Legal Notice

Introduction:

These conditions establish the terms governing the use of the website (www. campaign.clikalia.com/clikalia-studio/) (hereinafter, the Page) and the contracting of the services of Clikalia Studio, provided by the company CLICPISO REAL ESTATE III S.L.U., NIF B88301338, address at Calle Álvarez de Baena 2, 28006, Madrid, registered in the Mercantile Registry of Madrid, volume 38736, folio 81, page M-688742 (hereinafter "Clikalia"), part of the CLIKALIA GROUP.

Please read carefully the legal notice and the terms and conditions of service to be informed of the rights and obligations of users of the service offered by this means. The validity of these terms and conditions will be recognized in a binding way by the user at the moment he/she decides to enjoy the service.

These general conditions of use (hereinafter referred to as "Terms and Conditions") apply when using the services of our website. The use of our services implies the acceptance of these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time without notice.

 

Right of use:

Users have the right to display their personalized data on their own screen, as well as to print them. However, such data may not be used for commercial purposes, for the creation of a database or for industrial use.

Measures aimed at interrupting or hindering the functioning of this website are prohibited. Furthermore, it is not possible to extract or reuse our offer without written permission. No data mining and data collection programs may be used without our permission. Integration or linking to our service is not permitted without our express consent. The right to use the service and its functions is only possible within the framework of the current state of technology.

The presentation and operation of the service may vary depending on the type of access, e.g. via the internet or mobile applications. The right to use the service and its functions is only possible within the framework of the current state of technology.

 

Severability clause:

If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected. This provision may be replaced by more valid and operative provisions that come as close as possible to the intended economic purpose.

 

SPECIFIC CONDITIONS FOR CONTRACTUAL RELATIONS WITH CLIKALIA STUDIO (CLICPISO REAL ESTATE III, SLU)

The contract shall be subject, except for specific modifications expressly agreed with the customer in the contract, to the following stipulations: 

Subject Matter and Scope of the Contract

CLIKALIA will carry out on behalf of the CUSTOMER the works stipulated in the contract signed by the parties (hereinafter "the contract") the elaboration of the project of reform and design, and accepted this the management of the execution of the work with contribution of materials.

Likewise, the object of the contract includes the reservation of a day to begin the execution of the work, when it is ordered by the CLIENT to CLIKALIA.

The renovation project and its design will include:

  • Farm and CLIENT data.
  • Project itself, including the respective design.
  • ESTIMATED start and end date of the work according to the project to be executed/ or the estimated duration of the project to be executed.
  • Budget with breakdown of items and their estimated amounts.
  • Final amount including VAT.

The following will be included only when necessary:

  • Measurements of the property
  • The plans of the property
  • The specifications

 

2. Project Phase Definitions

The phases of the project will consist of:

Initial phase, this phase will consist of two parts:

  • Phase of design and elaboration of the project: it is the phase of data collection of the property (photographs, video and measurement) and ideation in planimetry of the project according to the program of needs proposed by the CLIENT and its choice of finishes, qualities and preferences of the CLIENT.

*The project or its final design may be modified during the material execution of the work due to technical, legal, registry, urban, material, legal or necessity requirements, when such modifications or variations are necessary. In the event that the execution of the work is entrusted to CLIKALIA by the CLIENT, CLIKALIA shall inform the CLIENT of such changes.

  • Reservation of the date for the beginning of the material execution of the work. The reserved date may be modified if, for reasons beyond CLIKALIA's control, the work cannot begin or is not feasible.
  • Preparation of the budget for the renovation, always within the range of the estimated and previously stipulated quotation, budgeting the different items and elements of the work. A section relating to licenses, bureaucratic procedures, taxes and their amounts will be included, without prejudice to any additions that may be necessary during the execution of the work due to legal, registry, cadastral, urban, material or legal technical necessity or material need or provision of materials.

The first phase will take approximately 2 weeks from the next business day following the first effective payment of the contracted services.

Acceptance of the project: Once the project has been prepared, it will be sent to the CLIENT, indicating its budget, estimated start date, duration of the work and estimated day or date of delivery.

The CLIENT must expressly accept the project by signing the acceptance and order of execution of the reform.

Work phase: After acceptance by the CUSTOMER, this phase will consist of two parts:

  • Execution of the work, will proceed to the execution of the work. During the work, CLIKALIA will coordinate and supervise the correct execution of the work in relation to what is established in the project and agreed between the parties, and will also make periodic scheduled visits to the site for supervision, resolution of details in-situ and making the necessary decisions for the correct development of the execution of the work.
  • Delivery of the work (Act of reception): once the execution phase of the work has been completed, the parties will visit the work in order to hand over the work by means of the act of reception (the delivery of the work is understood to be without prejudice to the usual finishing touches, repairs or repairs that are usual in any work after its delivery during the warranty period of one year).

The CUSTOMER may not refuse to receive the work, nor delay the delivery of the same, if this occurs, the work shall be understood to be delivered and completed on the day indicated for the aforementioned visit, without prejudice to the auctions or repairs that may be necessary or appropriate according to law.

 

3. Scope

According to the project: the items included therein.

If, due to technical, urbanistic, material supply or shortage of materials, legal or any other needs of or during the execution of the work, new items should be elaborated or the foreseen ones should suppose an additional cost not foreseen for their execution, price increase of labor or materials or other contingencies, CLIKALIA is authorized to invoice them separately to the CUSTOMER, without the need of further acceptance of the latter and always to guarantee the good end of the execution of the work. When the re-invoicing exceeds 20% of the initial budget, it will require the express acceptance of the CUSTOMER, which, when requested, must be given within 24 hours (adding and adding the acceptance period to the completion and delivery of the work).

If the customer refuses acceptance or remains silent for more than 3 days, CLIKALIA may be released without any liability from the order, retaining as management and realization costs the amount already paid by the CUSTOMER.

If there is any cost that even with the previous action does not cover what has already been paid by the CUSTOMER, the CUSTOMER shall pay it to CLIKALIA at CLIKALIA's mere and simple request, regardless of the concept to which it refers, always linked to the work, contractor, or subcontractors or third parties contracted or related to or for its execution.

 

4. Price and agreed phases

For phase one called "INITIAL PHASE" the price is:

2.900€ plus VAT, being invoiced as such, and to be paid by the CUSTOMER upon signature of the contract. Until payment is received by CLIKALIA, it shall not be understood that CLIKALIA has to comply with any obligation, nor shall the term of performance of its obligations commence.

For phase two called "WORK PHASE" the price will be:

  • Considering the selection of finishes and preferences included in the accepted project, as well as the established scopes, the price of material execution of the work shall be fixed in the project budget sent to the CUSTOMER, without prejudice to the deviations authorized in accordance with CONDITION three above.
  • In the event that with respect to the project prepared and delivered by CLIKALIA, the CLIENT chooses to make changes to the same or to the items/elements included therein, they shall be paid in part, in full prior to its execution, and if applicable, the extension of the term of the execution of the work shall be reflected.

If these changes were substantial, meaning any change that involves an increase of more than 10% of the corresponding item or of the total initially budgeted, CLIKALIA, without prejudice to the duty of payment by the customer, may, if it considers that it is not appropriate or that it is excessive, not accept the request of the CUSTOMER and be released without any liability of the order, retaining as management and implementation costs already paid by the CUSTOMER.

If there is any cost that even with the previous action does not cover the amount already paid by the CUSTOMER, the CUSTOMER shall pay it to CLIKALIA at CLIKALIA's mere and simple request.

 

5. Duration of the contract and limitation of liability

CLIKALIA shall provide the services described in the contract as follows:

INITIAL PHASE: 2 weeks approximately. This period will begin on the day following the effective payment by the client of the cost of this phase.

WORK PHASE (if applicable): For the execution would be the term estimated in the Project accepted by the CLIENT. This period shall start from the day indicated in the order for the material execution of the work.

The above deadlines may be extended by:

Simple decision of CLIKALIA, if the cause that motivates the extension of the term is beyond CLIKALIA's control, or due to force majeure or fortuitous event, without the need for acceptance by the CUSTOMER, nor CLIKALIA's responsibility. If the reason for the extension becomes permanent, each party may terminate the contract after twice the initial term without liability for any party, and CLIKALIA shall have the right to retain definitively the amount already paid by the CUSTOMER.

Outside the above cases, for any reason whatsoever, at CLIKALIA's sole discretion, if the delay does not exceed 15% of the initially foreseen deadline, and without CLIKALIA's responsibility, and the CLIENT accepts this.

If the initially foreseen 15% is exceeded, the CUSTOMER will be informed, and if the cause of the extension is beyond CLIKALIA's control, it will be accepted simply and plainly within the limit of letter a) above.

If the cause is related to CLIKALIA, but not wilful or negligent, it will grant CLIKALIA an extension of the initial term for a time not exceeding half of it and will not apply liability.

If the cause is related to CLIKALIA, due to fraud or negligence, the legal responsibilities will be applied, with the limit that in no case CLIKALIA's liability may exceed the amount received from the CUSTOMER.

In all cases in which CLIKALIA's liability arises or exists, this shall in no case exceed economically what was received from the CUSTOMER, and shall never extend to loss of profit or indirect costs or expenses.

 

6. Form of Payment

The form of payment agreed between the parties shall be as follows:

At the signing of the contract, the price of the INITIAL PHASE shall be paid. Whether or not the execution of the work is accepted by the client, the amount paid will not be returned by CLIKALIA under any circumstances, unless CLIKALIA does not fulfill its obligation to prepare the project and design commissioned.

In the event that the CLIENT does not entrust the execution of the project to CLIKALIA, the total price of the contract shall be 2.900€ plus VAT payable as indicated in the previous paragraph.

If the CLIENT orders the execution of the project, the payment for the first phase is understood to be on account and an integral part of the price of the second phase. As for the method of payment for the execution of the work according to the budget accepted by the client:

  • The first payment shall be 35% of the agreed price and shall be paid by the CLIENT, on the date of acceptance and commissioning of the material execution of the project, within a period not exceeding 24 calendar hours from the date of acceptance. Until the payment is received, the work deadlines will not be computed.
  • The second payment shall be 25% of the agreed price and shall be paid by the CUSTOMER when 25% of the estimated execution period of the work has elapsed; the customer undertakes to pay it within a period not exceeding 24 calendar hours from the sending of the corresponding invoice. If the payment is not received, CLIKALIA may suspend the execution of the work, and also suspends the computation of the execution terms of the work.
  • The third payment shall be 25% of the agreed price and shall be paid by the CUSTOMER when 50% of the estimated execution period of the work has elapsed; the CUSTOMER undertakes to pay it within a period not exceeding 24 calendar hours from the sending of the corresponding invoice. If the payment is not received, CLIKALIA may suspend the execution of the work, and also suspends the computation of the execution terms of the work.
  • The fourth payment shall be 15% of the agreed price and shall be paid by the CUSTOMER, at the end of the estimated term of execution of the work, without prejudice to any subsequent repairs or repairs to the completion of the work, and the CUSTOMER undertakes to pay it within a period not exceeding 24 calendar hours from the sending of the corresponding invoice.

These payments are without prejudice to any additional payments for works, tasks, items, materials or others not included in the initial accepted estimate, or arising from modifications or changes, or increases in the estimate as indicated in the contract. These payments must be made by the customer within 24 hours of receiving the respective invoice from CLIKALIA. If payment is not received, CLIKALIA may suspend the execution of the work, and also suspend the computation of the work execution deadlines.

Delays in payments, whatever they may be, will entitle CLIKALIA to demand, in addition, interest equivalent to the legal rate + 5 percentage points, for late payment, without prejudice to any other liabilities of the CUSTOMER and the right to compensation for additional damages. Each week of delay interest will be capitalized to the principal of the debt.

The respective payments will be made by bank transfer.

 

7. Modifications

Any modification of the Agreement and its annexes shall be in writing, expressly signed by the parties, and no modification, waiver, amendment, release or modification of the Agreement shall be valid until the same is put in writing and signed by both parties.

 

8. Causes for termination of the contract

CLIKALIA and the CUSTOMER may by mutual agreement agree to terminate the contract and settle the respective assets.

Likewise, each party may terminate the contract without any liability on its part and without the need for prior judicial declaration, by simple notice delivered by one of the parties to the other, as appropriate, with immediate effect, WHEN BASED ON ESSENTIAL BREACH by the other party. It is considered essential breach among others, by the CUSTOMER

  • not to pay on time the amounts of its responsibility and charge according to the contract, not to allow the material execution of the contracted works or to carry out any act that directly or indirectly impedes these or not to collaborate for the execution of the work in good faith when required or necessary to do so by CLIKALIA.

On behalf of CLIKALIA:

Failure to comply with its obligations to execute the work according to the terms and times foreseen in the contract.

To be applicable the termination for breach provided herein, the party that applies it must grant the other party a period not exceeding one day to the CUSTOMER and 3 working days to CLIKALIA to remedy the breach and after this may apply the same according to law.

In the event of non-compliance on the part of CLIKALIA, the remedy shall be deemed to have been effected by the diligent commencement of the acts necessary for the remedy.

When the termination is based on the non-performance of any party, unless otherwise expressly agreed between the parties, the termination is without prejudice to the duty of the non-performing party to compensate the damages caused to the performing party arising from the non-performance and the payment of the respective arrears.

 

9. Data Protection and Intellectual Property.

In compliance with the provisions of the current regulations on the Protection of Personal Data, informs that the personal data contained in the Contract and those arising from the relationship, will be processed by CLICPISO REAL ESTATE III S.L.U. with NIF B88301338 with registered office at Calle Alvarez de Baena 2, Código portal 28006, Madrid, as TREATMENT MANAGER, for the following main purposes if necessary for the proper purpose and port of the operation:

  • Establishment of the contractual relationship, and previous documentary actions derived from the object of the contract.
  • Processing and management of the building permit.
  • Customer Service.
  • Sending quality surveys to improve our products and/or services as part of the continuous improvement process.
  • Sending commercial information to keep you informed about products and services that are of interest to you (unless the customer tells us otherwise through the established means (dpo@clikalia.com).

We inform you of the existence of advertising exclusion systems that aim to prevent the sending of commercial communications. The list of these systems is available at the electronic headquarters of the AEPD (https://sedeagpd.gob.es).

The basis for the processing of the data is the contractual performance, being necessary to provide such data otherwise it would not be possible to formalize such relationship, the application of the regulations in force in administrative, tax, civil, applicable to the subject of the contract. The legitimate interest for the defense of the interests of the parties in case of litigation arising from the contract. The processing of your data for the purpose of managing the quality of services or for commercial purposes may be considered to be carried out for legitimate interest.

The data will be kept as long as the relationship is maintained and their deletion is not requested and in any case in compliance with legal deadlines and statute of limitations that may apply. Any other term derived from the financial, fiscal or real estate regulations in force shall be applicable.

The data will be communicated to the following entities:

  • Bank(s) and/or insurance company(ies) to guarantee the amounts paid on account of the price and deposited in the special account, in accordance with the regulations in force.
  • Insurance brokers and insurance companies by virtue of Law 38/1999, of November 5, 1999, on Building Regulation.
  • Tax Agency and other competent state, regional and local public administrations and entities, for the purpose of carrying out the corresponding tax declarations (taxes and fees), obtaining licenses and administrative authorizations, notifying the cadastral ownership of the property as well as the domicile of the owner, also allowing the management of obligations related to the Real Estate Tax and the Tax on the Increase in the Value of Urban Land.
  • Courts and Tribunals for the management of possible incidents derived from the sale and purchase.
  • Other entities subject to legal obligation.

The responsible informs you that, for its management, makes use of information systems (Microsoft 365 Online Services), whose operators may be located in countries whose legislation is not comparable and this involves possible international data transfers.

You can consult the possible international transfers through the e-mail dpo@clikalia.com. These international transfers are necessary for the provision of the requested services.

In the event of non-payment of amounts for which you are responsible, for any amount or accumulated sum, according to the contract, your personal data may be communicated to the national or international insolvency file, as decided by Clikalia, based on the legitimate interest of fraud prevention, or any other civil or criminal offenses, such as Equifax-ASNEF/RAI/CCI/RIJ/BADEXCUG-Experian.

In case of incorporation of the customer's default data, at the request of Clikalia in a negative creditworthiness file, the customer will receive, within a maximum period of one month from the registration of the debt in the file, a communication from the owner of the file in question informing him of the incorporation of his personal data in the same, informing him about the possibility of exercising the rights provided for in Articles 15 to 22 of the General Regulation (EU) 2016/679.

In any case, Clikalia assumes no liability for the failure to perform the aforementioned communication to the debtor customer by the owner of the corresponding file.

CLIKALIA makes available to third parties an ethical channel. The data of the person making the communication and of the employees and third parties affected will be processed to assess the appropriateness of initiating an investigation into the reported facts and, if deemed appropriate, for the corresponding investigation. This information will be kept in this system for a period not exceeding THREE months. After this period, the information included in the investigations may be kept outside the channel for the time necessary to defend the interests of the owner of the channel and may be communicated to judicial bodies or law enforcement agencies, if appropriate.

Data subjects may exercise their rights of access, rectification, deletion, portability and limitation or opposition by writing to the email address of the Data Protection Officer of the RESPONSIBLE at the following email address: dpo@clikalia.com. Likewise, the interested parties have the right to complain to the Control Authority (Spanish Data Protection Agency: www.aepd.es).

The intellectual property of the result of the contract including the reform, adaptation or work carried out or merely projected is CLIKALIA's, and CLIKALIA may use the images, photographs and other elements resulting from the contract and the execution of the work, for its own purposes, including commercial or advertising purposes.

 

10. Notifications

For the purpose of receiving any notification related to the contract, emails and addresses indicated at the beginning of the contract shall be designated.

Communications shall be made in writing, preferably by electronic communication, and in case of impossibility or lack of functioning of the electronic service, by certified mail or bureaufax.

 

11. Consumer Law

The Parties declare that the contract has been mutually agreed in accordance with the applicable regulations for the defense of consumers and users, without any of its stipulations being considered as an imposition, waiver or limitation.

 

12. Jurisdiction

For the resolution of any litigious matter that may arise from the interpretation and/or fulfillment of the contract, the Courts and Tribunals of the city of Madrid shall have jurisdiction and the common Spanish regulations shall be applied.