Aplitop, Solutions for Surveying and Civil Engineering. contract-conditions

General information

In compliance with Law 34/2002 on Information Society and Electronic Commerce Services (LSSICE), we hereby inform you that the domain www.aplitop.com belongs to APLITOP, S.L., with registered offices at C/ Sumatra, 9, Malaga, 29190, [email protected], enrolled with the Corporate Taxpayer Registry under (CIF) nº B-92543396 and with the Mercantile Registry of Malaga under volume 3571, book 2483, folio 119, page MA-70747, entry 2.

This document regulates the conditions governing the use of this Website and the purchase or acquisition of products or services on the same (hereinafter referred to as the Conditions).

For the purposes of these Conditions, it is understood that the activity exercised by APLITOP through the Website includes services consisting of the sale of applications, maintenance, updates and training in the applications developed by APLITOP.

In addition to reading these Conditions, before accessing, browsing and/or using this Website, you should have read the Privacy Policy, the Cookies Policy and the Legal Notice with regard to our services.

When using this Website or when acquiring and/or requesting the acquisition of a service on the site, you agree to be bound by these Conditions and by all the foregoing. If you are acting in the name of and representing an organisation, you declare that you may accept and do accept these Conditions on their behalf. If you disagree with any of the aforementioned requirements, you should leave this Website.

These Conditions may be amended. You are responsible for checking them each time you access, browse and/or use the Website, as the conditions in force at the time you request the acquisition of services will be applicable.

If you have any questions in relation to these conditions, please get in touch with us using the contact data provided above or using the contact form available at the address https://www.aplitop.com/contact.

Users

Accessing, browsing and using the Website attributes you the condition of User (hereinafter referred to individually as User and jointly as Users, without any distinction), whereby you accept, from the time you start browsing the Website, all the Conditions set forth herein, in addition to any subsequent amendments, without prejudice to the implementation of the corresponding mandatory legal regulations.

As a User, you undertake to use the Website in the correct manner. This requirement entails:

• Using the Website for the sole purpose of asking us questions and effecting legally valid purchases or acquisitions.
• Not making any false or fraudulent purchase. If we are of the reasonable belief that a purchase of this nature has been made, it could be cancelled and the pertinent authorities notified.
• Providing accurate, lawful and updated contact and billing information
• Declaring that you are over 18 years of age and that you have the legal capacity to enter into agreements through this Website.

Despite the fact that, due to the nature of the Internet, the Website can be accessed from anywhere in the world, the contents are published in accordance with Spanish regulations. APLITOP does not guarantee, neither in full nor in part, that the Website complies with the laws of other countries.

Users agree to formalize any purchase of services, the agreement and the invoice, in addition to receiving the provision of the contracted services through the use of one of the languages available on the website.

The purchase or acquisition process

You can purchase on the Website using the means and forms provided and following the online procedure. The purchase process will also provide you with access to the payment platform. Orders are completed by clicking on “PLACE ORDER”, “SEND” or “CONCLUDE”.

You are required to fill in and/or check the information we request in each step, although you can alter the purchase information during the process before you effect payment.

You will then receive an e-mail confirming your order.

Once the purchase procedure has been concluded, as a User you consent to APLITOP generating an electronic invoice to be delivered via e-mail. You can obtain a copy of your paper invoice by submitting a request to APLITOP by e-mail at [email protected].

As a User, you should be familiar with, at the time of purchase, the specifications and particular conditions of sale inherent to the service you wish to acquire, which are available on the Website and you acknowledge that the execution of the purchase order implies full and complete acceptance of the specifications and particular conditions of sale applicable to each service.

The communications, purchase orders and payments submitted during the transactions executed on the Website may be filed and stored in APLITOP´s computer records as a means of providing proof of the transactions, at all times in compliance with the reasonable conditions of security and the laws and regulations in force applicable to this issue.

Availability

No purchase order received by APLITOP through the Website will be subject to any circumstance or event caused by force majeure affecting the completion of the purchase of services. In the event we undergo difficulties that render the completion of the purchase of one or more services unviable, we undertake to contact you and reimburse any amount you may have paid for the purchase of that service.

Prices and payment

The prices are those shown on the Website and the final prices include the applicable taxes.

Under no circumstances whatsoever will the Website automatically add additional costs to the price of a service, but only those the User has selected and chosen voluntarily and freely.

Prices may change at any time, however such changes will not affect any orders or purchases for which you have already received confirmation.

The accepted means of payment are: bank card and direct debit, transfer and Paypal.

If you have selected payment by bank card, the credit card data is provided through a payment platform contracted with Banco UNICAJA (privacy policies on the website www.unicajabanco.com), which in turn uses the provider CECABANK to process payments (privacy policy on the website www.cecabank.es). The payment platform service stores the data required for the effective management of payments in compliance with the strictest security measures for online payments. You should bear in mind that credit cards will be subject to checks and authorisation by the issuing bank. If the banking entity decides not to authorise payment, APLITOP will not be held liable for any delay or failure to deliver and will not be able to enter into the transaction with you.

If you have opted for payment by direct debit, the amount will be charged on the same day or on the first business day following the day on which the purchase is completed if the order has been placed after 2 p.m.

Regardless of the case and means of payment, by clicking on “PLACE ORDER” or “CONCLUDE” you are confirming that the method of payment used is yours and that you are authorising us to use that means of payment throughout the term of our contractual relationship. Although APLITOP issues the order confirmation e-mail, this confirmation will be subject to confirmation of payment by the banking entity.  

Regardless of the means of payment chosen, in the event of an incident involving the payment of the contracted services, we reserve the right to temporarily interrupt access to the services for as long as the issue has not been resolved and, where applicable, to pass on any expenses we have incurred.

All campaigns and special promotions published by APLITOP have a specific end date. These promotions are non-cumulative and do not apply to future renewals of the contracted services.

Activation of the services / delivery

APLITOP will confirm the activation of the contracted services by sending you an e-mail containing your activation code.

In cases where the purchased product requires physical shipment (for example, installation flash drive and protection code), you should bear in mind that home deliveries are made from Monday to Friday and within a period of no more than 7 days if the shipment to the Iberian Peninsula. Delivery times may be longer in the case of shipments outside Spain.  

Updating of data

In the event you detect an error when providing the data required to process your order on the Website, you can amend it by getting in touch with us through the contact areas provided on the Website and/or using the contact data provided in Clause One ( General information).

Moreover, you can call our customer service department on +34 95 2439771.

We advise you to read our Privacy Policy to ensure you are familiar with how to exercise your right of amendment as defined in Organic Law 3/2018 of 05 December on the Protection of Personal Data and the guarantee of digital rights.

Withdrawal and returns

Withdrawal

When a purchase is effected on the Website, in cases where the buyer can be regarded as a consumer, he/she has the right to withdraw from the purchase in question within a period of 14 days, with no need for justification, provided the purchaser has not made use of the service.

This withdrawal period will expire 14 calendar days from the date on which the purchase is completed.

You are required to notify APLITOP of your decision in order to exercise this right of withdrawal. You can do so through the e-mail address [email protected], expressing your intention to withdraw from the purchase agreement in a clear and unequivocal manner.

In the event of withdrawal, APLITOP will reimburse the User for all payments received with no undue delay, and always no later than 14 calendar days from the date on which the User submits his/her decision to withdraw. The amount of the purchase will be refunded using the same method of payment method used to execute the initial purchase transaction. This refund will not generate any additional cost to the User.    

The User acknowledges the fact that there are exceptions to the right of withdrawal, as set forth in article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law on the Protection of Consumers and Users and other complementary laws.

By way of example, and not exhaustively, this would be the case of: personalised products; products that might deteriorate or expire quickly; music and video CDs/DVDs with no packaging, as sealed at the factory...

The provision of a service purchased on this Website by a User is governed in the same manner, as the same Law establishes that the right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has commenced, with the express consent of the consumer and user and with the awareness of the user of the fact that the right to withdrawal will have been lost once the agreement has been fully executed by APLITOP.

Our services will be regarded as having been executed when you use the activation codes we provide you with by e-mail when placing your order.

Termination of the provision of services

The services you contract through the Website entail permanent or annual licences, which need to be renewed at the end of the agreement period upon the acceptance of the proposal for renewal sent by APLITOP or by requesting such renewal by sending an e-mail to [email protected], at least 30 days in advance.

Liability

The product is governed by and must be used pursuant to the terms and conditions of the End User Licence Agreement. These terms must be accepted by the Customer prior to the installation of the product. Installing the programme will be impossible without the acceptance of these terms.

The Customer voluntarily and expressly acknowledges and accepts that he/she is solely liable for the use of the product purchased at all times.

Except in the case of a legal provision to the contrary, APLITOP will not be held liable for the following losses, regardless of their origin:

• Any loss not attributable to non-compliance on its part.
• Business loss (including loss of profit, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred).
• Any other indirect loss that was not reasonably foreseeable by both parties at the time the purchase was completed.

Furthermore, the liability of APLITOP is limited in the following cases:

• Technical failures that, due to fortuitous circumstances or other causes, prevent the service from operating normally through the Internet. A lack of availability of the Website due to maintenance work or other reasons, thereby interrupting the availability of the service.
• APLITOP uses all the means at its disposal to conduct the process involving the purchase, payment and shipment/delivery of its products; however, we will not be held liable for any occurrences that are not attributable to the company, unforeseeable circumstances or events caused by force majeure.
• In general, APLITOP will not be held liable for any non-compliance or delay in the fulfillment of any of the obligations undertaken, when this is due to events that are beyond our reasonable control, or in other words, are due to force majeure.

We will use all the reasonable means to find a solution that enables us to fulfill our obligations despite the circumstances involving force majeure.

Communications and notifications

By using the Website, you accept that most communications submitted by APLITOP are electronic (e-mail or notices published on the Website).

For contractual purposes, you agree to use this electronic means of communication and acknowledge that all agreements, notifications, information and other communications sent by APLITOP in electronic format comply with the legal requirements of being in writing.

As a User you can send notifications and/or communicate with APLITOP using the contact data provided in these Conditions. Likewise, unless specified to the contrary, we may contact you and/or send you notifications by e-mail or to the postal address provided.

Complete agreement

These Conditions and any document specifically referred to herein constitute the entire agreement existing between the User and APLITOP in relation to purchase and of sale of products and services and replace any other previous agreement, deal or undertaking agreed upon either verbally or in writing by the same parties.

The User and APLITOP acknowledge having consented to the execution of an agreement without having relied on any statement or promise made by the other party, with the exception of those expressly mentioned in these Conditions.

Protection of personal data

The information and data of a personal nature you provide us with in the course of a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy (link to the privacy policy). By accessing, browsing and/or using the Website, you consent to the processing of such information and data and declare that all the information and data you provide us with is accurate and up-to-date.

Applicable legislation

Accessing, browsing and/or using this website and the product purchase agreements through the website will be governed by Spanish law.

The parties hereby elect the competent courts and tribunals to settle any controversy, issue or disagreement arising from or related to the access, browsing and/or use of the Website, or with regard to the interpretation and execution of these Conditions, or the sales agreements entered into between APLITOP and the User, in the event the user is not regarded as a consumer, the case will be referred to the courts and tribunals of the city of Malaga.

In the event one or more of these Conditions is declared null and void pursuant to a final decision issued by a competent authority, the remaining clauses will remain in force and will be affected by this declaration of nullity.

Complaints, claims and suggestions

You may send us your complaints, claims, suggestions or any other comment you wish to submit through the e-mail address [email protected]

In addition, we have official complaint forms available to consumers and users, which you can ask us for at any time using the contact data provided in Clause One of these Conditions.