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General terms of sale
1. Object
1.1. These General Terms of Sale (hereinafter, the "Terms") apply to all business transactions conducted on the web page www.formacion.sjdhospitalbarcelona.org (hereinafter, the "Platform"), owned by SJD Barcelona Children's Hospital (hereinafter" Hospital"), whose details are as follows:
- Corporate name: Hospital Sant Joan de Déu
- Registered address: Passeig Sant Joan de Déu, 2 - 08950 Esplugues de Llobregat
- Corporate Tax ID No.: R5800645C
- Phone: +34 93 253 21 30
- Email: hospitalbarcelona.aula@sjd.es
- Domain name: sjdhospitalbarcelona.org
1.2. We hereby inform you that, when you place your order, you declare that you have the necessary legal capacity to contract the courses offered by the Hospital, and you agree to submit to and be bound by these Terms, the Legal Terms, the Privacy Policy and the Cookies policy of this Platform, as they are worded at the time of accessing the Platform.
1.3. These Terms may be amended at any time at the behest of the Hospital. Any such changes will be reflected in this document, which Customers may access and print out at any time in order to retain a copy. In this regard, we would advise our Customers to read through these Terms before placing any order.
2. Customer account
2.1. To be able to participate in training activities, Customers must create an account on the Platform. This account allows them to manage their purchases and participation in training activities, consult their history, download documents (such as invoices and certificates) and save resources and their favourite training activities.
2.2. Customers must register by completing a form with their identification details (full name) and their e-mail address, which must be valid, and they will also need to choose a password. They must then accept the Legal Notice, Privacy Policy and these Terms.
2.3. Customers must provide genuine, accurate information and must keep it updated. Any amendment will need to be made online and will take effect from the following working day.
2.4. Customers are solely responsible for the consequences of the use of their account until its deactivation.
2.5. The Hospital is fully entitled to deactivate Customers' accounts, without notice or payment of any compensation, if they fail to respect the conditions of sale or to pay the amounts due, where applicable, or in the event of actions contrary to the interests of the Hospital.
2.6. Customers wishing to deactivate their account must notify the Hospital by sending an email to fhospitalbarcelona.aula@sjd.es.
3. Orders
3.1. It shall be understood that both the online and face-to-face courses offered on the Platform (hereinafter, the "Products") are available when they are specified and offered as such through the Platform (hereinafter, the" Catalogue").
3.2. To order a Product, Customers must log-on to their customer account on the Platform, for which prior registration is required, in accordance with Section II above.
3.3. The specific conditions of each Product (duration, content, price, etc.) will be determined in each individual case.
3.4. Once a booking has been made, confirmation of the order details will be sent by email to the contact address provided by the Customer, to which a copy of these Terms will be attached. Customers must check the order confirmation and immediately report any errors that they may notice therein. Otherwise, it will be understood that the confirmation is accurate and included as an integral part of the booking contract.
3.5. The Hospital reserves the right to cancel or refuse the sale of any Product on legitimate grounds and to inform the Customer by email after registering the Customer's order. Legitimate grounds include, but are not limited to, the following: unavailability of the Product; incomplete, misleading or untruthful application from the Customer; bad faith or abusive attitude of the Customer; the insolvency of the Customer; or the non-payment of previous orders by the Customer.
3.6. Unless proved otherwise, the data entered by the Customer constitute proof of the totality of the transactions between the Customer and the Hospital.
4. Prices
4.1. Notwithstanding the provisions detailed in these Terms, prices will be those that are in force and published on the Platform on the date that the order is placed by the Customer. The Hospital reserves the right to change the price of the Products in line with market conditions at the time of delivery.
4.2. The prices applicable for each Product are those indicated on the Platform in the initial display of the Product sheet and for the date of issue, including all taxes which may be applicable, and which will be expressly indicated. However, taking into account the provisions of Law 37/1992, of 28 December, regulating value added tax (hereinafter, "VAT"), the service is generally exempt given that training activities and programmes are considered to be professional retraining.
4.3. The accepted payment methods will be online payment with credit or debit card, through the Platform's payment gateway, and by bank transfer.
4.4. In the email confirming acceptance of the order placed by the Customer, the final price of the Product will be shown (in euros), including all corresponding taxes and fees.
4.5. We would like to inform our Customers that the bank details provided will not be stored or processed by the Hospital. These data will be managed by our payment service provider, under the strictest confidentiality, in order to properly manage the transaction.
5. Cancellations
5.1. The Hospital reserves the right to cancel any course if the number of students enrolled does not reach the minimum number established, or on any other grounds, for internal organisational reasons or force majeure. In the event that a course is cancelled, the amount paid by the Customer for registration will be refunded by bank transfer to the account number provided.
5.2. In the event of any incident or delay in the commencement of the training activities, the continuing education centre undertakes to make every effort to expedite said commencement.
5.3. Nonetheless, owing to the nature of our training offer, the Customer acknowledges and agrees that the start date of any training activity may, under exceptional circumstances, be changed.
5.4. Similarly, the Customer is entitled to claim a refund of the amount paid, in which case any such refund will be made by bank transfer. In this case, the Customer will be refunded the amount paid to purchase the course, without the centre being obliged to cover any expense which may have been incurred in the transaction.
5.5. Customers may cancel registration for a course and they will be entitled to receive a partial or full refund of the amount thereof in the following cases:
- If it is cancelled 15 days or more before the course start date, 100% of the registration fee will be refunded.
- If it is cancelled between 2 and 15 days before the course start date, 75% of the registration fee will be refunded.
- If it is cancelled on the day before the course start date, 50% of the registration fee will be refunded.
- If it is cancelled on the day the course starts, none of the fee will be refunded.
Notwithstanding the foregoing, there is a €10 handling fee for all refunds.
6. Withdrawal
6.1. On the basis of Article 103 of Law 3/2014, of 27 March, which amends the consolidated text of the General Law for the Defence of Consumers and Users, along with other laws, the purchase made is excluded from the right of withdrawal from the moment the virtual campus is accessed for the first time as a student, with the passwords provided by SJD Training for this purpose (subject to the terms and conditions relating to cancellations referred to in the preceding clause). Furthermore, the Customer declares that he/she is aware of and accepts this fact, expressly authorising SJD Training to proceed with enrolling in the course or courses covered by this contract, on the date and in the manner agreed.
7. Complaints
7.1. For any clarification regarding the sales service provided for herein, or to answer any queries regarding the Platform or scope of these Terms, and to submit any complaint concerning their purchase, Customers may contact the Hospital at the following e-mail address: hospitalbarcelona.aula@sjd.es or phone +34 932 532 130.
8. Exclusions of liability
8.1. The Hospital reserves the right to modify the commercial offer of the Platform in relation to the Products at any time; however, any such changes will not apply to contracts in progress.
8.2. The Hospital assumes no liability arising from errors or delays in accessing the Platform by Customers when entering their information on the forms provided on the Platform, slowness or lack of receipt by recipients of the confirmation of the purchase made, or any anomalies that may arise when these incidents are due to Internet problems, unforeseen circumstances or force majeure, or any other unforeseen contingencies beyond the good faith of the Hospital.
8.3. Notwithstanding the above, the Hospital agrees to act diligently on requests from Customers owing to technical problems that may arise, and to provide Customers with all necessary support with a view to achieving a quick, satisfactory solution to any incidents reported on the Platform.
8.4. Owing to the unpredictable situations inherent to technological environments and the Internet, the Hospital reserves the right to temporarily suspend the use of the Platform, either on technical grounds or for reasons of security or maintenance. The suspension of services does not entitle Customers to any compensation, although the Hospital will do everything within its power to limit any suspension or interruption of services as far as possible. The Hospital also reserves the right to implement and make changes to the Platform at any time, with or without prior notice. In any case, the Customer acknowledges and agrees that the Hospital may take certain actions to prevent the former from accessing the Platform at certain times for limited periods. In this regard, the Customer agrees that the Hospital will not be held liable for deletion or failure in the provision of certain services or features of the Platform as a result of these actions.
8.5. Under no circumstances will the Hospital, its representatives, directors or employees be held liable for any incidental, accidental, special or consequential damage, including, but not limited to, loss of earnings, data or business opportunities, software errors, foreseeable or not, resulting from or directly or indirectly connected with the use of the Platform.
8.6. The Hospital will not be held liable for any loss or damage that the Customer may suffer as a result of the improper use of the Platform, or if Customers violate these Terms, Privacy Policy, Cookies and Legal Notice of the Platform or the instructions that the Hospital may have provided to the Customer.
9. Intellectual property
9.1. The Hospital is the rightful owner or legitimate licensee of all rights and titles to, and associated with, the Platform, the content and computer applications thereof, as well as any trademark, trade name, domain name, know-how, copyright and any other inherent industrial or intellectual property right.
9.2. Customers may view and obtain a private copy of the content available through the Platform in digital or physical format for their own personal and private use, provided that this is not with a view to undertaking activities of a commercial nature or for financial exploitation.
9.3. Except for the use permitted under the above clause, the reproduction, distribution, transformation, public communication or exploitation by any means or method of the Platform, or of the components thereof, is expressly prohibited, except where otherwise permitted by law, or with the express written permission of the Hospital.
9.4. The Hospital will not be held liable for any illegal or unauthorised use by the Customer.
9.5. Prior, express authorisation from the Hospital is required to establish simple links or hypertext to the Platform.
9.6. Under no circumstances will the Hospital be held liable for the contents or services made available to the public on the website from which the hyperlink is made, or any information or statements appearing therein.
10. Applicable law and jurisdiction
These Terms are governed by Spanish law. In the event of any dispute or disagreement arising from the sale of Products and services provided through the Platform owned by the Hospital, and to resolve any conflicts, the Parties agree to submit to the jurisdiction of the Courts of Barcelona, expressly renouncing their own jurisdiction or any other which, where applicable, could correspond to them, unless the applicable law provides for another competent court of mandatory compliance.
