This contract describes the “General Terms & Conditions” applicable to the use of the services offered by BUDDY Service Iberia SL. (“the Services”) within https://www.buddy-service.com, https://www.app.buddy-service.com and the BUDDY Service app (“BUDDY Service Iberia SL” or the “site”). Anyone who wishes to access and/or use the site or app services may do so subject to the General Terms & Conditions, along with all other policies and principles that govern BUDDY Service Iberia SL and which are incorporated herein by reference.
THE GENERAL TERMS & CONDITIONS ARE MANDATORY AND BINDING. ANY PERSON WHO DOES NOT ACCEPT THEM, SHOULD REFRAIN FROM USING BUDDY Service Iberia SL AND ITS SERVICES.
Each user must read, understand and accept the established conditions in the General Terms and Conditions and in the Privacy Policies, as well as in the other documents incorporated therein by reference, prior to registering as a user of BUDDY Service Iberia SL.
01 – Capacity
The Services are only available to people who have the legal capacity to contract. People who do not have this capacity, minors or users of BUDDY Service Iberia SL who have been temporarily suspended or permanently disabled may not use the services. If you are registering a user as a Company, you must have the capacity to contract on behalf of such entity and to bind it under the terms of this Agreement.
02 – Registration
In order to use the services provided by BUDDY Service Iberia SL, it is mandatory that all required fields of the registration form have valid data. The future user must verify that the personal information made available to BUDDY Service Iberia SL in order to register on the Site is accurate, precise and true (“Personal Data”) and undertakes steps to update the Personal Data, if necessary. The user expressly agrees that BUDDY Service Iberia SL uses various means to identify their personal data, assuming the user the obligation to review and keep them updated. BUDDY Service Iberia SL is NOT responsible for the accuracy of the Users’ Personal Data. Users guarantee and respond, in any case, to the veracity, accuracy, validity and authenticity of their Personal Data.
BUDDY Service Iberia SL reserves the right to request any additional proof and / or data in order to confirm the Personal Data, as well being able to temporarily or permanently suspend those users whose data could not be confirmed. In these cases of disqualification, all published articles will be removed, as well as the service offers, without generating any right to compensation. The user will access their personal account (“Account”) by entering their email address of choice, and the chosen personal security code (“Password”). The user is responsible for the confidentiality of the security code. The account is personal, unique and non-transferable, and the single user is prohibited to register or own more than one account. In the event of BUDDY Service Iberia SL detecting different accounts that contain matching or related data, it may cancel, suspend or disable them.
The user is responsible for all the operations carried out in his account, since the access is of exclusive user knowledge. The user agrees to notify BUDDY Service Iberia SL immediately and by suitable and reliable means of any unauthorised use of their account, as well unauthorised third parties to it. It is clear that the sale, assignment or transfer of the account (including reputation and ratings) is prohibited under any title. BUDDY Service Iberia SL reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or state the reasons for its decision and without generating any right to compensation.
03 – Modifications of the Agreement
BUDDY Service Iberia SL may modify the General Terms and Conditions at any time by making the modified terms public on the site. All modified terms will take effect 10 (ten) days after their publication. Said modifications will be communicated by BUDDY Service Iberia SL via newsletters, app updates, etc. to all users. Any user who does not agree to the modifications made by BUDDY Service Iberia SL may request the cancellation of the account. The use of the site and/or its services implies the acceptance of these General Terms and Conditions of use of BUDDY Service Iberia SL.
04 – List of Goods
4.1 Use of BUDDY Service Iberia SL.
By publishing an advertisement on the site, the service partner expressly consents to the use of the available payment gateways as forms of acquiring the good or service offered and cannot modify the sales price of the published good or service at all or later. Likewise, the service partner declares that he has read, understood and accepted the Terms and Conditions of use of the chosen payment service.
4.2 Publication of goods and / or services.
BUDDY Service Iberia SL has the right to set the price at which the goods are sold, for example by offering discounts through a customer loyalty program. The available services and/or products of the service partner are offered in the appropriate categories and subcategories. The publications may include descriptive texts, photographs and other relevant content and conditions for the sale of the service or product or the contracting of the service, provided that they do not violate any provision of this agreement or other policies of BUDDY Service Iberia SL. The services & products offered by the service partner are exactly described in terms of its relevant conditions and characteristics. Any needed modifications shall be mentioned by the service partner. It is understood and presumed that by including the service or product in BUDDY Service, the service partner has the intention and the right to display the services & products offered by him, or is empowered to do so by its owner and has it available for delivery upon reservation beforehand and also on-demand. The prices of the published service & products must be expressed with VAT included when applicable, and in legal tender. BUDDY Service Iberia SL may remove any publication whose price is not expressed in this way, to avoid confusion or misunderstandings regarding the final price of the service or product. It is expressly established that no description may contain personal or contact data, such as, and not limited to, telephone numbers, e-mail address, postal address, Internet page addresses that contain data such as those mentioned above. No other means of payment may be advertised, other than those set forth by BUDDY Service Iberia SL on the article publication page, nor may it suggest or insinuate to customers that they do not use the available payment gateways and / or alter the purchase conditions if the service partner decides a different payment method. In the event that any of the provisions established in this clause are violated, BUDDY Service Iberia SL may edit the publication, request the service partner to edit it, or cancel the publication where the violation is found.
4.3 Inclusion of images and photographs.
For better promotion the service partner is allowed to include images and photographs of the services & products offered, except in the case of goods or services/products or services that, by their nature do not allow such correspondence. The service partner declares and guarantees that he is empowered to include the images and photographs contained in his publications, being responsible for any infringement of third party rights. BUDDY Service Iberia SL may prevent the publication of the photograph, and even the service or product, if, in its sole discretion, the image does not comply with the Terms and Conditions. The service partner grants BUDDY Service Iberia SL a free authorisation without a time limit to publish and/or adapt the images included in their publications for service & product classification purposes on all their sites, social networks and / or by any means that BUDDY Service Iberia SL uses for communication.
4.4 Prohibited Items.
Certain services & products can only be entered in the lists of goods and/or services offered, whose sale is not tacitly or expressly prohibited in the General Terms and Conditions and other policies of BUDDY Service Iberia SL or by current law in Spain.
4.5 Protection of Intellectual Property.
In the event of suspecting an illegal activity or infringement of intellectual or industrial property rights, BUDDY Service Iberia SL reserves the right to adopt all the measures it deems appropriate.
05 – Information Privacy
To use the services or purchase the services & products offered by BUDDY Service Iberia SL, users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain high standards of data security and protection, both physical and technological. For more information on the privacy of Personal Data and cases in which personal information will be disclosed, you can consult our Privacy Policies.
06 – Obligations of good will on both sides
6.1 Account creation.
The creation of an account is mandatory for the booking of goods and/or services through BUDDY Service. Account information is necessary to be able to offer an easy access to the system, make orders, check previous purchases, modify preferences, and to ensure the use of service codes, in cases where it is relevant.
6.2 Obligations of the customer.
The customer must use true data associated with his account.
Regarding services: The user will receive a confirmation along with a unique purchase code. This code is only usable on the day of the reservation and the only way to use the purchased service. The purchase code must be demonstrated to the service partner exclusively in the location and day of the start of the service. It is the sole responsibility of the user to demonstrate the purchase code on the day of the reservation. After the time has elapsed, the purchase code will expire and is invalid.
Regarding products: The user must indicate the correct address to which products must be delivered. The user will have a progress status of their purchase categorised into three states, processing, confirmed and received. It is the full responsibility of the user to declare that they have received the product after meet-up. The BUDDY Service system will automatically declare the service & product as received within the first 5 business days after the handing over. In the event of damage caused by the customer, BUDDY Service reserves the right to charge a fee afterwards, depending on the value of the product.
Booking. Bookings are only considered valid once they have been processed by the BUDDY Service Iberia SL computer system and confirmed by a BUDDY Service Iberia SL confirmation mail or similar.
BUDDY Service Iberia SL prescribes one or more specific payment methods, storage or order processing conditions or shipping or delivery methods that are used to carry out the transaction.
Receipt of Products: The User must verify the status of the Products at the time of receipt to confirm their agreement with the Order. In case of breach or apparent degradation of the package, when the package is delivered personally to the User and when the verification of the Product is possible at the time of delivery, the User must review the merchandise and record any possible damage on the delivery note. of the packaging, as well as the Product.
Taxes. As established by current tax regulations, the customer must demand a ticket or invoice from BUDDY Service Iberia SL as proof of the operation.
6.3. Obligations of the Service partner
The service partner must have the legal capacity to sell the good that is the object of his offer. Given that BUDDY Service Iberia SL is a meeting point between customer and service partner, facilitating the purchase operation, the service partner is responsible to imply all correspondent obligations and tax charges to the sale of its services & products, without any type of responsibility for breaches in this regard being imputed to BUDDY Service Iberia SL. After successful application the service partner issues a ticket or invoice with the agreed conditions to BUDDY Service Iberia SL (and not the buyer). The service partner is fully responsible to the users for the execution of the orders placed through the Platform and, in particular, for the proper dispatch of the products (by their carriers, in case they themselves deliver the product). BUDDY Service Iberia SL sets conditions under which the service partner must bear the costs of returning the goods. Consequently, the service partner is fully responsible to the Users for any problem arising from the delivery (delay in delivery, error in the Product delivered, breakage of the product during transport, Product never delivered due to theft, error by the Partner and / or the contracted carrier, etc.), BUDDY Service Iberia SL can cancel the sale without the consent or consent of the service partner.
Regarding services: The quality of the service must be consistent and compatible with the published description. The published information of the service partner must be relevant to the offered service. The service partner must validate the availability of the customer purchase at meet-up. A service cannot be executed without the code being previously validated.
Regarding products: The quality of the product must be consistent and compatible with the published description. The published information of the service partner must be relevant to the offered product. This information must be real and in accordance with the specifications of the product.
Regarding delivery partner: BUDDY Service Iberia SL provides the delivery partners with delivery details and commissions the supplier or a third party with the delivery.
Taxes. As mentioned above, BUDDY Service Iberia SL only makes a virtual space available to users via the Internet to find a way to buy or sell services & products. For this reason, BUDDY Service Iberia SL is not responsible for the effective fulfilment of the fiscal or tax obligations established by the current law of Spain.
Withdrawal. The service partner accepts that the customer may unilaterally withdraw the purchase within a period of 10 days after receiving the product. Also, the service partner accepts that the customer may claim having received a defective product or different from the original purchase at handover. A used service or product cannot be refunded after signing the responsive service/product contract. In any of the aforementioned cases, that is, if the customer retracts his purchase or, if he claims for a defective product or different from the one purchased, the service partner is obliged to accept the exchange or return of the sold product, taking charge of the expenses that this entails, including the shipping costs that may be necessary.
Deposit. In the case of rental, the customer must sign a handover protocol, which document that the received product is OK. When the item is returned, another protocol with the same intent must be signed. If the rented product is returned damaged in any way, the defects must be documented and the amount for the repair must be specified. In case of damage, BUDDY Service is allowed to deduct the cost of the damage of the cardholder.
07 – Services
Compliance with the obligations associated with the services, which do not correspond to the sale, is always the responsibility of the service partner. BUDDY Service Iberia SL is not responsible for the fulfilment of such obligations. The responsible party for the fulfilment of the obligations consigned in the acquisition of services – those that do not refer to the sale of products – is the respective service partner who is solely and exclusively responsible for all and any damage that users may suffer by virtue of the fulfilment or non-fulfilment of the obligations acquired.
The services – those that do not refer to the sale of products – will always be understood to be sold under the following conditions:
– When you have problems to validate your purchase code you should contact us as soon as possible.
– Neither BUDDY Service Iberia SL nor the service partner are responsible for the loss or theft of the purchase code.
– The reproduction, sale or trade of the purchase code is prohibited except it is carried out in accordance with the law.
– Purchase codes can only be used until the specified date, after which they will expire definitively, without the customer being able to claim any right or compensation.
– In case of an expired purchase code, the value will not be returned if the return was not requested within the valid time period of 5 business days.
– Any request for return for personal reasons of the client or erroneous purchase of services, must be made during the time of right of withdrawal (up to 48 hours prior to the use). After this, BUDDY Service is not obliged to any refund.
08 – Products
The promoted products in BUDDY Service are sold or rented from established service partners. The responsibility for the fulfilment of the obligations of the sale or rental is only with the corresponding service partner. The exchange of products that are sold or rented through the BUDDY Service is subject to availability of stock. A return depends on compliance with the circumstances under which the law allows consumers the restitution of the goods purchased and the consequent demand for restitution of the price paid. Only defective products and those that do not correspond to the purchased product can be returned.
In the case of required change or return of bought products incl. delivery, customers should contact our customer support under email@example.com, further steps are investigated thereafter. The product must be kept with its ticket incl. all attached elements of the packaging, incl. labels, warranty certificates, user manuals, boxes and protection elements, in good condition, if attached.
09 – Delivery
When products are sold incl. delivery, the following conditions apply:
1. The products offered are available to customers while stocks last. Sometimes the stock may fail if the distributors do not inform us on time of the stocks. In that case, the customer will be informed and a new time period or similar product is offered, if possible.
2. The customer must enter a valid address where to the product can be delivered at any time during the authorised delivery days and hours.
3. Orders are processed on working days, excluded are national, regional and local holidays set by the working calendar.
4. Delivery is on working days, at the specified address and time by the client (and under the conditions established by the transport agency). Orders are processed in the established working hours from 10:00 – 14:00h and 16:00 – 20:00h. BUDDY Service Iberia SL wants to guarantee the delivery to be as smooth as possible, but also depends from external factors like working hours of service partners/deliverers.
5.The order is processed after the payment verification.
6. Orders are delivered due to the user client need. However, depending on the destination and the characteristics of the package and especially when third-party companies are involved, the delivery time may be extended incl. a longer waiting period than agreed.
7. Some articles may be combined accessories and cannot be sold separately. If the customer completes the purchase by mistake, please contact us as soon as possible under firstname.lastname@example.org to cancel and receive the full refund of the payment
8. Handover at door. Any person of legal age at the indicated address can receive the product.
9. If the address is in a building or premises where free access is not allowed and there are no other specifications, the product will be delivered to the doorman or person in charge of the building or premises.
10. The acceptance of the receipt of the product indicates compliance with the condition of the product.
11. If there is no one to receive or if the address provided by the client is wrong, the customer is constituted in arrears to receive by that single fact.
12. If for any reason the delivery company could not deliver a product, the responsibility is limited only to the return of the value deducted by BUDDY Service Iberia SL, and the customer cannot specifically demand the delivery of the product or any other compensation on the occasion of non-delivery.
13. To request the refund of the paid amount, the customer must return the product in advance. BUDDY Service will not refund the money before the service partner has not received the product again.
BUDDY Service communicates the delivery details to the customer The delivery period is specified for each case. The value paid by the users includes the delivery of the products, unless so specified. Business day periods exclude Sundays and holidays as delivery days. When the delivery value of the product is specified in the corresponding order, the return of the price paid by the customer, where appropriate, will be limited to the value of the product, discounting the published delivery value accordingly.
There are several ways to deliver the order: 1) The same service partner takes care of the delivery, 2) in some case BUDDY Service is obliged to due the delivery with internal resources 3) A third-party carrier makes the delivery. In case 1), the correct delivery of the products is the service partner responsibility, even if not specified. In case 2), the correct delivery of the products is the supplier responsibility of BUDDY Service, even if not specified. In case 3), neither BUDDY Service Iberia SL nor the service partner are responsible for the loss or theft of the product while it is in the possession of the delivery company.
10 – Services & products
In the event that the value of the service is not fully consumed or the entire benefit is not used, the unused difference expires and no refund is possible. The respective service partner performs the provision consigned in the service on its own behalf and on its own account in front of the client, so that BUDDY Service Iberia SL does not need to respond to the client for failure to comply with the service partners/supplier’s obligations when performing the service.
11 – Purchase code
The tickets issued for the sales of products is attached to the delivered good or may be generated electronically. In the case of services, they will be delivered by the service partner at the time of the service or are sent electronically. Purchase codes are not nominative, which means that the service contained in them can be required by anyone who presents the purchase code, as long as they meet the legal requirements to receive the service. The reproduction, editing or manipulation of the codes is not authorised. In case of well-founded suspicion of illicit reproduction, BUDDY Service Iberia SL reserves the right to transmit the archived data to the respective provider and initiate legal procedures. Unless otherwise indicated, each service code may be used only once, making it effective in front of the provider by going to the corresponding establishment or store or participating in any other event (or receiving any other merchandise). Unless otherwise stated, the purchase code does not grant a right to make use of services or to purchase goods at a specific time. It is the user’s responsibility to agree with the provider when exactly the service purchased is used. In the event that the purchase code includes a certain valid period, it can only be made effective against the service partner within that valid period. Once the valid period has elapsed, the code loses its validity and cannot be enforced. Unless something different is stated in the respective offer, BUDDY Service does not assume any guarantee for the services & products of the service partner acquired by the client.
12 – Prohibitions
In addition to the prohibitions that are expressly contained in other sections of these terms and conditions, users are prohibited from using the site and app to upload, make notices or in any other way transmit or distribute any item, including without limitation any computer viruses, trojans , computer worms, malware, ransomware, automatic shutdown mechanisms or any other disruptive system, program or file; interfere with the security of the site/app; infringe commercial patents, registered trademarks, commercial and industrial secrets, publicity rights or any other proprietary rights of any natural or legal person, collectivities, etc .; prevent or interrupt the use of the site by third parties; use automatic programs, mechanisms or manual processes to monitor, copy, summarise, or extract information in any other way from this site; use the accounts and passwords of third-party users, or any other information without the prior written consent of the owner; create accounts or use the site by providing false information; transmit spam from this site/app, chains, junk mail or any other type of unsolicited mass mail; upload, distribute or disseminate from the site material or information of a threatening, harassing, defamatory, obscene, pornographic, fraudulent, deceitful nature, or that in any other way could be an attack against the law, good customs, public order or that violates the rights of any other party, or contains fundraising requests, among others.
This type of activity will be investigated by BUDDY Service Iberia SL and the offender may be sanctioned with the suspension or cancellation of the offer and even his registration as a user of BUDDY Service Iberia SL and / or in any other way he deems appropriate, without detriment to legal actions that may result from the configuration of crimes or contraventions or civil damages that it may cause to the offering users.
13- Violations of the System or Databases
No action or use is permitted of a device, software, or other means tending to interfere both in the activities and operations of BUDDY Service Iberia SL and the offers, descriptions, accounts or databases of BUDDY Service Iberia SL. Any interference, attempt or activity that violates or is contrary to the laws on intellectual property rights and / or to the prohibitions stipulated in this contract will make the person responsible for the pertinent legal actions, and the sanctions provided for in this agreement, as well as make him responsible for compensating the damages caused.
14 – Sanctions. Suspension of operations
Without prejudice to other measures, BUDDY Service Iberia SL may warn, temporarily suspend or permanently disable a user’s account or a publication, apply a sanction that negatively impacts the reputation of a user, initiate the actions it deems appropriate and / or suspend the provision of its Services if (a) any law is broken, or any of the stipulations of the General Terms and Conditions and other policies of BUDDY Service.
15 – Responsibility
BUDDY Service Iberia SL is the owner or administrator of the technical platform through which the goods are delivered, yet as the operator of the app only makes available a virtual space that allows users to find a way to buy or sell services or goods through the Internet. BUDDY Service Iberia SL collect the revenue of the delivered goods and transfers it to the service partner, but is not the owner of the items offered and does not have possession of them. BUDDY Service Iberia SL does not intervene in the improvement of the operations carried out between users or in the conditions stipulated by them for them, therefore it will not be responsible for the existence, quality, quantity, status, integrity or legitimacy of the goods offered, acquired or alienated by users, as well as the ability to contract from users or the veracity of the Personal Data entered by them. Once the service is booked and the subscription is completed, all terms and conditions and other contractual terms apply for the respective service partners and the customers. BUDDY Service will not be responsible for any breach, lack or deficiency during the provision of services or products from the service partners. No purchase and sale operation of the platform is included in the intra-community distance sales regime.
BUDDY Service Iberia SL is responsible for the contracting and management of the subscription or purchase requested by the User on the Platform.
The customer (user client) who orders products in the app, can purchase or rent these products.
Service partners, who offer their products in the app, are usually responsible for availability, shipping and delivery to the customer. BUDDY Service will not be responsible for the effective fulfilment of the obligations assumed by users in perfecting the operation. The user knows and accepts that when carrying out operations with service partners, they do so at their own risk. In no case will BUDDY Service Iberia SL be responsible for lost profits, or for any other damage and/or loss that the user may have suffered, due to the operations carried out or not carried out by articles published through BUDDY Service Iberia SL.
The customer and the service should contact email@example.com as soon as possible and not longer that 5 business days, in case of claim management, exchange possibilities, return of goods possibilities, service partner/customer litigations.
16 – Scope of the services of BUDDY Service Iberia SL
This agreement does not create any partnership, mandate, franchise, or employment relationship between BUDDY Service Iberia SL and the user. The user acknowledges and accepts that BUDDY Service Iberia SL is not a party to any practical operation, nor does it have any control over the outcome of quality, safety or legality of the advertised items, the veracity or accuracy of the advertisements, the ability of the users to sell or buy items. BUDDY Service Iberia SL can not assure that a user will complete an operation or be able to verify the identity or Personal Data entered by users. BUDDY Service Iberia SL is not responsible for the correspondence or contracts that the user enters into with said third parties or with other users.
17 – System failures
BUDDY Service Iberia SL is not responsible for any damage, loss or loss to the user caused by failures in the system, on the server or on the Internet. BUDDY Service Iberia SL will not be responsible for any virus that could infect the user’s computer as a result of access, use or examination of its website or as a result of any transfer of data, files, images, texts, or audio contained therein. Users will NOT be able to impute any responsibility or demand payment for lost profits, by virtue of damages resulting from technical difficulties or failures in the systems or on the Internet. BUDDY Service Iberia SL does not guarantee continued or uninterrupted access and use of its site. The system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond BUDDY Service Iberia SL; In such cases, an attempt will be made to restore it as quickly as possible without, for this reason, any type of responsibility being imputed to it. BUDDY Service Iberia SL will not be responsible for any errors or omissions contained in its website.
18 – Reputation system
Because verification of the identity of users on the Internet is difficult, BUDDY Service Iberia SL cannot confirm the intended identity of each user. Therefore, the user has a user reputation system that is periodically updated based on data related to their activity on the site and the comments entered by users according to the operations they have carried out. Both the customer and the service partner must enter a rating informing about the completion or not of the operation; They can also enter a comment if they wish. Said comments will be included under the sole responsibility of the users who issues them. By virtue of the ratings and comments that are made by users, they will be included under the sole responsibility of the users who issue them.
BUDDY Service Iberia SL has no obligation to verify the veracity or accuracy of the same and is NOT responsible for the statements made there by any user, for the trust placed in the ratings of the counterpart or for any other comment expressed within the site/app or through any other medium, including email. BUDDY Service Iberia SL reserves the right to edit and/or delete those comments that are considered inappropriate or offensive. BUDDY Service Iberia SL maintains the right to exclude those users who are the subject of negative comments from different sources.
19 – Intellectual property.
The contents of the screens related to the services of BUDDY Service Iberia SL as well as the programs, databases, networks, files that allow the user to access and use their Account, are the property of BUDDY Service Iberia SL and are protected by the laws and international treaties of copyright, trademarks, patents, models and industrial designs. The improper use and the total or partial reproduction of said contents are prohibited, unless expressly authorised in writing by BUDDY Service Iberia SL.
20 – Indemnity
The user will hold BUDDY Service Iberia SL harmless, as well as its subsidiaries, controlled and/or controlling companies, officials, directors, successors, administrators, representatives and employees, for any claim initiated by other users, third parties or by any organisation, related to their activities in the site/app, compliance and/or non-compliance with the General Terms and Conditions or other Policies, as well as with respect to any violation of laws or rights of third parties.
21 – Jurisdiction and Applicable Law
This agreement will be governed in all its points by the laws in force in Spain. Any controversy derived from this agreement, its existence, validity, interpretation, scope or compliance, will be submitted to the applicable laws and to the competent Courts of the City of Barcelona and the procedures will be carried out in Spanish.
22 – Miscellaneous
It is possible that some of the advertising images used were made with models who may not have any disabilities.