TERMS AND CONDITIONS OF USE, CONTRACTING AND DATA PROTECTION
Mandatory
1. PLATFORM OWNER IDENTIFICATION
In compliance with Law 34/2002, on Information Society Services and Electronic Commerce (LSSI-CE), the following information is provided:
Owner: [ACUBAMOS TOURS LLC]
Tax ID/VAT Number: [Z2419254G]
Registered Office: [●]
Email: [manager.esp@acubamos.net]
Telephone: [+34 607537362]
Hereinafter, “the Platform”.
2. PURPOSE AND SCOPE
The Platform acts as: A direct seller of physical products and/or digital services, and/or a technology intermediary (Marketplace) that facilitates transactions between Clients and third-party Sellers. These Terms govern access to, use of, and transactions carried out through the Platform within Spanish territory.
3. ACCESS AND USE CONDITIONS OF THE PLATFORM
3.1 User and Customer Status
Browsing the platform confers User status. Making purchases or contracting services confers Customer status.
3.2 User/Customer Obligations
The User agrees to:
Provide truthful and up-to-date information.
Refrain from fraudulent or illegal use.
Respect the rights of third parties and the Platform.
Refrain from manipulating prices, payment processes, or security systems.
4. CONTRACTING PROCESS
4.1 Physical Products
Includes tangible goods shipped to the address provided by the Customer.
4.2 Digital Services
Include, among others:
Downloadable content
Usage licenses
Subscriptions
Digital access
Access may be immediate upon payment confirmation.
4.3 Marketplace
When the purchase is made from a third-party seller:
The contract is directly between the Customer and the Seller.
The Platform acts as an intermediary and technology provider.
The Seller is responsible for the product, invoicing, warranties, and legal compliance.
5. PRICES, PAYMENTS, AND INVOICING
Prices are expressed in euros (€), including taxes unless otherwise indicated.
Payment methods enabled on the Platform.
Electronic invoices are available upon request or download.
6. RIGHT OF WITHDRAWAL AND EXCEPTIONS
6.1 Physical Products
The Customer has 14 calendar days from receipt to withdraw from the purchase, except for products excluded by law (hygiene products, personalized items, etc.).
6.2 Digital Services
The right of withdrawal will not apply when:
Performance has begun with express consent.
The digital content has been downloaded or activated.
7. RETURNS AND REFUNDS PROCEDURE
7.1 Request
Requests must be made via:
Web form
User area
7.2 Conditions
The product must be returned in perfect condition. Return shipping costs are the responsibility of the Customer, except in cases of defects or errors attributable to the Platform or Seller.
7.3 Refund
Refunds will be issued within a maximum of 14 calendar days, using the same payment method.
8. BANK FEES, REFUNDS, AND CHARGEBACKS
In the event of refunds, cancellations, or bank disputes, the following fees may apply:
Bank refund fee: €10 – €30
Chargeback penalty: €15 – €50
Administrative fees: depending on the payment provider
When the refund is attributable to the Customer or is an unjustified bank claim, these fees may be deducted from the refund amount, in accordance with current regulations.
9. COMPLAINTS AND CUSTOMER SUPPORT
9.1 Submission
Complaints may be submitted through the contact methods indicated.
9.2 Response times
Acknowledgment of receipt: 5 business days
Resolution: 30 calendar days
10. OBLIGATIONS OF THE PLATFORM ADMINISTRATORS
The administrators agree to:
Guarantee the operability and security of the Platform.
Handle claims diligently.
Cooperate with competent authorities when required.
Implement appropriate technical and organizational measures.
11. PERSONAL DATA PROTECTION (GDPR – LOPDGDD)
11.1 Data Controller
Controller: [Mr. Carlos Sosa Pupo
Contact: manager.esp@acubamos.net
11.2 Data Processed
Identification
Contact Information
Payment Information
Purchase History
IP Address and Browsing History
11.3 Purpose
User and Customer Management
Order and Payment Processing
Customer Service and Complaints
Legal Compliance
Commercial Communications (with consent)
11.4 Legal Basis
Performance of a Contract
Consent of the Data Subject
Compliance with Legal Obligations
Legitimate Interest
11.5 Retention
Data will be retained for the duration of the contractual relationship and subsequently for the legally required periods.
11.6 Data Transfer
Data may be transferred to:
Banks and Payment Gateways
Logistics Providers
Third-Party Sellers (in the case of marketplaces)
Public Authorities when required
12. USER RIGHTS
The User may exercise the following rights:
Access
Rectification
Erasure
Objection
Restriction of Processing
Data Portability
By sending a request to: [EMAIL]
The User may also file a complaint with the Spanish Data Protection Agency (AEPD).
13. SECURITY MEASURES
The Platform applies appropriate technical and organizational measures to guarantee the confidentiality, integrity, and availability of personal data.
14. MODIFICATIONS TO THE TERMS
The Platform reserves the right to modify these Terms, publishing the updated versions on the website.
15. APPLICABLE LAW AND JURISDICTION
These Terms are governed by Spanish law.
The parties submit to the jurisdiction of the Courts of the consumer's domicile, where applicable.