E-Commerce

Pre-contractual information table 

Product type: Telematic services. Subscription services. 

Withdrawal: Not allowed. 

Warranty: Not allowed. 

Return period: Not allowed. 

Refund: Not allowed. 

Identification of the website controller 

Website holder: Lex Program Online S.L. . 
Tax identification number: B75213181 
Datos de contacto 
Domicile: C/Portuetxe, 23B, Building CEMEI Of. 312. 200018 Donostia – San Sebastián, Gipuzkoa-Spain 
E-mail: info@lexprogram.com 

Purpose 

The general conditions of contract of Lex Program Online S.L. , together with the particular conditions which may be established as required, regulate the conditions applicable to the user’s complete electronic contracting process with respect to the services and products offered by Lex Program Online S.L. through their website https://lexprogram.com. 

The amount of time for which the general conditions of contract remain in place is the same as the amount of time for which they remain on the website, whenever they are fully accessible for users. Lex Program Online S.L. reserves the right to make total or partial changes to said general conditions with no prior warning. Changes and updates made to the legal texts can be agreed to at any time in other documents such as the particular conditions and in the legal texts posted on the website. The new conditions will be applicable from the moment they are posted on the website and are once again accessible for users. It is the responsibility of the user to consult the general conditions which are in force and, therefore, applicable at any given time. This means that access to the web page, once the general conditions have been changed, implies acceptance of the new conditions by the user. 

It is necessary and mandatory for the user to accept the general conditions in force when entering into the corresponding contract; it is not possible to contract products or services without the user first of all having accepted the legal texts (of both the general and the particular conditions were these to exist). 

As well as reading these general conditions before accessing and browsing our website, the user must have read the Legal Notice and General Conditions of Use, the Privacy Policy, the Cookies Policy and the Data Protection Policy. All of these documents are available for the user on the web page. 

If the user does not agree to any of the general conditions, they must abstain from using the website. Once the user uses the web page and/or requests the acquisition of a product or service, they agree to these General Conditions. 

As a preliminary step to acquiring any product and/or service from our website, and before paying, all users must identify themselves. 

Once identified and authenticated, the user can proceed to contract or acquire any product and/or service. All acquisitions made in this way are valid and binding, with the user being responsible for the use of their username and password by any third party through our website. 

It is expressly forbidden for minors or users who do not meet the legal requirements of capacity or those established in these general conditions to purchase or contract products or services through the web page. In the event of a minor giving false information to register and proceed with the purchase or contracting of a product and/or service, Lex Program Online S.L. applying the principle of commercial good faith, understands that they do so under the supervision of their parents, tutors and/or legal representatives. In any case, were no supervision by their parents, tutor or legal representative to exist, the contract, once executed, can be declared null by defect of consent, with those responsible for the minor being obliged to compensate the damages caused to the web holder. 

Parties involved 

The parties involved in the process of electronic contracting through https://lexprogram.com are the user or the person/company represented by the user and Lex Program Online S.L. . 

The user is considered to be all natural persons of legal age and with the legal capacity to enter contracts through the web page who hold a unique identifier document, such as: passports, national identity or residence or citizenship documents, and all legal persons appropriately accredited, who access, browse and/or use the web page https://lexprogram.com and accept these general conditions of contract and, were they to exist, the applicable particular conditions. The user assumes the responsibility for correctly using the website; this means only using the website to make legally valid purchases/acquisitions/contracts, not making any false or fraudulent purchases and providing truthful details (such as their name, email, address, identity document, bank cards, etc.). 

The user is warned that purchases/acquisitions/contracting operations carried out on behalf of a third-party natural or legal person without prior authorisation may constitute a crime of identity theft and/or a crime of fraud which we may report to the public authorities. 

Access to and registration on the website 

Access to our website https://lexprogram.com is open and free of charge and it is neither necessary nor mandatory for users to register for this purpose. 

User identification and registration is only necessary in order to process the electronic contracting of products and/or services offered on our web page. 

The requirements for registration and, where applicable, for contracting, are: 

Being of legal age, having full legal capacity and providing all of the mandatory data required on the form provided on our website. 

Registration can be made by both natural persons and legal persons, such as bodies, organisations, communities without legal personality. All of those referred to must have a valid tax identification number or code. 

All registered users will have an access password, which can be used for a limited time and must meet minimum length and security requirements. The user can change or recover said password at any moment in time by following the procedure explained in the web page. 

In the event of any circumstance which would allow undue use of the username and/or password (theft, loss, unauthorised access, etc.), the user must notify Lex Program Online S.L. straight away in order that they may proceed to cancel or suspend the account immediately. Until Lex Program Online S.L. has been notified of any occurrence such as that described, they are exempt from any liability which could arise from the undue use of the identifiers or passwords by unauthorised third parties. 

For the user to unsubscribe from the web page and end their contractual relationship with Lex Program Online S.L. they must cancel their account, without prejudice to fulfilling the obligations arising from having formulated orders prior to the termination of their contractual relationship with Lex Program Online S.L. . Both Lex Program Online S.L. and the user can unilaterally decide to end the contractual relationship binding them at any time and for no other reason than their desire to end it. Exceptions from the above are subscriptions involving yearly contracts or those with a minimum period of time, in which case cancellation of the relationship will occur at the end of the contractual period previously agreed to. 

Once unsubscribed, the user can ask to register once again; however Lex Program Online S.L. has the authority not to accept said new registration in the cases explained and specified in the clause on “website rules of use” and/or in cases where a conflict has occurred and is pending determination between the parties or has ended with recognition of guilt or negligence by the user and/or prejudice to the provider, their collaborators and associates, business partners, to their users, customers or potential customers. 

Moreover, Lex Program Online S.L. reserves the right to delete the personal data and password of users who have ongoing or completed contracts with associated legal and tax obligations, unpaid balances, etc. 

Electronic contracting. Information on the products and/or services 

Lex Program Online S.L. publishes on its website all information on the products and services displayed, which are: the brand, name, model, images, description, price, discounts where applicable, technical specifications, financing, availability (of the product, shipment and pick-up at point of sale), opinions and assessments by other users where these exist and other related products. 

If a product is not available, Lex Program Online S.L. will inform the user and reimburse the amount paid for said product. 

We can add or remove products or services to or from the web page at any time. In any event, they will be understood to be governed by the stipulations of the General Conditions in force at any given time. 

Electronic contracting. Purchasing/acquisition process. 

The user can purchase on the web page. The user acknowledges that they are aware, when purchasing or acquiring the product or service, of certain particular conditions of sale regarding the product in question, which are displayed on the website. Moreover, the user acknowledges that placing an order implies their full acceptance of the particular conditions applicable to each product/service. 

The online purchasing/acquisition procedure is as follows: 

The user can purchase without registering or once registered and identified. In any event, they will indicate the essential details for contracting and those which are mandatory for meeting the obligation of issuing an invoice or receipt and fulfilling tax and administrative obligations. These obligatory contracting data must be appropriately completed with truthful, real and accurate details. 

The user can select the products or services, add them to the checkout page (basket), and proceed to validate the purchase in which the products and/or services selected, the quantity and the price appear. 

The user must complete the information requested at each stage of the purchasing process. The user can, at any time during the process, change any of the purchase details entered. 

The user must expressly accept the general conditions of contract by checking the corresponding click to accept box. If the user does not check the box and does not accept the general conditions, they will not be allowed to continue with the purchasing process. 

The user will select their desired method of payment: The website accepts the following methods: 

Having made the payment, the user will receive an email with the invoice/receipt detailing the contents of their purchase and informing them that their purchase process has been satisfactory; they will receive confirmation of the purchase/acquisition within a maximum of 24 hours. 

Accepting the general conditions implies accepting to receive the invoices by electronic means. However, the user can also access our website and download their invoice from the invoice section of our web page. 

If the user wishes to obtain the invoice in physical rather than electronic format, they can send their request by email to the address info@lexprogram.com. In the email, they must identify themselves, indicate the corresponding order and ask to receive a paper copy of the invoice. 

Availability 

The purchase orders received by https://lexprogram.com are subject to the availability of the products and services and/or to no event of force majeure occurring that would make it impossible to supply the products or provide the services. 

If it is impossible to supply or provide the products or services, Lex Program Online S.L. undertakes to contact the user in question and to reimburse any monetary amounts deposited by way of their payment. 

In the case of products subject to exchange rates, tenders, auctions, bidding or any other manner of determining a variable price, the price of the contractual operation will be the last price established and the contract will necessarily include a timestamp determining the exact moment the contract was concluded, setting the final price at that moment. 

Conditions and methods of payment 

All of the products and services offered by our website come with the final price of the product. At the moment of placing the order, the base price will be indicated without indirect territorial taxes on purchases and the final price with the respective territorial tax where applicable. This final price will always include any applicable discounts. The prices will always be shown in a common and convertible currency so that the user may pay in the currency of their country of residence or, where applicable, in a currency which can be converted into the currency of their country. The cost of exchanging the currency will always be paid for by the trader. 

The prices of the products and services can be changed and modified with no prior warning; said changes will never affect purchases or orders already placed by users which have already received an order confirmation. 

The methods of payment accepted by our website are subject to verification by the issuing banking institutions or by the contracted providers of methods of making/receiving payment. If the banking institution, card supervisors or suppliers of methods of payment/collection do not authorise the payment, it will not be possible to continue with the purchasing procedure and, as a result, to formalise the contract with the user. In this case the order will be automatically cancelled. Please note that this clause is established in favour of the consumer and of our organisation, given that it enables the providers of methods of making/collecting payment to prevent fraud with credit cards and money laundering. 

Service delivery 

In the event that services have been contracted, from the moment the user makes the first payment, our obligation to execute them and comply with what is established in the contract will begin. 

We directly provide telematic applications and services by delivering applications, archives, files, documents, communications, etc. This type of services is therefore directly delivered via the website, email or file downloads. 

Right of the user to withdraw and/or cancel the order 

As it is a digital content service that is not provided in a material format, once the user has made the first payment, it will not be possible to withdraw from the contract, since its execution began with their prior express consent. 

On our website, you have a withdrawal form available that you can download in the personal area within the user section of our website. Once the form is completed, you can send it to info@lexprogram.com, and we will cancel your subscription. 

Guarantees 

Guarantees by country and user are clearly specified in our prior information table. 

In the event that the product acquired by the user displays one or more non-conformities with respect to the characteristics offered, or defects preventing its normal use, or if it fails to match the quality or features described upon its purchase, the user has the right to remediation of the purchased product for a period of information table from the date of purchase. 

The user will have the period established in our information table from the moment of observing the fault to contact Lex Program Online S.L. by means of the methods announced and provided on the web page, describing the fault and the moment and conditions in which the fault in question was noticed. 

If the product is defective, it will be replaced where possible. If it cannot be replaced, the cost of its purchase will be fully reimbursed and under no circumstances will its replacement or return incur an expense for the user. 

Exemption from contractual liabilities 

Lex Program Online S.L. is exempt from liability when it has exactly fulfilled its contractual obligations and the user has suffered a loss which is not the direct result of fulfilment and execution of the contract (by way of an example, but not restricted to: loss of earnings, loss of income or profits, loss of contracts, increased costs, decrease in expected savings, loss of data, loss of goodwill or other unnecessarily incurred expenses). 

If the loss is due to failure to fulfil the contract, the parties agree that the contractual liability and the compensation to be paid by Lex Program Online S.L. will be limited to double the price of the operation to purchase or acquire the good or service, excluding the taxes corresponding to that operation. 

Lex Program Online S.L. will not be held liable and will therefore not have to compensate the user for: 

1. Other indirect losses which were not reasonably foreseeable by both parties at the moment of formalising the contract. 

2. Minimum differences or inaccuracies which may exist due to low screen resolution or issues with the browser used, or to other similar issues. 

3. Damage due to poor functioning of the transport, especially for reasons such as strikes, traffic jams, bad weather, pandemics, and in general any other issues typical of the sector, leading to delays, losses or robberies of the product. 

4. Technical faults which, due to fortuitous or other reasons, prevent normal functioning of the Internet service. Lack of availability of the website due to maintenance or other reasons meaning that the service is not available. 

5. Non-attributable causes, fortuitous situations or cases of force majeure in the process of purchasing, paying for and shipment/delivery of the products. 

6. Inappropriate use and/or wear of the products used by the user. 

7. Erroneous returns made by the user. The user is responsible for returning the correct product. 

8. Failure to comply or delay in compliance with any of the obligations undertaken, when this is due to events beyond our reasonable control, i.e. when they are due to force majeure. Said obligations will be suspended for the entire period that the cause of force majeure remains in place. Lex Program Online S.L. will therefore have an extended period of time to comply with said obligations corresponding to a period of time equal to the duration of the cause of the force majeure. 

Written communications and notifications 

By using this website, the user accepts that the majority of communications with Lex Program Online S.L. will be electronic, either as emails or as notices posted on the website; also, aware of this use of communication, they acknowledge that all contracts, notifications and other information provided and sent electronically meet the same legal requirements as a written communication. 

Moreover, the user can communicate and send notifications to Lex Program Online S.L. using the contact data provided in these general conditions and/or the contact spaces provided on the website for this purpose. Lex Program Online S.L. can contact the user by any means and inform or notify them of subjects of their interest and related to the orders placed. 

Comprehensive agreement 

These general terms and conditions and any documents to which they refer constitute a comprehensive agreement between the user and Lex Program Online S.L. and formalise a single contact, replacing any previous pact, agreement and/or promise potentially existing between the parties. The parties acknowledge that they have consented to entering into a contract without trusting in any promise made by the other party. 

Personal data processing 

The information offered throughout the entire contracting process is stored and processed by Lex Program Online S.L. in their capacity as data controller and manager of the website. 

The data obtained can be shared/disclosed to the different business partners participating in the process of executing the contract, such as: the point of sale or delivery, the haulier, the warehouse or storage facility, the body providing the financing service or methods of payment, companies in the group, the manufacturer, the manufacturer’s technical services, and any other third party participating in the purchase-sale process, for the purposes of fulfilling the contract with the user. The user must expressly and previously consent to the storage, processing and disclosure of their personal data for the exclusive purpose of executing the contract. 

The user is informed that Lex Program Online S.L. processes the personal data provided and adds them to a file owned by Lex Program Online S.L. and the purchaser guarantees that the data provided are truthful, expressly assuming liability for the potential consequences of having provided false information. 

Were the user to give their consent, and in those countries whose legislation envisages legitimate commercial interest for the purposes of sending commercial communications, Lex Program Online S.L. can use the user’s contact details to send them information on matters of interest, new features and offers in regard to the products and services, and to inform them of their advantages as a customer when contracting the products and services of other companies with which they have reached preferential agreements or similar information. In any event, all data processing carried out according to legitimate commercial interest will comply with the laws on privacy and territorial consumption of the user’s country of residence. 

You can cancel the commercial communication service through https://lexprogram.com or ask for it to be cancelled as stipulated in the Privacy Policy and Legal Notice from Lex Program Online S.L. . 

In order to keep their personal data updated, the user must report any changes made in their regard; otherwise, Lex Program Online S.L. will not be held liable for their accuracy and truthfulness. Purchasers who are natural persons are informed that they can exercise, free of charge and when they consider appropriate, their rights of access, rectification, withdrawal of consent and erasure, restricted processing, opposition or portability, advertising opt-out, prohibition of sale or disclosure of data. Lex Program Online S.L. indicates in its Legal Notice the contact addresses and the persons or departments responsible for dealing with your request. The Privacy Policy indicates the procedures to be followed, always including the possibility of written communication, together with a copy of the document proving their identity, to the postal address: C/Portuetxe, 23B, Building CEMEI Of. 312. 200018 Donostia – San Sebastián, Gipuzkoa-Spain or by means of the email 

Similarly, you can contact the Data Protection Officer, should one exist, or the PRIVACY CONTROLLER at Lex Program Online S.L. by any of the means indicated, in the event of understanding that any of your data protection rights have been infringed. 

Complaints 

The user may lodge claims and complaints with Lex Program Online S.L. using the contact data indicated in the first clause of these general terms and conditions. 

Furthermore, the user can lodge claims using the official complaint forms available for consumers and users. These forms can be requested at any time using the contact data provided in the first clause of these general terms and conditions. 

Invalidity 

If any of the clauses in these general terms and conditions or any condition were declared null and void by a legal ruling or final non-appealable decision, the remaining clauses and conditions will remain in force, unaffected by the invalidity of the clause or condition in question. 

General information 

These conditions have been posted with sufficient notice, pursuant to applicable law. 

Lex Program Online S.L. reserves the right to change, at any time and with no prior notice, the presentation and configuration of the web page, the functionalities of the web page and/or of its contents. 

The user expressly recognises and accepts that Lex Program Online S.L. can interrupt, disable and/or cancel access to and/or use of the web page at any time with no liability whatsoever. 

Applicable law and competent jurisdiction 

The parties expressly agree that this contract will be governed and interpreted in all its terms and conditions in the official language corresponding to the registered address of Lex Program Online S.L. and pursuant to the applicable law of the country of Lex Program Online S.L. . 

The translated versions of the terms and conditions are provided in order that the user may understand the texts in their native language. The translations have been made by expert professionals and we understand them to be appropriate; however, an error of translation is possible despite our efforts of supervision and control. 

The translated texts do not therefore entail obligations, substitute the original version by the web editor or have any legal validity. In the event of doubts or conflicts with respect to their interpretation, the original version in the language of the country of the web editor will prevail over the versions in other languages. 

The parties expressly agree that, for any questions or disputes arising from the interpretation, fulfilment and execution of this contract, the jurisdiction and competence will lie with the courts and tribunals corresponding to the registered address of the purchaser or of the place of fulfilling the contractual obligation. 

If the parties are a user-consumer and Lex Program Online S.L. the right to decide the court of justice will correspond to the user-consumer. If the parties are a natural or legal person with lucrative economic interest, designation of the court of justice will correspond to Lex Program Online S.L. , designating that of the web holder’s registered address. 

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