Sign In

Terms & Conditions

The ownership of this Cardby website (hereinafter Website) is held by: , and whose contact details are:

Address: Av/ Patrimonio de la Humanidad No. 6, 05004 Ávila

Contact telephone number: 671414167

Contact email: support@cardby.es

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (Cardby) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that https://cardby.es carries out through the Website includes:

Online membership management software

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of https://cardby.es. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of this, you should not use this Website.

Likewise, you are informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those that are in force at the time when the acquisition of products and/or services is requested will be applicable.

For any questions the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

The user

Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment navigation on the Website begins, all the Conditions established herein are accepted, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

  • Using this Website only to make legally valid inquiries and purchases or acquisitions.
  • Not making any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it could be cancelled and the relevant authorities would be informed.
  • Providing truthful and lawful contact information, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).
  • The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The User may, at his/her discretion, formalize with https://cardby.es the contract of sale of the desired products and/or services in any of the languages ​​in which these Conditions are available on this Website.

Purchase or acquisition process

Duly registered Users can purchase on the Website by the established means and methods. They must follow the Cardby online purchasing and/or acquisition procedure, during which various products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “Create Account”

Likewise, the User must fill out and/or check the information requested at each step, although, during the purchasing process, before making the payment, the purchase details can be modified.

Once the purchasing procedure has concluded, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where appropriate, through their personal connection space to the Website. Likewise, the User may, if they so wish, obtain a copy of their invoice in paper form, by requesting it from https://cardby.es using the contact spaces on the Website or through the contact details provided above.

The User acknowledges that he/she is aware, at the time of purchase, of certain specific conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where applicable, image of it on its page of the Website, indicating, by way of example, but not exhaustively, and depending on each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that placing the purchase order or acquisition materialises the full and complete acceptance of the specific conditions of sale applicable to each case.

Communications, purchase orders and payments involved in transactions made on the Website may be archived and kept in the computerized records of https://cardby.es in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

Plan changes

Currently, users will only be able to make plan changes to upgrade to a higher plan. Downgrading to lower-tier plans is not allowed at this time. If you wish to upgrade your plan, you can do so at any time from your account settings. For more information or assistance, please contact our support team.

Prices & payments

The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially in relation to VAT.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted payment methods will be: Credit or debit card

https://cardby.es uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorizations by the bank issuing them. If said entity does not authorize the payment, https://cardby.es will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.

Once https://cardby.es receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the shipping confirmation and/or confirmation of the service provided in the manner and, where applicable, at the established place.

In any case, by clicking on “Create Account” the User confirms that the payment method used is his/her own.

Disclaimer

Unless otherwise provided by law, https://cardby.es will not accept any liability for the following losses, regardless of their origin:

any losses that were not attributable to any breach on its part;

business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenditure); or

any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was entered into between the parties.

Likewise, https://cardby.es also limits its liability in the following cases:

https://cardby.es applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for the minimal differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.

Technical failures that, for fortuitous or other reasons, prevent the normal operation of the service via the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. https://cardby.es makes every effort to carry out the purchase, payment and shipping/delivery process of the products, however it is exempt from liability for causes that are not attributable to it, such as fortuitous events or force majeure.

https://cardby.es will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, https://cardby.es will not be held responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.

In general, https://cardby.es will not be liable for any failure or delay in the performance of any of its obligations, when this is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:

  • Strikes, lockouts or other protest measures.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Inability to use trains, ships, airplanes, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and https://cardby.es will have an extension in the period to comply with them for a period of time equal to the duration of the cause of force majeure. https://cardby.es will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.

Communications and notifications

By using this Website, the User agrees that most communications with https://cardby.es are electronic (email or notices posted on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that https://cardby.es sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User may send notifications and/or communicate with https://cardby.es through the contact information provided in these Conditions and, where applicable, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, https://cardby.es may contact and/or notify the User by email or at the postal address provided.

Resignation

No waiver by https://cardby.es of any specific right or legal action or failure by https://cardby.es to require strict performance by the User of any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by https://cardby.es of any of these Conditions or of the rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

Nullity

If any of these Conditions were declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by said declaration of nullity.

Complete agreement

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and https://cardby.es in relation to the subject matter of the sale and replace any other previous agreement, understanding or promise agreed verbally or in writing by the same parties.

The User and https://cardby.es acknowledge that they have agreed to enter into a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

Data protection

Any personal information or data that the User provides to https://cardby.es during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.

Applicable legislation and jurisdiction

Access, navigation and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement that arises or is related to access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between https://cardby.es and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

Complaints and claims

The User may send his/her complaints, claims or any other comment he/she wishes to make to https://cardby.es using the contact details provided at the beginning of these Conditions (General Information).

Furthermore, if a dispute arises from the conclusion of this purchase contract between https://cardby.es and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.

Refunds

All sales made through our platform are final. We do not offer refunds or exchanges for any products or services purchased, except as required by law or under extraordinary circumstances as determined by us in our sole discretion.

By completing a purchase, you agree that:

  1. Non-Refundable Purchases: Once a product or service is purchased, it cannot be refunded or exchanged, including but not limited to:
    • Digital products, subscriptions, and downloadable content.
    • Any service fees or membership fees.
  2. Disputes: If you believe there has been an error in billing or if you have any other concerns regarding your purchase, please contact our customer service within 14 days of the transaction.

By proceeding with a purchase, you acknowledge that you have read and agree to this No Refund Policy.