Terms and conditions
Virtual POS payment policy
- The Parties
The present text contains the conditions that regulate payment via the Virtual Point of Sale Terminal (hereinafter “Virtual POS” or “Payment Gateway,” interchangeably) linked to the page https://genderconfirmationsurgery.com/ (website) held by SICAP HEALTHCARE, S.L.P. (hereinafter “the SUPPLIER”). For general information on the SUPPLIER, consult the “Legal Notice” at the following link: https://facialteam.eu/aviso-legal/.
The aim of the Virtual POS is to make it easy for you (hereinafter the CLIENT) to pay the registration fee for the “Event.” Therefore, no other services or products unrelated to the Events/courses/seminars organized by the SUPPLIER will be payable via the Virtual POS. In the event that the Virtual POS is used to process the payment of any other product or service offered/organized by the SUPPLIER, these “Terms and Conditions” will be modified by the SUPPLIER.
It is recommended that, in addition to reading the present Terms and Conditions, the CLIENT also read the “Legal Notice”, “Data Protection Policy” and “Cookies Policy” available at https://facialteam.eu/.
The present Terms and Conditions are signed by the party of the first part, the SUPPLIER, and the party of the second part, the CLIENT, who must complete all of the steps required to process the payment via the Virtual POS, including accepting the present Terms and Conditions, to complete the transaction.
The SUPPLIER reserves the right to modify and/or update the present Terms and Conditions. The CLIENT will be responsible for consulting them each time that they visit, browse, and/or use the Payment Gateway, with those in force at the time of processing the payment being applicable.
For all questions that the CLIENT may have related to the Terms and Conditions, they can contact the SUPPLIER using the contact data provided in the Legal Notice.
- Acceptance of these Terms and Conditions
By clicking the corresponding declaration of consent box and sending the website Payment Gateway form, it is understood that the CLIENT unreservedly accepts the present Terms and Conditions as well as the Legal Notice, Data Protection Policy, and Cookies Policy; on the contrary, if the CLIENT does not fully agree with all this, they must refrain from verifying the consent.
- Payment, cancellation, return, refund, and minimum age policy
3.1. Payment policy
To make a payment via the Virtual POS, it is necessary to have signed a prior Agreement with the SUPPLIER, by which a card payment using this application is allowed, and have received the corresponding confirmation from the SUPPLIER in an email or some other means.
Please pay special attention when entering all of the requested data, especially those related to “Concept of Payment” and “Amount,” as if these data are not correct, the payment cannot be processed.
The payment will be made through the platform provided by an outside bank, which in all cases will be on a website that uses the SSL security protocol. For the purposes of identification, it is recommended that the CLIENT confirm that the website address of the page from which the payment is going to be made begins with https://. In any case, the payment will only be effective when the SUPPLIER receives confirmation of the payment from the bank that owns the secure Payment Gateway.
Payments made via the Virtual POS will be filed and stored in the SUPPLIER’s computer records as proof of the transactions. In all cases, the security conditions and current laws and regulations that apply in this case will be respected, particularly regarding the applicable regulations in relation to data protection and the rights accruing to the CLIENT according to the Legal Notice, the Data Protection Policy, and the Cookies Policy.
Payments will be made in euros (€).
3.2. Cancellation, return, refund, and minimum age policy
The CLIENT has the right to cancel the payment made via the Virtual POS without any justification within fourteen (14) natural days of making it. To exercise this right, the CLIENT must contact the SUPPLIER within this period using the email firstname.lastname@example.org.
The CLIENT has one (1) month to process returns for reasons of defect or receipt of the wrong product, only in the case that a product is received from the SUPPLIER (for example, in the event that the CLIENT, after registering for an event organized by the SUPPLIER, should receive some material or product). In this case, the CLIENT must contact the SUPPLIER within this period using the email email@example.com.
The minimum age that the CLIENT must demonstrate to use the Virtual POS service will be the legal age of majority.
- Obligations of the CLIENT
The CLIENT agrees expressly and without any limitation whatsoever with the following:
- To comply with the obligations entered into in the prior Agreement signed with the SUPPLIER, which serves as the basis for processing the payment.
- To use the Payment Gateway with respect to the present Terms and Conditions, to comply with the Legal Notice, Data Protection Policy, and Cookies Policy, as well as any other conditions that are applicable on the basis of the relationship established between the Parties, indemnifying the SUPPLIER from any sanction or damages resulting from non-compliance.
- To provide correct and exact data when filling in the form before proceeding to the Payment Gateway, especially regarding the Concept of Payment and Amount fields that appear in the Agreement established between the Parties.
- To be the owner or authorized user of the card used to make the payment and, under no circumstances, to use third-party data, except when granted sufficient powers to do so. In all cases, the registered card must be valid and current.
- If making a payment in the name of a legal person, they must have the sufficient powers to do so.
5. The SUPPLIER, as a user of a payment service
The Virtual POS shall be understood to be a payment service, according to Law 16/2009 of 13 November on payment services.
Accordingly, the payments made via the Virtual POS are subject to this law, by which the SUPPLIER, along with the CLIENT, is a user of a payment service, in this case the Virtual POS, of which the provider is the bank. Under this provision, the SUPPLIER has no obligation beyond that contained in it and cannot guarantee the correct operation of the Virtual POS or its complete availability.
The SUPPLIER controls the quality, security, accuracy, and legality of the products/services offered on the website.
The bank guarantees accuracy, reliability, quality, and suitability for the CLIENT’s aims when making the commercial transaction. In this regard, the bank acts as an online Payment Gateway to facilitate commercial transactions with the CLIENTS.
Likewise, the SUPPLIER guarantees the use of the Virtual POS services under its contract with the bank that provides this type of service (Virtual POS).
- Availability and liability exclusion
In accordance with the previous Stipulation, the SUPPLIER accepts no liability in the event that a payment cannot be made as a consequence of problems related to the availability of the Payment Gateway.
The CLIENT recognizes that it is not technically possible to make the Virtual POS available 100 percent of the time. However, the bank will make every effort to keep the Virtual POS service available as regularly as possible. Especially for reasons of maintenance, security, or capacity, as well as events beyond the influence of the bank (for example, irregularities in public communication networks, power failures, etc.), brief malfunctions or the temporary suspension of bank services may occur.
The SUPPLIER accepts no liability as a consequence of errors or omissions in the information provided by the CLIENT or as a consequence of non-compliance on their part with the present Terms and Conditions, the Legal Notice, or any other conditions that may be applicable to the relationship established between the Parties in the signed Agreement.
In particular, the SUPPLIER accepts no liability as a consequence of the CLIENT incorrectly entering the amount to pay in the field for that purpose. In the event of an underpayment, the SUPPLIER will not process any reservation until the amount stipulated in the Agreement is reached, such that if the payment of the correct amount is not made on time, there is a possibility that the Agreement may not be completed. In case of overpayment, the SUPPLIER can deduct an amount from the excess to reimburse any commissions or other expenses that result from this refund. Likewise, if the transaction is declined by the bank for some reason, the payment will be suspended and the CLIENT informed that the transaction has not been finalized.
In general, the SUPPLIER has no liability beyond that accepted in the present Terms and Conditions, in any applicable conditions in the Legal Notice, and in the responsibilities established by the Parties in this Agreement. In any case, any liability is capped at the total amount collected by the SUPPLIER from the CLIENT.
The CLIENT recognizes and accepts that visiting and using the website housing the Virtual POS takes place freely and consciously and under their exclusive responsibility.
The CLIENT accepts that the SUPPLIER will not be liable, directly or indirectly, for any damage or losses of any nature derived from the falsification of identity by a third party or any fraudulent use of their card. The CLIENT is solely responsible for diligently safeguarding their credit card data. In the case of loss of their card or theft of credit, the CLIENT is responsible for communicating this to the closest issuing office immediately by telephone or any other means. The SUPPLIER and the bank are not liable for the incorrect operation of the CLIENT’s card, which prevents them from being able to correctly conclude the commercial transaction with the SUPPLIER. In particular, the SUPPLIER and the bank are not liable if the card issuer has cancelled or suspended use of the card for any reason. Neither are the SUPPLIER and bank liable for any commissions, charges, or other costs that the issuing institution imposes for using the Virtual POS service.
The CLIENT agrees to indemnify the SUPPLIER for any losses or damages that may be caused directly or indirectly as a consequence of non-compliance with the present Terms and Conditions and Legal Notice on their part, as well as breach of the applicable regulations and/or violation of the rights of the SUPPLIER.
- Data protection
In accordance with the provisions in Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data (GDPR), the personal information you have supplied will be incorporated into the data processing systems of the SUPPLIER in order to process your request and your registration for the Event. The handling of your personal data is legitimated by the need to process your request to register for the Event. This personal information will not be transferred to any recipient other than those expressly authorized by you or required by law. You can exercise your rights of access, rectification, erasure, limitation of specific processing, portability, automated decisions, and opposition to the processing. To exercise these rights or require additional information about the processing of your personal data, you can consult the following link: https://facialteam.eu/privacy-policy/.
- Conditions of website use
For any question, point, reference, right, or obligation enforceable by/for the Parties that is not included in the present Terms and Conditions, the provisions established in the Legal Notice apply. To the end, it is RECOMMENDED that the CLIENT read the Legal Notice closely before accepting the present Terms and Conditions regarding payment via the Virtual POS.