I AM ID SOLUTIONS GENERAL CONTRACTING CONDITIONS

 

0. PRIOR CONTRACTING INFORMATION



0.1 These terms and conditions (the " General Terms"), together, where appropriate, with the expressed conditions that may be established (the "Conditions"), will regulate the access, use and trade relations between the user ("Customer ") and the I AM ID SOLUTIONS sales' site (the" Point of Sale "), through which he formalizes the purchase of products offered during the period of availability (the" Products ") via the trading platform accessible on www.imyourid.com web site (the "Online Channel") owned by I AM ID SOLUTIONS, SL, with CIF B65833220 and registered office in Barcelona, Josep Llovera Passage, number 5, attic,  second door. The Company is registered in the Mercantile Register of Barcelona, Volume 43274, Page 68, Section 8, HB 422513, I / A 1. 10/07/2012.

0.2 These General Terms will remain in force and shall be valid for as long as they are accessible through the Online Channel. I AM ID SOLUTIONS reserves itself the right to substitute at any time both the General Conditions and the Special Conditions (the "New Terms"), as well as all legal notices, guidelines and / or regulations of use contained in the Online Channel and depending on the case, will substitute, complete and / or amend the General Conditions set out herein. The Customer shall be subject to the General Conditions in force at the time of ordering. Its temporary effect coincides with the time of exposure, until they are totally or partially modified. The New Terms will apply from the time they are available to the Customer. We recommend that you check on the General Terms periodically as they may be modified. You can check whenever you want the current version of these General Terms on  http://www.ImYourID.com


0.3 In the event of any inconsistency between the terms and conditions expressed in the General Conditions and the Special Conditions will prevail always the agreed terms in this last instrument, respect of those incompatible terms and only in reference to those products subject to these special conditions.

0.4 At I AM ID SOLUTIONS, SL headquarters, there can be found Complaint Forms available to the consumer.


0.5 Any queries, suggestions, complaints or claims regarding to the products online sale can be made through our Customer Service:


E-mail: info@ImYourID.com



1. PARTIES INVOLVED


1.1 It will be considered as "Customer" those individuals that are legally adults  and holders of a National Identity Document (DNI) or Foreign Identification Number (NIE) or legal persons who properly are able to accredit their status and accept these Terms and Conditions which, if any, apply. It is forbidden the purchase of products in the I AM ID SOLUTIONS Online Channel by minors, or for users who do not meet the requirements of the General Conditions.


2. ACCESS AND USE OF THE ONLINE CHANNEL

 
2.1 The access and use of the online channel is open and free of charge, I AM ID SOLUTIONS reserving itself the right to require in the future a compensation for it.

2.2 For the purchase of Products through Online Channel, I AM ID SOLUTIONS will ask the customers to proceed to complete the online form that will show up on the Online Channel following the instructions therein. In this process it shall be provided only true and accurate data, that will always be protected under the Data Protection Law.


2.3   The Online Channel accomplishment of orders on the part of a minor who falsifies the registration information, it will be understood it has been carried out under the monitoring and authorization of the parents, tutors or legal representatives, who will acquire the corresponding responsibility, instead of the minor.


2.4 The use of the Online Channel and / or the purchase of any Products, supposes the Customer's acceptance, without reserves of any kind, of each and every one of the General Conditions and where appropriate, of the Special Conditions, if applicable thereto. If it is chosen to not accept these Terms and Conditions, the Special Conditions and / or, where applicable, the New Conditions, the Customer must desist from accessing and / or using the Online Channel. The provision and use of the Online Channel by the Customer shall be understood, in any case, subject to the Customer' strict compliance of the terms contained in the General Conditions and where appropriate, in the Special Conditions being of application.


3. INFORMATION AND AVAILABILITY OF THE PRODUCTS OFFERED

3.1 The products offered in the Online Channel, together with their essential characteristics and price will be displayed on the screen. Besides the price and before confirming the order, it will show up the total shipping and delivery costs to the customer's home. The different proposals will be properly displayed on the screen. The  Point of Sales  "POS" reserves itself the right to decide at any time, to add to the Online Channel, new products to the already existing ones and offer them to the customers through the mentioned channel, granted, unless otherwise provided, that such new products will be governed by the provisions of the General Conditions in force at the time. POS also reserves itself  the right to withdraw or stop offering at any time, without any notice, any of the products offered in the Online Channel.


3.2 All orders and purchases made through the Online Channel are subject to effective stock availability of the Products.


If any of the goods ordered are not available, the POS will contact the customer to inform about it, allowing the Customer to choose between to receive the order with the available products or to cancel the entire order.



4. PRICES AND SHIPPING COSTS


4.1 Product prices are always displayed in euro currency and include VAT and any other indirect tax applicable, and will be in effect at all times. If I AM SOLUTIONS ID identifies a manifest error in the price of the Goods, the customer will be notified and will have the option of reconfirming their order at the correct price or alternatively, cancel it.


4.2 The product price does not include shipping. These costs are borne by the Customer and will be added to the total amount of the order. The cost of service delivery contracted is determined by the conditions and modalities of the selected service. The Customer will be duly informed of such costs, which shall be broken down accordingly prior to the payment and before confirming the order that finalizes the process.


4.3 The prices shown on the Online Channel apply only to the products offered through the Channel and during the time they are published. I AM ID SOLUTIONS expressly reserves the right to change prices at any time without any notice. However, in any case, the rates indicated in the online channel at the time of placing the order, will always be applied consequently.



5. BUYING PROCESS


5.1 In order to proceed with the purchase of products, you must add the product to be acquired in the Cart, following the directions displayed on the screen, filling-up the order form provided.


5.2 Once the purchase is made, the Customer will be sent, to the email address specified for the purpose,  a confirmation of the purchase made, which will serve as proof and evidence of the transaction "Proof of Purchase", that the Customer shall keep. Furthermore, The Customer may request an invoice to be sent in digital format to the email address provided. The order confirmation and Proof of Purchase will not be an official document suitable to be used as an invoice.


5.3 The purchase shall be understood as made at the POS address.


6. PAYMENT TERMS


6.1 In order to proceed to the payment, the Customer must follow each and every one of the instructions displayed on the corresponding page of the Online Channel. The redemption price of the Products and the shipping costs can only be made through credit cards or debit cards or other payment methods which at any time are indicated in the corresponding page. These means of payment will be subject to validation checks and authorization by the issuer entities.

If the issuer entity fails to authorize the payment, the Customer will not be able to continue with the started purchase procedure and the order will be automatically cancelled, and the sale of the requested Product/s not completed. The charge in the price of Products, the costs of the shipping and delivery, and if any, of the taxes that may be applicable, shall be made at the time of confirming the order.

6.2 As an electronic payment system, I AM ID SOLUTIONS has installed an ecommerce payment gateway. All data provided to I AM ID SOLUTIONS to these effects are encrypted to ensure maximum security thereof. They are host in a secure server certified according to the protocol "Secure Socket Layer". In no case will be stored the data provided by the Customer through the payment gateway, and will be kept while making the purchase, payment is made and until after the withdrawal period is off.



7. COLLECTION AND DELIVERY OF PRODUCTS


7.1 The I AM ID SOLUTIONS Products purchased through the Online Channel will be sent to the postal address indicated on the order form, it may not be corresponding to a P. O. Box  or any public place such as streets, squares, stations, airports or similar.

7.2 The delivery time in the mainland, will take generally between 7 and 15 working days from the order confirmation, in the postal address that is included in the order data, and will not exceed a maximum of 30 days from the confirmation of the purchase, except in cases of force majeure. For shipments outside the Peninsula, the delivery will take, in general, between 7 and 25 working days from the order confirmation, in the postal address that is included in the order data, and will not exceed the 30 days from the confirmation of the purchase, except in cases of force majeure. Proof of Purchase will be sent with the Product or Products.



8. WAIVER OF ORDERS

The Client has the right of withdrawal of the purchase made through the Online Channel, and therefore, if is not satisfied and provided that the nature of the acquired good allows it, he will be able to return back the product within a maximum of seven (7) calendar days counting after the delivery of the order at the specified address.


The return of the Product can be made through the Customer Service, which will indicate the steps to follow.


The refund of the purchase cost, where applicable, will be made through the same method with which the Product was purchased, discounting the costs of transport and return to be borne by the customer.


Those cases in which the cause of return is for reasons solely attributable to the customer are excluded from the right to withdraw.


In any case, for the purposes of exercising the right of withdrawal, it is imperative that the products are in perfect condition. Products must be returned in their original packaging together with the invoice. Before returning the product, the Customer must ensure that it is properly protected and sealed so that will not be damaged during transport.


If the product itself is defective, I AM ID SOLUTIONS will take responsibility and whenever possible will replace the product at no cost to the Customer. In the event that for reasons of availability could not provide a replacement product, it will take place a full refund of the purchase.



9. WARRANTIES


When the product or products purchased present a lack of conformity for not corresponding with the features offered, have defects that prevent the normal use according to their nature, or may not provide the benefits described, the Customer is entitled to the acquired Good sanitation within two years from the purchase, always under the conditions and evidences covered by the Revised Text of the General Law for the Defense of the Consumers and Users, without prejudice to the right of I AM ID SOLUTIONS to check the veracity of the defect, its origin and the time of occurrence. In any event, the Customer should contact the Customer Service within a maximum period of two months from the finding of the defect and inform of the nature of the problem, the occurring time and the conditions of its happening. Also, the Customer has the right to the sanitation of the Good by following the rules of the Article 118 and following of the Revised Text of the General Law for the Defense of Consumers and Users. In any case it will be applied the in force laws that on guaranteed sales of consumer goods establishes the applicable legislation.

 


10.  POST-SALES SERVICE AND WAIVER OF LIABILITY


I AM ID SOLUTIONS cannot guarantee the technical continuity of the Online Channel, neither the absence of failures or interruptions of service, nor that the Online Channel is available or accessible a hundred percent of the time. I AM ID SOLUTIONS cannot guarantee the absence of viruses or other harmful components in the Online Channel or the server from which it is supplied.


11. PERSONAL DATA PROCESSING

  
All the information provided during the contracting process will be stored by I AM ID SOLUTIONS, SL, in its capacity as manager of the Online Channel, and while in charge of processing the order's data on behalf of the POS. The data collected will be given to the transport and logistics company in charge of effecting the delivery of the item purchased via the www.ImYourID.com website and to any other operator involved in the purchase and delivery process, with the only scope of fulfilling the object of the contract with the customer and the relationship derived from itself. The personal data processing by I AM ID Solutions and any other information needed for the access and use of the Online Channel, will be governed by the provisions of the website Privacy Policy at http://www.ImYourID. com.


12. GENERAL ISSUES


These conditions have been exposed in due time, in accordance with the current legislation. Also, I AM ID SOLUTIONS provides these Terms of Purchase at Customer's disposal, so they can be stored and reproduced, thus complying with the legal duty of prior information.


I AM ID SOLUTIONS reserves itself the right to modify at any time and without any notice, the presentation and layout of the Online Channel, its functionality and / or the contents therein incorporated. So, it is expressly agreed that at any time I AM ID SOLUTIONS may interrupt, deactivate and / or cancel the access and / or use of the Online Channel, without any liability for I AM ID SOLUTIONS.


In the event that any provision or provisions of these Terms of Purchase be considered void or unenforceable, in whole or in part by any Court, Tribunal or administrative body, the nullity will not affect the remaining provisions. In this case, the clause or clauses affected shall be replaced by another that have the more similar effects to those replaced.



13. ENFORCEABLE LAW AND COMPETENT JURISDICTION.


The Web Site is operated and controlled by I  AM ID SOLUTIONS from their offices in Spain. Consequently, all the questions that might derive from the access and/or use of it will be regulated and interpreted in accordance with the Spanish legislation. In the case that the user has its residence out of Spain, I AM ID SOLUTIONS and the user are submitted, with express renunciation to any other jurisdiction, to the competent Courts and Tribunals of the Kingdom of Spain.

These Terms have been prepared in accordance with the provisions of Law 34/2002, of services of the information society and electronic commerce, the Law 7/1998 on General Contracting Conditions, the  Royal Decree 1906/1999 where it is regulated the telephone and electronic contracting with general conditions in the development of Article 5.3 of the Law 7/1998, Royal Decree 1/2007 of 16 of November, where it is approved the revised text of the General Law of Defense of Consumers and Customers and other complementary laws, the Law 7/1996 of the Retail Trade, Royal Decree-Law 14/1999 regulating the electronic signature and how many laws are of application.

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