Introduction
This contractual document will govern the General Conditions for contracting products (hereinafter, «Conditions») through the website truthbelowground.com, owned by TRUTH BELOW GROUND SL under the trademark , hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by TRUTH BELOW GROUND SL. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable. [NomERF]] will file the electronic document where the purchase is formalized and will keep it at the USER’s disposal in case he/she requests it.
The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
- Has read and understood the above.
- Is a person with sufficient capacity to enter into contract.
- Assumes all the obligations set forth herein.
These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.
The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the services contracted by the USER is TRUTH BELOW GROUND SL, with registered office at CALLE BAILEN, 12 – 1 EXT 28013 MADRID, NIF B23963846 and contact and/or customer service email info@truthbelowground.com13.
And on the other part, the USER, registered on the website by means of a user name and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a determined price publicly displayed through the website, of a specific service which may include:
- Annual subscriptions for access to the digital platform;
- Purchase of votes, available only for registered users; and
- Purchase of individual digital reports of an informative nature, accessible via download or online viewing.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify info@truthbelowground.com so that TRUTH BELOW GROUND SL can correct them as soon as possible.
The USER will be able to keep his/her data updated by accessing his/her user account.
Contracting procedure
The USER, in order to access the services offered by the PROVIDER, must be of legal age, acquire a subscription and, after verification of payment, register through the website by creating a user account provided by Truth Below Ground.
The USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD), as detailed in the Legal Notice and the Privacy Policy of this website.
The USER will have as a user name the email address with which the purchase is made and must set a password, committing to make diligent use of them and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of the same or possible access by an unauthorized third party.
Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:
- General contracting clauses.
- Shipping and delivery of orders.
- Right of withdrawal.
- Claims.
- Force majeure.
- Competency.
- General information of the offer.
- Price and period of validity of the offer.
- Shipping costs.
- Payment methods, charges and discounts.
- Purchase process.
- Suspension or termination of the contract.
- Guarantees and refunds.
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not activate any service until it has verified that payment has been made. As the order does not entail the physical delivery of any product, the PROVIDER will previously inform the USER regarding the procedure to be followed to carry out the download or activation.
Failure to execute the distance contract
The service will be available from the moment the USER has made the payment. In case of not being able to execute the contract because the service is not available, the USER will be informed and will be entitled to cancel the order and receive a refund of the total amount paid without any cost.
In case of unjustified delay by the PROVIDER regarding the refund, the USER may claim to be paid double the amount owed.
The PROVIDER will not assume any responsibility when the activation of the service is not carried out because the data provided by the USER is false or incomplete.
The provision of the service is considered carried out at the moment of download or activation.
3. RIGHT OF WITHDRAWAL
The right of withdrawal will not be applicable to the contracts listed in Article 103 of RDL 1/2007. Any request for refund, withdrawal or incident related to digital services must be communicated to info@truthbelowground.com, indicating the order or invoice number.
Given that the services are digital content, there is no physical return or associated transportation costs. In accordance with Article 103.m of RDL 1/2007, the right of withdrawal will not be applicable to digital services that have been fully executed or whose access has begun with the express consent of the USER. In particular, no refunds will be granted for subscriptions, votes, or digital reports once the USER has accessed the platform or content, except in cases of technical error attributable to the PROVIDER.
4. CLAIMS
Any claim that the USER considers appropriate will be attended to as soon as possible at the following contact addresses:
Postal: TRUTH BELOW GROUND SL, CALLE BAILEN , 12 – 1 EXT 28013 MADRID
E-mail: info@truthbelowground.com
5. FORCE MAJEURE
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
Merely by way of illustration and not limitation, the following shall be considered force majeure events: failures or interruptions in telecommunications networks or power supply, cyberattacks, prolonged server outages, serious errors in third-party platforms necessary for the provision of the service, government decisions, labor disputes, natural disasters, fires, floods, or other similar circumstances that prevent or seriously hinder the correct provision of digital services.
In the event of a force majeure event, the PROVIDER shall inform the USER as soon as possible, and the affected obligations shall be suspended for the duration of said situation. Once the force majeure event has ceased, the parties shall resume the fulfillment of their obligations, without this giving rise to any right to compensation.
If the force majeure situation lasts for a period exceeding thirty (30) days and makes the continuity of the contracted service unfeasible, either party may terminate the contract, proceeding, where appropriate, to the proportional refund of the amounts paid for services not enjoyed.
6. COMPETENCY
The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
7. GENERAL INFORMATION OF THE OFFER
All sales and deliveries made by the PROVIDER are subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of TRUTH BELOW GROUND SL or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.
Given the continuous technical advances and service improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, provided that such modifications do not affect the value of the services offered. These modifications shall likewise be valid in the event that, for any reason, the availability of the services offered is affected
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each service do not include Value Added Tax (VAT), which will be added during the checkout process.
The prices applicable to each product are those published on the website and shall be shown in EURO.
Before making your purchase, you can check all details of the estimate online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total amount of the purchase
Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the company name that they indicated while placing the order. This invoice will be sent in PDF format to the email address provided by the USER, provided that express consent has been given for this purpose. The USER is hereby informed that they may revoke said consent at any time by notifying the PROVIDER through any of the means made available to them.
For any information regarding the order, the USER may contact us via email at info@truthbelowground.com
9. SHIPPINGS COSTS
There are no shipping costs.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and accepts the following payment methods for orders:
- Credit card
The USER may use a discount coupon prior to the completion of the purchase if they have received it from the PROVIDER.
SECURITY MEASURES
The website uses generally accepted information security techniques within the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the user/client agrees that the provider will obtain data for the purpose of the corresponding access control authentication.
The PROVIDER undertakes not to allow any transaction which is considered illegal by the credit card brands or the acquiring bank and which may or has the potential to damage their goodwill or negatively influence them.
It is prohibited under the card brand programmes to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
11. PURCHASE PROCESS
Basket (budget simulation)
Any product from our catalogue can be added to the basket. In the basket you can only view the products, quantity, price and total cost. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the payment and shipping details entered.
Baskets have no administrative link, it is only a section where you can simulate an order without any commitment from either party.
Follow the steps below to correctly place an order from the basket:
- – Confirm billing details.
- Confirm of the service delivery method (download, user account activation, etc)
- Select payment method.
- Place your order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the e-mail of the USER confirming that the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours on business days, an email will be sent to the USER confirming the order status and the approximate date for account download and/or activation.
12. SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, when the USER fails to comply with the obligations set forth in this contract or any applicable legal provision, license, regulation, directive, code of practice or policy.
Whenever the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
13. GUARANTEES AND REFUNDS
The guarantees will respond to the provisions of the Title referred to “Guarantees and after-sales services” of the Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, which can be accessed by clicking here
The PROVIDER does not guarantee the absolute veracity or permanent updating of the acquired informative reports, as they are based on public sources and do not constitute professional advice.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. Any controversy that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.