Conditions of contract Condition Survey
Preliminary
Electronic communication: The parties accept the use of electronic communication for the conclusion of this Agreement, as well as for the execution of notifications related to the service, waiving any right, which establishes the need for an original (non-electronic) signature or the delivery or preservation of non-electronic records.
2. Identification Data
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.
3. Customer Definition
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 requires to be of legal age, according to the Spanish legislation, and to have the necessary legal capacity to contract by oneself.
4. Appraisal Reports
4.1 Subject Matter of the Contract
Tinsa will provide the Client with a service consisting of the preparation of an Appraisal report/s, specified in the Estimate prepared by Tinsa, which is attached to these Terms and Conditions.
The extension of the services requested shall require the preparation and acceptance of a new Estimate. The Appraisal of real estate will consist of the determination of the Value of the same, in the valuation hypotheses that are agreed in each case and that will be specified in the prepared Budget.
Tinsa undertakes to carry out the appraisals requested in accordance with the requirements established by the applicable regulations depending on the purpose for which the Appraisal was requested. In any case, the Regulations, Methods and Values appropriate to the budgeted work, the type of Property, its physical reality and the budgeted purpose will be used.
Tinsa will carry out the necessary verifications, and will request the Client to provide the necessary documentation according to the type of Property, its physical reality and the budgeted purpose. The inspection of the Property will be carried out ocular.
No structural tests will be carried out, nor will covered, unexposed or inaccessible parts be inspected and it will be assumed that these parts are well maintained and in good condition unless there are visible signs that clearly indicate otherwise.
The language of the report shall be Spanish, unless otherwise established in the Budget.
4.2 Service Delivery Process
4.2.1. Request for service
The service request will be initiated by filling out the electronic application form through the Tinsa website, by the request sent to us by e-mail or by your request made by telephone, for which purpose you must provide us with the details of the Property or properties for which the service is requested, as well as your personal data, so that we can prepare a quote.
Tinsa will prepare an estimate which, together with these Terms and Conditions, will be sent to you by e-mail or by the means indicated to that effect, which will include the fees to be paid and the method of payment.
4.2.2. Budget Acceptance
Once the payment or deposit has been made, the Customer will send the receipt of the payment to the email address provided for this purpose. If the payment is made by credit card or Bizum, it will not be necessary to send the receipt by email.
The accreditation of said payment shall be an essential requirement for the commencement of the works and shall be understood in any case as the acceptance of all the terms established in this Quotation and these Conditions of Contract.
4.2.3. Price of the Service and Form of Payment
If the Client is in agreement with the price established in the Quotation, he/she will make the payment through the means of payment
enabled for this purpose.
The Client can pay by deposit or bank transfer to the account number established in the Quotation, indicating in the concept the Quotation number established in the Quotation. You can also pay for the services by credit card or Bizum, through the website www.tinsa.es/es/store/pagooferta owned by Tinsa, entering the number of Budget and the ID of the applicant.
Tinsa has enabled an electronic payment system by credit card or debit card payment through its website (Visa and MasterCard) and Bizum. To make the payment you must indicate directly in the area provided for this purpose (secure entry 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 his authorization, he confirms that the numbers and details of the payment are correct, that neither the card nor the account are 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 object to 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 web page of the card issuing bank to authorize the transaction. For payments made with cards issued outside Spain, it is necessary that the issuing bank is 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 time. For payment with Bizum, the Customer must enter the phone number associated with the service and the password for online purchases of Bizum. The Customer will receive an SMS with a confirmation code that must be entered in the payment window and complete the payment.
The minimum amount for the use of the service is 0.50 euros. The possibility of using this service will be subject to the availability of each bank to make online purchases with Bizum. The payment of the fees determined on 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 quoted.
The payment of the fees determined in the Quotation for the different services offered does not give the Client any other type of right than the one determined in the present Contracting Conditions or in the particular conditions included in the Quotations prepared.
4.2.4. Order Management
The Client, or whoever the Client designates, will appoint an interlocutor for each assignment, who will be the person who will provide all the information to be supplied to the Tinsa technician and will accompany the latter during the visit, if appropriate. Tinsa will contact the designated person in order to provide the necessary documentation for the development of the work, and if necessary, to coordinate the visit to the Property.
4.2.5. Deadline for Execution and Delivery of the Report
The term of execution of the budgeted work will be specified in the Budget to be prepared and will begin to run from the moment Tinsa receives the e-mail accrediting the payment of the fees, and once the documentation has been provided and the visit to the Property has been enabled, if applicable.
If no such deadline is established in the Budget, Tinsa undertakes to deliver the report within an appropriate period of time, taking into account the difficulty of the analysis necessary for its preparation and the processing of the steps to be taken to carry out the required verifications. In the event of delays in the delivery of documentation or in the information necessary for the preparation of the report to be provided by the administrations or other competent bodies or entities, the delivery period shall be increased in accordance with the delay.
4.2.6. Invoice
In accordance with the provisions of the Value Added Tax Law, the Client gives its consent for Tinsa to issue the corresponding invoice in electronic format on its behalf, as well as for the invoice to be sent electronically to the mailbox provided at the time of formalizing the Contract with Tinsa. The Client may revoke its express consent to receive the invoice in electronic format at any time. To do so, he/she should 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.
5. Use of the report
The reports may only be used by the Client for the purpose for which they were requested. This service is provided to the holder of the Contract as the end Client, for its exclusive use, so that under no circumstances may it resell or distribute the service to third parties, or assign its position in this Contract to a third party, unless expressly authorized by Tinsa. The use of the report by third parties shall require the express authorization of Tinsa and the issuance of a new report incorporating the new owner.
6. Emergency Appraisal Reports
6.1 Subject Matter of the Contract
Tinsa will provide the Client with a service consisting of the preparation of one or more emergency Appraisal reports, as specified in the Estimate prepared by Tinsa, which is attached to these Conditions of Contract.
The extension of the requested services will require the preparation and acceptance of a new Quotation.
The Appraisal of real estate will consist of the determination of the value of the same, in the valuation hypotheses that are agreed in each case and that will be specified in the Budget prepared.
Tinsa undertakes to carry out the valuations requested with the requirements established by the applicable regulations for the purpose of mortgage guarantee and advice on sale and purchase. In any case, the regulations, methods and values appropriate to the budgeted work, the type of Property (housing), its physical reality and the budgeted purpose will be used.
Tinsa will carry out the necessary checks and request the Client to provide the required documentation according to the type of Property, its physical reality and the budgeted purpose.
The inspection of the Property shall be performed visually. No structural tests shall be carried out and covered, unexposed or inaccessible parts shall not be inspected. These parts shall be assumed to be well maintained and in good condition, unless there are visible signs clearly indicating otherwise.
The language of the report shall be Spanish, unless otherwise established in the Budget.
6.2 Service Delivery Process
6.2.1 Request for service
The request for the service shall be initiated by filling out the electronic application form through the Tinsa website, by request sent by e-mail or by telephone request.
The Client must provide the details of the Property or properties for which the service is requested, as well as their personal data, so that Tinsa can prepare an Estimate.
Tinsa will prepare an Estimate which, together with these Terms and Conditions, will be sent by e-mail or by any other means indicated. Said Quotation shall detail the fees and the method of payment.
6.2.2 Budget Acceptance
Once the payment has been made, the Customer will send the receipt to the indicated email address. If the payment is made by credit card or Bizum, it will not be necessary to send proof of payment by email.
Proof of payment shall be an essential requirement for the commencement of the work and shall be understood as acceptance of all the terms set forth in the Quotation and in these Conditions of Contract.
6.2.3 Price of the Service and Method of Payment
If the Client is in agreement with the price established in the Quotation, he/she will proceed to pay it through the means of payment provided.
Payment may be made by deposit or bank transfer to the account number indicated in the Budget, specifying the assigned Budget number in the concept.
It may also be done by credit card or Bizum through the website www.tinsa.es/es/store/pagooferta, by entering the Budget number and the applicant's ID card.
Tinsa has enabled an electronic payment system by credit/debit card (Visa and MasterCard) and Bizum through its website. For this purpose, a secure platform with SSL encryption will be used.
The user is responsible for the transactions made and confirms that the payment details are correct, that the card or account is not reported as lost or stolen, and that the funds are available at the time of payment.
If the card has a password protection (Verified by Visa / MasterCard SecureCode), the Customer will be redirected to the issuing bank's website to authorize the transaction.
For payments 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.
In case of refusal of payment by the platform, the order will be automatically cancelled and the Customer will be informed of the cancellation.
For Bizum payments, the Customer must enter their associated phone number and password for online purchases. They will receive an SMS with a confirmation code that must be entered to complete the payment.
The minimum amount for the use of Bizum is 0.50 euros and its availability will depend on the Customer's bank.
The payment of the fees does not grant the Client any rights other than those set forth in these General Terms and Conditions or in the particular conditions of the service quoted.
6.2.4 Order management
The Client or its designated representative will appoint an interlocutor for each assignment. This person will be responsible for providing all the information required by the Tinsa technician and, if necessary, accompanying him during the visit to the Property.
Tinsa will contact the designated person to request the necessary documentation and coordinate the visit to the Property if applicable.
6.2.5 Deadline for Execution and Delivery of the Report
The term of execution of the work for emergency appraisals will be 24 working hours, excluding Saturdays, and will start from the moment Tinsa receives confirmation of payment and the necessary documentation from the Client, as well as the visit to the Property.
If, for any reason arising from the analysis of the documentation or the visit, the report cannot be completed within this period, the Client will be informed of the situation and the new estimated delivery date.
If the Client does not provide the nota simple as part of the required documentation, Tinsa will request it directly, charging the cost of this procedure to the final invoice.
The report will be delivered in digital and PDF format. If the Client requires a hard copy, it will be sent by ordinary mail, at the Client's expense.
6.2.6 Invoice
The Client authorizes Tinsa to issue the invoice in electronic format and send it to the e-mail address provided when formalizing the contract.
The Customer may request the invoice in paper format at any time by sending an e-mail to comercial@tinsa.com with his contracting data.
6.2.7 Reimbursement in case of noncompliance
The fees established in the quotation are calculated for the execution of the assignment within 24 hours.
If, for reasons attributable to Tinsa, the order is not completed within said period, the amount corresponding to the emergency Appraisal service will be refunded.
7. Use of the report
Emergency Appraisal reports may only be used by the Client for the purpose of mortgage collateral and purchase and sale advice.
This service is provided to the holder of the Contract as the end Client, for its exclusive use, so that under no circumstances may it resell or distribute the service to third parties, or assign its position in this Contract to a third party, unless expressly authorized by Tinsa.
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.te sent an e-mail to the following address: comercial@tinsa.com.
8. Incidents and complaints
In the event that the Client wishes to communicate any incident, comment or make any claim, he/she may do so by sending an e-mail to the following address: revisiones@tinsa.com
9. Responsibility
Tinsa and the professionals involved in the provision of the service do not assume any liability to third parties other than the applicant who use the report issued.
Tinsa and the professionals involved in the provision of the service shall not be liable to the Client for damages caused by the use of the report for a purpose other than that stated therein.
Tinsa and the professionals involved in the provision of the service shall not accept any liability for any damages that may arise for the applicant of the service in making decisions that do not take into account the circumstances and scope of the results of the report issued in accordance with the provisions of the Budget or the report itself.
In any case, the maximum liability to the Client to be assumed by Tinsa, and by the professionals who have participated in the issuance of the reports, for any damage (including direct damages, legal advisors' expenses or any other type) for which they may be held liable for as a result of the services rendered, shall in any case be limited to the maximum amount of two times the fees received by Tinsa in consideration for their services. Under no circumstances shall the professionals involved in the preparation of the report be liable for personal or indirect damages, loss of profit or loss of business opportunities that may arise for the Client or third parties as a result of the services rendered.
10 Term and Duration
The Contract shall enter into force and shall be effective from the moment of acceptance of the Quotation by the Client upon payment of the fees, and shall terminate at the moment of receipt by the Client of the contracted service.
11 Withdrawal by the Customer
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 elaborated on the basis of the Customer's particular specifications, we expressly inform you, in compliance with 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 the present Contracting 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 preceding paragraphs, 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 will 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 the percentage being higher) of 50% of the contracted services, as compensation for damages caused by the withdrawal.
12 Withdrawal by Tinsa
Tinsa guarantees that it will act independently and with total objectivity in the performance of the work.
Tinsa reserves the right to refuse to issue the report after the completion of this quotation, if the existence of a possible cause of incompatibility or conflict of interest that would determine its obligation to refrain from issuing the report is verified.
Tinsa will inform the client as soon as it becomes aware of such circumstance, proceeding to the total refund of the amounts paid as fees.
13 Confidentiality
Tinsa is subject to professional secrecy in accordance with Article 11 of Royal Decree 775/1997, of May 30, 1997, on the legal regime for the approval of Appraisal services and Appraisal companies, which establishes that these may not be disclosed to third parties other than its Clients:
- The information entrusted to them in connection with the request for the service.
- Information that refers to personal or economic circumstances regarding the use or exploitation to which the object of the service is dedicated.
- The result of the report.