General contracting conditions

Version 2.0, April 13, 2021

Notice: Please read the following document carefully. The contracting and / or acquisition of any product and / or service offered through this website is provided under the conditions listed below (hereinafter, the “General Conditions”), which must be read in conjunction with the Policy of Privacy.
MIISTICO MARKET, S.L. may occasionally modify the General Conditions, which will be binding from the moment the User accesses the website, once the changes have been published on the website for the Users. Each implementation of changes in these General Conditions of Use will be considered a new version of these.

1. DEFINITIONS
2. OBJECT
3. SERVICES
4. PROFESSIONAL HIRING THROUGH MIISTICO
5. RELATIONSHIP OF THE PROFESSIONAL WITH THE USER
6. USER OBLIGATIONS
7. MIISTICO MARKET OBLIGATIONS
8. PRICES
9. PAYMENT AND PAYMENT METHOD
10. CANCELLATION OF RESERVATIONS
11. RIGHT OF WITHDRAWAL
12. IDENTIFICATION
13. PROHIBITIONS OF USE
14. INTELLECTUAL AND INDUSTRIAL PROPERTY
15. LIABILITY AND GUARANTEES
16. SUSPENSION, EXCLUSION AND TERMINATION
17. CONTACT AND COMPLAINTS
18. DATA PROTECTION AND PRIVACY
19. DURATION
20. MISCELLANEOUS
21. JURISDICTION AND APPLICABLE LAW

  1. DEFINITIONS

In these General Conditions of Use,

“Platform” means the website (www.miistico.com) that puts mystic services professionals in contact with interested users, owned by MIISTICO MARKET, SL, which includes the accommodation space, the contents, graphics and other varied information contained in said space, accessible through a computer, mobile devices or other electronic means.

“MIISTICO MARKET” means MIISTICO MARKET, SL, with NIF number B42798348 and registered office at Carrencà, 23 1ª de Barcelona (08017) and is the company that owns the “miistico” trademark.

“General Conditions” means these General Contract Conditions.

“Privacy Policy” means the provisions of the privacy policy, which can be consulted by clicking here .

“Services” means the services provided through the Platform as they are contained in Clause 3.

“Professional (s)” means the professional of mystical services – tarot, astrology, palmistry, numerology and other techniques of personal knowledge – who provides their services to users interested in them. < / p>

“User (s)” means any natural or legal person who uses the Platform.

“Reservation (s)” means the request or hiring request made by a User with a certain Professional that has been accepted by the Professional himself within a period of twelve (12) hours from the date of the request made by the User.

1.2 In these General Conditions, unless a contrary intention appears:

The use of the singular will include the plural and vice versa.

The use of any genre includes all other genres.

Headings are used for reference only.

References to any legislation or rule include any successor legislation or rule, and are to the legislation or rules of the Kingdom of Spain unless otherwise stated.

Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression should be construed as illustrative and does not limit the meaning of the words that precede those terms.

2. OBJECT

2.1. The General Conditions regulate the relationship between MIISTICO MARKET, the company that owns the “miistico” trademark, and the User regarding the contracting and sale of the products and / or services offered by the Professionals through the Platform.

2.2. Access to the Platform and the information contained therein is free, without prejudice to access to certain content or services, and the cost derived from the connection through the telecommunications network provided by the access provider contracted by the Users.

2.3. The contracting and sale of the products and / or services offered by MIISTICO MARKET and / or the Professionals implies the acceptance of all the provisions included in these General Conditions, as they are drawn up at the time you access the Platform . In the event that the User does not agree with the General Conditions, they will not be able to contract the products and / or services offered on the Platform.

3. SERVICES

3.1. MIISTICO MARKET makes available to the User, the platform and channel “miistico” that aims to be a tool for this:

  • You can access a directory of Mystical Services Professionals and obtain information of interest about their products and / or services offered by different Professionals.
  • You can contract the services offered by the Professionals of mystical services of your interest.
  • You can receive, if you wish and express, communications with relevant information about the services offered on the Platform.

4. HIRING THE PROFESSIONAL THROUGH THE PLATFORM

4.1. The Platform offers the possibility of contracting the services of Professionals, who can provide their services in person or online, depending on the options offered by the Professional himself.

4.2. The User who wishes to proceed with the hiring of a Professional will do so through the Platform, in the modality specifically offered (session, coupon for several sessions, report, mystical objects, among others).

4.3. Once the user requests the hiring of a specific Professional, said Professional will have a period of twelve (12) hours from the request made by the User to expressly reject the provision of the service. If the request is not accepted by the Professional within said period, it will be understood that he / she rejects it. If the request is accepted, it will have the status of “Reserve”.

4.4. As soon as a request for the provision of services has been accepted by the Professional within a period of twelve (12) hours, MIISTICO MARKET will send the User an email confirming the Reservation.

4.5. MIISTICO MARKET, fully reserving the right to reject any request made by the User, will also send the appropriate communication to the User in the event that their request has been expressly or tacitly rejected (within twelve (12) hours) by the Professional. In this case, MIISTICO MARKET will offer the User the possibility of (1) scheduling the provision of services on a different date, with the same or another Professional or (2) canceling the request and receiving a full refund of the payment.

5. RELATIONSHIP OF THE PROFESSIONAL WITH THE USER

5.1. The Professional will diligently comply with the services agreed with the User through the Platform. If the User considers that the services actually provided by the Professional do not match the services described by the Professional on the Platform, the User may inform MIISTICO MARKET.

5.2. The Professional is a third party that is not part of MIISTICO MARKET and that sells, delivers and / or supplies the contracted mystical services. The contract for the provision of services (face-to-face sessions on the site indicated by the Professional or telematics) and the purchase of goods (reports, mystical objects…) will be between the Professional and the User. MIISTICO MARKET does not sell, deliver and / or supply the goods and services offered by the Professional, it only acts as a marketplace to facilitate the execution of the transaction.

5.3. The User may value the service provided or the good acquired from the Professional. Said assessment may be public (the User giving consent for it to be published on the Platform openly for any user) or private (sent exclusively to the Professional). In any case, said assessment must always be respectful, truthful and based on direct experience with the specific Professional.

6. USER OBLIGATIONS

6.1. By accepting these General Conditions, the User fully assumes the following obligations:

  1. The User is at least eighteen (18) years old.
    All the information that the User provides before hiring a service provided by the Professionals on the Platform, as well as the information provided at the time of hiring or later, it must be complete and truthful.
  2. The User must refrain from contacting the Professional by other channels or means other than the Platform.
  3. The User undertakes to respect and not attempt against or not insult the Professional during the provision of the contracted services.
  4. The User will keep their information updated so that it continues to be true, accurate and complete.
  5. The User will not carry out any action or actions that could alter or damage the physical or mental integrity of any other user or Professional, nor carry out any criminal or punishable act against another user of the Platform.
  6. The User expressly exempts MIISTICO MARKET from any liability that may arise from said acts and / or from any claim by third parties for their actions, omissions or conduct before, during and after using the Platform.
  7. The User will not make any type of statement that discredits MIISTICO MARKET, or the Platform, its services, products, managers, executives, employees, shareholders, agents, users of the web, neither on the web itself nor in any place outside the web, except as required by law or in communications that are exclusively for MIISTICO MARKET.
  8. The User agrees to communicate to MIISTICO MARKET any conflict, dissatisfaction or disagreement detected during the provision of the Professional’s services.

7. OBLIGATIONS OF MIISTICO MARKET

7.1. MIISTICO MARKET undertakes to ensure compliance with the obligations assumed by Professionals, and that they provide adequate services for Users, but without assuming any responsibility for the correct and satisfactory performance of the Reservations.

8. PRICES

8.1. The prices published on the Platform are in Euros and are valid except for typographical errors. All prices carry the Value Added Tax (VAT) included applicable on the day of the order, and other taxes that may correspond. Any change in the VAT rate will be automatically applied to the prices of the products and / or services for sale on the Platform.

8.2. Offers on products and / or services are duly marked and identified as such and, if not indicated otherwise, will be valid as long as they are displayed on the screen.

8.3. The Professional reserves the right to modify prices at any time, but the products and / or services will be billed at the price in effect at the time of placing the order.

9. PAYMENT AND PAYMENT METHOD

9.1. When formulating a request for specific services to a Professional, the User must complete the details to make the payment of the selected services.

9.2. The price stipulated by the Professional on the Platform and accepted by the User, will be charged by MIISTICO MARKET once the User expresses his desire to contract a certain service from a Professional. MIISTICO MARKET will charge the current account or means of payment designated by the User during the contracting process.

9.3. Once the payment of the Reservation has been made, it will only be returned to the User if there is a cancellation by the Professional or the Platform, in accordance with the following clause; or if the User exercise their right of withdrawal.

9.4. At the User’s request, once the service has been effectively provided by the Professional, MIISTICO MARKET will issue the corresponding invoice that will be sent by email to the User.

10. CANCELLATION OF RESERVATIONS

10.1. Once the Professional has expressly accepted a Reservation from a User, the applicable cancellation regime is as follows:

  • The User may cancel the Reservation for sessions up to twenty-four (24) hours before the date on which the contracted service is to be provided. In this case, through MIISTICO MARKET, a new date will be set for the provision of the service, within the three (3) months following the originally agreed date. The Reservation may be rescheduled, at the User’s request and whenever requested up to twenty-four (24) hours before the initially agreed date, a maximum of two (2) times.
  • The cancellation of the Reservation that takes place without respecting the minimum notice of twenty-four (24) hours will entail the full accrual of the fees agreed in the Reservation in favor of the Professional, without the right to reimburse any amount to the User.
  • The User will not be able to cancel the issuance of reports once the order has been expressly accepted by the Professional and the latter has begun to prepare the report based on the information obtained from the User.
  • The Professional may only cancel the Reservation, for exceptional reasons, with a notice of forty-eight (48) hours. In this case, through MIISTICO MARKET, a new date will be set for the provision of the service, within the three (3) months following the originally agreed date.
    In any case, if a reservation is canceled in time. On the part of the Professional, MIISTICO MARKET will offer the User the possibility of (1) scheduling the provision of services on a different date, with the same or another Professional or (2) canceling the request and receiving a full refund of the payment. MIISTICO MARKET will proceed with the refund of the amount paid by the User when making the Reservation, within seven (7) business days from the cancellation, by entering the current account from which the payment of the Reserve.
  • MIISTICO MARKET reserves the right to cancel a Reservation when it has evidence of fraud on the part of the User or the Professional, proceeding with the full refund of the payment made by the User within seven (7) business days from when cause the cancellation.

11. RIGHT OF WITHDRAWAL

11.1. The User is assisted by the right of withdrawal provided for in article 102 and following of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users. < / p>

11.2. For this purpose, in the event that sessions, session vouchers or coupons have been acquired with Professionals, the User must notify MIISTICO MARKET of their desire to terminate the service provision contract within a period of fourteen (14) calendar days from the date of the Confirmation of the Reservation, by email to [email protected]

11.3. We remind you that your decision to withdraw from the contract must be sent before the corresponding period expires. You will also find a form on the exercise of this right of withdrawal at the following link.

11.4. In the case of contracting customized reports for the User, the User will not have the right of withdrawal once the Reservation has been confirmed, in accordance with art. 103.c) of RDL 1/2007.

11.5. Once the form is received and it is verified that the conditions are really met, the money will be returned according to the form of payment that has been used.

12. IDENTIFICATION

The owner of the “miistico” Platform is MIISTICO MARKET, S.L., with NIF number B42798348 and registered office Carrencà, 23 1ª de Barcelona (08017).

13. PROHIBITIONS OF USE

13.1. The User may not use the Platform for illegal, illicit or unauthorized purposes by MIISTICO MARKET, in which case, the User will be solely responsible for such acts. For illustrative and merely illustrative purposes, these acts include:

  • The inclusion of inaccurate data or on which it has an enabling title that allows its use.
  • Infringe the rights of third parties, such as intellectual or industrial property rights. This will also include any action that involves modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works of the Platform or its content or adaptations of it, except when expressly authorized by MIISTICO MARKET.
  • Attempting to gain unauthorized access to the Platform, the computer systems or networks connected to the Platform through computer hacking, password extraction or any other means.
  • Infringe business secrets or reveal confidential information without the mandatory written authorization of the owner.
  • Use the Platform or any of its content to transmit any virus, worm, defect, Trojan horse or other computer element of a destructive nature.
    Use the Platform to violate the security of any computer network, crack passwords or codes security encryption; destabilize or interfere with their security.
  • Eliminate, evade, disable, damage or interfere with security functions of the Platform, functions that prevent or restrict the use or copying of the content of the Platform or functions that impose limitations on the use of the Platform.
  • Use the information or data obtained on the Platform to send junk emails, surveys and other mass messaging, whether it is of a commercial nature or not, or carry out any action aimed at the disclosure of the information or data collected .

14. INTELLECTUAL AND INDUSTRIAL PROPERTY

14.1. MIISTICO MARKET holds the intellectual and Industrial property rights, as the owner or licensee, over the content, design and source code of the Platform and, especially, with an enunciative, but not limiting nature, over images, texts, logos, designs , trademarks, trade names, software files, which are included in this. The User is advised that such rights are protected by the current legislation of the Kingdom of Spain and international law relating to intellectual and industrial property. In no case does access to the Platform imply any type of waiver, transmission or total or partial cession of the rights granted by Spanish and international legislation on intellectual and industrial property.

14.2. Any use by third parties of the same or of any similar identifying sign that may lead to confusion about its origin or ownership is expressly prohibited, without prior written authorization from MIISTICO MARKET, requested by the channels enabled in Clause 17.

14.3. The reproduction, distribution, transformation and public communication, including the method of making them available, of all or part of the Contents of the Platform, for commercial purposes, in any medium or by any technical means, without the express authorization of MIISTICO MARKET.

14.4. The User undertakes to use the contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from deleting, evading or manipulating the “copyright” and other data identifying the rights of MIISTICO MARKET or its collaborators or their owners incorporated into the content, as well as the technical protection devices or any information mechanisms that may be included in the content.

14.5. MIISTICO MARKET informs that it does not grant any implicit license or authorization on intellectual and / or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the Platform.

15. LIABILITY AND GUARANTEES

15.1. The Platform is provided “as is” and “as available”. MIISTICO MARKET does not offer any warranty or representation, express or implicit, regarding the Platform: including, but not limited to, (i) the absence of errors in said content; (ii) the presence of viruses or other harmful components on the Platform or on the server that supplies it; (iii) the invulnerability of the Platform or the impossibility of violating the security measures adopted for it; (iv) the lack of usefulness or performance of the contents of the Platform; (v) the loss of information included in the Platform; (vi) the inability to access the Platform; (vii) the damages caused, as well as to a third party, by any person who violates the conditions, rules and instructions that MIISTICO MARKET establishes on the Platform or through the violation of the Platform’s security systems.

15.2. MIISTICO MARKET does not guarantee that the Platform will meet your needs or that it is free of interruptions, presented in a timely manner, safe or free of errors, without prejudice to making its best efforts to do so and having adopted all the necessary measures, within its possibilities and the state of the art, for the correct functioning of the Platform, as well as to reduce operating errors from a technical point of view.

15.3. MIISTICO MARKET, although it will use its greatest diligence and its experience, does not guarantee the accuracy or exhaustive or total verification of the information contained in the Platform, therefore it is not responsible for its precision, compatibility or reliability, especially that which is implemented by / or obtained from third parties, so it is not responsible for any damages that may be caused or derived from the use of this. If, as a User, you become aware of the existence of illegal, illicit, law or moral content, please contact MIISTICO MARKET through the communication channels established in Clause 17.

15.4. MIISTICO MARKET does not guarantee the adequacy of the Platform to the needs or expectations of the Users.

15.5. MIISTICO MARKET will not be liable to the User for (i) any loss of profit, sales, business or income, (ii) business interruption, (iii) loss of anticipated savings, (iv) loss of business opportunities, (v ) goodwill or reputation, or (v) any indirect or significant damage or loss.

15.6. MIISTICO MARKET, will not be responsible to the User for the software, programs, content or hyperlinks of third parties. The User understands that said third party programs, softwares, content or hyperlinks are governed solely and exclusively according to the conditions of said third parties.

15.7. MIISTICO MARKET cannot guarantee the day or time of response to any email, telephone contact, written message or communication through the Platform. MIISTICO MARKET assumes no responsibility for any failure or delay resulting from any matter beyond the reasonable control of MIISTICO MARKET.

15.8. In any case, MIISTICO MARKET’s liability that may derive directly or indirectly from any breach of its commitments or, in general, from the operation of the Platform, will be limited to cases of fraud.

15.9. The User who includes data from a third party, must previously have obtained their express informed consent.

15.10. The User is solely responsible for the veracity of the data that he registers through the Platform, obliging himself in any case to keep the aforementioned data updated.

15.11. MIISTICO MARKET will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed in these General Conditions, when it is due to events that are beyond its reasonable control (“Force Majeure Cause”). The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond the reasonable control of MIISTICO MARKET and among others, the following: (1). Strikes, lockouts or other industrial action. (2) Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war. (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster. (4) Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private. (5) Impossibility of using public or private telecommunications systems. (6) Acts, decrees, legislation, regulations or restrictions of any government or public authority. It will be understood that the obligations will be suspended during the period in which the Force Majeure Cause continues, and that MIISTICO MARKET will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Cause. MIISTICO MARKET will use all reasonable means to end the Force Majeure Cause or to find a solution that allows it to comply with its obligations despite the Force Majeure Cause.

15.12. MIISTICO MARKET does not guarantee that the reservation is complete, adequate for its purpose or legal, being exempt from any responsibility for the quality, security, usability or any other aspect of the reservation. MIISTICO MARKET is not responsible for any loss or damage, direct or indirect, including lost profits, that the User of the reservation may suffer.

15.13. Where appropriate, the User must take the corresponding actions directly against the Professional to respond for damages of any kind that the User or third parties may suffer, directly or indirectly, as a result of non-compliance with current regulations or any of the Obligations derived from these General Conditions during the provision of the services agreed with the Professional.

16. SUSPENSION, EXCLUSION AND TERMINATION

16.1. MIISTICO MARKET reserves the right to suspend or interrupt the Platform, or suspend or exclude Users in the event that they engage in the conducts contained in Clause 13 or fail to comply with the obligations stipulated in clause 6.

17. CONTACT AND CLAIMS

17.1. Any complaint or claim, communication, notification should be addressed to MIISTICO MARKET, sending an email to [email protected] or using the WhatsApp button / complement available on the Platform to contact us.

18. DATA PROTECTION AND PRIVACY

MIISTICO MARKET undertakes to comply with the applicable data protection regulations. The Client can consult detailed information about the treatment of their data in the Privacy Policy.

19. DURATION

These General Conditions will have an indefinite duration, as well as the User’s registration (as long as MIISTICO MARKET continues to provide the Services), unless terminated by the latter, in accordance with the procedures set out in these General Conditions.

20. MISCELLANEOUS

21.1. If any of the clauses included in these General Conditions is declared, totally or partially, null or ineffective by any court with competent jurisdiction, the rest will not be affected, continuing in full force and effect.

21.2. All the exemptions, exclusions and, where appropriate, compensation established in the General Conditions will remain in force after the end of the relationship, for any reason.

21.3. The absence of individual or partial exercise, or the lack or delay in the exercise of any right, power or resource by MIISTICO MARKET will not constitute resignation on its part nor will it exclude or impair any other exercise of right, power or resource that arises under these General Conditions.

21.4. MIISTICO MARKET reserves the freedom to assign the General Conditions to any association or third party without the need for prior consent of the Users.

21.5. The User by virtue of the General Conditions may not assign, transfer or transfer any of their rights, without the prior written consent of MIISTICO MARKET.

21.6. In compliance with the provisions of European Union Regulation 524/2013, of May 21, 2013, on online dispute resolution in consumer matters, we inform you that the European Commission has established at your disposal an online platform for the extrajudicial resolution of conflicts online, which is available at the following link: http://ec.europa.eu/consumers/odr. This platform may not be available for all countries.

22. JURISDICTION AND APPLICABLE LAW

The General Conditions of the Platform and the relations between the user and MIISTICO MARKET will be governed by Spanish legislation and jurisdiction. To know any discrepancy that may arise between the User and MIISTICO MARKET, both parties submit to the Courts and Tribunals of the consumer’s domicile.

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