GENERAL CONTRACTING TERMS AND CONDITIONS

Introduction
This contractual document will govern the General Conditions for contracting services (hereinafter, «Conditions») through the website mp4remix.com/index.php, owned by CARLOS JAVIER AVILA BARRIOS under the trademark MP4REMIX, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions will remain published on the website at the disposal of the USER to reproduce them and keep them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable.

The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
Has read and understood the above.
Is a person with sufficient capacity to enter into contract.
Assumes all the obligations set forth herein
These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.
The PROVIDER informs that the business is liable and understands the current laws and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions implemented prior to the modification.

Identity of the contracting parties

On one part, the PROVIDER of the services contracted by the USER, CARLOS JAVIER AVILA BARRIOS, whose registered address is at C/LEON FELIPE 42 , 04738 VICAR (ALMERÍA), TIN 54312863L and telephone number for customer/USER service 610098758.

And on the other part, the USER, registered on the website by means of a user name and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.
The contractual trade relationship involves the delivery of a specific service, in exchange for a certain price which is publicly displayed on the website.

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify MP4REMIX@GMAIL.COM so that CARLOS JAVIER AVILA BARRIOS can correct them as soon as possible.
The USER will be able to keep his/her data updated by accessing his/her user account.

Contracting procedure

The USER, in order to access the services offered by the PROVIDER, must be an adult and register on the website by creating a user account. For this reason, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of individuals 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 as detailed in the Legal Notice and Privacy Policy found on this website.

The USER selects a user name and password, committing to use them diligently and to not make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to immediately block them.

Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:
1. General contracting clauses.
2. Activation of services.
3. Right of withdrawal.
4. Online claims and dispute resolution.
5. Force majeure.
6. Competency.
7. General information of the offer.
8. Price and period of validity of the offer.
9. Shipping costs.
10. Payment methods, charges and discounts.
11. Purchase process.
12. Suspension or termination of the contract.
13. Guarantees and refunds.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATION OF SERVICES

The PROVIDER will not activate any service until it has been verified that payment has been made.
As the order does not involve the physical delivery of any product, but rather a service downloaded or activated directly from the website, the PROVIDER will inform the USER in advance on the steps to take to perform this download or activation.

Failure to carry out the remote contract

In the case of the provision of a service, it will be available from the moment the USER has paid for it and will be downloadable or activated according to the conditions of the PROVIDER.
In the event that the contract does not involve the physical delivery of a product, but a download activation on a website, the PROVIDER will inform the USER in advance of the procedure to be followed in order to download the product.
In the event of not being able to execute the contract because the contracted service is not available on time, the USER 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 at no cost, and without any liability for damages attributable to the PROVIDER.

In the event of unjustified delay by the PROVIDER with respect to the refund of the total amount, the USER may claim payment of double the amount due, without prejudice to their right to be compensated for damages suffered beyond that amount.
The PROVIDER will not accept any liability if the download or the activation of the service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.
The service will be considered as provided when the USER has downloaded or activated it.

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://mp4remix.com/index.php /form-application-withdrawal-form.pdf

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it is for the provision of a service, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.

This right may not be applicable in accordance with Article 103 of said regulations in the following cases:
1. If the service is not completely executed or, in the case of a product, is not sealed after delivery.
2. If the service involves the download or activation of digital content that is not provided on a material support when the execution has already begun.

Any return of the service must be communicated to the PROVIDER by requesting a withdrawal form or by downloading it from the link provided in the previous section.
For any complaints, contact: MP4REMIX@GMAIL.COM

4. ONLINE CLAIMS AND DISPUTE RESOLUTION

Any complaints that the USER deems appropriate should be addressed to MP4REMIX@GMAIL.COM and will be attended to as soon as possible, and in any case within a maximum period of one month from the date of the claim being submitted.

Online Dispute Resolution (ODR) in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides a free access platform for the out-of-court resolution of online disputes between the USER and the PROVIDER, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between them, eliminating the need to resort to a court of law. This is a neutral body which will mediate to reach a compromise solution, which may finally be suggested and/or imposed by the parties.
Link to the ODR platform: https://ec.europa.eu/consumers/odr

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. The performance of the obligation will be delayed until the cessation of the case of force majeure.

6. COMPETENCY

The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted.
If any stipulation 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 suffer any modification in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
General information of the offer: All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.

7. GENERAL INFORMATION OF THE OFFER

All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Offer of MP4REMIX or to the stipulations herein shall take effect, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements shall prevail.
Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, provided that it does not affect the value of the products offered. These modifications shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each service include Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product or service purchased.

The prices applicable to each service are those published on the website and will be expressed in the currency EURO (€).
The USER assumes that the economic valuation of some of the services may vary in real time.
Before finalizing the purchase, you will be able to check all the details of the order: services, quantities, price, availability, and charges and discounts, as well as the total purchase price.
Once the purchase order has been placed, the prices will be respected whether the service is available or not.
Any payment made to the PROVIDER will entail the issuance of an invoice in the name of the registered USER or the company name that he/she 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.

9. SHIPPING COSTS

There are no shipping costs as the services are provided online and no physical products are sent.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and enables the following ways to pay for an order:
Credit card (Stripe) and PayPal

Security measures: The website uses generally accepted information security techniques within the industry, such as SSL, data entered on a secure page, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, to have the potential to damage their goodwill or influence them negatively. The following activities are prohibited under the card brands' programs: the sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, Cardholder, or cards.
The sale of illegal products, etc.

11. PURCHASE PROCESS

Basket (simulation of budget)
Any service from our catalog can be added to the basket. The basket will show only the services, quantity, price, and total amount. Once the basket is saved, the taxes, charges, and discounts will be calculated according to the payment details entered.

The baskets have no administrative link, they are only a section where a budget can be simulated without any commitment by both parties.
From the basket, you can place an order by following the steps below for the correct formalization:
1. – Check the billing details.
2. – Check the method of delivery.
3. – Select the payment method.
4. – Accept the general conditions of sale.
5. – Click on: “Pay”.

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the completion of the order.

Orders (purchase requests)
Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.

12. SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are found to be unlawful, void or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

13. GUARANTEES AND REFUNDS

The guarantees will respond to the following articles based on the Law 23/2003 of July 10 of Guarantees for the sale of consumer goods:
Article 114. General principles.
The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, responding to him of any lack of conformity.
Article 116. Repair and replacement of the product.
If the product is not in accordance with the contract, the consumer may choose between demanding the repair or replacement of the product, unless one of these options is impossible or disproportionate. From the moment the consumer informs the seller of the option chosen, both parties must abide by it. This decision of the consumer is understood without prejudice to the provisions of Article 120 and 123 of this Law.
Article 117. Price reduction and termination of the contract.
The reduction of the price and the termination of the contract will proceed, at the consumer's choice, when the latter cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable period or without major inconvenience to the consumer. The decision shall not proceed when the lack of conformity is of minor importance.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed or interpreted in accordance with Spanish law in matters not expressly established.
The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the services or products subject to these Conditions to the Courts and Tribunals of the USER’s domicile.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the city of BARCELONA (Spain).