Terms & Conditions

GENERAL TERMS AND CONDITIONS OF CONTRACT

Introduction

This contractual document will govern the General Terms and Conditions of service contracting (hereinafter, “Terms”) through the website unirent.es, owned by UNIART, SA under the commercial brand of UNIRENT, hereinafter, PROVIDER, whose contact details are also listed in the Legal Notice of this Website.

These Terms will remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER’s responsibility to read them periodically, as those in force at the time of placing orders will apply.

Contracts will not be subject to any formality except for cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

  • Has read, understands, and comprehends what is stated here.
  • Is a person with sufficient capacity to contract.
  • Assumes all obligations set forth herein.

These conditions will have an indefinite validity period and will apply to all contracts made through the PROVIDER’s website.

The PROVIDER informs that the trade is responsible and aware of current legislation, and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions that were implemented prior to the modification.

Identity of the contracting parties

On one hand, the PROVIDER of the services contracted by the USER is UNIART, SA, with registered office at Pasaje Sa Font De Luna, 07840 Santa Eulalia del Riu, NIF A07131451, and customer/USER service telephone number 971 33 95 16.

And on the other hand, the USER, registered on the website using a username and password, for which they have full responsibility for use and custody, and is responsible for the truthfulness of the personal data provided to the PROVIDER.

Object of the contract

This contract aims to regulate the contractual relationship of sale established between the PROVIDER and the USER at the moment the latter accepts the corresponding box during the online contracting process.

The contractual sales relationship involves the delivery, in exchange for a specific price publicly displayed on the website, of a specific service.

Correction of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify it to the email escana@unirent.es so that UNIART, SA corrects them as soon as possible.

The USER can keep their data updated by accessing their user account.

Contracting procedure

The USER, to access the services offered by the PROVIDER, must be of legal age and register on the website by creating a user account. Therefore, the USER must provide, freely and voluntarily, the personal data requested, which will be processed in accordance with Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of individuals with regard to the processing of personal data and the free movement of these data, and Organic Law 3/2018, of December 5 (LOPDGDD), on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or the possible access by an unauthorized third party, so that the PROVIDER proceeds to immediate blocking.

Once the user account has been created, it is reported that, in accordance with the requirements of Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

  1. General contracting clauses.
    2. Service activation.
    3. Right of withdrawal.
    4. Claims and online dispute resolution.
    5. Force majeure.
    6. Competence.
    7. Offer specifics.
    8. Price and validity period of the offer.
    9. Shipping costs.
    10. Payment method, expenses, and discounts.
    11. Purchase process.
    12. Dissociation and suspension or termination of the contract.
    13. Guarantees and returns.
    14. Applicable law and jurisdiction.
  1. GENERAL CONTRACTING CLAUSES

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

  1. SERVICE ACTIVATION

The PROVIDER will not activate any service until it has verified that payment has been made.

Since the order does not involve the physical delivery of any product, with the contracted services being downloaded or activated directly from the Website, the PROVIDER will inform the USER in advance about the procedure to follow for this download or activation.

Failure to execute the distance contract

In the case of the provision of a service, it will be available from the moment the USER has made the payment for it and can be downloaded or activated according to the PROVIDER’s conditions.

If the contracting does not involve the physical delivery of any product, but a download activation on a website, the PROVIDER will inform the USER in advance about the procedure to follow for this download.

If unable to execute the contract because the contracted service is not available within the stipulated period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a full refund of the amount paid without any cost, without any liability for damages attributable to the PROVIDER.

In case of unjustified delay by the PROVIDER in refunding the full amount, the USER may claim to be paid twice the amount owed, without prejudice to their right to be indemnified for damages suffered exceeding said amount.

The PROVIDER will not assume any responsibility when the download or activation of the service does not take place, due to the data provided by the USER being false, inaccurate, or incomplete.

The provision of the service will be considered completed at the moment the USER has downloaded or activated the service.

  1. RIGHT OF WITHDRAWAL

Withdrawal form: https://unirent.es/formulario-solicitud-desistimiento.pdf

The USER has a period of fourteen natural days, counted from the date of receipt of the product or from the conclusion of the purchase agreement if it were a provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RLD 1/2007. If the PROVIDER does not comply with the duty of information and documentation regarding the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RLD 1/2007.

The right of withdrawal will not apply to contracts referred to and listed in article 103 of RLD 1/2007, and which are related here.

Any return must be communicated to the PROVIDER, requesting a return number through the form provided for this purpose, or by email to escana@unirent.es, indicating the corresponding invoice or order number.

Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with transport costs at their expense, to the address of UNIART, SA, Pasaje Sa Font De Luna, 07840 Santa Eulalia del Riu.

  1. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any complaint that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:

Postal: UNIART, SA, Pasaje Sa Font De Luna, 07840 Santa Eulalia del Riu
Phone: 971 33 95 16
E-mail: escana@unirent.es

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

  1. FORCE MAJEURE

The parties will not incur liability for any failure due to force majeure. The fulfillment of the obligation will be delayed until the force majeure event ceases.

COVID-19: If due to mobility restrictions or other reasons related to the rules consolidated in the COVID-19 code, the USER cannot receive the service, the full amount of the registration will be refunded or they will have the option to use their reservation until ……………… or a new date proposed by the PROVIDER.

  1. COMPETENCE

The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale.

If any provision of these conditions is considered null or unenforceable, the validity, legality, and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, understood, and accepted these Conditions in their entirety.

  1. GENERAL TERMS OF THE OFFER

All sales made by the PROVIDER are understood to be subject to these Conditions.

No modification, alteration, or agreement contrary to the Commercial Proposal of UNIART, SA or to what is stipulated here will have effect, unless expressly agreed in writing and signed by the PROVIDER, in this case, these specific agreements will prevail.

Given the continuous technical advances and improvements in services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications will also be valid in case, for any reason, the possibility of supplying the offered services is affected.

  1. PRICE AND VALIDITY PERIOD 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 or communication costs, handling, packaging, shipping insurance, or any other additional services related to the purchased service.

The prices applicable to each service are those published on the website and will be expressed in EURO currency. The USER acknowledges that the economic valuation of some services may vary in real-time.

Before making the purchase, you can check online all the details of the budget: services, quantities, price, availability, charges, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed.

Once the order is placed, prices will remain unchanged whether the service is available or not.

Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the business name that they have provided at the time of placing the order. This invoice will be sent in paper format along with the purchased product, as well as in PDF to the email address provided by the USER, provided they have given their express consent to do so, informing them that they can revoke this consent at any time by notifying the PROVIDER through any of the means made available to them.

Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the business name that they have provided at the time of placing the order. This invoice will be delivered in paper format at the time of providing the service. The invoice can be downloaded in PDF format by accessing the website’s management panel with the user account. If you want to receive it by email, you must request it through any of the means that the PROVIDER makes available to you, informing you that you can revoke this decision at any time.

For any information regarding the order, the USER can contact the PROVIDER’s customer service phone at 971 33 95 16 or via email at escana@unirent.es.

  1. SHIPPING COSTS

There are no shipping costs.

  1. PAYMENT METHODS, CHARGES, AND DISCOUNTS

The PROVIDER is responsible for financial transactions and offers the following methods to make a payment for an order:

  • Credit Card VISA / MASTERCARD

The USER can use a discount coupon prior to completing the purchase if received from the PROVIDER.

Security Measures

The website employs generally accepted information security techniques in 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 agrees that the PROVIDER obtains data for the corresponding authentication of access controls.

The PROVIDER commits to not allow any transaction that is or is considered illegal by credit card brands or the acquiring bank, which could or has the potential to harm their goodwill or negatively influence them.

The following activities are prohibited under the card brands’ programs: selling or offering a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, or Cardholder.

  1. PURCHASING PROCESS

Cart (budget simulation)

Any service from our catalog can be added to the cart. Here, only the selected services, quantity, price, and total amount will be observed. Once the cart is saved, taxes, charges, and discounts will be calculated based on the entered data.

Carts have no administrative link, they are merely a section where a budget can be simulated without any commitment from both parties.

From the cart, an order can be placed following the steps below for proper formalization:

  1. – Verification of billing data.
    2. – Verification of service provision method (download, activation…).
    3. – Selection of payment method.
    4. – Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the order placement.

Orders (purchase requests)

Within a maximum of 24 hours, on business days, an email will be sent to the USER confirming the order status and the approximate download and/or activation date.

  1. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are deemed illegal, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

UNIRENT may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitations, when the USER fails to comply with or follow any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice, or usage policies.

When UNIRENT exercises any of its rights or faculties under this Clause, such exercise shall not prejudice or affect the exercise of any other right, faculty, or remedy available to UNIRENT.

  1. WARRANTIES AND RETURNS

Warranties will comply with what is regulated in the Title referred to as “Warranties and After-sales Services” of the Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, which can be accessed by clicking here.

If this section is to be personalized, it must be verified that the wording complies with what is regulated in the “WARRANTIES AND AFTER-SALES SERVICES” title of RD Legislative 1/2007.

  1. APPLICABLE LAW AND JURISDICTIONThese conditions will be governed or interpreted according to Spanish legislation in what is not expressly established. Any controversy that may arise from the provision of the products or services subject to these Conditions will be submitted to the courts and tribunals of the USER’s domicile, the place of performance of the obligation, or where the property is located if it were real estate.

Information about COMPLAINT FORMS

Information about Complaint Forms in the general terms and conditions of contract

Professionals or companies engaged in distance selling, such as e-commerce among others, that do not have establishments or premises open to the public but operate within certain autonomous communities, must have complaint forms available and are required to inform consumers about their existence and how to access them.

Although we recommend checking the regulations of each Autonomous Community in this regard, you can consult the legislation on Complaint Forms by Autonomous Communities on the following link from the Ministry of Consumer Affairs website:

www.consumo.gob.es/en/consumo/complaint-forms

Therefore, we recommend that E-COMMERCE platforms whose owners operate in any of these Autonomous Communities that require informing about the availability of Complaint Forms to users or consumers include this information in section 4 of the complaint forms in the general terms and conditions of contract. An example of how to fulfill this obligation could be as follows:

“4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

UNIART, SA informs that it has Complaint Forms available to users or consumers who request them. They can access them by requesting them through any of the contact details provided below; even if it is not through a Complaint Form, any complaint that the user or consumer deems appropriate will be addressed as soon as possible, at any of the following contact details of UNIART, SA: