GENERAL CONDTIONS OF CONTRACT FOR TRAINING SERVICES
Version 1.0 / 1 August 2020
Unless otherwise stipulated in writing, the general contracting conditions apply to the entire range of training services contracted through the INGECAL website, and are complementary to the General Conditions of Use established in the Legal Notice for all visitors and users of the website.
The seller, responsible and owner of this website is:
- Company name: INGECAL, Ingeniería de Calidad Medio Ambiente, S.L. (INGECAL)
- Registered address: Cerdanyola 98, stairs B, 4º piso, office 18 – Edificio Collserola. 08173 Sant Cugat de Vallès (Barcelona)
- NIF: B62188552
- Telephone: +34 932 378 390
- Electronic mail: ingecal@ingecal.org
- Business data: Limited company registered in the Mercantile Register of Barcelona, Volume 32.362, folio 121, page B 208293, 1st inscription
This document establishes the general conditions of the contractual relationship between INGECAL and the natural and/or legal persons (hereinafter, “CONTRACTOR”) who express their willingness to contract these services by means of the orders formalised in the form of registrations made through this website, for the purchase and sale of the training services offered from this site.
These user orders constitute the particular conditions to which these general conditions are associated, which the CONTRACTOR accepts prior to the formalisation of his order.
The CONTRACTING PARTY is presented with these conditions through this website, so that he/she can read, print, file and accept them. The present general conditions together with the order for the specific services placed by the CONTRACTING PARTY imply the formalisation of the purchase contract between INGECAL and the CONTRACTING PARTY, who states that he/she has read, understood and accepted the present conditions.
The CONTRACTOR may always consult these general terms and conditions via this website.
1.CONDITIONS OF SERVICE
The provision of services assumed by INGECAL is, in general, without prejudice to those that may be specifically contracted from time to time, the provision of training courses in open or scheduled calls, carried out by INGECAL itself or in collaboration with other entities.
By these General Terms and Conditions, INGECAL undertakes to provide the CONTRACTOR with the training services requested by the CONTRACTOR through the website in exchange for a certain price.
The services shall be provided under the terms, prices, form, manner and circumstances that are indicated in the product sheets of each product on the pages of the INGECAL website.
The training actions marketed respond to a pre-established catalogue and are delivered in face-to-face, eLearning or a combination of both
2.CONTRACTOR’S PROFILE
INGECAL’s training courses are aimed at both the professional and private markets, so in general the precepts established in the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, are applicable.
By registering for the courses available on this website, the CONTRACTOR declares that:
- That he/she is of legal age and has the capacity to enter into a contract.
- That you have read, understood and accept these General Terms and Conditions.
3.ALTERATION OF GENERAL CONDITIONS
INGECAL reserves the right to modify the terms of these General Terms and Conditions at any time and at our sole discretion.
The most recent version of the General Terms and Conditions is reflected in the version date located at the top of this page. All updates and amendments become effective immediately upon notice, which we may provide by any means, including, but not limited to, posting a revised version of these General Terms and Conditions or other notice on INGECAL’s websites.
We recommend that you review these Terms and Conditions regularly to keep yourself informed of any changes that may affect you. Our copies of these Terms and Conditions stored electronically or otherwise are deemed to be the true, complete, valid, authentic and enforceable copy of the version of these Terms and Conditions that were in effect and displayed on the Website at the time the CONTRACTOR places the order for the relevant services.
USE OF THE WEBSITE FOLLOWING OUR POSTING OF A NOTICE OF CHANGE WILL CONSTITUTE BINDING ACCEPTANCE OF THESE CHANGES.
4.INGECAL’S RIGHTS AND OBLIGATIONS
Service provision
INGECAL undertakes to provide the service in accordance with the specifications published on the website at the time the order is placed.
INGECAL shall not be liable for any errors caused when the data entered by the CONTRACTOR in the order or registration form do not correspond to reality or have been omitted.
In the event of postponement of the requested course, INGECAL will inform the CONTRACTOR of this fact and the expected delay will be communicated by e-mail or on the telephone number provided by the CONTRACTOR. INGECAL may then give the CONTRACTOR the option of cancelling the order or contracting an alternative course that may have been offered. If no reply is received, it will be understood that the CONTRACTOR accepts the proposed postponement.
In the event of cancellation of the course or impossibility of providing the requested service, whether for reasons beyond INGECAL’s control or for any other reason, the CONTRACTOR will also be informed of this fact and may choose between being replaced by another course or cancelling their registration without penalty, with INGECAL undertaking to refund the full amount paid within a maximum period of 14 days, except for special conditions identified, where appropriate, in the service file itself.
In case of substitution, if the amount of the new course is higher than the amount initially paid, the CONTRACTOR shall pay the difference and, vice versa, if the amount of the new course is lower, INGECAL shall pay the difference within the stipulated maximum period of 14 days.
INGECAL’s disclaimer
INGECAL shall in no event be liable in connection with:
- Errors, delays in access by the CONTRACTOR when entering their data in the registration form, the slowness or impossibility of receipt by the recipients of the confirmation of registration or any anomaly that may arise when these incidents are due to problems in the Internet network, fortuitous events or force majeure and any other unforeseeable contingency beyond the good faith of the company. In any case, INGECAL undertakes to solve any problems that may arise and to offer all the necessary support to the CONTRACTOR in order to reach a rapid and satisfactory solution to the incident.
- Errors or damages caused by inefficient and bad faith use of the service by the CONTRACTOR.
- Non-operability or problems with the e-mail address provided by the CONTRACTOR for the sending of the registration confirmation.
- Failures and incidents that may occur in communications, deletion or incomplete transmissions so that there is no guarantee that the services of the website are constantly operational.
- For the production of any type of damage that the CONTRACTOR or third parties may cause to the website.
INGECAL reserves the right to suspend access to the website without prior notice at its own discretion and on a permanent or temporary basis until it has ensured that it is effectively responsible for any damage that may occur. Likewise, INGECAL will collaborate and notify the competent authority of these incidents as soon as it has reliable knowledge that the damage caused constitutes any type of illicit activity.
5.REFUNDS AND EXCHANGES OF TRAINING COURSES
No refunds will be made once payment has been made.
In the event of having mistakenly selected a training course other than the one sought, it may be exchanged for another one, provided that the access codes and/or material have not yet been sent to the client or student.
The fact that the student or the company requests cancellation of a course during the course period and before the end of the course does not exempt him/her from paying the full course fee.
The return or exchange of a course does not exempt from the payment of additional services that have already been carried out, for example, the processing of subsidies with FUNDAE.
6.WITHDRAWAL
Right of withdrawal
You will have the right to withdraw from the contracted course within 14 calendar days without justification, starting from the moment of enrolment using the enrolment form.
Given the nature of the services provided, the right of withdrawal shall not apply once the performance of the service has begun, and therefore shall not apply to courses already started or to additional services already provided.
It shall also not apply to the supply of training materials made to the specifications of the consumer and user or clearly personalised.
To exercise the right of withdrawal, you must notify INGECAL of your decision to withdraw from the contract by means of an unequivocal statement that you can send by e-mail to the following address: formacio@ingecal.cat.
In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.
Consent to the commencement of teaching and loss of right of withdrawal
By signing the training contract or registration form you agree and consent that the provision of the training service which is the subject of the contract may commence before the expiry of the withdrawal period.
With this consent, the CUSTOMER acknowledges that once the execution of the service has begun, the CUSTOMER loses his right of withdrawal.
Likewise, since the teaching that is the object of the contract may involve making available to you digital content provided by means of electronic media, the commencement of the provision of the teaching services and the sending of the digital materials or access keys to the same shall entail the loss of your right of withdrawal.
Consequences of withdrawal
If you exercise your right of withdrawal in accordance with the provisions of the two preceding paragraphs within the period and in the manner indicated, we will reimburse all payments made by you within 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges as a result of the reimbursement.
7.TERMS OF PAYMENT
The CONTRACTOR undertakes to pay in advance the amount for the service actually requested in the following amount and form:
Amount:
The remuneration for the service actually requested by the CONTRACTOR shall be that indicated on the website and that which appears in the CONTRACTOR’s specific order at any given time, such requests constituting the particular conditions of the specific order.
The prices of the products that appear on the website do not include VAT, the amount of which will be calculated and informed at the time of placing the order, as appropriate.
Additional costs are also specified: issuing of diplomas, dispatch of diplomas, dispatch of documentation, certificates, etc. All shipping costs are applicable to Spain. In case of residence abroad, the student must consult if they are increased.
In the event that additional services are offered in addition to the delivery of courses, the cost of such services will be specified separately. The cost of such additional services may be subject to promotions so that they do not imply additional charges at the time of contracting, however, they will be considered when resolving refund or change requests if the service has already been executed.
The sum of the price of the training programme and the additional costs constitutes the final price and will not be subject to any subsequent surcharge.
The prices shown on the INGECAL website may be revised and updated at any time, with the prices applied at the time of purchase being valid. On certain dates there may be discounts and promotions that reduce the RRP, but they do not apply to additional costs.
Discounted prices and promotions cannot be combined with other offers and are only applicable for the duration of the discount or promotion.
Methods of payment:
The CONTRACTOR shall pay the amount corresponding to his order by means of:
-
- Credit card, Paypal, Stripe: by entering your details in the payment gateway on the website. By accepting this means of payment, the CONTRACTOR confirms that he/she is authorised to use the card used for this purpose, being the cardholder. Card payments are subject to the provisions of Law 16/2009, of 13 November, on payment services, especially with regard to payment orders and the conditions for their revocation.
- According to the customer’s usual method of payment: this could be a direct debit payment or a bank transfer. In this case INGECAL can make a credit check according to your usual customer conditions before processing the sending of the course confirmation.
8.TAX PAYMENTS
The inclusion and payment of VAT on the invoice, or its possible exemption, shall be subject to the provisions of Law 37/1992, of 28 December, on Value Added Tax and Royal Decree 1619/2012, of 30 November, approving the Regulations governing invoicing obligations.
9.DIPLOMAS AND CERTIFICATES.
Diplomas and certificates will be issued to trainees at the end of the training, once the evaluations – if any – have been passed and all payments have been made.
10.ELECTRONIC INVOICE
In accordance with Law 56/2007, of 28 December, on Measures to Promote the Information Society, electronic invoices may be issued and sent to companies and individuals who agree to receive them or who have expressly requested them.
However, INGECAL shall only be obliged to issue electronic invoices under the terms set out in the previous paragraph when the contracting has been carried out by electronic means.
The electronic invoice shall be issued in a commonly used format and readable with any of the current reading programmes or web browsers on the market so that the CONTRACTOR can read, copy, download and print it. In the event that the CONTRACTOR does not have the means to do so, INGECAL will provide access to the necessary programmes free of charge.
The CONTRACTOR may revoke the consent given to receive electronic invoices at any time by sending an e-mail to ingecal@ingecal.cat.
11.COPYRIGHT AND TRADEMARK
INGECAL informs that the contents, programming and design of this website are fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited without the express consent of INGECAL.
INGECAL recognises the intellectual property rights of the brands that may be referred to in the name and programme of the courses and which belong to their legitimate owners.
INGECAL may establish links or hyperlinks to articles or information from third parties, always quoting the source. The legitimate owner of the copyright of the information thus included may at any time request the removal of the aforementioned references.
12.LANGUAGE OF THE CONTRACT
For all purposes, the language of the contract shall be deemed to be the language used by the CONTRACTOR at the time of purchase.
However, the version in a language other than Spanish of these general terms and conditions shall be considered a translation of the original Spanish version, and therefore, in the event of any discrepancy between the two versions, the Spanish version shall be considered to be the predominant one.
13.DISPUTES AND COMPLAINTS
The CONTRACTOR may complain by sending an e-mail to the following address: formacion@ingecal.cat
The relationship between the CUSTOMER and INGECAL shall be governed by the applicable legislation in Spain. In the case of private consumers, any dispute or controversy shall be submitted to the courts of the jurisdiction in which the customer has their habitual residence. In the case of customers who are entrepreneurs or professionals, any dispute or controversy shall be submitted to the courts of the city of Barcelona.
In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we make available to the CONTRACTOR the following link allowing access to the European Platform for Online Dispute Resolution :
https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
14.COMPETENT JURISDICTION AND APPLICABLE LAW
The purchase system is subject to the legislation in force in Spain. Therefore, sales transactions shall be understood to be carried out at the registered office of the bidder: Av. Cerdanyola 98, stairs B, 4th floor, office 18 – Edificio Collserola.08173 Sant Cugat de Vallès (Barcelona) (Spain).
For the determination of the place of conclusion of the purchase-sale to which these General Conditions are subject, the provisions of article 29 of Law 34/2002, of 11 July, on information society services and electronic commerce, shall apply.
15.INVALIDITY OF CLAUSES
In the event that any clause of these General Conditions is declared null and void, the other clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these conditions.
INGECAL may not exercise any of the rights and powers conferred in this document, which shall in no case imply the waiver of the same unless expressly recognised by INGECAL
