INFORMATION ABOUT US
propertycosta.com is a site operated by Property Costa.
Terms and Conditions of Sale
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (“services”) listed in the Online section at our website (“Our Site”) to you.
Please read these terms and conditions carefully before ordering any services and services from us. You should understand that by ordering any of our services and services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
By placing an order for services you are deemed to accept these terms and conditions. If you refuse to accept these terms and conditions, you will not be able to use any services on Our Site.
1 Information about us
1.1 propertycosta.com is a web site operated by Property Costa (“We”, “Us”, “Our”).
1.2 Our office address is:
2 Our Site
2.1 Our Site is a place for you to view details on our services. Our Site describes these in more detail.
2.2 Please note that Our Site is available only to individuals that can form legally binding contracts under applicable law.
2.3 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
3 Your information
5 Written communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using Our Site, you accept that communication with Us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
6.1 All notices given by you to Us must be given to:
email to yolanda at propertycosta.com
6.2 We will give notice to you at the e-mail address you provide to us when using our services.
6.3 Notice will be deemed received and properly served immediately when posted on Our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
7 Transfer of rights and obligations
7.1 The contract between you and Us is binding on you and Us and on our respective successors and assignees.
7.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Our prior written consent.
7.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of a Contract.
8 Events outside our control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside our reasonable control (a Force Majeure Event).
8.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
8.2.1 strikes, lock-outs or other industrial action;
8.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
8.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
8.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
8.2.5 impossibility of the use of public or private telecommunications networks; and
8.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
8.2.7 Where delays are caused by postal services outside of Spain, we will only consider and item ‘lost in the post’ after a 20 working day period from the date of shipment.
8.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
9.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
9.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
9.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 16 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11 Entire agreement
11.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
11.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
11.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other parties only remedy shall be for breach of contract as provided in these terms and conditions.
12 Our right to vary these terms and conditions
12.1 We have the right to revise and amend these terms and conditions from time to time.
12.2 You will be subject to the policies and terms and conditions in force at the time that you order services from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify Us to the contrary within seven working days of receipt by you of the services).
13 Law and jurisdiction
Contracts for the purchase of services through our site will be governed by Spanish law. Any dispute arising from or related to such Contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.