Terms and Conditions

These General Terms and Conditions (hereinafter General Terms and Conditions) shall regulate the commercial relationship between EXCAPIC EXPERIENCIAS CULTURALES, S.L., hereinafter EXCAPIC and the user or customer for the contracting carried out through the smartphone application and website that EXCAPIC makes available.

EXCAPIC EXPERIENCIAS CULTURALES, S.L., is a Spanish company, with VAT number B72418981 and registered office at CALLE Pintor Gastón Castelló, 2 – 2ºF, 03110, Mutxamel (Alicante). Contact telephone (+34) 624 04 80 83 and email: [email protected].

For the purposes of these Conditions, it is understood that the activity that EXCAPIC carries out through its website and smartphone application includes:

Contracting through EXCAPIC’s website and smartphone application will imply the express acceptance, by the client or user of the page, of these conditions, as well as the conditions of use established for the user’s browsing of the pages owned by EXCAPIC. These conditions shall apply without prejudice to the application of the legal regulations on the matter that may be applicable in each case.

These General Conditions are subject to the provisions of Law 7/1998, of 13 April, on General Contracting Conditions, Law 26/1984, of 19 July, General Law for the Defence of Consumers and Users, Royal Decree 1906/1999, of 17 December 1999, which regulates Telephone or Electronic Contracting with general conditions, Organic Law 15/1999 of 13 December 1999 on the Protection of Personal Data, Law 7/1996 of 15 January 1996 on the Regulation of Retail Trade, and Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce.

EXCAPIC reserves the right to make any modifications it deems appropriate, without prior notice, to the General Conditions. Such modifications may be made, through its website, by any legally admissible means and shall be binding for as long as they are published on the website and until they are validly modified by subsequent modifications. However, EXCAPIC reserves the right to apply, in certain cases, Specific Contracting Conditions in preference to these General Conditions when it deems appropriate, announcing them in due time and form.

Information prior to contracting

By contracting with EXCAPIC through its website www.excapic.es and smartphone application, the user or customer expressly declares to know, understand and accept these conditions of use and general contracting conditions. Likewise, the user declares to be of legal age and to have the necessary legal capacity to access the EXCAPIC website and smartphone application and to contract through them.

The commercial user

Legal persons, whether public or private entities, may obtain information and contract EXCAPIC services through the website.

The contracting will be carried out through an agreement between both parties, who in any case will accept these Conditions as well as EXCAPIC’s privacy policy.

For its implementation, they must contact EXCAPIC through the means of communication published on its website and in these Conditions in order to establish the clauses of their agreement.

The individual user

Accessing, browsing and using the website and smartphone application confers the status of user, and therefore, from the moment you start browsing the website and smartphone application, you accept all the Conditions established here, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations, as the case may be.

The individual user, hereinafter user, assumes responsibility for the correct use of the website and smartphone application, which will extend to:

• Use this website and smartphone application to make legally valid queries and purchases.
• Not to make any false or fraudulent purchases. In the event that such a purchase is deemed to have been made, it may be cancelled and the relevant authorities will be informed.
• Provide truthful and lawful contact details, e.g. email address, address or other details.
• The user declares to be over 18 years of age and to have legal capacity to act on this website and smartphone application.

Purchasing process in the case of a private user

1.Product offer and price reference

In compliance with current legislation and, in particular, with Law 34/2002 on information society services and electronic commerce, EXCAPIC EXPERIENCIAS CULTURALES, S.L. offers in its ‘Gymkhanas’ section information on all the products on sale, their characteristics and prices. Nevertheless, EXCAPIC reserves the right to withdraw, replace or change the products offered to its customers through its web page, by simply changing the content of the same. In this way, the products offered at all times by the EXCAPIC website and application for smartphones will be governed by the general conditions in force in each case. Likewise, the company shall have the right to stop offering, without prior notice and at any time, access to the aforementioned products.

2. Indication of prices

Each product offered will have its price with VAT included. The prices shown on the screen will be those in force at any given time.

3. Availability

The availability of the products offered by EXCAPIC through its website and smartphone application may vary depending on customer demand. Although EXCAPIC periodically updates its stock, the product requested by the customer may be unavailable at that time. In this case, EXCAPIC will send an e-mail to the customer informing him/her of the impossibility of fulfilling the order.

4. Payment methods

The user or customer may pay by credit/debit card, Google Pay, Apple Pay, BLIK, Bancontact, EPS, giropay and iDEAL.

Users can make purchases on the website and smartphone app by the means and in the manner provided. They shall follow the purchase procedure during which various products or services can be purchased from the file of each product by completing the data required for the purchase through the form displayed.

Likewise, the User must fill in 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 EXCAPIC has received the purchase request. This email will have the effect of confirming the order, as it includes an electronic invoice.

5. Right of withdrawal

The user, as a consumer and user, makes a purchase on the website and smartphone application and therefore has the right to withdraw from the purchase within 14 calendar days without giving any reason.

This withdrawal period shall expire 14 calendar days after the day on which the user purchased the service. To exercise this right, the user must notify EXCAPIC of their decision by emailing [email protected].

Under no circumstances may the right of withdrawal be exercised if the user has already started the activity.

6. Data protection

In accordance with the provisions of Organic Law 15/1999 on the protection of personal data, EXCAPIC informs users of its website and application for smartphones that the personal data collected by the company through the forms on its website will be entered into an automated file under the responsibility of EXCAPIC, in order to facilitate, expedite and fulfil the commitments established between the two parties. Likewise, EXCAPIC informs of the possibility of exercising the rights of access, cancellation, rectification and opposition by writing to the address [email protected].

As long as you do not inform us to the contrary, we will understand that your data have not been modified, that you undertake to notify us of any variation and that we have the consent to use them in order to be able to maintain the loyalty of the relationship between the parties.

7. Applicable law and jurisdiction

These General Conditions are governed by Spanish law. The parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s domicile.