CONTRACTING CONDITIONS FOR SELLERS of mesquemaigava.cat Comerç de Gavà

1.-Introduction.
More than ever Gavà trade, it is a non-profit service of the City Council of Gavà, with the purpose of promoting the trade of Gavà, during the period of confinement due to COVID'19. This service allows Gavà merchants to include offers of their products/services for direct sale through the website mesquemaigava.cat.

2.-General information and web ownership
2.1.-The website mesquemaigava.cat is owned by THE CITY COUNCIL OF GAVÀ, with address at Plaça de Jaume Balmes s/n, 08850 Gavà and with CIF P-0808800-G. The email of our Citizen Service regarding data is dpd@gava.cat, where you can contact us at any time and we will be at your disposal to assist you as soon as possible.

With reference to the content of these conditions of use, the status of Seller is acquired by being a Gavà business and proceeding with the registration and subsequent use and promotion of discount vouchers on the mesquemaigava.cat website.

2.2.-By using this website, the Seller gives his consent to be bound by these Conditions and by all the aforementioned, so if he does not agree with all this, he must not make his registration and therefore, do not use this website. This document (as well as any other document mentioned here) regulates the conditions (hereinafter, Conditions) governing the use of this website mesquemaigava.cat by the merchant sellers. In addition to reading these Conditions, before accessing, browsing and/or using the website, the Seller must have read the Legal Notice and the General Conditions of Use, including, the cookies policy, and the privacy and data protection policy of mesquemaigava.cat.

2.3.-However, it is reported that these Conditions could be modified. The User or business is responsible for consulting them every time they access, browse and/or use the website, since those that are in force at the time when information is requested regarding one of the products or services of the website will be applicable. Any new version of the latter will be indicated beforehand. In the event that any of the terms of the General Conditions of Use is declared illegal or unenforceable by a court decision, the rest of the provisions will remain in force. For all questions that the User or business may have in relation to the Conditions, they can contact the owner using the contact details provided above.

2.4.- This portal is the property of the AJUNTAMENT DE GAVÀ. Exclusively, the offering professionals are authorized to publish on the mesquemaigava.cat portal the products or services particular to the municipality.

3.- Acceptance of the contracting conditions by the sellers
‍The conditions of contracting by sellers will be applicable when accepting them by checking the box “I have read and accept the contracting conditions for sellers, of the Register your business form”. These conditions of contracting by sellers are formed by:
- The present conditions.
- The legal notice.
- Privacy policy.
- Cookies policy.
- General conditions of sale.
All these conditions are an integral part of the conditions of contracting by the sellers, therefore, accepting the conditions of contracting by the sellers, you are expressly accepting all the conditions mentioned.

4.- Scope of application
These conditions will apply to the merchant who puts the vouchers of his products and/or services for sale on the website mesquemaigava.cat, from the moment he accepts the conditions of contracting by the sellers and registers as a seller through the form: Register your business.

5.- Registration of the merchant seller to put vouchers for sale
5.1.- Traders who wish to register an offer must register in advance. The sellers will receive the income from the sales, directly from the buyer through the platform paypal.me (The City Council of Gavà does not intervene directly in this process). For this reason, before registering, the seller must generate a Paypal payment link so that the buyer can access it and make the purchase (you can follow the instructions to generate the Paypal link in the video on the page: Register your business). Registration, which will allow you to participate in the platform, must be done by entering the following data:
- Title of the offer/ gift voucher.
- Expiration date of the offer.
- Description of the offer.
- Name of the business.
- Category of the business.
- Uncontact email.
- Description of the business.
- Address of the business.
- Business website.
- Contact phone.
- Image of the offer.
- Paypal link.
- Offer price or gift voucher.
- Acceptance of the contracting conditions by the sellers.
- Send.

5.2.-The merchant seller is responsible for the veracity of the information used for the registration and declares that he is the owner of the data. In the event that the merchant communicates data of third parties, accepting these conditions, he declares that he has the express consent of the owner of the data, to transfer them to the City Council, entering them on this platform

6.- Conditions of the sellers to publish the offers
‍6.1.- Each trade may have a maximum of 2 active offers. By announcing an offer, the owner of the store undertakes and accepts responsibility: for the accuracy, content and legality of the article/voucher/offer published and at the same time, to keep up-to-date the information of the product or service for sale.

6.2.- The City Council may remove, modify or block, at its discretion, the contents that do not comply with the conditions established on this website.

7.- Sales process
7.1.- When the merchant makes a sale, he will receive an email notification and confirmation of the offer from the Paypal payment platform, with the amount and the customer's data. For its part, the customer will also receive an email confirming the payment. We recommend that merchants make a list of customers who buy vouchers from them indicating the amount and the offer they have purchased.

7.2.- The merchant will receive, from the sales made, the amount of the coupon, less the commissions applied by the Paypal payment platform. Payment data is managed directly by the Paypal platform. The City Council will not have access to the bank/card details linked to the means of payment and does not know or record these data at any time. The City Council will not have any responsibility for the payment and/or collection of the offers published on this website.

8.- Obligations and responsibility of the selling merchant
8.1.- The merchant undertakes to redeem the voucher to the buyer, provided that its date has not expired and for the total amount of the coupon. If the user buys, for example, a voucher for an amount of €20, the business will have to exchange it for a net amount of €20, despite having to assume the expenses of the payment gateway of the PayPal platform. The date of the promotional voucher indicates the maximum date of consumption of the voucher by the customer. If this is presented to the establishment with the expired voucher, the merchant will be the one who will decide whether or not to redeem the voucher.

8.2.- The seller is responsible to the customer for the sale of its products and/or services and for offering assistance to the customer in any claims or incidents that may arise from a purchase-sale. You will also be responsible for any breach on your part, arising from the voucher or any other situation that damages enforceable. Gavà City Council, as it does not act directly in the purchase and sale of the voucher, has no legal responsibility for the voucher, the transaction and/or the relationship between the business and the customer.

8.3.- The owner of the selling business undertakes to provide the documentation that the City Council may require, at any time, regarding the veracity of the information it offers regarding the ownership, conditions and information of the business. The owner of the business also undertakes not to add any unauthorized illegal content to the web space, such as information that has the following characteristics:
• That it is false or misleading;
• That infringes any rights of the City Council or any third party, such as copyright, trademarks or other intellectual and industrial property rights or other related rights;
• That violates the privacy of a third party, such as publishing personal data of participants, such as name, address, telephone number, email, photographs or any other personal information;
• That it contains viruses, Trojans, robots or other programs that may harm the website or the systems of the City Council or the web space or the system of any third party, or that intend to circumvent the technical measures designed for the correct functioning of the platform;
• That they intend to send spam to users or overload the system;
• That has the character of message chain, pyramid game or game of chance;
• That it is not in conformity with public decency; consequently, the content must not incite hatred, discriminate, threaten, provoke, or have a sense of sexual, violent, rude, or offensive character;
• That violates the law or an applicable regulation; that creates multiple users pretending to be different people (astrourfing).

8.4.- The City Council reserves the right to remove from the platform More than ever Gavà, information, comments, proposals or files that contradict the conditions/policies established on this platform, and may install filters for this purpose. All this will be done solely with the aim of preserving the fundamental objective of the platform More than ever Gavà.

The City Council also reserves the power - without prior notice - to temporarily or permanently suspend the offers of a business, deactivate its account in any way, delete its content, delete the account or send a notice, in particular, and without limitation, in the event that there may be a violation of the established conditions/policies of More than MaiGavà or If the City Council believes that the activity is harmful to others, to the website or to the City Council. The owner of the business is responsible for the content of its offers of products/services and for damages or claims of third parties that may arise.

In no case will the City Council be responsible for the improper use of the site, the platform or the offers of the products/services that are published, nor for the results derived therefrom. In the event that the content includes a link to another website, the City Council assumes no responsibility for damages and/or losses due to access to the contents of this link, nor for the content that may be contained in this link. In the event of a dispute of any kind or for any reason between the participants or in a third party, the City Council is exempt from all liability for claims, demands or damages of any nature that are in any way related to such dispute.
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9.- Modification of the seller's contracting conditions.
The City Council reserves the right to modify, at any time, these conditions of contracting by sellers. Sellers will have access to these conditions of sale, in an accessible way for the queries they wish to make. The contracting conditions of the sellers, in force at all times, will be a preliminary and indispensable step to put up for sale any offer of a product and/or service. If the merchant still has the offer of a product or service in force, before the date of entry into force of the new conditions, the merchant may choose to cancel the offer at any time. Otherwise, it will be understood that you accept the new contract conditions.


Last Updated: 02-06-2020