Terms of service

Introduction

This contractual document shall govern the General Conditions for contracting software license purchase services (hereinafter, the “Conditions”) through the website shop.acrecenta.com, owned by ACRECENTA DEVELOPMENT, S.L., hereinafter, the PROVIDER, whose contact details are also set out in the Legal Notice of this Website.

ACRECENTA DEVELOPMENT sells professional products intended exclusively for business users, whether natural or legal persons, who carry out an economic activity. ACRECENTA DEVELOPMENT does not distribute its products to natural persons for the exercise of exclusively personal or domestic activities.

These Conditions shall remain published on the website and available to the USER to reproduce and store as confirmation of the contract, and may be modified at any time by ACRECENTA DEVELOPMENT, S.L. It is the USER’s responsibility to read them periodically, as those in force at the time orders are placed shall apply. ACRECENTA DEVELOPMENT, S.L. will archive the electronic document formalizing the purchase and will make it available to the USER upon request.

Contracts shall not be subject to any formality, except in the cases expressly provided for in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document entails that the USER:

• Has read, understands and comprehends what is set out herein.
• Is a person with sufficient legal capacity to contract.
• Assumes all obligations set out herein.

These conditions shall remain valid indefinitely and shall apply to all contracting carried out through the PROVIDER’s website.

The PROVIDER informs that the business is responsible for and aware of the legislation in force in the countries to which it sends the products, and reserves the right to unilaterally amend these conditions, without such amendments affecting goods or promotions acquired prior to the amendment.

Identity of the contracting parties

On the one hand, the PROVIDER of the services contracted by the USER is ACRECENTA DEVELOPMENT, S.L., with registered office at AV. PRESIDENT COMPANYS, 9 1 08911 BADALONA (Barcelona), Tax ID B56637523, and customer service/USER telephone number 930223465.

On the other hand, the USER, registered on the website and responsible for the accuracy of the personal data provided to the PROVIDER.

Purpose of the contract

This contract aims to regulate the contractual purchase relationship arising between the PROVIDER and the USER at the moment the latter accepts, during the online contracting process, the corresponding checkbox.

The contractual purchase relationship entails the provision, in exchange for a determined price publicly displayed through the website, of a specific service.

Data rectification

If the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify this to datos@acrecenta.com so that ACRECENTA DEVELOPMENT, S.L. may correct them as soon as possible.

The USER may keep their data up to date by accessing their user account on the contracted platform.

Contracting procedure

In order to access the services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and must register through the website via the contracting process enabled for this purpose. Therefore, the USER must freely and voluntarily provide the personal data requested, which shall be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD) on personal data protection, as detailed in the Legal Notice and the Privacy Policy of this website.

Pursuant to Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure shall follow the steps below:

1. General contracting clauses.
2. Shipment and delivery of orders.
3. Right of withdrawal.
4. Complaints/claims.
5. Force majeure.
6. Assignment.
7. General terms of the offer.
8. Price and validity period of the offer.
9. Transport costs.
10. Payment method, charges and discounts.
11. Purchase process.
12. Severability and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless expressly agreed otherwise in writing, placing an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

2. SHIPMENT AND DELIVERY OF ORDERS

The PROVIDER shall not process any order until it has verified that payment has been made.

The access keys/credentials for the service will be sent to the email address freely designated by the USER.

Delivery will be carried out once the platform has been configured and payment for the order has been verified.

The delivery period shall be between 24 and 48 hours on business days, counted from the time the USER has provided all information necessary for configuring the service.

Failure to perform the distance contract

If the contract cannot be performed because the contracted service is not available within the expected period, 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, without any liability for damages attributable to the PROVIDER arising therefrom.

In the event of an unjustified delay by the PROVIDER in refunding the total amount, the USER may claim payment of double the amount owed, without prejudice to their right to be compensated for damages suffered insofar as they exceed said amount.

The PROVIDER shall not assume any liability where activation of the service does not take place because the data provided by the USER are false, inaccurate or incomplete.

Delivery shall be deemed to have taken place when the PROVIDER has made the software available to the USER by email including the access data.

The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the order. The USER may, by a simple statement, require the PROVIDER to remedy such lack of conformity, reduce the price, or terminate the contract. In any of these cases, the USER may also claim compensation for damages, where appropriate.

The USER shall have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations set out in this contract.

It is the USER’s responsibility to verify the service upon receipt and to state any reservations and claims that may be justified in the delivery receipt document.

If the contracting does not entail the physical delivery of any product, but rather activation of a download on a website, the PROVIDER shall inform the USER in advance of the procedure to be followed to carry out such download.

3. RIGHT OF WITHDRAWAL

ACRECENTA DEVELOPMENT does not distribute its products to natural persons for the exercise of exclusively personal or domestic activities; therefore, this contract is not subject to Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws.

In any event, the right of withdrawal does not apply (Art. 103 of RLD 1/2007 of 16 November) to contracts for the provision of services once the service has been fully performed, where performance has begun with the consumer’s prior express consent and with the consumer’s acknowledgement that, once the contract has been fully performed by the trader, the consumer will have lost the right of withdrawal; nor does it apply to the supply of digital content not supplied on a tangible medium when performance has begun with the consumer’s prior express consent and with the consumer’s knowledge that they thereby lose their right of withdrawal.

4. COMPLAINTS / CLAIMS

Any complaint/claim the USER deems appropriate shall be addressed as soon as possible and may be submitted to the following contact address:

Postal: ACRECENTA DEVELOPMENT, S.L., AV. PRESIDENT COMPANYS, 9 1 08911 BADALONA (Barcelona)
Phone: 930223465
E-mail: reclamaciones@acrecenta.com

5. FORCE MAJEURE

The parties shall not incur liability for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.

6. ASSIGNMENT

The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.

If any provision of these conditions is considered null or impossible to perform, the validity, legality and performance of the remaining provisions shall not be affected in any way, nor shall they be modified in any manner.

The USER declares that they have read, are aware of, and accept these Conditions in their entirety.

7. GENERAL TERMS OF THE OFFER

All sales and deliveries made by the PROVIDER shall be deemed subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of ACRECENTA DEVELOPMENT, S.L. or to what is stipulated herein shall have effect, except by express written agreement signed by the PROVIDER; in such case, those specific agreements shall prevail.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product or service do not include Value Added Tax (VAT) or other taxes that may be applicable. The tax calculation is performed once the USER enters their tax details and/or billing address.

The prices applicable to each product are those published on the website and shall be expressed in EURO currency. The USER assumes that the economic valuation of some products may vary in real time.

Before completing the purchase, the USER may check online all details of the quotation: items, quantities, price, availability, charges, discounts, taxes and the total purchase amount. Prices may change daily while the order has not been placed.

Once the order is placed, prices shall be maintained whether or not the products are available.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name provided at the time of placing the order. The invoice shall be issued in PDF format and sent to the USER by email to the address provided for that purpose.

For any information about the order, the USER may contact the PROVIDER’s customer service/USER telephone number 930223465 or by email at pedidos@acrecenta.com

9. TRANSPORT COSTS

As this is a software license purchase service, there are no transport costs.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for financial transactions and enables the following methods for paying for an order:

• Bank transfer
• Credit card

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, 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/customer accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by credit card brands or the acquiring bank and that may, or has the potential to, damage their goodwill or negatively influence them.

By virtue of the card brand programs, 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(s) is prohibited.

11. PURCHASE PROCESS

The purchase process entails the following steps for its proper formalization:

1. Product: selection of the product to be contracted
2. Registration: form containing the data of the contracted service (product, units, price), data of the contracting party and legal representative, and validation of the contracting party’s email address in order to continue with the contracting.
3. Billing: billing details and payment method.
4. Payment: selection of the payment method to activate/register the service
5. Configuration: data to configure and customize the software.
6. Confirmation: contact details of the PROVIDER and download of documentation (registration, billing and configuration data)

12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is considered illegal, void or for any reason unenforceable, that condition shall be considered 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, in whole or in part, when the USER fails to comply with the obligations set out in this contract or any legal provision, license, regulation, directive, code of practice or policy applicable to the USER.

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

ACRECENTA DEVELOPMENT is an online platform hosted on servers under the responsibility of the PROVIDER, with an SSL security certificate and accessible via a web browser with access controlled by a username (email address) and a password created by the USER.

Access to or use of the software requires an Internet connection using the latest versions of current browsers; therefore, the PROVIDER is not responsible for operation on earlier versions.

The PROVIDER disclaims implied warranties of merchantability or fitness for a particular purpose, and any warranties that may arise from customary practice in transactions or course of business.

Specifications of the contracted product are detailed in the service contract.

Once the USER has accepted the conditions set out in said contract and it has been fully performed, the USER shall have lost the right to return the contracted product and to obtain a refund of the amounts paid for it.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed and interpreted in accordance with Spanish law and shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, from which software is expressly excluded. The parties submit, for the resolution of disputes and expressly waiving any other jurisdiction, to the courts and tribunals closest to BADALONA. If, for any reason, a competent court declares any provision of this License or part thereof unenforceable or ineffective, the remainder of this License shall remain in full force and effect.