Terms and Conditions

Introduction

This contractual document will govern the General Conditions for contracting products (hereinafter, “Conditions”) through the website latamdigitalbridge.com, owned by Latam Digital Bridge, S.L. under the trademark Latam Digital Bridge, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website. These Conditions will remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by Martin de Nova Capital, S.L. It is the responsibility of the USER to read them periodically, as those in force at the time of placing an order will be applicable. Latam Digital Bridge, S.L. will file the electronic document where the purchase is formalised and will keep it at the USER’s disposal in case he/she requests it. Contracts will not be subject to any formality with the exception of 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:

– Has read, understands and comprehends what is set out herein.

– Is a person with sufficient capacity to contract.

– Assumes all the obligations set forth herein.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is Latam Digital Bridge, S.L., with registered office at C/ Marqués de Larios 4, 29005, Málaga, CIF: B09883299 and with customer service telephone number +34 600 885 666. On the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER. Purpose of the contract The purpose of this contract is to regulate the contractual sales relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process. The contractual purchase-sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product. Rectification of data When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify this to info@latamdigitalbridge.com so that Latam Digital Bridge, S.L. can correct them as soon as possible. The USER may keep his/her data updated by accessing his/her user account.

Online Dispute Resolution Pursuant to 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 the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/ FORCE MAJEURE The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure event has ceased. COMPETITION The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale. Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way. The USER declares that he/she has read, knows and accepts these Conditions in their entirety.

GENERAL CONDITIONS OF THE OFFER

All sales and deliveries made by the PROVIDER shall be understood to be subject to the present Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of Latam Digital Bridge, S.L. or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements shall prevail.

PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the product purchased. The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time. Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed. Once the order has been placed, prices will be maintained whether or not products are available. Any payment made to the PROVIDER will result in the issuing of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent in paper format together with the purchased product. It will be possible to download the invoice in PDF format by accessing the web management panel with the user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time. For any information about the order, the USER may contact the PROVIDER’s customer service telephone number +34 600 885 666 or via e-mail at info@latamdigitalbridge.com.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.

DISCLAIMER AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the 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, where the USER fails to comply with the obligations set out in this contract or any applicable law, licence, regulation, directive, code of practice or policy. When the PROVIDER 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 remedy that may be available to the PROVIDER.

The guarantee of the products offered will respond to the following articles based on the Royal Legislative Decree 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:

Article 114.

The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, being liable to the consumer and user for any lack of conformity that exists at the time of delivery of the product.

Article 115.

Scope of application. 1. Contracts for the sale and purchase of products and contracts for the supply of products to be produced or manufactured are included within the scope of application of this Title. 2. The provisions of this Title shall not apply to products purchased by judicial sale, to water or gas, where they are not packaged for sale in limited volume or set quantities, and to electricity. Nor shall it apply to second-hand products purchased at administrative auctions which consumers and users may attend in person.

Article 116.

Conformity of products with the contract. 1. In the absence of proof to the contrary, the products shall be deemed to be in conformity with the contract provided that they meet all the following requirements, unless the circumstances of the case make any of them inapplicable:

1. a) They conform to the description given by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
2. b) They are suitable for the uses to which products of the same type are ordinarily intended. 
3. c) are fit for any particular use required by the consumer and user where he has made this known to the seller at the time of conclusion of the contract, provided that the seller has accepted that the product is fit for such use; 
4. d) are of the quality and performance which are normal for a product of the same type and which the consumer and user may reasonably expect, having regard to the nature of the product and, where appropriate, to any public statements on the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or on labelling.

The seller shall not be bound by such public statements if he proves that he was unaware of the statement in question and could not reasonably be expected to have been aware of it, that the statement had been corrected at the time of conclusion of the contract or that the statement could not have influenced the decision to purchase the product. 2. Lack of conformity resulting from improper installation of the product is equivalent to lack of conformity of the product where the installation is included in the contract of sale or supply referred to in section 115 (1) and has been carried out by or under the responsibility of the seller or by the consumer and user where the faulty installation is due to an error in the installation instructions. 3. There shall be no liability for lack of conformity which the consumer and user knew or could not reasonably have been unaware of at the time of the conclusion of the contract or which have their origin in materials supplied by the consumer and user.

Article 117.

Incompatibility of actions. The exercise of the actions contemplated in this Title shall be incompatible with the exercise of the actions derived from the remedy for hidden defects in the sale and purchase. In any case, the consumer and user shall have the right, in accordance with civil and commercial legislation, to be compensated for the damages arising from the lack of conformity.

Article 118.

Liability of the seller and rights of the consumer and user. The consumer and user has the right to repair the product, to its replacement, to a price reduction or to the termination of the contract, in accordance with the provisions of this title.

Article 119.

Repair and replacement of the product. 1. If the product is not in conformity with the contract, the consumer and user may choose between demanding the repair or replacement of the product, unless one of these two options proves to be objectively impossible or disproportionate. As soon as the consumer and user informs the seller of the option chosen, both parties must abide by it. This decision of the consumer and user is without prejudice to the provisions of the following article for cases where repair or replacement fails to bring the product into conformity with the contract. 2. A remedy which imposes unreasonable costs on the seller in comparison with the alternative remedy shall be regarded as disproportionate, taking into account the value of the product in the absence of lack of conformity, the significance of the lack of conformity and whether the alternative remedy could be provided without major inconvenience to the consumer and user. In order to determine whether the costs are unreasonable, the costs for one form of remedy must also be considerably higher than the costs for the other form of remedy.

Article 120.

Legal regime for the repair or replacement of the product. Repair and replacement shall be subject to the following rules:

1. a) They shall be free of charge for the consumer and user. This free of charge shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labour and materials.
2. b) They shall be carried out within a reasonable time and without major inconvenience to the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.
3. c) The repair suspends the calculation of the periods referred to in Article 123. The period of suspension 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 delivery of the repaired product, the seller shall be liable for the lack of conformity that gave rise to the repair, it being presumed that it is the same lack of conformity when defects of the same origin as those initially stated are reproduced in the product.
4. d) If, once the repair has been completed and the product delivered, it is still not in conformity with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided in this chapter.
5. e) The replacement suspends the periods referred to in Article 123 from the exercise of the option by the consumer and user until the delivery of the new product.
6. f) If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the price reduction or the termination of the contract under the terms provided for in this Chapter.
7. g) The consumer and user may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.

Article 121.

Price reduction and termination of the contract. The price reduction and the rescission of the contract will proceed, at the choice of the consumer and user, when the latter could not demand the repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconvenience to the consumer and user. The termination shall not apply when the lack of conformity is of minor importance. NOTE according to art. 108.2: The USER is informed that he shall only be liable for the diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics or functioning. Under no circumstances shall the USER be liable for the diminished value of the goods if the entrepreneur has not informed him of his right of withdrawal in accordance with Article 97.1.i).

Article 122.

Criteria for price reduction. The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually delivered had at the time of delivery.

Article 123.

Time limits.

1. The seller is liable for any lack of conformity that becomes apparent within two years of 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 delivery. In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within six months of delivery of the product, whether new or second-hand, already existed when the thing was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. In the absence of proof to the contrary, delivery is deemed to have taken place on the day shown on the invoice or sales receipt, or on the corresponding delivery note if this is later.
3. The seller is obliged to provide the consumer or user who exercises his right to repair or replacement with documentary evidence of the delivery of the product, stating the date of delivery and the lack of conformity giving rise to the exercise of the right. Likewise, together with the repaired or replaced product, the seller shall provide the consumer or user with documentary proof of delivery, stating the date of delivery and, where appropriate, the repair carried out.
4. The action to claim compliance with the provisions of Chapter II of this Title shall be time-barred three years after delivery of the product.
5. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this time limit shall not entail the loss of the corresponding right to remedy, the consumer and user being liable, however, for the damage or loss actually caused by the delay in communication. In the absence of proof to the contrary, it shall be understood that the consumer and user’s communication has taken place within the established period.

Article 124.

Action against the producer. When it is impossible for the consumer and user or it would be an excessive burden for him to take action against the seller for the lack of conformity of the products with the contract, he may claim directly against the producer in order to obtain the replacement or repair of the product. In general, and without prejudice to the fact that the liability of the producer shall cease, for the purposes of this Title, in 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 rules that regulate them. The party liable to the consumer and user shall have a period of one year to take action against the party responsible for the lack of conformity. This period shall be calculated from the time when the remedy was completed.

APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly established. Any dispute that may arise from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of the USER’S domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.