Terms and Conditions
Summary
To access our services, you declare that you are of legal age and have the sufficient legal capacity to use our services in accordance with your national law.
Accessing and browsing the Website or Application, or using its services, implies your full and express acceptance of each and every one of these General Terms and Conditions, including the Specific Terms set for certain promotions, as well as the Privacy Policy and Cookie Policy, in accordance with the applicable regulations on Personal Data Protection. We recommend that you read them carefully to understand what types of data are collected through our Website, for what purposes, and what rights you have in relation to this information.
Accessing the Website or Application constitutes the user's explicit acceptance of these General Terms and Conditions, which may be modified in whole or in part, or replaced with others, by the owner at any time without prior notice. We recommend that you review these terms regularly to check for any changes, which will be published in this section.
In compliance with Law 34/2002 of July 11 on Information Society Services and Electronic Commerce, the identifying information of the holder of the Website is:
Velari StudiosRaúl Ocaña AlcaideAv. Mar del Sur 1111312, San Roque, Spain
For any questions or inquiries, you can contact us via email at contacto@velari-studios.com.
General Terms and Conditions
The following General Terms and Conditions govern the use and access to the Website and Application, aimed at establishing guidelines for their proper use and behavior. Velari Studios provides users with information about the use, services, and content available on the Website or Application. Through this platform, users can access information regarding specific products and services, tools, and applications.
The data and information about products or services, pricing, characteristics, or other relevant data provided through the Website or Application are sourced, supplied, and updated by providers and third parties. Velari Studios is not responsible for such data and information and assumes no obligations regarding them.
Users agree to make proper use of the accessible content, services, applications, and tools, in accordance with the law and these General Terms and Conditions of Use, as well as any Specific Terms that may be established for accessing certain services and applications, while respecting other users at all times.
In the event of total and/or partial non-compliance by the user with these General Terms and Conditions of Use, Velari Studios reserves the right to deny access to the Website or Application without prior notice to the user.
Purchase Terms and Conditions
Description
Velari Studios, through these Purchase Terms and Conditions, offers its users and visitors the opportunity to purchase the products and services offered online, as well as to communicate with the user.
Velari Studios will conduct its activities as a virtual service provider through the website velari-studios.com. This online platform offers a range of products and services, listed as follows:
- Software consultancy and development services
- Software maintenance services
The sale of products and services within the above business lines is governed by the following Purchase Terms and Conditions.
Velari Studios may alter, at any time and without prior notice, the design, presentation, and/or configuration of the Website or Application, as well as some or all of its services.
Acceptance of Purchase Terms and Conditions
Access to and use of the services offered by Velari Studios imply the usuario's full and unconditional acceptance of all terms contained in these Purchase Terms and Conditions. Additionally, Velari Studios reserves the unilateral right to modify these Purchase Terms and Conditions at any time.
Every order placed with Velari Studios entails, as an essential and binding condition, the customer's unconditional acceptance of the Purchase Terms and Conditions applicable to its products on the date of the respective order. Furthermore, the customer acknowledges that acceptance of these Purchase Terms and Conditions will apply to the order in question as well as to any subsequent orders, except in cases where Velari Studios communicates new conditions to the customer.
The fact that Velari Studios may choose not to enforce any of these conditions at a given time should not be interpreted as, nor does it constitute, a waiver of its right to enforce them in the past or future.
Products
Velari Studios provides a virtual section and pricing page where the products and services offered are displayed, grouped by purchase category.
The products and services offered by Velari Studios are organized into the following categories:
- Software consultancy and development services (one-time payment modality)
- Software maintenance services (one-time payment modality)
- Software maintenance services (subscription payment modality)
Once a product or service is selected, the usuario will be redirected to the secure payment page of our payment service provider (Stripe), where they will be asked for their credit or debit card information to complete payment for the selected product or service, along with billing details.
Purchase
To make a purchase, the user must register on our online platform by completing the user registration process.
During the purchase process, through our secure payment provider (Stripe), the user will need to complete the required form, providing the following details:
- Email address
- Full name (First and Last name)
- Payment information
- Billing address
Additionally, the registered usuario can choose to receive information on offers and promotions and check the status of their subscription. Their personal information will be stored in their client profile, so they will not need to re-enter it for future purchases. For more information on how personal data is processed and stored, please refer to our Privacy Policy.
Prices
The prices of products and services offered are listed in EUROS (€) and include VAT. During the purchase process, the applicable tax amount based on the current rate for each product and/or service will be itemized, along with any shipping costs, before the order confirmation.
Offers will be clearly marked and identified as such, indicating both the previous price and the promotional price.
Velari Studios reserves the right to make any changes it deems necessary at any time and without prior notice, including updating products and services daily based on market conditions.
For electronic or physical shipments/delivery to countries outside the European Union, Velari Studios will not cover any customs duties or taxes required by each destination country.
In the event of a price change, Velari Studios will notify the client via email, allowing the client to cancel the order without incurring any additional costs.
Payment methods
Velari Studios offers several payment methods to allow clients to choose the one that best suits their needs:
- Credit Card Payments: Accepts Visa, Mastercard, American Express, Discover, and other card processors that have developed secure systems for online payments. The Secure Electronic Commerce system requires the card issuer to authenticate the cardholder before authorizing online payment. Velari Studios reserves the right to reject any transaction made with a credit card. In such cases, the funds will be returned to the original card, and if the client wishes to proceed with the purchase, a bank transfer may be requested.
- Apple Pay and Google Pay: Payment via mobile devices.
For any of these payment methods, a secure connection is established with the secure payment provider via SSL, where the user must confirm the payment and enter bank or payment details specific to the selected method. This page is an external payment gateway and is not controlled by Velari Studios; thus, Velari Studios does not access or store your bank details.
Billing and Invoices
Velari Studios is obligated to issue an invoice to clients who request one. This invoice will include the description and breakdown of the amounts received for the dispatch of the requested orders.
Due payments or non-payments
In the event of a full or partial due payment/non-payment by the client by the agreed delivery date for a product or service, Velari Studios reserves the right to suspend or cancel any product or service without incurring liability for any damages or losses, including lost profits or damages due to delays or production losses experienced by the client. This right held by Velari Studios does not release the client from their contractual obligations regarding payments due and the receipt of products.
Order returns and refunds
Orders may be returned within 14 days from the purchase date by contacting Velari Studios via email at support@velari-studios.com.
Valid reasons for product returns include:
- The product does not meet the characteristics displayed in its listing on our website. In this case, the product's cost, minus shipping fees, will be refunded. This refund will be processed to the payment method originally used.
- The product is defective upon arrival. In this case, the item will be exchanged for an identical one upon receiving the returned product. Velari Studios will cover the return shipping costs as well as the costs for resending the item.
Once it is verified that the item meets the required return conditions, we will proceed with the refund using the same payment method originally used.
Cancellation
Users who wish to cancel or halting any of the subscription-based services contracted online may do so at any time without needing to provide justification via the Website or Application. The cancellation must be completed before the next billing cycle. If the user has paid for the service and has not canceled/halted it, Velari Studios will not issue a refund for the amount paid.
Right of Withdrawal and Services Not Subject to the Right of Withdrawal
The provisions of paragraph m) of Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, shall apply.
The right of withdrawal does not apply to contracts relating to:
m) The supply of digital content not provided on a tangible medium when the performance has begun, and if the contract imposes a payment obligation on the consumer or user, when the following conditions are met:
- The consumer or user has given prior consent to begin execution during the withdrawal period.
- The consumer or user has expressed their awareness that, as a result, they lose their right of withdrawal; and
- The business has provided confirmation in accordance with Article 98.7 or Article 99.2.
Warranty
All products come with a two-year warranty from the date of delivery, although this does not cover deficiencies caused by negligence, impacts, improper use, or misuse. Additionally, the warranty will be void without a proof of purchase.
Unless proven otherwise, any lack of conformity that manifests within six months of the product's delivery is presumed to have existed at the time of delivery, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
The warranty will be void under the following circumstances:
- Improper use.
- Fault or negligence on the part of the client or a third party.
- Damage resulting from force majeure.
Client liabilities
The client agrees to use the services legally, without violating current legislation or infringing upon the rights and interests of third parties.
The client guarantees the truthfulness and accuracy of the information provided when completing the registration forms, avoiding any harm to Velari Studios due to inaccuracies.
Failure to comply with any of these general conditions of contracting may result in the cancellation or annulment of orders by Velari Studios without prior notice to the client and without entitling the client to any compensation.
Technical Support and Customer Service
If you encounter any issues, please contact us for assistance at the following email address: support@velari-studios.com.
Notifications
All notifications, requests, inquiries, and other communications that the parties must make in relation to these Terms and Conditions of Purchase must be made in writing and will be considered duly sent by regular mail to the other party's address or email.
Specifically, for Velari Studios, notifications should be sent to the postal address: Av. Mar del Sur 11, San Roque, 11312 Spain, or to the email address support@velari-studios.com.
Nullity and Ineffectiveness of Clauses
If any clause included in these specific contracting conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will only affect that provision or the part of it that is null or ineffective, while the remaining Terms and Conditions of Purchase will remain in effect. Consequently, the clause declared null or ineffective, in whole or in part, will be deemed not to have been included.
General User Obligations
By accepting these General Terms and Conditions, the user expressly agrees to:
- Not engage in actions intended to harm, block, damage, disable, or overload the functionalities, tools, content, and/or infrastructure of the Website or Application, in such a way that it impedes their normal use.
- Safeguard and maintain the confidentiality of the access credentials associated with your username, being responsible for the use of such personal and non-transferable access credentials by third parties.
- Not to introduce or post defamatory or slanderous content regarding other users or third-party companies unrelated to Velari Studios.
- Not to use any materials and information contained in this Website or Application for illegal purposes and/or for any purposes expressly prohibited in these General Terms and Conditions, as well as any specific conditions that may be established for certain applications and/or utilities that contradict the rights and interests of Velari Studios, its users, and/or third parties.
- Not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service, use of the service, or access to the service, or any contact on the Website or Application through which the service is provided, without explicit written permission.
- Not to remove, hide, or manipulate notices regarding intellectual or industrial property rights and other identifying information regarding the rights of Velari Studios or third parties incorporated into the content, as well as technical protection devices or any information mechanisms that may be embedded in the content.
- Not to offer or distribute products and services, nor to engage in unsolicited advertising or commercial communications to other users and visitors of the Website or Application.
The user shall be liable for any damages and losses of any nature that Velari Studios or any third party may suffer as a result of the users failure to comply with any obligations imposed by these "General Conditions" or by law in relation to access and/or use of the Website or Application.
Intelectual and Industrial Property
The Website or Application, along with the pages it comprises and the information or elements contained therein (including texts, documents, photographs, drawings, and graphical representations owned by Velari Studios or for which third parties grant authorization for their use, among others), as well as logos, trademarks, trade names, and other distinctive signs, are protected by intellectual and/or industrial property rights, of which Velari Studios is the owner or holds authorization for their use and public communication from the legitimate rights holders.
The user agrees to use the content diligently and correctly, in accordance with the law, morals, and public order. Velari Studios grants the user permission to view the information contained in this Website or Application, as well as to make private reproductions (simply downloading and storing it on their computer systems), provided that the elements are intended solely for personal use. In no case shall this imply authorization or subscription to the rights of Velari Studios or those of the legitimate rights holders.
The user is not authorized to distribute, modify, transfer, or publicly communicate the information contained in this Website or Application in any form and for any purpose.
External links
Connections and links to third-party websites or pages have been established solely for the user's convenience. Velari Studios is not, under any circumstances, responsible for these links or their content.
Velari Studios assumes no liability arising from the existence of links between the content of this site and content located outside of it, or from any other references to external content. Such links or references are provided for informational purposes only and do not imply endorsement, approval, commercialization, or any relationship between Velari Studios and the individuals or entities responsible for such content or the owners of the sites where they are located.
To create links to the Website or Application, explicit written permission from the owners of the Website or Application is required.
Service liabilities
Velari Studios does not guarantee uninterrupted access or proper viewing, downloading, or usefulness of the elements and information contained on the pages of the Website or Application, as these may be hindered, obstructed, or interrupted by factors or circumstances beyond its control or will, including those caused by the presence of computer viruses on the Internet.
Velari Studios accepts no liability for any damages, losses, claims, or expenses arising from:
- Interferences, interruptions, failures, omissions, delays, blockages, or disconnections caused by errors in telecommunications lines and networks or by any other factors beyond the control of Velari Studios.
- Safeguarding and maintaining the confidentiality of the access credentials associated with your username, being responsible for the use of these personal and non-transferable access credentials by third parties.
- Unauthorized intrusions using malicious software of any kind and through any communication medium, such as computer viruses or others.
- Security or navigation errors resulting from a malfunction of the browser or the use of outdated versions.
- Improper or inappropriate use of the Velari Studios Website or Application.
Velari Studios is not responsible and shall not be liable under any circumstances to users or third parties for the actions of any third party unrelated to Velari Studios that may involve or lead to acts of unfair competition, illegal advertising, or the infringement of intellectual and industrial property rights, trade secrets, contractual obligations of any kind, as well as rights to honor, personal and family privacy, and image rights, or any other rights belonging to a third party arising from the transmission, dissemination, storage, provision, receipt, obtaining, or access to the content.
General Data Protection
You will find the entire personal data processing policy in the Privacy Policy, which is an integral part of these General Conditions but has been provided in a separate Privacy Policy page.
Legislation
This Legal Notice and its terms and conditions shall be governed and interpreted in accordance with Spanish Law. By accessing the Website or Application or obtaining registered user status, the user irrevocably consents to the default competent courts having jurisdiction over any legal action arising from or related to these conditions or the use of this Site or navigation through it.
If any clause or section of these Terms and Conditions, which is not essential to their existence, is declared null or unenforceable, the validity of the remaining clauses shall not be affected.