General Terms and Conditions of Sale *
General Terms and Conditions of Sale
1. Access to the web page
Louis Dupouy ("Seller") with NIE Nº Y4052950L, address at Carrer Valencia 232, 5º2ª, 08007 Barcelona, telephone: 673466252 is the owner of the website www.thesmartcontents.es "Website").
Access to the Website by any user ("User") is free, without prior authorization, subscription or registration. The registration will be necessary only if the User wishes to buy a study offered and, in this case, will become a "Client".
The Seller will not be responsible for any anomaly, malfunction, deterioration, deletion of data or software that occurs in the equipment or systems of Users and Customers, as a direct or indirect consequence of the access and use of the Website.
The service provided by the Seller through the Website is for an indefinite period, without prejudice to its suspension or cancellation without prior notice.
The Seller has cookies installed on the Website that are downloaded to the Users and Customers computers and the information related to said cookies is in the confidentiality policy.
2. Study offer
The Seller submits the following commercial offer, with an onerous nature, of the studies included in this Website.
The studies sold are analyses and/or general recommendations in the context of financial analysis, technical investment problems and investment issues (and their financial products) ("Studies").
The sales of these studios will be governed by the following Genral Terms and Conditions of Sale, which the Client accepts when purchasing a Website Study following the process of purchasing it.
These General Terms and Conditions are in force for all the Studies that are offered on the Web Page, being able to modify without previous notice, not affecting the changes to the purchases already made.
The General Terms and Conditions of Sale and the purchase procedure are written in Spanish and English.
3. Purchase procedure
The purchase of the Studies offered on the Website is done by selecting the chosen Studios. Once the selection is completed, the purchase will continue, completing the personal data for the issuance of the invoice and the submission data of the studios. At this time, the Customer must take cognizance of said General Terms and Conditions of Sale and accept it by checking the corresponding box. The Customer may also check the box corresponding to the advertising submissions (newsletter type) if he wishes to receive this information to his e-mail.
In the procedures of the sale, the Client may modify the selected Studies as well as the number of these, the personal data filled out and the sending email, receding in the purchase procedure of the Website before the definitive acceptance of the sale.
Once the purchase has been made, the Seller will confirm this by sending an email within a maximum period of twenty-four (24) business hours to the address indicated by the Customer, confirming the availability of the purchased Studios, the costs, taxes and possible shipping costs, place and delivery time, as well as bank details in order to proceed with the payment of the purchase.
If the purchased Study is not available, the Client will be notified to choose another Study of similar characteristic and price, or exercise their rights of withdrawal or resolution of the purchase.
Once the purchase confirmation email has been received, the Customer has the right to desist from the sale without need of justification, even if he has already entered the price in the Seller's bank account and until he receives the Products. To exercise this right, the Customer must notify the Seller by e-mail (firstname.lastname@example.org) of his decision to cancel the sale through an unambiguous statement. Taking into account the fact that the provision of services is completely carried out with the submission of the Studies, the Client, accepting such General Terms and Conditions of Sale, recognizes and accepts to lose its right of withdrawal to the sale, once it has received the Studies ordered by email.
4. Price, shipping costs and taxes
The prices of the Studies offered on the Website are indicated in euros (€), including the Value Added Tax (VAT) in force at the time of purchase.
Purchases made by Customers exempt from VAT payment will indicate it at the time of filling in their personal data, indicating in the space reserved for this purpose, their intra-community VAT number in order to be able to invoice them without VAT. In this case, in the confirmation of the purchase, the Seller will inform you of the price without VAT that will be invoiced to you.
If the Seller has to apply an IRPF withholding on the invoice, he will indicate it to the Customer in the purchase confirmation.
Possible shipping costs will be indicated in the purchase confirmation.
5. Payment method
The payment of the contracted studies will be made by bank transfer to the following account:
Bank BANCO SABADELL
Holder Louis DUPOUY
IBAN ES62 0081 0167 4100 0179 5290
Once the Customer receives the confirmation email of their purchase, they will have a period of five (5) business days to send them the proof of the transfer made in the Seller's account. Otherwise, the purchase will be considered null and void.
In case there are some bank charges related to the receipt of the funds in the account of the Seller, it will inform the Customer at the time of the confirmation of the purchase.
The Seller will send the corresponding invoice to the sale together with the delivery of the Studies in the same email. By accepting these General Terms and Conditions of Sale, the Customer consents to the issuance of the invoice in electronic format. At any time, the Customer can revoke such consent by mail to the following address: email@example.com and request the invoice in paper form.
6. Delivery of the Study
The purchased Studios will be delivered by email or any other support within a maximum period of two (2) business days after receipt of the funds in the Seller's bank account, indicating the delivery date in the purchase confirmation.
The delivery time will not begin to count until the money is credited to the Seller's account.
If the Client does not receive the Study within the period indicated in the confirmation of the purchase, he will have the right to rescind the purchase and the return without any delay of all the amounts paid.
7. Legal guarantee
The legal guarantee of the Seller's Studies includes the conformity of the Studies with their presentation on the Website, presenting the usual quality and benefits of a Study of the same type.
The Seller has contracted a professional liability insurance policy with the company HISCOX in order to cover any damages caused to Customers under this guarantee.
The Seller's Studies are not personalized recommendations for the Client nor may they qualify as advice. These are general analyses and/or recommendations within the framework of financial analysis, technical investment problems and investment issues (and their financial products). Under no circumstances may the Seller be held liable for any damages suffered by the Client in the event that it follows the general recommendations contained in the Studies.
All the sales procedure, such as the transmission of the Client's personal data, is carried out with full security and confidentiality guarantee, using a secure server (https://www.1and1.es).
9. Personal information
In compliance with the provisions of the General Data Protection Regulations of April 27, 2016, the Seller treats the personal information requested to the Client in the context of the sale in order to provide the requested service and perform billing thereof.
The acceptance of these General Terms and Conditions of Sale implies that the Customer expresses its consent for their data to be incorporated into an automated file owned by the Seller. The data provided will be kept as long as the commercial relationship is maintained or during the years necessary to comply with the legal obligations.
The Seller, as responsible for the files, undertakes not to assign the data for a different purpose for which they were collected or to transfer them to third parties except in cases where there is a legal obligation. Likewise, it undertakes to treat the Client's data confidentially and to apply the necessary technical, organizational and security measures to prevent its treatment or unauthorized access.
The Client has the right to obtain confirmation as to whether the Seller is processing his personal data. Therefore, the Customer has the right to access their personal data, rectify inaccurate data or request its deletion when the data is no longer necessary, and this by writing to the person in charge indicated below:
Louis Dupouy – NIE nº Y4052950L – Address: Barcelona (08007) C/ Valencia, 232 – 5º2ª Phone: 673466252 Email: firstname.lastname@example.org
The Client has the right to file a claim with the Spanish Agency for Data Protection: www.agpd.es.
10. Intellectual property
The Website includes the texts, graphics, images, videos, sounds, drawings, photographs and software included in it, whether they are susceptible or not of intellectual property protection.
All the rights of industrial and intellectual property of the Web Page and of the Studies are property of the Seller. Any use of all or part of the content of the Website or any Study must have a unique character. The Client may not disseminate any content of the Studios or the Website without the prior written authorization of the Seller.
11. Communications, claims and mediation
The Customer, for any circumstance, question or claim arising out of the purchase procedure, delivery of the Studies, Studies or payment method, may contact the Seller by sending an email, stating the reason in this one, to the following address : email@example.com. The Seller undertakes to respond within a maximum period of forty-eight (48) business hours after receiving the Customer's email.
If after receipt of the Seller's response, the disagreement has not yet been resolved, you can file a claim or complaint at :
L’AGENCIA CATALA DEL CONSUM
Address: c. Pamplona 113 - 08018 Barcelona
Phone : +34 935516666
12. Place of execution of the contract
The contracts executed through the Web Page will be presumed celebrated in the domicile of the Client.
13. Applicable law and submission
These General Terms and Conditions of Sale are governed by Spanish law and the parties agree to submit, in the event that the mediation procedure provided for in Article 10 of these General Terms and Conditions of Sale fails, to the competent Spanish courts.