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GENERAL TERMS AND CONDITIONS

www.thetouringpandas.com

1. GENERAL INFORMATION

The ownership of this website, www.thetouringpandas.com, (hereinafter Website) is held by: Roberto Andrés Saavedra Fernández, with NIF: 49894880Z, and whose contact details are:

Address:
Carrer Arago 131-2. 08015 Barcelona, Spain
Contact email: info@thetouringpandas.com

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.thetouringpandas.com) and the purchase of products and / or services therein (in forward, Conditions).

For the purposes of these Conditions it is understood that the activity that The Touring Pandas develops through the Website includes:

Cultural guided visits

In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookie policy, and the privacy policy and data protection of The Touring Pandas. By using this Website or when making and / or requesting the acquisition of a product and / or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if you do not agree with everything Therefore, you should not use this Website.

Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website since those that are in force at the time the purchase of products and / or services are requested will be applicable.

For all questions that the User may have in relation to the Conditions, he can contact the owner using the contact information provided above or, where appropriate, using the contact form.

2. THE USER

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so they are accepted, since the navigation of the Website begins, all the Conditions set forth herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

• Make use of this Website only for legally valid inquiries and purchases or purchases.

• Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled and the relevant authorities informed.

• Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The User may formalize, at his choice, with The Touring Pandas the contract of sale of the desired products and / or services in any of the languages ​​in which these Conditions are available on this Website.


3. PURCHASE OR ACQUISITION PROCESS

Users can buy on the Website by the established means and ways. They must follow the online purchase and / or purchase procedure of www.thetouringpandas.com, during which several products and / or services can be selected and added to the cart, basket or final purchase space and finally click on “Confirm order”.

Likewise, the User must fill in and / or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that The Touring Pandas has received their order or request to purchase and / or provide the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being sent.

Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User through email. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice, requesting it from The Touring Pandas using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, image of it on its page of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, mode in which they will be carried out and / o cost of benefits; and recognizes that the realization of the purchase or purchase order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the transactions made on the Website could be archived and kept in the computerized records of The Touring Pandas in order to constitute a means of proof of the transactions, in any case, respecting the Reasonable security conditions and the laws and regulations in force that apply in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, concerning the protection of persons physical with regard to the processing of personal data and the free movement of this data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights they attend to Users in accordance with the privacy policy of this Website.


4. AVAILABILITY

All purchase orders received by The Touring Pandas through the Website are subject to the availability of the products and / or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and / or the provision of services If there are difficulties regarding the supply of products or there are no products in stock, The Touring Pandas undertakes to contact the User and reimburse any amount that could have been paid as an amount. This will be equally applicable in cases where the provision of a service would become unworkable.


5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless by legal requirement, especially with regard to VAT, different issues are indicated and applied.

However, and unless otherwise indicated, on time, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where it will consult the available shipping methods and costs and freely choose the one that suits you.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.

Accepted payment methods will be: Credit or debit card, PayPal, and Bank transfer.

The Touring Pandas uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, The Touring Pandas will not be liable for any delay or lack of delivery and may not formalize any contract with the User

Once The Touring Pandas will receive the purchase order from the User through the website, a pre-authorization will be made on the corresponding card to ensure that there are funds necessary to complete the charge. The charge on the card will be made at the time when the User will be used to confirm the delivery and / or the confirmation of the service provided in the form and, where appropriate, the established place.

If the payment method is Paypal, the charge will be made at the time when The Panking Touring will send a confirmation of the purchase order or purchase of products and / or services to the User.

In any case, click on “Confirm order”, the User will confirm the payment method used is yours.

Purchase or acquisition orders in which the User selects the bank transfer as payment method will be reserved for 5 calendar days from the confirmation of the order to allow sufficient time for the bank transfer taken into account by the payment system used by The Touring Pandas for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

Through this payment method, the User must apply to correctly enter the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, The Touring Pandas will not be able to validate the order, which will be canceled.


6. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in case he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he may modify them by contacting The Touring Pandas through the spaces of Contact enabled on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact information provided in the first clause (General Information).

In any case, the User, before clicking on “Confirm order”, has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

In the same way, the User is referred to consult the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy to obtain more information on how to exercise his right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data (GDPR) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.


7. REFUNDS

In the cases in which the User acquired products on or through the Website of the owner, they are assisted by a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, assists him of the right to withdraw from said purchase within a period of 14 calendar days without justification.

This withdrawal period will expire after 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the goods acquired on the Website of The Touring Pandas or in case the goods that make up your order delivered separately, within 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case if it is a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify The Touring Pandas of his decision. You may do so, where appropriate, through the contact spaces enabled on the Website.

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that The Touring Pandas makes available as part annexed to these Conditions, however, its use is not mandatory.

To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding deadline expires.

In case of withdrawal, The Touring Pandas will reimburse the User for all payments received, including shipping costs (with the exception of additional expenses chosen by the User for a different shipping method than the less expensive mode offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which The Touring Pandas is informed of the decision to withdraw by the User.

The Touring Pandas will reimburse the User using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User. And you must do so without undue delay and, in any case, no later than within 14 calendar days from the date The Touring Pandas was informed of the withdrawal decision.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as set forth 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. In an enunciative way, and not exhaustive, this would be the case of: customized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as factory sealed; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal to the Users will not assist when the provision of the service has been fully executed, or when it has begun , with the express consent of the consumer and user and with the acknowledgment by him that he is aware that, once the contract has been fully executed by The Touring Pandas, he will have lost his right of withdrawal. In the case of guided cultural visits, and given the guaranteed condition of the reservations, the User waives the right of withdrawal if it has not been claimed within 24 hours before the contracted service.


8. EXEMPTION OF LIABILITY

Unless otherwise provided by law, The Touring Pandas will not accept any responsibility for the following losses, regardless of their origin:

• any losses that were not attributable to any breach by you;

• business losses (including lost profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred); or of

• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalized

Likewise, The Touring Pandas also limits its liability in the following cases:

• The Touring Pandas applies all measures concerning providing a faithful visualization of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or browser problems that may occur, or others of this nature.

• Technical failures that, due to fortuitous or other causes, prevent normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. The Touring Pandas puts all the means at its disposal in order to carry out the process of purchase, payment and execution of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.

• In general, The Touring Pandas will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force major, and this may include, but not limited to:

o Strikes, lockouts or other claims.

o Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.

o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

o Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.

o Impossibility of using public or private telecommunications systems.

o 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 Touring Pandas will have an extension in the period to fulfill them for a period of time equal to the duration of the cause of force majeure. The Touring Pandas will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure.


9. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with The Touring Pandas are electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and recognizes that any contract, notification, information and other communications that The Touring Pandas send electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with The Touring Pandas through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, The Touring Pandas may contact and / or notify the User by email or at the postal address provided.


10. DISCLAIMER

No waiver of The Touring Pandas to a specific legal right or action or lack of requirement by The Touring Pandas for strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or Conditions, nor will it exonerate the User from fulfilling their obligations.

No waiver of The Touring Pandas to any of these Conditions or to the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and formalized and communicated to the User in writing.

11. NULLITY

If any of these Conditions were declared null and void by a final resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.


12. COMPLETE AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and The Touring Pandas in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by The same parts.

The User and The Touring Pandas acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

13. DATA PROTECTION

The information or personal data that the User provides to The Touring Pandas in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.


14. APPLICABLE LEGISLATION AND JURISDICTION

The access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between The Touring Pandas and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

15. COMPLAINTS AND CLAIMS

The User can send to The Touring Pandas his complaints, claims or any other comment that he wishes to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, The Touring Pandas has official complaint forms available to consumers and users, and they can request The Touring Pandas at any time, using the contact details provided at the beginning of these Conditions (General Information).

Likewise, if a dispute between the Touring Pandas and the User emanates a dispute, the User as a consumer may request an out-of-court dispute settlement, in accordance with Regulation (EU) 524/2013 of the European Parliament and the Council, of May 21, 2013, on the resolution of online litigation in matters of consumption and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.

Last modified: September 11, 2019

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