General Conditions of Use

of the payment system at https://garnet24.com/

This Agreement sets forth the terms and conditions that apply to the use of the Payment System offered to the User on this website https://garnet24.com/ (Website).

This Agreement establishes rights and obligations to the Users, so it should be read carefully and in detail, before making use of the System. These General Conditions describe the rights and responsibilities of the User and GARNET COLLECT, S.L. regarding the payment processing and management service while using the electronic platform through which such payments will be made (the Payment System).

The use of the Payment System implies that the User understands and accepts the terms and conditions of use contained in this Agreement.

Individualization of the parties.

This agreement is made by and between the Company GARNET COLLECT S.L., with Tax Identification Number B-06852073 and registered office at Paseo de Gracia 101, principal 2º, 08008 Barcelona, Spain, registered in the Commercial Registry of Barcelona, in volume 47.903, folio 142, page 565.895, first inscription, and the „User“, which for purposes of this „Agreement“, is any and/or any natural or legal person who uses the Payment System.

The Company’s contact e-mail address is: [email protected].

GARNET COLLECT, S.L. reserves the right to modify these General Conditions at its discretion, therefore, the User must carefully read the contents of these General Conditions each time he/she intends to use the payment system.

Definitions.

For the purposes of this Agreement, the following definitions shall apply:

„Payment System“: the digital tool on the Website of Garnet Collect, S.L. which, with its Identification Number, allows the CLIENT to make payments of the Total Amount Due pending with Garnet Collect, S.L. and/or with Garnet Invest, D.O.O. online and without the need for user registration.

„Loan Contracts“: are contracts in which the company Garnet Collect, S.L. and/or the company Garnet Invest, D.O.O. with registered office in Koper, Smarska cesta 7ª, 6000 Koper – Capodistria, Slovenia, and Tax Identification Number SI45167354 and Spanish NIF N-0022916A, appear as creditor party and the CLIENT as debtor party, or their possible modifications.

„CLIENT“: User of the Payment System who is a party to Loan Contracts.

„Total Amount Due“: The total amount of payment pending by the CLIENT for all concepts which may be broken down into the initial amount borrowed, commission, interest for late payment, if applicable, any other amount which may have accrued by virtue of the Loan Contracts.

„Payment Amount“: the amount that the CLIENT wishes to pay on account of the Total Amount Due pending in favor of Garnet Collect, S.L. and/or Garnet Invest, D.O.O. using the Payment System;

„CLIENT’s Bank Account“: the current account owned by the CLIENT which is operative in any bank duly registered in the Country, and where the payment of the Payment Amount indicated by the CLIENT in the Payment System shall be charged to;

„GARNET COLLECT, S.L. Bank Account“: Refers to any of the bank accounts owned by GARNET COLLECT, S.L., in which the payments, made by the CLIENT through the Payment System, will be credited;

„Party/Parties“: refers to the CLIENT and GARNET COLLECT, S.L., individually or jointly;

„Website“: Refers to the GARNET COLLECT, S.L. website (https://garnet24.com/) that the CLIENT may use to access the Payment System and through which it will manage the payment of the Total Amount Due;

„Third Party“: refers to the individual or legal entity not considered a party to Loan Contracts.

„The Country“: is the country in which the Loan Contracts were entered into.

„The Company“: is the company GARNET COLLECT, S.L. and/or the company GARNET INVEST, D.O.O. with registered office in Koper, Smarska cesta 7ª, 6000 Koper – Capodistria, Slovenia, and Tax Identification Number SI45167354 and Spanish Tax Identification Number N-0022916A, with which the CLIENT has an outstanding debt under Loan Contracts.

„Email“: is the email address where the User wishes to receive confirmation of payment made through the Payment System.

„Telephone Number“: is the telephone number at which the User wishes to receive confirmation of payment made through the Payment System.

„Identification Number“: is the contract number indicated in the Loan Agreement or communicated to the Client prior to the use of the Payment System by representatives of GARNET COLLECT, S.L. and/or GARNET INVEST, D.O.O.. In case of doubt, the CLIENT can obtain/verify the identification number by sending an email with the indication of his/her Name and Surname and attaching a digitalized copy of his/her ID to [email protected].

Conditions for accesing the Payment System:

To enter the Payment System, the interested person will not have to register as a User of the System, however, the introduction of certain personal data of the CLIENT will be required, therefore, the use of the Payment System supposes the knowledge and acceptance by the User of the Privacy Policy. Mandatory data are marked with an asterisk symbol. Failure to enter optional or mandatory data will mean that GARNET COLLECT, S.L. will not be able to guarantee the provision of services associated with the provision of such data by the User.

The use of the Payment System means that:

the CLIENT has accepted and agrees with these General Conditions of Use.
the CLIENT gives his consent to the processing of his personal data (see personal data protection clause).
the CLIENT expresses his/her desire to make the payment either in full or in part on account of the Total Amount Due to the selected Company;

In case the User is a Third Party:

the Third Party declares to act in the use of the Payment System as a mandatary with sufficient legal capacity, granted to that effect by the CLIENT, to accept the present General Conditions of Use and to act on behalf and in the interest of the CLIENT.
the Third Party is responsible and will hold harmless GARNET COLLECT, S.L. from any kind of claim by the CLIENT for the unauthorized use of the Payment System on behalf of the CLIENT.

Payment of the Total Amount Due.

GARNET COLLECT, S.L. and/or GARNET INVEST D.O.O. will send to the User to the email address and/or telephone number indicated by the User in the Payment System, the confirmation of the correct completion of the payment operation by the User and/or any incident in the payment process, if any.

The User may make the payment of the Total Amount Due either in whole or in part, as payment on account, through the Payment System on the Website with a Mastercard or Visa bank card, provided that the card has a SEC (Secure Electronic Commerce) code.

The User may make the payment of the Total Amount Due in favor of GARNET COLLECT, S.L. and/or GARNET INVEST D.O.O. following these steps:

The User must choose the Country from the drop-down menu.
The User must choose the Company (GARNET COLLECT, S.L. and/or GARNET INVEST D.O.O.).
The User must enter the following identification data:

E-mail
Telephone Number
Identification Number

The User must enter the Payment Amount to be paid.
Follow the instructions of the Payment System to proceed with the payment.

If the CLIENT does not follow these steps and GARNET COLLECT, S.L. cannot identify the holder of the payment, the payment may be considered as not received, unless the CLIENT can provide proof or evidence that the payment was duly made.

In the event that the User makes insufficient payments to cover the total amount of the Total Amount Due, the amounts paid will be charged in the following order:

Default interest;
Ordinary interest (commonly known as commission);
Amount of the loan granted.
Any other amounts owed by the CLIENT if applicable.

In case of changes of any information initially provided by the CLIENT in the Loan Contract that may affect its correct identification, the CLIENT shall communicate such circumstance to GARNET COLLECT, S.L. through the e-mail address [email protected], attaching a digitalized copy of its ID/NIE and supporting document that sufficiently proves the informed change, this request will have a consideration of exercise of the right of rectification of personal data.

Collection management in favor of GARNET INVEST, D.O.O.

As indicated in the first point of these General Conditions of Use, the Payment System included in this Website is managed by the company GARNET COLLECT S.L., however, it provides the possibility for the User to make payments in favor of the company GARNET INVEST, D.O.O.

For this reason, the User is informed that, in cases where the User chooses GARNET INVEST, D.O.O. as Company in the process of making payment through the Payment System, the company GARNET COLLECT, S.L. will act as agent of the company GARNET INVEST, D.O.O., by virtue of a collection management agreement entered into between both Companies, which authorizes GARNET COLLECT, S.L. to collect amounts on behalf of GARNET INVEST, D.O.O., using the Payment System provided on the Website.

Such mandate implies an authorization of GARNET INVEST, D.O.O. in favor of GARNET COLLECT, S.L. so that the latter receives, collects and credits the Payment Amounts in the Bank Account of GARNET COLLECT, S.L. on behalf of GARNET INVEST, D.O.O. GARNET COLLECT, S.L. shall not use the Payment Amounts received in its account from the User for purposes other than those instructed by the User, so that the amounts received by GARNET COLLECT, S.L. in favor of GARNET INVEST, D.O.O. shall be considered paid to GARNET INVEST, D.O.O. according to the instructions of the User, with the corresponding releasing effect for the CLIENT.

GARNET COLLECT, S.L. will be responsible for any defect in the provision of its service, to the extent that it is attributable and to the extent provided by the laws in force.

Access to the Payment System and Validity of CLIENT Instructions.

The parties agree that the orders transmitted by telematic means by means of the use of the keys have the same value as the consent given in writing in handwritten form, in accordance with Art. 23 of Law 34/2002, of July 11, of Services of the Society of the Information and Electronic Commerce.

Jurisdiction and Applicable Law.

The Payment System service and the commercial relationship between the User and GARNET COLLECT, S.L. will be governed by Spanish law. This service complies with the requirements that apply to it; the Royal Legislative Decree 1/2007, of November 16, for the Defense of Consumers and Users and Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, as well as the rest of the legislation that may be applicable;

Any conflict that may arise between the parties will be resolved amicably. In the event that the parties are unable to resolve the dispute through negotiation and good faith, the parties submit to the courts of the domicile of the consumer.