General Terms and Conditions of Purchase
- Acceptance of the order
- No contract between the Client and ETBO shall exist until ETBO expressly confirms the order by e-mail, signed proposal or acceptance via the relevant platform.
- Any subsequent modification or cancellation of the order shall require the express written acceptance of ETBO.
- ETBO reserves the right to refuse orders that it considers incompatible with its quality policy, corporate values or the protection of the method.
- Consumer right of withdrawal
- If the Client has the status of consumer, The time limit for the submission of the application shall be 14 calendar days to withdraw from the contract without having to justify their decision, in accordance with the Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios (Revised Text of the General Law for the Defence of Consumers and Users).
- This period shall commence upon receipt of the product or, in the case of digital services or licences, upon conclusion of the contract.
- To exercise this right, the Customer must notify ETBO in writing before the end of the period indicated.
- ETBO shall reimburse the sums paid within a maximum of 14 calendar days, provided that the product has not been used or the digital service has not started to run.
- Prices, taxes and payment
- Unless expressly stated otherwise, All prices quoted by ETBO are exclusive of Value Added Tax (VAT). or other applicable indirect taxes, which shall be added to the invoice amount in accordance with the regulations in force.
- The Customer undertakes to pay the price indicated plus the corresponding VAT (or any other indirect tax that may be due) at the statutory rate applicable on the date of issue of the invoice.
- Delivery charges, bank charges or additional costs may also be added, which shall be previously communicated to the Customer and shall be shown in the invoice.
- Payment must be made by bank transfer, credit card or other previously agreed means. ETBO will not proceed with the delivery of the product or activation of the service until full payment is received.
- Licensing and use of services
- In the case of digital reports, ETBO platform licences, access to training resources (Academy, BoostHub) or workshops, The Client obtains a non-exclusive, non-transferable right of use, limited to the period or number of reports contracted.
- Any reproduction, distribution, transfer or commercial exploitation of the content, reports or tools outside the internal scope of the Client is expressly prohibited without the prior written consent of ETBO.
- The Client shall be responsible for ensuring that the use of the method and tools respects the labour, data protection and equality regulations applicable in his organisation and country.
- Delivery and execution
- For digital products or licences, Once the payment has been confirmed, the Customer will receive access via e-mail or an enabled platform.
- For workshops or face-to-face services, ETBO will coordinate with the Client the date, place and specific conditions of performance.
- Delivery or performance deadlines are estimates and may be affected by circumstances beyond our control or force majeure. ETBO undertakes to make its best efforts to meet the agreed deadlines, informing in advance in case of delay.
- ETBO may carry out technical updates or improvements to the service without this entailing an essential alteration to the contracted object, informing the Client beforehand in the event of significant changes.
- Intellectual and industrial property
- All content, tests, reports, methodologies and tools provided by ETBO are protected by copyright. intellectual and industrial property, owned by ETBO or third party licensors.
- The Client expressly acknowledges that it does not acquire any ownership rights over the ETBO method or its derivative developments, its use being limited to that strictly agreed in the contract.
- Data protection and confidentiality
- ETBO will process personal data in accordance with the Regulation (EU) 2016/679 (GDPR) and to the Organic Law 3/2018 (LOPDGDD), acting as data controller or data processor as appropriate.
- The Client may exercise their rights of access, rectification, deletion, opposition, limitation and portability by means of written communication addressed to ETBO.
- ETBO shall notify any security incident involving personal data no later than 72 hours as soon as it becomes aware of it.
- Both parties undertake to maintain the confidentiality of any technical, strategic, business or personal information or data to which they have access during the contractual relationship, even after its termination.
- The Customer undertakes to safeguard his access credentials and to notify ETBO immediately in case of suspicion of unauthorised access.
- Complaints, inspection and warranty
- The Customer must check the products or services delivered at the time of receipt or activation. Any claim for non-conformity or defect must be notified to ETBO in writing within a maximum period of 5 calendar days from reception.
- ETBO warrants that the products and services will be free from defects in materials or workmanship for a period of 3 months from delivery or activation.
- This warranty shall not cover defects arising from normal, negligent use or use contrary to the recommendations provided.
- In the event of a covered defect, ETBO may choose to replace the product or service or refund the corresponding amount, including reasonable direct expenses.
- Limitation of liability
- In no event shall ETBO be liable for indirect damages, lost profits or economic consequences that exceed the price actually paid for the particular product or service that gave rise to the claim.
- ETBO is not responsible for the decisions or internal policies adopted by the Client based on the reports or analyses obtained, which are descriptive and indicative in nature, without constituting a clinical diagnosis or binding legal or employment evaluations.
- Force majeure
- Neither party shall be liable for any failure or delay in the performance of its obligations where this is due to force majeure, including without limitation pandemics, natural disasters, labour disputes, power outages or mass telecommunications failures.
- Modifications
- ETBO may update these Terms and Conditions to adapt them to technical improvements, legal changes or evolution of its business model, informing the Customer with reasonable notice. Such modifications shall not affect existing contracts except to comply with mandatory regulations.
- Applicable law and jurisdiction
- These terms and conditions shall be governed by and construed in accordance with the Spanish legislation.
- In the event of any dispute, the parties expressly submit to the jurisdiction of the courts of the Barcelona Courts and Tribunals, unless another mandatory jurisdiction is provided by law.