General terms and conditions of sale

1. Responsible identification of the website

This website www.valumre.com (hereinafter “website”) is operated by:

INSTITUTO DE VALORACIONES S.A.
REGISTERED OFFICE:	Avd. Europa, 34, D-2º, 28023, Madrid
N.I.F.:	A85872646
CONTACT US:	PHONE:	917 15 94 46
CONTACT US:	EMAIL:	info@valumre.com
PUBLIC REGISTRY:	Volume: 27.444
	Book: 0
	Sect.: 8
	Folio: 140
	Sheet: M-494584

The present document establishes the terms and conditions governing the purchase through the Web Site owned by Instituto de Valoraciones S.A. (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 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 make the purchase, after checking the boxes provided in the purchase form, you accept and agree to comply with these terms and conditions, without any reservation in this regard. These T&Cs supersede any prior terms and conditions contained in any other document.

Consequently, please read these GCS carefully before formalizing the contracting of the service through the Web Site.

The purchase of the service shall be understood to have been made at the registered office of THE COMPANY, indicated in the previous paragraph.

THE COMPANY has the right to revise and modify these T&Cs at any time and without prior notice. However, such changes shall not have any effect on contracts entered into prior to the corresponding modification.

CHARACTERISTICS OF THE SERVICES OFFERED THROUGH THE WEBSITE:

The services offered consist in contracting through this Web Site the performance of an appraisal report,

and to this end, managing their contracting, payment and delivery of the report.

This service is only available for the contracting of valuation services for the purpose of applying for a mortgage loan or for advice on the value of a property for the purchase and sale of real estate, inheritance distributions, among others.

For all other purposes, please contact our customer service department in order to prepare an individualized and personalized quotation.

For valuations for “Mortgage Guarantee” purposes, the methodology for calculating the value of the property will be that contained in Order ECO/805/2003 and the reports will be prepared on the basis of a visit to the property, in which the characteristics of the property will be verified, and it will be analyzed whether the property complies with the determinations contained in the municipal plan or whether it has any other restriction derived from any public protection regime.

For other purposes, the most appropriate valuation standards will be used for each purpose.

The valuation will be made taking into account, among other things, the location of the property, the surroundings or the services close to the property. For a correct valuation, a photographic report of the property may be made.

In the case of mortgage guarantees, the reports will consist of a certificate and an Appraisal Report and will be prepared in accordance with the provisions of Eco Order 805/2013 on Valuation Standards. If the necessary documents are not available to carry out the valuation of the property, or if it is not possible to verify certain characteristics relevant to the valuation of the property, these circumstances may be conditioned or noted in the report under the terms set forth in articles 10 and 11 of Eco Order 805/2003.

It must be taken into account that the services are provided to the client as the end user of the same, being strictly forbidden the resale or commercialization of the Service, as well as the transfer of the contract without the express authorization of Instituto de Valoraciones.

PERSONAL DATA:

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

CORRECTION OF DATA ENTRY ERRORS:

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.

SERVICE CONTRACTING PROCEDURE:

We indicate below the characteristics and the contracting process of the services offered:

– Purchase of the service through the website:

The purchase of the service will be initiated by filling in the electronic application form, in which the type of property and the purpose of the appraisal must be filled in. Afterwards, and depending on the value range of the property to be considered, the appropriate rate will be provided.

To complete the purchase process you will need to provide the following information: name, surname, telephone number, e-mail address and province of the property to be appraised. Please read our Privacy Policy, our General Terms and Conditions of Sale and our Terms and Conditions of Website Use below and, if you agree, check the appropriate boxes. You will be able to read both texts before contracting.

Once these steps have been completed, you will be informed of all the details of the contract, including the order number. Please note that this information is provided for reference purposes only and in no way constitutes a confirmation by THE COMPANY of acceptance of the order. Afterwards, access to the payment platform will be sent to the e-mail address provided, where the payment for the service must be made, in accordance with the provisions of section 8 of this document. The service will not be considered contracted until payment is made. A copy of the budget prepared in electronic format shall also be attached.

All this means making an offer to contract the services selected on the platform in accordance with these terms and conditions. THE COMPANY reserves the right to accept such offer at its sole discretion, and may accept it only in part, and if it does not do so for any reason, THE COMPANY will attempt to contact you by email, telephone or mail and will refund any amount it may have given you.

– Confirmation of the contracting of the service:

Once the payment has been made through the offered platform, the service will be understood to be contracted for all purposes, confirming the acquisition of the same by sending an email to the email address provided in which the data previously entered in the purchase form, the order number and the price paid will be detailed. This confirmation will be considered effective from the date the confirmation e-mail is sent.

– Follow-up on the status of service contracting:

Once the appraisal order has been launched, you will receive an access to our IV FORCE management tool at the e-mail address provided in the contracting form, so that you can monitor the status of your order. Access will be through your e-mail address and an automatically generated password that you will have to modify at your choice.

– Time period for the issuance of the appraisal report:

Once the technician’s visit has been made, if required, and within a maximum period of approximately 72 hours (excluding Saturdays and holidays), the appraisal report requested in PDF format will be automatically sent through IV FORCE in the DOCUMENTATION section. This term applies to residential properties, the rest of the typologies being subject to the agreement with the client. This delivery period does not include in any case incidents beyond INSTITUTO DE VALORACIONES S.A.’s control that may occur during the process, such as urban planning consultations, impossibility to visit the property, lack of documentation by the client, among others.

DOCUMENTATION TO BE PROVIDED FOR THE CORRECT RENDERING OF THE SERVICE:

DOCUMENTATION REQUIRED FOR MORTGAGE GUARANTEE PURPOSE

1.1. Registration certificate accrediting the ownership and encumbrances of the property, as well as its complete description, issued within the three months prior to the valuation date. It may be replaced by one of these options:

– Copy of Nota Simple Registral, issued within the three months prior to the date of the appraisal, containing at least the ownership and complete description of the property, including the real rights and limitations to the domain. If requested by the client, Valum | Instituto de Valoraciones can process the request to the Land Registry at a cost of 15€ + VAT.

– Photocopy of the Land Registry Book

– Photocopy of the Property Deed – Telematic Document issued by the Land Registry.

1.2. Cadastral documentation cadastral descriptive and graphic information of the property, issued within the three months prior to the date of valuation.

1.3. Dimensioned and to scale plans of the floors that make up the property. In the case of properties with a surface area of more than 300 m²c, the client will provide dimensioned and scaled plans of the floors that make up the building(s). Likewise, the survey of the same could be budgeted (by means of plans appropriate to the purpose of the report) independently, after informing the client of this circumstance and indicating the convenience or not of its realization according to the purpose of the valuation.

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

If the property is rented, the lease contract as well as the last three payment receipts of each of the contracts.

PRICE, PAYMENT METHODS AND INVOICING:

-PPrice:

All prices are in EUROS. The prices will be those published on the Web Site at the time the order was placed.

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

Prices may change at any time, but any changes will not affect orders for which we have already sent you a Confirmation of Service Agreement.

The fee is calculated based on the value of the property. When choosing this value, try to get as close as possible to the real value of the property. If after the issuance of the report it is confirmed that the value exceeds the value declared by the applicant, IV may increase the price proportionally to the deviation after prior communication and consent of the client.

If the visit of the appraisal technician is scheduled and confirmed with the appraisal applicant and finally cannot take place due to reasons beyond the control of INSTITUTO DE VALORACIONES, an additional 20% payment will be claimed to cover the second visit of the appraiser.

-Methods of payment:

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

	You can pay using Visa or MasterCard debit or credit cards.
	The Web Site has an SSL (Secure Socket Layer) certificate which ensures that any data entered on the Web Site will travel in encrypted form.
	Your credit card information is sent directly to the corresponding payment gateway for payment settlement with your bank.
	No one in THE COMPANY can have access to your credit card information, neither during the payment nor afterwards.
	The charge will be made at the time of sending the card data of the payment form. You will receive a charge from THE COMPANY on your bank statement. If your bank authorizes payment by credit card, we will process the order for you.
	In the event that the payment platform will report the denial of the card, the order will be automatically canceled, informing online and at the time of cancellation of the operation.
	As a user of the website you are responsible for the transactions you make by card or other means of telematic payment. Your authorization confirms that the payment numbers and details are correct, that the card and account are not reported as lost or stolen, and that the funds are available at the time of payment.
	The commitment you make when you authorize payment by credit or debit card is irrevocable. It is possible to object to the payment only in the case of proof of loss, theft or fraudulent use of the credit card.

c. Billing

It expressly authorizes THE COMPANY to issue the invoice in electronic format; the same shall be deposited in IV FORCE in the documentation section and shall be sent in Spanish. You may, however, inform us at any time of your wish to receive a paper invoice. To do so, you should send an e-mail to the following address: info@valumre.com, in which you will have to provide the data entered at the time of contracting the service, and indicate your interest in receiving the invoice in paper format. Once this step is completed, we will issue and send the invoice in this format.

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

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

LEGAL RIGHT OF WITHDRAWAL:

Pursuant to Royal Legislative Decree 1/2007, of November 16, 2007, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, “Royal Decree 1/2007“), the Company is subject to the following provisions”In the event that you are a consumer, as defined in the aforementioned regulation, you will have the right to withdraw from the sale within 14 calendar days from the date of conclusion of the purchase contract without having to justify your decision and without penalty of any kind.

To do so, you must notify your decision to withdraw from the purchase contract by means of an unequivocal statement sent by e-mail to the address info@valumre.com or by post to the address Avd. Europa, 34, D-2º, 28023, Madrid, stating your contact details, the order reference, delivery date and a photocopy of your DNI/NIF. For this purpose, you may use the model withdrawal form included on the last page of this document.

In order to comply with the withdrawal period, it is sufficient that the communication regarding the exercise of the aforementioned right is sent before the expiration of the corresponding period.

However, if once If the right of withdrawal is requested in the terms and period referred to in the preceding paragraphs, the total amount to be returned will be deducted from the amount proportional to the part of the service that, if applicable, has already been provided or the cost of the steps that, if applicable, have already been carried out. The proportional amount to be paid shall be calculated on the basis of the total price agreed in the contract.

In case of withdrawal in accordance with this Clause, THE COMPANY will refund all payments received in connection with the purchase of the service subject to withdrawal, no later than 14 days after the day on which THE COMPANY receives the above mentioned communication.

THE COMPANY may make such reimbursement using the same means of payment that would have been used for the initial purchase transaction unless another means of payment is expressly agreed.

CUSTOMER SERVICE:

In any case, for any incident or complaint you may send an email to atencioncliente@valumre.com, contact by mail to the registered office of THE COMPANY indicated in this document, or by telephone. You can also do it through our online form or directly in our offices.

Regardless of the method chosen, for complaints or claims, you must provide at least the following information:

Name and surname of the person concerned
Address of the interested party
TAX ID
Reason for the incident or complaint
Appraisal reference or related property
Place, date and signature and, if applicable, documentary evidence

As a consumer you can request complaint forms at the registered office of THE COMPANY.

RESPONSIBILITY OF THE COMPANY:

THE COMPANY is not responsible for (i) those losses that were not attributable to any breach on its part, (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 contract for the purchase of the services was formalized.

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

In addition, our liability in connection with any service purchased on our website shall be strictly limited to the purchase price of such service.

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 the contracted services in accordance with clause 9.

WRITTEN COMMUNICATIONS:

Applicable regulations require that some of the information or communications we send you be in writing. By using this Web Site, you agree that most of such communications with THE COMPANY will be electronic. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that THE COMPANY sends you electronically comply with the legal requirements of being in writing. This condition shall not affect your statutory rights.

NOTIFICATIONS:

The notifications you send to THE COMPANY should preferably be sent through our e-mail atencioncliente@valumre.com. Pursuant to the provisions of clause 12 above and unless otherwise stipulated, THE COMPANY may send communications to you either by e-mail or to the postal address provided by you at the time of purchase.

Notices shall be deemed to have been received and properly made 24 hours after an e-mail has been sent, or 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 duly delivered at the post office or in a mailbox and, in the case of an e-mail, that it was sent to the e-mail address you specified when you made the purchase.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS:

In case of purchase through this Website, these GCS are binding both for you and for THE COMPANY, as well as for their respective successors, assigns and successors in title.

You may not convey, 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 THE COMPANY.

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 consumer online dispute resolution amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, consumers have at their disposal a Online Dispute Resolution Platform, which you can access from the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=ES

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.

FORCE MAJEURE:

Neither you nor THE COMPANY 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.

APPLICABLE LAW AND JURISDICTION:

The contract for the purchase of services 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 agreement shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

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.

MODEL WITHDRAWAL FORM

To the attention of:

INSTITUTO DE VALORACIONES S.A.

TAX IDENTIFICATION NUMBER: A-85872646

Telephone: 917 15 94 46

E-mail:
info@valumre.com

Owner of the following e-commerce website: www.valumre.com

I hereby inform you of my desire to DISCONTINUE our contract of sale of the following goods and products:

Type and characteristics of the contracted service including the order or reference number:

………………………………………………………………………………………………………………………………

Date on which the purchase of the service was made: …………………………………………

Name of the consumer and user: