GENERAL CONDITIONS OF CONTRACT
- You’ve read, you understand and you’re agree with this text.
- He is a person with sufficient capacity to contract.
- Assumes all obligations herein provided.
Identity of the contracting parties
Object of the contract
- Client: The contracting party with ALICIA MONTERO SCHIEMANN. The Client can be both a natural person, an adult and over 18 years of age, or a legal person.
- Student: Natural person designated by the Client in ALICIA MONTERO SCHIEMANN, as the beneficiary of the online courses of ALICIA MONTERO SCHIEMANN. The student could be the Client himself if he reaches the age of majority.
- Website: virtual learning platform available to the Client/Student by ALICIA MONTERO SCHIEMANN, within the framework of these terms and conditions. The URL dedicated to this website is the following: www.discenslearning.com is the property of ALICIA MONTERO SCHIEMANN, located at C/. Tord 15, house 6, 2o, A, – 07609 Llucmajor (Balearic Islands).
- General contracting clauses.
- Shipping orders.
- Right of withdrawal.
- Force Majeure.
- Obligations and responsibility of ALICIA MONTERO SCHIEMANN
- Obligations and responsibility of the client
- Training validation
- financial provisions
- Intellectual property
- Personal data protection
- Suspension or termination of the contract
- Governing Law and Jurisdiction.
Unless specifically stipulated in writing, access to the service will imply acceptance by the Client/Student of all these legal conditions. Any condition that is not expressly accepted in advance and in writing by ALICIA MONTERO SCHIEMANN, remains unappealable with respect to ALICIA MONTERO SCHIEMANN, regardless of when or at what particular moment any commercial significance for the party may have been known or realized.
All the paragraphs that make up the whole of this contract are relevant even if they are not applicable, it is not possible to selectively interpret or oppose a clause without causing a waiver by ALICIA MONTERO SCHIEMANN taking into account the conditional clauses that constitute the aforementioned agreement below (conditions null and void).
ALICIA MONTERO SCHIEMANN will not send any proof of order until it has verified that the payment has been made.
As the order does not entail the physical delivery of any product, and the contracted services are used or downloaded directly from the website, ALICIA MONTERO SCHIEMANN will previously inform the Client/Student regarding the procedure that must be followed for its use or download.
In accordance with the provisions of article 103 letter m) of the General Law for the Defense of Consumers and Users (RDL 1/2007 of November 16, modified by Law 3/2014 of March 27), when providing content digital that is not provided in material support, the exception provided for in said article applies, regarding the right of withdrawal by the client or user.
Unless there is an agreement between ALICIA MONTERO SCHIEMANN and the Client to the contrary, the client may not exercise the right of revocation referred to in this paragraph, once the acquired training has begun.
ALICIA MONTERO SCHIEMANN recalls that this right does not apply to legal persons.
Any claim that the Client/Student deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
Postcard: ALICIA MONTERO SCHIEMANN, C/. Tord 15, house 6, 2o, A, – 07609 Llucmajor (Illes Balears) Telephone: 644917505
In the event of a claim or dispute of any nature, ALICIA MONTERO SCHIEMANN and the Client/Student undertake to try to resolve the complaint or conflict amicably.
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the Client/Student and ALICIA MONTERO SCHIEMANN, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
ALICIA MONTERO SCHIEMANN shall not be liable for any breach due to unforeseen circumstances or causes beyond the control of ALICIA MONTERO SCHIEMANN, including but not limited to cases of force majeure, riots, embargoes, acts of civil or military authorities, fire, flood, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, power, labor, or materials.
In case of delay, ALICIA MONTERO SCHIEMANN may be excused from benefits, to the extent that it is delayed or prevented for such reasons, and for the entire period of time in question.
The Client/Student may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The Client/Student declares to have read, know and accept these General Conditions in their entirety.
7.1 Continuity and consistency of service
ALICIA MONTERO SCHIEMANN expressly agrees to provide all its resources in the delivery, availability and provision of services in general and in this document, it undertakes to fulfill its obligation as a service provider to the best of its ability.
ALICIA MONTERO SCHIEMANN undertakes to act with the greatest diligence and attention as possible and proceed to provide a quality service in accordance with generally recognized practices: except in the hypothetical case that the service is suspended, by virtue of special instructions required.
Consequently, ALICIA MONTERO SCHIEMANN will be contractually obliged to offer daily (24/24) and weekly (7/7) access, and conditioned on being able to guarantee its services given the supply conditions (subsequent performance of the network).
ALICIA MONTERO SCHIEMANN reserves the right to interrupt the service through its server, in order to carry out essential maintenance, to improve the performance of the network, or for any other operational reason in relation to maintenance.
ALICIA MONTERO SCHIEMANN, without affecting any of her rights and responsibilities, promises to inform the Client/Student, within a reasonable period of time, of the date on which she intends to carry out the maintenance, so that the Client/ Student may make other arrangements.
The Client/Student acknowledges that the training may not be available in the event that the Client/Student is unable or unable to access the Internet or this website. ALICIA MONTERO SCHIEMANN will not be responsible for the client’s inability to access the training, under these circumstances.
In particular, it is the Client/Student who must maintain their own protection against viruses, as well as the version of their browser. ALICIA MONTERO SCHIEMANN will not be responsible for any virus transmitted through its website.
In the same way, ALICIA MONTERO SCHIEMANN disclaims any responsibility for unauthorized access to computer systems, or for the looting of any data as a result thereof. However, ALICIA MONTERO SCHIEMANN applies the appropriate means to prevent illegal intrusions. ALICIA MONTERO SCHIEMANN will not be in any way responsible for damages related to it, such as loss of exploitation, loss of profit, loss of value, damages or expenses.
7.2. Quality of service
ALICIA MONTERO SCHIEMANN undertakes to exercise its offer with due diligence and care, providing a quality service, in accordance with the normal practices of the field, subject to the interruption of the services explicitly requested at the request of the administrative authorities.
If the training established by the Client/Student is suspended as a result of a decision by a competent authority, ALICIA MONTERO SCHIEMANN will reimburse the Client or offer a credit valid for one year, equal to the amount of said training offer.
The Parties agree that ALICIA MONTERO SCHIEMANN has the right to modify the services without prior notice.
7.3. after sales services
ALICIA MONTERO SCHIEMANN undertakes to provide the Client with the necessary technical help (problems accessing the course, browsing the platform, etc.), with regard to the training acquired online. The client can contact ALICIA MONTERO SCHIEMANN for any related request (except those requests that by their nature require tutoring) with training at: firstname.lastname@example.org.
The Client/Student expressly accepts having verified the compatibility between their request and the offer of services and fully acknowledges the receipt of all the necessary information and advice from ALICIA MONTERO SCHIEMANN, so that this agreement can enter into force with the knowledge and certainty binding.
The Client undertakes to verify the identity of the student, before his appointment in ALICIA MONTERO SCHIEMANN.
The Client guarantees to act within his sole responsibility if, as a result of access to the service, this is not carried out in accordance with what can be considered reasonable acts of use carried out by the Student, who is in possession of his access and password and that does not respect the general guide and instructions for correct use, initially provided by ALICIA MONTERO SCHIEMANN.
The Client, if the conditions are met, must inform the student about these terms and will be responsible with respect to this matter.
The relevant parties to the contract also acknowledge that ALICIA MONTERO SCHIEMANN is capable of modifying the provision of the service with total transparency without the need to carry out any prior communication process, other than to inform the Client/Student that the level of provision of services already supplied, it will be adjusted.
The Client/Student acknowledges being informed of the provisions of the regulations related to security (protection or physical security) and operational security. The Client/Student will be solely responsible for the consequences of breaching these rules and these Terms.
8.2. training development
The Client/Student agrees to previously verify that they have the necessary conditions to attend the training. Access to the platform is done directly from a computer connected to the Internet. ALICIA MONTERO SCHIEMANN is not responsible for the absence or deficiency of said connection.
The Client/Student will access the services offered by ALICIA MONTERO SCHIEMANN, by creating a user account that includes a username and password designated and created by the client himself. Access to online training, granted by ALICIA MONTERO SCHIEMANN, is strictly private. The transmission of access data (username/password) to a third party is strictly prohibited. The Client/Student agrees not to give, under any circumstances, whether free of charge or for a fee, access to third parties in any form. If the client is a company and if the student leaves the company, the client agrees to deactivate their account, or contact ALICIA MONTERO SCHIEMANN to eliminate obsolete profiles.
8.3. Responsibility of the Client towards the Client/Student
The Customer, by creating a Customer/Student profile on the website, expressly agrees to pay for any registration initiated by the designated Customer/Student.
10.1. Pricing and Billing
ALICIA MONTERO SCHIEMANN undertakes to display its course prices in the most transparent way. The applicable prices are those shown on the website at the time of the order or order. Prices are expressed in euros and VAT is 0, as it is an educational service [article 132.1.i of Directive 2006/112/CE, included in article 20.One.9o of Law 37/1992 of 28 December of the Value Added Tax]. Prices may be modified at any time without prior notice.
All orders are made in euros and paid in euros. The customer is solely responsible for paying the invoices addressed to him.
The client can benefit from discounts for the purchase of the course. If you have a discount coupon, simply enter the coupon code when prompted for that information during the course purchase process.
To find out how to obtain a discount for the purchase of the course, you can enter the contact
10.2. Way to pay
When paying for courses, the client can only pay with their card (credit/debit) or using PayPal.
The Client has two payment methods. You can make a single payment or you can pay in three comfortable installments, without interest. Payment in three installments can only be made by card, not PayPal.
The Client guarantees ALICIA MONTERO SCHIEMANN that he has all the rights to use the payment method chosen when validating the order. The client acknowledges that by filling in the appropriate fields, he provides the payment information with his full acceptance to make this payment to ALICIA MONTERO SCHIEMANN for the entire amount owed.
When acquiring the training on the website, the Client/Student is redirected to the entity in charge of the Stripe payment gateway or to PayPal. At this stage, the Client/Student will be asked to fill in the corresponding fields with their bank card number, expiration date and control number. The various stages of the payment process are fully encrypted and protected. The information related to the order and the card number does not circulate unencrypted on the Internet. The card number is not printed on documents, invoices, credit card receipts or other proof. In addition, ALICIA MONTERO SCHIEMANN never accesses the payment information of the Client/Student. The payment gateway does not save the card numbers once the payment transaction has been transmitted to ALICIA MONTERO SCHIEMANN.
If the Client chooses to pay in three installments, he must be up to date with his payment. That is, the Client has lifetime access to the course as long as they have made the corresponding payments. In case there are pending payments, you will be notified by email with two additional reminder emails if necessary.
The Client has a period of seven calendar days to pay the amount owed and, if he does not do so, his account will be deleted from the teaching platform due to non-payment. The Client will not be able to continue the course. He can re-enroll if he wants, but he’ll have to pay full price and start from scratch.
10.3. Order process and validation
Registration can only be done online through the website. The registration to the training by the client constitutes an act of irrevocable acceptance of these conditions, and can only be challenged in limited cases provided for in this agreement in accordance. Consequently, ALICIA MONTERO SCHIEMANN can in no case be held responsible for the non-execution or bad execution of the contracted services, due to the entry of the data of the particular client.
10.4. Acknowledgment of receipt
The receipt is sent to the customer as soon as the customer’s order is processed. It is legally binding proof of the order when combined with the original invoice.
In case of disputes related to the nature of the services of ALICIA MONTERO SCHIEMANN or the use of the Client/Student of the website, the information stored in the electronic payment device and within the framework of the automatic collection of information by ALICIA MONTERO SCHIEMANN, could be used as evidence between both parties.
ALICIA MONTERO SCHIEMANN could, under certain circumstances, use for advertising, printed commercial documentation resulting from specialized publications or trade fairs. ALICIA MONTERO SCHIEMANN could use the name of the Client / Student and / or her opinion, for advertising purposes, but this could only be validated with the express authorization of the client.
The Client/Student is not allowed in any way to transfer, change and exchange the license rights and obligations that affect this contract, except that the form and content may be altered under the condition that the changes are pre-agreed and by written from ALICIA MONTERO SCHIEMANN. However, it is expressly excluded in this contract – or terms and conditions of sale – any transfer of property from ALICIA MONTERO SCHIEMANN to the Client/Student.
ALICIA MONTERO SCHIEMANN is the person in charge of the treatment of the personal data of the Client/Student and informs that this data will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (GDPR), and the Law Organic 3/2018, of December 5 (LOPDGDD), for which the following treatment information is provided:
end of treatment
Provision of distance training through the ALICIA MONTERO SCHIEMANN platform.
In addition to the data collected in the registration form, the system may record other data that will offer the Client/Student important tools to offer a quality service, such as login data, student connection time, etc.
ALICIA MONTERO SCHIEMANN uses a secure payment system to protect Client/Student payment information and guarantees that it never collects or accesses payment information.
Planned processing operations
- Sending important notices, such as communications about purchases and changes in the terms, conditions and policies of ALICIA MONTERO SCHIEMANN. Because this information is essential for your interaction with ALICIA MONTERO SCHIEMANN, the Client/Student cannot opt out of receiving these communications.
- Sending of commercial communications related to new courses and news by e-mail, fax, SMS, MMS, social communities or any other electronic or physical means, present or future, that makes it possible to carry out commercial communications.
- Process orders, requests or any type of request that is made by the Client/Student through any of the contact forms that are made available to them.
- Carry out statistical studies.
- Forward the newsletter on the website.
Data retention criteria
They will be kept as long as there is a mutual interest to maintain the purpose of the treatment and, when it is no longer necessary for this purpose, they will be deleted with adequate security measures to guarantee the pseudonymization of the data or their total destruction.
Personal data will not be disclosed to third parties as recipients, except as required by law, legal process, litigation and/or requests from public and government authorities within or outside your country of residence, national security or other matters of public importance.
Rights that assist the Client/Student
- Right to withdraw consent at any time without affecting the legality of the treatment carried out up to this moment.
- Right of access, rectification and deletion of your data, and limitation or opposition to its treatment.
- Right to file a claim with the Control Authority (www.aepd.es) if you consider that the treatment does not comply with current regulations.
Contact details to exercise rights
- Postal address: ALICIA MONTERO SCHIEMANN. C/. Tord 15, house 6, 2o, A, – 07609 Llucmajor (Balearic Islands). Email: email@example.com
- Email address: firstname.lastname@example.org
Mandatory or optional nature of the information provided by the Client/Student
The Client/Student guarantees that the personal data provided to ALICIA MONTERO SCHIEMANN is true and is responsible for communicating any changes thereto. In the event that all the data is not provided, it is not guaranteed that the information and services provided are completely adjusted to your needs.
That in accordance with the provisions of current regulations on the protection of personal data, ALICIA MONTERO SCHIEMANN is complying with all the provisions of the GDPR regulations for the processing of personal data under its responsibility, and manifestly with the principles described in article 5 of the GDPR, for which they are treated in a lawful, loyal and transparent manner in relation to the Client/Student and adequate, pertinent and limited to what is necessary in relation to the purposes for which they are treated.
ALICIA MONTERO SCHIEMANN guarantees that it has implemented appropriate technical and organizational policies to apply the security measures established by the GDPR in order to protect the rights and freedoms of Clients/Students, and has provided them with the appropriate information so that they can exercise them.
ALICIA MONTERO SCHIEMANN uses current standard technology to maintain the confidentiality and protect the personal information of the Client/Student and has taken due precautions to safeguard the information against loss, theft and misuse, as well as against unauthorized access and disclosure.
ALICIA MONTERO SCHIEMANN is subject to periodic security evaluations in order to improve its security. However, it cannot guarantee that Client/Student information will be kept safe from unauthorized access. As a result, ALICIA MONTERO SCHIEMANN will not be responsible or legally liable for any loss of privacy, disclosure of information, damage or harm that may result from such intrusion.
If any of these terms and conditions are found to be unlawful, void, or for any reason unenforceable, this condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
ALICIA MONTERO SCHIEMANN may, without prior notice, suspend or terminate Client/Student access to its services and training, in whole or in part, for any valid reason, including, without limitation, when:
The Client/Student does not comply or follow any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practices or use policies.
If for any reason ALICIA MONTERO SCHIEMANN suspends or discontinues the service or is unable to provide a Service (or any part thereof) for the Client/Student.
When ALICIA MONTERO SCHIEMANN exercises any of its rights or powers under this Clause, such exercise will not harm or affect the exercise of any other right, power or remedy that may be available to ALICIA MONTERO SCHIEMANN.
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. ALICIA MONTERO SCHIEMANN and the Client/Student agree to submit any dispute that may arise from the provision of the services subject to these Conditions to the courts and tribunals of the Client/Student’s domicile.
In the event that the Client/Student is domiciled outside of Spain, ALICIA MONTERO SCHIEMANN and the Client/Student expressly waive any other forum, submitting to the Courts and Tribunals closest to
the population of Llucmajor (Spain).