General Contracting Conditions

To access the service contracting, you must read and accept the General Contracting Conditions.

If you wisth, you can download this document in PDF or WORD format:

GENERAL CONTRACTING CONDITIONS

ENTRELEYES, S.L., addressed in Avenida Federico García Lorca, nº 81, 04004, Almería, CIF number: B-04551685, is the creator and owner of the Entreleyes Legal Shops, included the Online Shop, and its library and Data Base, generated and structured from the legal information published in the current Codes and different Official Bulletins which are in force, together with other sources of information that are own and others come from suppliers of legal data bases with a recognized prestige, shaping all of them a Software which is property of the COMPANY, and offers a great variety of products and services related with that information.

These present General Contracting Conditions mean the general regulation of the services given by ENTRELEYES, S.L. (from now, it would be called the COMPANY) through the chain of Entreleyes legal shops as well as the web site entreleyes.es, constituting a legal framework which develops the contractual relation.

This document is accessible in every moment, visiting the COMPANY's web site and in all of our legal shops and can be printed and stored by the USER (from now, it would be called too the CLIENT), who declares to be of age, and to have sufficient legal capacity to be linked by the present contracting conditions and contract the services offered by the COMPANY. With the use of the services is understood that the user manifest his/her agreement and consent, in an express way, fully and without any reservation, with the totality of the present general conditions in the published version at the moment of the given services by ENTRELEYES, S.L.

1. IDENTIFICATION OF THE CONTRACTING PARTS

1.1. The present general contracting conditions of services offered by the COMPANY, are signed, in one side, by ENTRELEYES, S.L. (C.I.F. number B-04551685) registered in the Mercantile Registry of Almería, Volume 1029, Book 0, Page 94, Leaf AL-25121, inscription 1º, with address in Avd. Federico García Lorca nº 81, 04004, Almería.

And in other side, by the USER, whose personal details are those that have been recorded by him/her in the buy or subscription form of the contracted service; that the company has provided to that effect. All the details included in that form have been introduced directly by the client, and because of that, the responsibility about the authenticity of them, belongs directly and exclusively to the USER.

1.2. To have access to the services and/or subscription contents in the web site is required to fill the registry forms which necessary means the provision of certain basic details of personal character.

1.3. To complete and send any form incorporated in the web side, the CLIENT allows and gives expressly authorization to the COMPANY to take and treat of automation way the personal character details which are required in conformity with the finalities and under the conditions that are detailed in the privacy politic.

1.4. The COMPANY informs that all the details are object of an automation treatment, with the previous express consent of the CLIENT from the first moment by the fill of the subscription form observing the prescriptions of the Organic Law of Protection of Personal Details, O.L. 15/1999, 13th of December and of LSSICE, Law 34/2002, 11th of July, relative to the consent of the client regarding with the reception of the commercial communications, that can manifest activating the space for it, in all the forms to require details in the web site.

1.5. The COMPANY informs that in accordance with the article 9 of LSSICE would communicate at legal time to the Mercantile Registry of Almería the domain name of the web site www.entreleyes.es , acting in Internet under this name.

2. OBJECT OF THE CONTRACT

ENTRELEYES would give to the USER professional services of legal preventive information and/or legal advising personally in one of our legal shop of ENTRELEYES (from now designated as personal attention), or by Internet through our Online shop (from now called Online attention).

All the professional services done in the ENTRELEYES LEGAL SHOPS would be attended by practising collegiate lawyers/solicitors in the territory of Spain and with an extensive experience in their profession. It would be a previous condition at the beginning of the professional services, always, the express acceptation by ENTRELEYES.

Legal Shop

The services that ENTRELEYES gives to its CLIENTS personally, would be through any of our ENTRELEYES LEGAL SHOPS, and it would be done immediately, without have to wait or have to apply for an appointment, without the necessity of being a member. The CLIENT could use that service, continuously during the commercial timetable that goes from 9:00 to 14:30 and from 16:30 to 20:30, local time, from Monday to Saturday (on Saturday we are open only in the morning), except national and local bank holidays, to consult the legal question that could have. The service could be offered in different ways as a verbal consult, giving a legal inform, by assistance to carry out a proceeding or through the sell of documents.

Online Shop

To contract the Online service, is needed from the USER and compulsory, to read and accept the legal warning respect the use of the web site www.entreleyes.es, as well as the previous registry of the USER in the section “Online Shop” which is found in this web site, following the indicated steps. The details marked with asterisk and the acceptation of the general conditions, which develop and complement the present general conditions, in the forms at the disposition of the USER, are compulsory to be registered and use the online service. Once that the registry has been made rightly, the USER would receive immediately an email with a registry confirmation and with his/her personal details to have access, with them, the user could enter and operate in the online service to carry out the legal consults by email, identifying them, as User of the COMPANY to all effects, accepting the conditions of the services, included the characteristics and prices.

3. OBLIGATIONS RELATIVE TO THE PROCEED OF REGISTRATION

3.1. Regarding the proceed of registration, the CLIENT is the only responsible of the details quality given by her/himself in the forms, and accepts the obligation of facilitate truth, exact and complete details about her/him identity, according to what is requested in the registry form, and have to actualize the details in the registry being these always true, exact and complete.

If the USER would give any false, inexact or not complete detail, or if the COMPANY would have enough reasons to suspect that the information was false, inexact or none complete, would have the right to refuse the access, and the present or future use of the web site, or of any contents and/or services of it.

At any time, the CLIENT could resign automatically as User of the Online shop, that decision would not have a retroactive character, being communicated this decision to the client attention service in Internet, by telephone to the number 902 52 37 52 or by email to the address info@entreleyes.es or by post to the address above indicated.

4. FEES

Except in cases where could exist another agreement between ENTRELEYES and the USER, regarding the fees for using the LEGAL SHOPS and ONLINE SHOPS, would be applied the following rules.

To a personal service are going to be applied the current prices, at the moment of the consult, in the ENTRELEYES legal shop where it would be done. These are displayed in a visible place and will be detailed before the service assistance in accordance with the actual legislation. The fees would be priced by terms of time, been able ENTRELEYES to establish a minimum time to be priced per consult.

In case of using the ONLINE SHOP it would be applied the prices indicated in the online form, available for the User to send his/her consult to ENTRELEYES, understanding that the mentioned form is part of the contract celebrated between the parts. The fee would be priced in a closed price, establishing a fixed amount per legal consult sent by the CLIENT. This mention would not affect, in case of an obvious disproportionate between the close price and the quantity of work spent by the Lawyers/Solicitors of ENTRELEYES in its resolution, or between the close price and the professional responsibility derived of the online consult, ENTRELEYES reserves to itself the right to resolve the contract and offer to the USER the acceptation and execution of the professional job in accordance with what is established in the adviser criterions, regarding the fees, of the distinguished Colleague of Lawyers in Almería, with the possibility of refunding to the USER the amount that could have paid, without any cost, on the assumption that would happen the definitive resolution of the contract without have been sent the consult or document object of the consult.

5. OBLIGATIONS RELATIVE TO THE CONSERVATION OF MESSAGES RELATIONED WITH THE DONE TRANSACTIONS

Both parts are obligated expressly to conserve all the information crossed between them, as a proof of the done transactions realized electronically.

6. NORMS RELATIVE TO THE FORMATION AND VALIDITY OF THE CONTRACT

6.1. The USER understands that the information which is contained on the pages of the web site entreleyes.es, and the descriptions of the different products and services offered on it, as well as the general conditions of contracting, are enough to exclude the mistake in the formation of the consent.

6.2. The present general conditions of contracting would be part of the contract in the moment of acceptation by the USER, manifested this by the sent of the buy or subscription form through the web site www.entreleyes.es, or personally through any of our legal shops. It is not necessary to confirm the acceptation’s reception of the contract when this has been celebrated exclusively through email or other kind of equivalent communication, as is said in the article 28.3 b) of Law 34/2002 of Services of the Information’s Society and Electronic Commerce.

The validity of the contract celebrated through telematic via would be reflected in the article 23, paragraphs 1 and 2 from Law 34/2002 of the Services of the Information’s Society and Electronic Commerce: "the contracts celebrated by electronic via would have the same validity and would produce all the effects shown in the Legal Civil and Mercantile Order".

6.3. In case of electronic contracting, both parts renounce to the conventional sign, which would be substituted by the remission to the USER of an electronic sign composed by user and password, this allow him/her to be identified and to have access to the contents and services, of the web site, contracted by you.

6.4. The sent of the electronic sign, allow the access by the CLIENT to the product and services contracted and it would be given at the same time of the celebration of the contract, it means, just in one immediately and posterior moment after the payment made by the CLIENT.

From that moment the contract would be entirely valid and signed.

7. VALIDITY OF THE FORM AS A PROOF OF ACEPTATION

7.1. Both parts expressly declare that the acceptation of the service given by the COMPANY to the USER is done through the sent of the buy or subscription form.

7.2. In the same way, the fact of sending telematically the buy or subscription form by the CLIENT means the whole and express acceptation of the present general conditions.

7.3. The acceptation of the offer service of the COMPANY by the CLIENT and of the present general conditions can be done through the telephone and with the help of a commercial adviser of the COMPANY.

8. TERMS

8.1. In general, the COMPANY would send, once confirmed the payment of the service, the consult, information or acquired document or subscribed service in the term of 48 hours and by the way chosen by the CLIENT.

8.2. When it would be necessary to proceed with the Service some information or documents to be given by the CLIENT to the COMPANY, the obligations to give the Service would be suspended up to the given of that information or documents by the client. If it was impossible to answer the consult of the CLIENT in the indicated terms, the COMPANY would inform to the USER by email sent to the address indicated by him/her at the registration. In this case, the USER could remove the consult and it would be refunded the amount that would have paid, without any cost for him/her.

8.3. The dates and terms set by the COMPANY to give the information or go on with the service are fixed of good faith but are provided of a roughly way and are not part of the terms of the contract, not being responsible the COMPANY for the lost, damage or expenses produced direct or indirectly by the delay and/or mistakes in the supply or sent of the products or services solicited in the dates or terms initially explained.

9. PAYMENT AND RENOVATION

The COMPANY would price to the CLIENT for the assistance of the service, in accordance with the current prices in each moment, indicated in the own establishments open to the public and in the pages of commercial information of entreleyes.es, and in accordance with the things specify in the modality chosen by the CLIENT. About the settled amounts in those prices, it would be applied the tax or taxes that in each moment would be actualized, except in case that the tax would be included in the service.

The COMPANY could alter the prices to be applied, but would respect the current conditions in the moment of the contracting by the client up to the following renovation, in this new moment (renovation) the new amount would be the valid one.

The contracting of services or products of the COMPANY could be done through the buy of only one service or product, or in case of Bonus Cards, through the subscription during a minimum term of one year, and with no problem in case that the CLIENT additionally would renovate the subscription by successive terms of identical duration.

The subscription to a bonus card would be renovated automatically, except in the case that the CLIENT would show in advance the opposite to the COMPANY.

In case of delay, the COMPANY reserves to itself the right to suspend or cancel the service.

The service’s payment contracted by the CLIENT would be done by any of the payment ways that are available for the CLIENT in the subscription form and which are the followings:

a) Payment of products or services in effective, only feasible with the personating and assistance to any of our Entreleyes legal shops.

b) Payment of products or services by direct debit.

The Company would present monthly a bill to the client’s bank inside of the first ten days of the following month at the one when it was given the information and by the amount correspondent with the services given that month. To that effect, it would be responsibility of the owner of the contract to domicile the payment in the bank by monthly receipts. If the receipt or the bill presented to be paid was not paid fifteen days after its presentation, the COMPANY reserves to itself the faculty to cancel the supply of information as well as the orders or jobs given before, and without exclude the execution of the legal actions to claim the owed amounts and the commissions and expenses generated because of the recover of the non-payment, that would be charged to the CLIENT.

c) Payment of products or services by credit card.

The CLIENT can pay the products or services by credit card using the technical support of the COMPANY and managed by the bank, to that effect. The payment would be done securely. Once the payment would be done, the COMPANY would issue the correspondent invoice. For security reasons, the COMPANY does not solicit or keep of any way the payment details, being all the buying process in the hands of the bank. The COMPANY only receives, by the bank, the authorization code, or failing that, the cause of the mistake in the operation.

d)

d) Payment of products or services by bank transfer.

The CLIENT can do the payment of the products or services by bank transfer to the account fixed in each moment by the COMPANY as owner of itself. Once maid the deposit, it should be sent by the CLIENT through fax, a written proof of it, and after the reception of that proof the COMPANY would send the acquired product or service and would issue the correspondent invoice.

10. NON DEVOLUTION

10.1. The products and services of the COMPANY which are commercialized by the direct sell in any of its LEGAL SHOPS, the download of files, the access to data bases, or the contents of the web site in general, with the previous payment by the CLIENT for them to use it or receive them, do not involve the existence of any right of devolution of the paid price once that the CLIENT could have access to the product or service selected, neither the right to desist once that these could have been reproduced or copied with immediately character, except what is said in the clause 4 of the present general conditions.

10.2. What has been explained before, does not mean the renunciation of any right by the CLIENT, but the COMPANY informs of what is said in the Law 7/1996, 15th of January, of Ordination of the Retail Trade.

10.3. In this sense and to the effects of the right of resolution considered in the RD1906/1999, which regulates the electronic contracting with general conditions, the CLIENT with previous character to the contracting of the services and/or products of the COMPANY has the faculty to make, before, a real, personal and direct valuation of them, by the personal or virtual visit of any of our legal shops or through the request of an electronic sign (password+user) of limited temporary validity that would allow to access, with the mentioned finality, to the products and/or services of the COMPANY before formalized the contracting of them.

11. PROFESSIONAL SECRECY

As a society that gives its services through lawyers/solicitors, ENTRELEYES is subject to professional secrecy and should keep secret of all the facts and notices that could know by reason of any of the modalities of its professional actuation, could not being obligated to declare about them. The COMPANY strictly would observe that professional secrecy and respect at any time, the confidence of its clients.

Because of that, ENTRELEYES has adopted all the safety measures of technical and organized character necessaries to guarantee the security and confidentiality of the clients´ details and to avoid their alteration, lost or treatment and/or non authorized access, in accordance with the technical state, the nature’s details and the risks which they are exposed. In despite of all we have mentioned, the COMPANY advises that technically can not guarantee the fully security and confidentiality in Internet and, in special, the communication through email. Because of that, if the USER would not trust in the security of the exchange of communications through Internet, should abstain from the online service registration and from operate through this service or email, in general.

If the USER would wish in the exchange of communications the use of determined technologies of codification, the USER should communicated and solicited this, previously, to ENTRELEYES.

12. CONDUCT OF THE CLIENT

12.1. The CLIENT accepts that will not use the service with illegal purposes. The information would be given with confidential character and to exclusive use of the CLIENT, who, never could:

- Disclose by any medium or facilitate that information to a person or persons, being not this information expressly used by the CLIENT.

- To move, transfer, hand over, sublet, give licence, sell or do any disposition act of the services and details, freely or onerously.

- Communicate, freely or onerously, to any person or organization, the total or partial content of the given details.

- To alter, transform, or by any way modify total or partially the given information.

- Copy and/or duplicate the given information or the Entreleyes library, doing extensive this prohibition to the copy of that information once modified and/or merged, as well as the creation of files which would contain total or partially the information given by the COMPANY.

The CLIENT agrees with the point that the information given by the COMPANY could be one more element to take into account to adopt her/his personal, professional or business decisions, but could not take those decisions exclusively using that information, and if the CLIENT would do it this way, he/she liberates at the COMPANY of any responsibilities.

The CLIENT guarantee that the use of legal information contained in the Data base of the ENTRELEYES LEGAL SHOPS included its ONLINE SHOP, is exclusively to guarantee the develop, fulfilment and control of a legal relation freely accepted.

12.2. The COMPANY could refuse to give services; in that case, if the CLIENT would have been paid any amount in this concept, the COMPANY would refund this paid amount to the CLIENT.

12.3. The CLIENT obliges himself/herself to compensate by the damages caused to the COMPANY derivative from the incorrect use of the service or the use of the electronic sign or the access to the web site infringing the terms of the contract, of the legal warning and the good use. Also, would be responsible in front of third persons for the lesions that could cause to their rights.

13. RIGHTS RESERVED ABOUT THE CONTENTS

13.1. The COMPANY is owner of all the rights in its trade mark, services, patents and knowledge in relation with the design and content of the whole services which offers. The present conditions do not constitute a licence to the CLIENT to use those rights with other finalities. Of this way, the CLIENT accepts that the contents offered by the COMPANY are protected by the copyright legislation, as well as the patents and marks legislations.

13.2. Also, the CLIENT obliges himself/herself to not reproduce or distribute those contents, and not create a new work from them without any previous authorization.

13.3. The right to have access to the data bases and other documental services is practised by licences of individual use (one user) and one position (one computer).

14. CONFLICT OF INTERESTS

By evident reasons, ENTRELEYES is obliged to not defend its interests in conflict with the interests of its CLIENTS. Because of that, the COMPANY would check in each case the existence of a conflict of interests, reserving its right to refuse in those cases the professional job and resolving the contract by this motive or by any other cause that would make impossible the execution of the job. In this case, ENTRELEYES would refund to the CLIENT the amount that could have been paid, without any costs for him/her.

15. LIMITATION OF THE RESPONSIBILITY

15.1. The COMPANY does not offer the guarantee, in relation with the fact that its web is operative in every moment, referring expressly any responsibility in case of a bad operation to the telephone net, and without refuse to its right to apply a compensation for the temporary interruption of the service of access to Internet that could be demanded by the CLIENT to the concrete operator which had contracted the service of access to Internet, according to what is established in the Real Decree 424/2005, 15th April, which approves the Regulation about the conditions to give services of electronics communications, the universal service and the users protection, modified by the Real Decree 776/2006, 23rd of June.

The COMPANY does not guarantee, except in case it would be express the opposite, that all the contents which are in its different LEGAL SHOPS and in its web site in Internet are actualized in every moment, because although ENTRELEYES dedicate the biggest effort and care to give an information and services corrects and reliable, because of the big amount of legal, jurisprudence and doctrine material, working with them the COMPANY to compile the information, and the fact that part of the information is elaborated from the details given by sources where the COMPANY not always have the control and which verification not always is possible and exits the human possibility of an involuntary mistake, the COMPANY does not guarantee the correction in every moment of the given information and is not responsible for mistakes or omissions. In consequence, the CLIENT could not demand any responsibility for damages derived from the mistakes and/or inaccuracy in the given information.

15.2. The COMPANY does not share necessary the opinions expressed by the authors and collaborators whose develop the contents. Also, is not responsible for any damage or lost resulting of the carelessness, delay or mistake form part of its directors, employee or agents while they are trying, transmitting or supplying the information object of the present contract, or giving the contracted services.

15.3. The COMPANY is not responsible for the direct or indirect damages derived from the use of the web site or its contents, included damages to informatics systems and virus introduction.

15.4. Without prejudice of the said before, the COMPANY is not going to be responsible for the delays or mistakes that could happened in the access, operation and operative of the web site, or in its services and/or contents, as well as in the interruptions, suspensions or bad operation, the company is not going to be responsible when all of this problems would have origin in a breakdown produced by natural catastrophe or force majeure situation, or extreme urgency, as strikes, attacks or informatics intrusions or any other situation of force majeure or fortuitous cause, and at the same way, when they would have their origin in the supply interruptions or mistakes in the telecommunications service, being fault of the operators of the sector or the suppliers of the telecommunications system, access and connexion of the COMPANY.

16. CIVIL PROFESSIONAL RESPONSIBILITY

ENTRELEYES and its lawyers/solicitors make an effort to give a founded and correct legal advising. However, in case that ENTRELEYES and/or one of its lawyers/solicitors would be civilly responsible for any damages in the goods of a CLIENT or third person, derived from professionals mistakes that could happen in the Exercise of the practise law, the responsibility of ENTRELEYES would be extended, as maximum, until the amount of three hundred thousand euros, as the applicable legislation would permit it. It is understood as damages in goods all the undermining, detriment or good damage that could suffer the Users of the ENTRELEYES LEGAL SHOPS or third persons, as a consequence of professional mistakes that can not be reduced to a personal, material damage or that could be a consequence of these.

17. PARTIAL NULLITY

If any part of these conditions of service would go against Law and, because of that, invalid, that will not affect to the others dispositions agreed with Law. The parts compelled themselves to renegotiate those parts of the conditions of the service that could result invalid and to incorporate them to the rest of the conditions of the service.

18. APPLICABLE LAW AND COMPETENT JURISDICTION

Entreleyes.es is a Web site of legal information and advising basically preventive, which contents and services are based only in the European Communitarian and Spanish Law, because of that the Web site has been commercially aimed to all those people, companies or organizations domiciled in Spain.

These General Conditions are ruled by the Spanish law.

Both parts recognize that the applicable legislation to the present contract, and to all its legal relations that could arise from itself, would be the Spanish, by express application of the article 1.262 of the Civil Code, in its redaction given by Law 34/2002 of the Services of the Information Society, in relation with the Chapter IV, of the Preliminary Title of the same legal body.

In case that the CLIENT would have his/her address out of Spain, the COMPANY and the CLIENT are submitted by their own will, with express renounce to any other Courts, to the Courts and Tribunals of Almería (Spain).

If the USER would reside out of Spain and according with his/her national legislation, or the norms of Privacy International Law if it was not of application the Spanish legislation, the USER understands that he/she is not the receiver of the services or products of the COMPANY.

Please, to any request of additional information, suggestion or proposal, do not hesitate to contact with us by email to info@entreleyes.es or at the attention telephones to CLIENT 902 523 752 / 950 262 645, or Fax 902 526 752.