GENERAL CONDITIONS OF CONTRACT

 

This contractual document will govern the contracting of services through the website www.mdurance.eu, owned by MDURANCE SOLUTIONS SL, hereinafter PROVIDER.

Acceptance of this document implies that the USER:

  • You’ve read, you understand and you’re agree with this text.
  • He is a person with sufficient capacity to contract.
  • Assume all obligations set forth herein.

These conditions will have an indefinite validity period and will be applicable to all purchases made through the PROVIDER’s website.

The PROVIDER informs that the mdurance company is responsible and knows the current legislation of the countries to which it offers the services, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired to modification.

Identity of the contracting parties

On the one hand, the supplier of the goods or services contracted by the USER is MDURANCE SOLUTIONS SL, with registered office C / Periodista Rafael Gago Palomo, num 7, local 2B, – 18014 GRANADA (Granada), NIF B19635275 and with a telephone service to the client / USER 958203777.

And on the other, the USER, registered on the website through a username and password or not registered buying with the option without registration, which has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the LENDER.

Object 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 moment in which the latter accepts the corresponding box during the online contracting process.

The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific service.

Hiring procedure

The USER, in order to access the services offered by the PROVIDER, must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (GDPR), and the Law Organic 3/2018, of December 5 (LOPDGDD), detailed in the Legal Notice and the Privacy Policy of this website.

The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of them or the possible access by an unauthorized third party. , so that it proceeds to immediate blocking.

The USER will be able to make the purchase without registering, in this way they will not have a username and password, but a user account will be generated related to the data we request and the purchases made.

Once the user account has been created, it is reported that in accordance with what is required by article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

  1. General contracting clauses.
  2. Sending orders.
  3. Right of withdrawal. Cancellation of Orders. Return and refund.
  4. Claims.
  5. Force Majeure.
  6. Competition.
  7. Generalities of the offer.
  8. Price and validity period of the offer.
  9. Form of payment, expenses and discounts.
  10. Purchasing process.
  11. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with the PROVIDER will imply 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. DELIVERY OF ORDERS

The PROVIDER will not send any proof of order until it has verified that the payment has been made.

As the order does not entail the physical delivery of any product, because training services are sold, the PROVIDER will send the USER by email the documentation of the training acquired.

3. RIGHT OF WITHDRAWAL. CANCELLATION OF ORDERS. RETURN AND REFUND.

The USER has the same rights and terms to proceed with the return, both online and offline.

The USER has a period of fourteen calendar days, counted from the purchase date, for the return or cancellation of the same (article 71 of Law 3/2014, of March 27), provided that the acquired training.

To cancel the order you must send an email to info@mdurance.es, indicating:
– Buyer’s name, including email and contact telephone number.
– Order number
– Order date

Once the data has been verified by the PROVIDER, provided that the period indicated above is met, the amount paid will be returned within a period of no more than 15 business days from the date of payment.

4. CLAIMS

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

Postal: MDURANCE SOLUTIONS SL, C / Periodista Rafael Gago Palomo, num 7, local 2B, – 18014 GRANADA (Granada)
Phone: 958203777
Mail: info@mdurance.es

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 conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third, called the Dispute Resolution Body, which 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 the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

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

6. COMPETITION

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

If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment 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 General Conditions in their entirety.

7. GENERAL INFORMATION OF THE OFFER

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

No modification, alteration or agreement contrary to the Commercial Proposal of MDURANCE SOLUTIONS SL or to what is stipulated herein, will have effect, unless an 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 in the event that, for any reason, the possibility of supplying the services offered is affected.

8. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and annexes to the service purchased.

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

Before making the purchase you can check all the details of the budget online: services, quantities, price, availability, expenses, discounts, taxes and the total of the purchase. Prices can change daily as long as the order is not placed.

 

LEGAL WARNING

 

LAW ON THE SERVICES OF THE INFORMATION SOCIETY (LSSI)

MDURANCE SOLUTIONS SL, responsible for this website, hereinafter RESPONSIBLE, makes this document available to users, with which it intends to comply with the obligations provided in Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), BOE No. 166, as well as informing all users of the website regarding the conditions of use.

Any person who accesses this website assumes the role of user, committing to strict observance and compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.

MDURANCE SOLUTIONS SL reserves the right to modify any type of information that may appear on the website, without any obligation to pre-notify or inform users of said obligations, understanding as sufficient with the publication on the MDURANCE SOLUTIONS website SL.

1. IDENTIFICATION DATA

Domain name: http://www.mdurance.eu
Commercial name: MDURANCE SOLUTIONS SL
Company name: MDURANCE SOLUTIONS SL
NIF: B19635275
Registered office: C / journalista Rafael Gago Palomo, no. 7, local 2b – 18014 Granada
Phone: 958203777
e-mail: info@mdurance.es
Registered in the Registry (Commercial / Public): Granada Mercantile Registry in volume 1620, folio 71, page GR-49883, 1st entry

2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and / or graphics, are the property of the CONTROLLER or, if applicable, have a license or express authorization by the authors. All the contents of the website are duly protected by the intellectual and industrial property regulations, as well as registered in the corresponding public registers.

Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and commercialization, in any case requires prior written authorization from the CONTROLLER. Any previously unauthorized use is considered a serious breach of the author’s intellectual or industrial property rights.

The designs, logos, text and / or graphics outside the CONTROLLER and that may appear on the website, belong to their respective owners, who are themselves responsible for any possible controversy that may arise regarding them. The CONTROLLER expressly authorizes third parties to redirect directly to the specific contents of the website, and in any case redirect to the main website of www.mdurance.eu

The RESPONSIBLE recognizes in favor of their owners the corresponding intellectual and industrial property rights, their mere mention or appearance on the website does not imply the existence of any rights or responsibility over them, nor does it imply endorsement, sponsorship or recommendation by the same. .
To make any type of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you can do so through the email protecciondatos@mdurance.es.

3. EXEMPTION OF LIABILITIES

The RESPONSIBLE is exempt from any type of responsibility derived from the information published on its website provided that this information has been manipulated or entered by a third party outside the website.

Cookies Use

This website may use technical cookies (small information files that the server sends to the computer of the person accessing the page) to carry out certain functions that are considered essential for the proper functioning and visualization of the site. The cookies used are, in any case, temporary in nature, with the sole purpose of making browsing more efficient, and they disappear when the user session ends. In no case, these cookies themselves provide personal data and will not be used to collect them.
Through the use of cookies it is also possible that the server where the web is located recognizes the browser used by the user in order to make browsing easier, allowing, for example, access by users who have previously registered to the areas, services, promotions or contests reserved exclusively for them without having to register for each visit. They can also be used to measure the audience, traffic parameters, control the progress and number of entries, etc., in these cases cookies being technically dispensable but beneficial for the user. This website will not install dispensable cookies without the prior consent of the user.

This website uses analytical cookies (_ga or _utm) owned by Google Analytics, persistent for 2 years, to improve our services by analyzing your browsing habits. Every user who visits the web is informed of the use of this cookie by means of a floating banner requesting consent for its installation. In the case of accepting its use, the banner will disappear, although at any time you can revoke the consent and obtain more information by consulting our Cookies Policy.

The user has the possibility of configuring his browser to be alerted to the reception of cookies and to prevent their installation on his computer. Please, consult the instructions of your browser to expand this information.
Links policy

From the website, you may be redirected to content from third-party websites. Since the CONTROLLER cannot always control the content posted by third parties on their respective websites, it does not assume any type of responsibility for such content. In any case, it will proceed to the immediate withdrawal of any content that could contravene national or international legislation, morality or public order, proceeding to the immediate withdrawal of the redirection to said website, making the content known to the competent authorities in question.

The CONTROLLER is not responsible for the information and content stored, by way of example but not limited to, in forums, chats, blog generators, comments, social networks or any other means that allows third parties to publish content independently on the website of the RESPONSIBLE. However, and in compliance with the provisions of articles 11 and 16 of the LSSICE, it is made available to all users, authorities and security forces, actively collaborating in the withdrawal or, where appropriate, blocking of all those contents that may affect or contravene national or international legislation, the rights of third parties or morality and public order. In the event that the user considers that there is any content on the website that could be subject to this classification, please notify the website administrator immediately.

This website has been reviewed and tested to ensure that it works properly. In principle, correct operation can be guaranteed 365 days a year, 24 hours a day. However, the CONTROLLER does not rule out the possibility of certain programming errors, or that force majeure, natural catastrophes, strikes or similar circumstances may occur that make access to the website impossible.
IP addresses
The website’s servers will be able to automatically detect the IP address and domain name used by the user. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is registered in a duly registered server activity file that allows the subsequent processing of the data in order to obtain only statistical measurements that allow knowing the number of page impressions, the number of visits made to the web servers, the order of visits, the access point, etc.

4. APPLICABLE LAW AND JURISDICTION

For the resolution of all disputes or issues related to this website or the activities carried out therein, Spanish legislation will apply, to which the parties expressly submit, being competent to resolve all derivative conflicts or related to its use the Courts and Tribunals closest to GRANADA.