Sales Terms & Conditions


1. GENERAL INFORMATION

The ownership of this website, https://pgibz.io, (hereinafter the Website) is held by: FUNDACIÓN POSTGRESQL, with fiscal number G88338686 and entered at the Registry of Foundations with the following registry information: Order PRE/2537/2015, of 26 of November; and whose contact information is:


  • Address: Carretera de Fuencarral, 44, edificio 4B, loft 33
  • Phone number: +34 918675554
  • Email: cesarcp@postgresql.fund

This document (and any other that can be mentioned here) lays down the conditions under which the use of the Website (https://pgibz.io), as well as the purchase of products and/or services within the Website, operates (hereinafter the Conditions).


For purpose of this Conditions, it is considered that the activity developed by pgibz through the Website includes:


Sale of tickets for the PgIbz Conference.

In addition to reading this Conditions, before accessing, browsing and/or using this web page, the User would need to have read the Legal Notice and the General Conditions of Use, including the Cookies Policy and the Privacy and Data Protection Policies of pgibz. By using the Website or by purchasing any product and/or service through the Website, the User agrees this Conditions and everything mentioned above. Therefore, if they do not agree with those, they should not use the Website.


Likewise, please note that this Conditions can be modified. The User is liable for checking this Conditions every time they access, browse and/or use the Website, as those in place at the moment of purchase of products and/or services will be applied.


To answer any questions the User can have regarding the Conditions, they can contact the holder by means of the contact information provided above or, when applicable, using the contact form.



2. THE USER

The access, browse and use of the Website confers the status of user (hereinafter the User, individually, or Users, collectively), thus all the Conditions laid down in this document, and any later modifications, are accepted from the moment on which browsing through the Website begins, without prejudice to the application of the relevant mandatory legislation.


The User is liable for the correct use of the Website. This liability is extended to:


  • The purpose of the use of the Website will only be making legally valid purchases and inquiries.
  • No false or fraudulent purchases will be placed. If it could be reasonably considered that a purchase of that kind was placed, pgibz is allowed to cancel it and notify the relevant authorities.
  • The contact information provided will be true and lawful, including the email, the postal address and/or any other information (see Legal Notice and General Conditions of Use).

The User declares they are of age and have the sufficient legal capacity to sign contracts through this Website.


The User will sign, at their choice, contracts of sale of products and/or services in any of the languages on which this Conditions are available at the Website.



3. PURCHASE PROCESS

Duly registered Users can make purchases through the Website by the means and methods established. They will have to follow the online purchase process of https://pgibz.io, during which multiple products and/or services can be selected and added to the cart, basket or final purchasing space, and then finally click on “Ticket”.


Likewise, the User will have to fill in and/or check the requested information in every step, even though that during the purchase process, prior payment, purchase information can be modified.


Then the User will be notified by email that pgibz has received their order or purchase and/or service order, this is, the order confirmation. And, when appropriate, they will also be notified in the same way once their purchase is shipped.


Once the purchase process is finished, the User consents the Website to generate an e-invoice, which will be sent to them by email. Likewise, the User can, if they want to, obtain a paper copy of their invoice by requesting it to pgibz through the contact spaces of the Website or through the contact information provided above.


The User acknowledges to have been notified, at the moment of purchase, about certain particular conditions of sale related to the product and/or service, and which are shown next to their description or, when appropriate, image on their page on the Website. This information states, on a case-by-case basis: the name, price, components, weight, quantity, color, product details or features, way of performing the service and/or its price. The user also acknowledges that by making the purchase order or purchase they fully accept the particular conditions of sale applicable to each case.


The communications, purchase orders and payments that take part during the transactions carried out on the Website, could be archived and preserved in the computerised registers of pgibz as proof of those transactions; in any case, respecting the applicable reasonable security conditions and current laws and regulations, and particularly in accordance with Regulation (EU) 2016/679 of European Parliament and Council of 27 April 2016, concerning the protection of natural persons in terms of treatment of personal data and the freedom of movement of that data (GDPR), and Organic Law 3/2018 of 5 December on Personal Data Protection and guarantee of digital rights, and the rights of the Users in accordance with the Privacy Policy of this Website.



4. AVAILABILITY

All purchase orders received by pgibz through the Website are subject to product availability and/or to the fact that no circumstance or cause of force majeure (clause nine of this Conditions) affects the supply of those products and/or services. In the event of difficulties in relation to the supply or out stock situations, pgibz will contact the User and refund any amount paid. This will also be applicable in cases where the service could not be delivered.



5. PRICES AND PAYMENT

The prices shown on the Website are the final prices, in Euros (€), and include taxes, except where, by legal requirement, particularly regarding the VAT, it is indicated otherwise and another one is applied.


However, and unless, occasionally, stated to be in any other way, the prices of the offered products exclude shipping charges that could apply, which will be added to the total amount due at the moment of the shipping process management by the User, and where the User will check the available shipping methods and prices and choose the one that best suits them.


Under no circumstances the Website will automatically add additional costs to the price of a product or service, but only those that the User has voluntarily selected and chosen will be.


The prices can change at any moment, but the possible changes will not affect the orders or purchases for which the User has received an order confirmation.


Accepted payment methods are: credit or debit card.


pgibz uses all means available to ensure the confidentiality and security of the paying information submitted by the User while making transactions on the Website. The Website uses a SSL (Secure Socket Layer) secure payment system.


Credit cards will be subject to verification and authorisation by the issuing banking institution. If the entity does not authorise the payment, pgibz will not be liable for any delay or non-delivery and will not be able to sign any contracts with the User.


Once pgibz receives the purchase order from the User through the Website, a pre-authorisation on the relevant card will be made to ensure there are enough funds to complete the transaction. The charge on the card will be made at the moment of sending the confirmation of the shipping and/or service.


By clicking on “Ticket” the User confirms that the payment method used is theirs.



6. DELIVERY

In the event of physical delivery, the deliveries will be effected across the following territory: Worldwide.


Excluding the cases where there exist unforeseen or exceptional circumstances or, where applicable, those resulting from product customisation, the purchase order consisting of related items in each purchase confirmation will be delivered within the specified period of time on the Website, in accordance with the selected shipping method and, when applicable, within the period of 30 calendar days counting from the purchaser confirmation date.


If for any reason, proved to be their fault, pgibz could not meet the delivery date, the User will be contacted and notified about this circumstance, and they will be able to decide whether to continue with the purchase and therefore select a new delivery date, or to cancel the order and get a full refund of the total price paid. In any case, home deliveries will be made on working days.


If the product could not be delivered as a result of absence of the User, the order could be sent back to the warehouse. However, the transport agent will leave a notice to inform the User about the location of the order and what they have to do for the product to be redelivered.


If the User can not be at the place of delivery in the scheduled time slot, they have to contact pgibz to schedule the delivery for another day.


After the course of 30 days counting from the moment when the order is available for delivery, if the delivery could not be completed for reasons not attributable to pgibz, pgibz will consider that the User wants to withdraw from the contract, and therefore it will be considered avoided. As a result of the avoided contract, all payments received from the User will be refunded, excluding any additional costs caused by the User’s own choice of a delivery method different from the least expensive standard delivery method offered by the Website, without undue delay and, in any event, not later than 14 calendar days counting from the date on which the contract is avoided.


However, the User should keep in mind that the transport resulting from an avoided contract can have an additional costs that can affect them.


For purpose of this Conditions, the delivery will be considered completed or the order will be considered delivered at the moment when the User, or a third party indicated by the User, acquires the material possession of the product, which will be justified by signature at the moment of reception of the order at the agreed place of delivery.


Any risks that could be derived from the products will be born by the User from the moment of their delivery. The User takes ownership of the products at the moment when pgibz receives the full payment of all the amounts due related to the purchase made, including shipping charges; or else, at the moment of delivery, if the delivery takes place later than the full reception, by pgibz, of the payment of the amounts due.


In accordance with the provisions of Law 37/1992 of 28 December concerning the Value Added Tax (VAT), the purchase orders for their delivery and/or service will be considered located on the scope of Spanish VAT (IVA) if the place of delivery is in Spanish territory, with the exception of Canary Islands, Ceuta and Melilla. The VAT rate applicable will be the one legally in force depending on the particular item in question.


To the same effect, and in accordance with Chapter I of title V of Directive 2006/112 of Council of 28 November 2006 concerning the common VAT system, the purchase orders will be located, for their delivery and/or service, in the EU Member State that is shown in the address of the purchase order, and, therefore, the VAT rate applicable will be the one in force in that particular Member State.


Those orders for Canary Islands, Ceuta and Melilla, are exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of the relevant taxes and duties in accordance with current regulations in each one of these territories. The User has to keep in mind that in these territories there could be situations in which taxes and custom duties are applied and accrued on arrival, in accordance with the regulations in force, and that those could be born by them.


For any other location, different from the ones mentioned above, where the purchase orders are located for their delivery and/or service the regulations in force will be applied; the User has to keep in mind that this could produce the application and accrual of taxes and custom duties on arrival, in accordance with the regulations in force on arrival, and that those could be born by them. For further information, the User has to contact the custom office on arrival.



7. TECHNICAL MEANS TO CORRECT ERRORS

Any input error made by the User on any required information to process their purchase request on the Website can be corrected by contacting pgibz through the contact spaces of the Website or, when applicable, through the ones available for contacting customer service, and/or by using the contact information provided in Article 1 (General Information).


In any case, the User has, before clicking on “Ticket”, access to the space, cart or basked where their purchase requests are listed, and they can make changes on them.


Likewise, the User is referred to check the Legal Notice and the General Conditions of Use and, particularly, the Privacy Policy for further information on how to exercise their right of rectification in accordance with Regulation (EU) 2016/679 of European Parliament and Council of 27 April 2016, concerning the protection of natural persons in terms of treatment of personal data and freedom of movement of that data (GDPR) and in Organic Law 3/2018 of 5 December on Personal Data Protection and guarantee of digital rights.



8. RETURNS

In the event of the User acquiring products on or through the Website, they are guaranteed a series of rights, as listed and described below:


Right of Withdrawal


The User, as both consumer and user, makes a purchase on the Website and, therefore is guaranteed the right of withdraw from that purchase within a period of 14 calendar days without justification.


This period of withdrawal expires after 14 calendar days counting from the date on which the User, or a third party indicated by them, other than the transport agent, acquires the material possession of the products purchased on the Website of pgibz. If the purchased products are delivered separately, the period of withdrawal expires after 14 calendar days counting from the date on which the User, or a third party indicated by them, other than the transport agent, acquires material possession of the last one of the products that completed a single purchase order. In the event of a service contract, the period of withdrawal expires after 14 calendar days counting from the day on which the contract was signed.


In order to exercise this right of withdrawal, the User has to notify their decision to pgibz. For this purpose, when applicable, they can contact pgibz through the contact spaces of the Website or by sending an email to: cesarcp@postgresql.fund


The User, regardless of the means they choose to notify their decision, has to express clearly and unequivocally that it is their intention to withdraw from the contract of purchase. In any case, the User will be able to use the withdrawal model form that pgibz made available as annex to this Conditions, however its use is not mandatory.


In order to comply with the withdrawal period, having the notification of the withdrawal decision expressed clearly and unequivocally sent before the relevant time limit is enough.


In the event of withdrawal, pgibz will refund the User all payments received, including the shipping charges (excluding the additional costs caused by the User’s own choice of a delivery method different from the least expensive delivery method offered by the Website) without undue delay and, in any event, not later than 14 calendar days counting from the date on which pgibz is notified about the User’s decision to withdraw the contract.


pgibz will refund the User using the same payment method as the one used to make the initial purchase transaction. This refund will not generate any additional costs for the User. However, pgibz is allowed to withhold the refund until they have received the products, or until the User presents a proof of their return, whichever is the earliest.


The User can return or send the products to pgibz at: cesarcp@postgresql.fund


And has to do it without undue delay and, in any event, not later than 14 calendar days counting from the date on which pgibz was notified about the User’s decision to withdraw the contract.


The User acknowledges that they will have to assume the direct cost of the return (transport, delivery) of the products, if there is any. Besides, they will be liable for the decrease of the value of the products resulting from a manipulation other than the required one to assess the nature, features and efficacy of the products.


The User acknowledges that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, by which the consolidated text of General Law for Protection of Customers and Users and other supplementary laws are approved. This includes: customised products; products that can deteriorate or expire quickly; music or video CD/DVD that are unwrapped, as they are factory sealed; products that are sealed for reasons of hygiene or health and were unsealed upon delivery.


Any service that the User could contract on the Website is regulated in the same way, as the same Law states that the right of withdrawal will not be assisted when the service has been fully delivered, or after it has started, with the explicit consent of the consumer and user and their acknowledgement of the fact that, once the contract is fully implemented by pgibz, they will lose their right of withdrawal.


In any case, no refunds will be made if the product was used beyond its opening, or is not in the same conditions as when it was delivered, or has suffered any damage upon delivery.


Likewise, products have to be returned using or including all their original packaging, instructions and any other accompanying documents, as well as a copy of the purchase invoice.


The withdrawal model form can be downloaded on the link below: Email requesting withdrawal


Return of faulty products or shipping mistake

If the User believes that, at the moment of delivery, the product is not consistent with the terms of the contract or purchase order, they have to contact pgibz immediately and let them know about their disagreement (defect/error) by the same means or by using the contact information provided above (Right of Withdrawal).


The User will then be notified about how to proceed with the return of the products, and these, once returned, will be reviewed. The User will be notified, within a reasonable period of time, if the refund applies or, where applicable, if the product will be replaced.


The refund or replacement of the product will be carried out as soon as possible and, in any case, within the 14 days following the day on which the User is notified by email if the refund applies or if the non-conforming product will be replaced.


The amount paid for products returned due to any defect, when it actually exists, will be fully refunded, including delivery costs and charges that can apply as a result of the return. The refund will be made using the same payment method as the one used to make the purchase.


In any case, the User, as both consumer and user, will be always committed to the rights under legislation in force.


Guarantees

The User, as both consumer and user, benefits from guarantees on the products that can be purchased through the Website, under the legally established terms for each kind of product, responding pgibz, therefore, for the non-conformity with those when it appears within two years counting from the delivery of the product.


To the same effect, it is considered that the products are consistent with the terms of the contract whenever: they fit the description made by pgibz and have the features presented; they are suitable for the regular use of products of the same kind, and they have the normal and expected quality and performance of products of the same kind. In the event of the product delivered to the User being non-consistent with the terms of the contract, they will have to proceed as stated in the section Return of faulty products or shipping mistake. However, some products marketed in the Website could have non-homogeneous features as long as those are a result of the type of manufacturing material, and therefore are part of the individual appearance of the product, and not a defect.


Moreover, it could happen that the User purchased a product of a third party brand or manufacture through the Website. In this event, and if the User believes that the product is faulty, they can contact the brand or manufacturer liable for that product to find out how to exercise their legal guarantee right directly with them, within two years counting from the delivery of these products. For this purpose, the User has to keep all the information regarding the guarantee of these products.



9. EXCLUSION OF LIABILITY

Unless any contrary mandatory provisions, pgibz will not accept any liability for the following losses, regardless of their origin:


  • any losses not attributable to the non-compliance on their part;
  • business losses (including loss of profits, income, contracts, expected savings, data, loss of goodwill or unnecessary spendings); or
  • any other consequential loss that was not reasonably foreseeable by both parties at the moment of signing the contract of purchase of product between them.

Likewise, pgibz also limits its liability for the following cases:


  • pgibz implements all measures concerning the provision of an accurate display of the product on the Website, however they will not be liable for the slight differences or inaccuracies that can exist as a result of lack of screen resolution, problems related to the browser used or any other of this kind.
  • pgibz will exercise utmost diligence for the purpose of making the purchased product available to the company in charge of the transport. However, they will not be liable for any prejudice resulting from the underperformance of the transport, particularly for causes such as strikes, traffic restraints, and any other sector-related cause in general, that results on delays, losses or theft.
  • Technical errors that, due to chance or any other kind of cause, prevents the normal operation of the service on the Internet. Unavailability of the Website for maintenance or any other purpose that prevents the delivery of the service. pgibz uses all means at their disposal to ensure the purchase, payment and shipping/delivery processes, however they will not be liable for any not attributable cause, fortuitous event or reason of force majeure.
  • pgibz will not be liable for the misuse and/or wear of the products used by the User. Likewise, pgibz will neither be liable for a wrong return made by the User. It’s the User’s responsibility to return the right product.
  • In general, pgibz will not be liable for any non-compliance or delay in the fulfilment of any obligation assumed, when this is caused by events beyond its reasonable control, this is, caused by reason of force majeure, that could include:
    • Strikes, lockouts and other industrial actions.
    • Civil commotion, riots, invasion, terrorist threat to attack, war (declared or not) or threat or war moves.
    • Fire, explosion, storm, flooding, earthquake, sinking, epidemics or any other natural disaster.
    • Inability to use trains, ships, airplanes, motor transport or any other means of transport, public or private.
    • Inability to use public or private telecommunication systems.
    • Acts, decrees, legislation, regulations or restrictions of any Government or public authority.

In this way, obligations will be suspended during the period of reason of force majeure, and pgibz will have an extension of the deadline to fulfil these, which will be of the same length as the duration of the reason of force majeure. pgibz will use all reasonable means at their disposal to find a solution that allows them to fulfil their obligations despite the reason of force majeure.



10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using of the Website, the User agrees that most of the communications with pgibz will be electronic (email or adverts on the Website).


For purpose of the agreement, the User consents the use this electronic means of communication and acknowledges that any contract, notification, information and any other communication that pgibz sends to them by electronic means complies with the legal requirements of being in written form. This condition will not affect the rights acknowledged by Law to the User.


The User can send notifications and/or contact pgibz through the contact information provided in this Conditions or, when applicable, using the contact spaces of the Website.


Likewise, and unless stated otherwise, pgibz can contact and/or notify the User by email or at the postal address provided.



11. WAIVER

No waiver of a right or particular legal action of pgibz or lack of requirement by pgibz of the strict observance by the User of any of their obligations will be, neither a waiver of other rights or actions resulting from a contract or the Conditions, nor an exoneration of the User from the fulfilment of their obligations.


No waiver of any of this Conditions or rights or actions resulting from a contract by pgibz will take effect, unless explicitly stated that it is a waiver and thus signed and notified to the User by written means.



12. NULLITY

In the event of any of this Conditions being declared null and void by final decision made by the competent authority, the remaining clauses will remain in force, and will not be affected by that declaration of nullity.



13. FULL AGREEMENT

This Conditions and any other document that can be explicitly mentioned here are the entire agreement between the User and pgibz in relation to the object of purchase and therefore replace any other deal, agreement or promise prior agreed, orally or written, by both parties.


The User and pgibz acknowledge to allow the singing of the contract without relying on any declaration or promise made by the other party, except what explicitly appears in this Conditions.


14. DATA PROTECTION


The information or personal data submitted by the User to pgibz during a transaction made on the Website, will be treated in accordance with the Privacy or Data Protection Policies (being these, when applicable, located in the Legal Notice and the General Conditions of Use). By accessing, browsing and/or using the Website, the User agrees the treatment of that information and data and declares that all the information or data provided is true.



15. APPLICABLE LEGISLATION AND JURISDICTION

The access, browse and/or use of the Website and the contracts of purchase of products made through the Website will be regulated by Spanish Law.


Any dispute, problem or disagreement resulting from or related to the access, browse and/or use of the Website, or to the interpretation and implementation of this Conditions, or any contracts of purchase between pgibz and the User, will be subject to the non-exclusive jurisdiction of Spanish courts and tribunals.



16. COMPLAINTS AND CLAIMS

The User can send their complaints, claims or any other comment they want to address by means of the contact information provided at the beginning of this Conditions (General Information).


Likewise, pgibz has official complaints forms available to the consumers and user, that can be requested to pgibz at any moment, by means of the contact information provided at the beginning of this Conditions (General Information).


Similarly, in the event of any dispute resulting from the contract of purchase between pgibz and the User, the User as consumer can request an informal dispute resolution, in accordance with Regulation (EU) 524/2013 of European Parliament and of Council, of 21 May 2013, concerning online dispute resolutions in terms of consume, and by which Regulation (EC) 2006/2004 and Directive 2009/22/CE are modified. Access to this model is available through the following website: http://ec.europa.eu/consumers/odr/.


Last edit: 16th April 2020