GENERAL CONDITIONS OF CONTRACTING THESERVICE
1.- DEFINITION OF THE SERVICE
It consists of the provision of advice, intermediation and legal advice, carried out and carriedout through telephone and / or telematics, and the sending of national and internationalextrajudicial claims, prior to the judicial route. The service is provided in Spanish.
2.- DEFINITION OF CLIENT AND USER
The NATURAL OR LEGAL PERSON WHO CONTRACTS THE SERVICE AND REGISTERS ASTHE OWNER OF THE SERVICE IS CONSIDERED A CLIENT. A USER is considered to be thenatural person who can consult on matters subject to advice as a CLIENT or as anauthorized client, due to his/her status as legal representative, spouse or partner with whomhe or she habitually lives, or child who lives in the family home. The USER must be previouslyidentifi ed in accordance with section 4.
The service is provided on factual situations that have occurred in European territory and towhich European legislation is applicable, with the competence of the European Judges andCourts. The content of the advice provided to the USER by ABOGADO DE COCHES SL maynot be used for uses other than the strict personal use of the same; the public disseminationof the aforementioned advice will require the express authorization of ABOGADO DECOCHES SL.
In advance of the provision of the service, ABOGADO DE COCHES SL will request from theUSER the data that are necessary to verify the right to it. These data have been collected inany case from the USER himself. This service is personal and, (by acceptance of ABOGADODE COCHES SL) transferable.
5.- CONTRACTING AND PAYMENT METHOD
The contracting will be telephone and telematic, and at that time the CLIENT must providethe data required for the purpose indicated in the thirteenth clause of these conditions. Priorto the conclusion of the contract and with the necessary notice, ABOGADO DE COCHES SL,in a truthful, effective and complete manner, will have provided information on the conditionsof the contract and will send the CLIENT, by any means appropriate to the distancecommunication technique used, the full text of these general conditions.
It is established as the main form of payment by credit card or bank transfer in the accountdesignated for this purpose; in any case, the CLIENT authorizes the processing andconservation of the data necessary for this purpose. Once the contract has been made,ABOGADO DE COCHES SL will practice a provisional discharge. ABOGADO DE COCHES SLmay not attend the fi rst use of the service until the verifi cation of the payment of the same.In case of payment by direct debit, this verifi cation is accommodated in time to what isstipulated in the regulations in force at all times.
Once ABOGADO DE COCHES SL has verifi ed that the receipt has been paid and not returned,it will proceed to make a defi nitive registration with effect from the date of the contract. Ifthe receipt is unpaid or returned, the contract will not be considered perfected, so the partieswill not have the right to make any claim. The foregoing shall be without prejudice to theright of ABOGADO DE COCHES SL to claim payment of the price in judicial and extrajudicialproceedings in the cases where appropriate, in addition to the possibility of including theCLIENT’s data in fi les of patrimonial solvency and credit.
Once the contract has been perfected and the payment paid by the CLIENT has not beenmet, ABOGADO DE COCHES SL will be entitled to the collection of non-payments plus thelegal interest of the money, as well as the bank expenses derived from the return of thereceipt. ABOGADO DE COCHES SL will send the CLIENT information to access the clientarea.
6.- DURATION OF SERVICE AND RENEWALS
The duration of the coverage of ABOGADO DE COCHES SL to the CLIENT will be unlimiteduntil the end of the extrajudicial phase. In order to maintain the quality of the service,ABOGADO DE COCHES SL may agree to the suspension of the telephone service and, whereappropriate and prior warning to the user, terminate the contract if an irregular, fraudulent ornot contractually foreseen use is detected, being understood to include in such case, by wayof example, those cases in which the volume and diversity of consultations makes itpresumethattheyarebeingcarriedoutintheinterestofthirdpartiespersonsotherthanthe
presume that they are being carried out in the interest of third parties. persons other than theUSER; when it comes to the knowledge of the lawyer or lawyers who attend the query (s) thatthe USER is incapacitated in fact or in law; if impersonation of the USERS is detected; whenrepeated consultations are carried out that are not of a legal nature; or in cases whereignorance of the language makes mutual understanding impossible.
If the CLIENT unilaterally decides to terminate the contract without any breach by ABOGADODE COCHES SL, the contract will be terminated without any right to claim either the refund ofthe fee or any proportional part of it. ABOGADO DE COCHES SL, at its discretion and withoutprejudice to other rights that assist it, may terminate the contract if it considers that it has nopossibility of providing the service to the CLIENT. In this case, the fee paid will be refundedeven if the service has been used.
7.- RIGHT OF WITHDRAWAL
The CLIENT has the right to withdraw from the contract within 2 working days of itsconclusion. This right of withdrawal will not proceed if the slightest service had beenprovided before the end of said period, such as the study of documentation, drafting ofdocuments or intermediation with the opposing party.
The USER may use the services of ABOGADO DE COCHES SL from 9:00 a.m. to 2:00 p.m.and from 4:00 p.m. to 6:00 p.m. in peninsular hours from Monday to Friday, except nationalholidays. Inquiries or documentation that arrive outside those hours will be understood tohave been received the next business day at 9 in the morning, in accordance with the criteriaexpressed.
9.- CONFLICT BETWEEN USERS AND CONFLICT OF INTEREST
The criteria of the Code of Ethics of the Spanish Legal Profession will be met.
10.- CONTENT OF THE SERVICE
2.Study of documentation
3.Drafting of documents
4.National and international shipments
5.Negotiations with the opposing party
6.Drafting of Agreements.
11.- RESOLUTION OF CONSULTATIONS
The consultations will deal with the matters included in the tenth clause of these generalconditions and may be answered by ABOGADO DE COCHES SL at the same time as they areraised, and at the latest within a maximum period of three days, excluding Saturdays,Sundays and national holidays, depending on the complexity of the matter raised.
12.- DATA PROTECTION
In compliance with the provisions of the General Regulation on the Protection of PersonalData (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016(hereinafter, RGPD) and in Organic Law 3/2018, on the Protection of Personal Data andguarantee of digital rights, we inform you expressly, accurately and unequivocally that thedata provided by you, as well as those generated during your relationship with our entity, willbe incorporated and treated in the fi les under the responsibility of IMPORTAR COCHES SL, inorder to maintain and comply with the entity-client relationship and provision of servicesderived from it, including the sending of communications and informative circulars ofinterest to the client within the framework of the aforementioned relationship.
The consent will be understood to have been given as long as it does not communicate inwriting the revocation of the same. The owner of the data undertakes to communicate inwriting to IMPORTAR COCHES SL, any modification that occurs in the data provided.Likewise, your data will be transferred in all those cases in which it is necessary for thedevelopment, compliance and control of the entity-client relationship and provision ofservices derived from it or in the cases in which it is authorized by a norm with the rank oflaw.
You may at any time exercise the right of access, rectifi cation, cancellation / deletion,opposition, limitation or portability in the terms established in the RGPD, at the followingaddress: Calle González Besada, 15-5ºG, 33007, Oviedo, Asturias, attaching a copy of yourID. If you consider that the processing of your personal data violates the regulations or yourrights, you can fi le a claim with ABOGADO DE COCHES SL, or with the Spanish Agency forData Protection, through its electronic headquarters, or your postal address:
Spanish Agency for Data Protection.
C/ Jorge Juan, 6. 28001 – Madrid
13.- INFORMATION GENERAL CONDITIONS
These general conditions are published on the website of ABOGADO DE COCHES SL, without prejudice to any subsequent updates that may occur.