GENERAL TERMS AND CONDITIONS OF SALE
www.altacapacidad.com
- GENERAL INFORMATION
The ownership of this website www.altacapacidad.com, (hereinafter Website) is held:
Alta Capacidad SL, with NIF: B84097773 and registered in: Mercantile Registry of
Madrid; and whose registration data are: Volume 20,486 Folio 41 Page M-362515, and
whose contact details are:
Address: C/Narváez 51 4a
Contact telephone number: +34 678440654
Contact email: bvalderrama@altacapacidad.com
This document (as well as other documents mentioned herein) regulates the conditions
governing the use of this Website (www.altacapacidad.com) and the purchase or
acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Alta
Capacidad carries out through the Website includes: Self-diagnosis questionnaires,
coaching/mentoring sessions, training courses, self-development guides In addition to
reading these Conditions, before accessing, browsing and/or using this website, the
User must have read the Legal Notice and the General Conditions of Use, including,
the cookies policy, and the privacy and data protection policy of Alta Capacidad. By
using this Website or by making and/or requesting the acquisition of a product and/or
service through it, the User consents to be bound by these Conditions and by all of the
above, so if you do not agree with all of them, you should not use this Website.
Likewise, it is reported that these Conditions may be modified. The User is responsible
for consulting them every time he/she accesses, browses and/or uses the Website,
since those that are in force at the time the acquisition of products and/or services is
requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she may
contact the owner using the contact details provided above or, where appropriate,
using the contact form. - THE USER
Access, browsing and use of the Website confers the status of user (hereinafter
referred to, indistinctly, individually as a User or jointly as Users), so that all the
Conditions established herein are accepted, as well as their subsequent modifications,
from the moment browsing the Website begins, without prejudice to the application of
the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility
shall extend to: Making use of this Website solely for legally valid enquiries and
purchases or acquisitions. Do not make any false or fraudulent purchases. If such a
purchase could reasonably be considered to have been made, it could be cancelled
and the relevant authorities would be informed. Provide truthful and lawful contact
details, e.g. e-mail address, postal address and/or other data (see Legal Notice and
General Terms and Conditions of Use).
The User declares that he/she is over 18 years of age and has the legal capacity to
enter into contracts through this Website.
The User may, at their option, formalise the contract for the sale of the desired products
and/or services in any of the languages in which these Conditions are available on this
Website.
- PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and forms
established. They must follow the online purchase and/or acquisition procedure of
www.altacapacidad.com, during which several products and/or services can be
selected and added to the cart, basket or final shopping space and, finally, click on:
“Buy and pay now” Likewise, the User must fill in and/or check the information
requested at each step, although, during the purchase process, before making the
payment, the purchase details can be modified.
The User will then receive an email confirming that Alta Capacidad has received their
order or request for purchase and/or provision of the service, i.e. the order
confirmation, as well as the link to download the product.
Once the purchase procedure has been concluded, the User consents to the Website
generating an electronic invoice that will be sent to the User via email.
The User acknowledges that he/she is aware, at the time of purchase, of certain
particular conditions of sale concerning the product and/or service in question and
which are displayed on the Website; and acknowledges that the execution of the
purchase or acquisition order materializes the full and complete acceptance of the
particular conditions of sale applicable to each case.
Communications, purchase orders and payments that intervene during transactions
carried out on the Website may be archived and kept in the computerized records of
High Capacity in order to constitute a means of proof of the transactions, in any case,
respecting the reasonable conditions of security and the laws and regulations in force
that are applicable in this regard, and particularly in view of Regulation (EU)
2016/679 of the European Parliament and of the Council, of 27 April 2016, on the
protection of natural persons with regard to the processing of personal data and on the
free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the
Protection of Personal Data and guarantee of digital rights, and to the rights of Users
in accordance with the privacy policy of this Website. - AVAILABILITY
All purchase orders received by Alta Capacidad through the Website are subject to the
availability of the products and/or to the fact that no circumstance or cause of force
majeure (clause nine of these Conditions) affects the supply of the same and/or the
provision of the services. If there are difficulties in the supply of products or there are
no products left in stock, Alta Capacidad undertakes to contact the User and refund
any amount that may have been paid as an amount. This will also apply in cases where
the provision of a service becomes unfeasible. - PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless
indicated by law, especially in relation to VAT.
Under no circumstances will the Website automatically add additional costs to the price
of a product or service, but only those that the User has selected and chosen
voluntarily and freely.
Prices may change at any time, but any changes will not affect orders or purchases in
respect of which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, and Bank transfer
Alta Capacidad uses all means to guarantee the confidentiality and security of the
payment data transmitted by the User during transactions through the Website. As
such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorisations by the bank issuing them, if
said entity does not authorise payment, Alta Capacidad will not be responsible for any
delay or non-delivery and will not be able to formalise any contract with the User.
Once Alta Capacidad receives the purchase order from the User through the Website,
a pre-authorization will be made on the corresponding card to ensure that there are
sufficient funds to complete the transaction. The card will be charged at the time the
shipping confirmation is sent to the User.
In any case, by clicking on “Buy and pay now” the User confirms that the payment
method used is his/her own.
Purchase or acquisition orders in which the User selects bank transfer as a means of
payment will be reserved for 5 calendar days from the confirmation of the order in order
to allow sufficient time for the bank transfer to be taken into account by the payment
system used by Alta Capacidad for the Website. When the system receives the
transfer, the order will be prepared and processed for shipment.
Using this payment method, the User must ensure that he/she correctly enters the
exact amount of the purchase order, as well as the account number and the transfer
reference. In the event of an error, Alta Capacidad will not be able to validate the order,
which will be cancelled.
- DELIVERY
Except in those cases in which there are unforeseen or extraordinary circumstances or,
where appropriate, derived from the personalisation of the products, the purchase
order consisting of the products listed in each purchase confirmation will be delivered
within the period indicated on the Website according to the shipping method selected
by the User and, in any case, within a maximum period of 30 calendar days from the
date of order confirmation.
If, for any reason, which is attributable to it, Alta Capacidad is unable to meet the
delivery date, it will contact the User to inform them of this circumstance and they may
choose to go ahead with the purchase by establishing a new delivery date or cancel
the order with a full refund of the price paid.
The risks that may arise from the products will be borne by the User from the moment
of their delivery. The User acquires ownership of the products when Alta Capacidad
receives full payment of all amounts due in relation to the purchase or acquisition
made, including shipping costs, or at the time of delivery, if this takes place at a time
after the full receipt of the amount to be paid by Alta Capacidad.
In accordance with the provisions of Law 37/1992, of 28 December, on Value Added
Tax (VAT), purchase orders for delivery and/or provision will be understood to be
located in the territory of application of Spanish VAT if the delivery address is in
Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate
will be the one legally in force at all times depending on the specific article in question.
- TECHNICAL MEANS TO CORRECT ERRORS
The User is hereby informed that in the event that he/she detects that an error has
occurred when entering the data necessary to process his/her purchase request on the
Website, he/she may modify them by contacting Alta Capacidad through the contact
spaces provided on the Website, and/or using the contact details provided in the first
clause (General Information). Likewise, this information may also be corrected by the
User through their personal area of connection to the Website.
In any case, the User, before clicking on “Buy and pay now”, has access to the space,
cart, or basket where their purchase requests are noted and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of
Use and, specifically, the Privacy Policy to obtain more information on how to exercise
their right to rectification as established in Regulation (EU) 2016/679 of the European
Parliament and of the Council, of 27 April 2016, on the protection of natural persons
with regard to the processing of personal data and the free circulation of this data
(GDPR) and in Organic Law 3/2018, of 5 December, on the Protection of Personal
Data and guarantee of digital rights. - WITHDRAWAL AND RETURNS
According to Article 103 of the General Law of Consumers and Users, the supply of
digital content that is not provided in a material medium does not give rise to the right
of withdrawal or return.
In this same sense, the provision of a service that the User may contract on this
Website is governed, since this same Law establishes that the Right of withdrawal will
not apply to Users when the provision of the service has been fully executed, or when it
has begun, with the express consent of the consumer and user and with the
recognition by them that they are aware that, once the contract has been fully
executed by Alta Capacidad, you will have lost your right of withdrawal.
In any case, the rights recognised in the legislation in force at all times for the User, as
a consumer and user, will always be respected.
Guarantees The User, as a consumer and user, enjoys guarantees on the products that
may be purchased through this Website, under the terms legally established for each
type of product, and High Capacity is therefore liable for the lack of conformity of the
same that manifests itself within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract
provided that: they conform to the description made by Alta Capacidad and possess
the qualities presented therein; are suitable for the uses to which products of the same
type are ordinarily intended; and present the usual quality and performance of a
product of the same type and that are fundamentally expected from it. - DISCLAIMER
Unless otherwise provided by law, Alta Capacidad will not accept any liability for the
following losses, regardless of their origin: any losses that are not attributable to any
breach on your part; business losses (including loss of profits, revenue, contracts,
anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or any
other indirect loss that was not reasonably foreseeable by both parties at the time the
contract for the sale of the products was entered into between the two parties.
Likewise, Alta Capacidad also limits its liability in the following cases:
Alta Capacidad applies all measures concerning providing a faithful display of the
product on the Website, however, it is not responsible for the slightest differences or
inaccuracies that may exist due to lack of screen resolution, or problems with the
browser used or others of this nature.
Technical failures that, due to fortuitous or other causes, prevent the normal operation
of the service through the Internet. Unavailability of the Website for maintenance or
other reasons, which prevents the service from being available.
Alta Capacidad puts all the means at its disposal in order to carry out the process of
purchase, payment and shipping/delivery of the products, however it is exempt from
liability for causes that are not attributable to it, fortuitous event or force majeure.
In general, Alta Capacidad will not be responsible for any failure or delay in the
fulfillment of any of the obligations assumed, when it is due to events that are beyond
its reasonable control, that is, that are due to force majeure.
In this way, the obligations will be suspended during the period in which the force
majeure event continues, and Alta Capacidad will have an extension in the term to
comply with them for a period of time equal to the duration of the force majeure event.
Alta Capacidad will put all reasonable means to find a solution that allows it to comply
with its obligations despite the force majeure cause.
- WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, the User agrees that most communications with High Capacity
will be electronic (e-mail or notices published on the Website).
For contractual purposes, the User consents to the use of this electronic means of
communication and acknowledges that all contracts, notices, information and other
communications that Alta Capacidad sends electronically comply with the legal
requirements of being in writing. This condition shall not affect the rights recognized by
law to the User.
The User may send notifications and/or communicate with Alta Capacidad through the
contact details provided in these Conditions and, where appropriate, through the
contact spaces of the Website.
Likewise, unless otherwise stipulated, Alta Capacidad may contact and/or notify the
User by email or at the postal address provided. - WAIVER
No waiver by Alta Capacidad of a specific right or legal action or the failure of Alta
Capacidad to require strict compliance by the User with any of its obligations shall
imply a waiver of other rights or actions arising from a contract or the Conditions, nor
shall it exonerate the User from compliance with its obligations.
No waiver by Alta Capacidad of any of these Terms or of rights or actions arising from a
contract shall have effect, unless it is expressly stated to be a waiver and is formalized
and communicated to the User in writing.
- NULLITY
If any of these Conditions are declared null and void by a final resolution issued by a
competent authority, the rest of the clauses will remain in force, without being affected
by said declaration of nullity. - ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the entire
agreement between the User and Alta Capacidad in relation to the object of sale and
replace any other previous pact, agreement or promise agreed orally or in writing by
the same parties.
The User and Alta Capacidad acknowledge that they have consented to the conclusion
of a contract without having relied on any statement or promise made by the other
party, except that which is expressly mentioned in these Conditions. - DATA PROTECTION
The information or personal data that the User provides to Alta Capacidad in the
course of a transaction on the Website will be processed in accordance with the
provisions of the Privacy or Data Protection Policy (contained, where appropriate, in
the Legal Notice and General Conditions of Use). By accessing, browsing and/or using
the Website, the User consents to the processing of said information and data and
declares that all the information or data provided is true. - GOVERNING LAW AND JURISDICTION
Access, browsing and/or use of this Website and contracts for the purchase of products
through it will be governed by Spanish law.
Any controversy, problem or disagreement arising from or related to the access,
navigation and/or use of the Website, or to the interpretation and execution of these
Conditions, or to the sales contracts between Alta Capacidad and the User, will be
subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. - COMPLAINTS AND CLAIMS
The User may send Alta Capacidad any complaints, claims or any other comments
they wish to make through the contact details provided at the beginning of these
Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between Alta
Capacidad and the User, the User as a consumer may request an out-of-court dispute
resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament
and of the Council, of 21 May 2013, on online dispute resolution in consumer matters
and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access
this method through the following website: https://ec.europa.eu/consumers/odr/.