1.1. TALENTUM PROMOTIONAL SERVICES, S.L. is a Spanish Mercantile Company, with Tax Identification Number B83229039, domiciled in 28906 - Getafe (Madrid - Spain) calle Rachel Carson 5, Polígono Industrial "Los Gavilanes", constituted for an indefinite period of time on 27 February 2022, and registered in the Mercantile Register of Madrid, Volume 17.463, Folio 142, Page M-299.721, (hereinafter "TALENTUM" or "Supplier").
1.2 TALENTUM's corporate purpose is, inter alia, to carry out marketing, sales and logistics consultancy work in all types of sectors and companies.
1.4. The CUSTOMER who enters into this Agreement (hereinafter the "CUSTOMER" or "Contracting Party") and who has requested the contracting of the Service described herein has read, understands and comprehends what is set forth herein, is a person with sufficient capacity to contract and assumes all the obligations set forth herein.
1.5. The CLIENT, registered in the website by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to TALENTUM.
2.1 Object of the Service
It constitutes the object of the Service ("the Service") to regulate the contractual relationship of purchase and sale born between TALENTUM and the CLIENT at the moment in which the CLIENT accepts during the online contracting process the corresponding box. The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of a specific product or service. The Service will be provided by TALENTUM using as a management tool computer applications located in a technological platform for the purposes that will be detailed further on in this same document.
2.2. Territorial scope
The territorial scope of this agreement is worldwide, and the customer can access the website https://theoceanraceshop.com from anywhere in the world via the Internet.
2.3. Recruitment procedure
The CLIENT, in order to access the services or products offered by TALENTUM, must register through the website by creating a user account. Therefore, the CLIENT must provide freely and voluntarily the personal data that will be required, which will be treated in accordance with the provisions of the current legislation on personal data protection and as specified in the Legal Notice and Privacy Policy of this website.
The CLIENT shall select a user name and a password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to inform TALENTUM of the loss or theft of the same or of possible access by an unauthorised third party, so that the latter may proceed to block them immediately.
All information or personal data provided to us will be treated in accordance with the provisions of the Data Protection Policy. We inform you that by using this website the CLIENT is authorising us to process this information and data and declares that all the information or data that he/she is providing us with is reliable and corresponds to reality.
Once the user account has been created, we inform you that, in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure is subject to these general contracting conditions.
3.1. The realization of an order to TALENTUM will suppose the acceptance without reservations by the CLIENT of these General Conditions of Contracting, except for particular stipulation formalized in writing. No stipulation made by the CLIENT will be able to differ from those of TALENTUM if it has not been expressly accepted in advance and in writing by TALENTUM.
TALENTUM has the right to revise and modify the present Conditions at any time. The CLIENT will be subject to the policies and Conditions in force at the moment he/she uses the present web page or makes each order, unless by law or decision of governmental organisms we have to make changes with retroactive character in these policies, Conditions or Privacy Declaration, in which case, the possible changes will also affect the orders you had previously made.
Furthermore, due to the continuous technical developments and improvements of the products, TALENTUM reserves the right to modify its specifications with regard to the information provided in its advertisements, as long as the value of the offered products is not affected. These modifications will also be valid in case that, for any reason, the possibility of supplying the offered products is affected.
3.3. These Conditions and any document expressly referred to in these Conditions constitute the entire agreement between the CUSTOMER and us in relation to the subject matter hereof and supersede any prior agreements, understandings or promises made between the CUSTOMER and us orally or in writing. The CUSTOMER and we acknowledge that we have consented to the conclusion of a contract without having relied on any statement or promise made by the other party or which could be inferred from any statement or writing in the negotiations entered into by the two of us prior thereto, except as expressly mentioned in these Conditions. Neither the CUSTOMER nor we shall have any remedy in respect of any untrue statement made by the other party, oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.
3.4. If any of these Conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force and shall not be affected by such declaration of nullity.
4.1. The products offered on this website are only available for delivery worldwide from Spain.
4.2. TALENTUM will not send any order until it has verified that the payment has been made.
4.3. Shipments of goods will usually be made by MESSENGER (SEUR, HALCOURIER, UPS, REDYSER, etc.), according to the destination freely designated by the CUSTOMER.
4.4. The shipping model is DAP (the CLIENT is responsible for the cost of customs from the moment the goods arrive at their destination country) and TALENTUM charges the transport and customs to the destination.
4.5. The delivery dates or deadlines will be understood as approximate, not constituting an essential breach. In case TALENTUM has not delivered the goods 30 days after the agreed delivery date, the client will be entitled to cancel the order and receive the refund of the total amount paid without any cost, and without any liability for damages attributable to TALENTUM.
4.6. The delivery time is usually between 2 and 10 working days, depending on the destination town. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified. Those products for which the personalisation service has been contracted will require a longer delivery time than indicated, which will be communicated when the personalisation request is made.
4.7. TALENTUM shall not assume any responsibility when the delivery of the product or service does not take place, due to false, inaccurate or incomplete data provided by the CLIENT.
4.8. Delivery shall be deemed to have been made when the carrier has placed the products at the disposal of the CUSTOMER and the CUSTOMER, or his delegate, has signed the delivery receipt document.
4.9. It is the responsibility of the CUSTOMER to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document at the time of receipt.
4.10. If we are unable to deliver an order, it will be returned to our warehouse. Customer service will contact you to arrange a new delivery. If 3 delivery attempts have been made and the order has not been delivered for a reason for which we are not responsible, it will be understood that you wish to terminate the contract. The cancellation of the contract will lead to the refund of the payments received with the exception of the delivery costs within a maximum period of 15 days after the contract is considered to be cancelled. Transport costs due to the cancellation may incur additional costs, which we are entitled to pass on to you.
4.11. It should be noted that deliveries are not made on Saturdays, Sundays and public holidays.
4.12. In the case that the contracting does not entail the physical delivery of any product, being these files directly downloadable from the website, TALENTUM shall previously inform the CLIENT about the procedure to follow in order to download them.
4.13. All orders are subject to product availability. Any amounts paid will be refunded in the event that a product is not available in stock or if there is any difficulty in supplying it.
5.1. The CUSTOMER has the same rights and deadlines to proceed to make the return and / or claim the possible vices or defects in the product or service, both online and offline.
5.2. The CUSTOMER has a period of thirty (30) calendar days from the date of receipt of the product to return it (article 71 of Law 3/2014 of 27 March, General Law for the Defence of Consumers and Users). Unless the return is made due to defects in the product, the costs relating to shipping shall be borne by the CUSTOMER. The product must be returned in its original packaging and in perfect condition.
5.3. The right of withdrawal may not be applied in the following cases:
-If the product is not presented in perfect condition.
-If the product packaging is not the original packaging or if it is not in perfect condition. -The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
-When the product is unopened and it cannot be proved that it has not been used.
-In software applications that are directly downloaded through the portal.
-In the case of personalised products or those which, for reasons of hygiene or other legally stipulated exceptions, are not eligible for this right.
5.4. The right to withdraw from the contract shall apply exclusively to those products that are returned in the same condition in which the CUSTOMER received them. No refund will be made if the product has been used beyond the mere opening of the product, products that are not in the same condition in which they were delivered or that have suffered any damage, so you should be careful with the product/s while they are in your possession. Please return the item(s) using or including all original packaging, instructions and any accompanying documents.
5.5. All returns shall be communicated to TALENTUM, requesting a Return Merchandise Authorization (RMA) by e-mail to support@theoceanraceshop.com, indicating the invoice or order number.
5.6. Once the CLIENT has received the RMA number, he/she will send the product to TALENTUM, indicating this number in the sending letter, with the transport expenses at his/her charge, at the address of TALENTUM SERVICIOS PROMOCIONALES SL, 28906 - Getafe (Madrid) calle Rachel Carson 5, Polígono Industrial "Los Gavilanes".
5.7. The CUSTOMER shall be responsible for the costs of return. If the CUSTOMER decides to return the goods to us carriage paid, we shall be entitled to charge him/her for any costs we may incur.
5.8. After examining the item, we will inform the CUSTOMER whether he/she is entitled to a refund of the sums paid. The refund will be made as soon as possible and, in any event, within 14 days from the date on which you informed us of your intention to withdraw. However, we may withhold reimbursement until we have received the goods. The refund will always be made by the same means of payment that you used to pay for the purchase. The CUSTOMER shall bear the cost and risk of returning the goods to us, as indicated above. If they have any queries, the CUSTOMER can contact us via our contact form or by writing to support@theoceanraceshop.com.
5.9. In the event of withdrawal by the CUSTOMER, we will refund all payments received (with the exception of delivery costs) without undue delay and, in any event, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to effect such reimbursement using the same means of payment used by you for the initial transaction. You will not incur any charges as a result of the refund. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods. You must return the goods to TALENTUM SERVICIOS PROMOCIONALES SL, 28906 - Getafe (Madrid) calle Rachel Carson 5, Polígono Industrial "Los Gavilanes" within a maximum period of 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline will be considered to have been met if you return the goods before this period has expired.
The CUSTOMER shall bear the direct cost of returning the goods. The CUSTOMER shall be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
6.1. Any comment, suggestion, complaint or claim that the CLIENT considers appropriate will be dealt with as soon as possible, and can be made through the contact mailbox on the website or at the following contact addresses: TALENTUM SERVICIOS PROMOCIONALES SL: 28906 - Getafe (Madrid) calle Rachel Carson 5, Polígono Industrial "Los Gavilanes". Mail: support@theoceanraceshop.com.
6.2. Download the complaint form: Online Dispute Resolution: In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the CLIENT and TALENTUM, without the need to resort to the courts of law, through the intervention of a third party, called Dispute Resolution Body, which acts as an intermediary between the two. 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/
7.1. The prices of the items listed on the website include VAT, but do not include shipping costs, which will be added to the total amount due at the end of the purchase.
7.2. Prices may be subject to change at any time, but (except as mentioned above) any changes will not affect orders for which an Order Confirmation has already been sent.
7.3. Method of payment: The payment of each of the invoices will be made through a payment gateway (Redsys) via bank card or via Paypal at the CLIENT's choice. Please note that by making the payment, you are verifying that the credit card or PayPal account belongs to you. Please note that, in order to reduce the risk of unauthorised access, your credit card details will be encrypted. Similarly, credit cards will be subject to checks and authorisations by the credit card issuer, but if the credit card issuer does not authorise payment, we will not be liable for any delay or non-delivery and will not be able to enter into any contract with you.
7.4. Invoice: Invoices will be issued in the name of the CLIENT. The contracting party expressly authorises TALENTUM to issue the invoices generated by the contracted services by electronic means. The express consent for the remission of the invoices by electronic means, according to the applicable legislation, will remain in force as long as the contracting party does not cancel the Service contracted to the CLIENT. In general, all invoices will be available for at least two months from the date of issue on the management portal provided by TALENTUM.
7.5. In accordance with the provisions of article 68 of Law 37/1992 of 28 December 1992 on Value Added Tax, the delivery of the articles shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question. For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT in accordance with the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.
7.6. Ownership of the products is acquired when full payment is made for the items purchased, including shipping costs, or otherwise at the time of delivery if this takes place after payment.
8.1. The products selected for purchase will be added to the basket and once the selection has been completed, the order must be processed and payment made. All the steps of the purchase process must be followed, filling in and checking the information required at each step.
8.2. During the purchase process and before payment is made, the order data may be modified.
8.3. Subsequently, the CUSTOMER will be sent an e-mail acknowledging receipt of its order (the "Order Confirmation").
9.1. The prices do not include delivery or communication costs, installation costs or additional services, unless expressly stated otherwise in the description of a specific product, in a temporary promotion, or in a particular written offer or agreement to the contrary.
9.2. The shipping costs will be calculated at the time of saving the basket or quotation, as they are calculated according to the volume, weight of the products and the delivery address of destination.
9.3. The deliveries shall be made under the DAP "Delivery at Place" Incoterm, by which TALENTUM makes the goods available to the purchaser at the point of origin chosen by the purchaser.
Under DAP conditions, TALENTUM is not responsible for the unloading of the goods at destination nor for any costs related to customs or the payment of taxes and duties that may be applied.
10.1. All products offered through the website are completely original, unless otherwise stated in their description. They all have a guarantee period of three years, in accordance with the criteria and conditions described in 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.
10.2. The guarantee of the products offered will respond to the following articles based on Royal Legislative Decree 1/2007, of 16 November:
I) Conformity of products with the contract
In the absence of proof to the contrary, the goods shall be deemed to be in conformity with the contract provided that they meet all of the following requirements, unless the circumstances of the case make any of them inapplicable:
1. They comply with the description made by TALENTUM SERVICIOS PROMOCIONALES SL.
2. are fit for uses for which products of the same type are normally intended.
3. They present the usual quality and performance of a product of the same type that the customer may reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by TALENTUM SERVICIOS PROMOCIONALES SL.
4. TALENTUM SERVICIOS PROMOCIONALES SL describes the details, technical characteristics and photographs of the products provided by the manufacturer of the products, so that it is not bound by these public statements.
The lack of conformity resulting from an incorrect installation of the product shall be equated to the lack of conformity of the product when the installation is included in the purchase contract and has been carried out by TALENTUM SERVICIOS PROMOCIONALES SL or under its responsibility, or by the CLIENT when the defective installation is due to an error in the installation instructions.
Liability shall not apply for lack of conformity which the CUSTOMER knows or could not have been unaware of at the time of conclusion of the contract or which originates in materials supplied by the CUSTOMER.
II) Responsibility of TALENTUM
TALENTUM SERVICIOS PROMOCIONALES SL will respond to the CLIENT for any lack of conformity that exists at the moment of the delivery of the product. TALENTUM SERVICIOS PROMOCIONALES SL recognises the CLIENT the right to the repair of the product, to its replacement, to the price reduction and to the resolution of the contract.
III) Repair and replacement of products
If the product does not comply with the contract, the CLIENT will be able to choose between demanding the repair or the replacement of the product, unless one of these options is impossible or disproportionate. From the moment the CLIENT informs TALENTUM SERVICIOS PROMOCIONALES SL of the chosen option, both parties shall abide by it. This decision of the CLIENT is understood without prejudice of what is stipulated in the following article IV for the cases in which the repair or replacement does not succeed in bringing the product in conformity with the contract.
Any form of remedy which imposes costs on TALENTUM SERVICIOS PROMOCIONALES SL which, in comparison with the other form of remedy, are unreasonable, taking into account the value which the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience for the CLIENT, shall be considered disproportionate.
IV) Rules for the repair or replacement of the product
Repair and replacement shall comply with the following rules:
a) They shall be free of charge for the CUSTOMER. This free of charge shall include the necessary costs incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labour and materials.
b) They shall be carried out within a reasonable time and without major inconvenience for the user, taking into account the nature of the products and their purpose for the CUSTOMER.
c) The repair suspends the computation of the periods referred to in section VII. The period of suspension shall start from the moment the CLIENT places the product at the disposal of TALENTUM PROMOTIONAL SERVICES SL and shall end with the delivery to the CLIENT of the repaired product. During the year after the delivery of the repaired product, TALENTUM SERVICIOS PROMOCIONALES SL will be responsible for the lack of conformity that motivated the repair. It is presumed that it is the same lack of conformity when the product reproduces defects of the same origin as those initially manifested.
d) The replacement suspends the time limits referred to in section VII from the exercise of the option until the delivery of the new product. In any case, the second subparagraph of paragraph VII shall apply to the substitute product.
e) If, once the repair has been completed and the product has been delivered, it is still not in conformity with the contract, the CUSTOMER may demand its replacement, within the limits established in paragraph 2 of section IV, or a price reduction or the termination of the contract under the terms of section V.
f) If the replacement fails to bring the product into conformity with the contract, the CUSTOMER may demand the repair of the product, within the limits set out in Article IV.2, or a price reduction or termination of the contract under the terms of Articles V and VI.
g) The CUSTOMER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
The price reduction and termination of the contract shall proceed, at the CUSTOMER's choice, when the CUSTOMER cannot demand the repair or replacement of the product and in cases where this has not been carried out within a reasonable period or without major inconvenience for the CUSTOMER. The termination shall not proceed when the lack of conformity is of minor importance, as well as in the other cases referred to in articles 119, bis, ter and quater.
VI) Criteria for price reduction
The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.
VII) Deadlines
TALENTUM SERVICIOS PROMOCIONALES SL is responsible for the lack of conformity that may appear within a period of three years from the delivery. In the case of second-hand products, TALENTUM SERVICIOS PROMOCIONALES SL and the CLIENT may agree on a shorter period, which shall not be less than one year from the delivery.
In the absence of proof to the contrary, lack of conformity which becomes apparent within two years of delivery shall be presumed to have existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
Unless there is evidence to the contrary, delivery shall be deemed to have taken place on the day shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. The action to claim compliance with the provisions of the previous articles prescribes five years after the delivery of the product.
4. The CLIENT must inform TALENTUM of the lack of conformity within two months of becoming aware of it. Unless there is proof to the contrary, it will be understood that the CLIENT's communication has taken place within the established term.
VIII) Action against the producer
When it is impossible for the CUSTOMER to contact TALENTUM due to the lack of conformity of the products with the purchase contract, the CUSTOMER will be able to claim directly to the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the fact that the producer's liability ceases, under the same terms and conditions as those established for TALENTUM, the producer shall be liable for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
Producer means the manufacturer of a product or the importer of a product into the territory of the European Union or any person who presents himself as such by indicating on the product his name, trade mark or other distinguishing mark.
Whoever is liable to the CUSTOMER shall have a period of one year in which to rectify the lack of conformity. This period shall be calculated from the time when the corrective measure was carried out.
11.1. Returns of defective products
In cases where the CUSTOMER considers that at the time of delivery the product does not conform to what is stipulated in the contract, you should contact us immediately via our contact form providing the details of the product, as well as the damage it suffers, or by writing to support@theoceanraceshop.com where we will indicate how to proceed. You can return the product by handing it over to a courier that we will send to your home address when you request collection. We will carefully examine the returned product and will inform you by e-mail within a reasonable period of time whether we will refund or replace the product (if applicable).
The refund or replacement of the item will be made as soon as possible and in any case within 14 calendar days from the date on which we are informed of your decision. The amounts paid for products that are returned because of a defect or fault, where it exists, will be refunded to you in full, including the delivery costs incurred to deliver the item to you and the costs incurred by you in returning the item to us. The refund will be made by the same means of payment that was used to pay for the purchase.
11.2. Return of orders damaged during transport.
In cases where the CUSTOMER considers that at the time of delivery there is clear evidence of damage or manipulation of the packaging containing your order, you must clearly state what happened in the delivery note of the carrier or exercise your right to refuse delivery directly to find your order clearly manipulated or seriously damaged packaging. In both cases, you must contact us immediately and within a maximum period of 24 hours by means of our contact form, providing the details of the order and the damage it has suffered, or by writing to support@theoceanraceshop.com where we will indicate how to proceed. In case of receiving the order, if the damage suffered during transport affects the product/s included in it, as long as it has been notified within the established period, you can return it by handing it over to a courier that we will send to your home address when you request collection. We will carefully examine the returned product and will inform you by e-mail within a reasonable period of time whether a refund or replacement (if applicable) will be made. The refund or replacement of the item will be made as soon as possible and in any event within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item. Amounts paid for products which are returned to us because of damage in transit, where such damage actually exists, will be refunded to you in full, including the delivery charges incurred in delivering the item to you and the costs incurred by you in returning the item to us. The refund will be made by the same means of payment that was used to pay for the purchase.
12.1. TALENTUM will be able to terminate the present agreement and/or suspend the Service, in case of non-payment of one (1) invoice, or of any amount whose payment corresponds to the CLIENT, previous requirement of payment, without prejudice of being able to exercise any other right and/or action that legally or contractually corresponds to TALENTUM, making therefore express reservation of rights and actions.
12.2. The CLIENT may terminate the present agreement in case of non-fulfilment by TALENTUM of the contracted Service, or demand from TALENTUM the correction of the non-fulfilment.
12.3. The termination action may be exercised as a consequence of a regulatory change, if it is determined that it is impossible to continue providing the contracted services.
12.4. In case of detecting any illegal conduct or activity, TALENTUM reserves the right to deny or cease the contracted services without previous notice. The possible illegal activities or conducts on the part of the CLIENT that would suppose the denial or cessation of the contracted services are listed below:
a) It is forbidden to modify, adapt or hack the web platform, or falsely indicate that another website is associated with it.
b) You may not create sessions or send private messages for the purpose of disrupting or interfering with the operation of the system.
c) It is forbidden to use the platform for the transmission, installation or publication of any type of virus, malicious code or any other type of file or programme harmful to the development of the service and platform.
d) Registering on the platform using a false identity, impersonating third parties or carrying out any other action that may confuse or harm other users of the system.
e) Using the platform for the purpose of obtaining data from other users.
f) Breaking or attempting to break the security or authentication measures of the platform or any system connected to it, or any security measures included in the contents of the platform.
g) Upload content of which you are not the owner or do not have the necessary authorisations to do so.
h) Use the platform illegally, in a manner contrary to good faith, morality or public order.
i) Impede the normal development of the processes carried out on the Platform.
j) Any other activity or conduct that is detrimental to the development of the system.
All of the above, without prejudice to the exercise of any other right and/or action that legally or contractually corresponds to TALENTUM, making an express reservation of rights and actions.
13.1. TALENTUM may assign its contractual position in the present Contract to any other company in which it has a shareholding of more than 50%.
13.2. TALENTUM will be able to subcontract part of the direct services provided to the CLIENT object of this Contract.
13.3. In case of subcontracting, TALENTUM is not released from the obligations and responsibilities assumed by virtue of this Contract. TALENTUM will be responsible before the CLIENT for the non-fulfilment by the subcontractor or its staff of the obligations resulting from the subcontracted services.
14.1. The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the force majeure.
14.2. We shall not be liable for any failure or delay in the performance of any of our obligations where such failure or delay is due to events beyond our reasonable control ("Force Majeure Event"). Force Majeure shall include any act, event, default, omission or accident beyond our reasonable control, including but not limited to the following:
a. Strikes, lockouts or other industrial action.
b. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
c. Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
d. Impossibility of using trains, ships, aircraft, motor transport or other means of transport, public or private.
e. Inability to use public or private telecommunications systems.
f. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
14.3. Obligations will be deemed to be suspended for the period during which the Force Majeure Event continues and we will have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations despite the Force Majeure Event.
15.1. The terms and conditions agreed in the present agreement do not imply, implicitly or explicitly, the cession of any of the rights on the industrial and intellectual property of the Software, its manuals or the data model. The knowledge and know-how inherent to the Software, as well as the knowledge used for the configuration of the Software, are TALENTUM's own and confidential information.
15.2.The CLIENT assumes the responsibility for the effective damages that TALENTUM suffers by direct or indirect cause of the fraudulent use or illegal copy of the programmes or of this information by the CLIENT's own employees, being obliged to adopt the necessary measures so that only authorised persons have access to this protected information.
15.3.The CUSTOMER shall respect any copyright notices appearing on the software or in the original documentation.
TALENTUM shall not be responsible, in any case, for the possible infringements of the intellectual or industrial property law applicable to the content stored in the platform by the CLIENT.
The conditions of this agreement may be modified by TALENTUM notifying the CLIENT, by means of insertion in the Web and/or by e-mail notified thirty (30) days before its coming into force. If the variation of the conditions is not expressly rejected by the other party within the same period, by email with acknowledgement of receipt, it will be understood that the CLIENT accepts the modifications of the conditions of the Agreement.
18.1. These conditions shall be governed or interpreted according to the Spanish legislation in what is not expressly established. TALENTUM and the CLIENT agree to submit any controversy that could arise from the provision of the products or services object of these Conditions to the courts and tribunals of the CLIENT's domicile.
18.2. In case the CLIENT is domiciled outside Spain, TALENTUM and the CLIENT expressly renounce to any other jurisdiction, submitting themselves to the competent Courts and Tribunals in GETAFE, Madrid (Spain).
Where our website contains links to other websites and materials from third parties, these links are provided for information purposes only and we have no control over the content of those websites or materials. We therefore accept no liability whatsoever for any loss or damage arising from their use.
21.1. The CUSTOMER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
21.2. If any provision of these terms and conditions is held to be invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
21.3. The CLIENT declares that he/she has read, knows and accepts these General Conditions in their entirety, prior to placing the order.
Applicable regulations require that some of the information or communications we send you be in writing. By using this website, the CUSTOMER agrees that most of these communications with us will be electronic. We will contact the CUSTOMER by e-mail or provide information to the CUSTOMER by posting notices on this website. For contractual purposes, the CUSTOMER consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that we send electronically comply with the legal requirements of being in writing. This condition shall not affect your rights recognised by law.
Notifications sent to us by the CLIENT should preferably be sent via our contact form. In accordance with the provisions of the preceding paragraph and unless otherwise stipulated, we may send communications either by e-mail or to the postal address provided by you when placing an order. Notices will be deemed to have been received and properly given when they are posted on our website, 24 hours after an e-mail has been sent, or three days after the postmark date of any letter. To prove that notice has been given, it shall be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and properly delivered to a post office or letter box and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
23.1. The CUSTOMER declares that he/she has read, agrees and accepts each and every one of the terms and conditions of the Service specified in this Agreement.
23.2. This Agreement shall enter into force on the date and time of electronic acceptance of the same, remaining in force as long as the CUSTOMER remains up to date with the contracted payment and provided that both parties have not requested its early cancellation or termination, in accordance with the terms set out above.