listed on the screen.
5.3. Once the purchase completed, confirmation will be sent to the email address specified by the Customer in his/her register form, serving as proof of the transaction. The Customer may view and / or download a simplified invoice in his/her transactions history area. In this regard, the Customer agrees to receive all invoices electronically.
6.1. To make payments, the Customer shall follow each and every one of the instructions displayed on the relevant page of the Website. The payment for the products or services can only be made by credit card, debit card or any other payment methods indicated on the relevant page at a particular time. These payment methods are subject to validation checks and authorization by the issuers. If a particular issuer fails to authorize payment, the purchasing process will be interrupted and the order will be automatically cancelled. The charge of all applicable prices and taxes shall be made immediately after submitting the order.
6.2. In particular, you can pay quickly and securely with a PayPal account, without sharing financial information with NVIA. If you choose this method, you will be redirected to the secure PayPal page where you should enter the credentials of your PayPal account and accept the charge. You will then be returned to the NVIA’s confirmation page where you can confirm the status of payment.
7. DELIVERY OF PRODUCTS AND PROVISION OF SERVICES
7.1. The products and services purchased through the Website will be deemed delivered and / or provided to the mailing address indicated on the register form, which may not correspond to a post office or public places such as streets, squares, stations, airports or similar.
7.2. The digital products and services purchased through the Website will be deemed delivered and / or provided immediately after reception of the confirmation e-mail.
- work around any technical limitations in the application.
- reverse engineer, decompile or disassemble the application.
- make copies of the application.
- publish or otherwise make the application available for others to copy.
- rent, lease or lend the application. Or
- transfer the application or this agreement to any third party.
- In case of provision of a dysfunctional activation code.
- In case of duplicated charges.
- In case of charges for products or services not delivered or provided by NVIA’s exclusive fault.
8.1. The purchase of an end user license of any of the available Apps allows the buyer to activate it in a single mobile terminal.
8.2. The license is granted with a non-exclusive, non-transferable and revocable character, limited to a non-commercial use by the buyer and subject to his/her compliance with the present Terms and all other applicable provisions. In particular, the buyer shall not:
9. CUSTOMER CARE AND TECHNICAL SUPPORT
Notwithstanding NVIA’s Customer Service mentioned in Section 0.4., or the specific provisions of any applicable Special Conditions, NVIA does not offer post-order technical support regarding the products or services offered on the Website.
10. RIGHT OF CANCELATION AND REFUNDS
10.1. As the products and services offered on the Website are of a digital nature and of immediate provision, Clients declare and agree that no right of withdrawal applies to their purchases once confirmed.
10.2. Refund requests will only be considered then:
11. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
11.1. NVIA makes no warranties, express or implied, guarantees or conditions with respect to your use of the products and / or services. You understand that use of the products and / or services is at your own risk and that NVIA provides the product or service on an “as is” basis “with all faults” and “as available”.
11.2. Further, you acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the services will be uninterrupted, timely, secure or error-free or that content loss won't occur.
11.3. In any event, NVIA’s liability will be limited to the amount effectively perceived by it from the claiming user.
12. PROCESSING OF PERSONAL DATA
13. GOVERNING LAW
These Terms are subject and interpreted in accordance with Spanish law.
In particular, these Terms comply with the provisions of the Information Society Services and E-Commerce Law (L 34/2002), and the Protection of Consumers and Users General Law (RDLeg 1/2007).