This contractual document will govern the General Conditions for contracting products or services (hereinafter,
«Conditions») through the website virtualrealgay.com, owned by , hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions can be modified at any time. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.
The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.
And on the other part, the USER, registered on the website by means of a user name and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.
The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.
The contractual trade relationship involves the delivery of a specific product or service, in exchange for a certain price which is publicly displayed on the website.
The USER selects an email and password, committing to use them diligently and to not make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to immediately block them.
Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
The PROVIDER will not ship any order or activate any service until it has been verified that payment has been made.
As the order does not involve the physical delivery of any product, but rather a service downloaded or activated directly from the website, the PROVIDER will inform the USER in advance on the steps to take to perform this download or activation, making available to users the download links and / or the proper streaming multimedia player.
Delivery dates or times are approximate and delays do not constitute a fundamental breach. In the event that the PROVIDER has not delivered the service within 30 days of the agreed delivery date, due to the unavailability of the product or service, the USER must be informed and will be entitled to cancel the order and will receive a refund of the total amount paid at no additional cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay by the PROVIDER with respect to the refund of the total amount, the USER may claim payment of double the amount due, without prejudice to their right to be compensated for damages suffered beyond that amount.
In the case of the provision of a service, it will be available from the moment the user has paid for it and will be downloadable or activated according to the conditions of the PROVIDER.
The PROVIDER will not accept any liability if the download or the activation of the service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.
The service will be considered as provided when the USER has downloaded or activated it.
The USER has the same rights and period to return and/or report possible flaws or defects in the online products or services as they do for offline products or services.
The USER has a period of fourteen calendar days from the date of download or activation of the service to return it (Article 71 of Spanish Law 3/2014 of 27 March).
The right of withdrawal shall not apply in the following cases:
The PROVIDER must be informed of any return, with the request for a return number through the form provided for this purpose, or by emailing [email protected], indicating the corresponding invoice number or order number.
Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:
Email: [email protected]
Each claim will be evaluated individually before sending any refund. By default, when the user has not followed the automatic unsubscription process within the established period (the subscription can be canceled for the next renewal period, not for an ongoing period), no refund will be sent . You can contact us at the email address [email protected] where one of our agents will attend you personally. In no case will we proceed to the return of services already enjoyed by the user. Once a return has been confirmed, it will be effective on your card (not by other methods) within a maximum period of 10 business days.
Online Dispute Resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the USER and the PROVIDER without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: https://ec.europa.eu/consumers/odr/
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
All sales and deliveries made by the PROVIDER are subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.
Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as this does not affect the value of the products offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.
The service is provided immediately after payment, granting access to premium content on the web. All content is distributed exclusively through this site.
The prices indicated for each product include Value Added Tax (VAT) or any other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, insurance or any other additional services and attachments to the product or service purchased.
The prices applicable to each service are those published on the website and shall be shown in Euros. The USER accepts that the economic valuation of some of the products may vary in real time.
Before making a purchase, all the details of the quote can be checked on-line: items, quantity, price, availability, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as the order has not been placed.
Once the order has been placed, prices will be maintained regardless of whether the service is available.
Lifetime access is for the lifetime of the service. If for any reason, should dissolve or cease to exist, then your access to the service terminates.
Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the company name that they indicated while placing the order. This invoice will be sent with the purchased product, as well as in PDF format to the email address provided by the USER.
For any information about the order, the USER may contact the PROVIDER’s customer service by calling 876285121 or by emailing [email protected]
There are no transportation costs.
The PROVIDER accepts the following payment methods for orders:
The website uses generally accepted information security techniques within the industry, such as firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the user/client agrees that the provider will obtain data for the purpose of the corresponding access control authentication.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited by the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.
Orders (purchase requests)
Any service from our catalogue can be purchased through one or more of the previous payment methods. After the registration process in our Website, you will be redirected to one of our payment gateways, depending on the payment method selected. In the gateway payment form page, you will be able to review the service, quantity, price and total cost, before making the payment.
Once the payment is made, you will be redirected again to our Website, and your user and password will be provided. From that moment you will be able to access the contracted services and to your user area, where you will find the user information, the expiration date of your subscription and special offers.
All services offered on the website are completely original, unless otherwise stated in their description. They all have a two- year warranty period in accordance with the criteria and conditions described in the Spanish Royal Legislative Decree 1/2007 of 16 November, approving the revision of the General Law for the defence of consumers and users and other complementary laws.
The guarantee of the products offered responds to the following articles based on the Spanish Law 23/2003 of 10 July on the guarantees of the sale of consumer goods:
I) Compliance of the services with the contract
II) Liability of the PROVIDER and rights of the USER
shall be liable to the USER for any non-conformity that exists when the service is delivered. . grants the USER the right to repair the service, to replace it, to reduce the price and to terminate the contract.
In accordance with Article 6 of the Civil Code, any prior waiver of the rights of the USER or acts carried out in fraud will be null and void.
The guarantee of the services offered responds to the following articles based on the Spanish Law 23/2003 of 10 July on the guarantees of the sale of consumer goods:
III) Repair and replacement of services
IV) Rules of repair or replacement of the service
Repair and replacement will comply with the following rules:
V) Price reduction and contract termination
The reduction of the price and the termination of the contract shall be carried out at the USER’s discretion when they are unable to demand the service’s repair or replacement and in cases where the repair or replacement has not been carried out within a reasonable period of time or without major inconvenience for the USER. The decision shall not apply when the non-conformity is of minor importance.
VI) Price reduction criteria
The price reduction will be proportional to the difference between the value the service would have had at the time of delivery had it been in compliance with the contract and the value of the service actually delivered at the time of delivery.
VII) Time periods
shall be liable for any non-conformity which becomes apparent within two years of delivery.
Unless proved otherwise, any non-conformity which becomes apparent within six months of delivery shall be presumed to have already existed when the service was delivered, except when this presumption is incompatible with the nature of the service or the type of non-conformity.
VIII) Action against the manufacturer
If it is impossible or too inconvenient for the USER to contact regarding the non-conformity of the provided services which are covered by contract, hey may claim directly from the manufacturer in order to obtain the replacement or reparation of the service.
In general, and without prejudice to the limits of the manufacturer’s liability, under the same terms and conditions as those laid down for , the manufacturer shall be liable for the non-conformity when it relates to the origin, identity or suitability of the services, in accordance with their nature and purpose and with the rules governing them.
Producer means the person in charge of a service or importing it into European Union territory, or any person who presents themselves as such by indicating their name, trademark or any other distinctive sign in association to the service.
Whoever responds to the USER will continue to be responsible for the non-conformity for a period of one year. This period is calculated from the time when the problem is remedied.
These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Terms and Conditions to the courts and tribunals of the USER’S place of residence.
In the event that the USER lives outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Courts and Tribunals closest to ZARAGOZA (Spain).