Montnegre 18-24, 08029 Barcelona
Sugranyes 4, local 1, 08029 Barcelona

E- COMMERCE SERVICES

General Conditions

Introduction

This contract document will govern the General Conditions of Employment of Products or Services (hereafter “Conditions”) through the rosenthal-research.com website, owned by DRG SOLUTIONS, S.L., henceforth, PROVIDER, whose contact details are also contained in the Legal Notice of this Web.

These Conditions may be amended at any time. It is the responsibility of the USER to read them periodically, as those in force at the time of ordering will apply.

Contracts shall not be subject to any formality except in the cases expressly stated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:
・ You have read, understand, and understand the above.
・ You are a person with enough capacity to hire.
Take all the obligations set out here.
These conditions shall have an indefinite period of validity and shall apply to all engagements made through the PROVIDER’s website.

The PROVIDER reports that the trade is responsible and aware of the existing laws of the countries to which it sends the products, and reserves the right to modify the conditions unilaterally,without this being likely to affect the goods or promotions that were acquired prior to the modification.

 

Identity of the contracting parties

On the one hand, the PROVIDER for the products or services contracted by the USER is DRG SOLUTIONS, S.L., with registered office in Montnegre, 18-24 – 08029 Barcelona (Barcelona), VAT number B65915381 and with customer service/USER telephone 934 449 634

On the other hand, the USER, registered on the website by a username and password, for which he has full responsibility for use and custody, and is responsible for the truthfulness of the personal information provided to the PROVIDER.

 

Agreement Object

This agreement is intended to regulate the contractual trading relationship between the provider and the USER at the time accepts the corresponding box during the online contracting process.

The contractual selling relationship involves the delivery, at a specific price and publicly exposed through the website, of a particular product or service.

 

Engagement Procedure

The USER, in order to access the products or services offered by the BROWSER, must be older and must register through the website by creating a customer account as a user. Therefore, the USER shall provide, on a free and voluntary basis, the personal data required of it, which shallbe processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD), concerning the protection of personal data and detailed in the Legal Notice and the Privacy Policy of this website.

The USER undertakes to make diligent use of the data and not to make it available to third parties information on the use, and to inform the PROVIDER of the loss or theft of the data or possible access by an unauthorized third party, so that the latter carries out the immediate blocking

Once the user account has been created, it is reported that as required by article 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSICE), the procurement procedure will follow the following steps:

  1. General procurement clauses.
  2. Activation of services.
  3. Right of withdrawal.
  4. Force majeure.
  5. Offer overview
  6. Price and term of validity of offer/ Transport expenses.
  7. Method of payment
  8. Purchase process.
  9. Guarantees and returns.
  10. Applicable Law and Jurisdiction.

 

  1. General procurement clauses.

Except as specifically provided in writing, an order to the PROVIDER shall imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

 

  1. Activation of services.

The PROVIDER will not order or activate any services until it has been verified that the payment has been made.
Since the order does not involve the physical delivery of any product, with the contracted services downloaded or activated directly from the website, the PROVIDER will inform the USER in advance of the procedure to be followed for this download or activation.

Lack of execution of remote contract
Delivery dates or times shall be understood under the applicable national and international transport laws. Sea annex.
In the case of the provision of a service, the service shall be available from the same time as the user has made the payment of the service and may be downloaded or activated according to the conditions of the PROVIDER.

The PROVIDER shall not assume any liability when the download or activation of the service does not come to pass, as the data provided by the USER are false, inaccurate or incomplete.
The provision of the service shall be deemed to be performed at the time the USER has downloaded or activated the service.

 

  1. RIGHT OF DISMISSAL

The USER has the same rights and time limits to proceed with the return and/or claim any defects or defects presented by the product or service, both online and offline, in accordance with the applicable National and International Transport laws. Sea annex.The right of withdrawal may not apply in the following cases:In the provision of services, once the service has been fully executed, when the performanc has commenced, with the express consent of the PROVIDER and USER and with the acknowledgment by the PROVIDER that he is aware that, once the contract has been fully executed by the PROVIDER, he will have lost his right of withdrawal.2. In the discharge or activation of the service whose price depends on financial market fluctuations which the PROVIDER cannot control and which may occur during the withdrawal period.

3. In the provision of services made in accordance with USER specifications or clearly customized.

4. In the provision of accommodation services for purposes other than housing, transport of goods, rental of vehicles, food or services related to recreational activities, if the contracts provide for a specific date or period of execution.

 

  1. CLAIMS

Any claim that the USER deems appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:Postcard: DRG SOLUTIONS , S.L., Montnegre, 18-24 – 08029 Barcelona (Barcelona)
Phone: 934,449,634
Mail: mbe134@mbe.es

 

  1. FORCE MAJEURE

The parties shall not be liable for any misconduct due to a cause of great cause. Compliance with the obligation shall be delayed until the termination of the force majeure case.

 

  1. COMPETITION

USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.If any provision of these conditions is found to be null and void or unenforceable, the validity, legality and compliance of the rest shall not be affected in any way, nor shall they be modified in any way.The USER represents that he has read, understood and accepted these Terms in their entirety.

 

  1. OFFER OVERVIEW

All sales and deliveries made by the PROVIDER shall be deemed to be subject to the applicable national and international transport laws. Sea annex.

No modification, alteration or agreement contrary to the Commercial Proposal of DRG SOLUTIONS , S.L. or to the provisions of this Agreement shall take effect, except in express written agreement signed by the PROVIDER, in this case these particular pacts shall prevail.

In view of the continuous technical progress and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until it does not affect the value of the products offered. Such amendments shall also be valid if, for any reason, the possibility of supplying the products offered is affected.

 

  1. PRICE AND TERM OF VALIDITY OF OFFER/ TRANSPORT EXPENSES

According to the PROVIDER’s quote and always under the applicable national and internationaltransport laws. Sea annex.
For any information about the order, the USER may contact the customer service telephone of the BORROWER 934 449 634 or by e-mail at mbe134@mbe.es

 

  1. Method of payment

The PROVIDER enables you to make the payment of an order by:
Bank Transfer
Credit Card
The website uses generally accepted industry information security techniques, such as firewalls, access control procedures, and cryptographic mechanisms, all to prevent unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by credit card marks or the acquiring bank, that may or has the potential to damage the goodwill of credit card marks or to adversely affect them.
The following activities are prohibited under the Card Flagship Programs: the sale or offer of a product or service which does not comply with all the laws applicable to the Buyer, Issuing Bank, Trader or Card or Card Holder.

 

  1. Purchase process.

Request service through the form available on the WEB page or by e-mail mbe134@mbe.es

 

Cancelation

Cancellation of the service may be made prior to confirmation by DRG Solutions, SL and without the tracking number being generated since once processed it cannot be canceled.

  1. Guarantees and returns.

The warranty on the products offered will be based on the following articles based on Law 23/2003 of 10 July on the Sales Guarantees of Consumer Goods:

 

I) Service Compliancy with the Agreement

1. Except as otherwise provided, the Services shall be deemed to be in accordance with the Agreement provided that they meet all of the requirements set forth below, unless, in the circumstances of the case, any of them shall not apply:

a) As described by DRG SOLUTIONS , S.L.

(b) Eligible for the use of services of the same type.

c) Eligible for any special use required by you when you have made it known to DRG SOLUTIONS , S.L. at the time of the conclusion of the contract, provided that you have admitted that the service is eligible for this use.

d) Present the standard quality and performance of a service of the same type that the customer can reasonably expect, given the nature of the service and, where appropriate, the descriptions of the specific characteristics of the services made by DRG SOLUTIONS , S.L.

e) DRG SOLUTIONS , S.L. describes the details, characteristics and photographs of the services provided by the producer of the services, so that it is not bound by these public statements.

2. Failure to comply resulting from improper performance of the Service shall be equivalent to non-compliance of the Service when the Service is included in the Service Contract and is performed by or at the responsibility of DRG SOLUTIONS , S.L., or the USER when the defective performance is due to an error in the instructions set forth in the Service Agreement.

3. No liability shall apply for any breach of compliance that the USER knows or has not been able to ignore at the time of the conclusion of the contract or that originates from services provided by the USER.

 

  1. II) Supplier Responsibility and USER RightsDRG SOLUTIONS , S.L. will respond to the USER for any nonconformance that exists at the time of service delivery. DRG SOLUTIONS , S.L. grants the USER the right of claim under the applicable National and International Transport laws. Sea annex.
    In accordance with article 6 of the Civil Code, any prior waiver of USER rights or acts of fraud shall be null and void.
    The guarantee of the services offered will respond to the following articles based on Law 23/2003 of 10 July on the Sales Guarantees of Consumer Goods:

    III) Service Replacement
    If the service is not in accordance with the contract, the USER has the right to claim the replacement of the service under the applicable National and International Transport laws. Sea annex.

 

  1. Applicable Law and Jurisdiction.

These conditions shall be governed by or construed in accordance with Spanish law in cases which are not expressly established. The BROWSER and USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services subject to these Conditions.

In the event that the USER has his/her domicile outside Spain, the PROVIDER and the USER expressly renounce any other forum, subject to the courts and tribunals closest to the town of Barcelona (Spain).

ANNEX

 

CLAUSES

  1. PURPOSE

1.1. The purpose of this agreement is to regulate the provision of postal services by the provider to the client, carried out in accordance with the provisions of Law 43/2010 of 30 December on the universal postal service, the rights of users and the postal market, and Royal Decree 1829/1999 of 3 December, approving the Regulation on the provision of postal services, so long as it does not oppose, contradict or prove incompatible with Law 43/2010. Any other regulation that modifies, complements, expands or revokes the matters mentioned in this paragraph likewise apply.

1.2. For the purposes of this agreement, the terms below are to be understood to mean as follows:

  1. Postal services: any service that consists of the collection, admission, classification, transport, distribution and delivery of postal shipments.
  2. Postal shipment: shipment to an addressee, prepared in the definitive form in which it is to be carried by the provider. In any case, postal shipments include letters, postcards, packages, the shipment of direct advertising, books, catalogues, newspapers, news publications and other parcel post that contains goods with or without a commercial value, regardless of their weight.

iii. Registered shipping service: that which, following the payment of a predetermined flat-rate amount, involves a fixed guarantee against the risks of loss, theft or deterioration, and which provides the sender, where necessary and upon the sender’s request, with proof of deposit of the postal shipment or its delivery to the addressee.

1.3. The provision of postal services begins when the shipments enter the provider’s point of sale or, where applicable, when the package or product that is the object of shipment is collected, when pick-up is from the client’s premises.

1.4. The client declares he/she has been completely, truthfully and punctually informed of the postal services that are the object of this agreement and provided with all of the information required by the applicable regulations and, in particular, article 9 and following of Law 43/2010 of 30 December on the universal postal service.

 

  1. REMUNERATION

2.1. The price of the services that are the object of this agreement have been adjusted in accordance with the shipment rates indicated in Appendix I (the “rates”), plus the corresponding VAT or any other indirect tax or duty incumbent on the provision of the services.

2.2. Theproviderreservestherighttochangetheratesifthereisariseinfuelpricesorinanyothercostsrelated to the provision of the postal services. For the application of these rises, the provider only has to notify the amount to the client.

2.3. The provider shall issue an invoice within the last five days of each period [monthly, quarterly], which the client must pay within 15 days of reception, via direct debit from the client’s bank account, indicated in the section Payment Method on the other side of this sheet.

2.4. The client shall assume all duly justified expenses incurred by the provider in the provision of the services that are the object of this contract. Said expenses shall be charged to the invoice of the period in which they occurred, indicating the reason and attaching a copy of the receipts.

2.5. In the event of delay in payment of any amount due by virtue of this agreement, the client must pay interest for the delay, calculated in line with the provisions of Law 3/2004 of 29 December (as modified by Law 15/2010 of 5 July) establishing measures to combat late payments in commercial operations or in other applicable regulations. Likewise, the client must defray the costs of all expenses that arise from returning goods. In the event of a delay in payment of over sixty (60) days, the client shall be declared to have defaulted on the payment and the provider shall begin the corresponding arrears proceeding and proceed to present the client with the suitable warning of default of payment by a reliable means of notification.

2.6. In the event of cancellation of this agreement for any reason, the client must pay the provider any amount pending on the services provided before the agreement was cancelled.

 

  1. DURATION

3.1. The contract has an initial duration from the date it is signed through to 31 December of the present year.

3.2. The contract shall be extended for successive annual periods, except if either of the parties notifies the other of its wish to terminate, in writing, with at least 30 days’ notice before the initial period or any of its extensions expires.

3.3. Without prejudice to the above, either party may cancel this agreement early at any time by sending written notice to the other party with at least 30 days’ notice.

 

  1. SERVICE PROVISION SECURITY MEASURES

4.1. The provider guarantees the client the rights of users as anticipated under the applicable regulations and particularly the right to privacy and inviolability of communications in accordance with the provisions of article 18.3 of the Spanish Constitution. To this end, the provider undertakes to not provide any information relative to the existence of the postal shipment, its class, external circumstances, the identity of the sender or addressee or their addresses, except in cases where legally obliged to do so.

4.2. The client declares and guarantees that (and, where necessary, undertakes in relation to any shipment to carry out the following under the terms of this agreement):

  1. He/she holds the ownership, legitimacy or rights needed to use the information, includingthe personaldataofthirdparties, graphics, signatures, brands, symbolsandanyothersignincluded in the content of the communication transferred for the provision of the provider’s services.
  2. Shipments must be prepared in safe facilities by trusted personnel contracted by the client.

iii. Shipmentsmustbeprotectedagainstanytypeofnon-authorisedintrusionduringpreparation, storage and transportation before shipment to the provider.

  1. Shipments do not contain any items banned or restricted by the International Air Transport Association, the International Civil Aviation Organisation, the European Road Transport Regulation on Dangerous Goods or any competent body.
  2. Shipments do not contain prohibited objects, understood to be those whose circulation is not permitted by reasons of safety, public health, general use and the protection of the universal postal service, in accordance with the provision of article 16 of Royal Decree 1829/1999.
  3. Shipments must be packed in a suitable manner for safe transportation and identified with the correct destination address.

vii. All the applicable laws and regulations regarding customs, imports, exports and others must be complied with.

4.3. For the purpose of checking the above, the client must provide a full description of the content of the shipment on the corresponding delivery note and allow the provider, without previous notification, to check it for security reasons, including the use of X-ray equipment.

 

  1. RESPONSIBILITY

5.1. Responsibility of the provider

  1. The provider must answer to the client in accordance with the provisions of Law 43/2010, Royal Decree 1828/1999 and any other laws, regulations or provisions of any other rank which modify or revoke the abovementioned regulations.

 

  1. In accordance with the abovementioned law and considering that the postal shipments performed by the provider are registered, the provider must be liable for an amount equivalent to the price (without VAT) paid by the client by way of the postal service sought or the amount of two hundred (200) euro if the abovementioned price exceeds this amount, in the event of loss, theft, destruction or deterioration of the goods, except in cases where the shipment was previously insured for these eventualities.

iii. In the remainingcases, the provider’s liability cannot in any case exceed the price (without VAT) paid by the client for the postal service sought.

  1. Any claim must be sent in writing to the provider at the address indicated at the start of this agreementandreceivedbytheproviderwithinthirty(30) daysfromthedatewhentheprovider accepted the shipment. Otherwise, the provider is exempt from all liability.
  2. The provider will not be held responsible for loss or damage due to circumstances outside of its control. These circumstances include but are not limited to: electric or magnetic damage; elimination of electronic or photographic images, data or recordings; any defect or characteristic related to the packages, regardless of whether it is known by the provider or not, any action or omission on the part of persons not employed or contracted by the provider, force majeure events such as earthquakes, hurricanes, storms, floods, fog, war, plane crash or embargo, riot or civil commotion, industrial action.
  3. Similarly, the provider is not responsible in any way for losses or damage caused by delays, except in those cases in which it is legally obliged.

5.2. Responsibility of the client

  1. The client agrees to use the services in accordance with the law, public morality, health and order andthe generally acceptedrules of goodconduct andtoholdthe provider harmless from any claim derived from the breach of any of the abovementioned obligations.
  2. Likewise, the client must compensate and hold the provider harmless from any damage or loss derived from failure by the client to comply with any applicable law or regulation and breach by the client of any of the statements and guarantees set forth in clause 4 above.

 

  1. TRANSFER

6.1. The client may not transfer the rights or obligations derived from this agreement without the previous written consent of the provider.

6.2. The provider may grant the rights and obligations derived from this agreement without the previous written consent of the client. Where applicable, the provider must communicate this transfer tothe client no more than fifteen (15) days after it takes place.

 

  1. DATA PROTECTION

7.1. In accordance with the provisions of Law 15/1999 of 13 December on personal data protection, operators who provide postal services may not provide any information relative to the existence of the postal shipment or its class, external circumstances, the identity of the sender or addressee or their addresses.

7.2. The client’s data will be entered in the provider’s database in order to meet the commission and to send proposals and information of a commercial nature in relation to the provider’s services and products and to collect information of a statistical nature.

7.3. The client authorises the transfer of his/her data to the provider’s franchiser solely for statistical purposes and to promote the services the providers offer.

7.4. The client may exercise his/her legally anticipated rights before the provider and, specifically, the rights of access, rectification and cancellation of his/her data by writing to the provider by postal mail or email at the addresses indicated at the start of this contract.

 

  1. LAW AND JURISDICTION

8.1. This agreement is bound by Spanish law.

8.2. The parties agree to submit any litigious matter derived from or related to this contract to the competent Spanish courts and tribunals and expressly waive any other jurisdiction that may be applicable.

8.3. To settle conflicts, users may exercise their rights before consumer arbitration boards under the terms anticipated in article 10 of Law 43/2010 and article 20 and following of Royal Decree 1829/1999.

8.4. For the abovementioned purpose, the parties henceforth accept and recognise as valid the copies of waybills or delivery notes provided by the provider.

 

  1. PRIMACY OF THE AGREEMENT

9.1. This agreement constitutes the comprehensive compromise undertaken by the parties at the date on which it is signed with respect to the materials it contains and replaces and revokes any previous verbal or written agreements in relation to its purpose.

 

  1. IMPORTS

10.1. The client assumes all expenses and charges generated or derived from the services provided by [MBE], including but not limited to duties and taxes incurred by [MBE] in providing the contracted service and, in particular, for dispatching the goods to the corresponding customs office. The client agrees to pay for these expenses and charges upon shipment of the goods.

10.2. Similarly, the client must hold [MBE] harmless from any expenses for claims, damage, fines and other concepts derived from the lack of payment of the abovementioned amounts and concepts.

 

AND IN PROOF OF CONFORMITY WITH ALL OF THE ABOVE, the parties sign this agreement in two counterparts for a single purpose in the place and on the date indicated at the start.