1) PURPOSE AND SCOPE OF APPLICATION
These General Conditions of Contract are intended to regulate the relationship between MATTHIEU ATZENHOFFER (hereinafter “THE COMPANY”) and you (hereinafter “the User”), regarding all transactions carried out through the website www.matthieuatzenhoffermof .com (hereinafter, “the Web”), domain owned by THE COMPANY, with registered office at Ronda d’Orient 48, 2º 2ª – 08203- SABADELL (Barcelona), with NIF number Y2745008H.
For any questions, you can contact us at the e-mail address firstname.lastname@example.org
Online contracting of the products and/or services offered by THE COMPANY through this website will be subject to the provisions of these General Contracting Conditions.
2) ACCEPTANCE AND ACCEPTANCE TEST
The acquisition of the products and/or services ADD BASKET AND BUY must be done through the activation of the FINISH PURCHASE OR PLACE ORDER buttons that appear at the bottom of the page of the purchase requests, and express the total acceptance of each and every one of the Contract Conditions as shown on the website of THE COMPANY prior to the acquisition of the products/contracting of the services, without any changes that may occur in the clauses of the Contract Conditions being applicable. subsequently.
From the moment of acceptance, the user acquires the condition of User of THE COMPANY that is described in these General Conditions of Contract. Any product or service offered subsequently by THE COMPANY must be subject to a new contract.
THE COMPANY will send the User, once these Conditions of Contract have been expressly accepted, justification of the contract made, with all its terms, via email within 24 hours of the purchase.
THE COMPANY informs you that for legal reasons it archives the electronic documents in which the purchases are formalized, to which you can access said documents at any time, requesting it from our User Service.
3) PRICES, METHOD OF PAYMENT, ACTIVATION AND AUTHORIZATION OF ACCESS AND WITHDRAWAL
The current price will be the one indicated on the website at the time of purchase, except for a typographical error. The prices indicated on the website all include VAT (Value Added Tax) or any other tax that may be applicable. When the price is different due to a typographical error, this will be communicated to the USER, via e-mail, before proceeding with the payment.
However, in accordance with the provisions of Law 37/1992, of December 28, regulating said tax, the operation may be exempt or not subject to it depending on the buyer’s country of residence and the condition in which he acts. himself (entrepreneur/professional or individual). Consequently, in some cases the final price of the order may be altered with respect to the one shown on the website.
The offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer.
THE COMPANY reserves the right to make on the Web, at any time and without prior notice, the modifications it deems appropriate, being able to update products and services based on the market.
Value Added Tax And Billing
In accordance with articles 69 and 70 of Law 37/1992, of December 28, on Value Added Tax, the provision of services will be understood to be located in the territory of application of Spanish VAT if the recipient resides in Spanish territory except Canary Islands, Ceuta and Melilla, which in this case, the corresponding tax will apply, or the recipient is not a businessperson or professional acting as such, and who is established or has his residence or habitual residence in another Member State, provided and when the limit provided for in article 73 of the same Law has not been exceeded. The aforementioned limit will be 10,000 euros for the total amount. In all other cases, the corresponding analogous tax will be applied.
3.2 Form of payment
Purchases, depending on the products to be purchased, can be paid through the means listed below:
Card (Visa, Master Card or American Express)
3.3 Activation and access authorization
THE COMPANY will inform by email of the steps necessary for the user to access their account. However, access to services will not be available until THE COMPANY has proof of payment and it is effective.
Once they have formalized the payment, and this is accredited, they will access the campus through a username and password that must be created by the same user when making the purchase. Once the purchase of the course has been made, and as soon as possible, THE COMPANY will issue the corresponding invoice.
The activation of the courses will be carried out within a maximum period of 24 hours. The user will be able to enjoy the contracted services by accessing the Virtual Campus Portal through the user account provided. The courses are exclusively online, so no material will be sent physically via mail or the like.
In the same way, it is not allowed to transfer or transfer the access data. The user must ensure that their access data is not known by third parties.
3.4. Right of Withdrawal
The User may have a withdrawal period of 14 calendar days from the date of purchase. The User shall notify THE COMPANY, within the stipulated period and by any means permitted by law, of their desire to exercise the right of withdrawal.
To exercise the right of withdrawal, you must notify THE COMPANY, RONDA D’ORIENT 48, 2º 2ª – 08203 – SABADELL – BARCELONA or email email@example.com of your decision to withdraw from the contract through an unequivocal statement (for example , a letter sent by post or email).
In both cases, THE COMPANY will notify you without delay on a durable medium of the acknowledgment of receipt of said withdrawal.
In case of withdrawal by you, we will return all payments received from you, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise.
However, according to article 103.m of the Law for the Defense of Consumers and Users (TRLGDCU), the right of withdrawal will not be applicable to contracts that refer to:
The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that consequently they lose their right of withdrawal.
The service is considered to be completed when access to the digital content has been established. From this moment on, the withdrawal period will be suspended and may not be exercised by the user at the time the passwords are used to access the digital content and the user begins the training.
For any claim or query you can contact THE COMPANY at the address RONDA D’ORIENT 48, 2º 2ª – 08203 – SABADELL – BARCELONA or by email firstname.lastname@example.org
4) PROCEDURES TO ENTER INTO THE CONTRACT
For the acquisition of the products and/or services offered on the Web, it is only required to fill in the purchase form (request) with personal data and payment data.
Once a purchase request is received, THE COMPANY will immediately send a confirmation of the order to the email address indicated in the purchase request within 24 hours of it.
The language in which the contract between THE COMPANY and the User will be concluded is Spanish – English – French.
6) LEGAL GUARANTEE AND RESPONSIBILITIES OF THE COMPANY
The products are covered by a two-year legal guarantee against lack of conformity under the provisions of the General Law for the Defense of Consumers and Users (Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16). By virtue of said Law, the consumer has the right to claim against the seller, in the event of any lack of conformity that exists at the time of delivery of the good in the terms and conditions established therein.
If the lack of conformity of the product is manifested during the first six months, it is understood that the fault already existed when the product was delivered, unless the contrary is proven or when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
If the lack of conformity is manifested after those first six months, it will be up to the User to prove that the defect is of origin so that it is covered by the legal guarantee.
The User has the obligation to report possible defects and non-compliance within 2 (two) months of their detection.
In the event of a lack of conformity, we will proceed, at our expense, to restore the conformity of the product by repairing/replacing or reducing the price, as established by current legal provisions.
Warranty assistance requires the prior presentation of the purchase invoice.
All the rights that the Laws in force guarantee to consumers and users are guaranteed.
Failure to comply with any of the Contract Conditions may lead to the return of the products or the cancellation of the services acquired by the Client.
7) RESPONSIBILITIES OF THE USER
The User undertakes to make lawful use of the services, without contravening current legislation, or harming the rights and interests of third parties.
The User guarantees the veracity and accuracy of the data provided when completing the contracting forms, avoiding causing damage to THE COMPANY as a result of their incorrectness.
Failure to comply with any of the Contract Conditions may give rise to the withdrawal or cancellation of the services by THE COMPANY, without the need for prior notice to the User and without this giving the right to any compensation.
8) AFTER-SALES SERVICES
For any query, incident, complaint or claim after the acquisition of the products or services, THE COMPANY makes a User Service available to the User at the email email@example.com
The User may have proof of their complaints, which will be dealt with in the shortest possible time and, in any case, within a maximum period of one month, through the delivery, by THE COMPANY, of an identification key and a supporting document. in writing on paper or any other type of durable medium.
9) INDUSTRIAL AND INTELLECTUAL PROPERTY
The intellectual and industrial property rights over the works, trademarks, logos, and any other subject to protection, contained on the website of THE COMPANY correspond exclusively to THE COMPANY (or to third party authorizers), to whom corresponds the exclusive exercise of the exploitation rights of the same in any way and, especially, by way of example and not limitation, the rights of reproduction, copying, distribution, transformation, marketing, and public communication.
The unauthorized reproduction, distribution, marketing or transformation of such works, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of THE COMPANY or of the owner thereof, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.
By accepting these General Conditions of Contract, the User undertakes to respect the Industrial and Intellectual Property rights owned by THE COMPANY and third parties.
10) JURISDICTION AND APPLICABLE LAW
In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will hear the matter, will be those provided by the applicable legal regulations in matters of competent jurisdiction, in which is attended, in the case of final consumers, to the place of fulfillment of the obligation or to the domicile of the purchasing party.
All this without prejudice to the User’s power to go to the Consumer Arbitration Board of his demarcation.
In the case of a sale made by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona (Spain).