GENERAL TERMS AND CONDITIONS

Introduction

This contractual document shall govern the General Terms and Conditions for training courses (hereinafter, "Terms") through the website www.topofclimb.es/, owned by ALPIR SPACE INDUSTRIES, S.L.U under the trade name TOPOFCLIMB, hereinafter, the PROVIDER, whose contact details are also provided in the Legal Notice of this Website.

These Terms will remain published on the website and available to the USER for reproduction and storage as confirmation of the contract; they may be modified at any time by the PROVIDER. It is the USER'S responsibility to review them periodically, as those in effect at the time of placing an order will be applicable.

Contracts shall not be subject to any specific formality, with the exception of cases expressly stated in the Civil and Commercial Codes, and in this or other special laws.

Acceptance of this document implies that the USER: Has read, understands, and comprehends the provisions set forth herein.

 Is a person with sufficient capacity to enter into a contract. Assumes all the obligations set forth herein.

Estas condiciones tendrán un período de validez indefinido y serán aplicables a todas las contrataciones realizadas a través del sitio web del PRESTADOR.

The PROVIDER informs that the business is responsible and aware of current legislation, and reserves the right to unilaterally modify the terms, without this affecting the terms and conditions that were implemented prior to the modification.

Identity of the Contracting Parties

Por un lado, el PRESTADOR de los cursos de formación contratados por el USUARIO es ALPIR SPACE INDUSTRIES, S.L.U, con domicilio social en CAMINO REJAS 2, PLANTA 2, OFIC. 17, 28821, COSLADA,

MADRID, Tax ID (NIF) B87808150, and with customer/USER service telephone 911268590.

And on the other hand, the USER, registered on the website with a username and password, over which they have full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER. In some cases, the USER will not be the same person as the STUDENT, in which case they will act on the latter's behalf (for example: companies, parents, etc.).

Object of the Contract

 

The purpose of this contract is to regulate the contractual sale relationship established between the PROVIDER and the USER at the moment the latter accepts the corresponding checkbox during the online contracting process.

The contractual sale relationship entails the delivery of a specific training course in exchange for a determined price that is publicly displayed on the website.

Intellectual Property

The USER is not permitted in any way to transfer, change, or exchange the license rights and obligations set forth in this contract, unless the form and content are altered under the condition that such changes are pre-agreed upon and in writing by the PROVIDER. However, any transfer of ownership from the PROVIDER to the USER is expressly excluded in this contract —or general terms of sale—.

Contracting Procedure

To access the services offered by the PROVIDER, the USER must be over 16 years of age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the required personal data, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding 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 December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and a password, committing to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or any possible access by an unauthorized third party, so that the PROVIDER may proceed with the immediate blocking of the account.

Once the user account has been created, please be advised that in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:

1. GENERAL TERMS AND CONDITIONS

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the USER'S acceptance of these legal terms. 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. SERVICE ACTIVATION

The PROVIDER will not activate any service until it has verified that payment has been made.

Since the order does not involve the physical delivery of any product—as the contracted services are downloaded or activated directly from the Website—the PROVIDER will inform the USER in advance regarding the procedure to follow for such download or activation.

Failure to perform the distance contract

In the case of providing an online training course, it will be available from the very moment the USER has made the payment and may be downloaded or activated according to the PROVIDER'S conditions.

In the event that the contract cannot be performed because the contracted service is not available within the expected timeframe, the USER shall be informed of such unavailability and shall be entitled to cancel the order and receive a full refund of the amount paid at no cost, without any liability for damages being attributable to the PROVIDER.

In the event of an unjustified delay by the PROVIDER in refunding the total amount, the USER may claim payment of twice the amount owed, without prejudice to the USER’s right to be compensated for any damages suffered in excess of that amount.

The PROVIDER shall not assume any liability if the download or activation of the course does not take place because the data provided by the USER is false, inaccurate, or incomplete.

The provision of the service shall be considered completed at the moment the USER has downloaded or activated the training course.

3. RIGHT OF WITHDRAWAL

Withdrawal Form: https://www.topofclimb.es//withdrawal-request-form.pdf

The USER has a period of fourteen calendar days, starting from the date of receipt of the product or from the conclusion of the sales contract in the case of a service provision, to exercise the right of withdrawal, as regulated in the artículo 102 del Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias, en adelante RDL 1/2007. Si el PRESTADOR no cumple con el deber de información y documentación sobre el derecho de desistimiento, el plazo para su ejercicio finalizará doce meses después de la fecha de expiración del período de desistimiento inicial, conforme al artículo 105 del RDL 1/2007.

The right of withdrawal shall not apply to the contracts referred to and listed in Article 103 of Royal Legislative Decree 1/2007, which are detailed here.

Any return must be communicated to the PROVIDER by requesting a return number through the form provided for this purpose, or by email at operaciones@alpir-space.com, indicating the corresponding invoice or order number.

In the event that the return is not made in its original delivery packaging, the PROVIDER may charge a fee of €..... to the USER, providing prior notice through the same communication channel used.

Once the USER has received the return number, they shall send the product to the PROVIDER, indicating this number on the shipping label, with transport costs at their own expense, to the address of ALPIR SPACE INDUSTRIES, S.L.U., CAMINO REJAS 2, 2nd FLOOR, OFFICE 17, 28821, COSLADA, MADRID.

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any complaint that the USER deems appropriate will be addressed as soon as possible and may be submitted through the following contact details:

Postal Address: ALPIR SPACE INDUSTRIES, S.L.U., CAMINO REJAS 2, 2nd FLOOR, OFFICE 17, 28821, COSLADA, MADRID (SPAIN)

Phone: 911268590

E-mail: operaciones@alpir-space.com

Online Dispute Resolution (ODR)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to courts of law, through the intervention of a third party called a Dispute Resolution Body, which acts as an intermediary between both. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

Force Majeure

The parties shall not incur any liability for any failure due to force majeure. The fulfillment of the obligation shall be delayed until the cessation of the force majeure event.

6. JURISDICTION

The USER may not assign, transfer, or convey the rights, responsibilities, and obligations contracted in the sale.

If any provision of these conditions is deemed null and void or unenforceable, the validity, legality, and fulfillment of the remaining provisions shall not be affected in any way, nor shall they be modified in any manner.

The USER declares to have read, understood, and accepted these Terms in their entirety.

7. GENERAL TERMS OF THE OFFER

All sales made by the PROVIDER shall be deemed subject to these Terms.

No modification, alteration, or agreement contrary to the Commercial Proposal of ALPIR SPACE INDUSTRIES,

S.L.U or to the provisions set forth herein, shall be effective, unless there is an express written agreement signed by the PROVIDER; in such case, these specific agreements shall prevail.

Given the continuous technical advancements and service improvements, the PROVIDER reserves the right to modify specifications regarding the information provided in its advertising, provided that it does not affect the value of the services offered. These modifications shall also remain valid if, for any reason, the availability of the offered services is affected.

Service Continuity, Consistency, and Quality

The PROVIDER expressly agrees to provide all its resources for the delivery, availability, and provision of services in general and within this document, committing to fulfill its obligations as a service provider to the best of its abilities.

The PROVIDER commits to acting with the utmost diligence and care as possible and proceeding to provide a quality service in accordance with generally recognized practices; except in the hypothetical event that the training course is suspended by virtue of required special instructions.

Consequently, the PROVIDER shall be contractually obligated to offer access twenty-four hours a day (24/7), seven days a week, and such access is conditioned upon the ability to guarantee its services given the supply conditions (subsequent network performance).

The PROVIDER reserves the right to interrupt the training course through its server for the purpose of carrying out essential maintenance, improving network performance, or for any other operational reason related to maintenance.

The PROVIDER reserves the right to interrupt the training course through its server for the purpose of carrying out essential maintenance, improving network performance, or for any other operational reason related to maintenance.

The PROVIDER, without prejudice to any of its rights and responsibilities, shall inform the USER, within a reasonable timeframe, of the date on which it proposes to carry out the maintenance.

In particular, the USER is responsible for maintaining their own protection against viruses, as well as keeping their browser up to date. The PROVIDER shall not be liable for any viruses transmitted through its website.

In the same way, the PROVIDER disclaims any liability for unauthorized access to computer systems or for any data theft resulting therefrom. However, the PROVIDER applies appropriate measures to prevent unlawful intrusions. Under no circumstances shall the PROVIDER be liable for any related damages or losses, including loss of business, loss of profit, loss of value, damages, or expenses.

The PROVIDER undertakes to exercise due diligence and care in its offering, providing a quality service in accordance with standard industry practices, subject to the suspension of services explicitly requested by administrative authorities.

If the training scheduled by the USER is suspended as a result of a decision by a competent authority, the PROVIDER shall refund the USER or offer a credit valid for one year, equal to the amount of the training program.

The Parties agree that the PROVIDER has the right to modify the services without prior notice

After-sales services

The PROVIDER undertakes to provide the USER with the necessary assistance in relation to the training purchased. The customer may contact the PROVIDER for any request related to the training at: operaciones@alpir-space.com. E-mail: operaciones@alpir-space.com.

Prolonged non-use of the website

The PROVIDER reserves the right to delete USER-related information in the event of prolonged non-use of these services, corresponding to a period exceeding 40 days

Customer Obligations and Liability

The USER expressly agrees that they have verified the compatibility between their requirements and the service offering, and fully acknowledges having received all necessary information and advice from the PROVIDER, so that this agreement may enter into force with full knowledge and binding certainty.

The USER undertakes to verify the identity of the STUDENT, where applicable, prior to their enrolment in the PROVIDER’s training.

The USER guarantees that they shall act under their sole responsibility if, as a result of access to the training course, it is not used in accordance with what may be considered reasonable use by the STUDENT, who has access to the login credentials and password, and who fails to comply with the general guidelines and instructions for proper use initially provided by the PROVIDER.

The USER, where applicable, shall inform the STUDENT of these terms and shall be responsible in this regard.

The relevant parties to the contract also acknowledge that the PROVIDER is entitled to modify the provision of the service with full transparency, without the need to carry out any prior notification procedure other than informing the USER that the level of service already provided will be adjusted

The USER acknowledges being informed of the provisions of the regulations relating to safety (physical protection or security) and operational safety. The USER shall be solely responsible for any consequences resulting from non-compliance with these rules and these Terms.

 

PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each service include Value Added Tax (VAT) or any other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping, handling, packaging, shipping insurance, or any other additional or ancillary services related to the purchased service.

The prices applicable to each service are those published on the website and shall be expressed in the EURO currency. The USER acknowledges that the pricing of certain services may change in real time.

Before completing the purchase, the USER may review online all details of the quotation: training courses, quantities, price, availability, charges, discounts, taxes, and the total amount of the purchase. Prices may change daily until the order is placed.

Once the order has been placed, the prices shall remain fixed, regardless of whether the service is available or not.

All payments made to the PROVIDER shall result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time the order is placed. The invoice may be downloaded in PDF format by accessing the website’s user account management panel. If the USER wishes to receive it by email, they must request it through any of the means made available by the PROVIDER, and are hereby informed that they may revoke this request at any time.

For any information regarding the order, the USER may contact the PROVIDER’s customer service telephone number at 911268590 or via email at operaciones@alpir-space.com .

SHIPPING COSTS

The prices published in the store do not include shipping or communication costs, nor installation or download fees, or any additional services, unless otherwise expressly agreed in writing.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the financial transactions and offers the following payment methods for placing an order:

 Credit card and PayPal

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entry on secure pages, firewalls, access control procedures, and cryptographic mechanisms, all aimed at preventing unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider may collect data for the purpose of carrying out the corresponding access control authentication.

The PROVIDER undertakes not to allow any transaction that is or may be considered illegal by credit card brands or the acquiring bank, or that may damage or potentially damage their goodwill or negatively affect them.

The following activities are prohibited under the card brand programs: the sale or offering of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, or cardholder.

11. PURCHASE PROCESS

Shopping cart (quotation simulation)

Any training course from the catalog may be added to the shopping cart. In the cart, only the selected services, quantity, price, and total amount will be displayed. Once the cart is saved, taxes, charges, and discounts will be calculated based on the information provided.

The shopping carts have no administrative or legal binding effect; they are merely a section where a quotation can be simulated without any commitment by either party.”

From the shopping cart, an order may be placed by following the steps below for its proper completion:

  1. – Verification of billing details.
  2. – Verification of the delivery method for the training course (download, activation, etc.).
  3. – Verification of the delivery method for the training course (download, activation, etc.).
  4. – Placing the order (purchase).

Once the order has been processed, the system automatically sends an email to the PROVIDER’s management department and another to the USER’s email address confirming that the order has been placed.

In the event of disputes relating to the nature of the PROVIDER’s services or the USER’s use of the website, the information stored on the electronic payment device and collected through the PROVIDER’s automatic data collection systems may be used as evidence between the parties.

Orders (purchase requests)

In no more than 24 hours, on business days, an email will be sent to the USER confirming the status of the order and the approximate download and/or activation date.

Service activation procedure (access to training)

The USER will receive their access credentials (username/password). Access to online training granted by the PROVIDER is strictly personal. The transfer of access credentials (username/password) to any third party is strictly prohibited. The USER agrees not to grant access to third parties under any circumstances, whether free of charge or for payment, in any form whatsoever. If the USER is a company and the student leaves the company, the USER agrees to deactivate the account or contact the PROVIDER to remove outdated profiles. Likewise, the USER expressly agrees to pay for any registration initiated by the designated Student.

The USER agrees to complete the training diligently. As part of the assessment, in order to complete the training, the USER expressly agrees not to benefit from any help or assistance from any other person. Likewise, the PROVIDER requires each USER to commit to this requirement before each assignment.

Training validation

The training is validated once the STUDENT has successfully passed all the assessments presented throughout the course. In this case, a certificate of knowledge validation will be sent to the USER confirming the skills acquired.

SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is considered unlawful, void, or unenforceable for any reason, such provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services and training, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice, or usage policy.

Where 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 available to the PROVIDER.

13. WARRANTIES AND RETURNS

Warranties shall be governed by the provisions set out in the section referring to "Warranties and After-Sales Services" of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, which can be accessed by clicking here.

If you wish to customize this section, it must be verified that the wording complies with the provisions set out in the section on WARRANTIES AND AFTER-SALES SERVICES of Royal Legislative Decree 1/2007.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed and interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the courts and tribunals of the USER's place of residence.

In the event that the USER has their residence outside Spain, the PROVIDER and the USER expressly waive any other jurisdiction, submitting to the dispute resolution body that will act as intermediary between both parties in accordance with Article 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of justice. For more information, please refer to clause «4. CLAIMS AND ONLINE DISPUTE RESOLUTION» of these Conditions.

Updated on December 27, 2024