CONDITIONS FOR CONTRACTING DIGITAL CONTENT WITHOUT MATERIAL SUPPORT
1. General information
The purpose of these General Contracting Conditions is to regulate the commercial transactions carried out on the e-commerce website www.redib.org (hereinafter, the "Website" or "Portal"), whose owner is the AGRUPACIÓN ÍNDICE IBEROAMERICANO DE INVESTIGACIÓN Y CONOCIMIENTO, A.I.E., with registered address at Avenida de Cantabria s/n, Boadilla del Monte, Madrid, SPAIN, with Spanish Tax ID no. V86282233 (hereinafter, REDIB or the Service Provider).
Only legal persons or natural persons over the age of 18, with full legal capacity to contract, are able to contract the service.
2. Acknowledgement and acceptance of the General Contracting Conditions
We suggest reading these General Contracting Conditions carefully before starting the purchase process on the Portal. Both browsing the Website and contracting any service offered on it implies acknowledgement and agreement on behalf of the Customer, without reservations of any kind, of each and every one of these General Contracting Conditions.
For the purposes of these conditions, the "Customer" is defined as any person who uses the portal to purchase digital content without material support (hereinafter, "the Deliverables").
REDIB reserves the right to deny access to the Portal or to deactivate/de-register registered Customers who do not comply with any of these General Conditions or the particular conditions applicable to them, at any time and without prior notice.
3. Customer IDs and passwords
The assigned access codes will be personal and non-transferable. The transfer to third parties, even temporary, is prohibited. As such, the Customer undertakes to make diligent use of, and keep secret, the password(s) and name(s) of the assigned Customer(s), where appropriate, to access the Website and/or the services that it provides. If the Customer learns or suspects that his/her password has been lost, stolen or used by third parties, they must inform the SERVICE PROVIDER of this as soon as possible.
The SERVICE PROVIDER reserves the right to modify these conditions and the list of services and prices at any time and at its sole discretion. Any modification thereof shall be duly published on the Website, and will be notified to the Customers via email. Said modifications will not affect those Customers who have already contracted the Service.
5.- Functionality and Interoperability of the Digital Content
The Customer acknowledges and accepts that the deliverables will only be provided in an electronic format.
Downloadable deliverables will be in PDF format, and these can be read using a PDF reader or a web browser.
6.- Loss of the Consumer's Right to Withdrawal following the Execution of Digital Content without Material Support
In accordance with the provisions of article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other supplementary laws, REDIB informs the Customer that as soon as they provide their express consent to the execution of the digital content without material support by checking the corresponding box, he/she will lose their right to withdrawal. In other words, they will not be able to withdraw from the purchase in the 14-day period. The Customer, by checking the corresponding box, declares that they are aware that they will lose their right to withdrawal if the execution of the digital content starts to take place.
The right to withdrawal will not apply to contracts covering the provision of services once the service has been completely executed, when the execution has begun, with the prior express consent of the consumer and the user and with their acknowledgement that, once the contract has been completely executed by REDIB, they will have lost their right to withdrawal.
In those cases in which the consumer wants the service provision to begin during the withdrawal period (14 days), if the consumer withdraws, he/she shall pay REDIB an amount proportional to the part of the service that has already been provided at the time that they inform REDIB that they would like to execute their right to withdrawal, in relation to the total amount of the contract.
This clause, as well as everything referring to the right to withdrawal, will not apply if the services provided on the Portal are requested by a company that is acting within the framework of its business or commercial activity.
7. Contracting the service and payment methods
7.1 Deliverables and Delivery Policy
By virtue of the contract executed, the Customer shall receive a digital version of the documents requested during the purchase process on the website (hereinafter "the deliverables").
The Customer acknowledges and accepts that the service provided is a totally online service, and that no printed materials will therefore be delivered.
The content will be accessible in the customer's private area on the website. To access the content, he/she will need to enter their email and password. If the Customer forgets their log-in details, they can use the website's password recovery function. When the deliverable is ready, the customer will receive a notification email at the email address provided during the registration process.
REDIB reserves the right to accept any order. Under no circumstances can it be held responsible for possible losses or damages deriving from the non-acceptance of the order.
Following the purchase process and the payment, the Customer will not be entitled to request modifications and/or any changes that imply a change in the production process of the digital content to be delivered, unless otherwise indicated in the description of the contracted service.
The only permitted modifications to the material delivered by REDIB under the contract shall be those provided in the description of each service.
7.2 Contracting Procedure
The Customer must first read the General Contracting Conditions. By checking the corresponding box, the Customer acknowledges that he/she has been informed of the characteristics of the service that they intend to contract, having had the opportunity to read the General Contracting Conditions.
By virtue of the executed contract, the Customer will receive the material specified in section 6.1 of these conditions (hereinafter, "the deliverables").
For any additional information or clarification regarding the content of the General Contracting Conditions, or for any consultation and/or complaint related to the characteristics of the service, the Customer may contact the Customer Service Department, whose details are provided in the following section of these conditions.
To contract the deliverables, Customers must follow the instructions that appear on the screen.
To contract paid services, the Customer must follow the steps provided below:
1. Sign up to REDIB
2. Go to the "Services" section
3. Select the service, fill in the form and click on the "contract" button
4. On the billing data and payment method screen, enter the corresponding data
5.Connection with the bank transfer that they have selected
6.Payment confirmation and receipt of an order confirmation email. If an error occurs during a card payment, REDIB will offer the Customer an alternative payment method.
All selected services will include a general description of the service and their price (in euros). The Customer can also contact REDIB via the contact details that are provided in the "Customer Service Department" section.
If, when filling out the fields that appear on the screen during the purchase process, the Customer makes a spelling error, he/she should contact REDIB via the contact details provided in the following section of these conditions.
The Customer will receive confirmation of the executed contract to the email address provided in the registration form. This email will confirm correct receipt of the order, the contracted Deliverable and the amount paid/due to be paid by the Customer. The delivery time will not be calculated until payment is confirmed in accordance with current rates and, where applicable, all material and information required for the production of the Deliverable is delivered.
Once the full amount of the order has been paid, no further information or changes implemented by the Customer will be accepted unless this is expressly mentioned in the description of the service.
The delivery time of the Deliverable, which will be provided in the description of the service, may vary depending on the nature of the Deliverable.
REDIB will store the electronic document that certifies the executed contract.
7.3 Specific Contracting Conditions
Certain orders will be subject to SPECIFIC CONTRACTING CONDITIONS. In these cases, REDIB will send these specific conditions to the email address provided during the purchase process, which the Customer must accept in order to conclude the purchase process. In the event of a contradiction with the general conditions set forth in this document, the specific conditions shall prevail.
7.4 Payment Method and Prices
Payments shall be made by debit or credit card using the Redsys system, or by sending a bank transfer to the account number provided by REDIB. The Order Number should be stated in the reference field. All payments are made in euros.
The use of false data and/or fraudulent payments and/or any action that breaches current regulations by the Customer shall give REDIB the right to terminate the contract unilaterally, without prejudice to the corresponding civil and criminal responsibilities. REDIB reserves the right to not accept contracting forms that contain errors or incorrect or false information.
The prices and applicable taxes will be clearly indicated on the website next to the service which is being contracted. The prices of the Products will always be listed in euros. VAT and any other applicable taxes will also be specified, with these being legally applicable and in force at all times.
The payment methods are subject to checks and authorisations by the issuing entity of the payment method (card issuers and/or payment account issuers). If these entities do not authorise the payment, the purchase procedure that has already started cannot be continued and the order will be automatically cancelled. In this case, it will be understood that the sale of the requested deliverables did not take place.
The Customer shall authorise REDIB, via email or telephone, of any undue or fraudulent charge made to the card used to make a purchase on its website. This should be done as soon as possible, so that REDIB can take the measures that it deems appropriate.
To carry out the electronic payment, REDIB has installed an e-commerce payment gateway provided by qualified banking entities. All data provided by REDIB to these effects are duly encrypted, ensuring maximum security and confidentiality of the data. They will be hosted on a secure certified server as per the "Secure Socket Layer" (SSL) protocol.
8. Customer Service Department
If you have any questions or queries regarding these General Contracting Conditions or any of the services offered on the Website, or if you want to file a claim, complaint or exercise your right to withdrawal, please send us an email at: firstname.lastname@example.org
9.- Warranty and Returns Policy
In the event that the deliverable sold through the Portal is defective or does not match the technical description provided, the Customer must contact REDIB's Customer Service Department within 14 days to exercise his/her right to the repair the deliverable under the conditions and with the means of proof regulated in the Revised Text of the General Law for the Protection of Consumers and Users, without prejudice to REDIB's powers to verify the veracity of the defects, their origin and the time of their appearance.
10.- Industrial and Intellectual Property
Nothing in this Agreement shall be interpreted as a waiver or transfer of the intellectual or property rights over the goods governed by these regulations. REDIB is the exclusive owner of all rights deriving from intellectual or industrial property over any material created by means of this Agreement, and grants the Customer a non-exclusive license of use.
The Customer is therefore prohibited from sending and/or transmitting the rights acquired through this Agreement to third parties in any way. Likewise, with the exception of the use required in accordance with the purpose of this Agreement, the marketing, extraction and/or reuse, distribution, transfer, modification or transformation (either complete or partial) of the delivered material is prohibited, regardless of the means used or the manner in which it is carried out. In any case, acts contrary to the use established in this Agreement or which cause unjustified damage to third parties and/or to the legitimate interests of REDIB are prohibited.
The Customer recognises that the intellectual and industrial property rights over the deliverables, works, brands, logos and anything else subject to protection contained on the REDIB website are the exclusive property of REDIB, unless otherwise indicated. The unauthorised reproduction, distribution, marketing or transformation of these deliverables, works, brands, logos, etc. constitute an infringement of REDIB's intellectual and industrial property rights, or those of their rightful owner. These may give rise to judicial or extra-judicial procedures that may involve them during the exercise of their rights.
11.- Disclaimer of Responsibility
REDIB shall not be liable for damages caused to the Customer as a result of them mis-using of the Service or for any error on their part. Neither shall REDIB be liable for the use of the Service by a third party. REDIB shall not be liable for errors, omissions and/or inaccuracies that may be contained in the information provided by the Customer, nor for any losses or damages that said information could cause third parties.
REDIB shall not be liable, under any circumstances, for the contents that Customers may publish on the website owned by REDIB; especially with regards to the description of the Products, product reviews written by Customers, the prices, etc.
REDIB is not liable, directly or indirectly, for information, content, statements or expressions contained in the deliverables that are the property of a third party. Under these circumstances, REDIB is a mere intermediary in the sale of the deliverable.
Under no circumstances shall REDIB be liable for causes of force majeure, technical problems or other causes that cannot be attributed to REDIB which hinder the normal development of the contractual relationship.
Should any of these conditions be declared invalid, illegal or non-applicable by any court of competent jurisdiction, said condition shall not be deemed in force, and these contractual conditions shall not be considered to be null and void in their entirety. Rather, all other conditions shall remain in force, with only those considered as invalid, illegal or non-applicable being omitted. If there are any legal loopholes with regards to the interpretation of any part or aspect of these contractual conditions, the interpretation shall be made in accordance with the other terms and conditions and in consideration of their purpose and nature.
13. Applicable Law and Jurisdiction
The applicable law for these general conditions shall be Spanish Law. In the event of any conflict or discrepancy in the interpretation or application of these contractual conditions, the Courts and Tribunals who will hear the matter shall be those specified by applicable legal regulations on competent jurisdiction.
If the services provided in the Portal are requested by a company acting within the framework of its business or commercial activity, both parties submit, with express waiver to any other law, to the Courts and Tribunals of Madrid (Spain).