Terms & Conditions
1. CARRING SERVICE
1.1 CARRING is a service whose purpose is to allow users registered in the application (starting now “Users”) to use shopping carts in urban areas and loan mode through a system that is automatically managed through the CARRING application for Android and IOS systems.
1.2 CARRING has the vocation of promoting environmental awareness for responsible consumption, mitigating the prevention of disposable waste, and promoting local trade to make a sustainable economy possible.
1.3 CARRING is available in towns that have implemented this service, which can be offered by Town Halls in their municipal area and by private entities such as Shopping Centers or Business Associations.
1.4 The CARRING service is free for its users. However, they must provide the number of active bank credit cards of which they are holders, since in the event of the return of the shopping cart after the established period or its non-return, the service operator may charge the amounts stipulated in section 7 of these General Conditions on said card.
2. SERVICE OPERATOR
Company Name: URBAN ZERO WASTE, SLU
Brand Name: CARRING
Registered Office: Carrer de la Indústria, 30, 08504, Sant Julià de Vilatorta, Barcelona, Spain
Tax Identification Number: B19470277
Email: info@carring.eu
3. HOLDER OF THE SERVICE
The owner of the service will be the City Council that has contracted the establishment of this service in its municipality with the operator or, where appropriate, the private entity that has acquired it for use in its scope of action.
4. SERVICE STRUCTURE
The service is made up of Trolley Parking Areas determined by the Service Holder, where the trolleys are grouped in an orderly manner and anchored by anchor module units. The carts have a built-in RFID TAG device that identifies them individually. The anchoring modules have an integrated telematics communication module (Wi-Fi and/or mobile communication), which allows the cart to be locked and unlocked through the CARRING mobile application.
5. USERS OF THE SERVICE
5.1 To use the CARRING service, download the CARRING application and register it.
To register, the user must accept the present Conditions and the service’s Privacy Policy, following the steps indicated in the application. In fer-ho, the user is committed to using their equipment and services under the law and these Conditions, which will be made available to the web www.carring.eu and to the CARRING application, also capable of sun request a copy to info@carring.eu.
5.2 By requesting the registration to CARRING, the User accepts and agrees to be bound by these General Conditions. It will be understood that a binding contract has been granted when the operator has confirmed the registration of the User and this User accesses the CARRING services. These General Conditions form part of the Contract signed between the operator and the User. The languages in which these conditions will be legally valid are Spanish and Catalan.
5.3 Individuals over the age of 16 who subscribe to these conditions and who, for this purpose, are registered as Users, may donate to CARRING service users by using the fields with the required information in the registration form. In addition to the personal data necessary to identify the user, it will also have to register in the application the number of an active bank credit card of which he continues to be the owner. With the operator, it will only carry out the stable retention at point 6.5 under these conditions, when the user accepts a cart, he will charge the penalties stipulated at point 7 of these Conditions in case of non-refundable return of the shopping cart or the shipment. In registering, the user expressly authorizes that the operator may apply the withholdings and/or the charges for penalties that, if applicable, may be adopted in accordance to the one established in these Conditions to the bank card that this person associates to a bank account. Debit cards are only allowed if to practice the withholding set that the user registered a credit card.
5.4 The user will be responsible for the integrity of the personal data that he provides, and in particular, he is responsible for ensuring that the bank cards that he registers are his property and that they have sufficient funds to cover the cost of the amounts established in point 7 of these Conditions. The operator reserves the right to deny registration in the CARRING application in case of a declined card or false data. Likewise, the user must notify the operator through the CARRING application or by email info@carring.eu, of any improper or fraudulent charge on the card used registered in the application as soon as they become aware of it.
5.5 It is prohibited for legal entities that can donate to register with service users.
5.6 Those under 18 years of age but over 16 may register as users of the CARRING service as long as they send, duly filled out, the authorization that appears on the website www.carring.eu or that can be downloaded from the application, signed by the father/mother or a guardian of the minor, in which the corresponding declaration of assumption of responsibility in favor of the minor is recorded.
In any case, the father/mother/guardian who authorizes the registration of the minor must send the operator, to info@carring.eu, an authorization, according to the model that appears on the website and in the application, authorizing the operator to collect the amounts/charges provided for in the service conditions on the bank card they own and that they designate for this purpose. Along with the authorization, the father/mother or guardian must send a photocopy of their DNI/NIE.
Registration will be processed in the case of minors under 18 and over 16 once the operator has received the indicated documentation duly signed.
5.7 To avoid duplication, it is prohibited for a user to register for a second time if he has yet to previously take the corresponding lower class.
5.8 Registered users of CARRING may donate by unsubscribing from the application at any time from the application itself. Likewise, users who have not been able to use the CARRING service for three years will be unsubscribed from the system, for which they will be able to use the service again and will not be able to carry out the registration process again.
5.9 The operator reserves the right to refund a registration request.
6. OPERATION OF THE SERVICE
6.1 Any application user can see the available carts regarding the seva location, so they must enable the mobile phone function “allow access to the new location”. The application will show on the map of Google Maps the different parking points of carts enabled by the municipality and the user’s current position. To be able to see the carts, it is optional to be logged in to the application. Still, to be able to use the carts the user must be registered with the application, log in and enable the function “allow automatic notifications” on the mobile phone. In contrast, these notifications are necessary for the operation of the service.
Each parking point on the map will indicate the number of cars available in real-time.
6.2 The application will inform of the location data of the public parking point for the user and the maximum times of use of the free service, according to the time at which it is easy to consult and the restricted service hours between 8 a.m. and 10 p.m. The user will have the right to serve a cart continuously and free of charge for a maximum of four hours in a row; however, the hours of the carts are from 8:00 a.m. to 10:00 p.m.
If the user exceeds the time of free use of the cart, he can return the cart at any time, but the established penalties will be applied at point 7.2 of these Conditions.
Outside of the cart service hours, the service will not be available.
6.3 The carts will be in a parking point anchored to a support. The user can release them from the support and use them through the CARRING application on their mobile phone. To use a cart, the user must click “PICK UP CART” in the application. If the user’s bank card associated with their account is active through the bank gateway used by the operator, a withholding of FIVE EUROS (€5.00) will be made on said bank card before the user releases the cart from its anchor to use it. The system retains these FIVE EUROS (€5.00) during the time set for the free use of the cart. The amount will only be charged to the user if this exceeds the period established for its return.
6.4 The service does not allow a trolley taken from a parking point to be returned to a different parking point, so the user must return the trolley to the same parking point where it was picked up. However, it must be anchored to the enabled part.
6.5 When removing a trolley from the parking lot where it is anchored, the user must check the perfect condition of all its elements. If after the pertinent checks the trolley does not work perfectly, the user will have to anchor it again in the anchoring module marked, having to verify that the trolley has been correctly anchored. If the anchoring cannot be carried out correctly, the user is obliged to notify said incident to the operator through the CARRING application or by sending an email to info@carring.eu.
6.6 When the user picks up a cart, the application will show him the free usage time available. It will inform him of the penalties applied if he returns the cart after the deadline or does not return it.
For the cart to be returned in due time, the CARRING application will notify users that the maximum return period for the cart is approaching when 15 minutes are remaining for its completion. Likewise, CARRING may also make notifications or reminders to the user related to the service while the user has not returned the cart.
6.7 When returning the cart, the user must ensure that it is properly anchored in the anchor support and check that the message appears in the application informing him that the cart has been successfully returned.
6.8 The availability of carts in each Cart Parking Area will limit the provision of the CARRING service.
6.9 In no case can a user take more than one cart simultaneously.
7. COST OF THE CARRING SERVICE
7.1 The CARRING service is free for the user as long as the cart is returned to the same parking point where it was picked up and within the period of use set at the time of picking it up.
7.2 Suppose the user exceeds the time of use established at the time of picking up the cart. In that case, the operator will apply the following charges as a penalty:
FIVE EUROS (€5.00) if the cart is returned within 24 hours after the expiration of the free use period.
– ONE HUNDRED SIXTY EUROS (€160.00) additional if the period of 24 hours following the expiration of the period is exceeded. In this case, the cart will be considered to have disappeared, regardless of whether the cause was robbery, theft or misappropriation. In this case, if the user returns the cart within the 72 hours following those first 24 hours already exceeded, the operator will make a payment of 50% of the ONE HUNDRED SIXTY EUROS (€160.00) charged as a penalty, provided that that charge actually occurred.
8. USER OBLIGATIONS
8.1 The user agrees to use the CARRING service and his username and password to identify himself in the application to make exclusively personal use of the service.
8.2 The user agrees to use the cart respecting these General Conditions at all times and with the diligence determined by the legal figure called good family father, being responsible for any improper use.
8.3 The user assumes custody of the trolley that has been borrowed and agrees to put into practice everything necessary to prevent its theft, theft and/or fraudulent use, including its obligation to leave the trolley anchored correctly in an anchoring module available at the same Cart Parking Area where you took it from when you finish using it.
8.4 The user accepts in advance that when picking up a cart the operator will make a withholding of FIVE EUROS (€5.00) on their bank card, which will end when the cart is returned within the authorized period of free use.
8.5 The user undertakes to return the cart in the same Cart Parking Area from where it was picked up and within the authorized period of use. Any breach of this obligation will entitle the operator to charge the amounts established in point 7 of these General Conditions.
8.6 The operator, for justified reasons, may request the cart’s return to the user at any time, with the latter having an obligation to return it.
8.7 Except for duly justified causes, the user undertakes to notify the operator of the loss, theft, theft or any other problem related to the use of the cart as soon as possible and a maximum of 2 hours after the events occur, notifying the info@carring.eu, leaving the cart in any case under your responsibility, according to the terms of points 8.3 and 10.1 of these General Conditions.
8.8 The user agrees to use the cart on public roads by traffic regulations and other Municipal Laws and Ordinances that may apply.
8.9 The user undertakes to leave the cart anchored correctly, verifying that it is properly anchored in the anchor support and checking that the message appears in the application informing him that the cart has been returned successfully.
8.10 In case of an incident in recognition of the cart’s return, the user assumes the obligation to notify the operator within 2 hours after the Cart Parking Area in which the cart has been anchored in order to that the cause of the incident can be identified.
8.11 The user undertakes to notify the operator of any change concerning the card issuing bank associated with the CARRING service, which can be done by updating the card details through the application itself.
8.12 The user assumes and accepts that the cart is an advertising element that can be exploited by advertising and that in the CARRING application, there may be spaces where businesses can offer their products. The operator will not be responsible for any error, inaccuracy, or irregularity that may be included in the advertising content of the businesses.
9. RIGHTS OF THE USER
The rights of the user that are detailed below are expressly recognized, regardless of any other right that may correspond to them, in accordance with current regulations.
9.1 The user who has registered in the CARRING application will have the right to use the available service carts under the conditions indicated in these General Conditions.
9.2 The user will have the right to have the service carts ready for use.
9.3 Request and receive service information.
9.4 Formulate suggestions, claims and complaints through the CARRING application or to the email info@carring.eu
9.5 Receive a response concerning the suggestions, claims, and complaints raised within a maximum period of one month.
9.6 If the CARRING service has made an undue charge by mistake, the user will have the right to be refunded these amounts within a month, counted from the decision of the service that declares the inadmissibility of the charge.
10. RESTRICTIONS ON THE USE OF CARRING
10.1 The user is expressly prohibited from lending, renting, or assigning the cart to third parties in any way.
10.2 It is prohibited for the user to use the carts in any way other than that provided in these General Conditions.
10.3 The user is authorized to use the cart according to the terms of these General Conditions, as long as proper use is made of it, for which reason it is prohibited:
– Any use on land or in inappropriate conditions or of a nature capable of damaging the cart.
– Any cart used on public roads that is not in accordance with traffic regulations and other municipal laws and ordinances.
– Any use of the cart may endanger the user or third parties or cause damage to any property.
– Any disassembly and/or total or partial manipulation of the cart, or its anchoring elements.
– The inscription of slogans, drawings or similar on the cart or in the Cart Parking Area.
– Make all kinds of graffiti, graffiti, stains, scribbles, writings, inscriptions, or graphics with any material (ink, paint, organic matter, or similar) or by scratching the surface of the cart or the elements of the Cart Parking Area
– Transport other people (including children), animals or bulky objects in the cart that could damage or deform it.
– In general, any abnormal or inappropriate use of the cart.
10.4 Per evitar danys a la seva estructura el carret no ha de ser carregat amb un pes superior a 60kg.
11. RESPONSIBILITIES OF THE USER
11.1 During the use of the cart, the user is solely responsible for the damages that may be caused to the cart that they have on loan and for the harm generated by the cart to third parties, animals, people, and any public or private property, caused by the normal or abnormal use of the cart, even when its usage exceeds the maximum duration of service established in these General Conditions, in case of late return by the user.
11.2 The user undertakes to use the service accurately, following the rules of these General Conditions, which he knows and accepts. Otherwise, the amounts of the penalties established in point 7 will be charged.
12. RIGHTS OF THE SERVICE OPERATOR
12.1 The operator reserves the right to deny access to the CARRING service to anyone who does not meet any of the conditions established in these General Conditions.
12.2 The operator reserves the right to withdraw access to the service and/or cart to a user at any time if the user does not respect the General Conditions or when the operator can deduce from concurrent circumstances that the user has failed to his obligations.
12.3 The operator will be excluded from any responsibility for the breach that the user makes of the provisions of these General Conditions.
12.4 The operator may file the legal actions it deems appropriate to defend its interests to claim the user for all or part of the amount of the cart or other constituent elements of the CARRING service in cases of loss, manipulation, deterioration of total or partial, or any further damage that prevents the use of the cart or any element of the CARRING service, as well as all those damages that derive from the incorrect use of the cart due to imprudence carried out by the user.
13. INTELLECTUAL AND INDUSTRIAL PROPERTY
13.1 Any use by third parties of the CARRING service and/or application or website or any similar identifying sign that could lead to confusion about its origin or ownership without the prior written authorization of the operator is expressly prohibited.
13.2 The operator holds the necessary rights to the content, design, and source code of the website and mobile applications with which the CARRING service is operated, especially, including but not limited to, the necessary rights to the photographs, images, texts, logos, designs, brands, trade names and data included in CARRING.
13.3 Likewise, the content of the website and of the mobile applications with which the CARRING service is operated is also considered a computer program. Therefore, all current Spanish and European Community regulations apply to them.
13.4 The total or partial reproduction of the web page and mobile applications with which the CARRING service is operated is expressly prohibited, not even through a hyperlink, nor of any of its contents, without the prior express and written authorization of the operator.
13.5 The use of search and data extraction tools or robots to extract parts of the web page and mobile applications with which the CARRING service is operated is not allowed without the express written consent of the operator.
13.6 Likewise, copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action that may violate current Spanish and/or international regulations on intellectual and/or industrial property is prohibited.
13.7 The operator informs that it does not grant an express or implicit license or authorization on intellectual and/or industrial property rights or any other right or property related, directly or indirectly, to the contents included in the CARRING service.
14. DATA PROTECTION
14.1 The operator will process the personal data of the users under Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, (RGPD), and Organic Law 3/2018, of 5 December, Protection of Personal Data and guarantee of digital rights (LOPDGDD).
14.2 When registering for the service, the user expressly transfers his personal data for treatment under the conditions and limitations of this service in favor of the managing operator of the CARRING service.
14.3 The user’s personal data will be processed to manage and develop the contracted services. This involves the use of the service itself, the sending of information on relevant aspects in relation to the use and enjoyment of the service, and evaluations of the service provided to promote its continuous improvement.
14.5 At any time, the user can exercise the rights of access, rectification, limitation of treatment, deletion, portability, and opposition, by contacting the operator in the contact forms in point 2 of these General Conditions.
14.6 In CARRING’s privacy policy, the user will find additional and detailed information on the treatment of their data by the operator.
15. WITHDRAWAL
15.1 The user may withdraw from this contract within 14 calendar days following the registration or renewal date without incurring any cost.
16. CLAIM FOR DAMAGES
16.1 Any claim for personal or material damage caused to a user that originates from the use of the CARRING service, the user must direct it to the Holder of the service, which, as specified in point 3 of these conditions, will be the City Council that has contracted with the operator the establishment of this service in your municipality or, where appropriate. This private entity has acquired it for use in its scope of action.
17. MODIFICATION OF THE PRESENT GENERAL CONDITIONS
17.1 The user of the CARRING service will be informed of any modification of these General Conditions, through its announcement in the application and/or on the website www.carring.eu, which must be validated each time they are updated to use the service.
18. PARTIAL NULLITY
18.1 If any clause of these General Conditions is declared void, the rest will remain in force. It will be interpreted taking into account the will of the parties and the purpose of these Conditions.
18.2 Failure by the operator to exercise any right derived from these Conditions shall not be construed as a waiver of this right unless the operator expressly waives it in writing or the prescription of the action that corresponds in each case occurs.
19. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
19.1 The operator may freely assign and/or transmit, at any time and by the applicable regulations, the rights and obligations related to these Conditions and the provision of the CARRING service itself.
20. APPLICABLE LAW AND COMPETENT JURISDICTION
20.1 These general conditions are governed and will be interpreted according to the laws of Spain.
20.2 Any dispute arising in the application or interpretation of these conditions, in addition to that with the existing contracts between the parties, shall be subject to the judges and courts of the user’s domicile when these have the condition of consumer or user of conformity with l’art. 3 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the defense of consumers and users and other complementary laws; otherwise, the jury and the courts of the town of Vic (Barcelona) will be competent.
21. INFORMATION ON DISPUTE RESOLUTION
21.1 Information on the resolution of disputes online under art. 13.1 of Regulation (EU) 524/2013:
The European Commission provides an online dispute resolution platform, which is available at the following
link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=CA
22. CONFORMITY TO THE PRESENT GENERAL CONDITIONS
22.1 The fact of marking the section corresponding to the CARRING application or its web page about these General Conditions entails its express acceptance by the user and a declaration of contingent knowledge.
22.2 In case of non-compliment with these General Conditions, the operator may block the user’s account.