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GENERAL CONDITIONS
1. Definitions In these conditions, the following definitions apply: 1.1 Cooling-off period: the timeframe during which the consumer may exercise the right of withdrawal; 1.2 Consumer: the natural person who is acting in a professional or business capacity and engages in a distance contract with Decollorca; 1.3 Day: calendar day; 1.4 The Software: the software and/or applications used by Decollorca that are not specifically developed for the Client. 1.5 Durable data carrier: any means that allows the consumer or entrepreneur to store information intended for personal use in a manner that facilitates future consultation and unchanged reproduction of the stored information. 1.6 Right of withdrawal: the consumer's ability to cancel the distance contract within the cooling-off period; 1.7 Office hours: weekdays from 8:30 a.m. to 12:30 a.m. and from 2 p.m. to 6 p.m. 1.8 Client: an individual who enters into an agreement (whether in person or remotely) with Decollorca; 1.9 Distance Contract: an agreement in which, as part of a system organized by Decollorca for the distance selling of products and/or services, one or more techniques for distance communication are used up to and including the termination of the agreement; 1.10 Software: computer programs stored on computer-readable media along with the accompanying documentation, including any updates that may be provided. 1.11 Technology for distance communication: means that can be used to conclude an agreement without the Client and Decollorca being present in the same room at the same time. 1.12 Business Days: Monday through Friday, excluding legally recognized holidays.
2. Identity of the entrepreneur In compliance with art. 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI+CE), you are hereby informed: Acting under the name Caracterize Establishment address: C. Cala Marsal, 15 6B 07670 Baleares Islands Email: hello@decollorca.es Phone: 613-056 796 Accessible on working days between 8.30 a.m. to 12.30 a.m. and from 2 p.m. to 6 p.m. CET Chamber of Commerce of Mallorca VAT ES. B10797116
3. Applicability, offers and agreements · 3.1 These general conditions and terms apply to all offers, deliveries, and agreements made by or concluded with Decollorca regarding the provision of presentation services and/or software. · 3.2 Before the agreement (whether remotely or not) is concluded, the text of these general terms and conditions. If this is not reasonably possible, it will be stated prior to the conclusion of the distance contract that the general terms and conditions can be reviewed at Decollorca.com, and they will be sent free of charge as soon as possible upon the Client's request. · 3.3 If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is finalized, the text of these general terms and conditions can be made available to the Client electronically in a manner that allows the Client to easily store it on a durable data carrier. If this is not reasonably feasible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be accessed electronically and that, upon the Client's request, they will be sent free of charge by electronic means or otherwise charge.3.4 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the Client may, in the event of conflicting general terms and conditions, always invoke the applicable provision that is most applicable to him. favorable. · 3.5 These terms and conditions can only be altered explicitly in writing. If any provision of these general terms and conditions is deviated from, the other provisions will remain in full effect unless expressly agreed otherwise. · 3.6 All offers, quotations, etc., made by Decollorca, and announcements regarding the nature and duration of the services to be delivered- which can only be provided roughly based on normal circumstances- are entirely without obligation unless explicitly stated otherwise. All website specifications, brochures, and quotations are made as accurately as possible. However, Decollorca is in no way liable for the consequences of any errors. The client must consider changes in this. · 3.7 Any general terms and conditions put forth by the Client are explicitly rejected. · 3.8 If Decollorca (partly) acts as the buyer of goods and/or services, and/or performs (legal) actions for the benefit of the Client, the general terms and conditions applicable to that aforementioned relationship (whether from Decollorca or another party) also apply, in addition to these general terms and conditions governing the legal relationship between the Client and Decollorca. In the event of a conflict between these general terms and conditions and the conditions of third parties, these general terms and conditions shall prevail. The conditions from third parties (or differing conditions from Decollorca that may apply) will be provided to the Client upon their first request. · 3.9 If and to the extent that Decollorca provides third-party software to the Client, the terms and conditions of those third parties will also apply to that software, superseding the provisions of these General Terms and Conditions. Insofar as the Client enters into a (license) agreement with these third parties, this license agreement will govern the relationship between the relevant third parties and the Client. The Client accepts the terms and conditions and, if applicable, the license agreement from these third parties. The conditions are available for inspection by the Client at Decollorca, and Decollorca will send these General Terms and Conditions to the Client free of charge upon request. 3.10 Decollorca does not guarantee the reliability of the delivered software that is the subject of the license agreement between the Client and any third party.
4. Price and payment 4.1 All prices exclude sales tax (VAT) and other government-imposed levies unless otherwise stated. Decollorca may pass on to the Client any changes in the factors affecting the price, including purchase prices, exchange rates, import and export duties, insurance rates, freight charges, and any other taxes or levies due on import or export. · 4.2 The Client will pay all invoices according to the payment terms specified on the invoice. If no specific terms are indicated, the Client will remit payment within 14 days from the invoice date. Payment shall occur without any deductions, compensations, or suspensions for any reason. · 4.3 Decollorca reserves the right to require that a Client make an advanced payment in an amount to be determined. · 4.4 If the Client is not a consumer, he may cancel an order by notifying Decollorca via email or telephone. A cancellation is deemed effective in such cases if Decollorca has marked/written it as such. Any associated costs for the cancellation will be confirmed in the order confirmation or in agreements with the Client. No costs will be incurred with a cancellation if: * 4.4.1 A start has been made with the agreed activities; * 4.4.2 The product or service has not yet been delivered in full or in part; * 4.4.3 If the cancellation relates to an appointment on location, and the cancellation occurs no later than 5:00 pm two working days before the appointment date. * 4.5 If the Client does not pay the amounts due within the agreed period, the Client is automatically in default upon the mere expiry of the term. The entire claim, including any future installments, will be immediately due, and Decollorca (at Decollorca's option) is entitled to the relevant agreement and/or to increase the claim with an interest rate of 1.5% per month, starting on the day after the payment term expires, where a part of a month is counted as a full month. 4.6 If the Client defaults on the full payment of amounts invoiced by Decollorca, the Client will be responsible for the extrajudicial (collection) costs owed to Decollorca, as explained below: · 4.6.1 Insofar as the Client is a consumer, Decollorca is entitled to an amount equal to the statutory maximum allowable reimbursement for extrajudicial collection costs, as determined and calculated in accordance with the Reimbursement for extrajudicial collection costs, provided that the outstanding amount – after the commencement of the default – has not been addressed with a reminder within 14 days from the day after the reminder by Decollorca met. 4.6.2 Insofar as the Client acted in the exercise of a profession or business, the Decollorca, in derogation of article 6:96, paragraph 5 of the Spanish Civil Code, and in derogation of the Decree on compensation for extrajudicial collection costs, is entitled to compensation and payment of the extrajudicial (collection) costs. These costs will be set at an amount equal to 15% of the total outstanding principal sum, with a minimum of € 40.00 for the first invoice that is partially or completely unpaid. · 4.7 A payment is first deducted from the collection costs, then from the interest due, and finally from the principal sum. · 4.8 If a staggered payment arrangement has been made with the client and/or a debit authorization has been issued, payment will be processed according to the agreed frequency and/or period. Decollorca reserves the right to charge a € 7.50 reversal fee if a collection attempt is reversed for any reason. · 4.9 All prices in the offers mentioned by Decollorca, as referenced in article 3.6, apply solely to these offers and may be adjusted until the agreement is accepted by Decollorca. · 4.10 Prices may be increased after the agreement is concluded based on external factors such as increases in taxes, delivery costs, currency rates, freight charges, wages, social charges, import duties, levies, or other charges. · 4.11 Decollorca is entitled to suspend the work’s delivery and/or further performance as long as the Client has not fulfilled all obligations towards Decollorca. This right of suspension remains in effect until the Client has satisfied his obligations unless Decollorca intervenes in the meantime to exercise his right to dissolve the agreement. This does not affect Decollorca’s right to compensation. 4.12 Decollorca may increase the agreed fees annually by providing written notification to the Client, using a percentage equal to the CBS price index figure (CBI all households).
5. Right of withdrawal for consumers * 5.1 If the Client is a consumer, they can invoke their right of withdrawal. * 5.2 The consumer can enter into an agreement regarding purchasing a product or a service that has not been delivered on a tangible medium during a cooling-off period of 14 days. Decollorca may inquire about the reason for withdrawal, but the consumer is not required to provide one (s). 5.3 The cooling-off period referred to in paragraph 5.2 goes into: 5.3.1 For a product: the day after the consumer, or a third party designated by the consumer in advance, receives the product; or if the consumer has ordered several products in the same order: the day on which the consumer or a designated third party receives the last product. 5.3.2 For a service that is not delivered on a tangible medium: the day following the conclusion of the contract.
· 6. Exercise of the right of withdrawal by the consumer and associated costs 6.1 If the consumer exercises his right of withdrawal, he must notify Decollorca via email or another clear method within the reflection period. · 6.2 The consumer bears the risk and burden of proof for the correct and timely exercise of the right of withdrawal. · 6.3 The consumer shall incur no costs for the full or partial delivery of a product or service not provided on a tangible medium if: 6.3.1 The revocation occurs no later than two working days before the scheduled appointment date for service with the consumer or a third party designated by the consumer in advance or; · 6.3.2 The consumer has not explicitly agreed to begin the performance of the agreement prior to the end of the cooling-off period and has not acknowledged the loss of his right of withdrawal when providing his consent, or 6.3.3 Decollorca has not confirmed the consumer's declaration mentioned in ii. 6.4 If the consumer exercises his right of withdrawal, all additional agreements will automatically be dissolved by operation of law. * 7. Decollorca's obligations in the event of withdrawal * 7.1 If Decollorca allows the consumer to notify withdrawal electronically, it will immediately send an acknowledgment of receipt upon receiving this notification notification.7.2 Decollorca will reimburse all consumer payments without delay but within 14 days following the consumer's notification of withdrawal. * 7.3 Decollorca will reimburse the consumer using the same payment method unless the consumer agrees to another method. The reimbursement is free of charge for the consumer. * 8. Exclusion of right of Withdrawal 8.1 Decollorca may exclude specific products and services from the right of withdrawal, provided that Decollorca has clearly stated this in the offer, at least before the conclusion of the agreement: 8.1.1 Service agreements are valid after the full implementation of the service, but only if performance has begun with the express prior consent of the consumer, who has declared that he loses the right of withdrawal as soon as the entrepreneur has fully executed the agreement; * 8. 1.2 Products made according to the consumer’s specifications, which are not prefabricated and are produced based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;8.1.3 Products that, by their nature, are irrevocably mixed with other products after delivery; * 8.1.4 The delivery of digital content other than on a tangible medium, but only if the performance has begun with the consumer’s express prior consent, and the consumer has declared that he loses his right of withdrawal. * 9. Retention * 9.1 All items delivered to the Client remain the property of Decollorca until the Client has fully paid Decollorca for the invoices related to the delivery of the aforementioned goods. This includes any claims against the Client regarding the work performed (under an agreement) for his benefit (relating to the delivery of the aforementioned goods) and claims due to deficiencies in performance. This also encompasses all collection costs and interest on the costs associated with the agreement concluded between Decollorca and the Client. 9.2 The Client is not entitled to alienate all or part of the goods delivered under title retention, pledge them to third parties, or transfer them as property for security purposes. 9.3 If the Client breaches the agreement with Decollorca, then Decollorca is entitled to immediately reclaim the delivered goods without any formalities and/or to retrieve them. The Client is obliged to provide Decollorca access to all areas in use within that company. This is without prejudice to Decollorca's right to seek compensation from the Client. 9.4 Decollorca retains the aforementioned rights in the event of payment suspension, application for suspension of payments, bankruptcy, or liquidation of any of the Client's assets.
* 7. Decollorca's obligations in the event of withdrawal * 7.1 If Decollorca allows the consumer to notify withdrawal electronically, it will immediately send an acknowledgment of receipt upon receiving this notification notification. 7.2 Decollorca will reimburse all consumer payments without delay but within 14 days following the consumer's notification of withdrawal. * 7.3 Decollorca will reimburse the consumer using the same payment method unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
* 8. Exclusion of right of Withdrawal 8.1 Decollorca may exclude specific products and services from the right of withdrawal, provided that Decollorca has clearly stated this in the offer, at least before the conclusion of the agreement: 8.1.1 Service agreements are valid after the full implementation of the service, but only if performance has begun with the express prior consent of the consumer, who has declared that he loses the right of withdrawal as soon as the entrepreneur has fully executed the agreement; * 8. 1.2 Products made according to the consumer’s specifications, which are not prefabricated and are produced based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;8.1.3 Products that, by their nature, are irrevocably mixed with other products after delivery; * 8.1.4 The delivery of digital content other than on a tangible medium, but only if the performance has begun with the consumer’s express prior consent, and the consumer has declared that he loses his right of withdrawal.
* 7. Decollorca's obligations in the event of withdrawal * 7.1 If Decollorca allows the consumer to notify withdrawal electronically, it will immediately send an acknowledgment of receipt upon receiving this notification notification. 7.2 Decollorca will reimburse all consumer payments without delay but within 14 days following the consumer's notification of withdrawal. * 7.3 Decollorca will reimburse the consumer using the same payment method unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
* 9. Retention * 9.1 All items delivered to the Client remain the property of Decollorca until the Client has fully paid Decollorca for the invoices related to the delivery of the aforementioned goods. This includes any claims against the Client regarding the work performed (under an agreement) for his benefit (relating to the delivery of the aforementioned goods) and claims due to deficiencies in performance. This also encompasses all collection costs and interest on the costs associated with the agreement concluded between Decollorca and the Client. 9.2 The Client is not entitled to alienate all or part of the goods delivered under title retention, pledge them to third parties, or transfer them as property for security purposes. 9.3 If the Client breaches the agreement with Decollorca, then Decollorca is entitled to immediately reclaim the delivered goods without any formalities and/or to retrieve them. The Client is obliged to provide Decollorca access to all areas in use within that company. This is without prejudice to Decollorca's right to seek compensation from the Client. 9.4 Decollorca retains the aforementioned rights in the event of payment suspension, application for suspension of payments, bankruptcy, or liquidation of any of the Client's assets.
10. Client cooperation · 10.1 Given the necessity for the Client to cooperate in executing the agreement, the Client will always provide Decollorca with all correct, useful, and necessary data or information and will also keep them informed about ongoing developments within its organization.10.2 The Client is responsible for using and properly applying the equipment, software, and services that Decollorca provides in its organization. · 10.3 If it has been agreed that the Client will provide equipment, materials, or data (whether on information carriers or not), they must ensure compliance with the necessary specifications for executing the work. The supplied data must always be correct, complete, and consistent unless explicitly stated otherwise otherwise. · 10.4 If the information necessary for executing the agreement is not available, timely, or in accordance with the agreements, or if the Client does not fulfill its obligations in any other manner, this may lead to the suspension of executing the agreement and additional costs according to Decollorca’s usual rates may be incurred charged. · 10.5 The Client shall provide assistance, including sufficient manpower and capacity, such as connections, hardware, and other facilities necessary to connect with the Software as a Service (SaaS) applications and stand. · 10.6 If the Client does not fully and/or timely provide Decollorca with the required capacity, information, or personnel, Decollorca is entitled to suspend the work. This may result in delays and/or issues in providing (software) applications without Decollorca being obligated to compensate for any damages. The Client is responsible for any (additional) costs incurred by Decollorca. · 10.7 The Client shall at all times ensure that the equipment and system software used by the Client and its customers, who utilize the applications offered by Decollorca, comply with the minimum requirements established by Decollorca.10.8 The Client is responsible for the proper use and application of the software applications within its organization and its customers and for supervising and controlling the necessary security procedures.
11. Delivery term 11.1 All delivery terms mentioned by Decollorca are indicative to the best of their knowledge and can never be regarded as a deadline unless expressly agreed otherwise. If the delivery term is exceeded, Decollorca will inform the Client as soon as possible. An exceeding of the delivery time does not entitle the Client to compensation, nor can the Client claim termination of the agreement.
12. Liability of Decollorca · 12.1 Decollorca can not be held liable for errors or omissions in the software used by them, including, but not limited to, The Software. Decollorca only accepts liability in accordance with the provisions of this Article. · 12.2 The Client acknowledges that digital drawings, regardless of the software used or their form or capacity, are provided “as is” without any express or implied guarantees, except as outlined in Article 20 of these general terms and conditions. 12.3 Decollorca can not guarantee that the software used by them, including explicitly included but not limited to The Software, will be uninterrupted and/or error-free. · 12.4 If the Client chooses a specific software, it assumes full responsibility for this decision, even if the choice was influenced by the information provided by Decollorca. 12.5 Decollorca is never liable for any damage to the Client, including consequential damage, immaterial damage, trading losses, loss of orders, loss of profits, etc. * 12.6 Damage, as defined in this article, specifically means: * 12.6.1 The reasonable costs that the Client has demonstrated to ensure Decollorca's performance aligns with the agreement reached between the parties. * 12.6.2 The reasonable costs incurred to determine the cause and extent of the damage, as long as the determination relates to damage as defined in this article; · 12.6.3 The reasonable costs incurred to prevent or limit damage, provided the Client demonstrates that these costs have effectively contributed to limiting damage as defined in this article. 12.7 Decollorca’s liability, as referred to in the previous paragraph, as well as any other liability arising from other facts or circumstances, shall in no event exceed the reimbursement of the invoice value (excluding VAT) for the relevant delivered service for the preceding month or the re-delivery of that service, at the option of Decollorca, and to the extent that Decollorca is able to supply similar products and/or services. * 12.8 Decollorca's liability is limited to the amount covered by any liability insurance in relation to the relevant damage for a given case. * 12.9 Notwithstanding the provisions of the preceding paragraphs of this article, Decollorca is never liable for any damage, for any reason, arising from facts and/or circumstances attributable to third parties appointed by the Client, regardless of whether these third parties were ultimately commissioned by Decollorca. * 12.10 The Client is fully and completely responsible for its own choice with respect to these third parties, and the activities performed by these third parties are entirely at the expense and risk of the Client or those third parties. · 12.11 The Client indemnifies Decollorca against all claims that these third parties may invoke regarding any damage arising from the Client’s use of the supplied software Decollorca. 12.12 Any action, for any reason and whether or not based in law, must be instituted within one month after the relevant incident that leads the Client to believe Decollorca is liable for the damage suffered by the Client.
· 13. Delivery Term · 13.1 If Decollorca can not fulfill its obligations to the Client due to a non-attributable shortcoming (“force majeure”), those obligations shall be suspended for the duration of the force majeure situation. · 13.2 Force majeure refers to any circumstance beyond Decollorca's control, even if it was foreseeable at the time the agreement was concluded, that prevents compliance with the agreement either temporarily or permanently or makes it unreasonable or impossible to continue observing the agreement. Full compliance by Decollorca may be demanded to the extent not affected by such circumstances. already included, Not complete and/or delayed delivery by suppliers of Decollorca, import and export prohibitions, measures from Spanish and/or foreign government bodies making the execution of the agreement more difficult and/or costly than anticipated at its conclusion, work strikes and/or company occupations, traffic jams, loss or damage during transport, fire, theft, energy supply failures, machine defects, and all incidents within Decollorca as well as among the suppliers, in addition to any other causes arising outside the control and/or intention of Decollorca. 13.3 If one of the parties can not fulfill its obligations from the agreement with the Client due to force majeure, Decollorca has the right to terminate this agreement, in whole or in part, and/or to suspend its performance without any compensation being owed.