TERMS AND CONDITIONS OF PURCHASE
1. General information
SUMACA INVEX S.L.U. (hereinafter referred to as the “Company”), tax ID (CIF) number B40553372, with offices located at Calle Sagasta 30, 7 Drcha, Puerta 34, 28004 – Madrid (Spain), and registered with the , is the owner of byevisa.com (hereinafter referred to as the “Website”).
These terms and conditions of purchase (hereinafter referred to as “Terms of Purchase”) govern the purchase of a service provided to the users (hereinafter referred to as the “User”) by the Company. Such service consists of telematically managing and processing the User’s visitor visa application with certain governments, which allows the User to obtain, if approved, the visa already issued by such governments (hereinafter referred to as the “Service”).
These Terms of Purchase are available to all the Website Users at https://www.byevisa.com/terms-of-use totally free of charge.
If the User wishes to contact the Company for any question or problem regarding the Website or the respective Service, they can reach the Company at email@example.com or at the abovementioned postal address.
2. Process for the online purchase of the Service
2.1. Registration process on the Website to use the Service
The registration on the Website to purchase the Service is not permitted for people lacking full legal capacity nor people under the age of 18 who are not duly authorised by their parents or legal guardians, with the exception of those who are emancipated.
If the User makes any mistake while entering information when requesting the Service offered on the Website, such mistake can be found and corrected before completing the registration, or after it by sending an email at firstname.lastname@example.org. Please note that it is important that you check the information you are entering and correct any mistakes before finishing the registration.
2.2. Details on the process for the online purchase of the Service
The contract between the Company and the User shall be concluded upon the completion of the Service request process on the Website by the User. The User acknowledges that the follow-up of the request and the entering of all the requested information, along with the ticking of the relevant acceptance box of these Terms of Purchase, expressly represent that the User has read and is willing to accept such terms.
Therefore, the purchase process is done electronically on the Website. The complete process that the User who wishes to purchase the service must follow is described below:
- Once the User has entered the Website, they must select the Service application option and check its description as well as its characteristics, conditions and final price.
- Then, the User must introduce the requested personal information and start the application process on the Website by clicking on the “Apply” button.
- Once the online purchase of the Service is finished, a summary of the requested Service will be displayed on the screen, although the User will automatically receive an email confirming that the Service has been successfully purchased. Such email will show the purchase of the Service and its characteristics. Should the User not receive such email, they must check their “Spam” folder and should it not be bound in said folder, the User must contact the Company at the earliest possible time so that the problem can be solved.
Unless otherwise stated, English shall be the language in which the registration and purchase process is conducted and in which this contract is concluded and entered into.
2.3. Price of the Service provided through the Website and payment method
All the prices shown on the Website are final prices of the Service, which means all applicable fees and taxes are included. Should the final prices change due to applicable increases or discounts, expenses charged to the User or additional expenses for the purchase of additional products or services, payment methods, etc., all these amounts shall be displayed in a price breakdown before payment during the purchase process.
2.3.1. Information about the price of the Service
The purchase of the Service on this Website shall be made through the payment of a fixed management fee plus the official fees set by the government issuing the visitor visa which is applied for through the Service, as well as all taxes and fees derived thereof. Such payment shall be debited from the User’s account upon the registration of the payment card/PayPal account and the purchase of the Service, which can be temporarily replaced by special or promotional prices.
Therefore, the User agrees that the Service shall be purchased upon the making of such payment.
In order to make such payment, the User shall follow all the steps indicated when purchasing the Service by providing the following information:
- Name of card holder
- Type of card
- Card number
- Expiration date or any other information that is requested during the purchasing process
- In case of PayPal payment method, PayPal account information.
The User agrees not to provide false information, including names, addresses or contact or payment details. The User also agrees not to engage in any illegal activities connected to the purchase and not to allow others to engage in such activities.
Detailed information about the price of the Service, including taxes and fees, can be found during the application process.
Upon the purchase of the Service, the User gives their express consent for the Company’s partners or third party suppliers to store their payment information to manage such payment.
The User shall pay for the Service by making a one-time payment of the appropriate price upon registration. Such price shall be determined when the contract is entered into with the User in line with the abovementioned prices.
The User agrees to pay all fees applicable to the requested Service, plus all the fees related to such Service in line with the price list displayed when entering into the contract.
2.4. Right of withdrawal and refunds
Pursuant to the legislation in force governing consumers and users, the User may, without any penalty and without giving any reason, exercise the right of withdrawal within fourteen (14) natural days to be counted as of the date of the purchase of the Service by using the form exhibited in Appendix 1 of these Terms of Purchase.
In the event that the User exercises the right of withdrawal after the Company has submitted their visa application before the relevant government, the service will be deemed to have been performed and therefore, such right of withdrawal shall not be exercised pursuant to the exception prescribed in Section 103.a) of the Royal Decree Law 1/2007 dated 16th November which approves the restated text of the General Law for the Defence of Consumers of Users and other supplementary laws (hereinafter referred to as “LGDCU”.)
In order to exercise the right of withdrawal, the User shall state their intention by sending a clear email to the email address specified in these Terms of Purchase, indicating:
- User’s name and surname
- Email address used for the purchase
All refunds shall be made through the same payment method used by the User when performing the transaction. In the event that the payment method has been cancelled, has expired or has lost its validity for any reason, the User shall inform the Company of such situation by sending an email to email@example.com. Otherwise, the Company shall bear no responsibility for such refund and the User shall contact their banking institution or payment service provider to process such refund.
The refund shall be deemed to have been made if the User does not refuse it within fourteen (14) natural days to be counted as of the date of receipt. The exercise of the right of withdrawal shall terminate the obligations of to the User regarding the withdrawn Service.
In the event that the User starts using the Service during the withdrawal period, the User shall pay an amount of money equal to the portion of the Service accrued at the moment in which the User has informed about their withdrawal, in relation to the total cost of the Service.
3. Modification of the Terms of Purchase
The Company reserves the right to unilaterally modify these Terms of Purchase at any time. All modifications to the Terms of Purchase shall be published on the Website. The User shall be subject to that version of this document that they accepted when purchasing the Service.
These Terms of Purchase shall be in full force and effect as of the date stated at the end of the document.
4. Liability for the content and representations of
The information displayed on the Website is provided for informational purposes only and has been obtained from the third parties who own that information. The Company always uses its best endeavours to provide accurate and updated information on the Website, but it shall not be liable for the accuracy, relevance, integrity or authenticity of the information provided.
All the photographs, texts, graphics, information and all the content and features displayed which show the Service on the Website are for illustration purposes only, consequently they may vary. The Company also reserves the right to limit the availability of the Service, to establish or introduce limitations or conditions to offer coupons, promotional codes or other applicable discounts, to prevent the User from making certain transactions by virtue of these Terms and not to offer products or Services to every User.
5. Liability for the purchasing process and the provision of the Service
Both the User and the Company undertake to comply with their legal and contractual obligations arising from these Terms of Purchase.
The Company shall not be held liable for the Service and the Website becoming unavailable as a result of force majeure events, theft, loss of or mistakes with the information provided by the User.
The Company will use its best endeavours to keep the Website and the Service available unless it becomes unavailable or its performance becomes poor due to the following causes:
- Temporary inactivity or unavailability of the Website or the Service due to its updating or technical maintenance, which shall be informed in advance and at the shortest time possible on the Website.
- Causes beyond the control of the Company, such as force majeure events, problems with Internet access, technological problems, acts and omissions of third parties, etc.
In the event of the closing or suspension of the Website due to causes which are non-attributable to the Company, and whenever possible, the User shall be informed of the transfer of the Service to a new domain name. In such a case, only the provisions of these Terms of Purchase regarding the domain name in which the Website is still active shall be modified.
The Company shall not represent any User nor be held liable for any User. Consequently, the User agrees to indemnify and hold harmless for any dispute or liability arising from the relationship between the Users.
6. Effectiveness of the Terms of Purchase
In the event that the Service purchasing process finishes, these Terms of Purchase are binding upon the Company and the User as of the moment they were accepted. The section headings appearing in these Terms of Purchase are inserted only for information purposes and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
Any section or provision of these Terms of Purchase which is held to be illegal, invalid or unenforceable shall be removed from such terms and shall be inapplicable to the extent of its illegality, unenforceability or invalidity, and shall be replaced by that which is the most similar to the previous one. However, such illegal, invalid or unenforceable section or provision shall not have an impact on the other provisions, which shall remain in full force and effect.
7. Term and Termination
These Terms of Purchase shall be in full force and effect until the visitor visa requested through the Service is granted or rejected, or until the Service is terminated for any of the reasons set forth in these Terms of Purchase.
The Company reserves the right to terminate the contract arising from these Terms of Purchase by not providing the Service requested, at any time and for any reason. The reasons for the immediate discontinuation of the provision of the Service include, without limitation: (i) failure to comply with these Terms of Purchase, (ii) the User causes the Company to bear legal risk or liability; (iii) the User’s account has to be deleted due to the User’s wrongful conduct; (iv) the User’s account has to be deleted due to the User’s long inactivity or (v) the provision of the Service becomes commercially unfeasible.
The Company represents that it will use all reasonable endeavours to notify the User of the termination and discontinuation of the provision of the Service through the email address associated with the User’s Service request.
8. Applicable law
Unless otherwise prescribed by the applicable law, any dispute regarding the Website or the purchase of the Service governed by these Terms of Purchase shall be settled under the laws of Spain. The parties expressly waive any other jurisdiction which may correspond to them and submit any action, proceeding or claim arising from or related to the use of the Website and the Service to the Courts of the city of Madrid (Spain), unless the User is regarded as a consumer and user in accordance with LGDCU, in which case the Courts corresponding to the User’s domicile shall have jurisdiction.
Notwithstanding the foregoing, in the case of disputes regarding online purchase, we inform you that the European Commission provides the users with an online dispute resolution platform for matters regarding consumers, to which you can have access through the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
Last updated: 17/12/2019
APPENDIX I – Sample Withdrawal Form
To SUMACA INVEX S.L.U. (the “Company”), with offices at Calle Sagasta 30, 7 Drcha, Puerta 34, 28004 – Madrid (Spain), firstname.lastname@example.org
I/we hereby give notice that I/we withdraw from the contract concluded with for the purchase of the visitor visa management service requested on [Date on which the service was requested.]
[Write full name, email address and domicile of the person exercising the right of withdrawal]
-Signature (only if the form is presented in paper form)