General Terms and conditions
GENERAL TERMS AND CONDITIONS – VIRTUAL EXPERIENCES
These General Terms and Conditions apply to the contracting of virtual experiences (the “Virtual Experiences”) offered by CASA VICENS GAUDÍ, S.A., under the trademark CASA VICENS® (“CASA VICENS”), through its websites hosted under the URLs www.casavicens.org and www.gaudi.casavicens.org (jointly, the “Website”), to any Internet user (the “Customer/s”).
CASA VICENS contact details and information are as follows:
Registered office: C/ Carolines, 20-26 08012 Barcelona (Spain)
C.I.F. nº: A-86827591
Telephone number: (+34) 932 711 064
By purchasing a Virtual Experience through the Website, the Customer declares to be of legal age and to have the legal capacity to contract the services. CASA VICENS reserves the right to, at any time, request documentation attesting to the Customer’s legal capacity. In the event that CASA VICENS establishes that the Customer is not of the required age, does not fulfill any other legal requirement, or does not fulfill it adequately, the contracting of Virtual Experience will not be executed.
The purchase of Virtual Experience/s offered through the Website implies the acceptance of these General Terms and Conditions. Before accepting them, we recommend that the Customer reads them carefully. If the Customer does not accept these General Terms and Conditions, the purchase of the Virtual Experience/s will not become effective, and there will be no obligation or liability on the part of CASA VICENS.
For the purposes of these General Terms and Conditions, the service of Virtual Experience/s will mean any activity developed and/or operated by CASA VICENS exclusively in the digital environment, including, among others, pre-recorded videos, live transmissions or streaming, lectures, classes or other virtual activities, events or virtual interactive games.
The purchase of any Virtual Experience does not grant the Customer any right to access the physical facilities of CASA VICENS, unless such access is expressly included in the Virtual Experience purchased.
The purchase of Virtual Experience/s must be made directly to CASA VICENS and exclusively through the Website. The sale of Virtual Experience/s by third parties may only be made when expressly authorized by CASA VICENS. These General Terms and Conditions will not apply to the purchase of Virtual Experience/s made through an authorized third party. The purchase of Virtual Experiences in violation of this clause will exempt CASA VICENS from any obligation and/or liability.
CASA VICENS reserves the right to modify the content and/or scope of these General Terms and Conditions at any time, in which case CASA VICENS will notify the Customer.
To proceed with the purchase of the Virtual Experience/s, the Customer must complete each of the steps required on the Website and select the Virtual Experience/s available that he/she wants to purchase. The Customer will not be required to be registered on the Website to purchase a Virtual Experience service.
Price and payment method
The price of the Virtual Experience/s contracted will be the one that appears in Euros on the Website and will include VAT and, where appropriate, any other applicable tax or fee, duly detailed.
Moreover, CASA VICENS may offer price discounts within the framework of certain promotions. These discounts will not be cumulative with other promotions.
CASA VICENS reserves the right to modify the amounts of the prices of the Virtual Experiences at any time, as it may deem appropriate. In any case, the price applicable to the purchase order made by the Customer will be the one that appears at the time of accepting the General Terms and Conditions regarding the Virtual Experience service purchased.
Payment of the Virtual Experience/s shall be made through STRIPE or any other payment platform provided for on the Website.
Customer must provide all payment information requested during the purchase procedure. The charge will be made once it is accepted by the financial institution processing the payment. Otherwise, the purchase will not be completed.
Once payment is made, the Customer will receive an e-mail message confirming the purchase, to which a copy of these General Terms and Conditions will be attached.
Virtual Experience service
Once the purchase of the Virtual Experience is successfully completed, Customer will receive the relevant instructions to access the Virtual Experience/s through an e-mail message sent to the e-mail address indicated by the Customer during the purchase process.
If the Virtual Experience/s purchased by the Customer is performed through streaming and/or video on-demand, and is not subject to a specific pre-established time and date, the Customer will have a period of 30 (thirty) consecutive days to access the purchased Virtual Experience/s. It will be allowed a maximum of 3 (three) accesses per link purchased by the Customer.
These General Terms and Conditions will apply until the Customer has used all Virtual Experiences purchased or, as appropriate, for 30 (thirty) consecutive days after the date of the purchase.
Customer’s infringement of any of the obligations set forth in these General Terms and Conditions will entitle CASA VICENS to cancel and/or restrict Customer’s access to the purchased Virtual Experience/s. In this event, the Customer will not be entitled to any refund, compensation or indemnification from CASA VICENS, without prejudice to any liabilities the Customer may have before CASA VICENS for such an infringement.
The Virtual Experience/s purchased through the Website may demand different technical requirements to allow for its proper performance and to preserve its quality and integrity. Such functionality and interoperability requirements are detailed on the Website. The Customer must review all technical requirements before confirming the purchase of the Virtual Experiences.
The quality of the Virtual Experience/s, including visualization of its content, may be conditioned by a variety of factors, such as Customer’s location, the content of the Virtual Experience, the speed and quality of Customer’s Internet connection, or the characteristics of the device used by the Customer. The Virtual Experiences will not be available in all formats, nor will they perform with the same quality in all devices. The Customer is solely responsible for obtaining the technical requirements necessary for the proper functioning of the Virtual Experience/s purchased. Notwithstanding the foregoing, CASA VICENS recommends that the Customer performs the Virtual Experiences on a personal computer with stable Internet connection, preferably through a wifi network.
All intellectual property rights related to the Virtual Experiences (texts, graphics, photographs, videos, images, sound recordings, color combinations, etc.), their structure, selection and order, are owned by CASA VICENS or, where applicable, by its licensors.
Except for the private performances expressly authorized under these General Terms and Conditions or by CASA VICENS, the Customer is hereby expressly prohibited from reproducing, distributing, transforming, publicly communicating, recording, disclosing, publicizing, or otherwise commercializing or using the contents of the Virtual Experience/s in any other way.
Furthermore, the Customer hereby agrees not to circumvent, alter, manipulate, deactivate or damage any protection installed on the Virtual Experiences.
CASA VICENS will not be liable for any errors that may occur with the delivery of the electronic instructions for the Virtual Experience purchased if the Customer has not completed the Website form correctly. In the event of any incident with the electronic delivery, CASA VICENS will inform the Customer as soon as possible.
If circumstances require, CASA VICENS reserves the right to modify the dates, schedule and/or programs of the Virtual Experience/s and, where appropriate, to determine their suspension or cancellation, in which case the Customer will be duly informed in advance.
CASA VICENS will not be liable, under any circumstances, for any loss and/or damage to the Customer’s software or hardware arising out of the use of the Virtual Experience/s purchased in violation of these General Terms and Conditions and any other applicable requirements, and for any incident, suspension, interruption or Internet shutdowns that may prevent the availability and/or continuity of access to the Virtual Experience/s.
Claims and Complaints
The Customer shall contact CASA VICENS, through the means provided at the beginning of these General Terms and Conditions, to communicate any complaints or claims related to any aspect of the Virtual Experience, including complaints related to technical problems in the visualization, reproduction and/or access to the Virtual Experience.
CASA VICENS undertakes to attend the complaints and claims as soon as possible and, in any case, within a maximum period of 15 (fifteen) calendar days as of the date they were presented.
The Customer has the right to request a physical copy of the invoice related to any purchase.
Personal Data Protection
CASA VICENS, in its capacity as Data Controller, will process all personal data provided by the Customer during the purchase procedure in accordance with the following:
- To manage the contracting and performance of the Virtual Experience/s purchased.
- To send informative communications about identical or similar actions or activities of CASA VICENS.
Legitimacy: The legal basis for data processing is the execution of the contractual relationship. Customer must fill in the fields marked as “mandatory” at the Website forms, otherwise it may be impossible for CASA VICENS to perform the contract or deliver the informative communications referred to above.
The Customer must provide CASA VICENS with their current personal data so that the information contained in the files is updated and without errors.
Storage: Personal data related to the purchase of Virtual Experience/s will be kept for the legal period required by applicable Law (especially, tax and accounting). Personal data required to send informative communications will be kept until its erasure is requested by the Customer, so that CASA VICENS may be entitled to continue sending informative communications.
Recipients: Customer data may be assigned to the Public Administration in accordance with current Law, to the payment platforms and financial entities provided for in the purchase procedure for the management of payments of the Virtual Experience service, as well as, where appropriate, to the video and other online platforms required for the correct use of the Virtual Experience/s.
Notwithstanding the foregoing, personal data may be hosted on servers located outside the European Union, in which case they will benefit from appropriate legal guarantees and security conditions.
Rights: The Customer may exercise his/her rights of access, rectification, erasure, limitation, portability and opposition to the processing of his/her personal data by sending an email to email@example.com. In the event the Customer does not obtain a satisfactory answer or requires further information regarding any of these rights, he/she may contact the Spanish Data Protection Agency (www.aepd.es).
Security Measures: CASA VICENS has implemented the necessary technical and organizational security measures to guarantee the security of all personal data and to prevent its alteration, loss, treatment and/or unauthorized access, taking into account the state of technology, the nature of data stored and the risks to which they are exposed, whether such risks come from human action or from the physical or natural environment.
The Customer may exercise his/her right of withdrawal provided by applicable regulations within a period of 14 (fourteen) calendar days from the date of purchase of the Virtual Experience.
To exercise the right of withdrawal, the Customer must complete the following form and send it by email to firstname.lastname@example.org:
By sending this form duly completed, I hereby notify CASA VICENS that I exercise the right of withdrawal in relation to the Virtual Experience purchased, in accordance with applicable Law
|Customer name and surname|
Once the Customer has exercised his/her right of withdrawal and, in any case, within a maximum period of 14 (fourteen) calendar days from the receipt by CASA VICENS of the withdrawal form, the full amount of the purchase will be reimbursed to Customer through the same payment method used by the Customer.
However, the Customer will not have the right to withdraw in the events foreseen by Law, i.e., once the performance of the Virtual Experience has begun, or the Virtual Experience has been fully used, or as may be otherwise provided for by Law.
In the event that any of the clauses of these General Terms and Conditions are declared, totally or partially, null or void, such declaration shall only affect the relevant provision or part thereof. All other provisions, or part thereof, shall remain in full force and effect, and no other part or provision shall be considered annulled, invalidated or affected by such declaration. For these purposes, the General Terms and Conditions will only cease to be valid exclusively with respect to the null or ineffective provision, and no other part or provision thereof will be annulled, invalidated, harmed or affected by such nullity or ineffectiveness.
These General Terms and Conditions are available in Spanish, Catalan and English. In the event of a conflict between such versions, the Spanish version shall prevail.
Governing Law and Competent Jurisdiction
These General Terms and Conditions shall be governed and interpreted in accordance with Spanish Law in force.
In accordance with art. 14 of Regulation 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution for consumer disputes, Customers are informed that they can submit their claims to the dispute resolution platform available at the following link: http://e.europa.eu/consumers/odr.
Furthermore, in the event that any conflict or dispute arise in the interpretation and/or application of these General Terms and Conditions, the competent Courts will be those as may be determined by the applicable regulations in matters of consumers and users.