May 25, 2018
1. Purpose and general
- Website owner:
– Company Name: ESCUELA DIGITAL NUEVA GENERACIÓN S.L.
– VAT ID: B-88627138
– Tax Address: Calle Jerónimo del Moral 15 – 28350 Ciempozuelos – Madrid
- Purpose of the website: marketplace of online and distance learning courses.
- E-mail: info@arteescuela.com
These Terms of Use regulate the use of the website www.arteescuela.com (hereinafter “arteescuela.com”) owned by ESCUELA DIGITAL NUEVA GENERACIÓN S.L., registered in the Mercantile Registry of Madrid, Entry 47 of Journal 133, and recorded in Inscription 1 of page M-718308, folio 30 of volume 40451 of the file, Entry: 1.
arteescuela.com is a Marketplace (virtual marketplace) of online and distance learning courses where our users and clients can buy the products and services offered by our associated businesses (Educational Partners). arteescuela.com does not provide any of the services offered, nor is it a manufacturer, supplier or distributor of the products offered.
In any case, access to www.arteescuela.com by any Internet user implies acceptance and compliance with these Terms of Use and any other particular condition of the product or service offered, so that prior to access and / or use of such content the user must carefully read these Terms of Use.
For the purchase of the products or services offered in the promotions and their formalization, arteescuela.com will previously provide on the web the specific conditions of the same, as particular conditions that must be expressly accepted by the user and that will form an integral part of the Conditions of Use.
Applicable standards
These Conditions of Use are subject to the provisions of Law 7/1998, of April 13, 1998, on General Contracting Conditions, Law 26/1984, of July 19, 1984, General Law for the Defense of Consumers and Users, Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions, Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data, Law 7/1996, of January 15, 1996, on the Regulation of Retail Trade, and Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce.
3. Users
www.arteescuela.com is a website that can be freely accessed and visited free of charge by all Internet users over 16 years of age, without the need to register until the start of a purchase or the request to receive offers and/or discounts (hereinafter referred to as “Visitors”).
Persons who wish to receive, periodically, in their e-mail address the offers and discounts available must be “Subscriber Users”, which is acquired by completing and sending the form available on the Web Site for this purpose. The periodicity of sending information about the offers will be daily for each new promotion. Users who want to sign up for promotions and purchase, must have the status of “Registered User”, which is acquired by completing at least the required fields marked with [*] and sending the form in the “Register” section or any other form sent by arteescuela.com directly or through third parties.
If the Registered User does not wish to receive the offers or change his/her preferences, he/she must deselect or select within the user control panel. In any of the three previous cases (Visitor, Subscriber User and Registered User), the access and/or purchase of the products and services offered through arteescuela.com implies the acceptance and compliance with the Terms of Use in the version published at the time of accessing the Web Site.
arteescuela.com reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or indemnification.
4. Information about the offers
Each offer will include specific conditions of the services and/or products offered. Specifically, it will contain the specific and necessary information for the use of the product and/or service, the terms of validity, the requirements, restrictions, limitations or technical, physical or legal warnings about the product or service, which will be considered as particular conditions and which must be expressly accepted at the time of purchase by the users. All offers and promotions are subject to expiration. Unless otherwise indicated, the validity period shall be seven days from the date of their communication.
The descriptions of the products or services offered on the Web Site are based on the information provided by arteescuela.com’s collaborators. The photographs or videos relating to products and services and trade names, trademarks or logos of any kind contained on the website arteescuela.com are about the actual products or services offered and offered for sale in order to give the most truthful and accurate information about the product or service and its features. However, express mention is made of their informative and guiding nature and that they are not exhaustive in nature.
arteescuela.com rejects any responsibility for the information not directly elaborated by arteescuela.com not published in an authorized way by it under its name, as well as the responsibility arising from the misuse of the contents, and reserves the right to update, delete, limit or prevent access to them, temporarily or permanently.
5. Pricing
All offers indicate the price of the products and/or services without the application of the discount and the same price applied with the discount. The prices shown on the website include VAT and any other taxes that may apply. Registered Users who have purchased a product and/or service will not be required to pay any extra amount to the partner or third party for the enjoyment of the product and/or service unless they request an additional service not included in the offer.
6. Payment methods and security
Payment will be made by credit or debit card, through PayPal account when available, through Aplázame installment payment for amounts over 169€ and by bank transfer. Bank transfer will only be available upon request. When placing the order and/or accepting the purchase, the Registered User who decides to pay by credit card will be redirected to a secure payment gateway provided by the bank where he/she will provide the credit or debit card details, the expiration date, the CVV2/CVC2 (the three (3) security digits on the back of the card), as well as the name of the cardholder if required.
For each purchase, the user must provide the requested information that will be processed through “secure on-line payment gateways”, because arteescuela.com does not store bank details in the Registered User’s account once the purchase is confirmed and finalized.
arteescuela.com has the maximum security measures commercially available in the sector. In addition, the payment process runs on a secure server provided by the bank using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the Registered User’s computer and the Web Site’s computer.
SSL (Secure Socket Layer) encryption technology allows all personal data requested in a transaction, such as name, address or credit card number, to be securely transmitted. Encryption is the encoding of data in such a way that only those involved in a transaction can interpret it. Encryption prevents outsiders from intercepting transactions and learning their contents.
The Registered User must notify arteescuela.com of any undue or fraudulent charge on the card used for purchases, by email or telephone, in the shortest possible time so that arteescuela.com can make the appropriate arrangements.
7. Shipment method
At the end of the purchase, a code will be sent to the Registered User’s e-mail address as proof of purchase, which is essential to validate the purchase of the product or service against the collaborator. The purchase code is unique for each purchase made and will serve to identify its validity and validity for the enjoyment of the product or service purchased.
8. Availability and duration of the offer
The availability of discounts and offers offered by the collaborators to arteescuela.com will be fixed in each case according to the service or product promoted. All updated information on the availability and duration of the offer will be available to web users for the duration of the offer.
9. Service provision / product delivery
Each purchase made by the Registered User requires the acceptance of the Terms of Use, by checking the corresponding box, and expressly and unequivocally implies the knowledge and acceptance of the particular conditions and details of the services and/or products of the offer purchased.
ArtSchool. com reserves the right to use the work done by the students (both proposed practices delivered for correction by the teachers, as well as free exercises that you send us by any means, for educational and/or commercial purposes. Its use will be made while maintaining the anonymity of the author, unless he/she expressly wishes so.
10. Cancellation
The holder of the purchase code will have the right to have arteescuela.com reimburse the amount paid within a period not exceeding 14 working days from the date of payment. Such cash refund may be requested by e-mail to info@arteescuela.com. After this period, the holder shall not be entitled to a refund.
11. Recommendations
To recommend any of the arteescuela.com offers, you must log in or activate your account to share it with your friends. When a Registered User recommends arteescuela.com to a friend, he/she will do it directly from his/her own e-mail address, providing only and exclusively arteescuela.com the access to his/her Web page through the Link “Share it”. It will be the Registered User himself/herself who will respond to any possible responsibility derived from such recommendation. arteescuela.com shall have no responsibility since it is the Registered Users themselves who make the recommendations.
In accordance with Law 15/1999, of Protection of Personal Data, we inform you that all e-mail addresses provided by the Registered User will be treated with the utmost confidentiality and for the sole purpose of sending an e-mail invitation to register on the web, not being incorporated into the files of arteescuela.com without the subsequent consent of the owners through their prior registration as a web user, so that any forwarding of e-mails of invitation will be the result of an action or express request of the user who invites.
12. Contests
arteescuela.com may conduct contests on the website www.arteescuela.com. Participation in these contests is completely voluntary. The data requested may include personally identifiable information. By participating, you agree to all terms and conditions, which will be clearly specified in the rules.
13. Intellectual and industrial property
The contents provided by arteescuela.com are subject to intellectual and industrial property rights and are the exclusive property of arteescuela.com or of the natural or legal persons that are informed. By acquiring a product or service, arteescuela.com does not confer to the purchaser any right of alteration, exploitation, reproduction, distribution or public communication on it, reserving arteescuela.com all these rights. The transfer of the aforementioned rights shall require the prior written consent of the owner thereof, so that the customer may not make such content available to third parties. The intellectual property extends, in addition to the content included in arteescuela.com, to its graphics, logos, designs, images and source codes used for programming.
arteescuela.com has obtained the Information and materials included in the web from sources considered reliable and, although reasonable measures have been taken to ensure that the information contained is correct, arteescuela.com cannot guarantee that at all times and under all circumstances such information is accurate, complete, updated and, consequently, should not be relied upon as if it were. arteescuela.com expressly disclaims any liability for error or omission in the information contained in the pages of this website.
arteescuela.com informs that it does not grant any license or implicit authorization on the intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, with the contents included in the web.
14. Access and stay on the website
Registered Users, Subscriber Users and Visitors (“Web Users”) are fully responsible for their conduct in accessing information on the Site, while browsing the Site, as well as after accessing the Site. The Web User agrees to diligently and faithfully observe the recommendations established by arteescuela.com regarding the use of the Web Site. For these purposes arteescuela.com will address the Web Users by any means of communication through the Web Site.
The Web User agrees not to use any of the contents that arteescuela.com, put at your disposal, developed or not by arteescuela.com, published or not under its name officially, to develop activities contrary to law, morality or public order. Those who access the Web Site must observe the applicable legislation, the codes of ethics or conduct that may be subscribed, and the general rules of use of the web. According to these, they will refrain from any action to the detriment of arteescuela.com. The Web User will be liable for any damages that arteescuela.com may suffer as a result of a breach of any of the obligations set forth herein.
arteescuela.com reserves the right to update the contents when it deems convenient, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as to deny access to the web to Registered Users and Subscriber Users who misuse the contents and/or violate any of the conditions that appear in these Terms of Use.
arteescuela.com informs that it does not guarantee that access to the website will be uninterrupted or error-free. Nor does it guarantee that the content or software that Registered Users, Subscribed Users and Visitors access through the website or the linked website does not contain any error, computer virus or other elements in the content that may cause alterations in your system or in the electronic documents and files stored in your computer system or cause any other type of damage.
15. Links to other Internet sites
The website www.arteescuela.com of arteescuela.com may contain links to other pages of third parties. Therefore, it cannot assume responsibility for the content that may appear on third party sites. The texts, images, sounds, animations, software and the rest of the contents included in this website are the exclusive property of arteescuela.com or its licensors. Any act of transmission, distribution, transfer, reproduction, storage or total or partial public communication must have the express consent of arteescuela.com.
16. Responsibilities
arteescuela.com disclaims any liability for any decision taken by the user of the Web Site as a result of the information contained therein. Remember that the descriptions of the products or services offered on the Web Site are based on the information provided by arteescuela.com’s collaborators. The photographs or videos relating to products and services and trade names, trademarks or logos of any kind contained in the website arteescuela.com are about the actual products or services offered and offered for sale in order to give the most information about the product or service and its features.
arteescuela.com rejects any responsibility for the information not directly elaborated by arteescuela.com or not published in an authorized way by it under its name, as well as the responsibility arising from the misuse of the contents, and reserves the right to update, delete, limit or prevent access to them, temporarily or permanently.
In the event that the Registered Users who have purchased, initiate any type of claim about the good, product and/or service, such claims or actions exempt arteescuela.com, its manager, directors, operators, representatives and attorneys-in-fact from all liability. arteescuela.com, within its policies for the admission of its collaborators, specifies the integrity, honesty, social responsibility and moral soundness of each one of them, as well as the quality of their products and services.
17. Indemnification
The Registered Users, Subscribers and Visitors (“Web Users”) will hold harmless arteescuela.com, its directors, administrators, representatives and employees, for any claim or demand from third parties related to the activities promoted within the Web or for the breach of the Terms of Use and other policies that are understood to be incorporated herein or for the violation of any laws or rights of third parties.
18. Nullity
If any clause included in these Terms of Use is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the Terms of Use shall survive in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.
19. Modification of general conditions of use
arteescuela.com reserves the right to modify, at any time, the presentation and configuration of the Web Site, as well as these Terms of Use. Therefore, arteescuela.com recommends the Registered User and Subscriber User to read them carefully each time he/she accesses the Web Site. Registered Users and Subscriber Users will always have the Terms of Use in a visible place, freely accessible for any queries they may wish to make. In any case, the acceptance of the Terms of Use will be a prior and indispensable step to the acquisition of any product and/or service available through the Web Site.
20. Applicable Law and Jurisdiction
These General Conditions are governed by Spanish law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s domicile. Likewise, as an entity adhered to Confianza Online and under the terms of its Code of Ethics, in case of disputes related to online contracting and advertising, data protection and protection of minors, the user may resort to Confianza Online’s out-of-court dispute resolution system (www.confianzaonline.es).
In the event of a complaint, if you consider it necessary, you can file it through the European Online Dispute Resolution Platform.
21. Subscriptions
Before using the Services offered by Escuela Digital Nueva Generación SL, hereinafter ArteEscuela.com, you agree to read and accept the following Terms and Conditions:
These general conditions of use of ArteEscuela.com regulate the use and access to the website www.ArteEscuela.com owned by Escuela Digital Nueva Generación SL.
Acceptance of these conditions implies a binding contractual relationship between you and ArteEscuela.com.
Please note that access to the platform implies knowledge and acceptance of the following conditions. In addition, by registering as a user, you agree to fully comply with this agreement and acknowledge that you are fully informed of all the provisions contained herein. If you do not accept all the terms of these conditions, you will not be able to continue with the subscription process and you will not be able to use the services offered by Escuela Digital Nueva Generación SL through this tool.
These rules have been adopted in accordance with the legislation to guarantee the freedom of users, as well as a quality Internet service.
In order to use the platform, the user must give express consent for the processing of personal data.
Likewise, all registered users guarantee that the personal data provided are true and accurate and undertake to notify Escuela Digital Nueva Generación SL of any change or modification thereof.
Escuela Digital Nueva Generación SL reserves, without being obliged to do so, the right to request any official information in order to verify the veracity of the personal data provided.
In the event that a registered user provides false, inaccurate or incomplete data or, if Escuela Digital Nueva Generación SL has reasonable grounds to doubt its veracity, it may deny access and present and future use of the platform and cancel any current contract without prejudice to initiate the corresponding legal actions.
21.1 Underwriting policy
These General Conditions of Subscription (hereinafter, the CONDITIONS) regulate the contractual relationship between Escuela Digital Nueva Generación SL and the subscriber (whether natural or legal person) who contracts a subscription (hereinafter, the SUBSCRIBER or SUBSCRIBERS) to Escuela Digital Nueva Generación SL These CONDITIONS may be modified at any time, informing the subscriber by ordinary mail, e-mail or notice on the website of Escuela Digital Nueva Generación SL.
21.2 Terms and conditions of subscription
- Object
The purpose of this document is to establish the CONDITIONS that will be applicable to the SUBSCRIBER, from the moment of sending the form established for this purpose by Escuela Digital Nueva Generación SL to request the subscription (hereinafter the Subscription Form) to Escuela Digital Nueva Generación SL, it being understood that from that moment onwards the SUBSCRIBER consents to the subscription contract.
- Contracting parties
On the one hand, Escuela Digital Nueva Generación SL, whose main activity is the development of educational media, and on the other hand, the SUBSCRIBER.
- Subscription contracting
The subscription to Escuela Digital Nueva Generación SL can only be contracted by persons over 18 years of age, with sufficient capacity to contract, in their own name and right or in the name of the legal entity they represent with sufficient power of attorney.
All persons contracting the subscription shall be considered, for the purposes of the contracts described herein, as consumers.
By subscribing to Escuela Digital Nueva Generación SL and in exchange for the economic consideration established in the subscription form according to the subscription modality contracted, the SUBSCRIBER will receive the contracted offer. Product offers that are promoted upon payment of an additional price will not be part of the subscription.
- Subscription to Ediciones Prensa Libre S.L.
To proceed with the subscription of Escuela Digital Nueva Generación SL. it will be necessary for the interested party to fill out the Subscription Form in which various personal data are collected, which he/she will provide freely and voluntarily.
Escuela Digital Nueva Generación SL. guarantees compliance with the regulations on Data Protection, specifically, the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights (hereinafter, LOPDGDD) and its regulations. Escuela Digital Nueva Generación SL has the necessary security measures to ensure security and confidentiality in the processing of personal data subject to the LOPDGDD. When the interested party requests to become a subscriber of Escuela Digital Nueva Generación SL, their personal data will be incorporated into a file, duly registered in the General Register of the Spanish Data Protection Agency, owned by Escuela Digital Nueva Generación SL, and whose purpose is to maintain the business relationship with the SUBSCRIBER.
At any time, the SUBSCRIBER may exercise his/her rights of access, rectification, cancellation and opposition to the processing of his/her personal data by sending a communication to Escuela Digital Nueva Generación SL, either by sending an e-mail message to the e-mail address info@arteescuela.com indicating the subject, or by sending a letter to the address: Calle Jerónimo del Moral 15, 2ºC-D, 28350, Ciempozuyelos, Madrid, indicating on the envelope “Customer Service Department”. In any case, a photocopy of the DNI, NIE or equivalent document must be provided and the right requested must be specified.
The SUBSCRIBER declares that each and every one of the data and information provided is true, and Escuela Digital Nueva Generación SL reserves the right to exclude from the subscription any SUBSCRIBER who has provided false data, without prejudice to the actions that may be applicable by law.
Likewise, the SUBSCRIBER declares that he/she knows and accepts, in its entirety, the CONDITIONS that will govern between the parties from the moment the subscription to Escuela Digital Nueva Generación SL is contracted.
- Conditions and content of the offer
ArteEscuela.com reserves the right to modify and/or add services included in the different subscription modalities, as long as it notifies the subscriber with reasonable notice. The modifications will affect new SUBSCRIBERS as of the beginning of the contracting and the SUBSCRIBERS already active at the time of the change of conditions, as of the moment their subscription is renewed.
In the event that ArteEscuela.com decides to cancel any service for business or other reasons, it must notify the subscriber who is affected, with reasonable notice, in order to give him/her the opportunity to cancel the subscription if he/she wishes, without any additional cost to him/her.
Subscription to ArteEscuela.com will begin at the end of the subscription process on the website.
- Fees and payments
The price of each type of subscription and the different forms of payment will be clearly stated in the Subscription Form. Any change that ArteEscuela.com may make in the subscription modalities and/or in the payment methods will be published in this Web and informed to the subscribers with reasonable notice. The modifications will affect new SUBSCRIBERS as of the beginning of the contracting and the SUBSCRIBERS already active at the time of the change of conditions, as of the moment their subscription is renewed.
The prices indicated always include the applicable taxes according to the SUBSCRIBER’s tax residence.
The SUBSCRIBER shall pay the corresponding fee through the means selected from among those indicated, and the charge shall be made, in general, at the beginning of the subscription. The SUBSCRIBER agrees to pay for the subscription to ArteEscuela.com and accepts that, if it is not possible for ArteEscuela.com to invoice and/or collect payment, the requested subscription will not be granted or will be cancelled if it is active.
In addition, in case of non-payment, ArteEscuela.com reserves the right to take the necessary legal measures in order to comply with the financial obligations arising from the subscription contract. ArteEscuela.com may, whenever it deems it necessary, modify the subscription rates. The changes in the rates will affect new SUBSCRIBERS from the beginning of the contract and the SUBSCRIBERS already active at the time of the change of conditions, from the moment their subscription is renewed.
- Subscription term
ArteEscuela.com will inform of any change in the price and/or in the type/s of subscription, prior to its processing and with reasonable notice, so that the SUBSCRIBER, in the event that he/she does not wish to continue with such subscription, may proceed to its cancellation.
If the SUBSCRIBER does not wish to contract the subscription for an indefinite period, it shall be sufficient for him to make this known at any time during the term of his subscription, in order to modify such term.
- Subscription cancellation
The cancellation of the subscription will not imply, at any time, the reimbursement of the amounts that the SUBSCRIBER had paid as consideration for the subscription to ArteEscuela.com. These amounts are non-refundable.
To proceed with the cancellation, when the contracted subscription allows it, the SUBSCRIBER must access his/her user profile and unsubscribe from the control panel enabled for this purpose. In case of doubt or technical difficulty, you can contact our customer service email info@arteescuela.com requesting the same and / or we will help you in everything you need.
- Modification of subscription
The SUBSCRIBER may modify the contracted subscription at any time as long as such subscription permits during the term of the subscription. The modification of the subscription will not imply, at any time, the reimbursement of the amounts that the SUBSCRIBER would have paid as consideration for the subscription to ArteEscuela.com. These amounts are non-refundable.
- Intellectual Property
All contents of ArteEscuela.com are the exclusive property of ArteEscuela.com.
ArteEscuela.com constitutes a work protected by the legislation on Intellectual Property so it may not be reproduced, distributed, transformed or communicated publicly in any form, except for personal use by the SUBSCRIBER.
Likewise, the SUBSCRIBER may not duplicate, sell, resell or exploit in any way the contents of ArteEscuela.com.
ArteEscuela.com reserves the right to take appropriate legal action against those who violate this clause.
- Termination of the contract
ArteEscuela.com reserves the right to terminate this contract with those subscribers who contravene the provisions of these CONDITIONS, without the possibility of reimbursement if payment has been made.
ArteEscuela.com only undertakes to refund the subscription price in those cases in which the subscriber’s cancellation is due to an incident attributable to ArteEscuela.com and that it has not been able to solve.
- Document
The contract document between the SUBSCRIBER and ArteEscuela.com is composed of the present CONDITIONS and accepted in the subscription form with your personal and payment data.
The SUBSCRIBER has the possibility to print or store these CONDITIONS.
- Applicable law and jurisdiction
This agreement shall be interpreted and governed in accordance with Spanish law. ArteEscuela.com and the subscriber agree to try to resolve, in an amicable manner, any disagreement that may arise in the development of the contracted service, prior to going to the jurisdiction contemplated.
To this effect, the parties, expressly waiving any jurisdiction that may correspond to them, submit to the Courts and Tribunals of Madrid.
PRE-CONTRACTUAL INFORMATION
1. In compliance with the law 3/2014, this pre-contractual information aims to provide in a clear and understandable way to the consumer the information of the products offered. The general conditions of purchase and sale that will apply at the time of acceptance of the offer, as well as the cancellation document, are attached.
2. The front of this document presents the main characteristics of the goods or services, the identity of ESCUELA DIGITAL NUEVA GENERACIÓN S.L., at the address c/ Jerónimo del Moral 15, 28350 Ciempozuelos, Madrid. The total price of the goods and the procedures for payment, delivery and/or service, as well as the date on which the company undertakes to deliver the goods or perform the service.
4. RIGHT OF WITHDRAWAL. The buyer has 14 calendar days, counting from the date of registration of the course(Law 03/2014, of March 27 on contracts concluded outside commercial establishments. To exercise the right of withdrawal, the consumer must notify his decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail) to the Seller’s address indicated above. You may use the model withdrawal form below. In order to meet the withdrawal deadline, it is sufficient that the communication concerning your exercise of this right is sent before the expiration of the withdrawal period. The burden of proof of such communication rests with the buyer.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL.
The customer will not have the right to cancel the purchase if the period of initiation of the course is less than 7 calendar days from the sending of the request.
GENERAL CONDITIONS OF THE SALES CONTRACT
1. The purchaser, who declares to be of legal age and to have sufficient capacity to act, accepts the general conditions of the contract. The Buyer also declares the truthfulness and accuracy of the personal data provided, obliging the Buyer to inform the Seller of any change of marital status, employment, socio-economic situation, bank, address and telephone number other than the one stated in the contract, until the full price of the purchased items has been paid in full.
The purchaser expressly consents to the display of all work produced by the purchaser for communication purposes without the need to expressly request consent.
2. The signatures of this document by the purchaser shall give effect to this purchase and sale agreement and conformity of services.
3. The purchasing party, in the case of more than one person, are jointly and severally liable to the company for the fulfillment of the obligations arising from this contract.
4. The purchaser declares to have expressly requested the services indicated on the front of this document, whose signature certifies the confirmation of the same, to his entire satisfaction. It also undertakes not to sell and/or offer them to others.
5. If the sale is made on a deferred basis, the buyer shall pay in due time and form the installments agreed between the parties. Failure to pay all or part of at least three installments when due may give rise, at the Seller’s option, to early payment of the remaining installments of subsequent dates and to demand full payment of the debt without waiting for the due date of the monthly installments. The debt includes the total principal of the debt, both past due and unpaid (including principal, arrears and expenses incurred), as well as that which is due in advance and, therefore, payable.
6. In cases where the amount of the services was presented to a financial institution for deferred payment, and for any reason the financial institution definitively rejects the financing of this purchase, and the products and/or services have been delivered, the Seller shall inform the buyer of this fact, and the buyer shall have a maximum period of 14 calendar days to choose to pay the full deferred price for the goods purchased, or return the same in perfect condition, at no additional cost.
7. The Buyer authorizes the Seller to assign the rights derived from this contract, including its personal data, to the identified financial institution, which will then issue the deferred payment receipts, which will imply that the assignment has taken place.
8. DATA PROTECTION. The personal data provided in this document will be registered and incorporated in the automated Client Files for which the Seller (according to the data appearing on the front of this contract) and the financial institutions participating in the transaction, hereinafter “the Financiers”, (see list of the Financiers at the end of this document) are responsible, on the one hand, and on the other hand, and will be treated with the utmost confidentiality, for the purpose of managing the execution of the purchase/financing contracts to be entered into with the Seller and the Financiers, and protected by the legitimate interest of the latter to consult their data in the existing solvency files, as well as the Risk Information Center of the Bank of Spain, in order to make a correct risk assessment, provide greater security in the activity and improve the marketing of the products and services offered. Likewise, the Client accepts the sending of commercial communications to send or communicate, by any means including mail, telephone, Internet or SMS, e-mail, information, advertising and offers of products and services distributed by the Financieras unless otherwise indicated at the time of signing the contract.
9. In order to provide a better service to the contractual relationship, the Buyer expressly authorizes the Seller and the Financiers to record the telephone conversations that the latter may have with the Buyer. Such conversations may be considered by both parties as evidence in any judicial or extrajudicial proceedings in which the parties are involved.
10.RIGHT OF WITHDRAWAL. See the RIGHT OF WITHDRAWAL clause in the PRECONTRACTUAL INFORMATION above.
11. JURISDICTION. For any dispute regarding the validity, interpretation or execution of this contract, the parties expressly submit to the courts and tribunals of the consumer’s domicile, and failing that, of the place where the contract was concluded.
