Conditions of contract Condition Survey

Details of the service and identification of TINSA TASACIONES INMOBILIARIAS, S.A.U. and the subcontractor INSPECTORES INMOBILIARIOS, S.L.

The issuance of online Real Estate Condition Survey Reports is a service that consists of the Condition Survey of a Property located in the Autonomous Community of Madrid by specialized architects in order to analyze if the referred Property has any defect, any element in bad condition or any hidden defect. The result of the inspection is detailed in a report where the conclusions of the same one are gathered.

The service offered on its website, Tinsa Tasaciones Inmobiliarias, S.A.U., will be provided by its subcontractor, INSPECTORES INMOBILIARIOS, S.L., with Tax ID number B-13787007 and registered address at Paseo de la Castellana , Madrid (hereinafter, REVICASA), with the details of Tinsa Tasaciones Inmobiliarias, S.A.U. ("Tinsa") being as follows:

• VAT ID: A-78029774
• Registration Data: Registered in the Mercantile Registry of Madrid, Volume 629, section 3, nº 66378-1, General Book 611, page nº 66378-1.
• Address: Calle José Echegaray, 9 - Parque Empresarial de las Rozas, 28232 Las Rozas (Madrid).
• Contact: info@tinsa.com or 91 372 75 00

The contracting of the online Real Estate Condition Survey Service offered through the web site www.tinsa.com requires the acceptance of the Contracting Conditions contained in this document, which the Client acknowledges having read prior to the formalization of the contract by electronic means.

These contracting conditions may be updated and/or modified whenever Tinsa deems appropriate. If the updating and/or modification of the same should lead to variations in the contractual relationship with the Client, Tinsa shall maintain the contracting conditions in force at the time of formalizing the contract.

2. Customer Definition

For the purposes of these general conditions, a Client is considered to be a natural or legal person, with the capacity to contract according to the legislation applicable to them in accordance with their nationality, who registers through the form provided for this purpose and requests the provision of services.

The provision of personal data and the purchase of products through our portal requires to be of legal age, according to Spanish law, and to have the necessary legal capacity to contract by itself the services offered on this Web Site.

The services are provided to the client in its condition of recipient or 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 "Tinsa" and/or REVICASA, to whom belong all the intellectual property rights of the same.

3. Service Definition

Tinsa offers its clients the possibility of contracting a Real Estate Condition Survey by the REVICASA entity and contracting it through the Tinsa website, with Tinsa managing the contracting, payment and delivery of the report, and REVICASA being responsible for the management of the execution of the assignment, the completion of the report and the solution of any incident related to the same.

The services are provided to the client in its condition of recipient or end user of the same, being strictly prohibited the resale or marketing of the Service, as well as the assignment of the contract without the express authorization of Tinsa.

The characteristics of the services offered, development methodology, scope of the service and responsibility for the work are set out in the present policy or in the specific offer of services that Tinsa and/or REVICASA, as the case may be, prepare and are included in the Report issued at the request of the Client.

The Real Estate Condition Survey Reports include, among other possible elements, the review of the following elements:

1. General condition of the exterior areas of the Property. Includes the thermal insulation of the facade and the building's entrance.
2. General condition of the electrical installation. 
3. General condition of the plumbing installation. It is inspected from the water meter, if the general stopcocks are operative or if they exist at least... and the materials used, also in this section we include the state of all the drains of the house.
4. General condition of the heating installation. Heating, condition of radiators, boiler and smoke outlets.
5. General condition of the Property structure. Cracks and possible structural damage.
6. General condition of the Propertys ventilation and windows. 
7. General condition of the kitchen. 
8. General condition of the bathrooms. 
9. General condition of the bedrooms and other rooms. 

Likewise, the services offered by REVICASA will include, if applicable, a telephone consultation with a technician for a maximum of ten (10) minutes.

4. Scope of the Condition Survey Report :

Condition Survey Reports are completely autonomous, independent, and distinct from the other services provided by Tinsa Tasaciones Inmobiliarias, S.A.U. Their execution is subcontracted to a company outside the Tinsa Group of companies, which specializes in carrying them out: INSPECTORES INMOBILIARIOS, S.L., with Tax ID Number B-13787007 and registered address at Paseo de la Castellana , Madrid (REVICASA), and are not subject to the parameters established in Order ECO/805/2003, of March 27, on rules for the valuation of real estate and certain rights for specific financial purposes.

Therefore, any Condition Survey Real Estate Report may differ significantly with respect to real estate appraisals carried out according to such parameters and cannot be considered, nor used, in any way as guidelines regarding the value of the inspected properties.

5. Report Use and Responsibility

Tinsa has subcontracted to REVICASA the elaboration of the Real Estate Condition Survey Reports, therefore, as a consequence, REVICASA and not Tinsa will be the entity responsible for the execution, content and delivery of the Real Estate Inspection Reports.

The Condition Survey Reports can only be used by the client for the purpose for which they were requested. REVICASA shall not be liable to the customer for damages caused by the use of the Inspection Report for a different purpose than the one stated in the same Report.

6. Form of Payment

Tinsa has two electronic payment systems available, either using the Santander bank payment platform Santander using PayPal services.

Purchases can be paid by credit/debit card Visa, Mastercard and Paypal system.

Your card data and password are protected by the Issuer's security system from the moment they are entered.

The user of the website is responsible for transactions made by card or other means of telematic payment. By your authorization you confirm that the payment numbers and details are correct, that neither the card nor the account is reported as lost or stolen, and that the funds are available at the time of payment.

The payment of the fees determined on the website for the different services offered does not give the Client any other type of right than the one determined in the present general contracting conditions or in the particular conditions of each of the services offered.

Through Santander Bank

Once you have selected the payment method offered by the Santander bank payment platform, our platform will redirect you to the Santander bank payment window, and this entity will be responsible for any incidents that may arise with it. The payment screen will show you the amount to be paid for the service contracted and will require you to provide the following information:

1. Number of the card with which payment is to be made
2. Expiration date
3. Security code
4. Cardholder's name

Once entered, you may choose to continue with the purchase process by clicking on the "Pay now" option.

After clicking on the "Pay now" option, the service will be understood to be contracted.

Paypal

Once you select the payment method offered by the Paypoal platform, our platform will send you to the payment window owned by Paypal, being the responsibility of this entity any incident that may arise with it, the payment screen will show the amount to be paid, as well as the choice of payment if you are a registered user of Paypal or not. You will be able to pay for the service using the funds you have in your Paypal account or by credit/debit card Visa, Mastercard, Discover, American Express or Aurora Card.

Once entered, you may choose to continue with the purchase process by clicking on the "Pay" option.

After clicking on the "Pay" option, the service will be understood to be contracted.

7. Invoice

In accordance with the provisions of article 164. One, 3º and Two of Law 37/1992, of December 28, 1992, Value Added Tax Law, the Client grants its consent for Tinsa to issue the corresponding invoice in electronic format on its behalf, as well as for the same to be sent electronically to the mailbox provided at the time of formalizing the contract with Tinsa.

The Client may at any time revoke its express consent to receive the invoice in electronic format. To do so, he/she must send an e-mail to the following address: comercial@tinsa.com, identifying him/herself with the data with which he/she contracted the service, and indicating his/her interest in receiving the invoice in paper format.

Incidents and complaints: In the event that the customer wishes to report any incident, comment or make a complaint, he/she may do so by sending an e-mail to the following address: comercial@tinsa.com.

8. Validity and duration

The contract shall enter into force and take effect from the moment of acceptance by the Client. The contract will have a defined duration, which will be given by the receipt by the Client of the response to the contracted service.

9. Withdrawal

The Customer may withdraw from the contract within 14 days from the date of conclusion of the contract, without having to justify the reasons for withdrawal, and without incurring any costs.

In order to exercise their right, and always within the period established in the previous section, unless the service has already been fully executed, the Customer may use the model withdrawal form that they consider most appropriate, or make an unequivocal statement that records their decision to withdraw from the contract. In any case, the Client may request Tinsa to provide a model withdrawal form, or any other type of information on this aspect.

However, in the case of a service provision, which has also been prepared on the basis of the customer's particular specifications, we expressly inform you, in compliance with art. 103 of the Consumer Law, that this right of withdrawal shall not apply if the service has been fully performed.

To this effect, the customer is informed that the acceptance of these conditions implies the express consent of the customer to immediately start the requested services and determines that the customer knows and accepts that once the service has been completed, even if 14 days have not elapsed, he/she will not have the right to cancel and/or return the service provided.

If, once the service has commenced, the client has the right to withdraw from the service and requests it under the terms referred to in the previous sections, Tinsa will refund a proportional amount of fees attributable to the part of the service already provided at the time Tinsa is informed of the withdrawal in relation to the total object of the contract. The proportional amount to be paid shall be calculated on the basis of the total price agreed in the contract. In any case, after the commencement of the contracted activities, the client is obliged to pay a minimum (without prejudice to a higher percentage) of 75% of the contracted services, as compensation for damages caused by the withdrawal.

10. Confidentiality

Tinsa undertakes to treat the information to which it has access in connection with the provision of services as confidential.

11. Privacy and Personal Data Protection Policy

Tinsa guarantees the confidentiality of the personal data provided by the user and its automated processing in accordance with the legislation on protection of personal data.

The personal data provided by users when using and requesting the various services offered through the Website will be processed and incorporated into files owned by Tinsa, which is responsible for and the recipient of said data, and will be transferred to the subcontractor INSPECTORES INMOBILIARIOS, S.L., with Tax ID number B-13787007 and registered address at Paseo de la Castellana , Madrid (REVICASA) for the purpose of providing the contracted services.

When for the use or request of any service it is necessary to provide personal data, the users will guarantee its truthfulness, accuracy, authenticity and validity. In this sense, it will be the obligation of the users to keep such data updated.

In order to provide the personal data required to request the services offered through this Website or to send them by any other means, users must fully and unreservedly accept the incorporation of the data provided into Tinsa's files and their processing under the terms stipulated in this document, which may be provided by accepting this privacy policy by clicking on the option "I ACCEPT THE TERMS OF USE AND DATA PROTECTION" which is presented before each data request form.

Except in campos expressly stated otherwise by means of an asterisk (*), answering questions about personal data is voluntary, and failure to answer these questions will not result in a reduction in the quality of the services requested by the user. Failure to complete the campos as mandatory or providing incorrect data will make it impossible for Tinsa to provide the services requested.

The data recorded and those generated as a result of the relationship with the user may be used for the purpose of enabling and controlling the normal development of the transaction agreed with the user, administer, manage and improve the services offered by Tinsa, as well as to prepare or offer other services that may be of interest to users in the future. They may also be used for statistical purposes.

The information provided by users during the process of contracting or subscribing to any service offered on this portal (e.g., e-mail address) may subsequently be used by Tinsa to send commercial and promotional information by any means (including electronic means) about products or services of Tinsa or companies of its business group, in Tinsa-and with the prior consent of the interested parties before finalizing the contracting or subscription procedure. The user may revoke his/her consent at any time by sending an e-mail to protecciondedatos@tinsa.com.

The user may freely exercise the rights of opposition, access and information, rectification and cancellation of his/her data, which may be exercised by sending a written communication to: TINSA TASACIONES INMOBILIARIAS, S.A.U., C/ José Echegaray, 9 - Parque Empresarial de Las Rozas - 28232 Las Rozas (Madrid), to the attention of the Marketing Department or by e-mail to protecciondedatos@tinsa.com.

As a last resort, you may request information about your rights and file a complaint with the Spanish Data Protection Authority, located at Calle Jorge Juan, nº 6, 28001 Madrid.

12. Applicable law and jurisdiction

In all matters not provided for in these general conditions and in the particular conditions governing each of the services offered, the contract shall be governed by the Spanish laws in force.

Any dispute that is not resolved amicably shall be subject to the jurisdiction of the Courts and Tribunals of Madrid, for any Customer who is not a consumer or user according to the definition given by the Spanish sectorial regulations and those determined according to the current rules of procedural distribution for consumers and users who are natural persons.