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Terms of services

GENERAL TERMS AND CONDITIONS

Introduction

This contractual document shall govern the General Terms and Conditions for services (hereinafter, “Conditions”) through the website SCIMAGOLAB.COM, owned by SCIMAGO RESEARCH GROUP S.L. under the trade name SCIMAGO, hereinafter, the PROVIDER, whose contact details are also listed in the Legal Notice of this website.
These Conditions shall remain published on the website for the USER to reproduce and store them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER’s responsibility to read them periodically, as the conditions in force at the time of placing orders will be applicable.
The contracts shall not be subject to any formality except for the cases expressly stated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER:

  • Has read, understands, and comprehends the contents herein.
  • Is a person with sufficient capacity to contract.
  • Assumes all obligations set forth herein.

These conditions shall have an indefinite period of validity and shall apply to all contracts entered into through the PROVIDER’s website.
The PROVIDER informs that the business is responsible and aware of the current legislation, and reserves the right to unilaterally modify the conditions, without such modification affecting the terms and conditions that were in place prior to the change.

Identity of the Contracting Parties

On the one hand, the PROVIDER of the services contracted by the USER is SCIMAGO RESEARCH GROUP S.L., with its registered office at C/ MISTRAL, 36, CORTIJO DEL AIRE, 18220, ALBOLOTE, GRANADA, SPAIN, Tax Identification Number (CIF) B18868885, and customer/USER service telephone number 958402579.


And, on the other hand, the USER, registered on the website with a username and password, for which they have full responsibility for use and custody, and who is responsible for the accuracy of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual sales relationship established between the PROVIDER and the USER at the moment the latter accepts, by means of the corresponding checkbox, during the online contracting process.
The contractual purchase relationship entails the provision of a specific service in exchange for a determined price, publicly displayed through the website.

Contracting Procedure

To access the services offered by the PROVIDER, the USER must be of legal age and register through the website by creating a user account. For this purpose, the USER must freely and voluntarily provide 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), 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 the protection of personal data, as detailed in the Legal Notice and the Privacy Policy of this website.


The USER shall select a username and password, committing to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft, or of possible access by an unauthorized third party, so that the PROVIDER may proceed with their immediate blocking.


Once the user account has been created, it is hereby stated that the contracting procedure shall follow the steps below, in accordance with the requirements of the article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE):

  1. General terms of contracting.
  2. Activation of services.
  3. Right of withdrawal.
  4. Claims and online dispute resolution.
  5. Force majeure.
  6. Jurisdiction.
  7. General terms of the offer.
  8. Price and validity period of the offer.
  9. Transportation costs.
  10. Method of payment, 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 TERMS OF CONTRACTING

Unless otherwise expressly stipulated in writing, placing an order with the PROVIDER shall imply the USER’s acceptance of these legal conditions. No stipulation made by the USER shall differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATION OF SERVICES

The PROVIDER will not activate any service until it has verified that the payment has been made.
Since the order does not involve the physical delivery of any product, and the contracted services are downloaded or activated directly from the website, the PROVIDER will inform the USER in advance about the procedure to follow for such download or activation.


Failure to execute the distance contract
In the case of the service provision, the service shall be available from the moment the USER has made payment and may be downloaded or activated according to the PROVIDER’s conditions.
If the contract does not involve the physical delivery of any product, but rather a download activation via the website, the PROVIDER will inform the USER in advance about the procedure to be followed to complete such download.


In the case that the contract cannot be executed because the contracted service is not available within the expected timeframe, the USER will be informed of the unavailability and will be entitled to cancel the order and receive a full refund without any cost, with no liability for damages or losses attributable to the PROVIDER.


In the case of an unjustified delay by the PROVIDER in refunding the full amount, the USER may claim the payment of twice the amount owed, without prejudice to their right to be compensated for any damages suffered beyond that amount.


The PROVIDER shall not be held liable when the download or activation of the service cannot be carried out due to false, inaccurate or incomplete data provided by the USER.
The provision of the service shall be considered completed at the moment the USER has downloaded or activated the service.

3. DESCRIPTION OF THE SERVICES

SCIMAGO provides the following services:

  1. Specialized Consulting,
  2. Reports,
  3. Data Visualization,
  4. Scientific web positioning,
  5. Information Systems (OJS, DSpace, DSpace-CRIS, OMP and others), and
  6. Online Courses,
  7. Sale of software.


The PROVIDER may cease to offer any of the services; however, users who have previously acquired them may continue to use them according to their validity period. The USER accepts the terms and conditions of the services and, under no circumstances, acquires ownership of them. Copyrights over the website, portals, tools and services shall remain the property of the PROVIDER and shall not be construed under any interpretation of these Terms of Service as transferred to the USER.


The PROVIDER’s service begins at the moment a user account is registered on the website, after having accepted the terms expressed in this contract. The service consists of the one selected by the USER. The USER is aware of the services for which he is paying. The PROVIDER shall not be held responsible under any circumstances for errors made by the USER when selecting their service, nor for the information provided for the development of the service, which will inevitably affect the results obtained.


The PROVIDER assumes that the account holder and users are aware of any changes in the terms and conditions of the services, products and tools, and therefore shall not be liable for any loss of information caused by force majeure, fortuitous event, or the act of a third party.


The PROVIDER guarantees the USER free access to the website www.scimagolab.com, the portals www.scimagoir.com, www.scimagojr.com, and the included visualization tools under normal conditions; however, the user accepts that technical circumstances may temporarily render this information inaccessible and thereby releases the PROVIDER from any liability arising from such events, understanding that this may be due to limitations inherent in the current state of technology.


For web-based services, under normal conditions, the PROVIDER’s infrastructure has an approximate downtime of 1%, meaning that the service is available 99% of the time. The PROVIDER will undertake the measures it deems appropriate to ensure the service is available to the USER but does not guarantee this, as there may be events beyond the PROVIDER’s control and responsibility, such as communication failures, third-party actions, maintenance or service restructuring, among others. Nonetheless, the PROVIDER guarantees users that the service will be available under normal circumstances, as announced, from anywhere in the world with an internet connection, provided that the USER remembers their access credentials for the service and the Internet connection service conditions offered by each provider permit it.


Therefore, if access is not possible due to the type of connection or the deficient service from the aforementioned provider, this shall not be considered a breach of the service provided by the PROVIDER.
Regarding service maintenance and restructuring, the PROVIDER reserves the right to carry out the necessary measures without prior notice to users, but will endeavor to provide a notice with the advance timing as it deems appropriate or prudent to avoid inconveniences or potential damage in the processing of data or information.

4. ACCOUNT INFORMATION

The PROVIDER strives to keep user information secure and takes such precautions as it deems necessary to this end; however, it shall not be held liable for malicious acts by third parties or for any resulting consequences affecting the USER or third parties.


The PROVIDER informs its users that any information provided will be hosted on third-party servers, specifically Hetzner, which meet the highest security and suitability standards.


The PROVIDER shall not be responsible for the type of information entered by each USER into their account, nor for any inadequate results arising from the incorrect entry of such information in accordance with applicable accounting and tax regulations in each case. It is understood that, by using the PROVIDER’s services, the USER will make lawful and proper use of all tools made available, and that this releases the PROVIDER from any liability for the misuse of information by any USER, including but not limited to the use of information to evade tax obligations.


The USER, when using any of the PROVIDER’s services, agrees to (i) refrain from causing physical, moral, or psychological harm to other users of the service; (ii) refrain from using the service for malicious or ill-intentioned purposes, or to obtain benefits to the detriment of third parties, and especially not to the detriment of the State, understood as the entity which, under applicable law, is entitled to receive payments for taxes, under any designation, arising from the USER’s commercial activities; (iii) refrain from using the service for criminal or illegal purposes, or to obtain any unlawful advantage or benefit for themselves or for third parties, whether remunerated or not; (iv) refrain from publishing information that infringes upon the rights of third parties, such as intellectual property rights, trade secrets, or any other proprietary rights of third parties, without the proper authorization; (v) refrain from publishing sensitive information that is no longer current or that could mislead third parties or the State.


The USER declares to be the owner of the information entered on the site, and under no circumstances shall such information become the property of the PROVIDER; conversely, the PROVIDER is the sole owner of the website on which the USER enters its account information, and no transfer of ownership shall be deemed to occur by virtue of this agreement. If the USER terminates the contract, he will continue to have access to its account information; however, the PROVIDER shall not be obliged to deliver such information in any specific format, to perform any migration process, or to develop any solution enabling the information to be analyzed, imported, or digitized in any other software, as data is entered solely for consultation and processing in order to ensure the operation and use of the service.


Furthermore, the PROVIDER shall not be held liable for the incorrect completion of any form or for any inaccurate information supplied by the USER when carrying out a procedure or entering account information.

5. RIGHT OF WITHDRAWAL

The USER has a period of fourteen calendar days, counted from the date of download or activation of the service, or from the conclusion of the purchase agreement, to exercise the right of withdrawal. If the PROVIDER fails to comply with its duty to inform and provide documentation regarding the right of withdrawal, the period for exercising such right shall end twelve months after the expiration date of the initial withdrawal period (Article 71 of Law 3/2014, of March 27).
The right of withdrawal shall not apply in the following cases:

  1. For software applications that are downloaded directly through the portal or unsealed by the USER after physical delivery.
  2. For the provision of services, once the service has been fully performed, where performance has begun with the prior express consent of both the PROVIDER and the USER, and with the acknowledgment by the USER that he is aware that, once the contract has been fully performed by the PROVIDER, he will have lost its right of withdrawal.
  3. For the download or activation of a service whose price depends on fluctuations in the financial market beyond the control of the PROVIDER and which may occur during the withdrawal period.
  4. For the provision of services made to the USER’s specifications or clearly personalized.
  5. For the supply of accommodation services for purposes other than housing, transport of goods, vehicle rental, catering, or services related to leisure activities, where the contracts provide for a specific date or period of performance.
  6. For the supply of sealed goods which are not suitable for return due to health protection or hygiene and which have been unsealed after delivery.
  7. For the supply of goods which, after delivery and due to their nature, have been inseparably mixed with other goods.
  8. For contracts in which the consumer and user has specifically requested the trader to visit him for urgent repair or maintenance operations; during such visit, if the trader provides additional services beyond those specifically requested by the consumer, or supplies goods other than the replacement parts necessarily used to carry out the maintenance or repair, the right of withdrawal shall apply to those additional services or goods.

Any return must be communicated to the PROVIDER by requesting a return number via the designated form, or by email to info@scimago.es, indicating the corresponding invoice or order number.
If the return is not made with the original delivery packaging, the PROVIDER may charge the USER for the cost of such packaging, having first informed the USER through the same communication channel used.

6. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any complaint that the USER deems appropriate will be addressed as promptly as possible and can be made to the following contact addresses:


Postal Address: SCIMAGO RESEARCH GROUP, S.L., C/ MISTRAL, 36, CORTIJO DEL AIRE, 18220, GRANADA, SPAIN.
Telephone: +34 958 402 579
E-mail: info@scimago.es
Online Dispute Resolution


In accordance with article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online platform for the resolution of disputes between the USER and the PROVIDER, without the need to resort to the courts, through the intervention of a third party known as the Dispute Resolution Body. This body is neutral and will engage with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.

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

7. FORCE MAJEURE

The parties shall not be held liable for any failure to perform their obligations due to force majeure. The fulfillment of the obligation will be postponed until the cessation of the force majeure event.


COVID-19: In the event that the USER is unable to receive the service due to mobility restrictions or any other reason related to regulations established under the COVID-19, the USER will be entitled to a full refund of the registration fee or may choose to use their reservation on a new date proposed by the PROVIDER.

8. JURISDICTION

The USER may not assign, transfer or delegate any rights, responsibilities and obligations contracted under the sale.
If any provision of these terms is found to be null or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or altered in any way.


The USER declares that he has read, understood and fully accepted these Terms and Conditions in their entirety.

9. GENERAL TERMS OF THE OFFER

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


No modification, alteration, or agreement contrary to the Commercial Proposal of SCIMAGO RESEARCH GROUP S.L. or to the provisions herein shall be effective unless expressly agreed upon in writing and signed by the PROVIDER; in such case, these specific agreements shall prevail.


Given the continuous technical advancements and improvements of the services, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, so long as it does not affect the value of the services offered. These modifications shall also be valid in the event that, for any reason, the supply of the offered services is affected.

10. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each service include Value Added Tax (VAT) or other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping or communication costs, handling, packaging, shipping insurance, or any other additional services related to the purchased service.


The applicable prices for each service are those published on the website and will be expressed in EURO. The USER acknowledges that the pricing of certain services may vary in real time.


Before making a purchase, the user can review all budget details online: services, quantities, prices, availability, charges, discounts, taxes and the total purchase amount. Prices may change daily until the order is placed.
Once an order is placed, prices will be fixed regardless of whether the service is available or not.

Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the legal entity provided at the time the order was placed. This invoice will be sent in paper format along with the purchased product, as well as in PDF format to the email address provided by the USER, considering that the USER has given their express consent for this purpose. The USER is hereby informed that such consent may be revoked at any time by notifying the PROVIDER through any of the communication channels made available.


Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the legal entity provided at the time the order was placed. This invoice will be sent in paper format at the time the service is rendered. The invoice can be downloaded in PDF format by accessing the website’s management panel with the user account. If the USER wishes to receive the invoice by email, they must expressly consent and submit the request through any of the communication channels provided by the PROVIDER. The USER is informed that such consent may be revoked at any time.


For any inquiries regarding the order, the USER may contact the PROVIDER’s customer service by phone at +34 958 402 579 or via email at info@scimago.es.


11. TRANSPORTATION COSTS

There are no transportation costs.


12. METHOD OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER is responsible for processing all financial transactions and offers the following payment methods for orders:

Credit card
PayPal

The USER may apply a discount coupon prior to completing the purchase, if such a coupon has been issued by the PROVIDER.


Security Measures
The website employs industry-standard information security techniques such as SSL, secure-page data entry, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the USER agrees that the PROVIDER may collect data for the purpose of authenticating access controls.


The PROVIDER agrees not to allow any transaction that is or may be considered illegal by the credit card brands or the acquiring bank, which could or has the potential to damage their goodwill or negatively impact them.
The following activities are prohibited under the credit 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 Cardholder.


13. PURCHASE PROCESS

Cart (quotation simulation)
Any service from our product catalog can be added to the cart. The cart will display only the selected services, their quantity, price and total amount. Once the cart is saved, applicable taxes, charges and discounts will be calculated based on the data entered.
Carts have no administrative validity; they are merely a tool for simulating a quotation without any commitment for either party.
From the cart, an order can be placed by following the steps below to ensure its correct formalization:

—Placement of the order (purchase).
Once the order has been processed, the system will instantly send an email to the PROVIDER’s management department and another to the USER’s email address confirming that the order has been placed.
Orders (purchase requests)
Within a maximum of 24 business hours, an email will be sent to the USER confirming the status of the order and the approximate download and/or activation date.

—Verification of billing details.

—Verification of the service delivery method (download, activation, etc.).

—Selection of the payment method.

14. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are deemed illegal, void or for any reason unenforceable, this condition shall be considered separable and shall not affect the validity and enforceability of any of the remaining conditions.


SCIMAGO RESEARCH GROUP S.L. 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 usage policy.


When SCIMAGO RESEARCH GROUP S.L. 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 resource that may be available to SCIMAGO RESEARCH GROUP S.L.


15. WARRANTIES AND RETURNS

The warranty of the services offered shall comply with the following articles, based on the Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users (Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios) and other complementary laws:
Article 114. General principles.
The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, being liable to them for any lack of conformity that may exist at the time of the product’s delivery.
Article 115. Scope of application.

The action to claim compliance with the provisions of chapter II of this title shall prescribe three years from the delivery of the product.
5.The consumer and user must inform the seller of the lack of conformity within two months from the time they became aware of it. Failure to meet this deadline shall not result in the loss of the right to the corresponding remedy, although the consumer and user shall remain liable for any damages actually caused by the delay in communication.
Unless proven otherwise, it shall be presumed that the consumer’s or user’s communication was made within the established period.
Article 124. Action against the producer.
When it is impossible or excessively burdensome for the consumer and user to take action against the seller for the lack of conformity of the products with the contract, they may claim directly against the producer in order to obtain the repair or replacement of the product.
In general, and without prejudice to the producer’s liability ceasing, for the purposes of this title, under the same terms and conditions as those established for the seller, the producer shall be liable for the lack of conformity when this relates to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the applicable regulations.
Whoever has responded to the consumer and user shall have a period of one year to claim against the party responsible for the lack of conformity. This period shall be calculated from the moment the remedy was completed.

This title shall apply to contracts for the sale of products and contracts for the supply of products to be produced or manufactured.

The provisions of this title shall not apply to products acquired through judicial sale, to water or gas when not packaged for sale in a defined volume or specific quantities, and to electricity.Neither shall it apply to second-hand products purchased at an administrative auction that consumers and users may personally attend.
Article 116. Conformity of the products with the contract.

Unless proven otherwise, it shall be understood that the products are in conformity with the contract provided that they meet all the following requirements, unless the circumstances of the case make any of them inapplicable:
a) They match the description provided by the seller and possess the qualities of the product that the seller has presented to the consumer and user in a sample or model.
b) They are suitable for the uses to which products of the same type are ordinarily intended.
c) They are suitable for any special use required by the consumer and user, where such use has been made known to the seller at the time of the conclusion of the contract, provided that the seller has acknowledged that the product is suitable for such use.
d) They present the usual quality and performance that are customary in a product of the same type and that the consumer and user can reasonably expect, taking into account the nature of the product and, where applicable, any public statements made about the specific characteristics of the products by the seller, the producer, or their representative, particularly in advertising or labeling. The seller shall not be bound by such public statements if they can prove that they were unaware, and could not reasonably have been expected to be aware, of the statement in question, that such statement had been corrected at the time the contract was concluded, or that the statement could not have influenced the decision to purchase the product.

The lack of conformity resulting from an incorrect installation of the product shall be treated as a lack of conformity of the product when the installation is included in the sales or supply contract regulated in Article 115.1 and has been carried out by the seller or under their responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.

There shall be no liability for any lack of conformity that the consumer and user were aware of, or could not reasonably have been unaware of at the time the contract was concluded, or that originates in materials supplied by the consumer and user.
Article 117. Incompatibility of actions.
The exercise of the actions provided in this title shall be incompatible with the exercise of actions arising from remedies for hidden defects in the sale.
In any case, the consumer and user shall be entitled, in accordance with civil and commercial legislation, to be compensated for damages arising from the lack of conformity.
Article 118. Seller’s liability and consumer and user rights.
The consumer and user shall have the right to the repair of the product, its replacement, a price reduction or the termination of the contract, in accordance with the provisions of this title.
Article 119. Repair and replacement of the product.

If the product does not conform to the contract, the consumer and user may choose between requiring the repair or the replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user communicates to the seller the chosen option,both parties must adhere to it. This decision by the consumer and user shall be without prejudice to the provisions of the following article in cases where repair or replacement fails to bring the product into conformity with the contract.

A form of remedy shall be considered disproportionate if, in comparison with the other, it imposes costs on the seller that are not reasonable, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative form of remedy could be carried out without major inconvenience to the consumer and user.
To determine whether the costs are unreasonable, the expenses corresponding to one form of remedy must also be considerably higher than the expenses corresponding to the other form of remedy.
Article 120. Legal regime for the repair or replacement of the product.
Repair and replacement shall be adjusted to the following rules:
a) They willl be free of charge for the consumer and user. Such free-of-charge status shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, particularly shipping costs as well as costs related to labor and materials.
b) They shall be carried out within a reasonable period and without significant inconvenience to the consumer and user, taking into account the nature of the products and the purpose they serve for the consumer and user.
c) The repair shall suspend the calculation of the time periods referred to in article 123. The suspension period shall begin when the consumer and user makes the product available to the seller and shall end with the delivery of the repaired product to the consumer and user. During the six months following the delivery of the repaired product, the seller shall be liable for the lack of conformity that led to the repair, it being presumed that it is the same lack of conformity when defects of the same origin as those initially manifested reappear in the product.
d) If, once the repair has been completed and the product delivered, it still does not conform to the contract, the consumer and user may demand the replacement of the product, unless such option is disproportionate, a price reduction or the termination of the contract under the terms set forth in this chapter.
e) Replacement suspends the time limits referred to in article 123 from the moment the option is exercised by the consumer and user until the delivery of the new product. In any case, the second paragraph of article 123.1 shall apply to the replaced product.
f) If replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless such option is disproportionate, a price reduction or the termination of the contract under the terms set forth in this chapter.
g) The consumer and user will not demand the replacement in the case of non-fungible products, nor when dealing with second-hand products.
Article 121. Price reduction and termination of the contract.
The price reduction and termination of the contract shall be available at the choice of the consumer and user, when they are unable to demand repair or replacement, and in cases where such have not been carried out within a reasonable period or without significant inconvenience to the consumer and user. Termination shall not proceed when the lack of conformity is of minor importance.
NOTE according to art. 108.2: The USER is informed that they will only be responsible for the diminished value of the goods resulting from handling them in a way other than what is necessary to establish their nature, characteristics or functioning. Under no circumstances shall the USER be liable for any diminished value of the goods if the business has not informed them of their right of withdrawal in accordance with article 97.1.i).
Article 122. Criteria for the price reduction.
The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery, had it been in conformity with the contract, and the value that the product actually delivered had at the time of such delivery.
Article 123. Time Limits.

The seller is liable for any lack of conformity that becomes apparent within a period of two years from the delivery. In the case of second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from the delivery.
Unless proven otherwise, it shall be presumed that any lack of conformity that becomes apparent within six months following the delivery of the product, whether it is new or second-hand, already existed at the time of the delivery, except when this presumption is incompatible with the nature of the product or the type of lack of conformity.

Unless proven otherwise, the delivery is understood to have been made on the day that appears on the invoice or purchase receipt, or on the corresponding delivery note if this is later.

The seller is obliged to provide the consumer or user exercising their right to repair or replacement with documentary evidence of the product delivery, indicating the date of delivery and the lack of conformity that gives rise to the exercise of the right.
Likewise, along with the repaired or replaced product, the seller shall provide the consumer or user with documentary evidence of the delivery, stating the date thereof and, where applicable, the repair performed.

16. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed or interpreted in accordance with the Spanish legislation in all matters not expressly provided for herein. The PROVIDER and the USER agree to submit any dispute that may arise in relation to the provision of the products or services covered by these Terms and Conditions to the courts and tribunals of the USER’s residence.


In the case that the USER’s residence is outside Spain, the PROVIDER and the USER expressly waive any other jurisdiction and agree to submit to the Dispute Resolution Body, which shall act as an intermediary between the parties in accordance with Article 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts. For more information, please refer to Clause “6. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Terms and Conditions.

Legal Notice written and prepared by PROTECTION REPORT S.L., a data protection company, which reserves the right to take appropriate legal action against anyone who copies and illegitimately uses the content.