General Sales Conditions

1.      IDENTIFICATION OF THE RESPONSIBLE FOR THE WEBSITE:

This website https://batmetrix.com/ (hereinafter, “Website“) is operated by:

This document establishes the terms and conditions governing the purchase through the Website owned by COACHING DE VENTAS S.L. (hereinafter, “THE COMPANY”), of the products and services offered therein (hereinafter, the “General Conditions of Sale” or “GCS”).

2.      ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE:

By placing an order 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 placing an order on behalf of a legal entity, you declare that you have sufficient capacity to represent said legal entity and to accept these GCS.

Also, from the moment you place the order, after checking the boxes provided in the purchase form, you accept and agree to comply with these GCS. The present GCS replace any other previous conditions reflected in any other document.

Consequently, please read these GCS carefully before placing an order through the Website.

THE COMPANY has the right to revise and modify these T&Cs at any time and without prior notice. However, such changes will not have any effect on orders processed and shipped prior to the corresponding modification.

3.      PERSONAL DATA:

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

4.      CORRECTION OF DATA ENTRY ERRORS:

The information or personal data provided during registration on the Website, or during the purchase procedure, may be corrected through your customer profile at any time. In the event that the payment has already been made and it is necessary to modify some data, please contact our Customer Service.

5.      PURCHASING PROCESS:

The purchase process will be carried out in Spanish, English, French, Italian or German, depending on your choice, and consists of several steps which are summarized below:

a.       First purchase and registration:

To make the purchase, it will be necessary that you provide, among others, your name and surname or company name, e-mail, which must be true and accurate in all cases.

In order to complete the purchase and the automatic registration, it will be necessary for you to read and accept our “Privacy Policy” and our “Terms and Conditions of Use of the Web Site”. When you register you will have a user name and you will have to generate a password (the “Credentials“) to be able to access your personal account on the Web Site. You can change your details at any time by logging into your account.

b.      Successive purchases:

To make the purchase you just have to choose the product you want from those offered on the web, and once selected, you will be redirected to the Finalize Purchase page.

c.       Formalization of the purchase:

Once you have selected the chosen product, you will be redirected to the checkout page, where you will be able to view the added product. The second step to complete the order will be to enter your personal data in the purchase form to confirm the subscription and invoicing of the products. For this purpose, you will need to provide, among others, your name or company name, address, telephone number or e-mail address, which must be true and accurate in all cases.

Once you have entered all the data in the purchase or registration form, selected the desired payment method and checked that the products added are correct, it will be necessary for you to read and accept our Privacy Policy, our Terms and Conditions of Use of the Website and these General Terms and Conditions of Sale.

At the time of payment, you will be informed of all order details (including an order number [the “Order No.”]). Please note that the Order No. is provided for reference purposes only and in no way constitutes confirmation by THE COMPANY of acceptance of the order.

d.      Order Confirmation:

In the event that THE COMPANY accepts your order and after having verified the availability of the product ordered, as well as the payment made, it will notify you by sending an order confirmation (the “Order Confirmation”). Such Order Confirmation will be sent by e-mail and will be effective as of the date of shipment.

6.      PRICE, PAYMENT METHODS AND INVOICING:

a.       Price:

All prices are in EUROS. The prices will be those published on the Website at the time you place your order.

All prices include Value Added Tax (VAT) 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 an Order Confirmation.

b.      Payment Methods:

THE COMPANY accepts the following methods of payment through the Website:

c.       Billing:

You expressly authorize THE COMPANY to issue the invoice in electronic format, it will be sent to the email address you have indicated when registering on our website or during the purchase procedure and will be sent in Spanish or English, according to your choice. However, you may at any time inform us of your wish to receive an invoice in paper format, in which case we will issue and send the invoice in this format.

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

7.      LEGAL GUARANTEE:

As a consumer you have the right to be protected for a period of time against existing defects or lack of conformity with the products:

This mandatory warranty implies a series of rights that you can exercise:

·         Repair and replacement:

If the product is defective or does not conform to the one you purchased, you may choose between repair or replacement, provided that one of these two options is not objectively impossible or disproportionate.

·         Price reduction and termination of the contract:

8.      LEGAL RIGHT OF WITHDRAWAL:

In accordance with Royal Legislative Decree 1/2007 of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, “Royal Decree 1/2007“), if you are a consumer, as defined in the aforementioned law, you have the right to withdraw from the purchase of the service within 14 calendar days from the conclusion of the contract, without having to justify your decision and without penalty of any kind.

However, according to the aforementioned regulation and in accordance with article 103. m), the services offered through the application are framed in the following exception:

Likewise, you will be informed of this fact when you proceed to pay for the specific service.

9.      CUSTOMER SERVICE:

In any case, for any incident or complaint you can send an email to the address info@batmetrix.com. As a consumer you can request complaint forms at the registered office of THE COMPANY.

10.  RESPONSIBILITY OF THE COMPANY:

THE COMPANY shall not be liable for (i) those losses that were not attributable to any breach by you, (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 products was entered into.

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

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 products in accordance with clause 8.

11.  WRITTEN COMMUNICATIONS:

Applicable law requires 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 to you electronically comply with the legal requirement that they be in writing. This condition will not affect your statutory rights.

12.  NOTIFICATIONS:

The notifications you send to THE COMPANY should preferably be sent through our email info@batmetrix.com. Pursuant to the provisions of clause 11 above and unless otherwise stipulated, THE COMPANY may send communications to you either by e-mail or to the postal address provided by you when placing an order.

Notices shall be deemed to have been received and to have been properly made 24 hours after an e-mail has been sent, or 3 days after the postmark date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly 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 placing the order.

13.  ASSIGNMENT OF RIGHTS AND OBLIGATIONS:

In the event of a purchase through this Website, these T&Cs are binding on both you and THE COMPANY, as well as their respective successors, assigns and successors in title.

You may not transfer, 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.

14.  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 Online Dispute Resolution in Consumer Matters amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, consumers have an Online Dispute Resolution Platform, which they can access from the following link:

Through this link, users of the Website may access the European Platform for Online Dispute Resolution. In the event that you have had a problem with a purchase or the provision of an online service, you may use this means to submit any claim in connection with such purchase or provision of services, as well as to opt for out-of-court settlement of the dispute.

15.  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.

16.  FORCE MAJEURE:

Neither you nor THE COMPANY shall be liable for breach of these T&Cs as a result of force majeure beyond your control. Force majeure shall mean any act, event, failure to exercise, omission or accident beyond reasonable control, and in particular 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.

17.  APPLICABLE LAW AND JURISDICTION:

The contract for the purchase of products 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 contract shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals, being competent the court or tribunal that corresponds according to current regulations.

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.