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GENERAL CONTRACT CONDITIONS
1. General Information.
1.1 The ownership of this website, https://www.emailafter.com (hereinafter “Website”) is held by: Pamitel Tarraco, S.L. provided with N.I.F.B-43694454, registered in the Mercantile Registry of Tarragona: Volume 1798 – Companies Book – Folio 210 Sheet T-25058, Inscription 1ª. whose contact details are: Plaza Ponent Nº 7, 43001 – Tarragona – Spain.
E-mail: info@emailafter.com or juridico@emailafter.com
1.2 This document (as well as all the documents mentioned herein) regulates the conditions governing the use of this “Web Site” and/or services in it (hereinafter, “Conditions”). For the purposes of these “Conditions” it is understood that the activity that EmailAfter develops through the “Website” is based on the following descriptions:
A) Communication Platform Via Web, regulated by the regulations of the email service, to guard and deliver the customer’s messages on the future date ordered by the User.
B) The client will be able to elaborate an email, which emailafter@emailafter.com will send on the date that the client has contracted.
C) You can send this email, up to 10 recipients, the first of them will be placed in the “For” section, in the remaining 9 you can choose whether to go in section “cc” (with copy), in “bcc” (with hidden copy) or in “For”. In addition, the Client, as a rule, will receive the message in “bcc”.
D) In the “Subject” section, the Client can write the text that he/she considers most appropriate. If left blank, it will be sent with the following text: “Message from (your full name)”.
E) Attachments: You may attach up to 10 files, in the extensions indicated (doc docx txt pdf jpg jpeg png gif bmp mp3 ogg m4a wav avi mp4 wmv ppsx xlsx ra zip),not exceeding 20MB in total.
F) The client will be able to modify the date of the sending of his message, notifying us 30 days before the expiration of the service.
The protocol to follow:
We receive your request through the contact form or by email to info@emailafter.com.
We will send you a form for you to indicate the data we request in it. This form, once completed, should be sent to juridico@emailafter.com.
Once received, we will proceed to verify the data and, after verifying that you are the person who hired the service, we will proceed to change the date. You will be notified of the change by email.
If the verification is unfavorable, you will be notified in the same way.
2. The User.
2.1 The access, navigation and use of the “Website”, confers the condition of user (hereinafter referred to, indistinctly, individually as User), for which they are accepted, from the beginning of the navigation through the “Website”, all the “Conditions” established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
2.2 The User assumes his responsibility for a correct use of the “Website”. This responsibility will extend to:
2.2.1 Make use of this “Website” only to prepare and if you wish to hire the service.
2.2.2 The User declares that he will always use this “Website” for lawful purposes and he will enter data or material not prohibited by current legislation at any time. EmailAfter will not be responsible for the use of the platform by the Client/User, nor for the contents and/or data entered by them in it. The Client/User will always be responsible for their data, with EmailAfter being solely responsible for offering the service.
2.2.3 Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be cancelled.
2.2.4 Provide true and lawful contact information, for example, email address and/or other data (see Legal Notice).
2.2.5 The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this “Website”.
2.2.6 The “Website” is mainly aimed at Users residing in Spain. The language of drafting and interpretation of the “Conditions” is Spanish. It is not ensured that the “Website” complies with the laws of other countries, either totally or partially.
2.2.7 The User may formalize the service with EmailAfter in any of the languages in which these “Conditions” are available on this “Website”.
3. Purchase Procedure.
3.1 Users can formalize the payment for the service on the Website by the established means and forms. You must follow the acquisition procedure of our online financial institution.
3.2. Likewise, the User must fill in and/or verify the information that is requested in each step. Next, the User will receive an email confirming that EmailAfter has received their order and/or provision of the service, that is, the order confirmation. And, you will also be informed by blind carbon copy email (bcc), when the service has been performed and the service is terminated.
3.3 Once the purchase procedure has concluded, the User consents that the “Website” generates a simplified electronic invoice that will be sent to the User via email. If you need a complete Invoice, provide us with your personal data, (name or business name, NIF. and your address, indicating the Customer number to attcliente@emailafter.com .
3.4 The communications, purchase orders and payments that intervene during the transactions carried out on the “Website”, will be filed and kept in the computerized records of EmailAfter in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in accordance with the LOPD and the rights that assist Users in accordance with the Privacy Policy and the Legal Notice of this “Website”.
4. Prices and Payment.
4.1 The price displayed for the service on the “Website” is Nine Euros (€ 9.00 ) and includes taxes, unless, due to legal requirements, especially in relation to VAT, it is legally modified. In accordance with the provisions of Ley 37/1992, of December 28, on Spanish Value Added Tax (VAT). The applicable VAT rate will be the one legally in force at all times.
4.2 The amount of the service may vary at any time, but the possible changes will not affect the orders or purchases for which the User has already received an order confirmation.
4.3 The accepted means of payment will be: Credit or debit card.
They are only used in the virtual POS (Point of Sale Terminal) of our financial institution, through its secure payment gateway. Credit card data is not recorded in any EmailAfter database.
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, EmailAfter will not be able to formalize any contract with the User.
4.4 The User confirms that the payment method used is theirs or that, where appropriate, it is legitimate owner.
5. Delivery.
5.1 If for any reason, any email from its recipients is returned to us, once the service has ended, because it no longer exists in the system, has caused cancellation, or any other cause, we will contact the User to inform them of it and we will wait for your new instructions.
5.2 Except for those cases in which there are unforeseen or extraordinary circumstances (see Legal Notice article 11, Force Majeure), if for any reason, it is attributable to EmailAfter and it cannot meet the contracted delivery date, EmailAfter will use all reasonable means to find a solution that allows us to fulfill our obligations by performing the service as soon as possible.
5.3 If the user considers that the delay is undue and, in any case, before the maximum period of 14 calendar days from the date on which the contracted service is considered resolved; EmailAfter will refund the total amount paid.
6. Technical Means to Correct Errors.
6.1 The User is informed that in the event that he detects that an error has occurred when entering the necessary data to process the request for the service on the “Website”, he may modify them by contacting juridico@emailafter.com .
6.2 Similarly, the User is referred to consult the Privacy Policy to obtain more information on how to exercise their right of rectification as established to exercise their ARCO rights of Protection of Personal Data, (RGPD).
7. Right of Withdrawal.
7.1 The User, as a consumer and user, makes a purchase on the “Website” and, therefore, has the right to withdraw said purchase within a period of 14 calendar days without the need for justification. EEE Legal Regulations As of May 28, 2022, EEE consumer protection law gives you the right to withdraw from this contract.
7.2 This withdrawal period will expire after (14) calendar days from the day the User contracted the service. To exercise this right of withdrawal, the User must preferably notify their decision to juridico@emailafter.com. The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, to comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
7.3 The protocol to follow will be: We will send you a form so that you indicate the data that we request in it. This form must, once completed, send it to juridico@emailafter.com.
Once received, the data will be verified and, after verifying that you are the person who contracted the service with us, and with the result of a favorable verification, you will be notified by email and the service will be canceled and the refund will be of the amount paid.
If the verification is unfavourable, you will be notified in the same way.
7.4. In case of withdrawal, EmailAfter guarantees the Client the reimbursement of the amount paid within fourteen (14) calendar days from the date of reliable communication of the exercise of his right of withdrawal, provided that he meets the requirements and has been accepted by EmailAfter and will do so using the same payment method used by the User to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User.
7.5 The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of the Real Decreto Legislativo 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: the provision of a service that the User had contracted on this Website, since this same Law establishes that the Right of withdrawal will not apply to Users when the provision of the service, has been fully executed by EmailAfter, you will have lost your right of withdrawal. (Except for exceptions as explained in articles 5.2 and 5.3 of these General Contract Conditions).
8. Communications.
8.1 By using this “Website”, the User accepts that communications with EmailAfter are electronic (email).
8.2 For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically comply with the legal requirements of being in writing. This condition will not affect the User of the rights recognized by law.
8.3 The User can send notifications and/or communicate with EmailAfter through the contact information provided in these “Conditions”.
9. Waiver.
9.1 No waiver of a specific right or legal action or the lack of requirement of strict compliance by the User of any of its obligations will imply a waiver of other rights or actions derived from the contract or the Conditions, nor will it exempt the User from the fulfillment of its obligations.
9.2 No waiver of any of these “Conditions” or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized in writing.
10. Nullity.
10.1 If any of these “Conditions” were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
11. Entire Agreement.
11.1 These “Conditions” and any document to which express reference is made in these constitute the entire agreement between the User and EmailAfter in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parts.
11.2 The User and EmailAfter acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
12. Data Privacy.
12.1 Information or personal data that the User provides to EmailAfter, in the course of a transaction on the “Website”, will be treated in accordance with the provisions of the data protection policies (Privacy Policy, Legal Notice, Conditions General Contracting and Cookies Policy). By accessing, browsing and/or using the “Website” the User consents to the processing of said information and data and declares that all the information or data provided is true.
13. Applicable Law and Jurisdiction.
13.1 The access, navigation and/or use of this “Website” and the service purchase contract through it will be governed by current Spanish legislation.
13.2 Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the “Website”, or with the interpretation and execution of these “Conditions”, or with the sales contracts between EmailAfter and the User, will be subject to the exclusive jurisdiction of the Spanish courts and tribunals.
14. Complaints and Claims.
14.1 The User can send EmailAfter their complaints, claims or any other comments they wish to make through the contact information provided at the beginning of these “Conditions” (General Information).
14.2 Likewise, if a dispute arises from the conclusion of this purchase contract between EmailAfter and the User, the User as a consumer may request an out-of-court dispute settlement, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, in accordance with May 21, 2013, on online dispute resolution in consumer matters.
To resort to the conflict resolution platform, the user must use the following link: http://ec.europa.eu/odr
Last update: August 2022