TERMS AND CONDITIONS

Introduction

This contractual document will govern the General Conditions of Contracting Spanish Classes for Foreigners (ELE) online (hereinafter, «Conditions») through the website livespanishlanguage.com, owned by Ana Isabel Gual Lope under the trademark of livespanishlanguage, hereinafter, PROVIDER, whose contact details are also included in the Legal Advice of this website

These conditions will remain published on the website available to the USER to reproduce and save 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 that are in force at the time of placing orders will be applicable.

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

Acceptance of this document implies that the USER:

  • You have read, understand and understand what is stated herein.
  • It is a person with sufficient capacity to contract.
  • Assume all obligations herein.

These conditions will be valid for an indefinite period and will be applicable to all contracts made through the PROVIDER’s website.

The PROVIDER informs that the trade is responsible and knows the current legislation, and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions that were implemented prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the training courses hired by the USER is Ana Isabel Gual Lope, with registered office at Avenida de la Estación, n.º 15 – 03003 Alicante (Alicante), NIF 48344026.

And of another, the USER, responsible for the veracity of the personal data provided to the PROVIDER. In some cases the USER will not coincide with the STUDENT, so he will act on his behalf (for example: Companies, parents, etc.).

Purpose of the contract

The purpose of this contract is to regulate the contractual relationship of sale born between the PROVIDER and the USER at the time that the USER accepts during the online contracting process the corresponding box.

The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly displayed through the website, of online Spanish Classes for Foreigners (ELE).

Intellectual property

The USER is not permitted in any way to transfer, change and exchange the license rights and obligations under this contract, unless the form and content can be altered under the condition that the changes are pre-agreed and in writing from the PROVIDER. However, it expressly excludes in this contract -or general conditions of sale- any transfer of ownership from the PROVIDER to the USER.

Contracting procedure

The USER, in order to access the services offered by the PROVIDER, must be over 18 years of age. Therefore, the USER must provide freely and voluntarily the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of 27 April 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data and the Organic Law 3/2018, of 5 December (LOPDGDD), relating to the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The contracting procedure will follow the following steps:

  1. General contracting clauses.
  2. Activation of services.
  3. Right of withdrawal.
  4. Online complaints and dispute resolution.
  5. Force majeure.
  6. Competence.
  7. General information about the offer.
  8. Price and validity period of the offer.
  9. Payment methods, fees and discounts.
  10. Purchase process.
  11. Dissociation and suspension or termination of the contract.
  12. Warranties and Returns.
  13. Governing Law and Jurisdiction.

1. General contracting clauses

Unless specifically stipulated in writing, the placing of an order to the PROVIDER will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. Activation of services

The PROVIDER will not activate the provision of any service until it has verified that the payment has been made.

As the order does not involve the physical delivery of any product, consisting of the contracted services in training classes provided remotely, the PROVIDER will inform the USER in advance of the procedure to be followed for the connection and monitoring of them.

Failure to perform the contract remotely

In case of not being able to execute the contract, the USER will be informed of the lack of availability and that he will be entitled to cancel the order and receive the refund of the total amount paid at no cost, and without this derive any liability for damages attributable to the PROVIDER.

In the event of unjustified delay by the PROVIDER regarding the refund of the total amount, the USER may claim to be paid twice the amount due, without prejudice to his right to be compensated for damages suffered in excess of that amount.

The PROVIDER will not assume any responsibility when the classes are not carried out, because the data provided by the USER is false, inaccurate or incomplete.

The provision of the service will be considered completed at the time the USER has accessed the platform through which the contracted classes are completed.

3. Right of withdrawal

Withdrawal form: You can download it HERE.

The USER has a period of fourteen calendar days, counted from the conclusion of the sales contract if it were a provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiry date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007, and which are listed HERE.

4. Online Complaints and Dispute Resolution

Any complaint that the USER deems appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

Name: Ana Isabel Gual Lope
Avenida de la Estación, n.º 15 – 03003 Alicante (Alicante)
E-mail: anabel@livespanishlanguage.com

Online Dispute Resolution

In accordance with Art. 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, without having to resort to the courts of law, through the intervention of a third party, called Dispute Resolution Body, that acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict.

Link to ODR platform: http://ec.europa.eu/consumers/odr/

5. Force majeure

The parties shall not incur liability for any fault due to a cause majeure. Compliance with the obligation shall be delayed until the cessation of the case of force majeure.

6. Jurisdiction

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

If any provision of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

7. Overview of the offer

All sales made by the PROVIDER will be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the commercial proposal of Ana Isabel Gual Lope or to what is stipulated herein, will take effect, unless express agreement in writing signed by the PROVIDER, in this case, these particular agreements will prevail.

Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the services offered. These modifications will also be valid if, for any reason, the possibility of providing the services offered is affected.

Continuity, consistency and quality of service

The PROVIDER expressly agrees to provide all its resources in the availability and provision of services in general and in this document, undertakes to fulfill its obligation as a service provider to the extent of its possibilities.

The PROVIDER undertakes to act with the greatest diligence and attention as possible and proceed to provide a quality service in accordance with generally recognized practices: except in the hypothetical case that the execution of Spanish classes for Foreigners (ELE) is suspended, pursuant to special instructions required.

Consequently, the PROVIDER will be obliged to be able to guarantee its services given the supply conditions (subsequent network performance).

The PROVIDER reserves the right to interrupt online Spanish Classes for Foreigners (ELE) through its provider, 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, will 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 the training may not be available in case it cannot or is unable to access the Internet or this website. The PROVIDER will not be responsible for the inability of the USER to access the training, under these circumstances.

In particular, it is the USER who must maintain his own protection against viruses, as well as the version of his browser updated. The PROVIDER will not be responsible for any virus transmitted through its website.

Similarly, the PROVIDER disclaims any responsibility for unauthorized 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 will not be liable under any circumstances for damages related to it, such as loss of exploitation, loss of profit, loss of value, damages or expenses.

The PROVIDER undertakes to exercise its offer with due diligence and care, providing a quality service, in accordance with the normal practices of the field, subject to the interruption of the services explicitly requested at the request of the administrative authorities.

If the training established by the USER is suspended following a decision of a competent authority, the PROVIDER shall reimburse or offer him a credit valid for one year, equal to the amount of the training offer.

The Parties agree that the PROVIDER has the right to modify the services without prior notice.

After-sales services

The PROVIDER undertakes to provide the USER with the necessary support in relation to the training acquired. The customer can contact the PROVIDER for any request related to the training at: anabel@livespanishlanguage.com.

Obligations and Responsibility of the Client

The USER expressly agrees to have verified the compatibility between his demand and the offer of services and fully acknowledges the receipt of all the necessary information and advice from the PROVIDER, so that this agreement can enter into force with the knowledge and certainty binding.

The USER undertakes to verify the identity of the STUDENT, if applicable, before his/her designation in the PROVIDER’s training.

The USER guarantees to act within his exclusive responsibility if, as a result of the access to the Spanish for Foreigners (ELE) classes, this is not carried out in accordance with what can be considered reasonable acts of use performed by the STUDENT, that it is available to access and does not respect the instructions for the correct use, provided by the PROVIDER.

The USER, if applicable, must inform the STUDENT about these terms and will be responsible with respect to this matter.

The parties relevant to the contract also recognize that the PROVIDER has the capacity to modify the provision of the service in full transparency without the need to carry out any prior communication procedure, other than to inform the USER that the level of provision of services already provided, it’s going to be adjusted.

The USER acknowledges being informed of the provisions of the regulations relating to safety (safety or physical security) and operational safety. The USER will be solely responsible for the consequences of breach of these rules and these Terms.

8. Price and validity period of the offer

The prices indicated for each service do NOT include Value Added Tax (VAT) as language teaching is exempt from the application of this tax.

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

Prices may change as long as the order is not placed.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that he has informed at the time of placing the order and that will be sent to the USER to the email address provided by him.

For any information about the class packages, the USER may contact via email at the address anabel@livespanishlanguage.com.

9. Payment methods, charges and discounts

The PROVIDER is responsible for the economic transactions and enables the following ways to make the payment of an order:

  • PayPal

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure pages, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user / client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.

The PROVIDER agrees 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 the goodwill of the same or negatively influence them

The following activities are prohibited under the Card Brand Programs: The sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant or Card Holder.

10. Purchase process

From the livespanishlanguage.com website, users are offered the possibility to purchase Spanish class packages.

The number of classes offered in each package and, consequently, their price may vary depending on the modality (INDIVIDUAL, CHILDREN or DELE PREPARATION).

The process of purchasing the Spanish class packages does not imply any type of registration on the platform.

The user should also know that the purchase of each class package involves a different purchase process, since the acquisition is made through preconfigured payment forms and there is no shopping cart.

Every time the USER wants to buy a class package, they must follow the same simple procedure, which is described below:

The USER will access through the links enabled on the web for this purpose the payment form corresponding to the modality (INDIVIDUAL, CHILDREN or PREPARATION TO DELE) that he chooses for his classes.

Once the USER has accessed the corresponding payment form, users will simply have to fill in it with their basic personal data (name and surname, email address and telephone number). Optionally, they may send a message to include additional information they consider relevant or make any query if they see fit.

Once the contact details have been filled, they must select the desired class pack (number of classes) from among those offered and that will be conditioned by the chosen modality (INDIVIDUAL, CHILDREN Or PREPARATION TO DELE) previously. Automatically the user will display the total amount in euros of the package they have selected.

In accordance with data protection regulations, you must also accept the processing we carry out of your data as well as give your consent to the Terms and Conditions. The form provides the USER with access to an extract of our policy as well as additional and more detailed information of this Privacy Policy. In addition, you are also given access to the Terms and Conditions if you wish to consult this information before agreeing.

Then, and once all the fields of the form have been completed, the USER will be able to proceed with the purchase process using the payment buttons enabled to access the PayPal gateway.

You should also know that, in the event that the purchase process has been successful, sending your data through the form entails these two actions:

  • On the one hand, sending an email with your data to the administrator of the website, in this case, to the address anabel@livespanishlanguage.com, in order to be able to manage and provide the services requested.
  • On the other hand, the sending of a second email confirming receipt with your data to the email address that you have provided us through the form.
  • Redirect to the livespanishlanguage.com website.

Payment form (contact details and total payable)

It is important to inform that the payment forms do not have any administrative link, it is only a previous step where the USER fills in their personal data (essential to be able to establish the contact in case of proceeding to the purchase) and from where you can also visualize the amount you will have to pay according to the class package you choose.

It is from the payment form, and through the PayPal buttons, where an order can be placed for its correct formalization. To do this, the USER must follow the steps established by PayPal.

  • If you click on the PayPal checkout button, the USER has the option to
    • log in with your PayPal account and select the payment method you want (payment with PayPal balance, card, bank account or you can even pay in 3 installments without additional costs in case of purchases over 30€)
    • If you do not have a PayPal account, you can create one by providing the data that PayPal needs.
  • If the USER prefers to pay by entering the debit or credit card details instead of logging into PayPal, the corresponding button is also available on the website enabled for this purpose.

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the order has been placed. You will also be redirected back to the livespanishlanguage.com website.

In case of disputes regarding the nature of the services of the PROVIDER or the use of the website by the USER, the information stored on the electronic payment device and in the framework of the automatic collection of information by the PROVIDER, could be used as evidence between both parties.

Orders (purchase requisitions)

In the case of the first purchase request, within a maximum of 24 hours, on working days, the PROVIDER will contact the USER to establish the start of the classes.

Service Delivery Procedure

The classes will be carried out through the Skype platform once the schedule and frequency of the classes have been agreed upon by mutual agreement between the PROVIDER and the USER.

Check the class cancellation policy.

11. Dissociation and suspension or termination of the contract

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining 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, when the USER fails to comply with or follow any of the obligations set forth herein or any applicable legal provision, license, regulation, directive, code of practice or use policies.

When the PROVIDER exercises any of its rights or powers under this clause, such exercise will not prejudice or affect the exercise of any other right, power or remedy that may be available to THE PROVIDER.

12. Warranties and Returns

The guarantees will respond to the provisions of the Title referring to “Guarantees and after-sales services” of Royal Legislative Decree 1/2007, of 16 November, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access by clicking HERE.

13. Governing Law and Jurisdiction

These conditions shall be governed or interpreted in accordance with Spanish law in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services subject to these conditions.

In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between both in accordance with Art. 14.1 of Regulation (EU) 524/2013, without recourse to the courts. For more information, please refer to the clause “4. CLAIMS And ONLINE DISPUTE RESOLUTION” of these Terms.

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