The contracting of the services offered through the Web will require the acceptance of the Contracting Conditions that govern for each of the services or products contracted, as well as the Privacy policy in relation to the personal data provided to us, Conditions that the Client must accept prior to the formalization of the contract by electronic means.

1. Identification Data of Tinsa Tasaciones Inmobiliarias S.A.U.

The online valuation service is a service that consists of the preparation of an Appraisal report of a Property offered by Tinsa Tasaciones Inmobiliarias, S.A.U., ("Tinsa").
-CIF:A-78029774
-Registry Data: Registered in the Mercantile Registry of Madrid, Volume 629, section 3, nº 66378-1, General Book 611, sheet nº 66378-1
Registration data in the Registry of Specialized Appraisal Entities of the Banco de España.
Registered under number 4313
-Address: Calle José Echegaray, 9 - Parque Empresarial de las Rozas, 28232 Las Rozas (Madrid)
-Contact: info@tinsa.com o 91 372 75 00

The contracting of the Online Valuation Service offered through the website www.tinsa 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.

Definition of Customer

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 a service.

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 his 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".

Service Definition

Tinsa offers its clients the possibility of contracting an Appraisal report entirely through its website, managing the contracting, payment and delivery of the report.

This service is only available for the contracting of valuation services for the purpose of applying for a mortgage loan or for advice on the value of a Property in the event of a possible purchase-sale, dissolution of a community or inheritance partition.

For all other properties or purposes, you should contact our customer service department so that they can prepare an individualized estimate and provide you with the conditions under which the service will be provided.

The methodology for calculating the value of the Property will be that contained in Order ECO/805/2003, on Valuation Standards for real estate and certain rights for certain financial purposes or legislation replacing the aforementioned regulations.

The reports will be prepared on the basis of a visit to the Property, in which its characteristics will be verified. It will also be analyzed if the Property complies with the determinations contained in the municipal approach or if it has any other restriction derived from any public protection regime.

The state of occupancy, limitations of use or rights in rem encumbering the Property will also be taken into account, provided that these can be verified by the ocular inspection carried out or are recorded in the land registry or are communicated by the applicant.

Charges encumbering the Property(mortgages, liens, tax liens, etc.) will not be taken into account.

The reports will consist of a certificate and an Appraisal Report and will be prepared in accordance with the provisions of Eco Order 805/2013 on Appraisal Standards.

If the necessary documents are not available to carry out the Property, or if it is not possible to verify some relevant characteristics for its valuation, the report may be conditioned or warned under the terms of art. 10 and 11 of Eco Order 805/2003.

4. Service Delivery Process

4.1. Request for service

The service request will be initiated by completing the electronic application form, in which you must fill in the details of Property the valuation is requested. [All campos included therein are mandatory unless otherwise indicated.]

You will then be shown the service contracting conditions (conditions and particulars) as well as the conditions of use of the web page and the privacy policy, which you must accept in order to continue with the contracting process.

Once the data has been filled in and before proceeding to the purchase process, the program will display the quote and you will be asked to fill in your personal data or the user name and password with which you are registered on the Web.

At this moment, the customer will be shown the contracting conditions and privacy policy, which must be read and accepted.
Once the application data has been verified, the screen corresponding to the payment platform will be shown, where the payment for the service will be made, in accordance with the provisions of section 9 of this document.

Once the payment has been made, the service will be understood to be contracted and the purchase of the service will be confirmed by sending an email to the email address provided.

4.2 Preparation of the report

The assigned technician will contact the person indicated in the request within approximately 24 to 48 hours (excluding Saturdays and holidays) in order to arrange the visit of the Property and delivery of the necessary documentation for its realization by the client.

The visit will take place in the shortest possible time, determined by the availability of the person designated by the applicant to provide access to the Property and the technician's commitments according to the order of entry of service requests.

4.3. Documentation to be provided by the applicant:

The applicant shall provide the technician conducting the visit with the registration documentation of the Property Nota simple registral less than 3 months old or copy of the deed of the registered property).

It shall also provide the cadastral reference of the Property and, if available, a plan of the Property.

If the Property is encumbered with any real right (usufruct, right of use, purchase option, etc.), or suffers any limitation of a legal nature (VPO), the applicant must communicate this to the technician, providing the documentation proving this point.

If the Property is leased or assigned to a third party, the applicant must provide a contract that proves the conditions under which the lease or assignment has been agreed, also providing the last rent receipt paid. Once the visit of the technician has been made and within three or five days approximately* (excluding Saturdays and holidays), the Appraisal report requested in PDF format will be automatically sent to the e-mail address you have provided.

5. Delivery of the report

Once the Appraisal has been completed, the appraisal report and the digitally signed certificate will be sent to the e-mail address provided.
The appraisal report will be delivered in digital format and in PDF format.

6. Price of the service

The price of the Service will be shown to the client before the contracting of the services.

The price is calculated based on variables such as the constructed surface area of the Property, its type and location. If it is found that the actual surface area is more than 10% greater than that declared by the applicant, Tinsa may increase the price in proportion to the deviation in surface area found, i.e. if the actual surface area is 20% greater than that declared, the price will be increased by 20%.

If after the visit to the Property it is found that there is an error in the built surface of the Property incorporated by the client of more than 15%, TINSA may increase the price proportionally to the deviation of surface, that is, if the real surface is 20% higher than the declared one, the price will be increased by 20%.

In this case, prior to the delivery of the report, the difference between the amount paid and the final invoice must be paid, and Tinsa may retain the report until the payment is credited.

If it is found, before or after the visit to the Property, that the garage and/or the storage room are located in a different building from that of the property, an estimate must be made to appraise them independently, applying the rates in force. In this case, prior to the delivery of the report, the amount reflected in this estimate must be paid, and Tinsa may retain the report until the payment is accredited.

The price of the service may include the Appraisal a parking space and/or a storage room, if it is found, before or after the visit to the Property, that more units need to be appraised, an estimate must be made for the total amount of the work to be carried out. In this case, prior to the delivery of the report, the difference between the amount paid and the final invoice must be paid, and Tinsa may retain the report until accreditation of the payment.

Tinsa will inform the client as soon as a difference in the surface area of more than 15% is found to exist, and will stop the order until the client pays the difference in fees found.

7. Scope of the Appraisal reports and certificates issued:

The Appraisal reports issued do not have the scope of a technical, fiscal, legal or town planning Due Diligence. Consequently, we warn of the limited scope of some of the verifications that are carried out for their preparation and in particular we warn of the following:

1) The characteristics of the appraised property are checked on the basis of a limited ocular inspection by the Tinsa technician who visits the Property without the possibility of checking the parts hidden from view. The state of the installations and materials not seen are estimated based on the age of the building and the apparent state of conservation of the exterior of the Property. Tinsa assumes no liability for defects or hidden defects.

2) The properties are valued taking into account only the real burdens that encumber the same, provided that they are registered in the land registry, have been made known by the client requesting the Appraisal or by third parties or can be verified from an ocular inspection of the Property. Fiscal affections that encumber the Property (taxes, rates and contributions), the existence of pending payments to the community of neighbors or others derived from the ownership of the Property, and the seizures and mortgage charges that encumber the Property will not be taken into account for the purposes of establishing the Appraisal value.

3) The urban planning information is limited in nature and is obtained through verbal consultation with the municipal technicians as well as consultation of the public information of the municipal planning. Tinsa assumes no responsibility for the existence of sectorial administrative conditions, unless these have been transferred as content of the municipal planning or have been brought to Tinsa's attention by the municipal technicians or by the applicant. Tinsa does not assume responsibility for the modification of the conditions of urban planning legality of the Property derived from changes in planning that were not published at the date of the valuation or as a result of the execution of administrative or judicial resolutions, even when these had begun their processing prior to the date of the issuance of the report, unless there is a public registry where the beginning, scope and state of processing of such procedures can be verified or they had been informed by the municipal technicians in the consultation carried out or by the applicant of the valuation.

8. Report Use and Responsibility

Tinsa assumes no liability to third parties other than the applicant who use the Appraisal report. The use of the report by third parties will require the express authorization of Tinsa and the issuance of a new report with the incorporation of the new owner or the financial entity that is going to grant the loan.

Appraisals may only be used by the client for the purpose for which they were requested. Tinsa will not be liable to the client for damages caused by the use of the Appraisal report for a purpose other than that stated in the report.

The limited scope of an Appraisal report in the terms set forth in section 7 above determines the limits of the liability assumed by Tinsa.

9. Form of Payment

Tinsa has enabled an electronic payment system through payment by credit card or debit card (Visa and MasterCard) and Bizum. To make the payment you must indicate directly in the area provided for this purpose (secure and protected by maximum privacy through SSL encryption: Secure Socket Layer) the card number without spaces, its expiration date and the security code of the card through the Ogone/Ingenico Payment Services platform.

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 commitment to pay using a credit card is irrevocable. It is possible to oppose its use only in case of loss, theft or fraudulent use of the credit card. Except in such cases, the credit card holder, depending on the situation, may be considered guilty of fraud if he/she objects to the previously authorized payment.
If the card has a password protection (Verified by Visa / MasterCard SecureCode), you will be redirected to the website of the card issuing bank to authorize the transaction. For payments made with cards issued outside Spain, the issuing bank must be a member of the Secure Electronic Commerce Security Protocol (CES). Payments with cards that do not comply with this requirement will not be accepted.

The charge on the card will be made online, live, that is, at the time of sending the payment form data. In the event that the payment platform informs that the card has been denied, the order will be automatically cancelled, informing the customer of the cancellation online and at the moment.

The payment of the fees determined in the web page for the different services offered does not give the Client any other type of right that is not determined in the present general contracting conditions or in the particular conditions of each one of the services offered.
Once the payment has been made, the service will be understood to be contracted.

10. 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: info@tinsa.es, 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.

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: info@tinsa.com.

11. Validity and duration

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

12. 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.

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.

Once the order has been placed, if the client cancels it, he/she will be obliged to pay a minimum of 60 euros, as administration costs (generation and cancellation of the order and the steps for the return of the fees).

Likewise, after the visit to the Property , the client is obliged to pay a minimum (without prejudice to a higher percentage) of 50% of the contracted services, as compensation for damages caused by the cancellation.

13. Confidentiality

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

14. Security Policy

Tinsa Tasaciones Inmobiliarias, S.A.U. guarantees security in all communications with its customers. All data operations are carried out on a secure server, based on the SSL standard, which by means of an encryption system, makes it impossible to access the data against attempts of violation by third parties.

15. 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 as defined by the Spanish sectoral regulations and those determined according to the current rules of procedural distribution for consumers and users natural persons.

* As long as we have the necessary documentation (see attached document) and the relevant town planning consultations have been carried out if required by the technician when performing the Appraisal of the Property to be appraised. In case there are delays in the delivery of documents or in the necessary information for the preparation of the report to be provided by the administrations or other competent bodies or entities, the delivery time will be increased according to the delay.