E-COMMERCE (ONLINE COURSES)
General terms and conditions of contract
Introduction
This contractual document will govern the General Conditions for contracting training courses (hereinafter, «Conditions») through the website 359.es, owned by Hércules Trophy España S.L. under the trademark 3’59 – Entrenar para aprender, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website at the disposal of the USER to reproduce them and keep them 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, since those in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
• Has read and understood the above.
• Is a person with sufficient capacity to enter into contract.
• Assumes all the obligations set forth herein.
These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.
The PROVIDER informs that the business is liable and understands the current laws and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions implemented prior to the modification.
Identity of the contracting parties
On one part, the PROVIDER of the training courses contracted by the USER, Hércules Trophy España S.L., whose registered address is at C/ Manuel Pardo,, 35 Chalet 18 28250 Torrelodones (Madrid), TIN B85687051 and telephone number for customer/USER service +34 667 26 88 65.
And on the other part, the USER, registered on the website by means of a user name and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER. In some cases the USER will not be the STUDENT, and will therefore act on behalf of the latter (for example: companies, parents, etc.).
Purpose of the contract
The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.
The contractual trade relationship involves the delivery of a specific training course, in exchange for a certain price which is publicly displayed on the website.
Intellectual property
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 PROVIDER to the USER is expressly excluded in this contract or general conditions of sale.
Contracting procedure
The USER, in order to access the products services offered by the PROVIDER, must be over 16 years of age and register on the website by creating a user account. For this reason, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of individuals 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 as detailed in the Legal Notice and Privacy Policy found on this website.
The USER selects a user name and password, committing to use them diligently and to not make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to immediately block them.
Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:
- General contracting clauses.
- Activation of services.
- Right of withdrawal.
- Online claims and dispute resolution.
- Force majeure.
- Competency.
- General information of the offer.
- Price and period of validity of the offer.
- Shipping costs.
- Payment methods, charges and discounts.
- Purchase process.
- Suspension or termination of the contract.
- Guarantees and refunds.
- Applicable law and jurisdiction
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF SERVICES
The PROVIDER will not activate any service until it has been verified that payment has been made.
As the order does not involve the physical delivery of any product, but rather a service downloaded or activated directly from the website, the PROVIDER will inform the USER in advance on the steps to take to perform this download or activation.
Failure to carry out the remote contract
In the case of the provision of a training course, it will be available from the moment the user has paid for it and will be downloadable or activated according to the conditions of the PROVIDER.
In the event of not being able to execute the contract 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 the event of unjustified delay by the PROVIDER with respect to the refund of the total amount, the USER may claim payment of double the amount due, without prejudice to their right to be compensated for damages suffered beyond that amount.
The PROVIDER will not accept any liability if the download or the activation of the course is not fulfilled because of false, inaccurate or incomplete information provided by the USER.
The training course will be considered as provided when the USER has downloaded or activated it.
3. RIGHT OF WITHDRAWAL
Withdrawal form: formulario-solicitud-desistimiento.pdf.
The USER has the same rights and deadlines to make the return and/or claim of 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 March 27).
The right of withdrawal shall not apply in the following cases:
1. When the USER is a legal entity that does not act in a field outside a business or professional activity.
2. Once the training course has been completely executed, when the execution has begun, with the previous express consent of the PROVIDER and USER and with their acknowledgement that they are aware that, once the contract has been completely executed by the PROVIDER, they will have lost their right of withdrawal.
3. In the downloading or activation of the course whose price depends on fluctuations in the financial market which the PROVIDER cannot control and which may occur during the withdrawal period.
4. In the provision of services made according to the specifications of the USER or clearly personalised.
5. In the provision of housing services for purposes other than housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of execution.
The PROVIDER must be informed of any return, with the request for a return number through the form provided for this purpose, or by emailing info@359.es, indicating the corresponding invoice number or order number.
4. ONLINE CLAIMS AND DISPUTE RESOLUTION
Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:
Postal address: Hércules Trophy España S.L., C/ Manuel Pardo, 35 Chalet 18 28250 Torrelodones (Madrid)
Telephone: +34 609 119 271.
E-mail: info@359.es
Online Dispute Resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between them, eliminating the need to resort to a court of law. This is a neutral body which will consult both parties in order 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/
5. FORCE MAJEURE
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
6. COMPETENCY
The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
7. GENERAL INFORMATION OF THE OFFER
All sales made by the PROVIDER are subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Hércules Trophy España S.L. or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.
Given the continuous technical advances and service improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as it does not affect the value of the services offered. These changes shall also apply 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 in the provision of services in general and in this document, undertakes to fulfil its obligation as a service provider to the best of its ability.
The PROVIDER commits to act as diligently and carefully as possible and to proceed to provide a quality service in accordance with generally recognised practices: except in the hypothetical case that the training course is suspended, by virtue of special instructions required.
Accordingly, the PROVIDER will be contractually obliged to offer access (24/24 hours) and weekly (7/7 days), and conditional upon being 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, shall 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 if they are unable or incapable of accessing the Internet or this website. The PROVIDER shall not be liable for the inability of the USER to access the training under these circumstances.
In particular, it is the USER who must keep their own virus protection, as well as the version of their browser up to date. The PROVIDER shall not be liable for any viruses transmitted via its website.
Likewise, the PROVIDER disclaims any liability for unauthorised 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 event be liable for any damages related thereto, such as loss of operation, loss of profit, loss of value, damages or expenses.
The PROVIDER commits to exercise due diligence and care in its offer, providing a quality service, in accordance with normal practices in the field, subject to the interruption of the services explicitly requested at the request of the administrative authorities.
If the training provided by the USER is suspended following a decision by a competent authority, the PROVIDER will reimburse the USER or offer him/her a credit valid for one year, equal to the amount of this training offer.
Both Parties agree that the PROVIDER has the right to modify the services without prior notice.
After-sales service
The PROVIDER commits to provide the USER with the necessary assistance with regard to the training course acquired. The client can contact the PROVIDER for any request related to the training course in: info@359.es.
No extended use of the website
The PROVIDER reserves the right to delete information relating to the USER, in the event of prolonged non-use of these services, corresponding to a period of more than 40 days.
Customer obligations and liability
The USER expressly accepts to have verified the compatibility between his demand and the offer of services and fully acknowledges the receipt of all necessary information and advice from the PROVIDER, so that the present agreement can enter into force with knowledge and binding certainty.
The USER undertakes to verify the identity of the STUDENT, if applicable, prior to their appointment to the PROVIDER’s training.
The USER guarantees to act within his/her sole responsibility if, as a result of accessing the training course, it is not carried out in accordance with what can be considered reasonable acts of use carried out by the STUDENT, 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.
If this is the case, the USER shall inform the STUDENT of these terms and shall be responsible regarding this matter.
The relevant parties to the contract also recognise that the PROVIDER has the capacity to modify the provision of the service with total transparency without the need to make any prior notification, other than to inform the USER that the level of provision of services already provided is going to be adjusted.
The USER confirms that they will be informed of the provisions of the regulations relating to safety (safety or security) and operational security. The USER shall be solely liable for the consequences of any breach of these rules and these Terms.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each service include Value Added Tax (VAT) or any other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, insurance or any other additional services and attachments to the service purchased.
The prices applicable to each service are those published on the website and shall be shown in EURO. The USER accepts that the economic valuation of some of the services may vary in real time.
Before making a purchase, all the details of the quote can be checked on-line: training courses, quantity, price, availability, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as the order has not been placed.
Once the order has been placed, prices will be maintained regardless of whether the service is available.
Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the company name that they indicated while placing the order. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. In the event that the user wishes to receive it by e-mail, they must request it by any of the means that the PROVIDER makes available to them, informing them that they may revoke this decision at any time.
For any information about the order, the USER may contact the PROVIDER’s customer service by calling +34 667 26 88 65 or by emailing info@359.es.
9. SHIPPING COSTS
The prices displayed in the shop do not include shipping or communication expenses, installation or download or additional services, unless expressly agreed otherwise in writing.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and accepts the following payment methods for orders:
• Credit card
• Bank transference
• Pay Pal
Security methods
The website uses generally accepted information security techniques within the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the user/client agrees that the provider will obtain data for the purpose of the corresponding access control authentication.
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 by the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder
11. PURCHASE PROCESS
Basket (budget simulation)
Any training course from the catalogue can be added to the basket. In the basket you can only view the selected services, quantity, price and total cost. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the details entered.
Baskets have no administrative link, it is only a section where you can simulate an order without any commitment from either party.
Follow the steps below to correctly place an order from the basket:
1. – Confirm billing details.
2. – Check the method of training course provision (download, activation…).
3. – Select payment method.
4. – Place your order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the e-mail of the USER confirming that the order has been placed.
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 in 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 date of download and/or activation.
Service activation procedure (access to training)
The USER will receive his/her access data (username/password). Access to online training, provided by the PROVIDER, is strictly private. Transferring login details (user name/password) to a third party is strictly forbidden. The USER agrees that they will not under any circumstances, whether free of charge or for a fee, give access to third parties in any form whatsoever. If the USER is a company and if the Pupil leaves the company, the USER undertakes to deactivate his/her account or contact the PROVIDER to remove obsolete profiles, just as the USER expressly undertakes to pay for any registration initiated by the designated Student.
The USER agrees to follow the training course diligently. As part of the evaluation, in order to complete the training, the USER expressly accepts the fact that they will not benefit from any help or assistance from any other person. Likewise, the PROVIDER asks each USER to commit to this fact before each task.
Validation of training
The training course is validated when the STUDENT has passed all the evaluations presented during the course. In this case, a diploma validating the acquired knowledge will be sent to the USER.
12. SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and 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 out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.
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. GUARANTEES AND REFUNDS
The guarantees will respond to the provisions of the Title referred to “Guarantees and after-sales services” of the Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, which can be accessed by clicking here.
If you wish to personalise this section, you must check that the wording is in accordance with the provisions of the title of GUARANTEES AND AFTER-SALES SERVICES of Legislative RD 1/2007.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Terms and Conditions to the courts and tribunals of the USER’S place of residence.
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 more information, see clause “4. ONLINE CLAIMS AND DISPUTE RESOLUTION” of these Conditions.
