Terms of Purchase

TERMS OF PURCHASE By using this website you agree to be bound by the following terms and conditions, so we recommend you read them carefully. If you do not agree with them you must leave the website.   1. PRELIMINARY PROVISIONS These terms and conditions of purchase apply to all sales of inAtlas solutions made through our Customer Service (otherwise referred to as CS) or through the website www.inAtlas.com (hereinafter the website), which is owned by INTELLIGENT ATLAS S.L., with registered office at c/ Vilamarí, 50, 8th floor, 08015 Barcelona, and with CIF/VAT tax code B65391328 INTELLIGENT ATLAS S.L. dedicates its website to the sale and distribution of consultancy services and predefined inTienda products derived from our SelfService Location Analytics and Competitive Intelligence application. For the purposes of this document, the firm’s contact telephone number is (+34) 93 454 31 48 and email address is info@inAtlas.com. All rights to the intellectual property (including and without limitation: brands, logos, texts, photographs, icons and images, as well as graphic design, source code and other software elements contained on the website www.inAtlas.com) are the property of INTELLIGENT ATLAS S.L. or its business representatives and the manufacturers of the products offered. As such they are subject to rights of intellectual property protected by Spanish and international law. You may not, without prior written permission from INTELLIGENT ATLAS S.L. or, where appropriate, from the representative or the manufacturer of the product holding the rights thereto, use, reproduce, transmit, or manipulate the products and services offered, or make any use of them other than that which is normal and necessary use in accessing the website and using said products and services. Access to the products supplied does not entail on the part of INTELLIGENT ATLAS S.L. the total or partial waiver, transfer or surrender of the rights arising from intellectual property, or confer the right to use, modify, use, reproduce, distribute or publicly communicate these contents without the prior express written permission of the respective holder(s) of said rights, without prejudice to the right to view and obtain a private backup of such content, provided that said right is exercised according to the principles of good faith and the intellectual property is at all times maintained unaltered, and that such access and use is without commercial intent and solely for the user’s personal information. All liability arising from the use of materials protected by intellectual property rights on this website rests solely with the user. By placing an order, you warrant that you are over 18 and are legally capable of entering into binding contracts. Regardless of any possible translation(s) of these General Conditions of Sale, the official version of the contract will at all times be that in the Castilian (Spanish) language. All goods and services are sold subject to the condition that they will not be resold. Any resale or distribution of the products purchased through the website is strictly forbidden. We reserve the right to cancel fraudulent, false or speculative orders and any order placed by a customer with whom there has been a dispute over a previous order, or when there are reasonable grounds for believing that the customer may be violating any of the specified terms and conditions of purchase or may be involved in criminal activity. We may update these terms and conditions of purchase and the legal notice at any time. You can view and print the updated version of both texts by clicking the links Terms of Purchase and Legal on the website. Similarly, INTELLIGENT ATLAS S.L. reserves the right to change and update information on products, prices, promotions and other conditions on the website www.inAtlas.com. INTELLIGENT ATLAS S.L. seeks to ensure, within its means, that the information provided on the website is accurate and that no typographical errors appear. In the event of any such unintended error outside the control of INTELLIGENT ATLAS S.L. occurring, immediate measures will be taken to correct it. In the event that a customer decides to make a purchase based on an error of this kind, INTELLIGENT ATLAS S.L. will immediately inform them of the error, both parties being free to rescind the purchase without any cost in view of the existence of such an error. 1.1. Obligations of the User As a user you are obliged to inform INTELLIGENT ATLAS S.L. all data necessary for access to and use of the services on this website. These data must be accurate, current and complete and you acknowledge that we may use them to get in touch with you if necessary. It is essential that you provide all the information marked as required so as to enable us to complete your order. We will not be in any way responsible for any delay or failure in delivery as a result of errors or omissions in this information. The user undertakes to make proper use of the services included on the website, always in accordance with the law, and will not conduct any activity that interferes with or disrupts their operation. As consumers, customers of our online Shop have, in addition to the rights detailed here, all of the legal rights ensured by Spanish and European legislation concerning the sale and purchase of services. Please note that these legal rights can in no circumstances be affected by the present General Conditions of Sale. 1.2. Data Protection – Security General. In accordance with Article 5 of Law 15/1999 of 13 December on the protection of personal data (hereinafter the LOPD) we inform our customers that the information provided in the purchase process will be included in a file owned by INTELLIGENT ATLAS S.L. with registered office at c/ Vilamarí, 50, 8th floor, 08015 Barcelona. This file is duly declared in the General Registry of Data Protection, the purpose of collecting these data being the maintenance of commercial and contractual relationship between both parties. Customers can exercise their rights of access to and rectification, opposition and cancellation of these data under the terms established by the Data Protection Act and by Royal Decree 1720/2007 of 21 December, approving the Regulations for Development of the Data Protection Act is approved (hereinafter RDLOPD) by writing to INTELLIGENT ATLAS S.L. at the company’s registered address. Legal scope of the use of customers’ email addresses. When you register as a customer of INTELLIGENT ATLAS S.L. and purchase our products, you will receive email promotions and newsletters on developments. This service is subject to the provisions of Article 21.2 of Law 34/2002 on Information Society Services and Electronic Commerce, subsequently amended by the General Law of Telecommunications, Law 32/2003 of November 3, authorizing the sending of commercial communications by electronic means when there is a prior contractual relationship and such communications serve to notify existing customers of goods or services similar to those they have previously purchased. Please note that all commercial communications sent to you by INTELLIGENT ATLAS S.L. will be clearly identified as such by the reference Advertising at the top of the message body and will identify INTELLIGENT ATLAS S.L. as the sender of the communication. Each communication will include a simple and free way for the recipient to unsubscribe from the email system of commercial communications. We will take all reasonable measures at our disposal to ensure that your personal details are kept secure at all times. However, you agree that no data transmission over the Internet can be guaranteed to be entirely safe from access by unauthorized third parties, and we cannot be responsible for any breach of security unless it should result from our negligence. You must also take the necessary security measures, both personal and material, to maintain the confidentiality of your username and password and immediately notify the loss or theft of or any illegitimate access to your username and password and their being known to third parties. 1.3. Cookies Policy Please note that our online shop requires the use of cookies. These are files that are installed on the computer from which you access our services, for the purposes described below. Cookies are used in order to provide a more personalized service and to make navigation of the website easier and to tailor it to the user’s preferences. For example, cookies enable us to save your user settings (language and country) so that you do not have to enter these details again on your next visit. They also allow us to manage your account and retain your order information while you browse our online Web application. In addition, once you have identified yourself with your username and password on your first visit, you do not have to re-enter this information every time in order to access those sections that require prior identification. The application we use to collect and analyze navigation on our website is Google Analytics. This application, developed by Google, gives us information with which to monitor visits to our site, but does not collect personal data such as the first or last names of users or the postal address from which they connect to the site. The information obtained is related, for example, to the number of pages visited, the language, the social network on which our news is published, the town or city corresponding to the IP address from which the visitor accesses us, the number of people visiting the site, the frequency and recurrence of visits, time of visit, the browser used, the type of terminal or operator from which the visit was made, etc. We use this information to enhance our site, to identify new needs and assess improvements to be made in order to provide better service to the people that visit us. You can allow, identify, block or delete cookies installed on your computer or other device by adjusting your browser options. If you wish, you can configure your browser to alert you when cookies are being received and to prevent installation of cookies on your hard drive. Please consult your browser’s instruction manual for more information. 2. CONDITIONS APPLICABLE TO ORDERS All of the solutions offered on this website are sold directly by INTELLIGENT ATLAS S.L., with registered office at c/ Vilamarí, 50, 8th floor, 08015 Barcelona, and CIF/VAT tax code B65391328, and entered in the Business Register of Barcelona, ​​Volume 42053, Folio 102, sheet B400543, on August 10, 2010, email contact info@inAtlas.com. Orders can only be placed from the website. 2.1. Purchase Procedure You can browse the website to find your preferred purchase model for acquiring PLACES within the website, choosing either Pay Per Use (PACKS) or a monthly subscription (subscriptions). Once you find what you are looking for, click on it to access all of the detailed information about the available rates. From there you can make payment. If you are placing an order with us for the first time, you will be asked to register by entering your username, email address and a password with which you can create and access your account. If you are a registered user with an active account, when enter your email and password the system will recognize your data. Once you have accessed your account you can proceed to make your purchase and finally confirm your order. 2.2. Coverage of the Offer The acquisition of a pack or a subscription will have right of access to the full range of solutions on offer, from anywhere in the world. 2.3. Availability All orders are subject to availability. We are not responsible for the absence or unavailability of a particular solution. You should consult the full range of solutions available on the website, as they may not all be available for the geographical area you are interested in. If a solution should cease to be available once your order has been placed, you will be informed of this by automatic notification or as soon as possible by email or phone and your order will be cancelled. If you are in doubt, please contact CS (Customer Service: support@inatlas.com). 2.4. Contract with INTELLIGENT ATLAS S.L. and Acceptance of Orders Your order will not be accepted for processing until the amount due has been charged to your account. Once your purchase has been confirmed you will receive an email confirmation (your receipt) informing you that the solution is now available in your account. Only at this point will the contract between us come into force, and only for the solution(s) detailed in the confirmation of payment. The duration of the contract covers all phases from the initial submission of the order to the actual delivery of the product(s) ordered by INTELLIGENT ATLAS S.L. and the payment of the total price agreed by the customer. 2.5. Confirmation and Cancellation of Orders Before finalizing your order on the website you can review all of the details (breakdown of prices in each of the sections, taxes, etc.) and make any corrections or changes you consider necessary. Once your order has been confirmed you will no longer be able to modify or cancel the order through the website: if you wish to do so you should contact CS. In this case, the order may only be modified. You can exercise your right of withdrawal and cancel your order only if the solution has not been utilized in any way. In this case, you have a period of 14 calendar days from the date of confirmation of the initial order to exercise your right of withdrawal. In determining partial utilization of a solution INTELLIGENT ATLAS S.L. will consider the date of order confirmation and any entries to the website after that date, within the same account. In the event of entries to the website being detected after the date of confirmation of the order, the order may not be cancelled. The refund period is 14 calendar days from the notification of withdrawal, but refund will not be made until it has been determined that no use has been made of the product(s) other than that required to establish the nature, characteristics and performance of product(s). If payment was made through Credit Card or PayPal, the refund will be made to the same card or payment account. If the event of failure to comply with the minimum term agreement to stay with the company for subscription services, the penalty for premature termination of the contractual relationship shall be proportional to the number of days of the agreed minimum term outstanding. You accept the order of payment of the outstanding portion of any such subscription that INTELLIGENT ATLAS S.L. shall automatically issue to your credit / debit card or your PayPal account. In the event of non-payment of this order within a maximum of 30 days from the date of claim for payment from INTELLIGENT ATLAS S.L., appropriate legal action will be initiated. 2.6. Currency, Taxes and Price According to current law, any purchase made from our website from Spain, with the exception of purchases from the Canary Islands, Ceuta and Melilla, shall be subject to VAT (IVA) value added tax at the rate of taxation applicable at the time. Purchases made from the Canary Islands, Ceuta and Melilla, and from other countries outside Spain, will be exempted from VAT. All prices are in Euros (€) and should be considered as the final price paid by the customer (including VAT or not depending on the place of origin of the order, as indicated above). 2.7. Form of Payment and Security Al orders must be paid for immediately on confirmation of the order. Orders will not be processed until payment has been completed and verified. Payment must be made by credit card / debit card or PayPal. See https://www.paypal.com/es/cgi-bin/webscr? cmd=xpt/Marketing/general/NewConsumerWorks-outside for the procedure ensuring secure communication of your information. INTELLIGENT ATLAS S.L.is responsible for any payment card transaction using this payment gateway. The total order amount will be charged to your card, for which you will be asked to provide the number, expiration date and security code CW2 (on the back of the card). If your card is secured, you will be asked for the relevant safety codes. For security reasons, if you choose PayPal as your payment method, once the order has been placed it will not be possible to make any kind of change. The payment data referred to here will not be stored or manipulated by us, but will be recorded directly in the payment gateway of the corresponding financial institution. In the interests of greater security, we use an Electronic Commerce Secure Authentication Service, a system introduced by Visa / Mastercard / Eurocard, whereby the customer authenticates to the issuing bank and the firm receiving payment authenticates to its acquiring bank. To ensure confidentiality and integrity, all transactions are made by way of the SSL (Secure Socket Layer) protocol with 128-bit security keys. Payment will be charged in real time through the payment gateway. If, for whatever reason, the charge cannot finally be processed, the order will be cancelled automatically. 2.8. Deliveries: delivery times and problems Orders will be carried out automatically, and delivered directly to the account with which you registered on our website, on successful completion of the charge on your credit / debit card or PayPal account. The normal delivery time will be approximately 5 to 25 minutes following approval of the order. This period may increase depending on the quality of the Internet connection of your terminal or device or for other causes deriving from the signal available in your area. We are not responsible for delays that may arise from any of the causes noted above. If you discover any anomaly in your account in relation to your order you should contact our Customer Service by email to support@inatlas.com. We will correct any such incident as soon as possible. 3. CS (CUSTOMER SERVICE) You are welcome to contact us and make use of our Customer Service in either of the following ways: – By sending an email to: support@inatlas.com – By calling 934543148 Monday to Friday between 10:00 and 18:00, except for public holidays. 4. APPLICABLE LEGISLATION All business transactions with INTELLIGENT ATLAS S.L. are subject to Spanish jurisdiction. Relevant legislation: Law 3/2014 of 27 March, amending the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November. Royal Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, and Law 32/2003 of November 3, on General Telecommunications. Law 7/1996 of 15 January, on the Retail Trade (L.O. 2/1996, of January 15, Supplementary to the Retail Trade Law 47/2002, of December 19, amending Law 7/1996 and Law 1/2010 of March 1 to reform the Law 7/1996) Law 7/1998 on General Conditions of contracting. Any other applicable laws. In case of conflict or disagreement as to the interpretation or application of these General Terms and Conditions, the Courts hearing the case will be those established by the applicable agreement on jurisdiction. In the event that the purchaser is domiciled outside Spain, both parties will submit to the law courts of Spain.