GENERAL TERMS AND CONDITIONS
Introduction
This contractual document will govern the General Conditions for contracting products or services (hereinafter, «Conditions») through the website onlyindianporn.one, owned by hidden, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions can be modified at any time. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable. The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
Has read and understood the above.
Is a person with sufficient capacity to enter into contract.
Assumes all the obligations set forth herein.
These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website. The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.
Identity of the contracting parties
And on the other part, the USER, registered on the website by means of a user name and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process. The contractual trade relationship involves the delivery of a specific product or service, in exchange for a certain price which is publicly displayed on the website.
Contracting procedure
The USER, in order to access the products services offered by the PROVIDER, must be of legal age in his / her country of birth and register on the website by creating a user account. For this reason, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of individuals with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data as detailed in the Legal Notice and Privacy Policy found on this website.
The USER selects an email and password, committing to use them diligently and to not make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to immediately block them.
Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:
General contracting clauses.
Activation of services.
Right of withdrawal.
Claims.
Force majeure.
Competency.
General information of the offer.
Price and period of validity of the offer.
Shipping costs.
Payment method, expenses and discounts.
Purchase process.
Applicable warranties.
Guarantees and returns.
Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF SERVICES
The PROVIDER will not ship any order or activate any service until it has been verified that payment has been made. As the order does not involve the physical delivery of any product, but rather a service downloaded or activated directly from the website, the PROVIDER will inform the USER in advance on the steps to take to perform this download or activation, making available to users the download links and / or the proper streaming multimedia player.
Failure to carry out the remote contract Delivery dates or times are approximate and delays do not constitute a fundamental breach. In the event that the PROVIDER has not delivered the service within 30 days of the agreed delivery date, due to the unavailability of the product or service, the USER must be informed and will be entitled to cancel the order and will receive a refund of the total amount paid at no additional cost, and without any liability for damages attributable to the PROVIDER. In the event of unjustified delay by the PROVIDER with respect to the refund of the total amount, the USER may claim payment of double the amount due, without prejudice to their right to be compensated for damages suffered beyond that amount. In the case of the provision of a service, it will be available from the moment the user has paid for it and will be downloadable or activated according to the conditions of the PROVIDER. The PROVIDER will not accept any liability if the download or the activation of the service is not fulfilled because of false, inaccurate or incomplete information provided by the USER. The service will be considered as provided when the USER has downloaded or activated it.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and period to return and/or report possible flaws or defects in the online products or services as they do for offline products or services. The USER has a period of fourteen calendar days from the date of download or activation of the service to return it (Article 71 of Spanish Law 3/2014 of 27 March). The right of withdrawal shall not apply in the following cases:
In the provision of services, once the service has been completely executed, when the execution has begun, with the previous express consent of the PROVIDER and USER and with their acknowledgement that they are aware that, once the contract has been completely executed by the PROVIDER, they will have lost their right of withdrawal.
In the downloading or activation of the service whose price depends on fluctuations in the financial market which the PROVIDER cannot control and which may occur during the withdrawal period.
In the provision of services made according to the specifications of the USER or clearly personalised.
In the provision of housing services for purposes other than housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of execution.
The PROVIDER must be informed of any return, with the request for a return number through the form provided for this purpose, or by emailing contact@onlyindianporn.one, indicating the corresponding invoice number or order number.
4. COMPLAINTS
Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses. Email: contact@onlyindianporn.one Each claim will be evaluated individually before sending any refund. By default, when the user has not followed the automatic unsubscription process within the established period (the subscription can be canceled for the next renewal period, not for an ongoing period), no refund will be sent . You can contact us at the email address support@onlyindianporn.one where one of our agents will attend you personally. In no case will we proceed to the return of services already enjoyed by the user. Once a return has been confirmed, it will be effective on your card (not by other methods) within a maximum period of 10 business days. Online Dispute Resolution (ODR) In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the USER and the PROVIDER without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict. Link to the ODR platform: https://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
6. COMPETENCY
The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase. If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way. The USER declares to have read, understood and accepted these Conditions in their entirety.
7. GENERAL INFORMATION OF THE OFFER
All sales and deliveries made by the PROVIDER are subject to these Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of hidden or stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail. Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until the value of the services offered is not affected. These modifications shall also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each service include Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly indicated otherwise, do not include shipping costs, handling, wrapping, insurance or any other additional services and attachments to the service purchased. Prices are valid only for the time they are displayed on the website and will be applicable only once the contract has been concluded. The PROVIDER reserves the right to modify the prices in the published offers at any time, but the modifications will not apply to contracts already made by the USER. The means of payment accepted will be: By credit card: VISA, MASTERCARD, MAESTRO and AMEX. The USER guarantees to the PROVIDER that they have full authorisation to use the credit card during the purchase and that the card has sufficient funds to cover all costs resulting from the purchase of products or services through onlyindianporn.one.
9. SHIPPING COSTS
Shipping costs are not applicable.
10. PAYMENT METHOD, EXPENSES AND DISCOUNTS
The PROVIDER has implemented a payment gateway for online payments. Once the payment is made, the USER will receive an email confirmation. The PROVIDER guarantees that it has no access to confidential data related to the means of payment used, and therefore does not store such data. Only the Payment Gateway has access to this data for the management of payments and collections.
11. PURCHASING PROCESS
The USER must register on the website by creating a user account. To proceed with the purchase of the product, the USER must select the product they wish to purchase. Once the product has been selected, it will be added to the shopping cart, and the USER can continue to browse the website or proceed to checkout. Once the checkout process is completed, the USER will be asked to provide personal data such as full name, email address, phone number, and billing address. The USER must verify the information provided and accept the terms and conditions of purchase. The USER can then select the preferred payment method and proceed with the payment. Upon successful payment, the USER will receive a confirmation email from the PROVIDER. The USER must keep this email as proof of purchase.
12. APPLICABLE WARRANTIES
All services offered through the website have the legal guarantee period in accordance with the current legislation. The PROVIDER is not liable for any damage caused to the USER as a result of the improper use of the products or services.
13. GUARANTEES AND RETURNS
In case of a faulty or defective product, the USER must contact the PROVIDER to report the issue and request a return. The PROVIDER will evaluate the claim and provide instructions for the return process. The USER must follow these instructions and return the product within the specified period. The PROVIDER will replace the faulty or defective product with a new one or offer a refund if a replacement is not possible. The USER must return the product in its original packaging and condition. The PROVIDER reserves the right to refuse returns that do not comply with these conditions.
14. APPLICABLE LAW AND JURISDICTION
These Conditions shall be governed by and interpreted in accordance with the laws of Spain. Any dispute arising out of or in connection with these Conditions shall be submitted to the exclusive jurisdiction of the courts of Spain. If any provision of these Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. GENERAL INFORMATION
For any inquiries or issues related to the services offered, the USER can contact the PROVIDER through the contact details provided on the website.
These General Terms and Conditions are subject to change without prior notice. The USER is advised to review these Conditions periodically to stay informed about any updates or changes. The PROVIDER reserves the right to modify or update these Conditions at any time.