Terms of service
GENERAL PURCHASING CONDITIONS – TERMS OF SERVICE
In this General Purchasing Conditions we will refer to the services that you can hire at www.negotyum.com.
The main activity of www.negotyum.com is to analyze and evaluate the risk, quality, and financial viability of any online business idea. The users of www.negotyum.com can choose to make basic use of this service for free or access to the full use and content by paying, through the different price plans available on this web.
1. PARTIES AND ACCEPTANCE OF THE GENERAL PURCHASING CONDITIONS:
On the one hand, the provider of the services, Ander Lujambio Markuerkiaga (hereinafter, also the Provider), with Tax Identification Number ES72505963G and domiciled at Paseo de Miramón, 170, 3º, 20014 Donostia-San Sebastián (Spain) and e-mail Customer Service info@negotyum.com, being the owner of the website www.negotyum.com, exposes the contractual document that will govern the purchasing of services through the website reviewed.
And on the other hand, the User (hereinafter the User), who is registered on the website by means of both a username and password, with full responsibility for their use and custody, being accountable for the veracity of the personal data submitted to the Provider.
The parties BOTH ACCEPT this document, with the following implications whereas the User:
a. Has read, understood, and agreed with this text.
b. Declares being a person of legal age and with sufficient capacity to enter into agreements and be bound to the conditions herein inserted.
c. Assumes all the obligations set forth herein.
d. Has read and accepted these General Purchasing Conditions (GPC) from the moment they purchase any of the services that are offered.
This document can be printed and stored by the Users.
In case the Users have any questions regarding these conditions, they can contact the Provider through the e-mail address info@negotyum.com.
The present conditions will have an indefinite period of validity and will be applicable to all the agreements made through the website of the Provider. The Provider, with the objective of improving the services offered, reserves the right to unilaterally modify these General Purchasing Conditions, without it affecting the services or special offers that were acquired prior to the modification. In any case, these general conditions must be reviewed prior to purchasing the services. It is advisable that you keep a copy of the data included within the purchased services.
Ander Lujambio Markuerkiaga is not responsible for any loss of data, files, or any damage that may result from the User’s failure to back up the data included in the purchased services.
Ander Lujambio Markuerkiaga is not responsible for the consequences that may result from improper use of the services that are available on the web.
Both parties understand that due to the nature of the services that are the object of the current contract, Ander Lujambio Markuerkiaga offers a service that constitutes an obligation to do an activity and not a result. Therefore, the Provider's obligation will be understood to be fulfilled by the mere performance of the same. The User understands that there are many variables and other external parameters that may affect the financial viability and the quality of the project idea, unrelated to the Provider. For this reason, the Provider undertakes to diligently comply with its obligation, which tends to achieve the expected result (in this case, knowing the viability of the User's project), but cannot guarantee or promise said result since it also depends on factors that are out of the Provider control.
2. OBJECT OF THE CONTRACT
2.1. Scope of application
The purpose of this contract is to regulate the contractual purchase-sale relationship between the Provider and the User, which begins now the User accepts by checking the corresponding box during the online purchasing process, implying their acknowledgement and agreement to these purchasing conditions. These GPC will apply from the day the order is placed.
The contractual purchase-sale relationship includes the delivery of a specific service, in exchange for a specific price that is publicly exposed through the website.
2.2. Territory of application
The online store www.negotyum.com offers their services all over the world.
2.3. Legal capacity
To be able to place an order, you must have the legal age and legal capacity to contract the services of the Provider.
2.4. Consent of the client
The validation of an order through the web www.negotyum.com is executed by email, which also implies the automatic acceptance of the GPC. These conditions are available on the website www.negotyum.com or, if desired and requested, can be made available to you by email.
2.5. Modification of the General Purchasing Conditions
Ander Lujambio Markuerkiaga reserves the right to make changes and / or modifications to these GPC. We advise our clients to check and review them regularly. If these changes or modifications were introduced after an order was placed, the conditions that will apply will be those of the date on which the order was placed.
3. INFORMATION PROVIDED ON THE WEBSITE
3.1. Publication of prices
Exceptionally, the prices of the services shown on our website may contain errors and show a lower price than the actual corresponding price. In such event, and if we have already confirmed your order, we will contact you immediately to issue a new order confirmation that includes the correct price. In case the current corresponding price is higher, you may cancel your order and we will reimburse you for any amount that you have already paid.
3.2. Services information
The information that appears in our advertising, on our website or that provided by our agents or employees constitutes an invitation for you to make a purchase. Such information does not constitute a contract or proof of purchase.
The contents of www.negotyum.com are constantly renewed and updated in order to offer our clients the most complete and detailed information of our services. As a result, it is possible that the contents may show, on exceptional occasions, provisional information in relation to some of the services. In case the information provided does not correspond to the characteristics of the service, the client will have the right to cancel the purchase without any cost on their behalf.
All contractual information on the website is displayed in English and the communication with customers and Users as well as the formalization of the contract, will be carried out in English.
3.3. Right of cancellation
Ander Lujambio Markuerkiaga reserves this action (right of cancellation) of the purchasing of a specific service that does not meet the quality requirements imposed on all services at www.negotyum.com. In case this lack of quality is detected, Ander Lujambio Markuerkiaga Customer Service will suggest a replacement service and, if the replacement is not to the customer's liking, the cost of said service will be reimbursed.
3.4. Orders 24 hours a day, every day of the year
The available admission hours for orders are twenty-four (24) hours, three hundred and sixty-five (365) days of the year.
3.5. Fraud
If any anomaly or fraud is suspected and detected, Ander Lujambio Markuerkiaga reserves the right to cancel the transaction for security reasons.
4. Purchase procedure
To have access to the services offered by the Provider, the User must register through the website by creating a User account. To do this, the User must freely and voluntarily provide the required personal data, which will be processed in accordance with the provisions of current regulations on personal data protection, Regulation (EU) 2016/679 of April 27, 2016 (GDPR), the Organic Law 3/2018 of December 5 (LOPDGDD) and other legal regulations in force on the protection of personal data, which are further detailed in the Legal Notice and Privacy Policy of this website.
In any case, the Platform will inform the User, once the purchasing procedure is finished by means of an e-mail, which includes all the characteristics, price and availability of the service.
If there is any type of mistake in any data of the order, you must immediately notify such mistake to the Customer Service through the e-mail address info@negotyum.com to proceed to its correction.
If you have any questions, you may contact our Customer Service through any of the methods provided on the website www.negotyum.com. Ander Lujambio Markuerkiaga will provide Customer Service in a FREE manner, through our contact email info@negotyum.com. If you choose an alternative method of communication, the User is responsible for bearing all costs pertaining to such chosen method.
5. PRICES AND VALIDITY PERIOD OF THE OFFERS
All prices displayed in www.negotyum.com include the VAT* in force at the time of purchase. All the prices that appear on the website are valid, except those with typographical errors or related to services no longer in stock, and in any case, they will be expressed in Euro currency (€). Said expenses, unless expressly indicated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and attachments to the service purchased.
*(VALUE ON ADDED TAX: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the services or services shall be understood to be located in the territory of application of the Spanish VAT, if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be always the legally valid one, pertaining to the specific article in question. For orders destined to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT, in compliance of the provisions set forth in Article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with the regulations in force in each of these territories.)
The payment made to the Provider will entail the issuance of a purchase receipt. If you want an invoice in the name of the registered User of the purchase, you can request it from info@negotyum.com.
The prices that applicable to each service will be those published on the website, and they are automatically applied by the purchasing process in its last phase. The client accepts and acknowledges that, in any case, the economic valuation of some of the services may vary in real time. In any case, such situations will always be previously communicated to the Users.
For the promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered and concluded during the established promotion period.
The data recorded by the different payment methods constitute a proof of the date on which the financial transactions were carried out and will serve to determine if said order is or is not subject to promotion.
For any information about the order, the User can contact through the Customer service phone of the PROVIDER or via email to the address provided.
6. PAYMENT METHODS
Below we detail the available payment systems:
6.1. Payment by credit or debit card
If you choose this form of payment, you can pay with a charge to any of your credit cards. The system called SSL (Secure Sockets Layer) is used, a payment system in a secure environment since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality. Stripe has its own privacy policies and Ander Lujambio Markuerkiaga has no responsibility for them.
7. RIGHT OF WITHDRAWAL
7.1. Right of withdrawal
As it is a provision of services, the User understands that once the provision of the service has begun, there will be no right of withdrawal in accordance with article 103.a of RDL 1/2007 of 16 November which establishes that the provision of services, once the service has been fully executed, and if the contract imposes a payment obligation on the consumer or User, when the execution has begun, with the prior express consent of the consumer or User and with the knowledge on his part that, once the entrepreneur has fully executed the contract, he will have lost his right of withdrawal.
7.2. Return of defective service
The User must inform Ander Lujambio Markuerkiaga of the lack of conformity with the service within the period provided for in article 120 RD 1/2007, of November 16, depending on the type of service:
- If it is a material good, the User must inform Ander Lujambio Markuerkiaga within a period of 3 years, counting from delivery.
- If it is a question of a supply of digital content or services in a single act or in a series of individual acts, the User must inform Ander Lujambio Markuerkiaga within a period of 2 years, counting from the delivery.
- In the case of services or goods with digital elements, the User may inform Ander Lujambio Markuerkiaga throughout the duration of the supply and, in the case of a continuous supply of less than 3 years, the User may inform in within 3 years, counting from delivery.
If the service is defective in origin, within the periods indicated above, the User must send an email to info@negotyum.com indicating the order number in the email subject, explaining the reason for requesting the return and attaching photo/s that show the defect that motivates it.
Our Customer Service will contact you by email or phone call, indicating how to proceed.
7.3. Return by mistake in the order by the Provider
When the service does not correspond to that of the order, due to some error attributable to the company, the User must notify the company by email as soon as possible.
8. REIMBURSEMENTS
8.1. Refund for return
For any case of return, the refund of the amounts paid will be made through the same means of payment that was used in the purchase.
8.2. Refund term
In case of reimbursement, it will be made within 14 days, counting from the time you have the right to it, according to current regulations. The maximum term to make the payment of this refund is 14 days.
In order to proceed with the refund, you must give us the following information:
- return number
- invoice and / or order number
- your account details to proceed with the return
9. Applicable warranties and after-service
9.1. Warranty
Unless proven otherwise, it will be understood that the services are in accordance with the contract if they meet all the requirements expressed below, unless due to the circumstances of the case, any of them is not applicable:
a) They conform to the description made by Ander Lujambio Markuerkiaga.
b) Are suitable for the uses to which services of the same type are ordinarily intended.
c) They are suitable for any special use required by the client when they have informed Ander Lujambio Markuerkiaga at the time of the contract and provided that Ander Lujambio Markuerkiaga has admitted that the service is suitable for this use.
d) Present the usual quality and performance of a service of the same type that the customer can reasonably expect, considering its nature and, where appropriate, the descriptions of the specific characteristics of the services published on www.negotyum.com.
9.2. Defective services
In the event of a defective service, Ander Lujambio Markuerkiaga will proceed to give a solution to the User, if the reason that the service is defective is attributable to the Provider. In that case, the management of it will be free for the User. Ander Lujambio Markuerkiaga is responsible for the lack of conformity communicated within the period provided by article 120 RD 1/2007, of November 16, for the type of service concerned.
9.3. Cases of cancellation of the guarantee
The guarantee does not apply in the following cases:
- Deterioration created by adaptations, adjustments or modifications made to a service without written agreement with the manufacturer.
- Deterioration created by improper use of the service, inappropriate use, not respecting the instructions for its use and maintenance.
- Damages generated by unaccredited persons or by the User.
- Use of the Service outside the family and private framework, for example, on loan or resale.
10. Null and void clauses
If any clause included in these GPC is declared, either totally or partially, as null or void, such nullity or voidness will only affect that sole provision or the part of it that is null or void, implying that the remaining General Conditions will subsist, having said provision, or the affected part of the same, considered as being excluded.
11. Applicable law and jurisdiction
These GPC will be governed or interpreted in accordance with Spanish legislation in those matters that are not expressly established. In reference to the services and services that are subject to these Conditions, the Provider and the User agree to submit any dispute that may arise in such matters, to the Courts pertaining to the domicile of the Provider (if it is a legal entity) or the User (if it is a natural person).
If the User has its domicile outside of Spain, the Provider and the User, expressly waive any other jurisdiction, submitting to the Courts of Donostia-San Sebastián (Spain).
12. Comments and suggestions
Your comments and suggestions will be welcomed. Please send us such comments and suggestions to info@negotyum.com or through our contact form.
In addition, we have official complaint forms available to consumers and Users. You can request them by email at info@negotyum.com.