Términos y condiciones

Version: February 2022

1. Identification data of the information society service provider:

In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, we inform you that the owner of the website https://elprofesorpepe.com is :

José Ortuño Pallarés

Address: Camino Real de Vera, Nº24, CP 30813 Lorca (Murcia)

N.I.F number: 23.307.697-A

E-mail: elprofesorpepe@elprofesorpepe.com

2. Characteristics of the services:

https://elprofesorpepe.com offers through its online website the following services to learn and practice the Spanish language:

• Private tutored classes and live Spanish events
• Spanish classes
• Blog

3. Age of Majority. Veracity of the data:

In accordance with Spanish legislation, if the user is not 18 years of age, they cannot buy through our virtual store. By accepting these general conditions during the purchase process, you declare and guarantee that you are over 18 years of age.

Those under 18 years of age may only contract the services of the website under the supervision and consent of their parents or guardians. The user is solely responsible for the veracity of any data entered in the various forms of the virtual store.

4. Price:

The price of each service is indicated in the information offered about them on the website.

The services in promotion and/or offer are indicated together with their essential characteristics, the price of the promotion or offer and its validity.

The price of the service is expressed in euros.

The price of synchronous online services is exempt from Value Added Tax (VAT) by virtue of article 20.1.10 of VAT Law 37/1992 of December 28. On the other hand, the price of the courses already includes VAT, so the 21% VAT will not be charged to the tax base (price of the service).

5. Purchase process:

For the reservation process of an ONLINE SERVICE, it will not be necessary to register the student in advance (although if there is a previous registration, the personal data will be auto-completed in the reservation form). On the services pages, the student must choose the type of service in which they are interested and complete a reservation form where they have to:

• select the date and time of the appointment.
• select if you want to make the recurring appointment, and if so, choose the dates.
• select if FRIENDS are going to attend the appointment, and if so, select how many.
• complete the form with your name, surnames, email and telephone (not mandatory).
• answer a short reservation questionnaire.
• accept Terms and Conditions and Privacy Policy.
• agree to be +18 years old or, otherwise, have the consent of the legal guardians.
• Enter a discount coupon if you have one.
• select the payment method (credit/debit card through the Stripe platform or through Paypal).
• make the payment with the selected method.
• check that the reservation has been made correctly with the reservation email.

For the process of buying a COURSE, the student’s prior registration will be required (since it will allow them to access their profile and start the courses or continue where they left off). On the courses page the student will be able to see all the courses available for purchase. The moment you select a course, it will show up in the shopping cart, where you could see everything you added for purchase. In the cart, the student must complete the purchase process having to:

• enter a discount coupon if you have one.
• complete the form with your name, surnames, country and email.
• accept Terms and Conditions and Privacy Policy.
• select the payment method (credit/debit card through the Stripe platform or through Paypal).
• make the payment with the selected method.
• check that the purchase has been made correctly with the purchase email.

Prior to purchasing or accessing a service on the website, the user must register, accepting the legal notice and the corresponding privacy policy.

Once registered through the web form provided for this purpose, the user will be sent a confirmation email in order to authenticate the data provided by the user during their registration and provide them with a username and password so that they can make your purchases through the Web.

It will not be necessary to register on the website when requesting a reservation for:

• Individual tutoring.
• Individual or group private class.
• Individual or group chat room.
• Event.

Once the form for this purpose has been completed, the Conditions of Use, Conditions of Sale and Privacy Policy of this entity have been accepted, in addition to having confirmed the purchase process, a confirmation email will always be sent to the user confirming the details of the purchase made.

6. Payment method:

The amount of the services can be paid in different ways:

• Through a Bank Card, making the purchase through the web through the Stripe payment platform. Once the payment is made, you will receive a receipt by email, although you can request a more detailed invoice if you request one.
• Through PayPal, making the purchase through the web through our payment platform. Once the payment is made, you will receive a receipt by email, although you can request a more detailed invoice if you request one.

7. Validity of the contract:

These Terms and Conditions of Sale, being an electronic contract, will be incorporated as a contract for the provision of services, at the moment in which the client gives his consent, which will be understood as provided when he confirms that he has read and accepts the reservation form. of a service or the contracting of a class or a course.

8. Right of withdrawal:

In contracts concluded at a distance, the consumer has the right of withdrawal. The right of withdrawal is the power that the consumer or user has to nullify a contract concluded, thus notifying the other contracting party within the established period, without the need to justify the decision and without penalty of any kind. Under article 71 of the Law on Consumers and Users, «when the consumer and user have exercised the right of withdrawal, the entrepreneur will be obliged to return the sums paid by the consumer and user without withholding expenses. The return of these sums must be made without undue delay and, in any case, before 14 CALENDAR DAYS have elapsed from the date on which the consumer and user were informed of the decision to withdraw from the contract.

None of the SERVICES has a cancellation/annulment option to avoid wasting Professor Pepe’s time preparing a class so that it will be canceled at the student’s whim. Therefore, the services will only have the option to change the date and time. For the tutoring service there is a change period of 12 hours before the start of the appointment, for the service of private classes and chat rooms there is a change period of 48 hours before the start of the appointment and for events there is no option of cancellation / annulment or change since they are very exclusive services with specific dates. For the courses, there is no cancellation/annulment or change option either, since the content is very exclusive and for this, in each course there is a detailed information section on what it is about.

However, there are types of distance contracts in which the right of withdrawal cannot be exercised. Article 103 establishes the right of withdrawal will not be applicable to contracts that refer to «The supply of digital content that is not provided in a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge for his part that consequently he loses his right of withdrawal.

By virtue of the foregoing, the user is aware that the right of withdrawal is not applicable to the services offered at https://elprofesorpepe.com, once the service has been fully executed or when the service has started, with prior express consent of the user.

9. Complaint sheet:

We have at your disposal complaint sheets, as established in Decree No. 3/2014, of January 31, which regulates the unified system of consumer and user complaints in the Autonomous Community of the Region of Murcia (BORM no. 28, 02/04/2014).

10. European platform for alternative dispute resolution:

In accordance with the provisions of article 14.1 of Regulation (EU) No. 524/2013 of the Parliament and of the Council, of May 21, 2013, we inform you that you have the right to request an out-of-court resolution of consumer disputes through of the online dispute resolution platform developed by the European Commission, accessible through this link.

11. Jurisdiction:

In accordance with the provisions of article 29 of Law 34/2002, of July 11, on services of the information society and electronic commerce, in order to determine the place of execution of the contract and designation of jurisdiction:

• Contracts concluded electronically in which a consumer is involved as a party shall be presumed to have been concluded in the place where the latter has his habitual residence.
• Electronic contracts between businessmen or professionals, in the absence of an agreement between the parties, will be presumed to be held in the place where the service provider is established.

12. User Acceptance:

Access and/or use of https://elprofesorpepe.com attributes the condition of USER, who accepts, from said access and/or use, the General Conditions of Use listed here.

José Ortuño Pallarés, reserves the right to unilaterally modify the conditions and terms of use of this page. To this end, the date of the last update will be indicated at the top of the document. If the user continues to use the services provided at https://elprofesorpepe.com, once the conditions of use have been modified, it will be understood that they accept said modifications.

13. Use of the website:

The user agrees to make appropriate use of the content and services, and specifically:

• Do not engage in illegal activities, illegal or contrary to good faith and public order.
• Do not spread content or propaganda of a racist, xenophobic, pornographic-illegal nature, advocating terrorism or attacking human rights.
• Do not cause damage to this website, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
• All those acts that violate or transgress the honor, personal or family privacy and the image of people, property rights and any other nature belonging to a third party as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the content or image of third parties.
• The performance of acts of unfair competition and illicit advertising as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the content.
• The lack of veracity, accuracy, completeness, relevance and/or timeliness of the contents, leaving the user, in any case, harmless to the person responsible for the portal against any claim, judicial or extrajudicial.

14. Intellectual and industrial property:

José Ortuño Pallarés is the owner of all the intellectual property rights of his web page, as well as the elements contained therein (by way of example, images, sound, audio, video, texts; trademarks or logos, color combinations, structure and design, selection of materials used, etc…).

The total or partial reproduction of the page https://elprofesorpepe.com or its contents without the express authorization of its owner is prohibited.

15. Responsibility:

The owner of the website:

• It will not assume any responsibility for the non-execution, delay, display of any of the contents, utilities and information contained in https://elprofesorpepe.com and the other obligations contracted under these general conditions, if such lack of execution or delay results or is the consequence of an event of force majeure that prevents, hinders or interrupts the services offered, as they are circumstances beyond the control of the owner.
• He will not assume responsibility for damages, losses, claims or expenses derived from the website derived, among others, from:

• • • Interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or for any other cause beyond the control of the owner.
    • Illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
    • Improper or inappropriate abuse of the website.
    • Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of it. The owner reserves the right to withdraw, totally or partially, any content or information present on the website.

• He may interrupt the service or terminate the relationship with the user if he detects that a use of the website or the services offered are contrary to these General Conditions of Use.
• It will remain harmless against any damages arising from claims, actions or demands of third parties as a result of the access or use made by the user of the website.

16. Privacy and data protection policy:

The owner, as the person responsible for data processing, protects personal data in accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights. The information on the protection of personal data is collected in the Privacy Policy.

17. Cookies:

We inform you that this website uses cookies.

In compliance with Law 34/2002, on Services of the Information Society and Electronic Commerce, https://elprofesorpepe.com has a Cookie Notice to inform the user about it and which can be accessed in the Cookies policy page.

18. Applicable law:

The contracts concluded through the online store of https://elprofesorpepe.com will be governed by the provisions of the Spanish legal system, and more specifically the following rules will apply:

• Law 7/1998, of April 13, on General Conditions of Contract.
• Royal Legislative Decree 1/2007, of November 16, approving the Consolidated Text of the Law for the Defense of Consumers and Users.
• Law 7/1996, of January 15, on the Regulation of Retail Trade.
• Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.
• Organic Law 3/2018, of December 13, December 5, Protection of Personal Data and guarantee of digital rights.
• Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD).