TERMS OF SALE
INTRODUCTION
This contractual document shall govern the General Conditions of contracting training courses (hereinafter, ‘Conditions’) through the website WWW.CONSTRUYENDOFUTBOL.COM, owned by CONSTRUYENDO FUTBOL S.L under the trademark CONSTRUYENDO FUTBOL, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.
Contracts shall not be subject to any formality with the exception of 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:
Has read, understands and comprehends what is set forth herein.
Is a person with sufficient capacity to contract.
Assumes all the obligations set forth herein.
These conditions shall have an indefinite period of validity and shall be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the merchant is responsible and aware of the current legislation, and reserves the right to unilaterally modify the conditions, without 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 training courses contracted by the USER is CONSTRUYENDO FUTBOL S.L., with registered office at PLAZA NALVILLOS, 1, EDIFICIO NALVILLOS. 1ª PLANTA DESPACHOS 2 Y 3. 05001 ÁVILA (Ávila), NIF B05304761 and with customer/USER service telephone number 611 621 617.
And on the other hand, the USER, registered on the website by means of a username and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER. In some cases the USER will not coincide with the PUPIL, and will therefore act on behalf of the latter (for example: companies, parents, etc.).
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process.
The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of a specific training course.
Intellectual Property Rights
The USER is not allowed in any way to transfer, change and exchange the license rights and obligations under this contract, except that the form and content may be altered under the condition that the changes are pre-agreed and in writing from the PROVIDER. However, any transfer of ownership from the PROVIDER to the USER is expressly excluded in this contract – or general conditions of sale.
Contracting procedure
The USER, in order to access the services offered by the PROVIDER, must be over 16 years of 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 required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
The USER shall select a user name and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same 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, it is informed that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses.
- Activation of services.
- Right of withdrawal.
- Claims and online dispute resolution.
- Force majeure.
- Jurisdiction.
- Generalities of the offer.
- Price and period of validity of the offer.
- Transportation costs.
- Payment methods, charges and discounts.
- Purchase process.
- Dissociation and suspension or termination of the contract.
- Warranties and returns.
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF SERVICES
The PROVIDER shall not activate any service until it has verified that payment has been made.
As the order does not entail the physical delivery of any product, being the contracted services downloaded or activated directly from the website, the PROVIDER will previously inform the USER regarding the procedure to follow to perform this download or activation.
Failure to execute the distance contract In the case of the provision of an online training course, it will be available from the moment the USER has paid for it and can be downloaded or activated according to the conditions of the PROVIDER.
In the event that the contract cannot be executed because the contracted service is not available on time, 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 case of unjustified delay on the part of the PROVIDER with respect to the refund of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for damages suffered in excess of that amount.
The PROVIDER shall not assume any responsibility when the download or activation of the course does not take place, due to false, inaccurate or incomplete data provided by the USER.
The provision of the service shall be deemed to be completed at the moment the USER has downloaded or activated the training course.
3. RIGHT OF WITHDRAWAL
Withdrawal form: DOWNLOAD
The USER has the same rights and deadlines to make the return and/or claim for possible deficiencies or defects in the service, both online and offline.
The USER has a period of fourteen calendar days, counting from the date of download or activation of the product, to return it (Article 71 of Law 3/2014 of 27 March).
The right of withdrawal may not be applied in the following cases:
- When the USER is a legal entity that does not act in a field outside an oprofessional business activity.
- Once the training course has been fully executed, when the execution has begun, with prior express consent of the PROVIDER and USER and with the acknowledgement on their part that they are aware that, once the contract has been fully executed by the PROVIDER, they will have lost their right of withdrawal.
- In the downloading or activation of the course whose price depends on financial market fluctuations that the PROVIDER cannot control and which may occur during the withdrawal period.
- In the provision of services tailored to the USER’s specifications or clearly personalized.
- In the provision of accommodation services for purposes other than housing, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
All returns must be communicated to the PROVIDER, requesting a return number by means of the form provided for this purpose, or by e-mail to [email protected], indicating the corresponding invoice or order number.
4. CLAIMS AND RESOLUTION OF ONLINE DISPUTES
Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses
- Postal: CONSTRUYENDO FUTBOL S.L, PLAZA NALVILLOS, 1, EDIFICIO NALVILLOS. 1ª PLANTA DESPACHOS 2 Y 3. 05001 ÁVILA (Ávila)
- Telephone: 611 621 617
- E-mail: [email protected]
- Online Dispute Resolution Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called a 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 finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the case of force majeure.
6. COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null and void or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, to know and to accept the present Conditions in all their extension.
7. GENERALITIES OF THE OFFER
All sales made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to CONSTRUYENDO FUTBOL S.L.’s Commercial Proposal or to what is stipulated herein shall be effective, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements shall prevail.
Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications shall also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.
Continuity, consistency and quality of service The PROVIDER expressly agrees to provide all its resources in the delivery, availability and provision of services in general and in this document, undertakes to fulfill its obligation as a service provider to the best of its ability.
The PROVIDER undertakes to act with the utmost diligence and attention as possible and to proceed to provide a quality service in accordance with generally recognized practices: except in the hypothetical case that the training course is suspended, under special instructions required.
Accordingly, the PROVIDER shall be contractually obliged to provide access (24/24 hours) and weekly (7/7 days), and conditioned to be able to guarantee its services given the supply conditions (subsequent network performance).
The PROVIDER reserves the right to interrupt the training course via its server, in order to carry out essential maintenance, to improve network performance, or for any other operational reason in connection with maintenance.
The PROVIDER, without affecting any of its rights and responsibilities, will inform the USER, within a reasonable period of time, of the date on which it intends to carry out the maintenance.
The USER acknowledges that training may not be available in the event that the USER is unable or incapable of accessing the Internet or this website. The PROVIDER shall not be liable for the USER’s inability to access the training under these circumstances.
In particular, it is up to the USER to keep his or her own virus protection and browser version up to date. The PROVIDER shall not be liable for any virus transmitted through its website.
Similarly, the PROVIDER disclaims any liability for unauthorized access to computer systems, or for the looting of any data as a result thereof. However, the PROVIDER applies appropriate means to prevent illegal intrusions. The PROVIDER shall in no case be liable for any damages related thereto, such as loss of exploitation, loss of profit, loss of value, damages or expenses.
The PROVIDER undertakes to exercise with due diligence and care its offer, providing a quality service, in accordance with the normal practices of the field, subject to the interruption of the services explicitly requested at the request of the administrative authorities.
If the training established by the USER is suspended following a decision of a competent authority, the PROVIDER shall reimburse the USER or offer a credit valid for one year, equal to the amount of such training offer.
The Parties agree that the PROVIDER has the right to modify the services without prior notice.
After-sales services The PROVIDER undertakes to provide the USER with the necessary assistance regarding the training purchased. The customer can contact the PROVIDER for any request related to the training at: [email protected].
Prolonged non-use of the website The PROVIDER reserves the right to delete the information concerning the USER, in case of prolonged non-use of these services, corresponding to a period exceeding 40 days.
Obligations and responsibility of the client The USER expressly accepts to have verified the compatibility between his demand and the offer of services and fully acknowledges the receipt of all the necessary information and advice from the PROVIDER, so that the present agreement can enter into force with the knowledge and binding certainty.
The USER undertakes to verify the identity of the PUPIL, if applicable, prior to his or her appointment to the PROVIDER’s training.
The USER guarantees to act within his/her sole responsibility if, as a result of access to the training course, it is not carried out in accordance with what can be considered reasonable acts of use performed by the PUPIL, who is in possession of his/her access and password and who does not respect the general guide and instructions for correct use, initially provided by the PROVIDER.
The USER, if the case arises, shall inform the PUPIL about these terms and shall be liable with respect to this matter.
The relevant parties to the contract also acknowledge that the PROVIDER has the ability to modify with full transparency the provision of the service without the need for any prior communication, other than to inform the USER that the level of provision of services already provided, is going to be adjusted.
The USER acknowledges being informed of the provisions of the regulations relating to safety (security or physical safety) and operational safety. The USER shall be solely responsible for the consequences of non-compliance with these regulations and these Terms.
8. PRICE AND TERM OF VALIDITY 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 the costs of shipping, handling, wrapping, insurance or any other additional services and annexes to the service purchased.
The prices applicable to each service are those published on the website and shall be expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.
Before making the purchase you will be able to check online all the details of the quotation: training courses, quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order has been placed, the prices will be maintained whether the service is available or not.
Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of placing the order. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.
For any information about the order, the USER may contact through the PROVIDER’s customer service telephone number 611 621 617 or via e-mail to the address [email protected].
9. TRANSPORT COSTS
The prices published in the store do not include shipping or communication costs, nor installation or downloading costs, or complementary services, unless otherwise expressly agreed in writing.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and makes possible the following forms of payment for an order:
Credit Card
Pay Pal
Security measures The website uses information security techniques generally accepted in the industry, such as SSL, data entered in 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/customer agrees that the provider obtains data for the purpose of authentication of access controls.
The PROVIDER agrees not to allow any transaction that is or is deemed illegal by the credit card brands or acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brands’ 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 of the card(s).
11. PURCHASING PROCESS
Cart (quotation simulation) Any training course from the catalog can be added to the cart. In the basket, only the selected services, quantity, 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 do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the shopping cart you can place an order following the steps below for its correct formalization:
- Verification of the invoicing data.
- Checking the method of delivery of the training course (download, activation…).
- Selecting the payment method.
- Place the order (purchase).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming the completion of the order.
In case of disputes concerning the nature of the PROVIDER’s services or the USER’s use of the website, the information stored in the electronic payment device and within the framework of the automatic collection of information by the PROVIDER, could be used as evidence between the two parties.
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 approximate download and/or activation date.
Procedimiento de activación del servicio (acceso a la formación) El USUARIO recibirá sus datos de acceso (nombre de usuario/contraseña). El acceso a la formación en línea, otorgado por el PRESTADOR, es estrictamente privado. La transmisión de los datos de acceso (nombre de usuario/contraseña) a un tercero está estrictamente prohibida. El USUARIO acepta no dar, bajo ninguna circunstancia, ya sea de forma gratuita o por una tarifa, el acceso a terceros cualquiera que sea la forma. Si el USUARIO es una empresa y si el alumno deja la empresa, el USUARIO se compromete a desactivar su cuenta o ponerse en contacto con el PRESTADOR para eliminar perfiles obsoletos, del mismo modo que el USUARIO se compromete expresamente a pagar cualquier registro iniciado por el Alumno designado.
El USUARIO acepta seguir la capacitación con diligencia. Como parte de la evaluación, con el fin de completar la formación, el USUARIO acepta expresamente no beneficiarse de ninguna ayuda o asistencia de cualquier otra persona.
Del mismo modo, el PRESTADOR pide a cada USUARIO que se comprometa a este hecho antes de cada tarea.
Validación de la formación La formación se valida cuando el ALUMNO ha superado todas las evaluaciones que se le presentan en el desarrollo del curso. En este caso, se enviará al USUARIO un diploma de validación de los conocimientos adquiridos.
12. SEVERABILITY AND SUSPENSION OR RESCISSION OF THE CONTRACT.
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services and training, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policies.
When the PROVIDER exercises any of its 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 PROVIDER.
13. WARRANTIES AND RETURNS
The guarantees will respond to what is regulated in the Title referred to “Guarantees and after-sales services” of the 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, which can be accessed by clicking here.
If you want to customize this section, you should check that the wording is in accordance with the provisions of the title of WARRANTIES AND AFTER-SALES SERVICES of RD Legislative 1/2007.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services subject of these Conditions.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information, please refer to clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION of these Conditions.
