These General Terms and Conditions (hereinafter "the General Terms and Conditions") govern the procedure for purchasing products from the website accessible through the domain name www.51tripsbrand.com, www.51trips.com, the app owned by 51Trips and its subdomains (hereinafter "the Website"), based on the purchase of products, the navigation of the Website and the uploading of content through the Website. The simple access to the Website attributes to the user the condition of user of the same (hereinafter, "the User") and implies the acceptance of all the terms included in these General Conditions. In case of not agreeing with these General Conditions, the User must immediately leave the Website without using it.
By accepting these General Conditions the User declares:
1. That he/she has read, understands and accepts the above.
2. That, in case you are willing to purchase any product, you have sufficient capacity.
3. That he/she is of legal age or that being a minor he/she has the consent of his/her parents/guardians.
1. GENERAL INFORMATION ABOUT THE OWNER OF THE WEBSITE
Owner: 51Trips Brand SL (hereinafter referred to as "51Trips").
Headquarters and place of business: Calle Muntaner, 537 - ENT 1, Barcelona, 08022 , Barcelona
TAX IDENTIFICATION NUMBER: B01975176
2. RULES FOR USE OF THE WEBSITE
For the use of the Website, the User will be able to navigate through the set of spaces designed by 51Trips, where he/she can find a set of products, information for the creation of a tripbook, on social actions, specific articles on tourism and related in "blog", a story about the 51Trips team in "about us", and a set of contact points in "contact" and other legal information and accesses in the specific spaces of the Website.
In the space "travel notebooks" the User will be able to proceed to the purchase of the incorporated products through a series of simple steps.
In the Tripbook creation space, the user will get information about the final product and access to the App.
In the App, the User will be able to create a trip by uploading content to the App. Once the trip is finished, the User will be able to buy the personalized Tripbook of his creation.
The "contact" section includes all the means of contact with 51Trips, as well as a specific form for the User to contact directly.
In any case and for the use of the Website, the User in compliance with the provisions of these General Conditions is obliged to maintain a conduct according to law, good practice, lawful, appropriate and correct. Any use that the User makes and that may entail legal consequences that affect the rights and freedoms of third parties, other than the User, will be responsible for them and must exempt 51Trips from any liability.
3. CONTRACTING OF SERVICES
3.1 MAIN CHARACTERISTICS OF THE SERVICES
The main characteristics of the products and services offered through the Web Site can be consulted in the descriptive card in which they are presented.
3.2 PROCEDURE FOR TRIP CREATION, PURCHASE, PRINTING AND SHIPMENT OF TRIPBOOK
The procedure for creating, purchasing, printing and shipping Tripook is as follows:
In the 51Trips App you must click on the "create trip" process and then fill in the form with the travel dates, trip title, countries visited or to be visited, a cover photo and the possibility of adding companions.
From there, the User must upload the content -text and images- of his/her travel days.
Once the trip is completed, the User must preview the printing of his/her Tripbook, after accepting the preview of the Tripbook by clicking on the print button, the User must fill out a data form and pay through a payment platform external to 51Trips. 51Trips will then place the order to print the Tripbook and manage the order.
The User may not make returns for errors or defects that appear in the print preview and have been checked and accepted by the User.
Likewise, the User undertakes to:
-Do not upload any content or propaganda that may be racist, xenophobic, pornographic, or discriminatory, glorification of terrorism or a violation of human rights.
-Do not upload any content that may incite violence.
-Do not upload content that incites, shows or advocates any type of animal abuse.
-Do not upload content that undermines any rights of a minor.
-Not to upload, transmit or make available any type of information, elements or contents that may violate the human rights and fundamental freedoms constitutionally recognized in international treaties, of a third party.
-Not to upload, transmit or make available any type of information, elements or contents that may be qualified as illicit or unfair advertising with respect to a third party.
-Do not upload unsolicited or unauthorized advertising, advertising material, spam, pyramid schemes or any other type of solicitation, except for areas (such as commercial spaces) which have been specifically designated for such matters.
-Not to substitute other Users or disseminate account login information or password to a third party without the consent of 51Trips.
-Not to upload, transmit or make available any type of information, elements or contents without the authorization of the holder of the intellectual and industrial property rights that may affect this information, elements or contents.
- Do not upload, transmit or make available any information, items or content that may be in violation of the privacy of communications, a third party's right to one's own image, a third party's right to privacy and the law with respect to a third party's personal data. More specifically, any user who posts content that includes an identifying image of a person must have written consent.
-Do not upload, transmit or make available photographs or any type of representation or image of a minor to a third party without the prior consent of their parents or legal guardian.
-Do not upload any explicitly sexual content.
-Failure to avoid or attempt to avoid security measures.
-Not to commit fraud or use the Service in such a way that could reasonably be considered evidence of fraud.
-Do not copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create any work resulting from the application, all updates or any part thereof.
In no case 51Trips has control over the content uploaded by the User in the App, so the User exonerates 51Trips from any damage that could cause third parties the content.
You hereby grant 51Trips a non-exclusive license to use any image and content uploaded by you for the purpose of processing your Order and providing the Services, including the right to sublicense the use of your image and content to our service providers, and all necessary consents, including those under the Copyright Act or any other relevant legislation applicable to your location, to allow 51Trips to change, publish, distribute, display, use the Image for the purpose of allowing you to use our Application and allowing us to provide our Services.
The User acknowledges that in order to provide the Services to you, we need to share your Images and content with our suppliers. By using our Application and submitting an Order, the User expressly consents to our suppliers printing and processing your Images and content to produce the printed Products requested by the User in your Order and other related functions that are necessary to provide the Services to you.
3.3 PROCEDURE FOR PURCHASING TRAVEL BOOKS TO BE FILLED IN BY HAND.
The language of the travel books is Spanish and Italian.
The procedure for purchasing products through the Website is as follows:
From the desired product file, the User will find all the information related to it.
After consulting the product information, the User, if he/she wishes, may begin the purchase process. For it, the User will have to indicate inside the available options of every product the wished ones, proceeding according to his will to add the product to the basket doing click in "Add to the basket", or to the transaction of purchase of the product doing click in "Buy now".
If the User has clicked on "Add to cart", at this point a summary of the products selected by the User will appear and the User will be allowed to modify the quantity of such products; the total value of the desired products will also be shown and the User will be allowed to either continue with the order process by clicking on "Place your order", or to continue browsing the Website.
In any case of continuing to browse the Web Site, the User will be able to access his shopping cart to see the set of products he has selected by clicking on the cart icon located in the upper right corner of the web page. At that time you can update your cart, to enter more products or delete them, or you can proceed with the purchase process or continue browsing.
By clicking on "Continue with shipments", the User will be transferred to a payment gateway in which the User must enter the data of the card that the User wants to use for the processing of the payment. In this regard, 51Trips does not retain any data related to the User's credit card number, and everything is done at the same payment gateway provider.
Finally, the User will be able to confirm the processing of the purchase. An email of justification and processing of the purchase will be sent to the email address indicated, as well as all the necessary contractual information.
3.4 CORRECTION AND IDENTIFICATION OF DATA ENTRY ERRORS
When the User forgets to correctly fill in any information indicated as obligatory in the corresponding form, he/she will not be able to advance in the contracting or validation process until he/she has completed it. A message on the screen will warn him/her of this circumstance.
You may modify and/or update the data provided during the purchase process at any time, prior to its completion.
3.5 DELIVERY OF ORDERS
The delivery time is 2 to 4 days for standard shipping. The cost of standard shipping is 1.90 € for Spanish territory of the peninsula. The cost for international shipments is marked within the shipping and delivery policy. Shipping is free on purchases over thirty euros.
Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of each shipping confirmation, within the period indicated on the website according to the selected shipping method and, in any case, within a maximum period of 30 days from the date of the order confirmation.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note, in any case, that we do not deliver to your home on Saturdays or Sundays.
For the purposes of these conditions, it shall be understood that "delivery" or that the order has been "delivered" at the moment in which you or a third party indicated by you, acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
In case of shipment to a destination outside the EU, customs charges are to be borne by the customer.
3.6 PRICE AND PAYMENT OF PRODUCTS
The prices indicated for each product in its corresponding file include, unless expressly stated otherwise, the Value Added Tax (VAT) and, in any case, are expressed by default in Euro currency (€). These prices, unless expressly stated otherwise, do not include shipping costs, shipping insurance or any other additional services and annexes to the product or service purchased.
The methods of payment allowed on the Website are by credit or debit card American Express, Maestro, Mastercard and Visa. Payment by PayPal is also permitted.
All payments use a third party payment service provider, 51Trips is not responsible for any information provided by the payment provider or how your information is used or stored to enable you to use the payment provider's payment services, the operation of which is beyond the control of 51Trips. It is important that you understand the payment provider's terms and conditions that apply to any use of the payment provider's services. 51Trips is not responsible for any losses you incur in connection with your use of the payment provider.
4. RIGHT OF WITHDRAWAL
4.1 EXERCISE PERIOD
The User has the right to cancel the purchase made through the Website within a period of 14 calendar days without justification.
In the case of a sales contract, the withdrawal period shall expire 14 calendar days from the day on which the User or a third party indicated by the User, other than the carrier, has acquired material possession of the products.
In the case of a contract for the delivery of multiple products ordered by the User in the same order and delivered separately, the withdrawal period shall expire 14 calendar days from the day on which the User or a third party indicated by the User, other than the carrier, has acquired material possession of the last of these products.
To exercise the right of withdrawal the User must notify 51Trips its decision to withdraw from the contract through an unequivocal statement to email@example.com. To return the order, the User must send an email to firstname.lastname@example.org with the subject "RETURN" followed by the order number, for example "RETURN #1001".
To meet the withdrawal deadline, it is sufficient that the User's communication concerning the exercise of this right is sent before the expiration of the corresponding deadline.
There shall be no right of withdrawal in the case of personalized products, in particular in the case of creation and printing of personalized travel notebooks (Tripbook).
4.2 CONSEQUENCES OF WITHDRAWAL
In case of withdrawal, 51Trips will refund all payments it has received from the User (with the exception of the additional costs resulting from the User's choice of a delivery mode other than the least expensive mode of ordinary delivery offered by 51Trips) without any undue delay and, in any case, no later than 14 calendar days from the date on which the User informs 51Trips of its decision to withdraw from the contract.
51Trips will proceed to effect such reimbursement using the same means of payment used by the User for the initial transaction, unless it has expressly provided otherwise; in any case, the User will not incur any costs as a result of the reimbursement. 51Trips may withhold the refund until it has received the products, or until the User has provided proof of the return of the products, whichever condition is met first.
The User must return or deliver the products directly to 51Trips, without undue delay and, in any case, no later than 14 calendar days from the date on which he/she communicates his/her decision to withdraw from the contract. The deadline will be deemed to have been met if you return the products before the end of this period.
When the User makes his communication of withdrawal, 51Trips will contact the User to arrange the collection of the product. Once the product arrives at 51Trips facilities and the return is approved, we will proceed to refund the amount of the order, subtracting € 5 for collection costs.
The User shall only be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature and characteristics of the products. If the User proceeds to the return of the purchased product, in the event that 51Trips detects that the returned product does not conform to its original state, it will return the manipulated product without proceeding to the restitution of the amount paid.
4.3 CASES IN WHICH THE RIGHT OF WITHDRAWAL DOES NOT APPLY
In accordance with the provisions of Article 103 of Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the User is informed that he/she may not withdraw from the following contracts:
1. The supply of products made to the User's specifications or clearly personalized.
2. The supply of sealed products that have been unsealed after delivery if they do not present any defect of origin.
5. COMPLAINTS, CLAIMS AND REQUESTS FOR INFORMATION
The User may address complaints, claims and/or requests for information to 51Trips, using any of the following methods:
1. By sending a letter to Calle Muntaner, 537 - ENT 1, Barcelona, 08022 , Barcelona.
2. By sending an e-mail to the address email@example.com.
6. LEGAL GUARANTEE OF CONFORMITY FOR PRODUCTS
The User is reminded that, in accordance with the provisions of Articles 114 and following of Royal Legislative Decree 1/2007 of November 16, 2007, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, all products delivered by 51Trips must be in accordance with the contract, responding 51Trips against the User for the lack of conformity that are manifested in a period of two years from delivery of the product.
The scope and form of execution of the rights conferred to the User by said legal guarantee can be consulted in articles 114 and following of the aforementioned regulation.
7. ADDITIONAL COMMERCIAL GUARANTEE
In case you receive an order that does not correspond to what was purchased, you will have a period of 14 calendar days from receipt of the order to contact us at the email account firstname.lastname@example.org. In the message you must indicate the order number, add an image showing what you have received and explain what the error is. 51Trips will verify it and offer you a solution.
If you have to send the product back to our warehouse, 51Trips will take care of the shipping costs. We will then proceed to replace the product or refund the amount as requested by the customer.
The product must not have been used and must be in its original box with all accompanying items.
In case the product is defective, you must contact email@example.com within 14 calendar days of receipt of the product and add a picture of the defect; in this way we can verify that the product has a real defect.
If you have to send the product back to our warehouse, 51Trips will take care of the shipping costs. We will then proceed to replace the product or refund the amount as requested by the customer.
8. DISCLAIMER OF LIABILITY
51Trips is responsible for the quality of the products that the User may purchase, assuming the cost of defects attributable to the fulfillment of 51Trips' corporate obligations; this implies up to the full amount of the cost of the product purchased by the User.
Neither 51Trips nor its contributors shall be liable for: unfulfilled expectations of the User; punitive, special, indirect or consequential losses or damages; errors relating to the description of information including product descriptions and prices; losses, damages or costs suffered, incurred or paid by the User arising out of or relating to the use, unavailability or delay in the operation of the Website; any kind of damage, whether arising from legal acts, errors, breaches, negligence, wilful professional misconduct, omissions, defaults, misrepresentation, strict tort liability or attributable to the User to a third party unknown to 51Trips.
Furthermore, 51Trips shall not be liable for:
- Of the content uploaded by the User to the App.
- The use of the Service by Users whose information is inaccurate or untruthful.
- Of any use that Users may make with the User Content that are prohibited or that may infringe the intellectual property rights and / or industrial Service of the Service or content of a third party, not to comply with confidentiality obligations.
- Any activity on the part of the Users that involves unfair competition and/or illegal advertising.
- The possible loss of the User's data due to causes not attributable to the service.
- Access to the contents included in the service by minors.
- From the lack of availability, errors, access failures and discontinuity of the service.
- Of any errors or problems that may occur in the communication, deletion or incomplete transfers.
Of any malfunction or problems in the e-mail address provided by the user.
9. INTELLECTUAL PROPERTY
All trademarks, copyrights, database rights, logos, brands and other intellectual property rights of any nature in the App or web or any element of our Services or Products, together with software code are owned directly by 51Trips or our suppliers or licensors and the User has no rights in the Intellectual Property, nor in the App, nor in the Technology at any time, other than the right to use each of them in accordance with these Terms.
The User acknowledges that it has no right to access the Application in source code form.
The User shall indemnify and hold 51Trips harmless in full for any claims incurred by our suppliers, customers or any third party as a result of the use of third party intellectual property with respect to any content that the User provides when using the Services, which is strictly prohibited and contravenes these Terms, unless he/she has legal authorization to do so from any of the owners of such rights.
10. NULLITY AND INEFFECTIVENESS OF THE CLAUSES
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Conditions shall subsist in all other respects and such provision shall be considered totally or partially as not included.
11. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions shall be governed by and construed in accordance with Spanish law.
In case of controversy arising from the use of the Website, or the contracting of products through the same, the parties agree to submit any matter to the Courts and Tribunals of Barcelona, unless by law they are allowed to resort to another jurisdiction that may correspond to them, such as that of the consumer's domicile.
12. ALTERNATIVE DISPUTE RESOLUTION IN CONSUMER MATTERS
In those cases in which the users of payment services have the status of consumer in accordance with the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, the parties may resort, when so agreed, to the consumer arbitration provided for in Royal Decree 231/2008, of February 15, which regulates the consumer arbitration system, or resort to the European online dispute resolution system https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.