Terms and conditions

GENERAL TERMS AND CONDITIONS

These General Terms and Conditions (hereinafter, the "Conditions") govern the contractual relationship between Marc Segarra Torres, with NIF/CIF 77616195G, registered office at Carrer Princesa 53, 2-3A 08003 Barcelona and contact email address hello[at]marcsegarra[dot]com (hereinafter, “The Vendor”), and the user (hereinafter, the “Customer”) who purchases the digital content offered through this website (hereinafter, the “Website”).

By completing the purchase process and ticking the acceptance box for these Conditions, the Customer declares to be of legal age, to have sufficient legal capacity to contract, and to have read, understood, and unreservedly accepted these Conditions.

These Conditions have been drafted in accordance with the current legislation in Spain, in particular Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE), and 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 (TRLGDCU).

Object of the contract

The object of this contract is the sale and supply of digital content not supplied on a tangible medium (hereinafter, the "Digital Content"), offered on the Website.

Each Digital Content is presented on the Website accompanied by a descriptive sheet detailing its main features, format, content, and, where applicable, the technical requirements necessary for its correct viewing and use. The Customer undertakes to review this information before making the purchase.

Contracting Process

The procedure for the acquisition of Digital Content through the Website is as follows:

  1. The Customer will select the Digital Content they wish to purchase, adding it to the shopping basket.
  2. Once the selection is complete, the Customer will access the summary of their basket, where they can verify the details of their order (products, quantity, and price) and correct any errors.
  3. To continue, they must fill in a form with their personal and invoicing details.
  4. Before finalising the process, the Customer must explicitly tick a checkbox to accept these Terms and Conditions and the Website's Privacy Policy.
  5. The Customer will then select one of the payment methods offered and will be redirected to the corresponding secure payment gateway to enter the necessary details. The Customer guarantees that they are authorised to use the chosen payment method.
  6. Once The Vendor receives confirmation of payment, they will send the Customer an email confirmation of the purchase within a maximum period of 24 hours, which will include a summary of the order and confirmation that the contract has been perfected.
  7. The contract shall be deemed perfected at the moment The Vendor receives effective payment of the price.

The Vendor will file the electronic document in which the contract is formalised, and it will be accessible to the Customer upon request. The contract may be formalised in Spanish and Catalan. The language of formalisation of the contract will be the one the Customer used to carry out the purchase process on the Website.

Price and Taxes

The prices of the Digital Content are those listed on the Website at the time of placing the order. All prices are shown in Euros (€) and include the applicable Value Added Tax (VAT) and any other applicable tax, which will be duly itemised in the final purchase summary before payment is made.

The Vendor reserves the right to modify prices at any time, although such modifications will not affect orders already confirmed.

Supply of Digital Content

The supply of the Digital Content will be made without undue delay once the correct receipt of payment has been verified.

The Vendor will fulfil its supply obligation at the moment it:

  1. Makes the Digital Content available to the Customer or provides a suitable means to access or download it (for example, through a download link sent to the email address provided by the Customer or by means of access to a private user area on the Website).
  2. The Digital Content is accessible to the Customer or to the virtual installation they have chosen for this purpose.

The Customer is responsible for having the necessary technical means and internet connection for the correct download and/or access to the Digital Content.

Right of Withdrawal

In accordance with current legislation, the Customer, in their capacity as a consumer and user, has a right of withdrawal that can be exercised within a period of 14 calendar days from the conclusion of the contract.

However, in accordance with section m) of Article 103 of the TRLGDCU, the right of withdrawal shall not apply to the supply of digital content not supplied on a tangible medium where the performance has already begun.

Once the Digital Content has been supplied by sending the access or download links, or by enabling access in the customer area, performance shall be deemed to have begun and, therefore, the Customer will have lost their right of withdrawal.

Intellectual and Industrial Property and Licence of Use

All Digital Content covered by this contract, as well as the texts, images, trademarks, logos, structure, design, and any other element that makes up the Website, are protected by intellectual and industrial property rights owned by The Vendor or by third parties who have authorised their use.

With the purchase of Digital Content, The Vendor grants the Customer a personal, non-transferable, and non-exclusive licence of use to utilise said content in accordance with the provisions of this contract. This licence is limited to the Customer's internal use and does not confer any right of exploitation, distribution, assignment, or sub-licence over it.

By virtue of this licence, the following are expressly prohibited and shall constitute an infringement of intellectual property rights:

  1. The reproduction, copying, distribution, public communication, transformation, or total or partial modification of the Digital Content.
  2. The assignment, sale, rental, sub-licence, or any other form of transmission of the Digital Content or the access rights to third parties.
  3. The removal or alteration of any copyright notice, trade mark, or other proprietary rights notices.

Non-compliance with this clause shall entitle The Vendor to immediately revoke the licence of use, notwithstanding the corresponding civil and criminal actions to claim for damages caused.

Guarantee and Conformity

In accordance with Article 120 of the TRLGDCU, The Vendor shall be liable for any lack of conformity that exists at the time of the supply of the Digital Content and which becomes apparent within a period of two years from said supply.

Digital Content shall be deemed to be in conformity with the contract provided that it meets the subjective and objective requirements established by law, including conforming to the description made by The Vendor, being fit for the purposes for which content of the same type is normally intended, and possessing the functionality, compatibility, and interoperability that can reasonably be expected.

The Customer must cooperate with The Vendor to determine whether the lack of conformity originates from the Customer's digital environment. If the Customer refuses to do so after having been clearly informed, the burden of proof regarding the lack of conformity shall fall on the Customer, in accordance with the provisions of Article 121 of the TRLGDCU.

Customer Obligations

The Customer undertakes to:

  1. Pay the price of the Digital Content in the agreed time and manner.
  2. Provide true and up-to-date information in the registration and purchase forms.
  3. Make diligent and lawful use of the Digital Content, respecting the licence of use and intellectual property rights.
  4. Not use the Website to carry out activities contrary to the law, morality, or public order.

Liability

The Vendor will use all means at its disposal to ensure the correct functioning of the Website and access to the Digital Content. However, it will not be liable for interruptions or access failures due to force majeure or circumstances beyond its control, such as network outages, failures in the Customer's equipment, or computer attacks.

The Vendor's liability shall in any case be limited to the amount of the price of the Digital Content purchased by the Customer.

Personal Data Protection

Personal data provided by the Customer during the contracting process will be processed by The Vendor as the Data Controller, in accordance with the provisions of Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD). The purpose of the processing is the management of the contractual relationship, invoicing, and the sending of the Digital Content.

The Customer can find detailed information on the processing of their data and on how to exercise their rights in the Website's Privacy Policy, which they must accept before finalising the purchase.

Partial Nullity

If any of the clauses in these Conditions were to be declared null or ineffective by a final judicial resolution, said nullity shall not affect the rest of the clauses, which shall remain in full force and effect.

Applicable Law and Jurisdiction

These Conditions and any contract derived therefrom shall be governed by and interpreted in accordance with Spanish law.

For any controversy that may arise from the interpretation or execution of these Conditions, the parties submit to the Courts and Tribunals of the Customer's domicile, provided that the Customer qualifies as a consumer and user. Otherwise, the parties shall submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of the Vendor's domicile.