General Conditions of Sale

1. IDENTIFICATION OF THE PERSON RESPONSIBLE FOR THE WEBSITE:

This website https://www.fichatecnicacoche.com/ (hereinafter, "Website") is operated by:

IDENTIFICATION DATA
BUSINESS NAME:	TECHNICAL DATA SHEET COCHE, S.L.
REGISTERED OFFICE:	C/ ISABEL COLBRAND, 10 - 28050, MADRID
N.I.F.:	B44570349
CONTACT US:	PHONE:	(+34) 627399887
	EMAIL:	info@fichatecnicacoche.com
DATA FROM THE MERCANTILE REGISTRY OF MADRID:	Volume: 44524 Book: - Folio: 131 Sheet: M-784450 Section: -

 

This document establishes the terms and conditions governing the purchase through the Website owned by FICHA TÉCNICA COCHE, S.L. (hereinafter, "FICHA TÉCNICA COCHE"), of the products and services offered therein (hereinafter, the "General Terms and Conditions of Sale" or "GCS").

2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE:

By placing an order and / or service through the Website, you declare that you are over eighteen (18) years of age and have legal capacity to enter into contracts.

Also, from the moment you place the order and/or service, after checking the boxes provided on the form, you accept and agree to comply with these General Terms and Conditions of Sale. The present GCS replace any other previous conditions reflected in any other document.

Consequently, please read these GCS carefully before placing an order and / or service through the Website.

FICHA TÉCNICA COCHE has the right to revise and modify these T&Cs at any time and without prior notice. However, such changes will have no effect on orders and/or service processed and shipped prior to the corresponding modification.

3. PERSONAL DATA:

The information or personal data you provide will be treated in accordance with the provisions of the included in this Web Site. By using this Web Site you declare that the information and data provided are truthful, accurate and correspond to reality.

4. OUTSOURCING OF SERVICES

In order to have the maximum transparency with the user, we inform you that the administrative procedures of the registration service will be carried out by GESTORÍA ADMINISTRATIVA UNIVERSIA S.L.P., a company registered and endorsed by the Illustrious College of Administrative Managers of Madrid, being the Head Manager of the Office Mr. David Jiménez Mesa Collegiate No. 3542, in collaboration with FICHA TECNICA COCHE. Therefore, the user accepts the transfer / communication of their personal data to this entity in order to provide the service. In this sense, the user is informed of this transfer prior to the contracting of the service.

In this regard, from FICHA TÉCNICA COCHE, we have ensured that this company complies with the requirements of data protection regulations (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights), as well as the implementation of technical and organizational security measures commensurate with the protection of data.

5. CORRECTION OF DATA ENTRY ERRORS:

If it is necessary to correct the information or personal data provided during the purchase process, please contact our customer service (clause ten of these GCS). By way of summary, we provide you with the following means of contact:

• Phone: (+34) 627399887
• E-mail: info@fichatecnicacoche.com

6. PURCHASE PROCESS / FORMALIZATION OF THE SERVICE:

The process of purchase or formalization of the service will be carried out in Spanish, or if applicable, in English, and consists of several steps that are summarized below:

a. Beginning of the purchase process / formalization of the service:

The website allows two options:

a) Formalize the service and proceed to payment directly. In this case, the user selects among the following services offered by FICHA TÉCNICA COCHE:

1. COC Certificate of Conformity (URL accessible here).
2. ITV matriculation discount (URL available here).
3. Vehicle registration (URL accessible here)
4. Used vehicle purchase and sale contract (URL accessible here)

Once you have selected the service you wish to contract, you proceed directly to payment through the STRIPE platform (see clause seven of these GCS).

b) Select the service, contact the CAR TECHNICAL DATA SHEET team, and once formalized, the payment methodology is indicated. In this case, the user contacts through the Whatsapp API, by phone, email or through the request forms enabled on the website for this purpose.[1]Once the service has been formalized, bank details are sent (see clause seven of these GCS) for its completion.

 

b. Formalization of the purchase:

Depending on the options listed above, the formalization will vary:

a) Formalize the service and proceed to payment directly. In this case, the formalization will be made after entering the personal data and proceeding to payment through the Stripe platform (see clause seven of these GCS). For this purpose, it will be necessary for you to provide, among other things, your full name, email address, telephone number, address, vehicle data (chassis number, year of first registration, technical data, vehicle registration certificate, ID card or passport of the owner appearing on the vehicle documentation) and bank details. These data must be true and accurate in all cases.

When you have entered all the data in the form, selected the payment method you want and checked that everything you have entered is correct, it will be necessary for you to read and accept our "Privacy Policy", our "Terms and Conditions of Use of the Website" and these "General Conditions of Sale".

At the time of payment, you will be informed of all order details (including an order number [the "Order No."]). Please note that the Order No. is provided for reference purposes only and in no way constitutes a confirmation by FICHA TÉCNICA COCHE of acceptance of the order.

b) Select the service, contact the CAR TECHNICAL DATA SHEET team, and once formalized, the payment method is indicated. In this case, the formalization will take place after the payment has been completed through the selected payment method (see clause seven of these GCS).

As indicated above, in this case, a data collection form will be sent. For this purpose, it will be necessary for you to provide, among others, your full name, e-mail address, telephone number, address, vehicle data (chassis number, year of first registration, technical data sheet, registration certificate, ID card or passport of the owner appearing on the vehicle documentation) and bank details. These data must in all cases be true and accurate.

When you have entered all the data in the form, the payment data will be sent to the mechanism selected in the original communication, and you can proceed with the payment of the services.

At the time of payment, you will be informed of all order details (including an order number [the "Order No."]). Please note that the Order No. is provided for reference purposes only and in no way constitutes a confirmation by FICHA TÉCNICA COCHE of acceptance of the order.

 

c. Order Confirmation:

In the event that FICHA TÉCNICA COCHE accepts your order and after having verified the availability to provide the requested service, as well as the payment made, you will be notified by sending an order confirmation (the "Order Confirmation"). Such Order Confirmation will be sent by e-mail and will be effective from the date of sending.

d. Shipping and delivery of the order:

 

      a. Shipping:

 

For all services (with the exception of vehicle registration), the documentation and/or service is delivered digitally and sent to the e-mail address provided at the time the service was provided.

In the case of vehicle registration, we currently use as our logistics provider:

• SEUR, S.A., a Spanish company with Tax Identification Number A-28985992 (hereinafter, "SEUR"). You can read its legal notice, here; its privacy policy, here and its conditions of carriage, here.

• United Parcel Service, Inc. together with its subsidiaries and affiliates (collectively, "UPS"). You can read their privacy policy, here, and their terms and conditions, here.

In this case, it will be sent to the postal address indicated in the order form, which cannot correspond to a post office box or public places, such as public roads, squares, stations, airports or other similar places. Additionally, the documentation related to this service will be available for delivery in Spanish territory (including Ceuta, Melilla, Canary Islands and Balearic Islands), as well as in European Union territory.

All orders / services are subject to availability. If there are difficulties in facilitating or executing them, we will contact you to find a solution.

      b. Delivery:

 

The delivery of the documentation associated with the service provided will depend on the service. As a guideline:

• Reduced chips: three (3) to twenty-four (24) hours.

• Certificates of Conformity: three (3) weeks.

• Certificate of Regulatory Acts: three (3) weeks.

• Vehicle registration documentation: two (2) months.

• Conformity Reports for legalization of alterations: between twenty-four (24) hours and one (1) week.

• Individual approvals: four (4) to six (6) weeks.

• Certificates of Correspondence: seven (7) to ten (10) days.

In the case of the vehicle registration service, the delivery of the documentation will be made as soon as possible after the confirmation of the order, at the postal address that you have included in the order data, except in case of force majeure. At the time of order confirmation, an approximate delivery time of the product will be indicated. The delivery note will be sent together with the Product(s).

If after two (2) attempts it is impossible to deliver your order, the logistics operator will contact you by telephone to inform you of the place where you can pick up your order. If it is not possible to contact you by phone, we will leave you a note telling you where your order is and how to pick it up. If you are not going to be at the place of delivery at the agreed time, please contact FICHA TÉCNICA COCHE or its logistics operator to arrange delivery on another day.

You will be responsible for the risk of the physical documentation from the moment of its delivery, so from that moment on you will be the only responsible for it.

7. PRICE, PAYMENT METHODS AND INVOICING:

a. Price:

All prices are in EUROS (€). The prices will be those published on the Website at the time you place your order.

All prices include Value Added Tax (V.A.T.) in accordance with current legislation, however, in the case of vehicle registration service and depending on the shipping territory, costs and taxes related to shipping and order processing are excluded, which, if applicable, will be informed and added to the final price.

Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation.

 

 

 

 

b. Payment Methods:

FICHA TÉCNICA COCHE through the Web Site, accepts the following methods of payment:

Credit/debit card:	You can pay using Visa and MasterCard debit or credit cards.   Your credit card details are sent directly to the corresponding payment gateway for payment settlement with your bank. The website has SSL (Secure Sockets Layer) certificate, a global security standard that ensures that the sending of data between the sender and receiver system is encrypted, as well as complying with the PSD2 security standard (Royal Decree-Law 19/2018 of 23 November).   No one at FICHA TÉCNICA COCHE, can have access to your credit card information, neither during the payment, nor afterwards. In this sense we use as payment gateway STRIPE (you can read their privacy policy, here) and REDSYS SERVICIOS DE PROCESAMIENTO, S.L. ("Redsys"), (you can read their privacy policy, here; and their legal notice, here).   On your bank statement you will receive a charge for CAR TECHNICAL DATA SHEET. If your bank authorizes payment by credit card, we will process your order.
Bizum:	In FICHA TÉCNICA COCHE we accept payment by Bizum. The management is done through REDSYS SERVICIOS DE PROCESAMIENTO, S.L. ("Redsys"), (you can read their privacy policy, here; and their legal notice, here).   In this sense, you must complete your payment request by adding your phone and Bizum key. The Bizum key is a four (4) digit PIN that can be used for all purchases and is obtained from the application / app of each bank.   You will receive a unique code from your bank to validate the transaction and confirm the payment.
Bank transfer:	Finally, we also accept payment by bank transfer. At the moment of the perfection of the service we will indicate you that you can proceed to the payment of the services to the account holder of FICHA TÉCNICA COCHE with number ES97 0182 6135 8102 0163 4443.

 

c. Billing:

You expressly authorize FICHA TÉCNICA COCHE to issue the invoice in electronic format, which will be sent to the email address you have indicated when registering on our website or during the purchase procedure and will be sent in Spanish. However, you will be able to communicate us at any time your wish to receive an invoice in paper format, in which case, we will issue and send the invoice in this format.

The electronic invoice will be stored on our servers for five (5) years, counting from the time it was sent to you by e-mail. This way you will be able to request it, for example in case of loss, through our customer service.

 

 

8. WARRANTY:

 

The user is informed that all the guarantee of registration management and legal-economic coverage by the Ilustre Colegio de Gestores Administrativos de Madrid and the insurance company MAPFRE ESPAÑA S.A. (hereinafter "MAPFRE") with policy number 0742280081544 (you can read their privacy policy, here).

9. LEGAL RIGHT OF WITHDRAWAL:

In accordance with Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter "Royal Decree 1/2007"), if you have the status of consumer, as that term is defined in the aforementioned rule, you will have the right to withdraw from the sale and purchase within fourteen (14) calendar days from receipt of the products object of the sale and purchase without having to justify your decision and without penalty of any kind, unless the sale and purchase refers to some of the products and/or services detailed in article 103 of the aforementioned law.

Among these cases is letter i) of Article 103 of Royal Decree 1/2007, which states that the right of withdrawal shall not apply to "the supply of goods made according to the specifications of the consumer and user or clearly personalized".

Therefore, and in compliance with said regulation, once the service has been perfected, it may not be withdrawn.

However, and in order to provide the user with the best service, from FICHA TÉCNICA COCHE, we allow the execution of the return if it is notified before the beginning of the procedures. Notwithstanding the above, once started we also apply the following returns depending on the product:

• Reduced data sheets: if there were any failure attributable to FICHA TÉCNICA COCHE on more than three occasions, or wrong information was provided by us.

• Certificates of Conformity: a refund will be allowed if it takes longer than the estimated time plus two additional weeks.

• Certificate of Regulatory Acts: a refund will be allowed if it takes longer than the estimated time plus two additional weeks.

• Vehicle registration documents will be refunded if the amount is delayed beyond the estimated period due to causes attributable to FICHA TÉCNICA COCHE.

• Conformity Reports for legalization of reforms: a refund will be allowed if it takes longer than the estimated term.

• Individual homologations: a refund of fifty percent (50%) of the total amount of the invoice is allowed if the vehicle inspection has already been performed. And one hundred percent (100%) if it has not been performed.

• Certificates of Correspondence: a refund will be allowed if it takes longer than the estimated period plus five days.

In these situations the user should contact us through the means indicated in section 9. As a summary we provide the following means of contact:

• Phone: (+34) 627399887
• E-mail: info@fichatecnicacoche.com

10. CUSTOMER SERVICE:

In any case, for any incident or complaint you can send an email to the address: info@fichatecnicacoche.com. As a consumer you can request a complaint form at the registered office of FICHA TÉCNICA COCHE, and download it through the official website of the Community of Madrid, here.

11. RESPONSIBILITY FOR CAR DATA SHEET:

FICHA TÉCNICA COCHE shall not be liable for (i) those losses that were not attributable to any breach by you, (ii) business losses (including loss of profits, revenues, profits, contracts, data or unnecessary expenses incurred) (iii) those indirect or consequential losses that were not reasonably foreseeable by both parties at the time the services were rendered.

Nothing in these terms and conditions limits or excludes our liability for misrepresentation, death or personal injury attributable to our negligence or wilful misconduct.

Please note that this has no effect on your statutory rights as a consumer under the terms of Royal Decree 1/2007, nor on the right to return products in accordance with clause seven (7).

WRITTEN COMMUNICATIONS:

Applicable law requires that some of the information or communications we send you be in writing. By using this Web Site, you agree that most of these communications with FICHA TÉCNICA COCHE will be electronic. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that FICHA TÉCNICA COCHE sends you electronically comply with the legal requirements of being in writing. This condition shall not affect your rights recognized by law.

13. NOTIFICATIONS:

The notifications you send to FICHA TÉCNICA COCHE should preferably be sent through our e-mail address info@fichatecnicacoche.com. Pursuant to the provisions of clause 11 above and unless otherwise stipulated, FICHA TÉCNICA COCHE may send you communications either to the e-mail address or to the postal address provided by you when placing an order.

Notices shall be deemed to have been received and to have been properly made twenty-four (24) hours after an e-mail has been sent, or three (3) days after the postmark date of any letter. To prove that notice has been given, it shall be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and properly delivered at the post office or in a mailbox and, in the case of an email, that the email was sent to the email address you specified when placing the order.

14. ASSIGNMENT OF RIGHTS AND OBLIGATIONS:

In case of purchase through this Web Site, the present GCS are binding both for you and for FICHA TÉCNICA COCHE, as well as for the respective successors, assignees and successors in title.

You may not transfer, assign, encumber or otherwise transfer your contractual position or any of the rights or obligations arising thereunder in your favor or to you, without obtaining the prior written consent of CAR TECHNICAL DATA SHEET.

ONLINE DISPUTE RESOLUTION PLATFORM:

In accordance with the provisions of Article 14 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on Online Dispute Resolution in Consumer Matters amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, consumers have an Online Dispute Resolution Platform, which they can access from the following link:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=ES

Through this link, users of the Website will be able to access the European Platform for Online Dispute Resolution. In case you have had a problem with a purchase or the provision of an online service, you can use this means to file any claim in connection with such purchase or provision of services, as well as opt for out-of-court settlement of the dispute.

A direct access has been established in the footer of the website to allow consumers easy access to the platform.

16. PARTIAL NULLITY:

If any of these GCS are declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity, and the null or unenforceable clause shall be replaced by another that can be assimilated to the previous one in the most appropriate way possible.

17. FORCE MAJEURE:

Neither you nor FICHA TÉCNICA COCHE shall be liable for any failure to comply with these T&Cs as a result of force majeure beyond your control. Force majeure shall be understood to be any act, event, failure to exercise, omission or accident beyond reasonable control, and in particular and for the purposes of illustration only and without limitation, the following: strikes, lockouts or other industrial action, natural disasters, civil commotion, terrorist threats or attacks, impossibility of use of trains, ships, planes, motor transport or other means of transport, among others.

It shall be understood that the obligations shall be suspended during the period in which the force majeure continues, and we shall have an extension of time to fulfill such obligations for a period of time equal to the duration of the force majeure.

18. APPLICABLE LAW AND JURISDICTION:

The contract for the purchase of products through this Web Site shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the Web Site or such contract shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals, being competent the court or tribunal that corresponds in accordance with current regulations.

Notwithstanding the foregoing, if you are contracting as a consumer under the terms of Royal Decree 1/2007, nothing in this clause shall affect your rights as a consumer under current legislation.

[1] Among these enabled forms would be: (1) Reduced form service: accessible URL, here; (2) Homologation of reforms: Accessible URL, here; (3)Maximum authorized mass (MMA): Accessible URL, here.