General Conditions of Use and Purchase
1. Parts
On the one hand, IKIGAI KOMOREBI FOR BUSINESS SL with CIF B87666145, fiscal domicile at C / Los Madroños 16 - 28140 MADRID and registered in the Mercantile Registry 1/2016 / 127,256.0 Journal 73 - Seat 209 - Volume 35239 -Folio 34-insc 1-sheet M633606 (hereinafter, "Ikigai"), owner of the platform https://www.abcertificated.com (hereinafter, the "Website"), and of another, the buyer, understood as any Registered User according to the provisions of the Conditions of Use, of legal age and with the necessary legal capacity and to act, to complete the steps established on the Website aimed at acquiring items for use of technological services offered by it (hereinafter, the “ Buyer").
2. Purpose
The purpose of these General Purchase Conditions is to regulate the acquisition of products for the use of technological services through the Website by the Buyer, in exchange for an economic consideration that corresponds to the provisions herein.
3. Use of the Website
By using this website and placing orders through it, the Buyer agrees to:
Make use of the Website only to make legally valid inquiries or orders.
Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been placed, Ikigai reserves the right to cancel it and inform the relevant authorities.
Provide us with your email address, postal address and / or other contact details truthfully and accurately. Likewise, the Buyer consents that we may use said information to contact him if necessary (see our Privacy and Cookies Policy). If the Buyer does not provide us with all the information we need, we will not be able to place the order. By placing an order through the Website, the Buyer declares to be over 18 years of age and have the legal capacity to enter into contracts.
4. Products
1. Product Offer
The Website offers information about all the services for sale, characteristics and prices. However, Ikigai reserves the right to withdraw, replace or change without prior notice and at any time the products offered to its customers through the Website. The services offered at all times by the Website will be governed by the general conditions in force at all times.
2. Availability
The availability of our services may vary depending on customer demand and the estimated activation times reported. If so, Ikigai will contact the Buyer as soon as possible informing about the impossibility of activating the purchased service, offering the following options:
I. The possibility of acquiring another service by paying the corresponding price difference, if any.
II. If the purchased service can be activated from Ikigai within a reasonable period of time, the Buyer will be informed of the estimated period in which it can be used, in case they wish to wait for the service to return to stock. If you choose that option, the service will be activated to the Buyer as soon as it is available again.
III. The Buyer may also cancel the order with the refund of the amounts paid for said purchase.
5. Purchase process
The purchase process is simple and can be done through the Website.
To buy through the Website, any Registered User must browse the Website's service catalog and add those that are of interest to the shopping cart. It is not possible to complete the purchase without being identified as a Registered User on the Website, for which you must have expressly accepted these Conditions, the General Conditions of Use and the Privacy and Cookies Policy in advance.
Therefore, to make a purchase on the Website, the Registered User, after choosing the services they wish to purchase, must:
to. Click on the shopping cart, in such a way that you will be redirected to the purchase screen. In it, you must fill in all the information required in the form and click on "Buy Now", after accepting these General Conditions of Purchase, the General Conditions of Use and the Privacy and Cookies Policy. If the Registered User wishes to modify the order, he can do so, adding or eliminating products.
b. In this purchase screen, the Registered User must also select the chosen payment method. Currently, the means of payment available are the following:
i. Debit or credit card: payments with 4b, Mastercard and Visa cards are accepted. In this case we will need the Buyer to provide us with information regarding his card for the sole purpose of processing the payment.
ii. Paypal: for more information visit Paypal.com. [ https://www.paypal.com/es/home ]
c. Once this is done, the Registered User must, after reviewing their order and depending on the selected payment method, proceed to payment and, with this, confirm their willingness to acquire and formalize the sale.
d. Ikigai will confirm to the Buyer having received their willingness to purchase the services and will also confirm the payment, if it has been made correctly. In addition, the order confirmation with the corresponding invoice will be sent to you by email. By accepting these General Purchase Conditions, it is understood that the Buyer has consented to the sending of an electronic invoice. You can object to it at any time by writing to marketing@absign.es
6. Preparation of the order
In general, once the order has been received in our system, Ikigai will proceed to prepare it for activation. This preparation of the order will be carried out within three days of the day on which the order was placed. Keep in mind that for the computation of this period, Saturdays, Sundays and public holidays in Madrid are excluded.
Once Ikigai has prepared the order, an e-mail will be sent to the Buyer.
Notwithstanding the foregoing, and in exceptional circumstances (high number of orders, vacation periods, etc.), Ikigai reserves the right to delay in the preparation of orders. In these cases, the Registered User and potential Buyer will be duly informed before making their purchase through notices on the Website.
7. Delivery of the order - Activation of the service
Once the order is prepared, Ikigai will proceed to activate the order service at the email address indicated by the Buyer during the purchase process and with the user data provided in the user registration. Please note that for the computation of the aforementioned period from 24 to 72 hours, Saturdays, Sundays and public holidays in Madrid are excluded. However, in exceptional cases of force majeure or in periods of high number of orders, Ikigai reserves the right to extend delivery times. In these cases, the Registered User and potential Buyer will be duly informed before making their purchase through notices on the Website.
2.3. Delivery delay
If the first activation attempt by Ikigai is not carried out within the periods indicated in the previous points, the Buyer may choose the following options:
1. Accept late delivery of the order
2. Cancel the order with the refund of the amounts paid for said purchase.
The Buyer will not have the right to these options if the Website, before making the purchase, had clearly and expressly indicated that deliveries could be delayed.
8. Pricing policy
The prices that are displayed on the Website are set by Ikigai. Prices are shown in Euros. Before acquiring any of the selected products, the Website will display either the prices with VAT included as the final price or broken down according to the tax base and the applicable taxes at all times.
The Website may include promotions and / or discount codes. Such circumstances will appear on the screen, as well as any applicable conditions in your case.
9. Acceptance of the General Purchase Conditions
When the purchase is made entirely through the Web, the Buyer must read these Conditions and accept them expressly, by clicking on the corresponding consent check box, which is unchecked by default.
In the event that there are special rules or restrictions that affect certain rates, discounts and / or products, such special rules or restrictions will be displayed on the screen before proceeding to purchase the product.
10. Withdrawal, exchanges and returns
Ikigai guarantees the Buyer the possibility of desisting from their purchase made through the Website, for any reason, and return or exchange the products purchased, within the fourteen calendar days following the one on which they received the last of the services object of the order. For this, the Buyer the option:
Non-attendance withdrawal
The Buyer may withdraw from his purchase, within the period established in the first paragraph of this section, by notifying Ikigai at the address C / Modesto Lafuente 51, of 12, Madrid or by writing to us at the email marketing@absign.es his decision to withdraw of the contract through an unequivocal statement (for example, a letter sent by post or email). For this, the Buyer may use the model withdrawal form that appears as Annex I to these Conditions and that will be sent by email once the order has been sent, although its use is not mandatory. To meet the withdrawal period, it is sufficient that the communication regarding the exercise of this right is sent before the corresponding period expires.
Ikigai will reply to said email and will continue with the withdrawal process if it has been communicated within the established period and provided that the product / s object of withdrawal are not products included in the withdrawal exceptions.
Once Ikigai responds to the Buyer's email continuing with the withdrawal process, the Buyer must allow any service that has been the object of said purchase to be used. Ikigai will proceed -according to the Buyer's choice- to:
to. Reimburse the Buyer, within 14 calendar days from when the Buyer informed him of his wish to withdraw, all payments received for the acquisition of the product / s, if he chose to return the product.
b. Change the services and / or conditions that are the object of the withdrawal for others, after offsetting the difference in prices that may exist if applicable according to the provisions above.
3. Exceptions to withdrawal
There are some products to which the right of withdrawal will not apply. We refer to the legal exclusions of article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
In particular, we would like to highlight that, by virtue of that article, the Buyer may not withdraw from his purchase when the object of the withdrawal is services made according to the specifications of the consumer and user or clearly personalized
4. Guarantees
In the event that the service purchased by the Buyer is found to be defective or faulty, we will proceed, as appropriate, to repair, replacement, reduction and / or resolution in accordance with the legal guarantee.
It is understood that the products are in accordance with the contract provided that (i) they conform to the description made by Ikigai and possess the qualities that have been presented on the Website, (ii) they are suitable for the uses to which they are ordinarily destined products of the same type and (iii) present the usual quality and performance of a product of the same type that are reasonably expected. In this sense, if any of the products are not in accordance with the contract, the Buyer must notify Ikigai, either by ordinary mail to the following address C / Modesto Lafuente 51, of 12, Madrid or by writing to the email marketing @ absign.es .
In addition, in compliance with European regulations and with article 40.5 of Law 7/2017, of November 2, which incorporates into the Spanish legal system Directive 2013/11 / EU, of the European Parliament and of the Council, of May 21, 2013, regarding alternative dispute resolution in consumer matters, Ikigai makes available to the Buyers of its Website the link to the European Union's online dispute resolution platform: https: // ec .europa.eu / consumers / odr [with link]. The European Commission has created this platform in order for companies and online consumers to resolve disputes out of court through it in a simple and transparent way, without going to court.
Ikigai also informs that at its office at C / Modesto Lafuente 51, of 12, Madrid, there are complaint forms available to those Buyers who are considered consumers and users according to current legislation.
11. Obligations of the parties
1. Obligations of Ikigai
By virtue of these Conditions, Ikigai undertakes to:
to. Put your best efforts in executing the necessary procedures for the Buyer to receive the order.
b. Provide all the necessary documentation to receive the order.
c. Comply with any other obligations derived from the current regulatory framework, contained in these Conditions or in any other conditions that may be applicable.
2. Obligations of the Buyer
By accepting these Conditions, the Buyer agrees to:
to. Pay the corresponding amounts in a timely manner, including fees, taxes and any other costs specified during the purchase process. Failure to pay will exempt Ikigai from fulfilling its obligations.
b. Respond for the authenticity and accuracy of the data you provide to make the purchase.
c. Assume the responsibility derived from not meeting the requirements demanded by Ikigai to hold the status of Buyer or from not having the documentation required to place the order.
d. Comply with any other obligations included in these Conditions or in any other conditions that may be applicable, such as the General Conditions of Use or the Particular Registration Conditions, and assume any responsibility derived from their breach, leaving Ikigai totally harmless.
12. Exclusion of liability
Ikigai in no case will be responsible for the damages that the services acquired may cause the Buyer due to causes attributable to his person.
By way of example and without the intention of being exhaustive, Ikigai will not be responsible for:
to. The utility they have for the Buyer and / or the adaptation to their needs of the services acquired through the Website.
b. Personal or material damage caused as a result of the use of the services.
c. Failure to comply with obligations due to force majeure.
Ikigai establishes its composition and scope in the characteristics of each service, it is the Buyer's responsibility to lack diligence in verifying these specifications.
The responsibility that Ikigai assumes towards the Buyer in no case includes lost profits and will be limited, in any case, at most and for any reason, to the total amount received by Ikigai from the Buyer in accordance with the stipulation on economic conditions of these Terms.
13. Indemnification
Breach by the Buyer of these Conditions or of any other applicable rules may result in damages for Ikigai. In this sense, Ikigai reserves the right to take appropriate legal actions against the Buyer to demand the compensation it deems appropriate and thus compensate the damages that have been caused.
14. Modifications
Ikigai can, at any time and without prior notice, update and / or modify these conditions. However, the customer will always know before contracting the conditions applicable to their purchase. Said modifications will come into effect from their publication on the Website through any means and form.
Modification of these Conditions will only affect Buyers who accept them after said modification.
15. General issues
1. Safeguarding and interpretation of these Conditions
These Conditions accepted at all times and any other conditions that may apply to the Buyer constitute a single agreement between the parties.
In the event of a contradiction between the provisions of these Conditions and any other conditions signed between the parties, the terms and conditions of these Conditions will prevail over the provisions of the former, unless the stipulations included therein expressly establish otherwise.
The fact that any of the parties, due to impossibility or convenience, does not demand strict compliance with any of the terms of these Conditions at a certain time, does not imply nor can be interpreted as a modification, total or partial, of them, nor as a waiver on your part to demand its compliance in its strict terms in the future.
The declaration of nullity of any or some of the stipulations of these Conditions by the competent authority will not affect the validity of the rest. In this case, the contracting parties undertake to negotiate a new stipulation to replace the annulled one with the greatest possible identity with it. If the substitution becomes impossible and the stipulation is essential for these Conditions, in the opinion of the party harmed by its elimination, it may choose to terminate the Conditions.
Any reference made in these Conditions to an article or regulatory body that is repealed will be understood to be made to the equivalent provision that replaces it.
2. Language
The language applicable to these Conditions is Spanish. If versions of these have been offered in other languages, it is as a courtesy and for the convenience of the Buyer. This expressly accepts that they will always be governed by the Spanish version.
If there is any contradiction between what the Spanish version of these General Purchase Conditions says and what any of its translations says, the Spanish version will prevail in any case.
3. Legislation and jurisdiction
The relations between Ikigai and the Buyer arising as a consequence of the acceptance of these Conditions will be governed by Spanish legislation and jurisdiction.
For the resolution of the discussions or conflicts that occurred between Ikigai and the Buyer who is considered a consumer and user in accordance with the applicable regulations on the matter, both will submit, expressly waiving any other jurisdiction that may correspond to them, to the Courts and Courts of the Buyer's domicile.
In compliance with European regulations and with article 40.5 of Law 7/2017, of November 2, by which Directive 2013/11 / EU, of the European Parliament and of the Council, of November 21, is incorporated into the Spanish legal system. May 2013, relating to alternative dispute resolution in consumer matters, Ikigai makes available to the Buyers of its Website the link to the online dispute resolution platform of the European Union: https: //ec.europa .eu / consumers / odr [that has a link]. The European Commission has created this platform in order for companies and online consumers to resolve disputes out of court through it in a simple and transparent way, without going to court.
In the event that the Buyer is not considered a consumer and user in accordance with the applicable regulations, the parties will submit, expressly waiving any other jurisdiction that may correspond to them, unless a different jurisdiction is imperatively determined by Law, to the Courts and Tribunals of Madrid.
ANNEX I
Model withdrawal form (You only have to complete and send this form if you wish to withdraw from the contract)
For the attention of Ikigai, SL acting under the commercial name Ikigai, with address for these purposes at c / Modesto Lafuente 51, of12, 28003, Madrid, Spain and email marketing@absign.es .
I hereby inform you that I am withdrawing from my contract for the sale of the following property: ______________________________________________________________________
Ordered on / received on (strike out what does not apply): _______________________________
Consumer name: __________________________________________________
Consumer address: _________________________________________________
Consumer signature (only if this form is submitted on paper):
________________________________
Date: __________________