Terms & Conditions
ENGLISH
This contractual document shall govern the General Conditions for contracting products (hereinafter, “Conditions”) through the website www.wellgaleria.com owned by NICE SOCIALS S.L., hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this website.
These Conditions will remain published on the website at the disposal of the CUSTOMER to reproduce them and to keep them as confirmation of the contract, being able to be modified at any time by the NICE SOCIALS S.L. It is the responsibility of the CUSTOMER to read them periodically since they will be applicable those that are in force at the moment of realization of orders/contracting. NICE SOCIALS, S.L. will file the electronic document where the purchase is formalized and will have it at the CUSTOMER’S disposal if he/she requests it.
The contracts will not be subject to any formality except the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER accepts the following:
That he/she is a person with sufficient capacity to contract. The PROVIDER only contracts with persons of legal age by Spanish law (article 315 of the Civil Code).
That he/she has read, understands and accepts without reservation every one of the points of the present general conditions, as well as the particular conditions of each service/product, from the moment of contracting.
That he/she assumes all the obligations established in this regard.
That he/she will use this web page only and exclusively to carry out legally valid contracts. If it could reasonably be considered that a false or fraudulent contracting has been made, we will be authorized to cancel it and inform the competent authorities, if necessary.
That the CUSTOMER will provide his/her postal address, e-mail address, telephone number and/or other contact details truthfully and accurately for the correct management of the contracted services, and keep such data updated; otherwise, we will not be able to process the service.
The PROVIDER does not intend to process data corresponding to minors.
The present conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website. Browsing the Web, as well as the contracting of any of the services/products offered in it, implies the acceptance as a user, without reservations of any kind, of each and every one of the present general conditions of contracting and use. The present contracting conditions will be available to the USER at all times on the page for reading and printing and must be accepted by the USER before the completion of the process by marking the corresponding check-box.
The PROVIDER informs that the business is responsible and aware of the legislation in force, and reserves the right to unilaterally modify the contractual offer, constituted by the present general conditions and the list of services/products and their prices at any time, although such modifications will not be made with the contracts already made by the USER previously. Therefore, it is recommended to read them before contracting any of the services offered.
This document can be printed and stored by the USER.
1. IDENTITY OF THE CONTRACTING PARTIES
On the one hand, the PROVIDER of the services/products contracted by the USER is NICE SOCIALS S.L., with CIF B70620950. Email address wellgaleria@gmail.com.
On the other hand, the CUSTOMER, registered in the web site by means of an email or user name, on which he has full responsibility of use and custody, and whose purpose is to contract the services offered through the web.
The USER is responsible for the veracity of the personal data provided to the PROVIDER.
2. RECTIFICATION OF DATA
When the CUSTOMER identifies mistakes in the data published in the web site or in the documents generated by the contractual relationship, he/she can notify it to the e-mail wellgaleria@gmail.com so that NICE SOCIALS S.L. corrects them as soon as possible.
3. COMMUNICATION AND CONTACT
For the purpose of communications, the company puts at the disposal of the client the following means:
Email: wellgaleria@gmail.com
Contact form and user service through the website www.wellgaleria.com
Communications made between the customer and the company by such means shall be considered effective and valid for all purposes.
4. RESPONSIBILITY
Of the CUSTOMER
The CUSTOMER undertakes to make lawful use of the website and the services and products offered therein, respecting current legislation and refraining from harming the rights and interests of third parties and the PROVIDER.
Access and use of the website is forbidden to minors without the consent of their parents or guardians. The PROVIDER is not responsible for the veracity and accuracy of the data filled in by the client and therefore cannot verify the age of the same. In the event that a minor uses this page and makes a contract, it will be understood that he/she has done so under the supervision of his/her parents or guardians.
The CUSTOMER is responsible for the veracity of the data provided to the website and is therefore liable for the consequences that may be caused by providing false or erroneous data on this website. It is the obligation of the CUSTOMER to keep them updated.
The CUSTOMER undertakes not to carry out actions contrary to the law, morality, public order. Likewise, the USER undertakes not to carry out actions that may impede, damage or deteriorate the normal operation of the services or that may damage or cause damage to the property and rights of the PROVIDER, its suppliers and users in general.
The CUSTOMER undertakes not to introduce, store or disseminate through this website any program, data, virus, code or any other electronic or physical device that is likely to cause damage to the website, any of the services, or any of the equipment, systems or networks of the PROVIDER, any other user, the suppliers of the entrepreneur or in general any third party.
It is the obligation of the CUSTOMER to diligently keep the product (pdf with link to the downloadable files), assuming responsibility for any damages that may arise from improper use of them. The product is personal and non-transferable.
The CUSTOMER must respect and accept the general contracting conditions, and the legal and privacy notices established in this website.
Failure to comply with the above, may result in the withdrawal or cancellation of the services offered by the PROVIDER without prior notice and without entitlement to any compensation, as well as the initiation of legal actions to which the PROVIDER is entitled to resort.
Of the PROVIDER
The PROVIDER undertakes to respect the obligations established in the present general contracting conditions.
The PROVIDER uses a secure server to guarantee the privacy of the data transmitted by the users through the SSL protocol. The USER can verify that browsing the website is secure if the padlock symbol appears and the URL begins with https.
In relation to the existence of reviews, comments, evaluations or forums, the PROVIDER shall adopt the appropriate and pertinent measures to guarantee the veracity and reliability of such comments or reviews from customers or users, thus avoiding fraudulent, misleading or interested evaluations.
For any information or to solve doubts, the customer will have the form established for this purpose on the website or via e-mail to the e-mail address wellgaleria@gmail.com indicating the order number or reference or establishing your query.
4. LANGUAGE
The language in which the relationship with the customer is perfected will be English and communication with users will be in that language.
5. PURPOSE OF THE CONTRACT
The purpose of this contract is to regulate the contractual relationship of purchase and sale between the PROVIDER and the CUSTOMER at the moment the CUSTOMER accepts the corresponding box during the online contracting process.
The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of one or more services and/or products contracted through the portal.
Contracts made on the Internet through the website entail contractual data between the CUSTOMER and the PROVIDER that will be subject to confirmation and collection by both parties prior to the performance of any activity related to the contracted service.
The CUSTOMER declares to know and accept the present general conditions before confirming his contracting. The confirmation of the contracting of a service implies, therefore, the acceptance of these general conditions.
Unless proven otherwise, the data recorded by the website constitutes proof of all transactions made between the PROVIDER and the CUSTOMER.
6. CONTRACTING PROCEDURE
The CUSTOMER, in order to access the services offered by the PROVIDER, must be of legal age and register through the website by creating a user account.
The CUSTOMER must freely and voluntarily provide the personal data that will be required; in any case, the USER must provide the necessary information for the contracting, data that will be in any case truthful, accurate and complete about his identity and of which the customer will consent to its treatment by accepting the privacy policy of the employer. The refusal to provide the mandatory data will mean the non-provision or the impossibility to access the service for which they were requested.
The data provided will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
To proceed with the contracting of services, the CUSTOMER must follow the following steps:
Select the desired product, according to the indications indicated on the screen.
Filling in the contracting form provided.
The CUSTOMER undertakes to make diligent use of the product and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft thereof or possible access by an unauthorized third party, so that the latter may proceed to block them immediately.
Finalize the purchase by proceeding to the payment of the service.
The USER must read the general and particular conditions of the service. Once they have been read and/or downloaded, the USER must mark the acceptance as he/she has read and understood them, proceeding to the validation of the contracting of the service.
The PROVIDER will send confirmation of the requested contract, which will not be valid until payment is confirmed.
7. ELECTRONIC INVOICE
The CUSTOMER shall have the right to receive the invoice on paper if so requested.
However, the invoice will be sent in electronic format to the email address indicated by the client or by downloading it from his private area enabled on the web.
8. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall imply the acceptance by the CUSTOMER of these legal conditions. No stipulation made by the CUSTOMER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
9. SERVICES/PRODUCTS OFFERED
Prices shall be governed by our current rates, except for typographical errors, and the PROVIDER reserves the right to modify them without prior notice. The PROVIDER undertakes not to allow any transaction that is illegal or considered fraudulent and reserves the right to cancel or refuse any order from a CUSTOMER with whom it has a dispute regarding the payment of a previous order.
The main features of each service/product are described in their corresponding tabs or sections (features, price, offers, discounts, etc.).
The offers or discounts will be duly marked and identified as such, conveniently indicating the previous price and the current price of the offer. In the cases of promotions of limited duration, the discount of the promotion will be applied as long as the contracting has been carried out during the promotion period.
9. INTELLECTUAL PROPERTY
NICE SOCIALS, S.L., is holder of all the rights of intellectual and industrial property of its web page, as well as of the elements contained in the same one (by way of example: images, sound, audio, video, software or texts; brands or logotypes, combinations of colors, structure and design, selection of used materials, computer programs necessary for its functioning, access and use, etc.). All rights reserved.
The CUSTOMER is granted a limited, personal, commercial, non-exclusive, non-transferable and revocable license to use the services/products for marketing and advertising purposes in its channels (web pages, social networks, videos, and other media). But in any case, the use of the services/products of the PROVIDER does not grant the CUSTOMER the ownership of any intellectual property right on the services/products to which he/she accesses for a fee paid through www.wellgaleria.com. The redistribution or resale of the products, archive videos and/or photographs and passwords is prohibited. The CUSTOMER agrees that he/she will not share access to his/her user account or access information to his/her account with third parties.
The PROVIDER reserves the right to revoke the license of use to the CUSTOMER at any time and for any reason and to implement the necessary legal mechanisms.
10. ACTIVATION OF SERVICES
The PROVIDER will not activate any service until it has verified that payment has been made.
As the order does entails the physical delivery of any product (a pdf with a link to the downloadable files), the PROVIDER will previously inform the USER regarding the procedure to follow to perform this download or activation.
The PROVIDER shall activate the service without undue delay.
In the event of not being able to execute the contract because the contracted service is not available on time, the CUSTOMER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.
The PROVIDER shall not assume any responsibility when the download or activation of the service does not take place, due to false, inaccurate or incomplete data provided by the USER.
The provision of the service shall be deemed to have been carried out at the moment the CUSTOMER has downloaded or activated the service.
11. PRICE AND TERM OF VALIDITY OF THE OFFER
The price of each service is reflected in the current catalog and on our website, and will be applied automatically in the contracting process.
The USER accepts that the economic valuation of some of the services/products may vary in real time. As a consequence, the price to be applied will be the one in force on the date the order is placed. However, this final price will be communicated to the USER in the electronic contracting process in advance and before he/she proceeds to formalize his/her acceptance.
The prices indicated for each service include Value Added Tax (VAT) and in any case will be expressed in Euro currency (€).
These prices, unless expressly stated otherwise, do not include shipping or communication costs or any other additional services and annexes to the service purchased.
Any payment made to the PROVIDER shall entail the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be sent in PDF format to the email address provided by the USER. It will be possible to download the invoice in PDF format by accessing the Web management panel with the user account.
For any information about the order, the CUSTOMER may contact via email to the address wellgaleria@gmail.com.
12. PAYMENT METHODS AND METHODS OF PAYMENT
The PROVIDER uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of the access controls.
Any contracting process or process involving the introduction of personal data (name, bank details, addresses) shall be carried out through a secure communication protocol (HTTPS://) in such a way that no third party has access to the information transmitted electronically.
The USER will be able to pay the amount of his order opting for any of the following payment methods:
Credit or debit card.
It is made through the bank that has high security systems and supports major credit and debit cards: Visa, MasterCard, 4B, Maestro, Servired, Euro 6000, etc.. This payment method does not imply any additional cost for the customer.
When you select “payment by card” you will see a screen indicating the total amount to be paid. In this encrypted screen you will have to enter your card details, which will only be known by your bank. As soon as the payment is accepted, the PROVIDER receives it and starts the contracted service. The PROVIDER will be the only one who will have proof that the payment has been made.
The order confirmation sent by the PROVIDER is not an invoice but a proof of contract.
Link
Link stores the CUSTOMER’s payment information, so that, when making a purchase with this system, the card details, addresses and telephone numbers provided by the user are automatically filled in.
Once Link automatically fills in the CUSTOMER’s data, a verification is also sent to the USER’s cell phone to authenticate the payment.
Before payment confirmation, the CUSTOMER is given the opportunity to review his/her order.
13. RIGHT OF WITHDRAWAL
In the scope of the provision of services, it will not be possible to exercise the right of withdrawal when the service contract itself has already been executed, this means, once the service starts to be provided, there is no possibility of exercising the right of withdrawal.
Once the product has been delivered, the USER will not have the possibility of returning or being refunded for it.
14. LIABILITY
The contractual guarantee offered is the one established in the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users. The PROVIDER shall be liable for damages caused to consumers and users, unless proof of having complied with the demands and requirements established by regulations and other care and diligence required by the nature of the service.
15. COMPETITION
The CUSTOMER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these conditions is considered null and void or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The CUSTOMER declares to have read, to know and to accept the present Conditions in all their extension.
The PROVIDER may, without prior notice, suspend or terminate the CUSTOMER’s access to its services, in whole or in part, for any valid reason, including, without limitation, when the CUSTOMER fails to comply with or follow any of the obligations set forth herein or any applicable legal provision, license, regulation, directive, code of practice or usage policies.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
16. FORCE MAJEURE
None of the contracting parties shall have any liability for any type of default due to force majeure or breach of these conditions due to circumstances unforeseen at the time of contracting and which in themselves prevent the rendering of the service, such as acts of God, war, terrorism, embargoes, actions of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. Performance of the contract shall be postponed until the end of the force majeure situation.
17. COMPLAINT SHEETS
The USER has at his disposal complaint forms in accordance with the competent regulations on this matter. It will be able to request the remission of the same ones by means of the form of contact established to the effect in the Web or to the electronic direction wellgaleria@gmail.com or form of attention to the client.
18. JURISDICTION AND APPLICABLE LAW
These General Conditions are governed by Spanish law. The parties submit, at their choice, to the Courts and Tribunals of the domicile of the user and/or consumer for the resolution of conflicts and renouncing to any other jurisdiction. In the case of a sale and purchase made by an individual or legal entity acting within the framework of its business, commercial activity, trade or profession, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Madrid (Spain).
18. EUROPEAN ONLINE DISPUTE RESOLUTION PLATFORM
Any claim that the CUSTOMER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
E-mail: wellgaleria@gmail.com
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/