Terms and Conditions
The ownership of this website, HTTPS://WWW.MYNAPARROT.COM, (hereinafter Website) is held by:
- Company name: MYNAPARROT SL
- Tax Identification Code: B67681619
- Registered office: C/ MATILDE DÍEZ, 11 - A, 28002, MADRID, SPAIN
- Data of registration in the Mercantile Registry of Madrid: REGISTRO MERCANTIL DE MADRID
This document (as well as all other related documents) will regulate the conditions governing the use of this Website HTTPS://WWW.MYNAPARROT.COM/ and the purchase or acquisition of products and/or services (such terminology includes the reservations and services offered) offered on it (hereinafter, Conditions).The aforementioned Conditions are included in the activity carried out by MYNAPARROT SL on the Website, which are:
- Software service
- Meeting software for online training actions
These Conditions may be modified. In any case, the User is responsible for checking them each time they access, browse or use the Website, and those in force at any given time will apply when they request any of the products and/or services offered. Likewise, despite the aforementioned responsibility, when these conditions are modified, the user will be duly informed. If the User has any doubts about the Conditions, they may contact MYNAPARROT SL, through any of the channels provided at the top.
2.- THE USER.
The browsing, access and use of the Website, confers the condition of user/s, so that they accept, from the start of the corresponding navigation within the Website all the Conditions established in this document, as well as subsequent modifications that may occur. All of this without prejudice to the application of the corresponding legal regulations in each case.
The User assumes their responsibility for the correct use of this Website. This responsibility includes:
- Use the Website only to make legal and valid inquiries, purchases and/or acquisitions.
- Not to make any kind of false or fraudulent purchase and/or acquisition. If the purchase can be qualified as such, it will be cancelled and the competent authorities will be informed.
- The contact details provided will be truthful and legal.
In any case, the User declares to be over eighteen (18) years old and to have full legal capacity to enter into contracts through this Website. If the User is not over eighteen (18) years old or a minor and has the consent of their parent/mother or legal guardian, the User may not make any purchase or contract for products and/or services offered on this Website. The owner of the Website is not responsible for the acts committed by the minor or incapable person in fraud of the law.
The Website is primarily aimed at Users residing in Spain. Therefore, MYNAPARROT SL, does not assume responsibility for the Website to comply, in whole or in part, with legislation from other countries. Nor does it guarantee the provision of services or deliveries outside of Spain.
The User, at their choice, may enter into a purchase contract for the products and/or services they desire with MYNAPARROT SL in any of the languages in which these Conditions are established on this Website.
3.- PURCHASE PROCESS.
Users duly registered can buy on the Website by the means and ways established. They must follow the online purchase and/or acquisition procedure of HTTPS://WWW.MYNAPARROT.COM, during which various services or training packages can be selected and added to the cart, basket or final purchase space, so that, finally, click on: CHECK OUT
Also, the User must fill in, complete and check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that MYNAPARROT SL, has received their order or purchase request and/or provision of service, this message being the confirmation of the order. If applicable, the User will also be informed, by email, when their purchase is being shipped. If applicable, this information may be made available to the User through their personal connection space on the Website.
Once the purchase procedure has been concluded, the User consents to the Website generating an electronic invoice which will be sent to the User by email and/or through their personal connection space on the Website. Also, the User can, if they wish, obtain a paper copy of their invoice, by requesting it from MYNAPARROT SL, using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are displayed next to the service or, if applicable, image on this Website. As an example (in no case exhaustive) according to the case:
- Spaces and/or places.
- Product details.
- Product characteristics.
- How the service is carried out.
- Cost of the service and/or product.
And acknowledges that the making of the purchase order implies full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments involved in the transactions made on the Website may be archived and kept in the computerized records of MYNAPARROT SL, in order to constitute a means of proof of the transactions, respecting the reasonable conditions of security, laws and regulations in force that are applicable (in particular, the GDPR and LSSI-CE).
All purchase orders received by MYNAPARROT SL, through the Website, are subject to the availability of the products and/or that no circumstances or causes of force majeure (clause nine of these Conditions) affect the supply of the same and/or the provision of the services. If difficulties arise in terms of availability, MYNAPARROT SL, commits to contact the User and refund any amount that may have been paid in terms of amount. This will also apply in cases where the provision of a service becomes unfeasible.
5.- PAYMENT METHOD AND PRICES.
The prices displayed on the Website are the final ones, in euros (€) and dollars (USD) and do not include taxes, unless by legal requirement, especially with regard to VAT, or the corresponding tax, it is indicated differently.
In no case will the Website automatically add additional costs to the price of a product or a service, but only those that the User has selected and chosen freely and voluntarily. Even so, prices may change at any time, but any possible changes will not affect orders or purchases with respect to Users who have already received a confirmation of order.
In reference to payment methods, these will be: credit or debit card, and payment through PayPal account.
Credit cards will be subject to checks and authorizations by the issuing banking entities. If such an entity does not authorize the payment, MYNAPARROT SL, will not be responsible for any delay or failure in delivery and will not be able to formalize any contract with the User.
Once MYNAPARROT SL, receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the time when the User is sent the shipping confirmation and/or confirmation of the service being provided in the form and, if applicable, place established. In any case, the User confirms that the payment method is theirs and/or they are the legitimate holder of a gift card or subscription.
Through the payment method, the User must ensure that they enter the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, MYNAPARROT SL, will not be able to validate the order, which will therefore be cancelled.
Unless it is an intangible product, such delivery cannot be physical. Therefore, it will be considered carried out through the sales confirmation email sent by MYNAPARROT SL, or with the enjoyment of the services or training program contracted.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at any time depending on the specific item in question.
7.- TECHNICAL MEANS TO CORRECT ERRORS.
The User is informed that in case they detect an error in entering necessary data to process their purchase request on the Website, they can modify them by contacting MYNAPARROT SL, through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information).
In any case, the User, before clicking on FINALIZE PURCHASE, has access to the space, cart, or basket where their purchase requests are noted and can make modifications. Similarly, the User is referred to consult the Legal Notice and General Conditions of Use to gather more information on how to exercise their right of rectification as established in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter GDPR), as well as Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (hereinafter LOPD - GDD).
In cases where the User acquires products on or through the owner's Website, they are entitled to a series of rights, as listed and described below:
- Right of Withdrawal: the User is informed that, as provided in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the user has a period of 14 calendar days in electronic or distance purchase processes to withdraw without reason or cost, however there are cases where the Right of Withdrawal is excepted. Specifically, in the cases that concern us in relation to the services offered by MYNAPARROT SL: The provision of services, once the service has been fully executed, when the execution has begun, with prior express consent of the consumer and user and with the recognition by them that they are aware that, once the contract has been fully executed by the businessman, they will have lost their right of withdrawal.
- Guarantees: The User, as a consumer and user, enjoys guarantees on the products that they can acquire through this Website, in the legally established terms for each type of product and/or service, responding MYNAPARROT SL.In this sense, it is understood that the products and/or services are in accordance with the contract as long as: they conform to the description made by MYNAPARROT SL, and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily destined; and present the quality and performance usual of a product of the same type and that are fundamentally expected from it.In any case, the guarantee offered by MYNAPARROT SL complies with European regulations establishing it for a period of two years, without prejudice to the guarantee that the manufacturer may offer, in which case and after the mentioned two years, the User should contact the latter. In any case, there are limitations to the guarantee and in each specific case, the provisions of Directive (EU) 2019/771 of the European Parliament and of the Council, of May 20, 2019, on certain aspects related to contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC; as well as to the provisions of Directive (EU) 2019/770 of the European Parliament and of the Council, of May 20, 2019, on certain aspects of contracts for the supply of digital content and services.
- Return costs: The USER will assume the costs arising from the return. MYNAPARROT SL will refund the amount paid for the product, but it will be the USER who assumes the cost of returning the product, unless they themselves deliver the product to the facilities of MYNAPARROT SL. The return of money will only be refunded if the USER exercises their right of withdrawal within 14 calendar days from the making of the order and delivery or returns the product within that period.
9.- EXEMPTION FROM LIABILITY.
Unless otherwise provided by law, MYNAPARROT SL will not accept any liability for the following losses, regardless of their origin:
- Any losses that were not attributable to any breach on its part.
- Business losses (including loss of profit, income, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred).
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalized.
Likewise, MYNAPARROT SL also limits its liability in the following cases:
- MYNAPARROT SL applies all measures to provide a faithful display of the product on the Website, however it is not responsible for the minimal differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser being used or other of this nature.
- Technical failures that due to fortuitous causes or other, prevent a normal functioning of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. MYNAPARROT SL puts all means at its disposal to carry out the process of purchase, payment, and shipping/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous case or force majeure.
- In general, MYNAPARROT SL will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, they are due to force majeure, and this may include, by way of illustration but not limitation:
- Strikes, lockouts, or other claim measures.
- Civil commotion, riot, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Impossibility of use of trains, boats, planes, motor transport, or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the force majeure continues, and MYNAPARROT SL will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure. MYNAPARROT SL will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
10.- WRITTEN COMMUNICATION AND NOTIFICATIONS.
By using this Website, the User agrees that most of the communications with MYNAPARROT SL are electronic (email or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that MYNAPARROT SL sends electronically meet the legal requirements to be in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with MYNAPARROT SL through the contact details provided in these Conditions and, where appropriate, through the contact spaces of the Website.
Similarly, unless otherwise stipulated, MYNAPARROT SL can contact and/or notify the User at his/her email or the postal address provided.
No waiver by MYNAPARROT SL of a specific right or legal action or lack of requirement by MYNAPARROT SL for the User to strictly comply with any of his/her obligations will imply, neither a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from fulfilling his/her obligations.
No waiver by MYNAPARROT SL of any of these Conditions or rights or actions derived from a contract will take effect unless it is expressly stated that it is a waiver and it is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, unaffected by such a declaration of nullity.
13.- COMPLETE AGREEMENT.
These Conditions and any document expressly referred to in them constitute the entire agreement existing between the User and MYNAPARROT SL in relation to the object of purchase and replace any other pact, agreement, or previous promise agreed verbally or in writing by the same parties.
The User and MYNAPARROT SL acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except what is expressly mentioned in these Conditions.
14.- DATA PROTECTION.
The personal information or data that the User provides to MYNAPARROT SL during a transaction on the Website will be treated in accordance with the data Privacy Policies that are available to the User at HTTPS://WWW.MYNAPARROT.COM, in the corresponding section. By accessing, browsing and/or using the Website, the User consents to the treatment of such information and data and declares that all the information or data provided are true.
15.- APPLICABLE LEGISLATION AND JURISDICTION.
Access, navigation, and/or use of this Website and the purchase contracts of products through it will be governed by Spanish legislation.
Any controversy, problem, or disagreement that arises or is related to the access, navigation, and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sale contracts between MYNAPARROT SL and the User, will be subjected to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16.- COMPLAINTS AND CLAIMS.
The User can send to MYNAPARROT SL their complaints, claims or any other comment they wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, MYNAPARROT SL has official complaint forms available to consumers and users, which they can request from MYNAPARROT SL at any time, using the contact details provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from this purchase contract between MYNAPARROT SL and the User, the User as a consumer can request an out-of-court dispute resolution, in accordance with Regulation EU No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters. You can access this method through the website: http://ec.europa.eu/consumers/odr/.