Valmesa's General Contracting Conditions
IDENTIFICATION DATA OF VALORACIONES MEDITERRÁNEO, S.A.
- Company name; VALORACIONES MEDITERRÁNEO S.A.
- CIF A-03319530.
- Registry Data; Registered in the Mercantile Registry of Alicante, in Volume 962, Book 420, Section 3, Page 88, Sheet 9528.
- Registration data; Registered in the Bank of Spain’s Register of Appraisal Companies, under number 4350, on October 31, 1998.
- Address; Urb. Barrina Norte nº 36, Valmesa Building, 03502, Benidorm, Alicante.
- Contact; atención.firstname.lastname@example.org or telephone 900.420.200.
The contracting of the online valuation service offered through the website www.valmesa.com, requires the acceptance of the General Contracting Conditions included in this document, which the Customer acknowledges having read before the formalization of the contract by electronic means.
These contract conditions may be updated and/or modified by Valoraciones Mediterráneo, S.A. (from now on “VALMESA”) at any time and when it considers it appropriate, notwithstanding that if the modification and/or updating of the same should result in changes in the contractual relationship with the Client, VALMESA will maintain the conditions in force at the time the contract was formalised.
It is therefore recommended that the CLIENT reads the Contract Conditions before contracting the service.
• DEFINITION OF CUSTOMER.
The CLIENT is considered to be the natural or legal person, with legal capacity to contract in accordance with the applicable legislation, and who registers on the website through the various forms published for this purpose, and who requests a service.
The contracting of the services and the provision of personal data through the website requires that the person is of legal age, in accordance with Spanish legislation, and has the necessary legal capacity to contract the services offered on the website by himself/herself.
All the services are provided to the customer in its condition of recipient or end user of the same, and therefore, the commercialisation or resale of the service is strictly forbidden, as well as the assignment of the contract without the express authorisation of VALMESA.
• DEFINITION OF THE SERVICES..
VALMESA, offers its customers the possibility of contracting the preparation of an appraisal report entirely through the web site, managing for this purpose its contracting, payment and delivery of the report, in relation to the following services (among others):
- VALUATION OF REAL ESTATE, PLOTS, LAND AND RURAL PROPERTIES.
- VALUATION OF ECONOMIC OPERATIONS: HOTELS, PHARMACIES, PETROL STATIONS, ETC.
- VALUATION OF COMPANIES.
- VALUATION OF BOATS.
- VALUATION OF VEHICLES AND OTHER MOVABLE GOODS.
- VALUATION OF JEWELLERY. VALUATION OF ANTIQUES OR WORKS OF ART.
- MACHINERY VALUATION.
- ENERGY EFFICIENCY CERTIFICATES.
All the services described above are provided for movable and immovable property located in Spain, Africa, Europe, Latin America and the USA.
• Valuation of real estate.
Property valuation services are carried out by VALMESA in accordance with the regulations in force at any given time, on the valuation of property and certain rights for certain financial purposes, currently Order ECO/805/2003 of 27 March and complementary legislation.
The reports will be prepared from the visit to the property, in which its characteristics will be checked. It will also be checked whether the property complies with the provisions contained in the regulations, registry and cadastral registration, or whether there are any other restrictions derived from any public protection regime, or municipal, regional or general regulations.
Likewise, the state of occupation, the rights in rem that burden the property will be taken into account, provided that these can be verified by the technician in the inspection of the property, are registered in the Property Registry, or have been communicated by the client.
The valuation will not take into account any charges on the property, such as mortgages, seizures, or tax charges. Etc…
The reports shall consist of:
• Appraisal Report, which will state the purpose and scope of the study, describing and analysing the property under appraisal, the different units that make it up and setting out the methods of appraisal and arguing the conclusions and determining factors for the value stated. It will be completed with annexes containing the additional information considered relevant to the conclusions of value.
• The valuation certificate, which will summarise the previous report, will identify the property being valued, describe the nature and extent of the work and checks carried out, the valuation criteria used by the competent technician, the calculation methods adopted and present the value conclusions reached.
In the event that the necessary documents of the property to carry out the valuation are not available, or some relevant characteristics for the valuation of the property are not verified, this may be conditioned or noted in the report in accordance with the provisions of Articles 10 and 11 of Order ECO 805/2003.
• Documentation required for the valuation.
- Property Deed or Simple Note from the Land Registry.
- Cadastral reference of the property.
- Plan of the Property (not compulsory).
• Energy Certificates.
The procedure to be followed to obtain an energy efficiency certificate is provided for in Royal Decree 235/2013 of 5 April, which approves the basic procedure for certifying the energy efficiency of buildings.
Article 2 establishes the scope of application of the certificate, which includes new buildings, existing buildings that are rented or sold, and certain buildings or parts occupied by a public authority that are frequented by citizens.
The energy efficiency certificate is a document issued by a technician who holds one of the academic and professional qualifications required to draw up projects or to direct construction work and to manage the execution of building works or the design of thermal installations.
• Valuation of plots land and rural properties; Valuation of pharmacies and other economic operations; Valuation of companies; Valuation of boats; Valuation of jewellery; Valuation of antiques or works of art; Valuation of vehicles or other movable goods and Valuation of machinery.
In order to carry out the valuation and appraisal of the movable and immovable property described in this section, the documentation to be requested by VALMESA from the Client will depend on each specific case, so once the service has been contracted, and taking into account the particularities of the assignment, the client will be informed of the documentation required to carry out the valuation or appraisal.
• SERVICE PROVISION PROCESS.
• How to carry out the order.
The request to start the service will begin when the client completes one of the forms provided on the website, depending on the valuation service he or she wishes to contract, and followed by the following steps:
1 .- If the CLIENT is not registered on the website, you must do so at that time. If, on the contrary, he is already registered, he will have to enter his surname and password, and he will be directed back to the purchase form.
3º.- Once all the above has been done, click on “PAY”.
4º.- The CLIENT must make the payment, if the payment is authorized the CLIENT will see the confirmation of his purchase and we will automatically send him an email to the email address provided with the same information that he will be able to retrieve when he needs it.
5º. At that moment the CLIENT will be registered and the order will start to be processed by VALMESA.
• Right of VALMESA not to accept or cancel the service.
VALMESA may reject, cancel or not accept an order already confirmed in the following cases. This will be notified by e-mail before any action, to try to solve the incidence and return any payment made:
- Your payment information is incorrect or unverifiable;
- Your order may have been placed for fraudulent purposes, or in connection with a crime or other illegal activity;
- An inadvertent error has occurred, such as a payment error, etc.;
- There are reasons which indicate that the Customer is a minor (under 18 years of age);
- The order could not be delivered to the address provided by you
• DELIVERY OF THE APPRAISAL REPORT.
The delivery times for the valuation reports will vary according to the needs and types of goods selected by the Customer when contracting the Service. In the case of homes, if the urgent option is selected, the delivery time for the report will be 4 days from the time the visit is made by the competent Valmesa technician and all the necessary documentation is available to carry out the work. If the Client indicates that the valuation request is not urgent, the delivery time will be 7 days from the date of the visit and when all the documentation is available from Valmesa.
Notwithstanding the above, the delivery times described above may be modified when the circumstances of the assignment or other external circumstances so require, in which case the Client will be informed as soon as possible and given an estimated delivery time.
• METHOD OF PAYMENT.
You can choose any of the following payment methods:
- By credit or debit card; through this form of payment you provide the card number, expiration date and the CCV, these data are encrypted and sent to the bank’s TPV.
- Through the PayPal system; For the client to be able to use this system it is necessary to have a PayPal account (more information at www.paypal.es).
• SCOPE AND LIMITATIONS OF THE APPRAISAL REPORT.
The valuation reports issued do not have the scope of an audit or technical, tax, legal or planning due diligence process. Consequently, attention is drawn to the limited scope of some of the checks carried out in their preparation.
VALMESA, does not assume any responsibility in relation to third parties other than the Client who has carried out the assignment and who use the valuation report.
The appraisals may only be used by the Client for the purpose for which they have been requested. VALMESA will not be liable to the client for any damage caused by the use of the appraisal report for a different purpose included in the report.
The limited scope of an appraisal report in the terms set out in section 8 above determines the limits of the responsibility assumed by Valmesa.
In accordance with the provisions of Article 164.1 section 3 and point 2, of Law 37/1992 of 28 December, the Value Added Tax Law, the Client gives his consent for Valmesa to issue the corresponding invoice in electronic format in his name, as well as for this to be sent to the e-mail address provided when the contract with Valmesa is formalised.
The Customer may at any time revoke his express consent to receive the invoice in electronic form. For this reason, they must send an e-mail to the following address: atención.email@example.com, in which they will identify themselves with the data with which they have contracted the service, and will indicate the data with which they have contracted the service, indicating their interest in receiving the invoice on paper.
In case the client wishes to communicate any incident, comment or make any claim, he may do so by sending an e-mail to the following address: atención.firstname.lastname@example.org
• VALIDITY AND DURATION.
The contract will come into force and take effect from the moment the Customer accepts it and has paid for the service. The contract will have a defined duration, which will be limited by the reception by the Customer of the result of the contracted service.
The CUSTOMER may withdraw from the contract within 14 days from the day following the conclusion of the contract, in accordance with Article 104 paragraph a) and without having to justify the reasons for its withdrawal.
In order to exercise his right, and always within the period established in the previous paragraph, unless the service has already been completely carried out, the CLIENT may use the model form that VALMESA makes available to him, or make an unequivocal statement that leaves a record of his wish to withdraw from the contract.
VALMESA expressly informs the CLIENT that, as this is a service provision, which has also been prepared based on particular specifications of the client, and in accordance with the provisions of Article 103.1 of the Revised Text for the Defence of Consumers and Users, this right of withdrawal will not be applicable if the service has been completely executed.
Therefore, the acceptance of these conditions implies the express consent of the client, to immediately begin providing the requested services, and determines that the client knows and accepts that when the service has been completed, even if within the period of 14 days, he will not be able to withdraw from the contract.
Notwithstanding the above, if the service has already begun and the Client decides to exercise his right of withdrawal within the period of time, Valmesa will charge the amount corresponding to the visit that may have already been made by its competent technician, or other expenses or procedures already incurred and quantifiable, which will vary depending on the service that has been contracted, all of which will be destined to cover administration expenses, (generation and cancellation of orders and arrangements for the return of fees).
• SECURITY POLICY.
VALORACIONES MEDITERRANEO, S.A. guarantees the security of all communications with its clients. All data operations will be carried out on a secure server based on the SSL security standard which, through an encryption system, makes access to the data impossible in the event of third-party violation attempts.
• JURISDICTION AND APPLICABLE LAW.
Purchases made through the VALMESA website and under these Sales Conditions are subject to Spanish law.
Any dispute or discrepancy that arises from the application or interpretation of the Sales Conditions, as well as the contracts that it incorporates the competent courts will be those of the consumer’s place of residence in Spain.