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These General Terms of Business (hereinafter, “the General Conditions”) govern the procedure for purchasing products from the website accessible through the domain name www.51tripsbrand.com, www.51trips.com, the app owned by 51Trips and its subdomains (hereinafter, “the Web site”), based on the purchase of the products, the navigation of the Website and the upload of content through it. Simple access to the Website gives the person who performs it the status of user of the Website (hereinafter, “the User”) and implies acceptance of all the terms included in these General Conditions. If you do not agree with these General Conditions, the User must immediately leave the Website without using it.
By accepting these General Conditions, the User declares:
1. That you have read, understand and accept what is stated here.
2. Which, if you are willing to purchase a product, has sufficient capacity.
3. That you are of legal age or that as a minor you have the consent of your parents/guardians.
Owner: 51Trips Brand SL (hereinafter referred to as “51Trips”).
Headquarters and establishment: Muntaner Street, 537 - ENT 1, Barcelona, 08022, Barcelona
C.I.F.: B01975176
Email: [email protected]
To use the Website, the User can browse the set of spaces designed by 51Trips, where they can find a set of products, information for the creation of a tripbook, about social actions, specific articles on tourism and related “blog”, a story about the 51Trips team in “us”, and a set of contact points under “contact” and other legal information and access to specific areas of the Website.
In the “travel books” space, the User can proceed with the purchase of the incorporated products following simple steps.
In the Tripbook creation space, the user will obtain information about the final product and access to the App.
In the App, the User can create a trip by uploading content to the App. Once the trip is over, the User can purchase the personalized Tripbook of their creation.
The space dedicated to “contact” includes all the means of contacting 51Trips, as well as a specific form so that the User can contact directly.
In any case and for the use of the Website, the User, in compliance with the provisions of these General Conditions, undertakes to maintain conduct in accordance with law, good practices, lawful, adequate and correct. Any use that the User makes and that may entail legal consequences affecting the rights and freedoms of third parties, other than the User, will be responsible for them and must exempt 51Trips from any type of responsibility.
The main characteristics of the products and services offered through the Website can be found in the descriptive sheet in which they are presented.
The procedure for creating, buying, printing and shipping Tripook is as follows:
In the 51Trips App, you must click on the “create trip” process and then fill out the form with the dates of the trip, the title of the trip, the countries visited or to be visited, a cover photo and the possibility of adding companions.
From there, the User must upload the content -texts and images- of their days of travel.
Once the trip is over, the User must preview the printing of their Tripbook, after accepting the preview of the Tripbook using the print button, the User must fill out a data form and pay through a payment platform other than 51Trips. From there, 51Trips will process the order to print the Tripbook and will manage the order.
The User may not make returns for errors or defects that appear in the print preview and this has been checked and accepted by the User.
In addition, the User undertakes to:
- Do not upload any content or propaganda that may be racist, xenophobic, pornographic, or discriminatory, glorifying terrorism or a violation of human rights.
- Do not upload any content that could incite violence.
- Do not upload content that incites, shows or advocates any type of animal abuse.
- Do not upload content that undermines any right of a minor.
- Do not upload, transmit or make available any type of information, elements or content that may violate the human rights and fundamental freedoms constitutionally recognized in international treaties, of a third party.
- Do not upload, transmit or make available any type of information, elements or content that may be described as illegal or unfair advertising with respect to a third party.
- Do not upload unsolicited or unauthorized advertising, advertising material, spam, pyramid structures or any other type of request, except for areas (such as commercial spaces) that have been specifically designated for these matters.
- Do not replace other Users or disclose account access information or password to a third party without the consent of 51Trips.
- Do not upload, transmit or make available any type of information, elements or content without the authorization of the owner of the intellectual and industrial property rights that may reach this information, elements or content.
- Do not upload, transmit or make available any type of information, elements or content that may violate the privacy of communications, the right of a third party to their own image, the right of a third party to privacy and the law with respect to the personal data of a third party. More specifically, any user who posts content that includes an identifying image of a person must have written consent.
- Do not upload, transmit or make available photographs or any type of representation or image of a minor person to a third party without the prior consent of their parents or legal guardian.
- Do not upload any explicitly sexual content.
- Do not give, sublicense, sell, buy, rent or transfer or share in any other way the corresponding obligations and rights resulting from these terms of use.
- Do not avoid or do not try to avoid security measures
- Do not commit fraud or do not use the Service in such a way that it can reasonably be considered evidence of fraud.
- Do not copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create any work that results from the application, all updates or any part of the latter.
Under no circumstances does 51Trips have control over the content uploaded by the User to the App, so the User exempts 51Trips from any damage that the content may cause to third parties.
The User hereby grants 51Trips a non-exclusive license to use any images and content uploaded by him for the purpose of processing his Order and providing the Services, including the right to sublicense the use of his image and content to our service providers, and all necessary consents, including those provided for in the Intellectual Property Act or any other relevant legislation applicable to his location, to allow 51Trips to change, publish, distribute, display, use the Image in order to allow him use our Application and allow us to provide our Services.
The User recognizes that in order to provide you with the Services, we need to share your Images and content with our suppliers. By using our Application and submitting an Order, the User expressly consents to our suppliers printing and processing their Images and content to produce the printed Products requested by the User in their Order and other related functions that are necessary to provide the Services.
The language of travel books is Spanish and Italian.
The procedure for purchasing products through the Website is as follows:
From the sheet of the desired product, the User will find all the information related to it.
After consulting the product information, the User can begin the purchase process if they wish. To do this, the User must indicate within the options available for each product the desired ones, proceeding according to their will to add the product to the cart by clicking on “Add to cart”, or to process the purchase of the product by clicking on “Buy now”.
If the User has clicked on “Add to cart”, at this time a summary of the products he has selected will appear and he will be allowed to modify the quantity of those products; he will also be shown the total value of the desired products and will be allowed to either continue processing the order by clicking on “Place your order”, or continue browsing the Website.
In any case of continuing to browse the Website, the User can access their shopping cart to view the set of products they have selected by clicking on the cart icon in the upper right corner of the website. At that time you can update your cart, to enter more products or delete them, or you can proceed with the purchase process or continue browsing.
When the User clicks on “buy now” or “Place your order”, a new window will open for the User to enter the necessary data for the processing of the purchase. The User can click on “Show order summary” to view detailed order information as well as to enter a discount code. If you have a valid discount code, you must enter it in the space provided for this purpose and click “use” for the discount to be applied. The User may access PayPal to make express payment or continue with the form provided on the Website. In any case, you will be required to accept these General Conditions, as well as the Privacy Policy by clicking on “Continue with shipments”.
By clicking on “Continue with shipments”, the User will be transferred to a payment gateway where they must enter the card details that the User wants to use to process the payment. In this regard, 51Trips does not keep any data related to the User's card number, all of which is done at the same payment gateway provider.
Finally, the User will be able to confirm the purchase process. An email justifying and processing the purchase made will be sent to the email address you indicated, as well as all the necessary contractual information.
When the User forgets to correctly fill in any data indicated as mandatory in the corresponding form, they will not be able to proceed with the contracting or validation process until they have completed it. An on-screen message will warn you of this circumstance.
You can modify and/or update at any time the data provided during the purchase process, before its completion.
The delivery time is 2 to 4 days for standard shipping. The cost of standard shipping is 1,90€ for Spanish mainland Spain. The cost for international shipments is the one marked within the shipping and delivery policy. Shipping is free for purchases over thirty euros.
Unless there are circumstances arising from the customization of the products, or there are unforeseen or extraordinary circumstances, we will send you the order consisting of each shipping confirmation, within the period indicated on the website according to the selected shipping method and, in any case, within a maximum period of 30 days from the date of the order confirmation.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option of going ahead with the purchase by setting a new delivery date or canceling the order with a full refund of the price paid. Please note, in any case, that we do not make home deliveries on Saturdays or Sundays.
For the purposes of these conditions, it will be understood that the “delivery” has occurred or that the order has been “delivered” at the time that you or a third party indicated by you, acquires material possession of the products, which will be proven by signing the receipt of the order at the agreed delivery address.
If the shipment is to a destination outside the EU, customs costs are borne by the customer.
The prices indicated for each product in its corresponding sheet include, unless otherwise indicated, Value Added Tax (VAT) and, in any case, are expressed by default in Euro currency (€). These prices, unless otherwise expressly indicated, do not include shipping costs, shipping insurance or any other additional services attached to the product or service purchased.
The payment methods allowed on the Website are by American Express, Maestro, Mastercard and Visa credit or debit card. Payment via PayPal is also allowed.
All payments use a third-party payment service provider, 51Trips is not responsible for any information provided by the payment provider or how your information is used or stored to allow you to use the payment services of the payment provider, whose operation is beyond the control of 51Trips. It is important that you understand the payment provider's terms and conditions that apply to any use of the payment provider's services. 51Trips is not responsible for any losses you incur in connection with the use of the payment provider.
The User has the right of withdrawal after making their purchase through the Website within 14 calendar days without the need for justification.
In the case of a sales contract, the withdrawal period will expire 14 calendar days from the day on which the User or a third party indicated by him, other than the carrier, has acquired material possession of the products.
In the case of a delivery contract for multiple products ordered by the User in the same order and delivered separately, the withdrawal period will expire 14 calendar days from the day on which the User or a third party indicated by him, other than the carrier, has acquired material possession of the last of those products.
To exercise the right of withdrawal, the User must notify 51Trips of their decision to withdraw from the contract by means of an unequivocal statement to [email protected]. To return the order, the User must send the email to [email protected] with the subject “RETURN” followed by the order number, for example “RETURN #1001”.
To meet the withdrawal deadline, it is enough for the User's communication regarding the exercise of this right to be sent before the corresponding deadline expires.
There will be no right of withdrawal in the case of personalized products, in particular in the case of creating and printing personalized travel notebooks (Tripbook).
In the event of withdrawal, 51Trips will return all payments received from the User (with the exception of additional expenses resulting from the User's choice of a delivery method other than the least expensive standard of delivery offered by 51Trips) without undue delay and, in any case, no later than 14 calendar days from the date on which the User informs 51Trips of his decision to withdraw from the contract.
51Trips will proceed to make such reimbursement using the same payment method used by the User for the initial transaction, unless otherwise expressly provided; in any case, the User will not incur any expenses as a result of the refund. 51Trips may withhold the refund until the products have been received, or until the User has submitted proof of their return, whichever condition is met first.
The User must return or deliver the products directly to 51Trips, without any undue delay and, in any case, no later than 14 calendar days from the date on which they communicate their decision to withdraw from the contract. The deadline will be considered fulfilled if you return the products before the deadline has elapsed.
When the User makes their notification of withdrawal, 51Trips will contact the User to manage the collection of the product. Once the product arrives at the 51Trips facilities and the return is approved, the amount of the order will be reimbursed, Subtracting 5€ in collection costs.
The User will only be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature and characteristics of the products. If the User returns the purchased product, in the event that 51Trips detects that the returned product does not conform to its original condition, it will return the manipulated product without refunding the amount paid.
In accordance with the provisions of article 103 of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the User is informed that he cannot withdraw from the following contracts:
1. The supply of products made according to the User's specifications or clearly personalized.
2. The supply of sealed products that have been unsealed after delivery if they do not have any original defects.
The User can direct their complaints, claims and/or requests for information to 51Trips, using any of the following channels:
1. Sending a letter to Calle Muntaner, 537 - ENT 1, Barcelona, 08022, Barcelona.
2. Sending an email to the address [email protected]
The User is reminded that, in accordance with the provisions of articles 114 et seq. of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, all products delivered by 51Trips must comply with the concluded contract, with 51Trips responding to the User for any lack of conformity that occurs within two years from the delivery of the product.
The scope and manner of execution of the rights conferred on the User by this legal guarantee can be found in articles 114 et seq. of the abovementioned regulation.
WRONG ORDER
If you receive an order that does not match what was purchased, you will have a period of 14 calendar days from the receipt of the order to contact us at the email address [email protected]. In the message you must indicate the order number, add an image showing what you have received and explain to us what error it is. From 51Trips we will verify it and offer you a solution.
If you have to send the product back to our warehouse, 51Trips will handle the shipping costs. Subsequently, the product will be replaced or the amount will be reimbursed as requested by the customer.
The product must not have been used and must be in its original box with all the items that accompany it.
FAULTY PRODUCT
If the product is faulty, you should contact [email protected] for 14 calendar days after receiving the product and add an image of the defect; this way we can verify that the product has a real defect.
If you have to send the product back to our warehouse, 51Trips will handle the shipping costs. Subsequently, the product will be replaced or the amount will be reimbursed as requested by the customer.
51Trips is responsible for the quality of the products that the User may purchase, assuming the cost of defects attributable to the fulfillment of 51Trips's corporate obligations; this implies up to the total amount of the cost of the product purchased by the User.
Neither 51Trips nor its collaborators may be responsible for: unmet expectations of the User, punitive, special, indirect or consequential losses or damages; errors related to the description of the information including product descriptions and prices; losses, damages or costs suffered, incurred or paid by the User, arising from or relating to the use, unavailability or delay of the operation of the Website; any type of harm, whether due to legal acts, errors, infractions, negligence, deliberate professional misconduct, omissions, breaches, misrepresentation, non-contractual liability that is objective or attributable to the User to a third party unknown to 51Trips.
In addition, 51Trips will not be responsible for:
- Of the content uploaded by the User to the App.
- The use of the Service by Users whose information is inaccurate or not true.
- Any use that Users may make with User Content that is prohibited or that may infringe the intellectual and/or industrial property rights of the Service or content of a third party, do not comply with confidentiality obligations.
- Any activity on the part of Users that involves unfair competition and/or illegal advertising.
- Of the possible loss of the User's data due to causes not attributable to the service.
- Access to the content included in the service by minors.
- From the lack of availability, errors, access failures and the discontinuity of the service.
- Any errors or problems that may occur in the communication, deletion or incomplete transfers.
- Any malfunctions or problems with the email address provided by the user.
All trademarks, copyrights, database rights, logos, brands and other intellectual property rights of any nature in the App or website or any element of our Services or Products, together with the software code are directly owned by 51Trips or our suppliers or licensors and the User has no rights to the Intellectual Property, the App, or the Technology at any time, except for the right to use each of them in accordance with these Terms.
The User acknowledges that he has no right to access the Application in the form of source code.
The User will fully compensate and hold 51Trips harmless for any claim incurred by our suppliers, customers or any third party as a result of the use of third-party intellectual property with respect to any content that the User provides when using the Services, which is strictly prohibited and contravenes these Terms, unless legally authorized to do so by any of the owners of such rights.
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect that provision or the part of it that is null or ineffective, these General Conditions remaining in everything else and such provision being considered totally or partially by not included.
These General Conditions will be governed and interpreted in accordance with Spanish law.
In the event of a dispute arising from the use of the Website, or the contracting of products made through it, the parties agree to submit any matter to the Courts and Tribunals of Barcelona, unless by law they are allowed to go to another jurisdiction that may correspond to them, such as that of the consumer's home.
In those cases in which payment service users hold the status of consumer in accordance with the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, the parties may, when they so agree, go to consumer arbitration provided for in Royal Decree 231/2008, of February 15, which regulates the consumer arbitration system, or use the European online dispute resolution system https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
