General conditions of sale

1. ENTITY RESPONSIBLE FOR THE WEBSITE

This website www.tasafy.com (hereinafter, "Website") is operated by:

INTELIGENCIA VERSATIL S.L.

  • REGISTERED OFFICE: Avda. Europa, 34, D-2º, 28023, Madrid, Spain.
  • Tax ID no.: B-86230398.
  • CONTACT: Telephone: 661 118 669. Email: info@tasafy.com.
  • PUBLIC REGISTRY: Volume: 28814, Book: 0, Sec.: 8, Folio: 206, Sheet: M-518805.

This document establishes the terms and conditions governing purchases via the Website owned by INTELIGENCIA VERSATIL S.L. (hereinafter, "THE COMPANY"), of the services offered therein (hereinafter, the "General Conditions of Sale" or "GCS").

2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

By contracting a service through the Website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. In the event of contracting a service on behalf of a legal entity, you declare that you have sufficient capacity to represent said legal entity and to accept these GCS.

Likewise, from the moment you contract the service and after ticking the boxes on the purchase form, you accept and undertake to comply with these terms and conditions without any reservations whatsoever. These GCS replace any other previous condition stated in any other document.

Therefore, we ask that you read these GCS carefully before contracting the service via the Website.

The purchase of the service will be understood to be made at THE COMPANY's registered office, which is stated in the previous section.

THE COMPANY has the right to review and modify these GCS at any time and without prior notice. However, these changes will not have any effect on the services contracted prior to the corresponding modification.

3. CHARACTERISTICS OF THE SERVICES OFFERED ON THE WEBSITE

The services involve creating an appraisal report and handling how said report is handled, paid for and delivered.

This service is only available for contracting valuation services in order to request a mortgage or to obtain advice on the value of a property for the purchase and sale of properties, inheritance distributions, amongst others.

For all other purposes, you should contact customer service in order to prepare an individualised, personalised estimate.

It should be considered that the services are provided to the client in their capacity as a recipient or end-user thereof, with the resale or marketing of the Service being strictly prohibited, as well as the assignment of the contract without express authorisation from Tasafy.

4. PERSONAL DATA

The information or personal data that you provide us will be processed in accordance with the provisions of the Privacy Policy contained on this Website. By using this Website, you declare that the information and data provided is true, accurate and corresponds to reality.

5. CORRECTING WRONGLY ENTERED INFORMATION

If it is necessary to correct the information or personal data provided during the process of contracting the service, you can contact our Customer Service.

6. PROCEDURE FOR CONTRACTING THE SERVICE

Below are the characteristics and the contracting process for the services:

a. Purchasing the service via the website:

You will purchase the service by first filling in the electronic application form, where you must state the property type and the purpose of the appraisal. Then, depending on the value range of the property under consideration, the appropriate rate will be provided.

To complete the purchasing process, you will need to provide the following information: name, surname(s), telephone number, address of the property to be appraised, ID number and email address, as well as the billing information. Please read our Privacy Policy, our General Conditions of Sale and our Terms and Conditions of Use for the Website below and, if you agree with them, tick the corresponding boxes. You should read both texts before contracting the service.

Once you have been through these steps, you will be informed of all the data regarding the contracted service including the order number. Please be aware that this information is provided for reference purposes and that under no circumstances does it constitute confirmation by THE COMPANY of acceptance of the order. You will then be sent to our Redsys payment platform and be able to choose between payment via Bizum or card. The service will not be considered as being contracted until payment has been made.

This means making an offer to contract the selected services on the platform in accordance with these terms and conditions. THE COMPANY reserves the right to accept said offer at its sole discretion, with it being able to accept it only partially, and in the event it does not do so for any reason, THE COMPANY will try to contact you via email, telephone or mail and will reimburse you for any amount that it is able to deliver to you.

b. Confirmation of the contracted service:

Once payment has been made via the platform, the service is understood to have been contracted for all purposes, confirming purchase sending an email to the email address provided, which will detail the data previously entered on the purchase form, the order number and the price paid. This confirmation will be considered effective from the date that the confirmation email is sent. In this email, you will be informed of the appraisal company that has been allocated to you for your appraisal.

You will be contacted by an agent of said Company within 2 hours to confirm all your data and begin with your commission.

c. Term for issuing the appraisal report:

Each Tasafy collaborating Appraisal Company establishes its own delivery deadlines of between 3 and 5 calendar days provided there is no incident unrelated to the appraisal companies, such as urban planning enquiries, the failure to be able to visit the property, a lack of documentation on the client’s behalf, amongst others.

7. DOCUMENTATION THAT MUST BE PROVIDED FOR THE CORRECT PROVISION OF THE SERVICE

NECESSARY DOCUMENTATION FOR THE MORTGAGE GUARANTEE:

1.1. Registration certificate accrediting the ownership and charges on the property, as well as its complete description, issued within the three months prior to the valuation date. It can be replaced by one of the following:

  • Copy of the Land Registry Certificate, issued within the three months prior to the valuation date, which contains the ownership and complete description of the property as a minimum, including royalties and limitations to the domain.
  • Photocopy of the Property Registry Book.
  • Photocopy of the Property Deed - an electronic document issued by the Property Registry.

1.2. Cadastral documentation and graphical cadastral information describing the property, issued within three months prior to the valuation date.

1.3. Dimensioned and scaled plans of the floors that make up the property. For properties with a surface area greater than 300 m²c, the client will provide dimensioned and scaled plans of the floors that make up the property/properties. Likewise, a survey estimate could be independently drafted (by means of plans adapted to the purpose of the report) after informing the client of said circumstance and stating whether or not its completion is suitable for the purpose of the valuation.

If the property is under construction, the current building licence, the approved project and, if available, the signed estimate for material execution.

8. PRICE, PAYMENT METHODS AND BILLING

a. Price:

All prices are in EUROS. The prices will be those published on the Website at the time you placed the order.

You can pay using Visa or Mastercard credit or debit cards.

The Website has a SSL (Secure Socket Layer) certificate which ensures that any data entered on it will be encrypted.

Your credit card details are sent directly to the corresponding payment gateway for payment settlement with your bank.

No one in THE COMPANY may have access to your credit card details, neither during payment, nor afterwards.

Payment will be made as soon as the card details on the payment form are sent. You will see a charge from THE COMPANY on your bank statement. If your bank authorises payment with your card, we will process the order.

In the event that the payment platform reports the card as declined, the order will be automatically cancelled, stating that the transaction has been cancelled online in real time.

As a user of the website, you are responsible for the transactions you make by card or any other electronic payment method. The authorisation confirms that the payment details and numbers are correct, that neither the card nor the account is listed as lost or stolen, and that the funds are available at the time of payment.

The commitment that you make when you authorise the payment from the credit or debit card is final. It is only possible to cancel the payment in the event that the credit card is lost, stolen or it is used fraudulently.

All prices include Value Added Tax (VAT), General Indirect Tax in the Canary Islands (IGIC) or Tax on Production, Services and Importation (IPSI), in accordance with the current legislation.

Prices may change at any time, although any changes will not affect the commissions we have already sent you a contracted service confirmation for.

The tariff is calculated based on the value of the property. When it comes to choosing this value, try to be as close as possible to the real value of the property. If, after issuing the report, it is confirmed that the value exceeds what has been declared by the applicant, IV may increase the price in proportion to the deviation with the client being informed and providing their consent in advance.

b. Payment Methods:

THE COMPANY accepts credit cards as a payment method on the Website.

c. Billing:

It expressly authorises THE COMPANY to issue the invoice electronically; said invoice will be sent in Spanish. You may inform us at any time if you wish to receive an invoice in paper format. To do so, you must send an email to the following address: info@tasafy.com where you will have to provide the information that you entered when you contracted the service, and state your interest in receiving your invoices in paper format. Once this step is completed, we will issue and send invoice in this format.

The invoice will be sent once the appraisal process is complete.

The electronic invoice will be stored on our servers for 5 years from the moment it was sent to you by email. This way, if you misplace the invoice, for instance, you can request a copy of it from customer service.

9. LEGAL RIGHT OF WITHDRAWAL:

In accordance with Royal Legislative Decree 1/2007, of 16 November, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, “Royal Decree 1/2007"), if you have consumer status as the term is defined in the aforementioned law, you will have the right to withdraw from the sale within a period of 14 calendar days from the day the sale contract is concluded without having to justify your decision and without a penalty of any kind.

To do so, you must notify your decision to withdraw from the sale contract by sending an unequivocal statement by email to info@tasafy.com or by post to Avd. Europa, 34, D-2º, 28023, Madrid, including your contact information, the order reference number, the delivery date and a photocopy of your ID document. You can use the withdrawal form template which can be found on the last page of this document for this purpose.

In order to comply with the withdrawal period, it is enough for the notification stating that the aforementioned right is being exercised to be sent before the end of the corresponding period.

However, once the property is appraised, and the corresponding report has been issued, the right of withdrawal is lost given that the service has been completely carried out in accordance with the provisions of Article 103.a) of the General Law for the Defence of Consumers and Users.

For withdrawals in accordance with this Clause, THE COMPANY will return all payments received in relation to the purchase of the service subject to withdrawal no later than 14 days following the day that THE COMPANY receives the aforementioned notification.

THE COMPANY may make said reimbursement using the same payment method that it would have used for the initial purchase transaction unless another payment method is expressly agreed upon.

If the service has begun, the right of withdrawal will be requested in the terms referred to in the previous sections, the proportional amount of fees attributable to the part of the service already provided will be returned when the COMPANY has been informed of its withdrawal in relation to the whole scope of the contract. The proportional amount to be paid will be calculated based on the total price agreed in the contract.

10. CUSTOMER SERVICE

All content, trademarks, logos, drawings, documentation, computer programs or any other element subject to protection by intellectual or industrial property legislation which are accessible on the Website correspond exclusively to THE COMPANY or its legitimate owners and all rights over them are expressly reserved. The creation of hypertext links to any component of the Website is expressly forbidden without the authorisation of THE COMPANY, provided that said links do not take the user to a section of the Website that does not require identification or authentication for access, or it is restricted.

In any case, THE COMPANY reserves all rights over the content, information, data and services that it holds over them. THE COMPANY does not grant any license or authorisation of use to the user for its contents, data or services, other than what is expressly detailed in these General Conditions of Use.

  • Name and surname(s) of the interested party.
  • Address of the interested party.
  • Tax ID no.
  • Reason for the incident or claim.
  • Appraisal reference or related property.
  • Place, date and signature and, where appropriate, documentary evidence.

As a consumer, you can request complaint forms from THE COMPANY's registered office.

11. COMPANY LIABILITY

THE COMPANY is not responsible for (i) any losses that were not attributable to any breach on its part, ii) business losses (including lost profits, income, contracts, data or any unnecessary expenses incurred) (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the service purchase contract was formalised.

Nothing in these conditions limits or excludes our liability in the event of falsehood, death or personal injury attributable to our negligence or intent.

Likewise, our liability in relation to any service purchased on our website will be strictly limited to the purchase price of said service.

Note that this has no effect on your legal rights as a consumer under the terms of Royal Decree 1/2007, nor on the right to return the services contracted in accordance with Clause 9.

12. WRITTEN COMMUNICATIONS

The current legislation requires for part of the information or communications that we may send you be in writing. By using this Website, you accept that most of said communications with THE COMPANY are electronic. For contractual purposes, you agree to use this electronic means of communication and acknowledge that any contract, notification, information and other communications that THE COMPANY sends you electronically meet the legal requirements of being in writing. This condition will not affect your rights as recognised by the law.

13. NOTIFICATIONS

The notifications that you send to THE COMPANY should preferably be sent to our email info@tasafy.com. In accordance with the provisions of Clause 12 above and unless otherwise stipulated, THE COMPANY may send you communications either by email or to the postal address provided by you when making the purchase.

It will be understood that the notifications have been received and correctly made 24 hours after an email has been sent, or 3 days after any letter has been posted. To prove that the notification has been sent, for letters it will be enough that the address was correct, it was properly sealed and that it was duly delivered to the post office or to a mailbox; and for emails, that it was sent to the email address that you specified when making the purchase.

14. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

In the event of a purchase via this Website, these GCS are binding for both you and THE COMPANY, as well as for the respective successors, assignees and successors-in-title.

You may not transmit, assign, encumber or in any other way transfer your contractual position or any of the rights or obligations derived from it in your favour or for you without having obtained prior written consent from THE COMPANY.

15. 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 for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, consumers have an Online Conflict Resolution Platform, which they can access via the following link:https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=EN

16. PARTIAL NULLITY

If any of these GCS were declared null and void by a firm resolution by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity, and the nullified or unenforceable clause will be replaced by another that may assimilate to the previous one in the most appropriate way possible.

17. FORCE MAJEURE

Neither you nor THE COMPANY will be responsible for the breach of these GCS as a result of force majeure beyond your control. Force majeure will be understood to be any act, event, lack of exercise, omission or accident that is beyond reasonable control, and in particular and for merely illustrative and non-limiting purposes, the following: strikes, lockouts or other protests, natural disasters, civil commotion, threats or terrorist attacks, not being able to use trains, boats, planes, motor transportation or other means of transportation, amongst others.

It will be understood that the obligations will be suspended during the period in which the force majeure persists, and we will have an extension of the term to fulfil said 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 services via this Website will be governed by Spanish law. Any controversy that arises or is related to the use of the Website or with said contract will be subject to the non-exclusive jurisdiction of the Spanish courts.

Notwithstanding the foregoing, if you are contracting the services as a consumer under the terms of Royal Decree 1/2007, nothing in this clause will affect the rights that the current legislation could recognise as such.