Terms and conditions - Selipsis

1. General information

Ownership of this website, www.selipsis.com (henceforth Website) is held by Sélica Puchades Matoque, whose contact details are hello@selipsis.com

 

This document (as any other document mentioned here) regulates the conditions applying to this Website and the products and/or services purchased or acquired through it (henceforth Conditions).

 

For purposes of these Conditions, it is understood that the activity carried out by Selipsis through its website involves: Copywriting, Content Writing and Translation.

 

By using this Website and/or requiring to purchase a product and/or service through it, Users consent to be bound by these Terms and Conditions and all the aforementioned; therefore, if you do not agree to these Terms and Conditions, you must not use this Website. Similarly, please also be aware these Terms and Conditions could be modified.

 

Users are responsible for consulting these each time they visit and/or navigate this Website, as all the Terms and Conditions currently in force at the time of acquisition or purchase of a product and/or service will be applicable.

 

For all those questions Users might have regarding Terms and Conditions, they can get in touch with the Website’s owner using the contact information provided above or, otherwise, using the contact form.

 

 

2. Users

 

Access, navigation and use of the Website confers the condition of user (henceforth referred to, instinctively, individually as User or in conjunction as Users), and shall signify their acceptance, from the moment they access the Website, of all Terms and Conditions established herein, as well as all their subsequent modifications, notwithstanding the application of the corresponding rules of obligatory legal compliance according to the case.

 

Users assume their responsibility for the correct use of this Website. This responsibility extends to:

 

    • Make use of this Website solely for making legally valid enquiries, acquisitions or purchases
    • No false or fraudulent purchase can be made. If it could be reasonably considered that a purchase of this kind has been made, it could be cancelled and the appropriate regulatory authorities would be informed
    • Facilitate contact details that are true and accurate, for example, email address, postal address, and/or other data

 

Users declare that they are of legal age and have the legal capacity to conclude contracts through this Website.

 

The Website is mainly addressed to residents in Spain and the United Kingdom. Selipsis do not assure that this Website comply with legislation in other countries, either wholly or in part.

 

Selipsis declines every responsibility arising as a result of that access, and neither does it guarantee shipment or the provision of services outside Spain or the United Kingdom.

 

Users could formalise, as they wish, a contract or purchase agreement, with Selipsis, that specifies any of the products and/or services required in any of the languages these Terms and Conditions are available on the Website.

 

 

3. Procurement process

 

Duly registered users could make an enquiry through the website by the means established. They must comply with Selipsis online procurement procedures.

 

Similarly, Users shall fill out and/or verify all the data and information required in each step.

 

Selipsis may file and store digital records of all communications and payment with a view to constitute evidence of transactions, at all events, respecting all reasonable conditions to ensure security and all legal requirements and current regulations applicable in this respect, particularly in accordance with the Spanish LOPD, the EU GDPR and the specific legislation that protect Users in accordance with the Privacy Policy of this Website.

 

 

4. Availabililty

 

All enquiries received by Selipsis. are subject to the availability of Sélica Puchades Matoque and/or any circumstance and/or force majeure (clause number nine of these Terms and Conditions) that could affect responses to them and/or the provision of services.

 

In the event of supply difficulties, Selipsis commits to get in touch with Users and reimburse any sum that could have been paid. The same applies to all cases in which the provision of a service could not be carried out.

 

 

5. Fees and payments

 

Prices sent to clients are final, in Euro (€) or Pounds (£), and they include taxes unless this is not required by law, especially when it comes to VAT (IVA in Spain).

 

An important note on invoicing:

 

Sélica Puchades Matoque is a sole trader in the United Kingdom. Under the UK laws applicable to these Terms and Conditions, she is not required to register for VAT given her circumstances. Read more here: https://www.gov.uk/vat-registration/when-to-register

 

According to the law on VAT in the UK, it is not compulsory to register for VAT unless one’s turnover is above a specific threshold. The turnover of many freelance professionals is way below that figure, so they don’t need to register for VAT in the UK. This means that no VAT number = no EU VAT number.

 

If you are a Spanish based company or individual, you must accept invoices without a VAT number, otherwise business shall not proceed any further.

 

Prices may change at any time, but possible changes will not affect orders for which the User and Selipsis have already agreed.

 

The accepted payment method will be: bank transfer.

 

Once the contract of what the client has contracted has been approved, the client must pay 50% of the total price stipulated. And once the last draft of the project has been delivered and approved by the client, the client must pay the remaining 50% of the agreed budget to Selipsis, thus completing 100% of the payment. A period of 7 calendar days from receipt of the order will be given to allow sufficient time for the bank transfer to be taken into account by the receiving bank.

 

 

6. Delivery

 

If, for any reason, which is attributable, Selipsis couldn’t meet a project’s deadline, Sélica Puchades Matoque will contact Users to inform them about this circumstance so they can decide whether they wish to proceed with the acquisition of the chosen service and set a new deadline or cancel the order and demand a full refund.

 

Users acquires ownership of the services when full payment for the service provided has been received by Selipsis.

 

 

7. Technical resources for correcting errors

 

In this respect, Users are informed that, in case an error has been detected when entering the necessary data to process their enquiry through the Website, they will be able to modify or amend them by getting in touch with Selipsis through the contact form provided.

 

Similarly, Users are required to consult Selipsis Privacy Policy and Terms and Conditions for further information on how to exercise their right of rectification under Article 16 of the GDPR. This right is closely linked to the controller’s obligations under the accuracy principle of the GDPR (Article (5)(1)(d)).

 

 

8. Refunds

 

The Right of Withdrawal

 

Users, as both consumers and users, complete the acquisition of a service and, consequently, they can exercise their right of withdrawal within 14 working days without prior notice or justification.

 

To withdraw an offer to enter into a distance or off-premises contract, the consumer must inform Selipsis of the decision to withdraw it. They will be able to do it through the contact form on this Website.

 

Regardless of the means Users choose to communicate their decision, they must state clearly and unambiguously their intention to withdraw from the contract or offer. In order to meet the 14-day deadline, Users need to ensure they unequivocally communicate their decision within this time-period.

 

In this case of withdrawal, Selipsis will refund Users all payments received without undue delay and, in any case, within 14 working days from the date on which Selipsis is informed about the User’s decision to withdraw.

 

Selipsis will refund Users making use of the same payment method used by the User to carry out a transaction in question. This refund will not entail any additional cost for Users.

 

Nevertheless, Users acknowledge they must bear the cost of refunds if they entail any additional costs (bank commissions or currency exchange fees, for example).

 

Users may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions:

 

  • (a)regulation 34(3) (where enhanced delivery chosen by consumer);
  • (b)regulation 34(9) (where value of goods diminished by consumer handling);
  • (c)regulation 35(5) (where goods returned by consumer);
  • (d)regulation 36(4) (where consumer requests early supply of service).
  • (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31. More information can be found here: http://www.legislation.gov.uk/uksi/2013/3134/made 

 

Selipsis must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer:

 

  • (a)has made an express request, and
  • (b)in the case of an off-premises contract, has made the request on a durable medium.

 

In the case of a service other than supply of water, gas, electricity or district heating, the consumer ceases to have the right to cancel a service contract under regulation 29(1) if the service has been fully performed, and performance of the service began.

 

Users acknowledge they would lose the right to cancer a service once the contract had been fully performed by Selipsis.

 

 

9. Exemption of liability

 

Unless expressly indicated by law, Selipsis assumes no liability whatsoever for the following losses, regardless of their origin:

 

  • Any losses which are not attributable to Selipsis undertakings.
  • Business losses (including loss of income, contracts or expected savings, data, loss of business or goodwill or unnecessary incurred expenses).
  • Any other direct loss which were not reasonably foreseeable by both sides at the moment when the contract was formalised.

 

Users understand and agree that Selipsis also limits its liability in connection with the following:

 

  • Technical breakdown or errors for fortuitous reasons and other issues, which hinder the normal functioning of the online service.
  • Unavailability of the Website for maintenance reasons or others, which prevents services to be available. Selipsis use all the means within its reach in order to make all its services available at all times and deliver them on time. However, it disclaims any liability due to causes not attributable to Selipsis, in terms of fortuitous events of force majeure.
  • Selipsis accepts no responsibility for any misuse and/or the overuse of the services required by Users.

 

In general, Selipsis will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract, especially when this is caused by events outside our reasonable control. In other words, events of force majeure, and including but not limited to: strikes; lock-outs and other industrial action; Riot or civil commotion; invasion; threat or terrorist attack; war (declared or not) or threat or preparation for war; explosion; thunderstorm; flood; earthquake; subsidence; epidemic or other natural disaster or the inability to use trains, ships, planes or other motorised transport or other means of transport, public or private; or inability to use telecommunications systems, both public and private; or legislative acts, decreets, rules or restrictions by the relevant government or public authority.

 

Thus, obligations and agreements are deemed to be suspended for the period that the force majeure event continues, and Selipsis will have an extension of time for performance for the duration of that period.

 

Selipsis will place all reasonable means to find a solution that allows both sides fulfill our obligations notwithstanding cause of Force Majeure.

 

 

10. Notifications and other written communications.

 

By using this Website, Users accept that the majority of communications with Selipsis are electronic (emails or notices published on the Website).

 

Users consent to use this electronic means of communication and acknowledge that any contract, notification, information and other data that Selipsis send them electronically fulfill all legal requirements in writing.

 

This may not affect Users’ statutory rights. Users can send notifications and/or communicate with Selipsis by using the contact details facilitated in these Terms and Conditions and, when applicable, by using the contact form on the website.

 

Similarly, unless agreed otherwise, Selipsis can contact and/or notify Users by email or using the mailing address provided.

 

 

11. Waiver

 

No waiver by Selipsis of any breach of these Terms and Conditions by Users shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of this Agreement shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which the waiver is given.

 

No failure or delay on the part of any party in exercising any right, power or privilege under this Agreement shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of or the exercise of any other right, power or privilege.

 

 

12. Invalidity

 

In the event that any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement.

 

 

13. Full agreement

 

These standard Terms and Conditions, and any documents to make these make explicit reference, constitute the entire agreement between Users and Selipsis in relation to the required service and replace any other verbal and non-verbal promises, side letters or agreements previously stipulated by both parties.

 

Users and Selipsis acknowledge having reviewed and consent the conclusion of a contract without relying on any statement, promise or representation made or given by or on behalf of the other party, except in cases expressly mentioned in these Terms and Conditions.

 

 

14. Data protection

 

Any information or personal data shared with Selipsis will be treated in accordance with principles in EU legislation and policies. By accessing, navigating and/or using the Website, Users consent the treatment of that information and data and declare that all the information provided is certain, true, complete and accurate.

 

 

15. Applied legislation and competent jurisdiction

 

Access, navigation and/or use of this Website and the contracts for the purchase services through it shall be carried out in accordance with the European legislation. Any disagreement or dispute arising from or related to the access, navigation and/or use of this Website, or the interpretation or fulfilment of these Terms and Conditions, or with the contracts between Selipsis and Users, will be subject to jurisdiction non-exclusive to either Spanish or British courts and tribunals.

 

 

16. Complaints and claims

 

Users can send their complaints, claims and any other type of comment they wish to make by using the contact details provided at the outset of these Terms and Conditions (General information).

 

Selipsis can provide complaint forms available to Users and clients, who can request them to Sélica Puchades Matoque at any time by using the contact details provided at the outset of these Terms and Conditions (General information).

 

Similarly, if the conclusion of the contract between Selipsis and Users generated a controversy, Users as consumers can request an extra-judicial settlement of conflicts, in accordance with the EU-regulation Number 524/2013 issued by the European Parliament and of the Council, on May 21st, 2013, on consensual resolution of consumer disputes. You can access this method on this website: http://ec.europa.eu/consumers/odr/