General conditions of sale

General conditions of sale

These General Conditions of Sale will apply to the commercialization of the products included in any of the pages of www.elivingspanish.com (hereinafter, the SITE), together with the Conditions of Use that the USER admits to know and accepts, which can be consulted at this link.

Sales contract

The legal and fiscal owner (that is, the company that makes the sale) of www.elivingspanish.com is Elisa Pérez Prieto, with tax identification number (NIF) ES74938774J and with address at Urb Paraíso de la Bahía 5J 29690 Casares (Málaga)

When a USER places an order on the SITE, they are declaring that they are of legal age according to Spanish legislation (18 years old) and accepting these General Conditions of Sale, formalizing this contract when the USER receives an email from the administrators of the SITE confirming the order. Once the SITE administrators certify the payment of the amounts corresponding to the products included in the order, the USER will receive another email confirming the purchase.

Service description

The SITE offers a monthly subscription to access online Spanish training courses through a membership.

By acquiring the membership, the user declares to know the academic activity carried out by the SITE, as well as to be interested in carrying out the chosen program, whose content, characteristics, price, payment method and requirements are sufficiently known.

Members will have the right of access to by the SITE and all the contents and activities included in it.

The duration of the Membership is detailed on the sales page.

Each member may at any time terminate the Membership Contract with the notice period and conditions established in the dissolution of the contract.

 

How to purchase subscription to membership

As a condition for placing any order, you must contact the SITE through its sales page (membership) and provide the corresponding information required to make the subscription.

The subscription information you provide must be accurate, complete and current at all times. Failure to do so constitutes a violation of the terms, which may result in the dissolution of the contract with the SITE.

You will know when the registration has been formalized when you have received an email with the confirmation of the subscription and the registration to the membership. Once the purchase process has been completed, a confirmation of the contracting carried out will be sent to the indicated email address, which will serve as proof of the operation (Proof of contracting), together with a copy of these general conditions, and of the particular conditions in your case; as well as the withdrawal form, and other documentation. The confirmation of the contract, and its supporting document will not be valid as an invoice.

Once the contracting process and acceptance by the SITE have been completed, your user codes will be automatically sent for access to the chosen plan within the SITE, which will be done by email.

As a user, you acknowledge that the identification numbers and passwords assigned to you for access to said plans are personal and non-transferable, and you are solely responsible for the consequences that may arise from their misuse, disclosure or loss.

In case of non-compliance with this prohibition, the client will be solely responsible for the acts carried out by the natural or legal person who uses the user’s identifier in an unauthorized manner.

Prices and Taxes

The prices of the subscription to the SITE are always available through the web, so I recommend that you update the page before contracting the membership.

The price of the the SITE membership subscription includes Spanish VAT. However, the final price of your order may vary depending on the VAT rate applied to the order. For orders destined for other countries of the European Union, Spanish VAT will be deducted and the VAT tax rate corresponding to the country of destination will be applied. The final price will appear during the confirmation of your order and will reflect the VAT tax rate corresponding to the country of destination of the products.

The prices of the Services may change at any time at the sole and exclusive discretion of the SITE. The Services do not provide price protection or refunds in the event of price reductions or promotional offers.

Billing cycle

The site service membership charge and any other charges that may be generated during the use of this service, such as taxes and possible transaction costs, will be billed monthly to the chosen payment method until the membership is cancelled. At the end of each Billing Cycle, your subscription will automatically renew under the same conditions, unless you cancel it or there is a cancellation due to a breach of these rules.

If you need an invoice, you must provide accurate and complete billing information that includes full name, address and ID you can write to me at: soporte@elivingspanish.com.

In accordance with the provisions of Law 37/1992, of December 28, regulating said tax and the European Directive 2008/8/CE, 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 (entrepreneur/professional or individual). Consequently, in some cases the final price of the order may be altered with respect to that displayed on the website.

 

Accepted forms of payment

To contract the subscription to the SITE membership, it can only be done through the website and pay through the payment gateway included in the site, only payment will be accepted:

Stripe

No other form of payment is accepted.

By sending said payment information, you automatically authorize the person in charge of the SITE to charge your membership subscription.

 

Rights of the buyer: Membership withdrawal and cancellations

Withdrawal is the right of a consumer of a good to return it within a legal term, without having to claim or give any explanation in this regard or suffer a penalty.

The membership does not offer refunds or withdrawal as it comes with a free plan that allows any user to test the platform and the platform before making the purchase.

If you are a member with a monthly subscription and want to unsubscribe at any time from your student area, if you have difficulty doing so, you can write me an email at soporte@elivingspanish.com and I will unsubscribe you instantly, but the first month will be charged in any case as registration and management expenses. You will have to notify me before the membership is charged.

Canceling the subscription to the SITE is the responsibility of the student, to do so you simply have to “cancel membership” on your membership account.

If the student does not cancel the subscription, the charge will be made automatically, canceling the subscription is the sole responsibility of the student. You can also cancel the subscription by sending an email expressly requesting the cancellation to soporte@elivingspanish.com

By canceling the membership, the account will be automatically closed on the last day of the current billing period.

If, in the future, you want to access the membership again, the price of the moment in which you want to register will be applied.

When your membership is canceled you will lose access to the SITE

 

Exclusion Liability

The SITE will not guarantee that the availability of the service object of this contract is continuous and uninterrupted, nor will it guarantee the loss of data that is hosted on its servers, interruption of commercial activities or any damage derived from the operation of the services, or the expectations generated to the Client, as a consequence of:

1. Causes beyond the control of the SITE and fortuitous causes and/or major causes.

2. Breakdowns caused by incorrect use by the Client, especially those derived from contracting an inappropriate service for the type of activity and use carried out by the Client and/or by third parties through its website.

3. Scheduled shutdowns and/or alterations to the content carried out by mutual agreement between the parties for the maintenance or carrying out of previously agreed exceptional actions.

4. Viruses, computer attacks and/or other actions by third parties that cause the total or partial impossibility of providing the services.

5. Incorrect or deficient operation of the Internet.

6. Other unforeseeable circumstances.

In this way, the Client agrees to support these circumstances within reasonable limits, for which reason he expressly waives to claim from the SITE  any contractual or extra-contractual responsibility for possible failures, errors and use of the contracted service.

The SITE  will not be responsible in any case for errors or damages caused by the inefficient and bad faith use of the service by the Client. Nor will the SITE be responsible for major or minor consequences due to the lack of communication between the SITE and the Client when it is attributable to the non-functioning of the email provided or false data provided by the Client in their the SITE user registration.

Data Protection

In accordance with the provisions of EU Regulation 2016/679, of the European Parliament and of the Council of April 27, 2016. (GDPR) and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of personal data. digital rights, I inform you that, by accepting these contract terms and the Privacy Policy, you give your informed, express, free and unequivocal consent for the Data you provide to be processed by the SITE, as the data controller.

You can exercise your rights of access, rectification, cancellation and opposition by contacting: soporte@elivingspanish.com

All information received by the client, whether images, emails, texts, access data such as users and passwords, will be treated confidentially, and transfer to third parties is totally prohibited.

Confidential information shall not be understood as that which is disclosed by agreement between the Parties, that which becomes public for the same reason or that which must be disclosed in accordance with the laws or with a judicial resolution of a competent authority, and that which is obtained by a third party that is not under any obligation of confidentiality. Both parties agree to comply with the duty of confidentiality indefinitely.

 

Intellectual property and prohibitions

The contents available in the membership constitute a work of intellectual property whose rights correspond to the author of the the SITE training, being protected by international laws and conventions.

Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of public exploitation referring to both the courses and their contents, without the express and prior written consent of the Author, is prohibited.

Any act by virtue of which the Users of the services or contents can exploit or commercially use, directly or indirectly, in whole or in part, any of the contents to learn Spanish, images, forms, indexes and other formal expressions that are part of the formations without prior written permission of the Author.

Specifically, but not exclusively, acts of reproduction, distribution, exhibition, transmission, retransmission, broadcast in any form, storage on physical or logical media, digitization or making available from databases other than those belonging to the authorized by the Author, as well as their translation, adaptation, arrangement or any other transformation of said formations, images, forms, indexes and other formal expressions that are made available to Users through the courses or contents, as such acts are subject to the applicable legislation on intellectual, industrial or image protection property.

Express prohibitions

To JOINT contracts or PIRACY

It is an illegal practice that consists of the grouping of several people to acquire a service or digital product in order to reduce costs in the final price.

It is strictly forbidden to share the license for use with more people, each license is personal and non-transferable.

The SITE reserves the right to initiate civil and criminal actions in order to safeguard my rights, all under penalty of committing a crime against the intellectual property of art. 270 of the Penal Code with prison sentences of up to 4 years.

European Consumer Regulations

The European Commission has created the first European platform for the resolution of conflicts in “online” commerce protected by the latest consumer law. In this sense, as the person in charge of an online sales membership, I have the duty to inform all members and users about the existence of an online platform for alternative dispute resolution.

To use the dispute resolution platform, the user must use the following link: http://ec.europa.eu/odr

Jurisdiction and Applicable Laws

These general conditions of use and contracting are governed by Spanish law.

In accordance with article 29 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, electronic contracts between businessmen or professionals, in the absence of an agreement between the parties, will be presumed to have been entered into the place where the service provider is established.

In case of controversy that derives from these general conditions and for the resolution of conflicts, the parties submit, at their free choice, and waiving any other jurisdiction that may correspond to them, to the courts and tribunals of the SITE domicile. provided for in these contracting conditions.