LEGAL CONDITIONS FOR USE OF THE ELECTRONIC PLATFORM FOR ORDERS (ONLINE STORE)

NOTICE TO THE USER

Read this contract carefully. Access to and the use of this electronic platform service for the processing of orders mean that you expressly and unreservedly accept all the terms of these conditions, which have the same validity and effectiveness as any written contract duly signed.

You will need to accept these conditions expressly when you register as an authorised user in order to be able to undertake commercial transactions on the website.

Compliance with these conditions will be required from users who access the online store and use the service by filling in the identification fields established and after being identified as a natural person or legal entity. You are informed that the website manager will file the electronic document which formalises the order and the user, once registered, can access it, as established in point 2.6 of the particular conditions of use. If you do not accept the terms of these clauses, do not access the site or attempt to use the online store service.

1. PURPOSE

The purpose of these conditions is to regulate conditions for access, use, requests and the management of orders accessible from the website at https://www.gidsimulation.com (hereafter referred to as the Website) or from any other Internet addresses which lead to it.

https://www.gidsimulation.com/ is the GiD Department website of the CENTRE INTERNACIONAL DE METODES NUMERICS EN ENGINYERIA (hereafter referred to as CIMNE) with Taxpayer Id. no. Q5850006G and registered office at Edificio B0, Campus Nord UPC, 1er piso, Oficina B0-106, C/. Gran Capitán, 08034 Barcelona – Spain.

CIMNE is registered in the Generalitat's Register of public organisations under no. 0363

The e-mail address for contact is: gid@cimne.upc.edu

The Website makes these conditions available to users so that they can be stored and reproduced, thus fulfilling the legal duty of prior information.

Sending orders through this electronic platform can only take place from the Internet, through the Website, after having registered as user.

2. PARTICULAR CONDITIONS OF USE

2.1 Becoming a user.

Use of the electronic platform for orders is limited exclusively to those natural persons or legal entities that are or become consumers or end users under the legislation applicable.

To access the electronic platform and be able to send orders you must register as a user, by filling in the identification fields on the form provided for the registration of new users, registration being expressly prohibited for underage users. Registered users will have a user name and a personal password to identify them as customers of the platform; being exclusively responsible to ensure that their data as registered user are not disclosed to any third party. In the event that the registered user has any suspicion of unauthorised use of the name or password, it must be reported as soon as possible to the Website manager.

All orders sent with the user's personal key will be considered validly given by the customer and will be binding, resulting in all the rights and obligations arising from these general conditions of use.

2.2. Processes and requirements for sending orders.

To send an order through the Website, you need to go through the following steps:

1. Enter the Website as a registered user, with your authorised name and password, in order to access the electronic platform for orders.
2. Select the product you want.
3. Specify the quantity you want of each product, put in possible update vouchers and discounts for volume, if there are any. If an update voucher is being applied, the CIMNE sales manager will have to check that the purchaser has bought some product previously.
4. In the case of subscription products, select the end user of the products.
5. Select the payment method: Card, bank transfer or the Stripe payment system.
6. Finally, select the “purchase” button. Once the order is confirmed, it will remain “pending” until payment is confirmed. If the payment method is credit card or Stripe, the user will be redirected to the bank platform; if it is bank transfer, payment instructions will be given.
7. If you want another product you will need to go through another purchase process.
8. Registered users can consult the state of their orders, which can be: “pending payment confirmation” “in progress” “finalised” or “cancelled”.

THE WEBSITE MANAGER RESERVES THE RIGHT TO SUSPEND THE PROCESSING OF AN ORDER AND WITHHOLD IT IF THERE ARE DOUBTS AS TO THE AUTHENTICITY OF THE USER SENDING IT, ALSO IN THE CASE OF NON-PAYMENT OF PREVIOUS ORDERS. ALSO THE RIGHT TO WITHHOLD THE ORDER IS RESERVED IN THE EVENT THAT SOME POINT IN IT HAS TO BE CONFIRMED.

THE PRICES OF THE PRODUCTS, SHOWN IN EURO IN THE ONLINE STORE, DO NOT INCLUDE THE TAXES APPLICABLE, WHICH WILL BE THOSE IN FORCE DEPENDING ON THE TAX RATE AT THE TIME OF ORDERING.

2.3. Form of payment.

The following payment methods are available to the registered user:

2.3.1- Credit card

The Website accepts payments via Banco Sabadell Redsys and allows Visa, Mastercard, Maestro, and UnionPay card.

When giving the order, the customer gives the details of his card, which will not be stored directly on his customer file during the purchase process.

2.3.2- Stripe

The customer can pay for subscription orders using the Stripe payment system.

2.3.3- Bank transfer

The user can pay for orders by bank transfer to the account indicated in the Online store. The holder of that bank account is the website manager.

2.3.4- Instalment payments

The Website manager can, in certain exceptional cases, expressly authorise other forms of instalment payments for large-scale regular customers.

2.4. Response procedure and form of despatch.

The products bought (licences) will be sent by e-mail to the e-mail address given by the user, and will need to be downloaded to the user's own computer by means of a user name and complex password.

During the order procedure, the customer has an opportunity to check that the details and indications given are free of errors before the order is sent.

GiD accepts no liability if the product is not delivered due to the data given by the customer being false, incorrect or incomplete, or when delivery cannot take place for reasons outside the control of GiD through technical problems in the receiving e-mail.

2.5. Claims and nonconformities.

Should there be any discrepancy or error in the product received the customer must bring this to the attention of GiD immediately, within a maximum of fourteen calendar days counting from the date on which the licence was received, by writing to e-mail: gid@cimne.upc.edu

The general procedure of claims for nonconformity with the order is as follows:

• The user receives a licence with which he is not satisfied and wants to return it, or has some other complaint.
• Following a report to the Website manager and after checking that the claim is founded, the appropriate solution will be processed within a maximum of fifteen days.
• If agreement cannot be reached between the parties on the cause of the claim and/or return of the product, the user will be free to take the appropriate legal action, whether extrajudicial or judicial, in the exercise of his rights as consumer.

2.6. Other processes.

Entering the Website as a registered user, the following processes are available:

• Reviewing orders
• The “Orders” section contains a record of orders, with their state and situation. Going into a particular order, the user can access the electronic document in which that order was formalised, as filed by GiD, for the purpose of dealing with any claim about it made by the user.
• Downloading contents
• In this section the user can download and/or print the General Terms and Conditions of Sale.

3. OBLIGATIONS OF THE PARTIES

Without prejudice to any obligations other than those arising from these conditions for the Website manager and/or the customer (user), both parties undertake to abide by and comply with the following:

GiD (CIMNE) undertakes as follows:

• To make available to customers and users the necessary information regarding the products and licences offered for sale on the Website.
• When the customer has sent the order, to send confirmation by e-mail acknowledging receipt of the request or order.
• To make these conditions of use of the electronic platform for orders available to customers and users, so that they can be stored, filed and/or printed by the user.
• To advise and inform customers and users of any changes that may occur in these conditions for use.
• To respond to the customer as soon as possible with information regarding any problem with the order sent.
• To comply with current legislation in matters of data protection in order to safeguard the information supplied by the customer (user).

The CUSTOMER undertakes and will be exclusively responsible for:

1. Making payment for licences that have been ordered through the electronic platform for orders on the Website.
2. Safeguarding and keeping absolutely confidential the identifier supplied as a registered user of the Website, also the personal password, taking responsibility for their nondisclosure to any unauthorised third party.
3. Any action taken outside the indications or instructions given in the Website with regard to the management of orders through the electronic platform.
4. That the data used to fill in the forms set out on the Website are true, accurate and up to date. The customer (user) also undertakes to keep these data updated at all times, including information in the e-mail acknowledging receipt of orders given; accepting the obligation and responsibility of supplying the Website manager with true and lawful contact or other details.
5. Liability for any direct or indirect manipulation of the content appearing on the Website for fraudulent purposes.
6. The direct or indirect loss and damages which may have been caused by any third party if the registered customer and/or user lost, disclosed, neglected or in any other way allowed a third party to acquire the necessary data and information to be able to access the electronic platform and give orders for products by assuming the identity of the customer (user).
7. All actions which may infringe the industrial and intellectual property of the Website.
8. Any unlawful act or omission which contravenes the terms of these conditions.

During the order procedure, the customer has the opportunity to check that the data and indications given are free of errors before finally sending the order to the Website manager.

Orders will be delivered to the e-mail address freely indicated by the customer (user). Therefore, GiD accepts no liability if the product is not delivered due to the data given by the customer being false, incorrect or incomplete.

4. LIABILITIES AND LIMITATIONS

The manager of the Web service cannot guarantee that use of the Website and/or the electronic platform will be continuous and uninterrupted. Nor can it be guaranteed that the information supplied is free of errors, as it is of a purely informative nature and is not binding on the Website manager.

In consequence, the Website manager does not guarantee and will not be liable for:

1. Uninterrupted continuity in the use of the Website, or any lack of availability and/or accessibility to it.
2. The absence of errors in the use of the Website.
3. The absence of viruses or other damaging components in the Website or in the server provider.
4. The invulnerability of the Website and/or the impregnability of the security measures adopted in it.
5. Any loss and damages caused, to the user himself or to a third party, by anyone who infringes the conditions of use of the Website or its security systems.
6. Any other damages that may be caused due to reasons inherent to a failure of functioning or defective functioning of the Website or of links located in the domain.

The above notwithstanding, GiD declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the electronic platform and prevent the existence of components damaging to customers and/or users.

The service provider applies maximum efforts to avoid errors in the contents published on the Website, in particular those relating to the descriptions and prices of the products and licences. All the contents that are offered through it are kept updated, GiD reserving the right to alter them at any time. In any case, the service provider takes no responsibility for consequences arising from any errors that may appear in the contents included in the Website and/or electronic platform.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

GiD (CIMNE) is the proprietor or has obtained the relevant licence or authorisation over exploitation rights in matters of intellectual, industrial and image property regarding the contents available through the electronic platform for orders, among others and as an indication but not limited to, all texts, graphic designs, drawings, codes, software, product catalogues, photographs, videos, sounds, databases, indices, images, trademarks, logos, expressions and information and, in general, any other creation protected by national regulations and international treaties on intellectual and industrial property (hereafter referred to, as a whole, as the Contents).

All intellectual and industrial property rights over the Contents are reserved with, in particular, a prohibition on altering, copying, reproducing, communicating publicly, transforming or distributing in any way all or part of the Contents included on the Website, whether images or text, for public or commercial purposes, unless having obtained prior, express and written authorisation from the proprietor of the relevant rights.

The user's access to and browsing on the Website, as well as use of the electronic platform for orders, in no case means any waiver, transfer, licence or assignment, total or partial, of the aforesaid rights.

In consequence, it is not permitted to delete, evade or manipulate the copyright notice or any other data identifying the rights of the respective copyright proprietors incorporated into the Contents, and this also applies to technical protective devices, or any information and/or identification mechanisms that may be contained in them.

References to trading or registered names and trademarks, logos or other distinctive signs implicitly carry a prohibition of their use without the consent of their legitimate proprietors. At no time, unless specifically stated, does access to or use of the Website and/or its Contents confer on the user any right over the trade marks, logos and/or distinctive signs included in it and protected by Law.

6. PERSONAL DATA PROCESSING AND CONFIDENTIALITY POLICY

The processing of personal data and any other information requested from users for the management and handling of online orders in the Website will be carried out subject to the terms of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereafter referred to as GDPR), Organic Act 3/2018, of 5 December, on Personal Data Protection and Guarantee of Digital Rights, and Act 34/2002, of 11 July, on services to the information society and electronic commerce; the data being processed for the purpose of managing the contractual relation arising from orders made through the electronic platform (Online Store).

The user is also informed that information supplied is subject only to the trading relationship established in the electronic order and will not be used for other purposes.

Also, by confirmation of sending personal data through the use of the form provided in the Website, the user gives express consent for the processing of his personal data for the following purposes:

Ø The processing and management of products purchased from the electronic platform for orders, invoiced by the Website manager in accordance with the data set out on the form available in that domain.

Ø The sending of advertising information on offers in the electronic platform for orders and news items regarding products marketed by GiD, the user expressly authorising the receiving and sending of information from CIMNE.

Ø Indefinite storage of the data by GiD in an anonymous format and for statistical purposes, regarding the volume of orders given by the user, unless the customer uses any of his rights of erasure, restriction of processing or portability of data.

Ø In the event of any noncompliance by GiD with the purposes envisaged in these conditions, the user has the right to file a claim with the Catalan Data Protection Authority.

In the same way, in compliance with principles of data quality, the user undertakes to provide true, accurate, complete and up-to-date data that truly reflect his situation.

7. RIGHTS OF ACCESS, RECTIFICATION, WITHDRAWAL, OBJECTION, ERASURE, RESTRICTION OF PROCESSING AND PORTABILITY OF DATA

GiD informs the user that he can exercise the rights of access, rectification, objection, erasure, restriction of processing and portability of data in the terms provided in current legislation, by sending an express communication addressed to the Website manager which must contain:

• The data subject's name and surnames, a photocopy of his national identity document, passport or other valid identification document.
• The specific request concerned.
• Address for purposes of communications.
• The date and the applicant's signature.
• Documents in support of the request made, where appropriate.

This request will be attended to by the Website manager in the terms provided in GDPR 2016/679 (EU).

8. DURATION OF THE SERVICE AND ALTERATIONS

These conditions will remain in force and will be valid throughout the time that they are accessible to customers and users through https://www.gidsimulation.com

GiD reserves the right to alter the terms and conditions set out here unilaterally, being obliged to announce any such change in these conditions. The timescale of validity of these conditions coincides with the time that they are displayed, up to the point when they are totally or partially amended.

The user expressly accepts the use of e-mail as a valid procedure for the exchange of information and the sending of communications between them and/or GiD.

Each of the parties will be exclusively responsible for compliance with the obligations arising for each of them from the regulations in force and of application, and for their duty to keep the other party indemnified against actions, complaints and/or claims which may be brought by third parties due to any default.

In the event that any provision or provisions in these general conditions should be considered null or inapplicable, in all or in part, by any Court, Tribunal or competent administrative body, that nullity or inapplicability will not affect the remaining provisions. In that case, the parties agree to replace the relevant clause or clauses by another or others with effects as close as possible to those replaced.

Should the Website manager not exercise or implement any right or provision contained in these general conditions of use, this will not mean a waiver of that right or provision, unless it is recognised and agreed in writing by that party.

9. LEGISLATION APPLICABLE AND COMPETENT COURTS

These conditions of use of the electronic platform for orders on the Website will be governed and construed in accordance with the European and Spanish regulations that are of application to them, the Courts and Tribunals of the city of Barcelona being competent.

10. GUARANTEES ON PRODUCTS BOUGHT IN SPAIN

To make claims under the guarantee, the consumer can apply to the vendor and the manufacturer of the product.

• The Law establishes a general guarantee period of 2 years following the purchase.
• If the fault appears during the first 6 months after delivery of the goods, it is presumed to be a fault at origin, so the consumer need not produce proof to make the guarantee effective.
• If the problem appears after those 6 months, the manufacturer or the vendor can require the consumer to demonstrate that the fault existed at origin.

11. CANCELLATION

The consumer has the right to withdraw from any contract entered into remotely during a period of 14 calendar days, without the need for any justification, by contacting the Customer Attention department to obtain the appropriate instructions.

12. ALTERATIONS IN THE SERVICE OR VARIATIONS IN CONDITIONS

GiD reserves the right to make changes in the terms and conditions of the contractual relations established. If any of these Conditions of Use should be declared invalid, null, or ineffective for any reason, that condition can be excluded, without such declaration affecting the rest of the conditions validly established and regulated in this document.

13. USE OF COOKIES

Cookies are unique identifiers that the Website sends to the device from which the user made his connection, for the purpose of gathering and storing data which can then be updated and recovered by the entity responsible for their installation. Depending on which entity manages the domain from which the cookies are sent, they can be classified as:

• Own cookies, which are those sent to the user's equipment terminal from a system or domain controlled by the Website manager and from which the service received by the user is provided.
• Outside or third party cookies are those sent to the user's equipment terminal from a system or domain not controlled by the Website manager, but by another different entity which processes data obtained through cookies.

Most of the cookies maintained on the Website are what are called own cookies; their purpose is concerned with the user's access and entry, user authenticity or identification when starting a session, and user security when sending orders. Any other anonymous data stored on the platform will be simply statistical and will not be linked to the user.

14. ALTERNATIVE RESOLUTION OF DISPUTES

In accordance with article 14 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, we provide access to Online Dispute Resolution through the following link to the ODR platform http://ec.europa.eu/consumers/odr/ .

Claims made can be sent to the Website manager's e-mail, indicated at the beginning of these legal conditions.

The period for resolving such disputes is ninety calendar days. Before filing a claim it is advisable to try to contact the manager of the Website concerned, since the party claimed against has to accept taking part in the procedure, or can propose one or several organisations for extrajudicial resolution of conflict in order to process the relevant claim. Once the claim is accepted there is a period of thirty days for the parties to agree on the body that will process it and if an agreement cannot be reached the claim will be closed. Claims must be submitted personally or through a legally authorised representative.

This platform is an alternative to the traditional legal route for the resolution of conflicts relating to electronic commerce within the European Union, and constitutes a unique window for consumers and traders wishing to achieve an extrajudicial resolution to litigation in these matters. Its use is free and it is accessible through the link indicated above, http://ec.europa.eu/consumers/odr/ in all the European Union languages.

Barcelona, June 2020