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GENERAL CONTRACTING CONDITIONS
1.-PRIOR
The present agreement regulates the General Contracting Conditions for the various services this website theconstructsim.com provides and which are specified on the hereby contract. Consequently at the moment the registration process is finished and/or hires any service through this web page the user accepts and it is subject to the clauses specified from this point forward.
Hiring the services of THE CONSTRUCT and/or buying products through the above mentioned web page, entails the User/Customer the acceptance of being of legal age as well as the acceptance of the present “Terms and Conditions” and “Privacy Policy” establishing a valid contract between the parts.
The texts before mentioned which regulate the services of THE CONSTRUCT are accessible and are permanently available in our web page theconstructsim.com and in the following links: “Terms and Conditions” and “Privacy Policy” respectively indicating the last update. All of our contracts fulfill the current legislation and are subject to Law 34/2002 from the Society Information Services and Electronic Trade of Spain (Servicios de la Sociedad de la Información y del Comercio Electrónico), as well as the General Contracting Conditions Law (Law 7/98) and the Real Edict 1906/1999 of electronic contracting with the general hiring conditions.
2.- CONTRACTING PARTIES.
The present contract undersigned through the web page theconstructsim.com, from here on Web Site, on one part commercial company THE CONSTRUCT SIM, S.L, address Pallars 111, 4-3 08018, Barcelona, Spain, having European VAT nº ES-B-66615543, registered at the Commercial Registry from BARCELONA, hoja B-474075, tomo 45007, folio 29 from here on THE CONSTRUCT.
And the other part, the CLIENT, whose information is provided through registration forms which THE CONSTRUCT makes available through this web page, to proceed in the hiring or purchasing of the service and/or product freely chosen and specified under the present contract. The CLIENT states that he/she is of legal age and that the information given is accurate, updated, personal and provided freely.
We do not sell products to minors. The products we sell must be bought by adults. Minors under the age of 18 could make use of the services of THE CONSTRUCT only under parent or tutor supervision.
3.-OBJECT.
The present General Contracting Conditions have as an objective the hiring and the acceptance of the services provided by the supplier THE CONSTRUCT and its CLIENTS in relation with the products offered on its web site, from the order placement, payment and delivery as well as the after-sale service under the terms established on the present contract.
4.-SERVICE CONDITIONS
Commercial conditions of this service and the eventual offers which may be offered by THE CONSTRUCT, always appear on the web theconstructsim.com, and are available for consultation, filing or printing. THE CONSTRUCT reserves the right to modify, at any moment, the present Contracting Conditions as well as any other document shown on the Web Site.
5.-RESPONSIBILITIES
THE CONSTRUCT is responsible for the reliability, authenticity and accuracy of the contents, data or information regarding the offered products on the web site, unless these have been modified by a third party, foreign or not to the organization, without an explicit authorization from the company. The service given by THE CONSTRUCT is limited exclusively to making the products offered on the web site available for clients.
The CLIENT commits to fulfill what is established under the “Privacy Policy” and the present “General Conditions” published by THE CONSTRUCT on its web site at the moment of purchasing a product.
6.- PRICE, CONDITIONS, SHIPPING AND FORM OF PAYMENT.
Price.- In compensation for the requested products, the CLIENT accepts to pay THE CONSTRUCT the specified amount established in the area of prices on the web site. Such prices include the corresponding taxes (VAT)
Retail price established on the web are shown in euros (€) and they do not include shipping expenses or bank transfer commissions. THE CONSTRUCT reserves the right to modify the prices at any moment. However, THE CONSTRUCT is committed to applying the prices published on the web at the moment the final order is placed.
Form of payment.- Payment must always be done prior to the product delivery. For this reason THE CONSTRUCT will not give the service and/or requested products until it has received appropriate payment.
THE CONSTRUCT reserves the right to refuse delivery or process of a CLIENT’s order which hasn’t been fully paid.
Payment is only accepted through online credit card payment or bank transfer.
The credit card payment is managed by Stripe. Customers’ financial information is never provided to THE CONSTRUCT by Stripe. Stripe encodes and protects your credit card number. Pay online by simply giving your email address and password.
7.-PURCHASING PROCEDURE
To this day the service contracting procedure is completely electronic. Therefore it is necessary to be registered as a web site User. The CLIENT can buy subscription models, that is, subscriptions to access the private content of our website.
The steps are the following:
1º Select the level of subscription– You can access the subscription listing by clicking on the related link labeled with the ‘Subscribe’ label.
Selecting a subscription will access the specific information about the subscription levels available (Level, Time, Packed, ECT.., its picture and price in euros (€).
Different level options are available. After selecting the most convenient one, you will be redirected to the Stripe payment page were you will be able to review the product you are about to subscribe and the final amount to pay.
Then you will be redirected to Stripe, to proceed with the payment.
2º » Identify– The next step is to identify with your code if you are already a Stripe client or fill out the registration form if it is the first time you are buying anything from our shop. Once you have registered you will find a form to fill out with invoice and shipping information. The total amount of your purchase will be shown, shipping expenses which you will be required to choose according to the shipping information and choose the payment method.
3º » Consent to the Legal Terms. At this time you must state having read and accepted the present “Terms and Conditions” and the “Privacy Policy”. We strongly advise to fully read the above mentioned sections as they contain important information about the company, the conditions which regulate and connect your commercial relationship with THE CONSTRUCT as well as relevant information about your rights and the way in which we deal with your personal information.
4º » Finalize your purchase – Once all your information is correct, verified and you have accepted the terms and pertinent legal policies, under the sole responsibility of the client, you must click [Make Purchase] to agree and finalize the order. Subsequently, a screen will be shown with a number assigned to your purchase and other details regarding your order.
5º » Purchase Confirmation. In less than 24 hours, you will receive a confirmation email containing the details of your purchase as well as methods for modification or cancellation.
8.-CANCELLING THE ORDER.
THE CLIENT has the rights to cancel the order within the next 30 days to get a full refund of his last payment, by sending an email request for refund to the following address: info@theconstructsim.com
9.-DELIVERY.
Once the order is prepared, it is delivered through on-Line. The delivery is considered done once the order is given to the CLIENT by Links or Passwords… electronic…
Term: Delivery will be done within the days established on the chart (number 6) of this contract always being business days and the first day being the day after receiving the order. If any logistic or unforeseen circumstances or in the event of a major problem which could prevent the delivery on time causing a delay, THE CONSTRUCT would try to inform the CLIENT as soon as possible and when the cause of the delay is known.
It is the CLIENT’s sole responsibility to verify the order at the time of its delivery. The client must confirm that all the order references have arrived and identify any missing one. If subsequently the client recognizes a problem such as broken piece, hit or damage, he/she is responsible of communicating it to the following email address info@theconstructsim.com, to THE CONSTRUCT within 24 hrs. Maximum from the delivery date.
10.-EXCHANGES AND RETURNS
Returns.- In the case the CLIENT requests the return of an ordered product and wishes money to be reimbursed without any justification within 30 days of the product’s delivery, the client must notify THE CONSTRUCT to the following email info@theconstructsim.com The CLIENT must explain the reason and the total amount of the cost will be reimbursed.
Exchange.- In the case the CLIENT wishes to exchange the purchased license level, capacity, time etc…within 24 hrs of its delivery, it must be notified to THE CONSTRUCT via email info@theconstructsim.com, the details of the purchased license and the license it will be exchanged for.
Once the explanation is received, THE CONSTRUCT will proceed to the change of the new requested subscription level to the CLIENT.
Under this circumstance, THE CONSTRUCT, reserves the right to make any changes according to the existence or situation of the new product requested by the client.
THE CONSTRUCT reserves the right to deny the exchange or return of one of its license with no regard to its attribution to the CLIENT or THE CONSTRUCT if the returned license does not full fill the following requirements and/or conditions:
- a) The client aim was definitely to use the license for free from the beginning.
- b) The client provided his/her account to other people to make use.
If the return were not accepted by THE CONSTRUCT, previous communication notice, due to the returned product or exchange intended has been used, these products …
The possibility of the return to the account or CLIENT card used to purchase the product, will depend on the card and the issuing bank. In case this method is not possible, the CLIENT must provide an account number to which the reimbursement will be made to.
11.-VALIDITY OF PURCHASING PROCEDURE AS PROOF OF ACCEPTANCE AND IMPROVEMENT OF THE CONTRACT
Both parts state that the acceptance of products/services provided by THE CONSTRUCT and purchased by the CLIENT, is a conscious decision and that it takes place through the purchase procedure described under number 7 of this contract, PURCHASING PROCEDURE of the current “Terms an Conditions” and “Privacy Policy”.
Following up the purchase procedures described under number 7 of this contract to place orders by the CLIENT implies its full acceptance.
12.-PARTIAL ANNULMENT
If any part of these service conditions were contrary to the Law and therefore not valid, this will not affect other law provisions and the rest of the current contract will remain in effect.
13.-APPLICABLE LAW AND JURISDICTION
For any contentious disputes related to the Contracting Conditions between THE CONSTRUCT and its CLIENTS or matters related to web site theconstructsim.com property of THE CONSTRUCT, Spanish Law will be applied for the resolution of any conflict related with the purchasing of a product or service from THE CONSTRUCT, through the competent Courts and Tribunals in Barcelona (Spain).
For complaints related to the use of our services, please contact info@theconstructsim.com