TERMS & CONDITIONS for MICASA3D.COM

INTRODUCTION

The purpose of this document is to establish the conditions of use of the website MICASA3D.COM/ES by users.

We ask you to carefully read these TERMS AND CONDITIONS as well as the PRIVACY POLICY before using this website. If you wish, you can print these conditions. By using this website or placing an order through it, the user accepts our TERMS AND CONDITIONS as well as our PRIVACY POLICY, therefore, if you do not agree, you should not use the website.

GENERAL INFORMATION

In compliance with the duty of information contained in art. 10 of Law 34/2002 of July 11, on Services of the “Servicios de la Sociedad de la Información y del Comercio Electrónico”, we inform you that the ownership of the website corresponds to Isabel Rey, CALLE ALEJANDRO DUMAS 17 – OFICINAS- 29004 MÁLAGA, with email INFO@MICASA3D.COM and phone numbers 951 840 684 and 604 369 697, hereinafter “the Owner” or “micasa3D”.

This merchant agrees not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence in them. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited: Selling medicines.

USE OF THE WEBSITE

By using this website and placing orders through it, the user agrees to the following:

* Use the website solely for the purpose of consulting products and placing orders.
* Do not make any fraudulent or false orders. If an order is reasonably considered to be fraudulent, micasa3D is authorized to cancel it and inform the relevant authorities.
* Have legal capacity to enter into contracts (the user declares to be over 18 years of age).
* Provide your contact information in a truthful and exact way in order to be able to send the orders.

PROTECTION OF PERSONAL DATA

micasa3D informs users of this website about its policy regarding the treatment and protection of personal data that may be collected by browsing or contracting services through the privacy policy. You can access the privacy policy from the website at any time.

PURCHASE CONDITIONS

Availability of the service. Users have the possibility of placing orders for the items offered through the website for delivery to an address within the Spanish peninsular territory or the Balearic Islands.

LANGUAGE

The contract will be formalized in Spanish. This translation of the Spanish original text “Terminos y Condiciones” is provided for convenience only, and for all legal purposes, only the original Spanish text is valid.

AVAILABILITY OF PRODUCTS

Orders are subject to product availability. If there are difficulties regarding the supply of the products, micasa3D will inform the client of this circumstance, either by mail or by phone and will refund any amount that had been paid for the product or products not available.

PRODUCT PRICES

The prices of the articles include all current taxes but do not include shipping costs, which will be added to the total amount. micasa3D reserves the right to modify prices at any time, although the products will be billed based on the price in force at the time of placing the order (subject to product availability).

The purchase order will indicate both the total price of the product/products, including VAT and the corresponding shipping costs, as indicated in the following sections.

The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.

SHIPPING COSTS FOR PHYSICAL GOODS WITHIN THE SPANISH PENINSULA

For orders whose total weight is less than 1 kg, shipping costs amount to €6.50 VAT included, cost that must be added to the total amount. The shipping costs will therefore be borne by the customer. micasa3D reserves the right not to apply shipping costs and, in this case, the shopping cart will mention that shipping is free.

HOW TO PLACE AN ORDER

To place an order, you must first contact us via the contact form, email, or phone. You will need to provide your full name, email address (if calling), the exact address of the location to be visited (it must be locatable via Google Maps), the approximate area in m2 to be photographed, and the desired products (virtual tour or virtual tour + floorplans). In the second step, we will send you an email confirming your details, the amount due, and the website address where you can pay for the order. In the third step, once payment is received, on the next business day we will contact you to schedule the photographer’s visit. Before formalizing the purchase, you must EXPRESSLY ACCEPT these conditions as well as the privacy policy and the waiver of the right of withdrawal.

RIGHT TO CANCEL THE ORDER

micasa3D reserves the right to reject an order from a client with whom there is a dispute.

micasa3D also has the right to reject or cancel an order for justified reasons, such as:
* Due to an error in the billing information (which is incorrect or impossible to verify)
* If there is suspicion of fraud with the bank card
* If it is not possible to send it to the indicated address
* If there are reasons why it is suspected that the user is not a final consumer
* If the user is under 18 years of age
* If full payment has not been made.

PAYMENT METHOD

You can use a bank card, bank transfer, Paypal & Bizum as a means of payment. The total amount of the order, which will include the shipping costs that correspond according to the case, will be charged to the customer’s account at the time of purchase. Payments are only accepted in EUROS.

By paying by card and in the event that an incident occurs during the process (for example, the terminal informs that the card has been denied) the order will be canceled automatically.

By clicking on “Pay” the user is confirming the payment of the order as well as that the credit card is his. To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize the payment, the order will be automatically canceled, informing the system to the customer about said cancellation.

The order will be sent to the address that you indicate once the payment of the total amount of the order has been confirmed. If the amount is not for the total, micasa3D reserves the right not to send the order until it is fully paid by the client.

DELIVERY

Products will be shipped to the physical or online address provided by the user. Digital products will be delivered via email and may consist of either the digital material itself or a URL to access said digital material hosted on a micasa3D server.

For physical products, delivery times range from 48 to 96 hours (business days) for addresses within mainland Spain and begin after the time required for product creation, as defined in the “Delivery” section of the pricing page.

The stated delivery times will be respected unless unforeseen or extraordinary circumstances beyond our control arise. If, for any reason, we are unable to meet the delivery date, we will inform you.

For physical products, for the purposes of these terms and conditions, “delivery” or “delivered order” shall be deemed to have occurred when you, or a third party designated by you, take physical possession of the products. This will be evidenced either by a signature upon receipt of the order at the agreed delivery address or by a corresponding note made by the courier.

For digital products, for the purposes of these terms and conditions, “delivery” or “delivered order” shall be deemed to have occurred when we send an email to the customer’s email address containing the digital material (or the URL to access said material).

IMPOSSIBILITY OF DELIVERY FOR PHYSICAL PRODUCTS

If delivery to the address provided is not possible, the Owner will attempt delivery again at a later date. If you will not be home, please contact the Owner to arrange delivery for another day.

If, within 15 days of your order being available for delivery, it cannot be delivered due to reasons beyond the Owner’s control, the matter will be considered resolved without prejudice to the Owner.

IMPOSSIBILITY OF DELIVERY FOR DIGITAL PRODUCTS

If it is impossible to deliver the digital products to the email address provided by the customer, the Owner will attempt to contact the customer again to arrange delivery to another email address.

If, within 15 days of the order being available for delivery, the order cannot be delivered due to reasons beyond the Owner’s control (full mailbox, incorrect address or domain, blocked email account, etc.), we will consider the matter resolved without prejudice to the Owner.

CANCELLING AN ORDER

As a general rule, the user has the right to cancel an order without giving any explanation. This right is the right of withdrawal established by Article 102 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.

However, in the case of micasa3D, the type of products and services offered does not allow for the application of this right of withdrawal as such, since they are personalized products of an intangible nature, made at the express request of the client, and once created or their creation has begun, these products cannot be returned.

The micasa3D ordering process includes a section requiring confirmation of the waiver of the right of withdrawal from the moment the production of the products has begun. For the purposes of defining this moment, we consider the start of production to be the beginning of the photo capture session.

For the reasons stated above, the right of withdrawal with full refund granted by micasa3D applies only during the period from receipt of the client’s advance payment until the day before the scheduled photo session.

For cancellations notified on the day of the scheduled photo session, a 25% penalty will be applied, resulting in a 75% refund of the advance payment.

For cancellations notified at the last minute on the day of the scheduled photo session, after the photographer has already departed, a 25% penalty will be applied, resulting in a 75% refund of the advance payment. If the travel costs were included in the advance payment, these costs will not be refunded, as they have been incurred and micasa3D cannot be held liable.

“Last-minute cancellations” will also be considered to include cases where, upon arrival at the location, the photo session cannot be carried out due to lack of access. For example, the client does not attend the appointment, the client is absent, the area to be photographed is not in a condition to be visited, or access to the location’s immediate surroundings is impossible for reasons beyond micasa3D’s control, such as a closed road, roadworks, or a prohibited passage.

When a cancellation is notified between the receipt of the customer’s advance payment and the day before the scheduled photo session, we will refund the full order amount within 14 days of the cancellation notification.

If the cancellation only includes part of the order, we will only refund the value of those specific items.

RESPONSIBILITIES

The access and use of this web page is the responsibility of the users. It is not guaranteed by micasa3D:

– The infallibility, availability, continuity, the absence of security deficiencies of the web page
– That the content of the page or the information that passes through it is free of viruses or other harmful elements as well as errors, omissions or incorrectness.
– The possible damages or losses that could derive from interferences, omissions, interruptions, computer viruses, breakdowns or disconnections in the operational functioning of the web page
– Delays or blockages in the use of this page caused by deficiencies or overloads of the data processing center, nor of the damages that may be caused by third parties through illegitimate interference that are beyond the control of micasa3d.com.
– micasa3d.com is exonerated from liability for any damage or loss that the user may suffer as a result of errors, defects or omissions in the information provided, provided that it comes from other sources.

Merely accessing the website does not imply any type of commercial relationship between micasa3D and the user.

micasa3D only supplies products for domestic and private use. The customer agrees not to use the product for commercial, advertising or resale purposes. micasa3D has no responsibility for any loss of profit, loss of business, business interruption or loss of business opportunities of the client.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding both for the client and for micasa3D, as well as for our respective successors, assignees and successors in title. The client may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained the prior written consent of micasa3D. We can transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its validity. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, if applicable, you, as a consumer, have recognized by law, nor will they nullify, reduce or limit in any other way the guarantees, both express and implied. , that we could have granted.

INFORMATION AND CONTENTS OF THE WEB

The information displayed on the website is current on the date of the last update. micasa3D reserves the right to update/modify/eliminate information on this website at any time and without prior notice.

In the event that the web page contains links to other web pages and materials from third parties, said links are provided for informational purposes only, without micasa3D having any control over the content of said web pages or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.

micasa3D reserves the right to modify the Terms and Conditions. The modifications introduced will not be retroactive. If you do not agree with the modifications introduced, we recommend that you do not use our website.

VIRUSES HACKING AND OTHER COMPUTER ATTACKS

The user must not misuse this website by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other program or technologically harmful material. The user will not try to gain unauthorized access to this web page, to the server on which said page is hosted or to any server, computer or database related to our web page. The user agrees not to attack this web page. Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website. We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically disruptive or damaging program or material that may affect your computer, computer equipment, data or materials as a result of your use of this website or of the download of its contents or to which it redirects.

INTELLECTUAL PROPERTY AND COPYRIGHT

The user acknowledges and agrees that all copyright, registered trademark and other industrial and intellectual property rights on the materials or content that are provided as part of the website correspond at all times to micasa3D. The user may make use of said material only in the manner in which he is expressly authorized.

APPLICABLE LAW AND JURISDICTION

The use of this website and the contracts for the purchase of products through it will be governed by Spanish law. Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

You can make any complaint and claim before micasa3D by email at INFO@MICASA3D.COM or by post to the address Isabel Rey, MICASA3D, CALLE ALEJANDRO DUMAS 17 – OFICINAS- 29004 MÁLAGA.