1.1 This document ("Particular Conditions") establishes the additional terms and conditions that regulate the relationship between Auctane, S.L.U. ("Packlink PRO") and any Registered User that signs up for the subscription service (the "Service").
- Particular Conditions.
- Terms and Conditions; and
2. Service scope and limitations
2.1 The Service’s functions, prices and transport carriers are available via the following link.
The prices, functions and number of Transport Carriers available via the service are subject to change over time.
2.2 The Service will be available to all Registered Users, who must accept these Particular Conditions in order to use said service (the "Subscriber"). Through the Service, the Subscriber states and guarantees that they are of legal age, fully able and competent to accept and comply with these Particular Conditions.
2.3 To avoid any doubts, the Registered User relationship is independent and autonomous from that resulting from use of the Service. Thus, cancelling subscription to the Service does not mean that you will lose your status as a Registered User.
2.4 Packlink PRO provides the Service to Registered Users so that they may use it and, consequently, unauthorised third-party access is strictly prohibited.
3. Access to the service and subscription
3.1 The Service is contracted via a subscription, by signing up to a monthly subscription plan.
3.2 The cost of the subscription plan is shown in local currency and, unless expressly indicated otherwise, includes all applicable taxes.
3.3 The Service is contracted upon advance payment of the full amount for the monthly subscription plan.
3.4 To initiate the subscription process, the Registered User must log into the Website. Once the Registered User has accessed their account with their User details, they may select the subscription plan they are interested in from their private area on the Website.
3.5 Then, once the subscription plan has been selected, the Registered User will be directed to a new page, where they must enter their billing and payment details, and where they can see all items included in their subscription, in order to identify any errors and, if applicable, correct them.
3.6 If the details entered are correct and the Registered User does not need to correct any item, they may complete the subscription process by confirming the subscription and accepting these Particular Conditions, which form the contract between the Subscriber and Packlink PRO. Once the subscription process has been completed a confirmation message will appear before the Subscriber who, additionally, will receive an email confirmation and your payment method will be charged.
3.7 The subscription will be activated once the payment has been completed via the methods or channels offered at any given time. In the event payment via bank card is offered, the Subscriber must be the card holder of the payment method used, or have gained authorisation from the card holder, not exceeding any limits that, if applicable, may have been established by the issuer, and the Subscriber will be held solely responsible for consequences of non-compliance of the provisions herein.
3.8 The Subscriber must provide correct and accurate data both when signing up as a Registered User and when formalising their subscription, and keep this data up-to-date. They will be solely responsible for any costs or expenses incurred in the event of non-compliance with the above.
3.9 The subscription plan is subject to automatic renewal, for periods equal to the contracted time, except if the holder cancels the subscription before the renewal date from their private area. The Subscriber may, at any time, review the date of their next renewal form their private area on the Website.
4. Withdrawal and cancellation
4.1 Irrespective of the option to cancel the service in accordance with that established later in this clause, the Subscriber has the right to withdraw from the subscription entered into, without any need for justification, within a period of fourteen (14) calendar days from the date of subscription formalisation.
4.2 The right to withdraw will expire from the moment the Subscriber uses the Service for the first time, using any one of the Service’s functions.
4.3 To exercise the right to withdrawal, the Subscriber mut inform Packlink PRO of their decision to withdraw from the subscription by making a clear statement via the following link.
4.4 The statement mentioned in the previous paragraph must contain the reference for the contracted subscription reference in relation to which the right to withdraw is being exercised. The Subscriber may, at his discretion, use the model that we provide as Appendix I.
4.5 Notwithstanding their previously mentioned right to withdrawal, once the subscription has started, it may be cancelled at any time by the Subscriber. However, Packlink PRO will not refund the amount for the month paid by the Subscriber in which they cancelled the subscription.
4.6 The option to cancel the subscription will be available alongside the details of the subscription plan in the Subscriber’s private area on the Website.
4.7 In the event that the subscription is cancelled before the end of the month in question, the Subscriber can continue enjoying the Service until the end of the month.
5. Rules of use
5.1 Use of the Service remains subject to the Subscriber’s compliance with and respect for the rules of use. Thus, the Subscriber assumes liability for any non-compliance with these rules of use.
5.2 The Subscriber agrees not to access the Service by any means other than Website and to keep their credentials confidential.
5.3 The Subscriber commits to using the Service appropriately and to not using it for purposes that are illicit, illegal or contrary to good faith and public policy.
5.4 The Subscriber will be prohibited from carrying out any of the following actions: (i) selling, reselling, licensing, sublicensing, renting, leasing or distributing the Service, including it as a service or outsourced arrangement or allowing third parties to use the Service; (ii) copying or reproducing any part, feature, function or user interface of the Service; (iii) hindering or disrupting the Service’s integrity or performance; (iv) using the Service to interfere with or damage Packlink’s or third party’s systems or settings;(v) accessing and using the Service to create a product or service in violation of unfair competition rules; (vi) carrying out reverse engineering; or (vii) using or applying any technical, logistical or technological resources by virtue of which unauthorised users may benefit, directly or indirectly, with or without profit, from unauthorised use of the Service.
5.5 Packlink PRO reserves the right to suspend use of the Service, temporarily or permanently, in the event of unauthorised use, or suspected unauthorised use of said Service, whether for infringing on that established in these Particular Conditions or other reasons.
6. Applicable law and dispute resolution
6.1 The Particular Conditions are governed by Spanish law, which is applicable in all matters not provided for in these Particular Conditions relating to interpretation, validity and execution. Packlink PRO and Subscribers are subject to the Courts and Tribunals that have jurisdiction in accordance with Spanish legislation.
6.2 Additionally, the Users will have the option to access the European Commission’s online dispute resolution platform at any time, via this link.
APPENDIX I: WITHDRAWAL STATEMENT TEMPLATE (TO COMPLETE AND SEND IN THE EVENT THAT THE SUBSCRIBER WISHES TO WITHDRAW FROM THEIR SUBSCRIPTION WITH PACKLINK PRO)
For the attention of Auctane, S.L.U., with registered offices at C/ Amaltea, 9 28045 Madrid.
I hereby inform you that I am withdrawing from my subscription contract, the details of which can be found below:
– Plan Number (*).
– Date the Plan was contracted (*).
– Subscriber Name (*).
– Subscriber email (*).
(*) mandatory fields.