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
Tinsa Tasaciones Inmobiliarias S.A.U. (hereinafter “Tinsa”) is a company with a registered trademark, trade name, and domain name.
- Tax ID: A-78029774
- Registration Details: Registered in the Madrid Commercial Registry, Volume 629, Section 3, No. 66378-1, General Book 611, Page No. 66378-1.
- Registration details in the Banco de España Appraisal Register of Entities Specializing in Appraisal . Registered under number 4313.
- Address: 9 José Echegaray Street – Las Rozas Business Park, 28232, Las Rozas de Madrid Madrid).
- Contact: info@tinsa.com or 91 372 75 00
3. Definition of a 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.
In accordance with Spanish law, you must be of legal age to provide personal data and purchase products, and you must have the legal capacity to enter into contracts on your own behalf for the services offered by Tinsa.
4. Scope of service
Tinsa will provide the Client with a service consisting of the preparation of an Appraisal report Appraisal household goods. The scope of the service is specified in the service estimate prepared by Tinsa, which is attached to these Terms and Conditions.
The extension of the requested services will require the preparation and acceptance of a new Quotation.
Appraisal household Appraisal will consist of determining the value of the personal property and household items that make up said household goods, based on the valuation assumptions agreed upon in each case and specified in the prepared estimate. The scope of the Appraisal limited to ordinary household goods, understood to mean movable property, furnishings, and items of daily use. Items of special value, such as works of art, jewelry, watches, antiques, collections, or other unique items, are expressly excluded from this service; their valuation, if applicable, will require a separate quote and a specific scope of service.
Tinsa undertakes to perform the requested appraisals in accordance with the requirements set forth in the applicable regulations, depending on the purpose for which the Appraisal requested.
In any case, the appropriate standards, methods, and values will be applied based on the scope of the work, the nature of the assets being Appraisal, their physical condition, and the intended purpose.
Tinsa will conduct the necessary verifications and will request that the Client provide the required documentation based on the type of property, its physical condition, and the intended purpose. For informational purposes only and on a non-binding basis, the Client is advised to provide a list of the household goods subject to Appraisal , but not limited Appraisal , furniture, appliances, clothing, household items and utensils, and other everyday goods. Likewise, provided the Client has them available, they may provide Tinsa with invoices or purchase receipts, photographs, warranty certificates, or other documents that, in their judgment, may be useful for informational purposes regarding the valuation.
The inspection of the equipment shall be based exclusively on the visual inspection conducted by Tinsa at the time of the visit, as well as on the statements made by the Client or the person representing the Client during said inspection. No technical tests, operational trials, disassembly, or internal inspections will be performed, nor will any items that are inaccessible at the time of the visit be inspected. Unless expressly stated otherwise, it will be assumed that the assets are in a condition consistent with their nature and age, provided there are no visible signs clearly indicating otherwise.
The language of the report shall be Spanish, unless otherwise established in the Budget.
5. Service Delivery Process
5.1. Service Request
The service request will be initiated by completing the online request form on the Tinsa website, by submitting a request via email, or by making a request over the phone. To do so, you must provide the requested information regarding the service, as well as your personal information, 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.
5.2. Acceptance of the Budget
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.
Proof of such payment is a prerequisite for the commencement of work and shall, in all cases, be deemed to constitute acceptance of all the terms set forth in this Estimate and these Terms and Conditions.
5.3. Service Price and Payment Method
If the Customer agrees with the price set forth in the Quote, they will make payment using the payment methods provided for that purpose.
The Customer may pay by deposit or bank transfer to the account number specified in the Quote, indicating the Quote number listed in the Quote in the payment description.
You can also pay for services by credit card or Bizum through the website https://www.tinsa.es/gestiones/pago-online/, owned by Tinsa, by entering the quote number and the applicant’s ID number.
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 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 web page 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 to the card will be processed online in real time, that is, as soon as the payment form data is submitted. If the payment platform indicates that the card has been declined, the order will be automatically canceled, and the Customer will be notified of the cancellation online and immediately.
To pay with Bizum, the Customer must enter the phone number associated with the service and their Bizum online shopping password. The Customer will receive a text message with a confirmation code, which they must enter in the payment window to complete the payment. The minimum amount for using this service is €0.50. The availability of this service is subject to each bank’s ability to process online purchases via Bizum.
Payment of the fees listed on the website for the various services offered does not grant the Customer any rights other than those specified in these General Terms and Conditions or in the specific terms and conditions for each 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.
5.4. Order Management
The Client, or the person designated by the Client, shall appoint a contact person for each assignment, who will be responsible for providing all necessary information to the Tinsa technician and accompanying the technician during the site visit, if applicable.
Tinsa will contact the designated person to request the necessary documentation for carrying out the work and, if applicable, to coordinate a site visit to inspect the properties subject to Appraisal.
5.5. Timeline for Completion and Submission of the Report
The timeframe for completing the work outlined in the budget will be specified in the budget document to be prepared and will begin from the moment Tinsa receives the email confirming payment of the fees, provided that the necessary documentation has been submitted and an appointment has been scheduled for the inspection of the assets subject to Appraisal.
If no such deadline is specified in the budget, Tinsa undertakes to submit the report within a reasonable timeframe, taking into account the complexity of the analysis required to prepare it and the procedures necessary to carry out the required verifications.
In the event of delays in the submission of documentation or information required for the preparation of the report by government agencies or other competent bodies or entities, the deadline for submission will be extended accordingly.
The report will be provided in digital format and as a PDF file.
If you require a hard copy of the report, it will be sent by regular mail to the address you provide, and you may be charged for the associated shipping costs.
5.6. Invoice
In accordance with the provisions of the Value-Added Tax Act, the Customer hereby consents to Tinsa issuing the corresponding invoice in the Customer’s name in electronic format and sending it electronically to the email address provided at the time the Contract with Tinsa was executed.
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.
6. 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 requires Tinsa’s express authorization and the issuance of a new report that includes the new owner.
7. Issues and Complaints
If the Customer wishes to report an issue, provide feedback, or file a complaint, they may do so by sending an email to the following address: revisiones@tinsa.com
8. Liability
Tinsa and the professionals involved in providing the service assume no liability toward third parties other than the client who uses the report issued.
Tinsa 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.
Tinsa and the professionals involved in providing the service shall not accept any liability for any damages that may arise for the client as a result of decisions that do not take into account the circumstances and scope of the findings in the report issued in accordance with the provisions of the Quote or the report itself.
In any event, the maximum liability to the Client to be assumed by Tinsa 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 to them in connection with the services provided, shall, in any event, limited to a maximum amount equal to twice the fees received by Tinsa 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.
9. Validity 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.
10. 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, since this is a service that has been tailored to the Customer’s specific requirements, we hereby expressly inform you—in compliance with the Consumer Protection Act—that this right of withdrawal does 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 cancel and/or return the service provided.
If, after the service has begun, the Customer is entitled to withdraw from the contract and requests to do so in accordance with the terms set forth in the preceding sections, Tinsa will refund a proportionate amount of the fees attributable to the portion of the service already provided at the time Tinsa is notified of the Customer’s withdrawal from the contract as a whole.
The proportionate amount to be paid will be calculated based on the total price agreed upon in the Contract.
In any case, once the contracted services have begun, the Client is obligated to pay at least 50% of the contracted services (without prejudice to a higher percentage) as compensation for damages resulting from the cancellation.
11. Withdrawal by Tinsa
Tinsa guarantees that it will act independently and with complete objectivity in carrying out the work.
Tinsa reserves the right to refuse to prepare the report after this estimate has been prepared if it is determined that there is a potential cause of incompatibility or conflict of interest that would require Tinsa to refrain from issuing the report.
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.
12. 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:
• Information provided to us in connection with your request for the service.
• Information regarding the personal or financial circumstances related to the use or operation of the service.
• The results of the report.
13. Applicable law and jurisdiction
In matters not covered by these Terms and Conditions or by the specific terms governing each of the services listed in the Contract, Spanish law shall apply.
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 to the courts determined in accordance with the current rules governing the allocation of jurisdiction for consumer and user cases involving natural persons.