Mon - Thu: 08:30 - 15:00 & 16:00 - 19:00
Friday 08:30 - 15:00
INTRODUCTION:
This document is intended to establish and regulate the rules governing the use of this web portal, understood as all the pages and their contents owned by CREATIVE QUALITY S.L., which are accessed through the domain https://www.timelaboris.es. Use of the web portal grants the status of user and implies acceptance of all the conditions included in this Legal Notice. The user undertakes to carefully read this Legal Notice each time they intend to use our web portal, as it and its conditions of use contained in this Legal Notice may be subject to modification.
IDENTIFICATION DETAILS:
In compliance with the duty of information set forth in Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following information is set out below:
USER:
Access to and use of this portal grants the status of USER, who accepts, from such access and use, the General Conditions of Use reflected herein. These Conditions shall apply regardless of any General Contracting Conditions that may be mandatory where applicable.
USE OF THE PORTAL:
It provides access to various information about our entity, contact sections, hyperlinks to social media, hereinafter contents belonging to CREATIVE QUALITY S.L., or to its licensors, to which the user may have access. The user assumes responsibility for the use of the portal. Such responsibility extends to the registration that may be necessary to access certain services or contents, or to enable a response regarding their enquiries in the contact sections of this website, etc. In such registration, the user shall be responsible for providing truthful and lawful information.
The user must refrain from removing, altering, bypassing, or manipulating any protection device or security system that may be installed on the pages of the domain https://www.timelaboris.es. Unauthorised use of the information contained on this website, as well as damage caused to the intellectual and industrial property rights of CREATIVE QUALITY, S.L., may give rise to the exercise of any actions legally available and, where appropriate, to the liabilities arising therefrom.
DATA PROTECTION
CREATIVE QUALITY, S.L. complies with the provisions of Articles 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights. We inform you of all legal aspects in our Privacy Policy.
INTELLECTUAL AND INDUSTRIAL PROPERTY:
CREATIVE QUALITY S.L., either itself or as assignee, owns all intellectual and industrial property rights of its website, as well as the elements contained therein (including, by way of example, images, sound, audio, video, software or texts; trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.).
All rights reserved. Pursuant to the provisions of Articles 8 and 32.2, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication, including the making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorisation of CREATIVE QUALITY S.L., are expressly prohibited.
At no time, unless expressly stated otherwise, shall access, browsing or use of the Website or its contents confer upon the user any rights over the distinctive signs included therein.
The user undertakes to respect the Intellectual and Industrial Property rights owned by CREATIVE QUALITY S.L.
In the event that the user sends information of any kind to CREATIVE QUALITY S.L. through any of the channels enabled for this purpose within our web portal, the user declares, warrants and accepts that they have the right to do so freely, that such information does not infringe any intellectual property, industrial property, or any other rights of third parties, and that such information is not confidential in nature nor harmful to third parties.
EXCLUSION OF WARRANTIES AND LIABILITY:
CREATIVE QUALITY S.L. shall not be liable, under any circumstances, for damages of any kind that may be caused, including but not limited to: errors or omissions in the contents, lack of availability of the portal, or the transmission of viruses or malicious or harmful programs in the contents, despite having adopted all the necessary technological measures to prevent it. The content, information and advice expressed on this web portal should be understood as merely informative.
CREATIVE QUALITY S.L. does not in any way guarantee their effectiveness or accuracy, and is exempt from any liability to users who make use of them.
Contents and comments provided by third parties may be published on this Site.
CREATIVE QUALITY S.L. is not responsible for the truthfulness and accuracy thereof and is exempt from any liability to users who make use of them.
CREATIVE QUALITY S.L. reserves the right to modify the content of the Site without prior notice and without any limitation whatsoever. Likewise, the company declines any liability for any possible damages that may be caused by the lack of availability or continuity of this site and of the services offered therein.
Nor can we guarantee the absence of viruses or other elements on the Website that may cause alterations to your computer system. CREATIVE QUALITY S.L. declines any liability for the services and information provided on other sites linked to this one, as it neither controls nor exercises any type of supervision over third-party Websites.
We advise users of such sites to act prudently and to consult the possible legal conditions set out on those Websites. Likewise, Users who send any type of information shall ensure that it is truthful and that it does not infringe any rights of third parties or current legislation. If you believe that any content or information on this Site infringes a legitimate right or current legislation, we would be very grateful if you would contact us through any means you consider appropriate, either at the email address rgpd@creative-quality.es or at the following telephone number 958536056 so that we may take the appropriate measures.
MODIFICATIONS:
CREATIVE QUALITY S.L. reserves the right to make, without prior notice, any modifications it deems appropriate to its portal, and may change, remove or add both the contents and services provided through it, as well as the way in which they are presented or located on its portal.
LINKS:
In the event that links or hyperlinks are placed under the domain name that lead to other Internet sites, CREATIVE QUALITY S.L. shall not exercise any type of control over such sites and contents. Under no circumstances shall CREATIVE QUALITY S.L. assume any liability whatsoever for the contents of any link belonging to an external website, nor shall it guarantee the technical availability, quality, reliability, accuracy, completeness, truthfulness, validity and constitutionality of any material or information contained in any such hyperlinks or other Internet sites. Likewise, the inclusion of these external connections shall not imply any type of association, merger or participation with the connected entities.
The user acknowledges and accepts that CREATIVE QUALITY S.L. shall not be liable for any losses or damages that the user may incur as a result of the availability of the aforementioned websites or external resources, or as a result of the trust placed in the completeness, accuracy or existence of any advertising, products or other materials offered through such website or other resources.
RIGHT OF EXCLUSION:
CREATIVE QUALITY S.L. reserves the right to deny or withdraw access to the portal or to the services offered without prior notice, at its own request or at the request of third parties, from those users who fail to comply with these General Conditions of Use.
GENERAL PROVISIONS:
CREATIVE QUALITY S.L. shall pursue any breach of these conditions, as well as any improper use of its portal, by exercising all civil and criminal actions to which it may be entitled by law.
APPLICABLE LAW AND JURISDICTION:
The relationship between CREATIVE QUALITY S.L. and the user shall be governed by current Spanish legislation. And whenever the applicable legislation establishes the possibility for the parties to submit to a specific jurisdiction, any dispute between the person responsible for the website and the user shall be submitted to the Courts and Tribunals of the city of Granada.
EUROPEAN ONLINE DISPUTE RESOLUTION PLATFORM:
We inform you that, in the event of any problem arising from the contracted service or product sold, you may use the European online dispute resolution platform, which is:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES
INTRODUCTION
This contractual document shall govern the General Conditions for the contracting of software rental services in SaaS mode (hereinafter, the “Conditions”) through the website https://www.timelaboris.es, owned by CREATIVE QUALITY S.L under the trade name Creative Quality, hereinafter, the PROVIDER, whose contact details also appear in the Legal Notice of this Website.
Quality is a professional product, for exclusive use by business owners, whether natural or legal persons, who carry out an economic activity. Creative Quality is not distributed to natural persons in the exercise of exclusively personal or domestic activities.
These Conditions shall remain published on the website and available to the USER so that they may reproduce and save them as confirmation of the contract, and they may be modified at any time by CREATIVE QUALITY S.L. It is the USER’s responsibility to read them periodically, as those in force at the time orders are placed shall be applicable. CREATIVE QUALITY S.L shall file the electronic document in which the purchase is formalised and shall make it available to the USER should they request it.
Contracts shall not be subject to any formality whatsoever, except in cases expressly provided for in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
These conditions shall have an indefinite period of validity and shall be applicable to all contracts entered into through the PROVIDER’s website.
The PROVIDER informs that the business is responsible for and aware of the legislation in force in the countries to which it ships the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.
IDENTITY OF THE CONTRACTING PARTIES
On the one hand, the PROVIDER of the services contracted by the USER is CREATIVE QUALITY S.L, with registered office Street Arabial, 45, Premise 59, Shopping Mall Neptuno, Door 5, Postal Code 18004 Granada (Spain), Tax ID B18799353 and with customer/USER service telephone number 958536056.
And on the other hand, the USER, registered on the website and responsible for the truthfulness of the personal data provided to the PROVIDER.
PURPOSE OF THE CONTRACT
The purpose of this contract is to regulate the contractual sales relationship arising between the PROVIDER and the USER at the moment when the latter accepts the corresponding box during the online contracting process.
The contractual sales relationship entails the provision, in exchange for a specific and publicly displayed price through the website, of a specific service.
RECTIFICATION OF DATA
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify them by email at rgpd@creative-quality.es so that CREATIVE QUALITY S.L may correct them as soon as possible.
The USER may keep their data updated by accessing their user account on the contracted platform.
CONTRACTING PROCEDURE
The USER, in order to access the services offered by the PROVIDER, must be of legal age or an emancipated minor and register through the website by means of the contracting process enabled for this purpose. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which shall be processed in accordance with the provisions of Regulation (EU) 2016/679, of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018, of 5 December (LOPDGDD), on the protection of personal data, as detailed in the Legal Notice and in the Privacy Policy of this website.
In accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure shall follow these steps:
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.
2. DISPATCH AND DELIVERY OF ORDERS
The PROVIDER shall not process any order until it has verified that payment has been made.
The dispatch of the access credentials to the service shall be made to the email address freely designated by the USER.
The dispatch shall take place once the platform has been configured and payment for the order has been verified.
The delivery period shall be between 24 and 48 business hours, counted from the time the USER has provided all the information necessary for the configuration of the service.
Failure to perform the distance contract
If the contract cannot be performed because the contracted service is not available within the expected period, the USER shall be informed of the lack of availability and shall be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages being attributable to the PROVIDER as a result.
In the event of unjustified delay by the PROVIDER in returning the total amount, the USER may claim payment of double the amount owed, without prejudice to their right to be compensated for damages suffered insofar as they exceed that amount.
The PROVIDER shall not assume any liability when the activation of the service is not carried out because the data provided by the USER are false, inaccurate or incomplete.
Delivery shall be deemed to have taken place at the moment when the PROVIDER has made the software available to the USER by means of an email containing the access details thereto.
The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, by a simple declaration, require the correction of such lack of conformity, a reduction in price or termination of the contract. In any of these cases, the USER may also claim compensation for damages, where appropriate.
The USER shall have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.
It is the USER’s responsibility to verify the service upon receipt and to state all reservations and complaints that may be justified in the delivery receipt document.
If the contract does not entail the physical delivery of any product, but rather an activation for download on a website, the PROVIDER shall inform the USER in advance regarding the procedure to be followed to carry out such download.
3. RIGHT OF WITHDRAWAL
Creative Quality is not distributed to natural persons in the exercise of exclusively personal or domestic activities, therefore this contract is not subject to Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws.
In any event, the right of withdrawal does not apply (Art. 103 Royal Legislative Decree 1/2007, of 16 November) to contracts referring to the provision of services, once the service has been fully performed, when performance has begun with the consumer’s and user’s prior express consent and with their acknowledgement that they are aware that, once the contract has been fully performed by the trader, they will have lost their right of withdrawal; or to the supply of digital content not supplied on a tangible medium when performance has begun with the prior express consent of the consumer and user and with their knowledge that they consequently lose their right of withdrawal.
4. COMPLAINTS
Any complaint that the USER considers appropriate shall be attended to as soon as possible and may be submitted at the following contact address:
Postal: CREATIVE QUALITY S.L, Street Arabial, 45, Premise 59, Shopping Mall Neptuno, Door 5, Postal Code 18004 Granada (Spain)
Telephone: 958536056
E-mail: rgpd@creative-quality.es
5. FORCE MAJEURE
The parties shall not incur liability for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.
6. JURISDICTION
The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null and void or impossible to perform, the validity, legality and enforceability of the remainder shall not in any way be affected or modified.
The USER declares that they have read, know and accept these Conditions in their entirety.
7. GENERAL TERMS OF THE OFFER
All sales and deliveries made by the PROVIDER shall be deemed subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of CREATIVE QUALITY S.L or to what is stipulated herein shall have effect, unless there is an express written agreement signed by the PROVIDER, in which case such particular agreements shall prevail.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or any other taxes that may be applicable.
The prices applicable to each product are those published on the website and shall be expressed in EURO. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, you may check online all the details of the quote: items, quantities, price, availability, charges, discounts, taxes and the total purchase amount. Prices may change daily until the order is placed.
Once the order has been placed, the prices shall remain unchanged whether or not the products are available.
Every payment made to the PROVIDER shall entail the issuance of an invoice in the name of the registered USER or of the company name that they informed at the time of placing the order. The invoice shall be issued in pdf format and sent by email to the USER at the address they have provided for this purpose.
For any information regarding the order, the USER may contact the PROVIDER’s customer/USER service by telephone at 958536056 or by email at rgpd@creative-quality.es .
9. TRANSPORT COSTS
As this is a SaaS software rental service, there are no transport costs.
10. METHODS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the financial transactions and enables the following methods to make payment for an order:
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all for the purpose of preventing unauthorised access to data. In order to achieve these purposes, the user/customer accepts that the provider may obtain data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
Pursuant to the card brand programs, the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or cardholder or cardholders is prohibited.
11. PURCHASE PROCESS
The purchase process entails the following steps for its proper formalisation:
12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is considered unlawful, null and void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, licence, regulation, directive, code of practice or policy applicable thereto.
Whenever the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
13. GUARANTEES AND REFUNDS
Creative Quality is an online platform hosted on servers under the responsibility of the PROVIDER, with an SSL security certificate and accessible through a web browser with access controlled by a username (email address) and a password created by the USER.
Access to or use of the software requires an Internet connection through the latest versions of current browsers, therefore the PROVIDER shall not be responsible for operation on earlier versions.
The PROVIDER disclaims the implied warranties of merchantability or fitness for a particular purpose, and any that may arise from usual transaction practice or course of business.
The specifications of the contracted product are detailed in the service agreement.
Once the USER has accepted the conditions established in said agreement and it has been fully performed, they shall have lost their right to return the contracted product and to be reimbursed for the amounts paid for it.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law and shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, from which software is expressly excluded. The parties submit, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals nearest to Granada. If, for any reason, a competent court were to declare any provision of this Licence or part thereof unenforceable or ineffective, the remainder of this Licence would remain in full force and effect.
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