Introduction

This contractual document shall govern the General Conditions for contracting services (hereinafter, “Conditions”) through the website yvium.es/, owned by FUNDACIÓN PROCONSI under the trademark YVIUM, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Conditions 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 responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.

Contracts shall not be subject to any formality with the exception of the 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 set out herein.
Is a person with sufficient capacity to contract.
Assumes all the obligations set forth herein.

These conditions will be valid for an indefinite period of time and will be applicable to all contracts made through the PROVIDER’s website.

The PROVIDER informs that the merchant is responsible and aware of the legislation in force, 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 the one hand, the PROVIDER of the services contracted by the USER is FUNDACIÓN PROCONSI, with registered office at Parque Tecnológico de León, C/Andrés Suárez, 5 – 24009 (León), NIF G24679979 and customer/USER service telephone number 902214010.

On the other hand, the USER, registered on the website with a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.

The contractual relationship entails the provision, in exchange for a determined price and publicly displayed on the website, of a subscription service and the obtaining of tickets.

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 this to info@yvium.es so that PROCONSI FOUNDATION can correct them as soon as possible.

The USER may keep their details up to date by logging into their user account.

Contracting procedure

In order to access the services offered by the PROVIDER, the USER must be of legal age and join the YVIUM CLUB through the website by creating a user account (club member). Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER undertakes to make diligent use of the same and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of the same or possible access by an unauthorised third party, so that the latter may proceed to block them immediately.

Once subscribed, it is informed 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:

GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, subscription to the services offered by the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

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

As the order does not entail the physical delivery of any product, the contracted services being downloaded or activated directly from the website, the PROVIDER will previously inform the USER about the procedure to be followed to carry out this download or activation.

Failure to execute the remote contract

The PROVIDER shall not assume any responsibility when the download or activation of the service is not carried out due to false, inaccurate or incomplete data provided by the USER.

RIGHT OF WITHDRAWAL
In accordance with the provisions of current legislation (Law 7/1996, of 15 January, on the regulation of retail trade and Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws), the exception in letter a) of article 103 establishes that the user may not exercise the right of withdrawal, as it is a “provision of services”, when the execution has begun, at the time of payment of the subscription and acceptance of these conditions, in which the USER is informed that once the contract has been executed, he/she will have lost his/her right of withdrawal.

CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be dealt with as soon as possible, and may be made to the following contact addresses:

Postal: FUNDACIÓN PROCONSI, Parque Tecnológico de León, C/Andrés Suárez, 5 – 24009 (León)
Telephone: 902214010
E-mail: info@yvium.es

Online Dispute Resolution (Online Dispute Resolution)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order 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/

FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure has ceased.

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

Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way.

The USER declares that he/she has read, knows and accepts these Conditions in their entirety.

GENERALITIES OF THE OFFER
All the services offered by the PROVIDER through this website are subject to the present Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of PROCONSI FOUNDATION or to what is stipulated herein shall be effective, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements shall prevail.

Given the continuous technical advances and improvements in the services, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications shall also apply in the event that, for any reason, the possibility of supplying the services offered is affected.

PRICE
The price indicated is exclusive of VAT. And, unless expressly stated otherwise, do not include other additional services and annexes to the service purchased.

The applicable price is the price published on the website and shall be expressed in EURO currency.

Once the payment has been made, an e-mail confirming the subscription will be sent to the e-mail address provided.

For any information about the subscription, the USER may contact the PROVIDER’s customer service telephone number, 902214010 or via e-mail at info@yvium.es.

PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and offers the following methods of payment for an order:

Credit card

Payment of the subscription is made by credit card through the secure payment platform.

By clicking on the “Pay” button during the purchase process, the member declares to fully and unreservedly accept all of these General Terms and Conditions of Sale and the privacy policy. He/she also declares that he/she is of legal age to do so.

The system allows you to enter your credit card details and corroborates online the authorisation to make the debit according to the purchase you are making.

Security measures

The web site uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.

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

The following activities are prohibited under the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

SUBSCRIPTION PROCESS
In order to access the services and purchase tickets to attend the events organised by the PROVIDER, it is necessary to make a subscription, which can be accessed through the “Join the club” section.

The subscription will be valid for one year and its price will be, in any case, €50.00. Once the period of one year has elapsed, the subscription will be automatically renewed, notifying the user by e-mail, without prejudice to the User being able to unsubscribe from the service at any time, informing the PROVIDER of this circumstance through the means of communication made available to him/her in these terms and conditions.

The User is informed that voluntary unsubscription from the subscription service will not entail the refund of any amount paid as a result of the subscription to the same in any of its modalities.

In order to carry out the subscription, the following steps must be carried out for its correct formalisation:

1.- Verification of the invoicing data.

2.- Review of the order.

3.- Selection of the payment method.

4.- Place the order (subscribe).

Once the payment has been processed, the system instantly sends an e-mail to the PROVIDER and another to the USER’s e-mail confirming the subscription.

Once you have subscribed, you will be able to access all the events planned, subject to availability. It will also be possible to watch all the events in streaming. Similarly, the Club’s premises can be reserved for a maximum of 2 hours per year, upon request. These performances will always be confirmed by e-mail.

CONDITIONS AND INSTRUCTIONS FOR ACCESS TO EVENTS
The purchase of tickets represents acceptance of these general terms and conditions.

Regarding the access or non-access of club members, in accordance with the current regulations for venues, events and public shows, it is forbidden to bring in food, drink, cameras or any object that the organiser considers dangerous.

The right of admission is reserved, subject to the condition that the ticket is complete and in good condition. This ticket allows access to the site only once. Fundación Proconsi S.L. accepts no responsibility for duplicate or illegal ticket sales.

Duplicate or illegal tickets will result in immediate forfeiture of ticket rights and the Organiser reserves the right to take any action it deems appropriate including denial of access to the venue and the initiation of legal action. In accordance with the Organiser’s requirements, the access system may be changed without prior notice. In case of change and whenever possible www.yvium.es will inform you promptly of the measures taken by the organiser.

DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.

YVIUM 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 limitation, when the USER fails to comply with or follow any of the obligations established herein or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.

When YVIUM exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to YVIUM.

13. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. Any dispute that may arise from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.