1. Object

The present general conditions (the conditions) shall regulate all hiring processes for downloadable digital products formalized through this website, between Clarke, Modet y Cía. S.L., (ClarkeModet) Spanish company located at Madrid 2800, street Suero de Quiñones 34-36, 4th floor and CIF B-83049189 and the users that comply with all terms set forth therein.
Following the provisions of the Consumer Protection Act, the conditions shall be always made available for their perusal on this website.
The previous acceptance of the conditions is essential to acquire the digital products outlined in the website www.clarkemodet.com and entails that, as a user, you have read, understood, and accepted its content, are a person with hiring capabilities, and assume the obligations set forth herein. When accepting the conditions, the user is rendered bound by its terms along with the applicable Privacy policy available here.
Digital products are found available for legal entities and individuals of legal age.
For everything that is not regulated under these conditions, the general conditions available here shall be applicable, as well as the Spanish legislation.

2. Description of the Products

The downloadable digital products to which the conditions apply are those that are available on the website www.clarkemodet.com at the time of purchase and stated as such along with their price, applicable taxes, and reproduction format.
The products shall be in the language stated at all times.
The downloadable digital products do not include support services or personalized attention.

3. Hiring Mode

The hiring process shall be carried out in English. In case it can be carried out in another language, this shall be stated before starting the hiring process.
In the hiring process, the user shall provide the data required from them in a correct, complete, and updated manner. Failure to comply with this obligation shall give rise to the termination of the agreement.
By clicking on the “Buy” button, the buyer states that they know and accept that the conditions are applicable, as well as the privacy policy. The hiring is exclusively carried out through the website www.clarkemodet.com.
After sending the order to the buyer, a payment gateway shall be forwarded to proceed with it as per the stated price and form established therein.
The fraudulent or unauthorized use of the payment methods or gateway shall be the buyer’s sole responsibility. ClarkeModet reserved the right to accept the payment of the product made by other means.
Once the payment is confirmed, the proof of payment shall be sent to the buyer to the email designated by them, at which point the agreement shall be deemed to have been perfected. Unless expressly requested on paper, the buyer shall also receive at this email the invoice in electronic format.
All the purposes of sale and purchase of downloadable digital products shall be considered civil sales and purchases.

4. Download Procedure

After confirming the payment, the buyer shall receive a unique download link of the acquired product. For incidents during the process or after the download, an email shall be sent to the address infomarketing@clarkemodet.com stating the problem.
In the event of any incident in the hiring process and/or in the downloadable products, contact the email infomarketing@clarkemodet.com or call the telephone number +34 91 806 56 00, stating the date of the product, the day it was acquired, name, and last name(s) of the user, address and the reason for the complaint.

5. Cancellation

With the download of the downloadable digital product, the buyer expressly waives their right of withdrawal in the application of the exception contained in subparagraph m) of art. 103 of the Consumer Protection Act (RDL 1/2007, November 16).
The buyer shall be able to withdraw their purchase within the legal term of 14 days upon receiving the link, provided the digital downloadable product has not been downloaded. For this purpose, the buyer shall forward (within the term) an email to ClarkeModet to the address infomarketing@clarkemodet.com stating their will to cancel their purchase without the need of justifying any reason whatsoever. The withdrawal thus exercised shall result in the full refund of the amount paid to ClarkeModet.

6. Intellectual Property

The download of any downloadable digital products property of ClarkeModet only grants a non-exclusive right to store and reproduce the digital product downloaded only for their personal and non-commercial use. The download does not authorize the buyer to:
a) Show, fully or partially, the contents of the downloaded digital product to third parties;
b) Sell, rent, distribute, communicate, modify, tax, or transfer, fully or partially, the downloaded digital product. The modification prohibition extends to watermarks, legal disclaimers, and other exclusivity indications of intellectual property rights or of any other kind or nature that ClarkeModet owns on the downloaded digital product.

7. Warranty

The downloadable digital products marketed by ClarkeModet are “digital contents” in the sense set forth under article 59 bis d) RDL 1/2007, November 16, and have a warranty period of 2 years as of their download date. In case the downloaded digital product cannot be reproduced within the said term for reasons attributable to ClarkeModet, the buyer shall communicate this to the email address (informarketing@clarkemodet.com) forwarding the defective file. Upon its verification, ClarkeModet shall send free of charge a new download link to the email address stated when the hiring took place.

8. Waiver of Liability

ClarkeModet does not guarantee the validity and accuracy of the information presented in the downloaded products; likewise, ClarkeModet does not assume liability for any inaccuracy or omission, nor for the consequences that arise from the use of the downloaded products exposed by the users nor does ClarkeModet assume liability regarding the suitability of the digital products acquired, rendering this determination at the sole discretion of the user.

9. Modification of the Conditions

ClarkeModet reserves the right to modify the conditions and, therefore, recommends they are carefully read whenever the website is accessed. In case any of the clauses are declared null and void, the other clauses shall still be in effect and shall be interpreted considering the will of the parties and the very purpose of the conditions.

10. Applicable Law and Jurisdiction

The conditions are governed by Spanish law.
By the provisions of Law 34/2000, dated July 11, on information society services and e-commerce services, the agreements entered into electronically wherein a consumer is involved shall be presumed to have been entered into at the place of their residence.
Electronic agreements between entrepreneurs and users shall be presumed to have been entered into at the place where the service provider is established. In case of dispute, the parties waive their right to any other jurisdiction, to the Courts and Tribunals of Madrid.