Introduction

This contractual document shall govern the General Conditions of contracting training courses (hereinafter, “Conditions”) through the website mom.ceb.edu.es, owned by CENTRO DE ESTUDIOS BIOSANITARIOS SL under the trademark of CENTRO DE ESTUDIOS BIOSANITARIOS, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this website.

These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.

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

The acceptance of this document implies that the USER: Has read, understands and understands what is set forth herein.

Is a person with sufficient capacity to contract.

Assumes all the obligations set forth herein.

These conditions shall have an indefinite period of validity and shall be applicable to all contracts made through the PROVIDER’s website.

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

Identidad de las partes contratantes

Por un lado, el PRESTADOR de los cursos de formación contratados por el USUARIO es CENTRO DE ESTUDIOS BIOSANITARIOS SL, con domicilio social en C/ Goya 77, NIF B83154104 y con teléfono de atención al cliente/USUARIO 917395254.

Y de otro, el USUARIO, registrado en el sitio web mediante un nombre de usuario y contraseña, sobre los que tiene responsabilidad plena de uso y custodia, y es responsable de la veracidad de los datos personales facilitados al PRESTADOR. En algunos casos el USUARIO no coincidirá con el ALUMNO, por lo que actuará por cuenta de este (por ejemplo: empresas, padres, etc.).

Object of the contract 

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

The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of a specific training course.

Intellectual Property

The USER is not permitted in any way to transfer, change and exchange the license rights and obligations under this contract, except that the form and content may be altered under the condition that the changes are pre-agreed in writing from the PROVIDER. However, any transfer of ownership from the PROVIDER to the USER is expressly excluded in the present contract – or general conditions of sale.

Contracting procedure 

The USER, in order to access the services offered by the PROVIDER, 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 personal data that will be required, which will be treated 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 the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER shall select a username and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of the same or possible access by an unauthorized third party, so that the latter proceeds to the immediate blocking.

Once the user account has been created, it is reported that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

General contracting clauses.

1. Activation of services.
2. Right of withdrawal.
3. Claims and online dispute resolution.
4. Force majeure.
5.  Jurisdiction.
6. Generalities of the offer.
7. Price and period of validity of the offer.
8. Transportation costs.
9. Payment methods, charges and discounts.
10. Purchase process.
11. Dissociation and suspension or termination of the contract.
12. Warranties and returns.
13. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not 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.

As the order does not entail the physical delivery of any product, being the contracted services downloaded or activated directly from the website, the PROVIDER will previously inform the USER regarding the procedure to follow to perform this download or activation.

Failure to execute the contract remotely

In the case of the provision of an online training course, it will be available from the moment the USER has paid for it and can be downloaded or activated according to the conditions of the PROVIDER.

In the event that the contract cannot be executed because the contracted service is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

In case of unjustified delay on the part of the PROVIDER with respect to the refund of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of such amount.

The PROVIDER shall not assume any responsibility when the download or activation of the course does not take place, due to false, inaccurate or incomplete data provided by the USER.

The provision of the service shall be deemed to have been completed when the USER has downloaded or activated the training course.

3. RIGHT OF WITHDRAWAL

Cancellation form: https://ceb.edu.es/formulario-solicitud-desistimiento.pdf

The USER has the same rights and deadlines to make the return and/or claim for possible deficiencies or defects in the service, both online and offline.

The USER has a period of fourteen calendar days, counting from the date of download or activation of the product, to return it (Article 71 of Law 3/2014 of 27 March).

The right of withdrawal may not be applied in the following cases:

1. When the USER is a legal entity that does not act in a sphere outside a business or professional activity.
2. Once the training course has been fully executed, when the execution has begun, with prior express consent of the PROVIDER and USER and with the acknowledgement on their part that they are aware that, once the contract has been fully executed by the PROVIDER, they will have lost their right of withdrawal.
3. In the downloading or activation of the course whose price depends on fluctuations of the financial market which the PROVIDER cannot control and which may occur during the withdrawal period.
4. In the provision of services tailored to the USER’s specifications or clearly personalized.
5. In the provision of accommodation services for purposes other than serving as housing, transport of products, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.

All returns must be communicated to the PROVIDER, requesting a return number by means of the form provided for this purpose, or by e-mail to info@ceb.edu.es, indicating the corresponding invoice or order number.

4. ONLINE CLAIMS AND DISPUTE RESOLUTION

Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

Postal: CENTRO DE ESTUDRO BIOSANITARIOS SL, C/ Goya 77

Telephone: 917395254

E-mail: info@ceb.edu.es

Online dispute resolution (Online Dispute Resolution)

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

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

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the case of force majeure.

6. COMPETENCY

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

Should any stipulation of these conditions be considered null and void or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they suffer any modification in any way.

The USER declares to have read, to know and to accept the present Conditions in all their extension.

7. GENERAL INFORMATION ABOUT THE OFFER

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

No modification, alteration or agreement contrary to the Commercial Proposal of CENTRO DE ESTUDRO BIOSANITARIOS SL or to what is stipulated herein, shall have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements shall prevail.

Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it does not affect the value of the services offered. These modifications shall also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.

Continuity, consistency and quality of service 

The PROVIDER expressly agrees to provide all its resources in the delivery, availability and in the provision of services in general and herein, undertakes to fulfill its obligation as a service provider to the best of its ability.

The PROVIDER undertakes to act with the utmost diligence and care as possible and to proceed to provide a quality service in accordance with generally recognized practices: except in the hypothetical case that the training course is suspended, by virtue of special instructions required.

Accordingly, the PROVIDER shall be contractually obliged to provide access (24/24 hours) and weekly (7/7 days), and conditioned to be able to guarantee its services given the supply conditions (subsequent network performance).

The PROVIDER reserves the right to interrupt the training course via its server, in order to carry out essential maintenance, to improve network performance, or for any other operational reason in connection with maintenance.

The PROVIDER, without affecting any of its rights and responsibilities, will inform the USER, within a reasonable period of time, of the date on which it intends to carry out the maintenance.

The USER acknowledges that the training may not be available in the event that he himself is unable or incapable of accessing the Internet or this website. The PROVIDER shall not be liable for the USER’s inability to access the training under these circumstances.

In particular, it is up to the USER to keep his/her own virus protection and browser version up to date. The PROVIDER shall not be liable for any virus transmitted through its website.

Similarly, the PROVIDER disclaims any liability for unauthorized access to computer systems, or for the looting of any data as a result thereof. However, the PROVIDER applies appropriate means to prevent illegal intrusions. 
The PROVIDER shall in no case be liable for any damages related thereto, such as loss of exploitation, loss of profit, loss of value, damages or expenses.

The PROVIDER undertakes to exercise with due diligence and care its offer, providing a quality service, in accordance with the normal practices of the field, subject to the interruption of the services explicitly requested at the request of the administrative authorities.

If the training established by the USER is suspended following a decision of a competent authority, the PROVIDER shall reimburse the USER or offer a credit valid for one year, equal to the amount of such training offer.

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 regarding the training acquired. The customer can contact the PROVIDER for any training-related request at: info@ceb.edu.es.

No prolonged use of the website

The PROVIDER reserves the right to delete the information concerning the USER, in case of prolonged non-use of these services, corresponding to a period longer than 40 days.

Customer obligations and liability

The USER expressly agrees to have verified the compatibility between its demand and the offer of services and fully acknowledges the receipt of all necessary information and advice from the PROVIDER, so that the present agreement can enter into force with knowledge and binding certainty.

The USER undertakes to verify the identity of the PUPIL, if applicable, prior to his or her appointment to the PROVIDER’s training.

The USER guarantees to act within his sole responsibility if, as a result of access to the training course, it is not carried out in accordance with what can be considered reasonable acts of use performed by the PUPIL, who is in possession of his access and password and who does not respect the general guide and instructions for correct use, initially provided by the PROVIDER.

The USER, if the case arises, shall inform the PUPIL about these terms and shall be liable with respect to this matter.

The relevant parties to the contract also acknowledge that the PROVIDER has the ability to modify with full transparency the provision of the service without the need for any prior communication, other than to inform the USER that the level of provision of services already provided, is going to be adjusted.

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

8. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, wrapping, shipping insurance or any other additional and ancillary services to the service purchased.

The prices applicable to each service are those published on the website and shall be expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.

Before making the purchase you will be able to check online all the details of the quotation: training courses, quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.

Once the order has been placed, prices will be maintained whether the service is available or not.

Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of placing the order. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.

For any information about the order, the USER may contact through the PROVIDER’s customer service telephone number 917395254 or via e-mail to the address info@ceb.edu.es.

9. TRANSPORTATION COSTS

The prices published in the store do not include shipping or communication costs, installation or download costs, or complementary services, unless otherwise expressly agreed in writing..

10. PAYMENT METHODS, FEES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and makes possible the following ways to make the payment of an order:

Credit card.

Bizum.

Safety measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/customer accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is or is deemed illegal by the credit card brands or acquiring bank, which may or has the potential to damage the goodwill thereof or negatively influence them.

The following activities are prohibited under the card brands’ programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

11. PURCHASING PROCESS

Basket (budget simulation)

Any training course from the catalog can be added to the shopping cart. In the cart, only the selected services, quantity, price and total amount will be displayed. Once the basket is saved, taxes, charges and discounts will be calculated according to the data entered.

The baskets do not have any administrative linkage, it is only a section where you can simulate a budget without any commitment on both sides.

From the basket you can place an order by following the steps below for its correct formalization:

– Verification of billing data.
– Checking the method of delivery of the training course (download, activation…).
– Selection of the method of
– Place the order (purchase).

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the completion of the order.

In case of disputes concerning the nature of the PROVIDER’s services or the USER’s use of the website, the information stored in the electronic payment device and within the framework of the automatic collection of information by the PROVIDER, could be used as evidence between the two parties.

Orders (purchase requests)

Within a maximum of 24 hours, on working 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 formation)

The USER will receive his/her access data (username/password). Access to online training, granted by the PROVIDER, is strictly private. The transmission of access data (username/password) to a third party is strictly forbidden. The USER agrees not to give, under any circumstances, either free of charge or for a fee, access to third parties whatever the form. If the USER is a company and if the trainee leaves the company, the USER agrees to deactivate his/her account or contact the PROVIDER to remove obsolete perfiles, just as the USER expressly agrees to pay for any registration initiated by the designated Trainee.

The USER agrees to follow the training diligently. As part of the evaluation, 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 asks each USER to commit to this fact prior to each task.

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Training validation

The training is validated when the STUDENT has passed all the evaluations presented during the course. In this case, a diploma validating the knowledge acquired will be sent to the USER.

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that 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 and training, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policies.

When 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. WARRANTIES AND RETURNS

The guarantees will respond to what is regulated in the Title referred to “Guarantees and after-sales services” of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, which can be accessed by clicking here.

If you want to customize this section, you must check that the wording is in accordance with the provisions of the title of WARRANTIES AND AFTER-SALES SERVICES of RD Legislative 1/2007.

14. APPLICABLE LAW AND JURISDICTION

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

In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information, please refer to clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION of these Conditions.