Terms and conditions

GENERAL

These general conditions of service (the “Conditions”) stipulate the legally binding terms between you (the “Client”) and Urban Manzana, S.L., a company of Spanish nationality with registered office at calle Reina Victoria, 2 bis, ático , 08021, Barcelona (Spain), with NIF number B-66665035, registered in the Mercantile Registry of Barcelona, volume 45217, folio 108, sheet number B-80659 and with an email address for contact purposes [info@manzaning. com] (“Manzaning”), which operates under a computer platform owned by it (the “App”).

The App enables a new purchase modality for the Client and allows, through the communication channel enabled in the App (the “Chat”), that the Client contact the Merchants (as said term is defined below) and place your Orders (as such term is defined below).

The Orders and any conditions agreed between the Client and the Merchants constitute the particular conditions under which the Client will acquire the Products (as such term is defined below) from the Merchants (the “Specific Conditions“).< /p>

If the provisions of these Conditions contradict the Particular Conditions, the provisions contained in these Conditions shall prevail. If the Client wishes a printed copy of these Conditions, he can print a copy or download them to his computer.

Manzaning reserves the right to add, modify and/or delete any of the terms of these Conditions, at any time, by means of a notice in the App or by sending an email to the Users (according to said term is defined more ahead). Said conditions will enter into force at the time of their publication in the App. The continuity in the use of the service offered by the App by the Client after a notice of modification will imply the acceptance of the new conditions.

The Client declares to be of legal age and guarantees that he is authorized to sign these Conditions in his own name. The Client declares that the registration data is current, complete and true.

OBJECT

The purpose of these Conditions is to regulate the terms and conditions applicable to the intermediation service offered by Manzaning to the Client by virtue of which the latter can acquire through the App products and/or services (the “Products”) offered by the Client. Merchant (the “Service”).

The Service requires the prior registration of the Client by filling in their name and surnames, their email and the password to access the App.

The “Merchants” are those registered users who publish their business and sell their Products through the App. The Merchants and the Client are collectively referred to as “Users“.

When the Customer requests the purchase of Products through the App (the “Order”) and the same is confirmed by the Merchants, a contract is entered into to which Manzaning is not a party. Manzaning is limited to (i) facilitating access to the App as a tool that allows the Merchants to advertise their businesses and the Client to purchase the Products offered by the Merchants online, (ii) act as an authorized collection agent to accept, on behalf of and representation of the Merchants, the payments made by the Client, having to transfer them to the Merchants, and (iii) offer the Client a transport service for the Products to avoid the Client having to go to the store to pick up the Products.

DURATION

These Conditions will enter into force at the time of their acceptance by the Client and will remain in force until (i) the Client cancels his user account, or (ii) Manzaning ceases to provide the Service for any reason. cause, as long as there are no Orders pending fulfillment.

PLACE ORDERS

Once the registration process is completed, the Client may request, through the Chat, information on the Products from the Merchants and place Orders.

The Merchants will detail to the Customer the Order and the price of each of the Products. Once this information has been provided to the Client and, if he agrees, he must expressly accept the Order by going to the shopping cart section.

For the execution of the first purchase, the Client must complete the data of the credit or debit card with which he is going to make the payment, as well as the delivery address unless he chooses to collect the Products purchased in the store . Said information will be stored in the Client’s profile for the management of future Orders. The Client will be given the option to modify said data in his profile in any case and, in particular, prior to the confirmation of the Orders.

The final sale price of the Products is set freely by each of the Merchants, exempting Manzaning from any liability that may arise from it.

CUSTOMER OBLIGATIONS

The Client undertakes to use the Service diligently and in accordance with current legislation. In particular, the Client will observe the following rules:

Access the Service exclusively through the App and request the Order through it.
Respect other Users and, in particular, not discriminate, intimidate, stalk, harass , coerce or in any way harass any User.
Do not treat or disclose personal information of third parties without complying with current legislation on data protection.
Do not impersonate personality of another User or of any other person in the use of the Service.

Users who become aware of non-compliance with these obligations by the Client, or of the sale of illegal Products, must notify Manzaning by sending an email to info@manzaning.com. Manzaning will investigate the reported event and will take the appropriate legal measures, which may entail, among others, the temporary or permanent suspension of the Client’s or Merchant’s account in the App.

The offending Client will be responsible to Manzaning for any sentence, sanction and/or fine that the courts or other competent bodies impose on Manzaning as a result of the breach of these Conditions by the Client.

TRANSPORTATION

Manzaning, through third-party subcontractors, offers a delivery service for the Products at the place indicated by the Client, provided that the latter is in the city of Barcelona. The Client, at his free discretion, may choose between the following delivery methods:

(a) “Express” Service: delivery to the address defined by the Client within a maximum period of 60 minutes from the confirmation of the Order.

(b) “Same Day” Service: delivery to the address defined by the Customer in the time slot of their choice, always on the same day as the Order confirmation or the following day depending on the time the Customer confirmed the Order.< /p>

(d) “Free Shipping” Service: the Service rate will be free for the Client and will be borne by Manzaning or the Merchant, depending on who offers this method of delivery of the Products.

In certain cases, both Manzaning and the Merchant may offer discounts in the form of promotional codes.

The Customer is informed that the Merchants undertake to make the Products of the Order available to the carrier selected by Manzaning in a timely manner so that they are delivered to the place indicated by the Customer within the agreed period. In case of non-compliance by the Merchants, they will respond directly to the Client, exempting Manzaning from any responsibility.

In the event that the Customer is not at the address indicated at the time of delivery of the Products, the carrier will try to contact him by telephone to agree on a new place of delivery at no additional cost and within a maximum period of two hours. In the event that the Customer could not be contacted, the carrier will proceed to return the Products to the Merchant as long as the store is still open, and the Customer will be informed that he can proceed to collect directly from the store. In the event that the store is closed, Manzaning takes care of the products and the customer is charged the price of the product and transportation.

The Client may not use an alternative transport service to the one offered by Manzaning.

The Customer will have the right to check the status of their Order through the tracking service offered in the App.

PRICE AND METHOD OF PAYMENT

At the time of expressly accepting the Order through the App, the Customer must pay the price of the Products and the Service fee based on the selected delivery method. These amounts will include the Value Added Tax (VAT) and the other applicable taxes. Payment must be made in Euros through the payment methods provided in the App.

The price and, where appropriate, the additional costs and discounts applicable to the Products will be detailed both before making the payment and on the invoice. Additional expenses and applicable discounts will be duly itemized. In no case will Manzaning charge the Client additional amounts that had not been published prior to placing the Order.

Notwithstanding the provisions of Clause 8 of these Conditions, Manzaning will withhold the price paid by the Client until the Monday following the day the Products were delivered to the Client. Manzaning will transfer to the Merchants, through the bank account provided, the price of the Products paid by the Client.

The corresponding taxes will be applied to the above operations, assuming payment by whoever, in accordance with current regulations, is considered a taxpayer of the same.

CANCELLATION AND RIGHT OF WITHDRAWAL

To cancel a confirmed Order, the Customer must contact Manzaning through its customer service. In the event that the process of sending the Products has not been started, the cancellation of the Order will imply the return of the price of the Products and the rate applicable to the Service. On the contrary, Manzaning will only proceed to refund the amount of the Products but not of the Service, in the event that the procedure for sending the Products had been initiated.

The Client accepts and acknowledges that he will not have the right to withdraw from the Service offered by Manzaning once the Products have been delivered to the Client.

The Client may exercise his right to cancel the Order, without the need for justification and any penalty, within 14 calendar days following receipt of the Products. To comply with the aforementioned period, it is sufficient that the request for the right of withdrawal by the Client is sent to the Merchant before the expiration of the indicated period.

To exercise the right of withdrawal, the Customer must notify the Merchant of their decision to withdraw from the Order by means of an unequivocal statement addressed to the Merchant.

Within 14 calendar days following receipt of the withdrawal request and provided that the Customer has proceeded to return the Products to the Merchant within the same period, Manzaning will pay the Customer, through the means of payment used to make the acquisition of the Products, only the price of the Products.

Relationships with Merchants that refer to:

are excluded from the power of withdrawal.

The provision of services, once the service has been completely executed, when the execution has begun, with the prior express consent of the Client and with the acknowledgment by him that he is aware that, once the contract has been fully executed by the Merchants, you will have lost your right of withdrawal.
The supply of goods or the provision of services whose price depends on financial market fluctuations that the Merchants cannot control and that may occur during the withdrawal period.
The supply of goods made according to the Client’s specifications or clearly personalized.
The supply of goods that may deteriorate or expire quickly.
The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
The supply of goods that after delivery and taking into account their nature have been inseparably mixed with other goods.
The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the sales contract and which are not can be delivered before 30 days, and whose real value depends on market fluctuations that the Merchants cannot control.
Contracts in which the Client has specifically requested the Merchants to visit him to carry out operations urgent repair or maintenance; if, on that visit, the Merchants provide additional services to those specifically requested by the Customer or supply goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must apply to such additional services or goods .
The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the Customer after delivery.
The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
Contracts concluded through public auctions.
The provision of hosting services for purposes other than serving of housing, transportation of goods, rental of vehicles, food or services related to leisure activities, if the contracts provide for a date or period specific execution mode.
The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the Client with the knowledge on his part that consequently he loses his right withdrawal.

WARRANTY, AFTER-SALES SERVICE AND RESPONSIBILITY

The Customer is informed that the Merchant is responsible for each of the Product sales it makes and for offering the minimum legal guarantees on them and, where appropriate, an after-sales service in accordance with the applicable consumer regulations and users. In particular, the Merchant is responsible for any lack of conformity of the Products within a period of 2 years from their delivery.

Manzaning will not be responsible for any damages and/or losses that may be caused to the Client as a result of the breach of this Clause and of the provisions of the applicable regulations of consumers and users in this matter.

RESOLUTION

Manzaning may unilaterally and at any time terminate these Conditions in the event that the Client breaches any of the obligations and guarantees established therein or infringes any other rights of third parties. The resolution of these Conditions will not affect the power of Manzaning to claim the corresponding compensation for damages.

The Client will be entitled to cancel, at any time, his account in the App by sending an email to info@manzaning.com.

CUSTOMER SERVICE

The Client may contact Manzaning’s customer service through (i) the chat enabled for this purpose, (ii) by sending an email to info@manzaning.com, or (iii) by contacting written to Urban Manzana, S.L., calle Reina Victoria, 2 bis ático, 08021, Barcelona, either to cancel an Order, make claims arising from these Conditions or to request information about the Service.

MISCELLANEOUS

The Client may not assign, subrogate or transfer to third parties the rights contained in these Conditions without the prior written consent of Manzaning.

The lack or delay in the exercise of any right or in the demand for the fulfillment of any obligations arising from these Conditions, will not constitute a waiver of such right or demand for the fulfillment of the obligation, nor a waiver of any other rights or demands. compliance with obligations.

These Conditions, including the Legal Notice and the Privacy Policy that are incorporated into these Conditions by reference, constitute the final, complete and exclusive agreement between the parties in relation to the object thereof and replace any previous agreements or negotiations between them.

If any of the clauses of these Conditions are null and void for contravening the applicable legislation, said clause will be deemed not included, but will not affect the rest of the Conditions, which will be fully effective and valid between the parties.

LEGISLATION, APPLICABLE JURISDICTION AND PLATFORM FOR DISPUTE RESOLUTION

These Conditions have a commercial nature and must be interpreted and complied with according to their own terms and, in matters not foreseen, will be governed by Spanish legislation.

To the extent permitted by applicable law, for the resolution of any disputes arising from the validity, interpretation, compliance or execution of these Conditions, the parties expressly submit to the jurisdiction and competence of the Courts and Tribunals of the city from Barcelona.

Manzaning informs the Client of the existence of the online dispute resolution platform as an alternative procedure to the ordinary courts to resolve conflicts that may arise with the Merchants. The platform can be accessed through the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=ES.

April 2016