GENERAL CONTRACTING CONDITIONS
Introduction
This contractual document will govern the General Conditions for contracting online appraisal services (hereinafter, "Conditions") through the website https://www.peritcam.com/, owned by Héctor Linares Morales under the trademark of PeritCam, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website for the USER to reproduce and save as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER's responsibility to read them periodically, since those in force at the time of placing orders will be applicable.
Contracts shall not be subject to any formality except in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- You have read, understood and comprehend what is stated herein.
- A person with sufficient capacity to enter into contracts.
- Assume all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and aware of the current legislation, and reserves the right to unilaterally modify the conditions, without this affecting the terms and conditions that were implemented prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the online appraisal services contracted by the USER is Héctor Linares Morales, with registered office at C/ Els Ports, 3, 12005 – Castellon (Castellón De La Plana), NIF 20248892Z and customer/USER service telephone number 964 780 410
And on the other hand, the USER, registered on the website using a username and password, for which he/she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship of sale between the PROVIDER and the USER at the time when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a price determined and publicly displayed through the website, of online expert services.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify the email info@peritcam.com so that Héctor Linares Morales can correct them as soon as possible.
Contracting procedure
In order to access the services offered by the PROVIDER, the USER must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be requested, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.
The USER will select a username and password, agreeing to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, please be advised that in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses.
2. Activation of services.
3. Right of withdrawal.
4. Claims and online dispute resolution.
5. Force majeure.
6. Competition.
7. General information about the offer - Price and validity period of the offer.
9. Payment method, charges and discounts.
10. Purchase process.
11. Dissociation and suspension or termination of the contract.
12. Warranties and returns.
13. Applicable law and jurisdiction.
- GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.
- ACTIVATION OF SERVICES
The PROVIDER will not activate any service until it has verified that payment has been made.
Since the order does not entail the physical delivery of a specific product, the services being provided at the agreed time since it consists of vouchers to be spent by the USER when deemed appropriate, the PROVIDER will inform the USER in advance of the procedure to be followed in order to ensure that the service is provided.
The service can be enjoyed through the app provided by the PROVIDER.
Failure to execute the distance contract
In the case of the provision of a service, this will be available from the moment the USER has made payment for it and may be reserved according to the conditions of the PROVIDER.
In the event that the contract cannot be executed because the contracted service is not available within the expected time frame, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER with respect to the return of the total amount, the USER may claim payment of double the amount owed, without prejudice to his right to be compensated for damages suffered in excess of said amount.
The PROVIDER will not assume any responsibility when the download or activation of the service does not take place, due to the data provided by the USER being false, inaccurate or incomplete.
The provision of the service will be considered to have been carried out at the time when the USER has downloaded or activated the service.
- RIGHT OF WITHDRAWAL
The USER has a period of fourteen (14) calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it were a provision of a service, to exercise the right of withdrawal, regulated in article 102 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, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the period for exercising it will end twelve months after the date of expiration of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007. Therefore, the right of withdrawal is excluded due to the following reasons:
- Service already started or loss of the right of withdrawal once fully executed.
Any return must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to info@peritcam.com indicating the corresponding invoice or order number.
WITHDRAWAL FORM
(You should only complete and send this form if you wish to withdraw from the contract or service purchased).
- To the attention of (here you must insert the company name, full address and, if available, the telephone number, fax number and email address):
- I hereby inform you/we hereby inform you (*) that I/we are withdrawing from my/our (*) contract for the sale of the following goods/provision of the following service (*).
- Ordered on/requested on (*).
- Name and address of the consumer and user or consumers and users.
- Date and signature of the consumer and user or consumers and users.
- ONLINE CLAIMS AND DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be attended to as soon as possible and can be made at the following contact addresses:
Post Office: Hector Linares Morales, C/ Els Ports, 3, 12005 – Castellon (Castellón De La Plana)
Telephone: 964 780 410
Email: info@peritcam.com
Online dispute resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without having to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
- FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Fulfillment of the obligation shall be delayed until the cessation of the event of force majeure.
- COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these conditions is deemed void or unenforceable, the validity, legality and enforceability of the remainder shall not be affected in any way, nor shall they be modified in any way.
The USER declares to have read, know and accept these Conditions in their entirety.
- GENERALITIES OF THE OFFER
All sales made by the PROVIDER shall be deemed to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Héctor Linares Morales or to what is stipulated here will have any effect, except by express agreement in writing signed by the PROVIDER, in which case, these particular agreements will prevail.
Given the continuous technical advances and improvements in services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.
- PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, packaging, shipping insurance or any other additional services and annexes to the purchased service.
The prices applicable to each service are those published on the website and will be expressed in EURO currency. The USER assumes that the economic value of some of the services may vary in real time.
Before making a purchase, you can check all the details of your quote online: services, quantities, price, availability, charges, discounts, taxes and the total purchase price. Prices may change daily until the order is placed.
Once the order is placed, prices will remain the same whether the service is available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the latter has provided at the time of placing the order. This invoice will be sent in PDF format together with the payment confirmation email and will also be accessible in the user profile.
For any information about the order, the USER may contact the PROVIDER's customer service phone number 964 780 410 or via email at info@peritcam.com
- PAYMENT METHODS, FEES AND DISCOUNTS
The PROVIDER is responsible for the financial transactions and enables the following methods for making payment for an order:
- Credit or debit card
- Bank transfer
Safety measures
The website uses information security techniques generally accepted in the industry, such as data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of the access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder.
- PURCHASE PROCESS
Basket (budget simulation)
Any service from our catalogue can be added to the basket. In the basket, only the selected services, quantity, number of people, price and total amount will be displayed. Once the basket is saved, taxes, charges and discounts will be calculated according to the data entered.
The baskets have no administrative link, they are just a section where you can simulate a budget without any commitment on either side.
From the basket you can place an order by following the steps below for its correct formalization:
- Checking billing data.
- Checking the service delivery method (download, activation, etc.).
- Selecting the payment method.
- Place order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the completion of the order.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order and the date and time of reservation for the provision of the contracted service.
- DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER does not comply with or follow any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.
When you exercise any of your rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the USER.
- WARRANTIES AND RETURNS
The guarantees will be in accordance with the provisions of the Title referred to as "Guarantees and after-sales services" 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.
- APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or interpreted in accordance with Spanish law in all matters not expressly established. Any dispute that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER's domicile, the place of performance of the obligation or the place where the property is located if it is immovable.