Owner: BIZPILLS S.L. (hereinafter, “BIZPILLS” or the “Owner”)
Tax ID No.: B-83310789
Registered address: Calle Marqués de Monteagudo 22, 28028, Madrid
Registration details: Companies Registry of Madrid, volume 17,925, book 0, folio 150, section 8, page M-309521, entry 1.
Telephone: 917 046 639
Fax: +34 917 266 476
2. SUBJECT MATTER
This document establishes the general conditions of contract (hereinafter, the “Conditions of Contract”) that regulate purchases by users of any of the products and/or services offered on the BIZPILLS website (hereinafter, the “Website”), located at the URL https://cursos.b-talent.com/.
Any matter not specifically addressed in these Conditions of Contract shall be deemed as reserved for BIZPILLS, notwithstanding application of the valid terms of law.
Likewise, BIZPILLS reserves the right to make amendments and/or updates to the Conditions of Contract, of which customers will be informed in advance to accept or reject, if the changes are substantial. In any case, it shall be assumed that the user expressly accepts these amendments or updates if he/she contracts services offered by BIZPILLS over the Website again.
If accepted by the user, the new Conditions of Contract shall fully replace the conditions valid up to that time, and shall enter into force on new subscriptions contracted by the user as of the date of acceptance of the new Conditions of Contract.
By marking the relevant box in the contracting process and by following all the steps in the online process, the user expressly accepts these Conditions of Contract, which are just as valid as if signed in person. Likewise, the user acknowledges having sufficient capacity to undertake the obligations arising from his/her actions over the Website, which he/she has previously read and understands the contents thereof.
In all cases, in order to enter into contracts with BIZPILLS, the user must be of legal age (≥ eighteen (18) years old) and have full legal competence to enter into contracts.
The entire contracting process shall take place in Spanish or in English.
3. OPERATION OF THE WEBSITE
The purpose of the Website is to sell online courses to professionals who want to bolster their training (hereinafter, the “Products”), which can be contracted by users in accordance with the terms of these Conditions of Contract.
All communication between the user and BIZPILLS shall be done electronically.
4. USER REGISTRATION
Registration as a user of the Website is completely free of charge and can be done by electronic means over any kind of device; the user will be asked to provide the details needed to process the registration and the data entered must be full, actual and true, given that this shall be our only means of offering the Products correctly and managing the contract procedures as well as contacting our users, if necessary.
Access to the Website entails full acceptance of these Conditions of Contract, notwithstanding any specific conditions set forth for certain specific services, and it shall be assumed that they are accepted through mere use of the services.
Under no circumstances shall BIZPILLS be held liable for the truth of the registration data furnished by users and therefore each one shall be liable for the possible consequences, errors and mistakes that could later arise as a result of faulty quality data.
4.1. Registration requirements
In order to be able to register as a user, it is essential to be over the age of eighteen (18) years old and provide all the data requested and classified as mandatory.
Likewise, registered users accept that the password and user account are personal and non-transferable.
The password must be created by the user according to password strength and complexity rules established at any time by the Owner. The password created by the user shall be valid for an unlimited time, subject only to the time that the Website, or the section thereof that requires access with a password, remains active.
However, users can modify their password at any time by using the tools placed at their disposal by the Owner over the Website.
The user agrees to use the password in a diligent manner, to keep it secret and refrain from giving it to any third party. Consequently, users shall be responsible for the proper safekeeping and confidentiality of any identifiers and/or passwords they have selected as registered users and they agree not to allow third parties to use them temporarily or permanently or to give third parties access to their account. The user shall be responsible for lawful use of the Website, and shall be held liable for any damage caused by a third party entering the site using his/her access credentials.
In virtue of the foregoing, the user is required to notify the Owner immediately of any event that could allow misuse of identifiers and/or passwords, such as theft, loss or unauthorised access thereto, in order to proceed with immediate cancellation thereof. Until such events have been reported, the Owner shall be exempt of any liability that could arise as a result of misuse of identifiers or passwords by unauthorised third parties.
4.2. Cancelling user registration
The user may, at any time, ask to be deregistered from the Website by addressing a written statement to firstname.lastname@example.org indicating their identification details.
In any case, after deregistering, the user may ask to register again, although the Owner shall be entitled to refuse such registration in the specific cases stipulated in the “Rules of Use” clause of the “Legal Notice” or in the event of a conflict or dispute arising between the parties.
5. ELECTRONIC CONTRACT
Pursuant to the terms of section 23 of Law 34/2002, of 11 July, regarding Information Society Services and Electronic Commerce, contracts entered into by electronic means shall be considered fully valid by law when consent and other requirements needed for them to be valid are present.
In all cases, the electronic format in which these electronic Conditions of Contract are set forth shall be allowed as documentary proof in the event of a dispute between the parties.
For the purposes herein, it shall be assumed that, by taking all the steps in the purchasing process and, where appropriate, paying the corresponding fee, the consent required for the contract has been given.
Likewise, in accordance with section 27 of Law 34/2002, regarding Information Society Services and Electronic Commerce, prior to starting the contracting procedure, users are given all the information in relation thereto, which shall only apply if the user decides to proceed with the contracting procedure over the Website.
5.1. Preliminary information
These Conditions of Contract are available and open to all the users of the Website free of charge at the following link [https://cursos.b-talent.com/en/3terms-and-conditions-of-use].
Access to the contracting procedure is completely free of charge, with no related additional costs other than those inherent to the provision of the Internet connection procured by the user and those related to the purchase of the training course.
The Products offered by BIZPILLS are thoroughly described in the Website, and no issues that are not explicitly stated can be deemed as included therein.
The contract between BIZPILLS and the user is deemed to have been formalised when the user has completed the contracting procedure by clicking the “Purchase” button or the “Purchase for team” button, and it is assumed that completion of all the steps in the electronic contract procedure and inclusion of all the requested details, in conjunction with checking the box indicating acceptance of the Conditions of Contract, is a direct expression of the user's will to accept such conditions.
BIZPILLS, as a provider of an information society service, shall keep the electronic document in which this contract is formalised on file. This electronic document shall be accessible to the user via the link that shall be provided, where it can be downloaded and printed out, and these Conditions of Contract shall be included therein.
BIZPILLS shall use adequate and sufficient technical means to identify and correct technical errors in management of the information when liable for such.
Unless indicated otherwise, the language in which the contracting procedure shall take place and this contract shall be formalised is Spanish or English.
5.2. Contracting procedure
The contracting procedure for Products offered by BIZPILLLS shall take place entirely by electronic means over the Website. Any person with Internet access can enter into a contract, as all the Products offered over the Website are available to the public, there being no restrictions whatsoever on viewing them.
The complete procedure that must be followed by any user that wishes to purchase the Products offered by BIZPILLS over the Website shall be as follows:
1) After the user has accessed the BIZPILLS Website, he/she must select the courses to be taken and proceed to purchasing them by selecting the “Purchase” button or the “Purchase for team” button. It is important for the user to review the course descriptions and the conditions, deadlines and final prices.
3) Next, the user must choose the desired payment method among the options offered by BIZPILLS on the Website, which are as follows: PayPal, credit card or debit card. At no time shall BIZPILLS have access to your bank details, as these are directly handled by the corresponding banking institutions on our payment gateway.
4) When this process is complete, a purchase summary statement will be displayed and the user will also automatically receive an email confirming that the purchase was successfully completed. This email shall describe the characteristics of the user's subscription and shall be valid as proof in the event of any type of claim. If you do not receive this email, check your “junk mail” or “spam” box and, if it is not there, we ask you to please contact us as quickly as possible so that we can solve the issue.
5) The user can find all the information about this purchase, and any others made previously, in his/her personal area on the Website where, after identifying him/herself, a summary of the order, the date, the price and the payment method can be viewed.
5.3. Financial conditions
The prices of the Products offered by BIZPILLS over the Website are indicated next to the description of each course and in all cases are shown in the official currency of the European Union, the Euro (€).
The valid price for the courses offered by BIZPILLS shall be the price indicated at any given time on the Website next to the description and these prices shall be available to the public with no need to be registered as a user to see them.
The price shown is in all cases the end price, and expressly includes Value Added Tax (VAT) and any other applicable fees. However, the final price shall include any and all increases and discounts that may be applicable, expenses passed on to the user and additional expenses for accessory services, payment methods, etc.
In any case, all these amounts shall be shown broken down for the user during the contracting procedure.
5.3.2. Payment and billing
After the user has purchased the Products and paid the relevant sum using any of the payment methods made available to users by BIZPILLS, the latter shall send the user an email containing the information about the Products purchased, the price thereof, applicable taxes and these Conditions of Contract.
In all cases, payment of amounts over the Internet shall take place via the Website provided by an external financial institution, which shall, in all cases, be hosted on a website with an SSL security protocol. To identify this site, check that the address of the page where you are about to make the payment begins with https://.
At any rate, the purchase only becomes final when BIZPILLS has received payment confirmation from the banking entity that owns the payment gateway. Should the transaction be denied by such entity for any reason, or if the full amount of the Product price is not provided (including surcharges for handling fees and bank transfer commissions), the purchase shall be suspended and the user shall be informed that the transaction was not completed.
After receiving full payment, BIZPILLS shall automatically send the invoice related to the contract entered into by email to the user. By accepting these Conditions of Contract, the user declares his/her express consent to receive the invoice by electronic means. If the user wishes to receive a paper invoice, he/she can contact BIZPILLS, indicating the address to which the invoice should be sent. The invoice can be issued directly to the user as an individual, to the user as a self-employed professional or to the company for which the user works.
Likewise, according to valid legislation, BIZPILLS cannot modify invoices on sales completed at a later time. Therefore, the invoice shall be issued in the name of the natural person that purchases the Products, so the user must make sure to complete the order in the correct name, as duplicate invoices cannot be issued and sent to third parties, nor can they be issued after the warranty period has elapsed.
6. RIGHT OF WITHDRAWAL AND WARRANTIES
6.1. Right of Withdrawal
Pursuant to Royal Decree Law 1/2007, of 16 November, by which the consolidated text of the General Law for the Defence of Consumers and Users was passed, and other supplementary laws, the users are informed of the following items:
All users may exercise their right of withdrawal within a period of fourteen 14) calendar days after entering into the product contract unless they have downloaded the contents of the courses or have accessed course information.
Users who wish to exercise their right of withdrawal must in all cases take the following steps:
1) The user must inform BIZPILLS that he/she wishes to exercise the right of withdrawal by notifying the latter of the decision to withdraw from the contract through an unequivocal statement (such as a letter sent by post, fax or email). Our contact details are as follows:
To exercise the right of withdrawal, the user can use the template form, the text of which is copied below, although this is not compulsory:
(you need only fill out and send this form if you wish to withdraw from the contract)
To the attention of ____________, with address at ________________, telephone number ____________, e-mail _____________ and fax ____________.
I hereby inform you that I wish to withdraw from my purchase agreement on the following item: _________________, ordered/received on ___________
Name of consumer and user: ____________________
Address of consumer and user ____________________________
Signature of consumer and user (only if this form is submitted in paper format):
2) After the request for the right of withdrawal is received, BIZPILLS shall send the user an email confirming receipt of the request, after which time the user shall no longer have access to the Products.
3) Subsequently, the relevant amount paid shall be refunded within fourteen (14) days after the date on which the request was received. The refund amount shall be the sum originally paid by the user.
4) In all cases, payment of the refund shall take place by the same method used by the user to make the original payment, unless the user requests a different method, in which case additional costs may be incurred.
6.2. BIZPILLS' Liability
BIZPILLS undertakes to ensure that the contents, data or information relating to the Products offered over the Website are reliable, true and accurate, and is liable for the prices and characteristics announced. However, it shall not be liable for any information entered, displayed or modified by third parties unrelated to BIZPILLS.
Any reproduced photographs, texts, graphic design, information or characteristics that illustrate the Products are not binding and may vary. However, we endeavour to ensure that the descriptions thereof are as accurate as possible.
6.3. Customer service
As the party responsible for the Website and for sales of the Products offered therein, BIZPILLS offers users a customer assistance service available from Monday to Friday, 10.00 AM to 2.00 PM, which shall respond to any queries, complaints or suggestions made in relation to the subscription of any of the Products.
Specifically, users may contact us in the following ways:
We shall respond to claims or queries received as quickly as possible.
Complaints forms are available to consumers and/or users.
The parties agree to fulfil their legal and contractual obligations arising in virtue of these Conditions of Contract. If one party fails to fulfil its obligations or hinders the other party in fulfilment of its obligations, said other party shall be entitled to file a claim for loss and damages caused, in relation to both consequential damages and to loss of profit.
The parties shall be personally liable for the violations incurred, and the other party shall be held harmless as regards any error, fault or negligence not attributable thereto and as regards any damage deriving from said violations or errors attributable to the other contract party.
BIZPILLS shall not be held liable in the cases described in the Website Legal Notice [https://cursos.b-talent.com/en/7uso-de-cookies] as regards the Products offered therein. Furthermore, in particular, BIZPILLS shall not be liable in the event that the Website is unavailable or it is not possible to purchase the Products due to circumstances beyond BIZPILLS's control, force majeure or errors in the contracting procedure or the data provided by the user. However, in these cases, BIZPILLS shall contact the user in order to come up with the best possible solution.
BIZPILLS shall make every effort commercially and technically within its reach to ensure that the Products offered over the Website remain available. However, this obligation shall not apply to any lack of availability or performance caused by:
1) Temporary inactivity of the Website due to updating and/or technical maintenance, which shall be posted on the Website up to 48 hours in advance, as long as these circumstances are known by or reported to BIZPILLS further in advance of such time;
2) Circumstances beyond BIZPILLS' control: force majeure, Internet access issues, technology issues beyond the Owner's diligent and reasonable management of the Website, actions or omission of third parties, etc.
None of the aforementioned cases, beyond BIZPILLS' control and due diligence, shall give rise to compensation by such party for loss of profit, loss or damages.
Should the Website be shut down or suspended for causes unrelated to the parties' actions, the user shall be informed accordingly of the transfer of the service to a new domain, and the provisions of this contract shall only vary in relation to the domain in which the Website remains active.
8. SAFEGUARD CLAUSE
Each of the clauses or points in these Conditions of Contract must be interpreted in an independent, separate manner, and if one such clause or point is declared null and void by a court judgment or a final arbitration resolution, the remaining clauses shall not be affected. The affected clause or clauses shall be replaced with another or others that maintain the effects pursued under the Website Conditions of Contract.
9. RESOLUTION OF DISPUTES
This relationship between the parties shall be governed by Spanish legislation in force at any given time, provided that this is allowed under the legislation applicable to each of them. Thus, Spanish legislation in force at the time of the dispute shall apply to any issues under dispute in relation to this Website or any other upon which it is dependent and the competent authorities to rule on any conflicts deriving from or related to the use of this Website shall be the Courts of the City of Madrid (Spain).
To file a complaint on the use of our Products, you may send us a statement addressed to the email or postal address indicated in the “Identification” section herein above, and we undertake to seek an amicable solution to the dispute at all times.
Furthermore, all users residing in the European Union have the option of going to the Online Dispute Resolution Platform (ODR), using the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. Users should address any queries they may have about this Platform to the European Consumer Centre in Spain, located at calle Príncipe de Vergara 54, 28006 Madrid, telephone number 918224555.
Latest update: 10 April 2017
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