Conditions of use
Owner: B-TALENT SOFT SKILLS, S.L. (hereinafter referred to as “B-TALENT” or the “Holder”)
Registered Address: Calle Marqués de Monteagudo 22, 28028, Madrid
Registration Data: Madrid Mercantile Registry: Volume 35,472; Folio: 43; Section 8; Page M-637578; Entry 1; Date 03/01/2017
Phone: +34 917 046 639
Fax: +34 917 266 476
By means of this document, the general contracting conditions are established (hereinafter, the “Contracting Conditions”) that will regulate the acquisition by users of any of the products and/or services offered through the B-TALENT website (hereinafter, the “Website”), located at the URL https://b-talent.asdeideas.com/es/.
Any issue that has not been expressly provided for in these Terms and Conditions will be understood to be reserved for B-TALENT, without prejudice to the application of the provisions of the regulations in force.
Likewise, B-TALENT reserves the right to carry out modifications and/or updates in the Terms and Conditions, of which the client will be informed beforehand for their acceptance or rejection if they are substantial. In any case, it will be considered that the user expressly accepts these modifications or updates if he/she re-contracts the services offered by B-TALENT through the Website.
If accepted by the user, the new Contract Conditions will fully replace the conditions in force up to that moment, starting to take effect in the new subscriptions contracted by the user, from the date of acceptance of the new Contract Conditions.
By ticking the corresponding box in the contracting process, as well as following all the steps of the same telematically, the user expressly accepts these Contracting Conditions, which are as valid as the user’s signature in person. In this way, the user acknowledges being a person with sufficient capacity to assume the obligations derived from his/her actions through the Website, which he/she has previously read and understands its content.
In any case, to be able to contract with B-TALENT the user must be of legal age (≥ eighteen (18) years) and have full legal capacity to sign contracts.
The whole process of contracting will be carried out in Spanish or English.
3. OPERATION OF THE WEBSITE
The Website is intended for the sale of a training programme for professionals who wish to enhance their training (hereinafter referred to as the “Products”), which may be contracted by users in accordance with the provisions of these Terms and Conditions.
All communications with the user by B-TALENT will be made electronically.
4. USER REGISTRATION
Registration as a user of the Website is completely free and can be done electronically from any type of device, where you will be required to provide the necessary data to manage your registration, and must be entered complete, real and true, since this is the only way we will be able to offer the Products correctly and manage the contracts you make, as well as, if necessary, contact our users.
Access to the Website implies full acceptance of these Terms and Conditions, without prejudice to the particular conditions provided for certain and specific services, and which will be understood to have been accepted by the mere use of the same.
Under no circumstances will B-TALENT be responsible for the veracity of the registration data provided by the users, so that each of them will be responsible for the possible consequences, errors and failures that may subsequently arise from the lack of quality of data.
4.1. Registration requirements
It is an essential requirement to register as a user to be over eighteen (18) years, and provide all the data required and listed as mandatory.
Likewise, the registered user assumes that the password and user account are personal and non-transferable.
The password must be generated by the user according to the rules of robustness and complexity that are established at all times by the Holder. The password created by the user will have unlimited temporary validity, only subject to the time that the Website, or the section of it that requires access by password, remains active.
Notwithstanding the foregoing, the user may change his password at any time, using the tools made available by the Proprietor through the Website.
The user undertakes to make diligent use of his password and keep it secret, and may not transmit it to any third party. Consequently, users shall be responsible for the proper custody and confidentiality of any identifiers and/or passwords they have selected as registered users, and agree not to transfer their use to third parties, either temporarily or permanently, nor to allow third parties access to their account. The user will be responsible for the lawful use of the Website, being liable for any damages generated by a third party accessing it using their access credentials.
By virtue of the above, it is the user’s obligation to immediately notify the Owner of any fact that allows the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. Until such facts are reported, the Holder will be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
4.2. Cancellation as a registered user
The user can, at any time, request to be removed from the Website, by writing to firstname.lastname@example.org indicating their identification data.
In any case, once the cancellation has been made, the user may request a new registration, without prejudice to the Holder’s right not to accept said registration in the specific cases specified in the “Legal Notice” in the clause entitled “Rules of Use” or in the event of conflict or dispute between the parties.
5. ELECTRONIC PROCUREMENT
In accordance with the provisions of article 23 of Law 34/2002, of 11 July, on information society services and electronic commerce, contracts concluded by electronic means will produce all the effects provided for by the legal system, when the consent and other requirements necessary for their validity are met.
In any case, the electronic medium on which these Terms and Conditions of Business concluded by electronic means are recorded shall be admissible as documentary evidence in the event of a dispute between the parties.
To this end, it shall be understood that the monitoring of all the phases of the purchase process and, where appropriate, the payment of the corresponding economic amount necessarily implies the provision of the consent required for the contract.
Similarly, and in accordance with the provisions of Article 27 of Law 34/2002, on information society services and electronic commerce, all the information relating to the same is made available to users prior to the start of the contracting procedure, which will only be applicable if the user decides to proceed with the contracting through the Website.
5.1. Prior information
These Terms and Conditions are available to all users of the Website from the following link [https://b-talent.asdeideas.com/es/condiciones-de-uso/] freely and without charge.
Access to the contracting process is completely free of charge, without any additional associated costs apart from those derived from the user’s provision of an Internet connection and those due to the acquisition of the training courses.
The Products offered by B-TALENT are perfectly described on the Website, not including any issues that have not been expressly indicated.
The contract between B-TALENT and the user is understood to be perfected from the moment the user finishes the contracting procedure, by pressing the “Contract” button. It is understood that the monitoring of all the phases of the electronic contracting procedure and the inclusion of all the requested data, together with the marking of the corresponding box regarding the acceptance of these Contracting Conditions, is a direct manifestation of the user’s willingness to accept them.
B-TALENT, as a provider of a service of the information society, will file the electronic document in which this contract is formalized. This electronic document will be accessible to the user through the link provided, from which he can download and print it and where these Terms and Conditions will be included.
B-TALENT will introduce adequate and sufficient technical means to identify and correct technical errors in the management of information as soon as it results from its responsibility.
The language in which the contracting procedure will be processed and in which the present contract is formalized will be, unless otherwise indicated, Spanish or English.
5.2. Contracting procedure
The procedure for contracting the Products offered by B-TALENT is carried out completely electronically through the Website. Any person with access to the Internet can carry out the contracting, being of public access all the Products offered through the Website, without any restriction for its visualization.
The complete procedure to be followed by all users who wish to contract the Products offered by B-TALENT through the Website is as follows:
1) Once the user has accessed the B-TALENT Website, he/she must select the courses he/she wishes to take and proceed to purchase them by selecting the “Contract” button. It is important that the user reviews the course descriptions, as well as conditions, deadlines and final prices.
3) The user must then enter the desired form of payment from among those offered by B-TALENT on the Website, which are the following: Credit card or debit card. At no time will B-TALENT have access to your bank details, these being directly managed by the corresponding banks in our payment gateway.
4) Once this process has been completed, a summary screen of the purchase made will be displayed, without prejudice to the fact that the user will automatically receive an e-mail confirming that the purchase has been successful. This email will describe the characteristics of the user’s subscription, and this document will serve as proof of any type of claim. If you do not receive this email, please check your “junk mail” or “spam” folder and if you are not in that section, please let us know as soon as possible so that we can solve the problem.
5) The user will be able to find all the information of his purchase, as well as of all those that had made previously, in his private area of the Website, where, previous identification, he will be able to see the summary of the order, the date, the amount and the form of payment.
5.3. Economic conditions
The price of the Products offered by B-TALENT through the Website is indicated next to the descriptive card of each of the plans, being shown in any case in the official currency in the European Union, the Euro (euros)
The current price of the courses offered by B-TALENT will be the one indicated at each moment on the Website together with its description, being of public access, without the need to be registered as a user to view it.
The price shown is in any case the final price, being expressly included the Value Added Tax (VAT) and any other applicable expenses. However, the above, the final price will include all those increases or discounts that are applicable, expenses charged to the user and additional expenses for ancillary services, means of payment, etc..
In any case, all these amounts will be shown to the user in a detailed way during the contracting process.
5.3.2. Payment and invoicing
Once the user has contracted the Products and paid the corresponding payment through any of the payment methods made available to users by B-TALENT, the latter will send the user an e-mail containing information about the Products acquired, their price, the applicable taxes, as well as the present Contract Conditions.
In any case, the payment of economic amounts through the Internet will be made through the Website provided by an external financial entity, which in any case will be hosted on a website under SSL secure protocol. For your identification, please confirm that the web address of the page from which you are going to make the payment begins with https://.
In any case, the purchase will only be effective when B-TALENT receives confirmation of the payment by the bank that owns the payment gateway. If the transaction is denied by this entity for any reason, or if the full amount corresponding to the amount of the Products is not provided (including surcharges for management fees and bank transfer commissions), the purchase will be suspended, informing the user that the transaction has not been completed.
Once full payment has been received, B-TALENT will automatically send the invoice for the purchase to the user’s e-mail address. By accepting these Terms and Conditions, the user expressly agrees to receive the invoice electronically. If the user wishes to receive the invoice on paper, he/she can contact B-TALENT indicating the postal address to which the invoice should be sent. The invoice may be issued directly to the user as an individual, to the user as a self-employed person or to the company for which the user works.
Furthermore, in accordance with the legislation in force, B-TALENT cannot subsequently modify the invoicing of sales made. Therefore, the invoice will be issued in the name of the natural person who contracts the Products, so the user must make sure to place the order in the correct name. Duplicate invoices cannot be issued to third parties, nor can they be issued after the guarantee period has expired.
6. RIGHT OF WITHDRAWAL AND GUARANTEES
6.1. Right of withdrawal
In accordance with the provisions of Royal Decree Law 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, users are hereby informed of the following aspects.
All users may exercise their right of withdrawal within a maximum period of fourteen (14) calendar days from the date of contracting the product, except in the case of having downloaded course content or having accessed information from the courses.
Users who wish to exercise their right of withdrawal must in any case follow the following steps:
1) The user must communicate to B-TALENT his desire to exercise his right of withdrawal by notifying his decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or e-mail). Our contact details are as follows:
Address: Calle Marqués de Monteagudo 22, 28028, Madrid
Phone: +34 917 046 63
Fax: +34 917 266 476
To exercise your right of withdrawal, the user may use the model form whose text is reproduced below, although its use is not mandatory:
(You should only complete and send this form if you wish to withdraw from the contract)
To the attention of ____________, with address in ________________, telephone ____________, e-mail _____________ and fax ____________.
I hereby inform you that I withdraw from my contract of purchase of the following goods: _________________, ordered on ___________, received on ___________.
Consumer and user name: ____________________
Consumer and user’s address ________________________________
Signature of consumer and user (only if this form is submitted on paper):
2) Upon receipt of the request to exercise the right of withdrawal, B-TALENT will send an email to the user confirming that its request has been received, after which the user will no longer have access to the Products.
3) Subsequently, the corresponding economic amount will be refunded within a maximum period of fourteen (14) days from the time of receipt of the request for the right. This economic amount will be the one initially paid by the user.
4) In any case, the payment of the economic amounts will be made through the means used by the user to make the initial payment, unless the user expresses a different one, in which case he may incur additional costs.
6.2. Responsibility of B-TALENT
B-TALENT undertakes to ensure that the content, data or information relating to the Products offered through the Website are reliable, true and accurate, and is responsible for the prices and features advertised. However, it will not be responsible for any information that has been introduced, displayed or modified by third parties outside B-TALENT.
Any photographs, texts, graphics, information or characteristics reproduced that illustrate the Products are not contractual and may therefore vary. However, we always ensure that the description of the products is as accurate as possible.
6.3. Customer service
B-TALENT, as responsible for the Website and in charge of the marketing of the Products offered through it, makes available to users a customer service, available from Monday to Friday, from 8:00 to 19h, which will give due attention to all queries, complaints and suggestions made in relation to the subscription of any of the Products.
Specifically, the following channels of contact are available to users:
Telephone: +34 917 046 63
Address: Calle Marqués de Monteagudo 22, 28028, Madrid
We will respond to any complaints or queries received in the shortest possible time.
Complaint forms are available to the consumer and/or user.
The parties undertake to comply with their legal and contractual obligations arising from these Terms and Conditions. If a party fails to comply with any of its obligations or hinders the other party’s compliance with its obligations, the right of that other party to claim compensation for damages will be generated, both for consequential damages and for lost profits.
The parties will be responsible for the infringements they have personally incurred, and the other party will be indemnified against any error, fault or negligence not attributable to it, and for any damage arising from such infringements or errors attributable to the other contracting party.
B-TALENT shall not be liable in the cases described in the Legal Notice of the Website [https://b-talent.asdeideas.com/es/politica-de-cookies/] with respect to the Products offered through it. Also, in particular, B-TALENT will not be responsible in case of unavailability of the Website or the impossibility of contracting the Products when this is due to circumstances beyond the control of B-TALENT, force majeure or error in the recruitment process or data provided by the user. However, in such cases, B-TALENT will contact the user in order to find the best solution to the case.
B-TALENT will use all the commercial and technical efforts at its disposal to keep the Products offered through the Website available, which constitutes an obligation that, however, will not apply to any lack of availability or performance caused by:
1) Temporary inactivity of the Website due to updating and/or technical maintenance, which will be previously informed by publication on the Website itself within a maximum period of 48 hours, provided that these circumstances are known or communicated to B-TALENT with more notice than indicated;
2) Causes beyond the control of B-TALENT : force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the owner of the Website, actions or omissions of third parties, etc.
In all the cases referred to, beyond the control and due diligence by B-TALENT, there will be no place for compensation of the latter to the user for lost profits, damages or losses.
In the event of closure or suspension of the Website for reasons beyond the control of the parties, the user will be informed promptly of the transfer of the service to a new domain, modifying only the stipulations of this contract with regard to the domain in which the Website remains active.
8. SAFEGUARD CLAUSE
All the clauses or extremes of the present Conditions of Contract must be interpreted independently and autonomously, the rest of the stipulations not being affected in case one of them has been declared null and void by a judicial sentence or final arbitration resolution. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the Terms and Conditions of the Website.
9. RESOLUTION OF DISPUTES
The present relationship between the Parties, provided that the legislation applicable to each one of them allows it, will be governed by the Spanish legislation in force at any given time. Thus, for any litigious question related to this Website or any other that depends on it, the Spanish legislation in force at the time of the litigation will be applicable, being competent for the resolution of all conflicts derived or related to the use of this Website the Courts and Tribunals of the city of Madrid (Spain).
To file a complaint regarding the use of our Products, you can write to the e-mail address or physical address indicated in the section “Identification”, committing us to seeking an amicable solution to the conflict at all times.
In addition, all users resident in the European Union have the possibility of going to the Online Dispute Resolution (ODR) Platform, through the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. For any query about this Platform, the user may contact the European Consumer
Centre in Spain, located in Madrid, calle Príncipe de Vergara 54, 28006, telephone 918224555.
Last update: July 2020
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