Terms and Conditions for Homecheck Inspection, Property Condition

Preliminary

Electronic Communication: The parties agree to the use of electronic communication for the execution of this contract, as well as for the delivery of notices related to the service, and waive any right that requires an original (non-electronic) signature or the delivery or retention of non-electronic records.

2. Identification information for ACCUMIN HOME, S.L.

The service will be provided by ACCUMIN HOME, S.L., hereinafter referred to as ACCUMIN HOME, whose contact information is as follows:

• VAT ID: B-86689494
• Registration Details: Registered with the Madrid Commercial Registry, Volume 30925, Folio 12, Section 8, Page M-556599.
• Address: 9 José Echegaray Street – Las Rozas Business Park, 28232 Las Rozas de Madrid Madrid).
• Contact: info@accumin.com or 91 37 27 500

The purchase of the Homecheck home inspection service, offered through the website www.tinsa.com, requires acceptance of the terms and conditions set forth in this document, which the customer acknowledges having read prior to entering into the contract electronically.

These terms and conditions may be updated and/or modified at ACCUMIN HOME’s discretion. If such updates and/or modifications result in changes to the contractual relationship with the customer, ACCUMIN HOME will maintain the terms and conditions in effect at the time the contract was entered into.

3. Customer Definition

For the purposes of these general terms and conditions, a “customer” is defined as any natural or legal person who has the legal capacity to enter into contracts under the laws applicable to their nationality, who registers using the form provided for that purpose, and who requests the provision of services.

To provide personal data and purchase products through our website, you must be of legal age under Spanish law and have the legal capacity to enter into contracts on your own behalf for the services offered on this website.

The services are provided to the customer in their capacity as the recipient or end user thereof; the resale or commercialization of the service, as well as the assignment of the contract, is strictly prohibited without the express authorization of ACCUMIN HOME, which holds all intellectual property rights thereto.

4. Scope of service

ACCUMIN HOME will provide the customer with a service consisting of the preparation of a HomeCheck Report, which analyzes the condition of the property. The scope of the service, along with any other technical, financial, or operational terms and conditions, is specified in the service estimate prepared by ACCUMIN HOME, which is attached to these terms and conditions.

The issuance of Homecheck Inspection Reports, which provide an online assessment of a property’s condition, is a service that involves a visual inspection of a Property in Spain by specialized architects to determine whether the Property any defects or elements in poor condition. The results of the inspection are detailed in a report that outlines the findings.

HomeCheck is a visual Property inspection service Property to identify, through a non-invasive visual review, potential issues or relevant aspects of the home. The service complements the Appraisal process by providing additional information on the Property overall condition. The inspection is conducted during a visit by an appraiser from Tinsa Tasaciones Inmobiliarias, S.A.U., a company belonging to the same business group as ACCUMIN HOME. The appraiser uses their app to collect specific information and photographs of Property subsequent analysis. During the visual inspection, aspects such as the condition of the electrical panel, the heating and cooling systems, the presence of cracks, moisture, or other visible damage, the security of the home and the condition of its access points and security features, as well as comfort and livability conditions—including ventilation and lighting—are evaluated. Property zoning status is also analyzed. All the information collected, along with the photographs taken by the appraiser, is sent to our offices, where the professional’s technical assessment is combined with our specialized analysis to produce a brief report on the condition of the home. The goal of HomeCheck is to improve the quality of the Appraisal bring greater transparency to the buying and selling process, helping to identify potential deficiencies or relevant factors that should be taken into account before closing the transaction. If issues requiring a more detailed analysis are detected, the client may opt to commission a Condition Survey engage a specialized technician to conduct a more comprehensive evaluation using specific technical tools.

ACCUMIN HOME offers its customers the option to request a home condition inspection to be performed by ACCUMIN HOME and to book the service through its website. ACCUMIN HOME handles the booking, payment, and delivery of the report, and is responsible for managing the execution of the assignment, preparing the report, and resolving any issues related to it.

The characteristics of the services offered, the development methodology, the scope of the service, and the responsibilities associated with the work are set forth, where applicable, in this policy or in the specific service proposal prepared by ACCUMIN HOME and included in the report issued at the client’s request.

Expanding the requested services will require the preparation and approval of a new quote. 

The report will be in Spanish unless otherwise specified in the budget.

5. Use of the Report and Liability

Homecheck Inspection Reports, which detail the condition of the property, may only be used by the customer for the purpose for which they were requested. ACCUMIN HOME shall not be liable to the customer for any damages resulting from the use of the Inspection Report for a purpose other than that specified in the report itself.

This service is provided to the contract holder as the end user for their exclusive use; therefore, under no circumstances may they resell or distribute the service to third parties, nor may they transfer their rights under this contract to a third party, unless expressly authorized by ACCUMIN HOME. 

The use of the report by third parties requires the express authorization of ACCUMIN HOME and the issuance of a new report that includes the new owner.

6. Form of Payment

Payments will be processed through secure payment gateways that ensure the confidentiality and proper protection of customers' financial data using mercado encryption systems and security protocols.

The accepted payment methods will be those that are currently enabled on the platform or service booking channel. 

The customer is solely responsible for the accuracy of the information provided for the payment, as well as for ensuring that sufficient funds are available at the time the transaction is made.

The corresponding charge will be processed upon confirmation of the transaction. If the financial institution declines the transaction, the service subscription will be automatically canceled, and the customer will be notified immediately.

The service will not be considered finalized until payment has been properly authorized and validated.

Payment of the service fee entitles the customer solely to the contracted service in accordance with the terms set forth in these general terms and conditions and, where applicable, in the applicable special terms and conditions, and does not imply the acquisition of any additional rights.

7. Invoice

In accordance with the provisions of Article 164. 1, 3, and 2 of Law 37/1992, of December 28, the Value Added Tax Law, the customer hereby consents to ACCUMIN HOME issuing the corresponding invoice in their name in electronic format, as well as to said invoice being sent electronically to the email address provided at the time of entering into the contract with ACCUMIN HOME.

The customer may revoke their express consent to receive electronic invoices at any time. To do so, they must send an email to the following address: info@accumin.com, providing the information used to sign up for the service and indicating their preference to receive paper invoices.

8. Incidents and complaints

If a customer wishes to report an issue, provide feedback, or file a complaint, they may do so by sending an email to the following address: info@accumin.com

9. Responsibility

ACCUMIN HOME and the professionals involved in providing the service assume no liability toward third parties other than the requester who uses the report issued.

ACCUMIN HOME and the professionals involved in providing the service shall not be liable to the client for any damages resulting from the use of the report for a purpose other than that specified therein.

ACCUMIN HOME and the professionals involved in providing the service shall not be held liable for any damages that may arise for the client as a result of decisions made without taking into account the circumstances and scope of the findings in the report issued, as set forth in the quote or in the report itself.

In any event, the maximum liability to the client to be assumed by ACCUMIN HOME and by the professionals who have participated in the provision of services or in the issuance of reports, for any damages (including direct damages, legal fees, or expenses of any other kind) for which liability may be attributed should they be held liable in connection with the services provided, shall be in any case, limited to a maximum amount of twice the fees received by ACCUMIN HOME in consideration for its services. Under no circumstances shall the professionals involved in preparing the report be liable for personal injury, indirect damages, loss of profits, or loss of business opportunities that may arise for the Client or third parties in connection with the services provided.

10. Validity and Term

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.

11. Withdrawal by the customer

The customer may cancel the contract within 14 days of the date it was entered into, without having to provide a reason for the cancellation and without incurring any costs.

In order to exercise this right, and provided that the deadline set forth in the preceding paragraph has not expired—unless the service has already been fully performed—the customer may use the model withdrawal form that they deem most appropriate, or make an unequivocal statement confirming their decision to withdraw from the contract. In any case, the customer may request that ACCUMIN HOME provide a model withdrawal form or any other relevant information regarding this matter.

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 that end, you are hereby informed that acceptance of these terms and conditions constitutes the customer’s express consent to the immediate commencement of the requested services and confirms that the customer understands and agrees that, once the service has been completed, even if 14 days have not yet elapsed, the customer will not have the right to withdraw from the contract and/or return the service provided.

If, after the service has begun, the customer is entitled to withdraw and requests to do so under the terms set forth in the preceding sections, ACCUMIN HOME will refund a proportional amount of the fees attributable to the portion of the service already provided at the time ACCUMIN HOME is notified of the customer’s withdrawal regarding the entire scope of the contract. The proportional amount to be paid will be calculated based on the total price agreed upon in the contract. In any case, after the contracted activities have begun, the customer is obligated to pay a minimum (without prejudice to a higher percentage) of 75% of the contracted services as compensation for damages resulting from the withdrawal.

12. Withdrawal by ACCUMIN HOME

ACCUMIN HOME guarantees that it will act independently and with complete objectivity in carrying out the work.

ACCUMIN HOME reserves the right to refuse to prepare the report after this estimate has been issued if it is determined that there is a potential cause of incompatibility or conflict of interest that would require it to refrain from issuing the report.

ACCUMIN HOME will notify the client as soon as it becomes aware of this situation and will proceed to issue a full refund of the fees paid.

13. Confidentiality

ACCUMIN HOME is committed to treating any information it accesses in the course of providing its services as confidential.

14. Governing 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 cannot be resolved amicably shall be subject to the jurisdiction of the courts of Madrid for any customer who is not a consumer or user as defined by Spanish sector-specific regulations, and for those determined in accordance with the current rules governing the allocation of jurisdiction for consumers and individual users.