- PARTIES AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF CONTRACT:
(hereinafter also the General Conditions or GTC):
On the one hand, the intermediary for the sale of the final degree or master’s degree projects (hereinafter referred to as projects), START YOUR UP, S.L. (hereinafter also the Provider), with registered office at Passeig de San Juan 34, 2-3, 08010, Barcelona, VAT number B05335716, customer service telephone number 93 574 69 45 , and e-mail: firstname.lastname@example.org, being the owner of the website www.startyourup.es, sets out the contractual document that will govern the contracting of the purchase of the projects through the aforementioned website.
On the other hand, the Entrepreneur – Client (hereinafter the Entrepreneur), being responsible for the veracity of the personal data provided to the provider. This is the party who purchases the project and who will become the owner of the project. The Entrepreneur can be either a natural person, adult and over 18 years of age, or a legal entity.
And on the other hand, the Graduate, is the party that transfers the intellectual property rights to the new owner, regulated by these conditions, and therefore receives a percentage, for the exploitation of the transferred rights, of the sale price stipulated in the contract between the provider and the graduate, and public on the website.
THE PARTIES AGREE to the present document, and it entails that the Entrepreneur:
- Has read, understands and comprehends what is set out herein.
- That he/she is a person of legal age and has sufficient capacity to contract.
- That he/she assumes all the obligations set forth herein.
- That he/she has read and accepts these general conditions of purchase from the moment he/she acquires any of the projects offered.
This document may be printed and stored by the Entrepreneurs.
The provider makes available to them the e-mail address email@example.com so that they can ask any questions about these conditions.
These conditions will be valid for an indefinite period of time and will be applicable to all contracts made through the provider’s website www.startyourup.es.
The provider reserves the right to unilaterally modify these General Conditions, without this affecting the purchase made prior to the modification. In any case, these general conditions must be consulted before making a purchase.
It is advisable to keep a copy of the purchase data.
START YOUR UP, S.L. is not responsible for the consequences that could result from an inadequate use of the projects on sale on the web.
The Entrepreneur renounces to claim any responsibility to START YOUR UP, S.L. for any concept in any case of dissatisfaction of the projects acquired in the web www.startyourup.es, as well as possible failures, slow access or errors in the access to the web, including loss of data or any other type of information that could exist in the computer or network of the Entrepreneur that accesses the web www.startyourup.es.
- OBJECT OF THE CONTRACT:
2.1 Object: START YOUR UP, S.L. is only a platform through which the entrepreneur closes an agreement of purchase and sale of a project with START YOUR UP, under his responsibility.
The Graduate is the sole owner of the project. It has been validated by an official University or Business School. In addition, the project has been reviewed by START YOUR UP without being responsible for its success, although the review validates that it meets all the basic parameters of a business plan, nor for the effective viability of the project that can be implemented by the Entrepreneur. Neither is it responsible for any possible damages that may occur after the sale.
With the purchase of the project, the exploitation rights, regulated in the Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, are ceded to the Entrepreneur.
Plagiarism is prohibited and it is not possible to present it in any University or Business School as one’s own creation.
2.2 Scope of application: The purpose of the present contract is to regulate the contractual purchase-sale relationship born between the Provider and the Entrepreneur at the moment when the latter accepts these terms and conditions of purchase during the online contracting process by checking the corresponding box. These GTC will apply from the day on which the purchase is made.
The contractual purchase relationship entails the delivery, in exchange for a specific price and publicly displayed on the website, of a specific project and the assignment of the exploitation rights.
2.3 Territory of application: The online shop of www.startyourup.es is active for Spain.
2.4 Capacity to contract: In order to make a purchase, you must be of legal age and have the capacity to contract.
2.5 Acceptance by the Entrepreneur: The validation of the purchase through the website www.startyourup.es is carried out by email and also implies the automatic acceptance of the GTC. These conditions are available on the website www.startyourup.es or, if you wish and request, we can make them available to you by email.
2.6 Modification of the General Conditions of Contract: START YOUR UP, S.L. reserves the right to make changes and/or modifications to the present GTC. We advise our clients to review them regularly. In the event that these changes or modifications are introduced once an order has been placed, the conditions in force on the date on which the purchase was made will apply.
- INFORMATION PROVIDED ON THE WEBSITE www.startyourup.es:
3.1 Publication of prices: The prices of the projects are those shown in each of them on our website www.startyourup.es.
All the prices shown in the projects on www.startyourup.es include the VAT in force at the time of purchase. All prices shown on the website are valid and will be expressed in Euro currency (€).
The Entrepreneur and Graduate are responsible for paying the corresponding taxes that may be generated by the contractual relationship of purchase and sale of a specific project and the assignment of the exploitation rights.
3.2 Project information: The information contained in our advertising, brochures, other written material, on our website or provided to you constitutes an invitation to make a purchase. The contents of www.startyourup.es are constantly renewed and updated to provide our customers with the most complete and detailed information possible. All the contractual information on www.startyourup.es is shown in Spanish (Castilian) and communication with clients and Entrepreneurs, as well as the formalization of the contract, will be carried out in this language, although, if the client so wishes, it can be done in Catalan or English, always indicating this before starting the contracting procedure.
In each project there is a file available with the descriptive and economic information of the project. The Entrepreneur has been able to see all the necessary and sufficient data to be able to decide to purchase, and then receive the project in full.
Each project has been previously validated by the official body where the project was presented, and by START YOUR UP, S.L.
3.3 Availability of the project: The project that is visible is available for purchase.
- Response time in the purchase: When purchasing the project, the customer receives a confirmation email with proof of payment. This is legally binding proof of purchase when combined with the original invoice. This invoice should be requested from firstname.lastname@example.org. The pdf. of the purchased project is delivered in accordance with point 5 of these terms and conditions.
3.6 Fraud: If START YOUR UP, S.L. suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.
- PURCHASE PROCEDURE:
In order to access the projects offered by the provider, the Entrepreneur will not have to register through the website by creating a user account. He/she will only be asked for the essential data to be able to process the purchase.
Once the desired project has been selected, we inform you that in accordance with the requirements of art. 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow the following steps:
- Choose the project by clicking on it, and it will be automatically added to the “shopping cart”.
- Once the project has been chosen, you must click on the “finalize purchase” tab to place the order. When you click on this option,
- A series of personal data will be requested in order to be able to place the order and the subsequent delivery, and then the Entrepreneur’s consent to save his data is requested. If you give your consent, your data will be saved and you will be sent information about our services if you consent, otherwise the data will be saved for future purchases only.
You should check your email inbox for spam and junk mail and always check that the contact details you provide are correct.
- To complete the process, you must click on the Place order button.
In any case, the Provider’s contracting platform will inform the Entrepreneur, once the contracting procedure has been completed, via e-mail of the confirmation of the project purchased and the same attached.
If there is any type of error in your data at any other point of the purchase, you must notify it immediately to the e-mail address that will appear on the website in order to proceed to rectify this error.
If you have any doubts, you can contact our Customer Service Department through any of the methods provided on the website www.startyourup.es.
START YOUR UP, S.L. will provide FREE Customer Service through our contact email email@example.com, if you choose another alternative means of communication, the Entrepreneur will be responsible for the particular cost of the same.
START YOUR UP, S.L. will not send any proof of order until it has verified that the payment has been made.
The purchase of the project does not entail the physical delivery of any product, the project being sent by e-mail in “pdf” format, as contracted. The “pdf” contains the project and all the basic data: financial plan, marketing plan, logo, projection, strategies and conclusions.
The project will be sent, once payment has been confirmed, on the next working day.
- METHODS OF PAYMENT:
Below, we detail the available systems:
6.1 Payment by credit or debit card: The Entrepreneur must have a valid credit or debit card, where all the digits of the card number must be specified in the corresponding form. The transaction is formalized at the time of placing the order. We only accept payments with secure cards in which your identity as the cardholder is authenticated in accordance with the method established by your bank, through secure electronic commerce (“Verified by Visa” and “MasterCard SecureCode”). The order cannot be taken into account and will not be processed until the payment has been authorized by your bank or cashier.
We use the system called SSL (Secure Sockets Layer), a payment system in a secure environment that allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
6.2 Payment by bank transfer or deposit to account: At the moment of finalizing the order, the Entrepreneur will receive instructions with the account number to pay the order. It is essential that the order number assigned and the name of the Entrepreneur be clearly indicated on the transfer order. In order to confirm the order it will be necessary to make the transfer within 7 days, otherwise it will be cancelled in our system.
- RIGHT OF WITHDRAWAL:
If the Entrepreneur is a natural person and in accordance with the European Community Regulation (Protection of Consumers in respect of Contracts concluded by means of distance communication – art. 6 DIRECTIVE 97/7/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 1997 on the protection of consumers in respect of distance contracts), the User benefits from a period of 14 working days to cancel the contract concluded by this means at a distance, without giving a reason, and, if the Entrepreneur makes use of this right of cancellation, he or she will not incur any charge or penalty. Notwithstanding this provision, the period of 14 days will begin to run on the day on which the Entrepreneur accepts these GTC.
START YOUR UP, S.L. reminds that this right does not apply to the legal entity.
There may be an agreement between START YOUR UP, S.L. and the Entrepreneur. Otherwise, the Entrepreneur will not be able to exercise the right of withdrawal to the contracts that refer to the supply of digital content that is not provided on a material support when the execution has begun, in accordance with article 103 of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
- INTELLECTUAL PROPERTY
START YOUR UP, S.L. is exempt from any responsibility for any previous legal act between the student and the University or Study Centre where the work has been presented.
The TFG/TFM has undergone modifications, so it is not the same work done by the student. These modifications have always been made with the prior acceptance of the author, in compliance with his or her intellectual property rights of a moral nature.
The Entrepreneur may cancel the purchase as long as the project has not yet been dispatched.
In order to cancel an order placed through the Website, the Entrepreneur must contact our customer service by telephone 93 574 69 45 or email firstname.lastname@example.org and indicate the details of the purchase made (order number, holder and date).
The provider will not be responsible for any failure due to unforeseen circumstances or causes beyond the control of START YOUR UP, S.L., including, but not limited to cases of force majeure, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, lockouts or shortages of transport, facilities, fuel, energy, labor or materials.
In case of delay, START YOUR UP, S.L. may be excused from the performance, insofar as it is delayed or prevented by such causes, and for the entire period of time in question.
- NULLITY AND INEFFECTIVENESS OF THE CLAUSES
Should any provision of these terms and conditions be deemed null and void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
- ONLINE DISPUTE RESOLUTION:
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a freely accessible platform for online dispute resolution between the ENTREPRENEUR and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/.
- APPLICABLE LAW AND JURISDICTION:
These conditions will be governed by or interpreted in accordance with Spanish law in that which is not expressly established. The provider and the Entrepreneur agree to submit any controversy which may arise from the purchase which is the object of these Conditions, to the Courts and Tribunals of the domicile of the provider (if it is not considered as a consumer for the purposes of the TRLGDCU) or of the Entrepreneur (if it is considered as a consumer for the purposes of the TRLGDCU).
- APPLICABLE REGULATIONS:
These General Conditions are subject to the provisions of:
European regulations governing electronic commerce:
– Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive);
– Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce in the internal market (Directive on electronic commerce).
Law 3/2014, of 27 March, amending the revised text of the General Law for the Defense of Consumers and Users.
Law 7/1998, of 13 April, on General Contracting Conditions, and subsequent amendments,
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights,
Law 7/1996, of 15 January 1996, on the Regulation of Retail Trade, and
Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce and subsequent amendments.
Royal Legislative Decree 1/1996, of 12 April, approving the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the legal provisions in force on the matter.
- COMMENTS AND SUGGESTIONS:
Your comments and suggestions are welcome. Please send them to us via our contact form.
We also have official complaint forms available to consumers and users. You can request them by calling the Customer Service telephone number 93 574 69 45 or through our contact form.