1.-Object
These General Conditions for the Provision of Services (hereinafter referred to as General Conditions) apply to all orders placed with ElbaTrad through its tax form Royal Elba SL (hereinafter referred to as ElbaTrad) by the Customer and constitute a legal contractual commitment between the Customer and ElbaTrad with respect to the performance of translation and apostille services.
In the event that the parties expressly agree to work according to Special Conditions, the provisions of these Special Conditions shall prevail over those that conflict with the General Conditions, the rest remaining unchanged. The possible invalidity of any provision shall not affect the validity of the remaining provisions.
The customer’s own General Terms and Conditions shall only apply after express written acceptance by ElbaTrad.
Upon acceptance of the quotation, the Customer shall be deemed to have accepted the General Terms and Conditions, without the need for further confirmation, unless there is a change in the General Terms and Conditions within the established period. In this case, the Customer will be provided with the General Terms and Conditions again for acceptance.
The use of the web platform made available by ElbaTrad and the submission of Original Material by the Customer implies the Customer’s acceptance of all General Terms and Conditions.
2.-Definitions
– ElbaTrad: refers to the brand name of the website www.elbatrad.com, a translation company managed by Royal Elba SL.
– Royal Elba SL: refers to any of the brands of Royal Elba SL, as well as its internal employees and authorised external collaborators.
– Client: refers to the person, company, organisation, etc., who hires or pays for the work, or the person authorised to represent him/her by a company, organisation, etc.
– Sworn translation: refers to the translation and certification of a Translation by a Sworn Translator certified by the MAEC or the corresponding body in each case. The Sworn Translation work is carried out by a single professional sworn translator and includes a self-revision by the same sworn translator. It does not include a revision by a different professional translator.
– Translation: refers to the translation of a message in a Source Language into an equivalent message in a Target Language, in accordance with good professional industry practice.
– Sworn translator: refers to the professional internal employee or external collaborator of ElbaTrad in charge of carrying out the sworn translation. The Sworn Translator is certified by the MAEC or by the corresponding entity in each case.
– Source Language: refers to the language in which the Original Material is written.
– Target Language: refers to the language into which the content of the Source Material is to be translated, resulting in a Final Material.
– Original Material: means the documents and other material provided to ElbaTrad for the purpose of performing the sworn translation services in accordance with these Conditions.
– Final Material: refers to the final translated and certified version of the Original Material.
– Urgent: refers to those orders whose delivery time is expressly identified as Express delivery.
3.-Budgets
The quotation offered by ElbaTrad is free of charge and without obligation.
At the quotation stage, the Customer must provide ElbaTrad with the information necessary for the correct preparation of the quotation (source language, target language, type of document, number of additional copies, etc.).
The budget ElbaTrad offers includes:
- The Sworn Translation service, which includes the sworn translation itself, certification, signature and the corresponding official stamp;
- The type of document;
- The language combination of the order;
- The number of copies requested;
- The total cost of the order;
- Discounts, fees, taxes. Unless explicitly specified, quotations include IGIC, which will be broken down in the finalisation part of the order and applied on the corresponding invoice;
- The approximate delivery date of the order.
4.-Prices and tariffs
Unless specifically indicated, the rates include taxes but do not include shipping costs. Shipping costs, if applicable, can be found in the quotation.
ElbaTrad will perform the stipulated service and invoice according to the terms and prices indicated in the quotation.
Promotional offers cannot be combined with each other or with other discounts.
Offers and quotations indicated on ElbaTrad are only valid at the time they are made, and will not be considered binding for ElbaTrad, unless explicitly stipulated otherwise. Discounts not used and offered by ElbaTrad may be cancelled unilaterally without prior notice. Furthermore, discounts are only applicable at the time the order is placed, and no discounts will be applied after the order has been placed.
ElbaTrad reserves the right to modify prices and rates as well as the estimated delivery date that have been indicated in previous quotations. ElbaTrad will inform the Customer of the new costs or proposed delivery dates before finalizing the Order.
We always check prices and deadlines as part of our processing procedure before we start the work.
5.-Order
All orders will be confirmed upon acceptance of the quotation and full payment in advance by the Client, and must be accompanied by all the information necessary for the correct performance of the requested service. If the Customer has not informed ElbaTrad about any of the important aspects of the service, the Customer will not be entitled to claim any discount or compensation for any deficiencies or delays arising from the same.
The delivery time specified in the quotation for the completion of the order is approximate based on the date of the quotation, on which it is assumed that payment will be made. If payment of the order is not received immediately after acceptance of the quotation, this may result in delays in the completion, dispatch and delivery of the work. ElbaTrad cannot be held responsible for any delays in the completion and delivery of the order in accordance with the dates initially proposed in the event of delays on the part of the Client in making the corresponding payment.
In the event that ElbaTrad does not receive the full payment indicated in the quotation, ElbaTrad reserves the right not to start the order until the full amount is paid.
In the event that ElbaTrad is unable to carry out your Order under the conditions indicated by the quotation because, for example, there has been a manifest error in the dates or costs indicated, we will inform you by email as soon as possible and we will not process your Order. If you have already paid for the Order, we will refund the full amount as soon as possible.
6.-Lending
The Client represents and warrants that a) it owns or has the right to use or transmit the Original Material; and b) that the translation of the Original Material and the publication, distribution, sale or other use to which the Original Material is put does not infringe any copyright, trademark, patent, confidentiality or other rights of any third party and will therefore be used only for purposes permitted by law.
The Service comprises the Translation, Sworn Translation, Apostille and delivery of the Order by the means agreed in the quotation. In the event of receiving non-editable Original Material, the delivery of the Order shall be carried out in a format as close as possible to that of the Original Material, at the discretion of the sworn translator responsible for the execution and signing of the Order, the sworn translator being able to choose to do so by means of running text and filling in the end of the lines with dashes, as is done by notaries.
The Order shall be deemed to be completed upon delivery of the sworn translation in pdf or paper format (as requested by the customer when placing the order), certified, signed and stamped by the corresponding sworn translator.
The Client is specifically advised that the only legally valid versions in Spain are those delivered on paper, with the signature, stamp and certification of the corresponding sworn translator.
7.-Delivery deadlines
In any of the delivery modes offered by ElbaTrad, the delivery time indicated in the Order is approximate. ElbaTrad will use its best efforts and make available all reasonable means to deliver in the manner and within the time period indicated.
If the proposed delivery time cannot be met, ElbaTrad will inform the Customer within a reasonable minimum period of time, as soon as possible, and will agree on another delivery time with the Customer. Delivery will be deemed to have taken place when it has been demonstrably carried out in the agreed manner and at the agreed place. The delivery time will be deemed to have been missed if the delivery is delayed by more than 48 hours for reasons directly and exclusively attributable to ElbaTrad, such as delays in the dispatch of the Orders, and the Customer has demonstrably informed ElbaTrad of the situation by e-mail or telephone sufficiently in advance.
In the event of delays of more than 48 hours, and provided that such delay is directly and solely attributable to ElbaTrad and that no agreement has been reached with the Customer to change the delivery date, a refund, defined between the parties, of an amount less than or equal to 100% of the work delivered late will be made.
In no event will ElbaTrad be responsible for delays due to force majeure or circumstances not attributable to ElbaTrad, including illness, accident or temporary disability of the staff, malfunction of fax, e-mail and other postal or ground means not directly controlled by ElbaTrad. ElbaTrad is also not responsible for any delays in delivery due to late delivery of the Original Material, not being in the correct format, not being delivered by the Customer by the agreed deadline, payment not being made on the date of order request or errors in the shipping address provided to ElbaTrad. Delays resulting from force majeure or circumstances not attributable to ElbaTrad do not provide an automatic right of cancellation.
ElbaTrad undertakes to ship by the agreed method in sufficient time for the carrier to deliver on time. In any case, ElbaTrad is not responsible for delays or non-deliveries that have been sent on time by ElbaTrad and for which the carrier is responsible for the delivery. The transport service is offered as a value added service for the Client, so it is completely outsourced and the responsibility for deliveries, service and deadlines offered by the transport company is accepted by the Client.
ElbaTrad also offers deliveries in our physical office at Calle Hermano Pedro 7, local 2, 38670 Adeje, Santa Cruz de Tenerife.
Deliveries will be made to the delivery address indicated on the Order and may require the signature of the recipient. Your telephone number is essential for the carrier. In the event that you are not available to receive the Order, the carrier will be responsible for leaving a note with instructions on how to reship or pick up the package at the carrier’s office. ElbaTrad will not be responsible for any delay in the delivery of the Order in case of absence of the recipient at the indicated shipping address or in cases where the delivery is unjustifiably refused or the shipment is not picked up at the carrier’s office (within 10 days after the first delivery).
In case of return by the transport company, the Customer will have to pay the new shipping costs.
In the event that it is necessary to resend the work, without the existence of a return, for reasons attributable to possible errors in the delivery data or delivery address provided by the Client and which cause the consequent delay or non-arrival of the delivery, this resending will be considered a copy.
If it is necessary to make copies of the documentation already sent and not received by the Client for the reasons described above, this service will be charged by means of a specific estimate. The cost of shipping will depend on whether the shipment is to the Canary Islands, insular Spain or the rest of the world; this cost will be calculated by means of a specific quote. In any case, any new shipment will only be made once ElbaTrad has received full payment of the amount specifically quoted.
In the event that the client, after placing the order for a sworn translation, requires additional paper copies, each of these copies will be charged at a minimum administrative cost of 10 EUR (IGIC not included), or half the initial translation cost, plus the corresponding delivery costs specified above, unless there is a specific quotation.
In the case of orders requested with pdf download only, and when the client, after the request for such translation order, requires paper copies, each of these copies will be charged at a minimum administrative cost of 10 EUR (IGIC not included), or half the initial translation cost, plus the corresponding shipping costs specified above, unless there is a specific quote.
8.- Modification/cancellation of the order
8.1.- Modifications or additions to the Original Material
In the event that the Customer requests to make a modification or addition to the Original Material during the placement of the Order, the Customer shall immediately give ElbaTrad clear indications in writing about the changes to be made and the position with respect to the previously submitted copy.
As soon as possible, ElbaTrad will inform the Customer about the impact in terms of cost and time required to make the modifications or additions to the Original Material, which will be calculated based on the quantity and nature of the variations, as well as the volume of the Order that has already been completed.
It shall be the Customer’s responsibility to bear the cost of such modifications or additions.
8.2.-Order Cancellation
In case of default on the part of ElbaTrad or the Customer, both parties have the right to cancel the Order by informing the other party in writing. Furthermore, the Customer has the right to cancel the Order for any reason by informing ElbaTrad in writing, provided that the status of the Order is set to “Unfulfilled”.
Due to the inherent characteristics of translation work, it shall not be possible to cancel orders whose production status has already begun at the time of cancellation of the Order.
9.- Quality of service
ElbaTrad will provide the service within the agreed deadlines and on the basis of standard quality levels, with maximum fidelity to the original, with a wording in accordance with the uses and practices of the profession, translating/revising special terms in accordance with their conventional meaning. ElbaTrad will also make every effort to take into account and integrate into the Order the information provided by the Client, provided that the characteristics of the Order allow it.
ElbaTrad declines all responsibility in case of inconsistency, ambiguity, poor quality, spelling mistakes, inaccuracies, incorrectness, etc. in the Original Material. The verification of the technical consistency of the Original Material is the sole responsibility of the Client. ElbaTrad has the ability to correct such defects in the translation.
In the event of disagreement over terminology, ElbaTrad undertakes, in all good faith, to try to find the solution that best meets the Customer’s requirements and to make corrections as quickly as possible, without, however, calling into question the content of the document as a whole. In the event that the Client does not explicitly make any complaint upon receipt of the translation, the translation shall be deemed to conform to the order, both in qualitative and quantitative terms.
10.-Complaints
The Customer must notify ElbaTrad in writing of any complaints regarding the Order Performance within thirty (30) calendar days of Delivery. The Customer shall also provide arguments about the content as well as a detailed description of the complaint or possible translation errors (specified below in point 11), with reference to glossaries, dictionaries, common industry practice, etc.
In the event that the complaint is justified, ElbaTrad will proceed, at no extra cost and within a reasonable period of time, to review and correct all or part of the Order and, in such case, may offer the Customer a discount for the inconvenience caused.
In the event that the Client has not made any complaint after the deadline set out above, the Client shall be deemed to accept in full and without reservation the Final Material delivered and ElbaTrad shall not assume any responsibility or liability for possible translation errors.
Any claims made at a later date will only be processed if ElbaTrad accepts them on the basis of its goodwill.
After this period, ElbaTrad shall remain liable for errors which the Customer proves to have been caused intentionally or negligently and which it could not reasonably detect during the period after Delivery. ElbaTrad will be completely released from this liability one (1) year after delivery to the Customer.
The Customer grants full validity to the records stored in ElbaTrad’s systems relating to conversations between ElbaTrad and the Customer, unless proven otherwise.
11.- Translation errors
Translation errors will be considered:
– Serious grammatical and spelling errors.
– Fragments of text not translated.
– Translations whose meaning is clearly erroneous.
Translation errors cannot be considered:
– Typographical errors.
– Stylistic and taste issues.
– Discrepancies arising from possible ambiguities in the Original Material.
– Disagreements related to the terminology used, unless the Client has provided precise information and indications in this respect.
12.- Limits of liability
ElbaTrad only and exclusively carries out sworn translations in accordance with the applicable Spanish regulations in force(http://www.exteriores.gob.es/Consulados/HAMBURGO/es/VivirEn/direcciones/traductores/Paginas/ValidezDocumentos.aspx). In this sense, ElbaTrad does not guarantee the acceptance, by the requesting entity, of the sworn translations carried out, for reasons that are not attributable to ElbaTrad or that exceed the current Spanish regulations regarding sworn translations. Some examples of this, but not only, are:
- absence of legalisation or apostille on foreign public documents;
- delivery of the pdf version;
- no precise indication of specific sworn translators required by a consulate, embassy or agency;
- other reasons.
ElbaTrad disclaims all liability for errors caused by erroneous or ambiguous terminology or wording in the Original Material or in the stipulated instructions. Furthermore, ElbaTrad is not liable for corrections or changes made to the Order by the Customer or any other person after Delivery.
ElbaTrad is exempt from any liability in the event of delays or non-deliveries due to causes attributable to the transport company.
ElbaTrad is liable for direct damages caused to the Client for a total economic amount, at most, of the amount received for the Order. In any case, ElbaTrad assumes no liability for any indirect or consequential damages, nor for any direct or indirect damages arising from claims made against the Client by third parties resulting from the services performed by ElbaTrad.
This limitation, however, does not apply in cases where ElbaTrad acts intentionally in bad faith or negligently.
The Client undertakes to send ElbaTrad only copies of the data to be processed; under no circumstances (unless strictly necessary) will the Client send the originals. ElbaTrad is not responsible for the return, loss or damage of the Original Material. In the event that the Original Material delivered to ElbaTrad is unique or valuable, it will be the Client’s responsibility to purchase an adequate insurance policy to cover possible damages resulting from the loss or total or partial destruction of such material.
In the case of translations requested on paper (post/courier), ElbaTrad provides the client with a scanned version of the sworn translation in pdf format, free of charge and at no additional cost to the client. In this situation, ElbaTrad is only responsible for the quality and clarity of the paper documents.
ElbaTrad uses anti-virus and firewall software to protect itself from possible computer attacks; however, ElbaTrad is not responsible for any damage caused by the possible transmission of viruses, worms, Trojans, spyware, etc. to the Client. The Client is obliged to verify that the computer files are free of any viruses or harmful code before sending them to ElbaTrad and also undertakes to verify the cleanliness and integrity of the computer files received from ElbaTrad before their use. In case of infection of our computer systems for reasons attributable to the Customer, ElbaTrad reserves the right to cancel the order in whole or in part.
13.- Terms and forms of payment
The Customer who places the Order (acceptance of the quotation) is the first and only party ultimately responsible for the payment of the contracted services, even in cases where the Customer is not the final recipient of the Order or places the order on behalf of a third party.
In accordance with the conditions set out in the Quotation or the particular conditions with the Customer, ElbaTrad will inform the Customer of the amount to be paid by the Customer in advance for the performance of the Order.
ElbaTrad provides the Customer with a specific field to indicate the invoicing details just before finalising the purchase process.
Upon receipt of payment, ElbaTrad will issue the corresponding invoice with the billing details indicated in the purchase process.
The Customer consents to ElbaTrad issuing invoices for the service in electronic format (pdf). The invoices will include the applicable taxes and fees in accordance with current legislation.
In the event that after the order has been placed, the customer requests a modification of the invoice for any reason beyond ElbaTrad’s control, this modification will be made at a one-off administrative cost of 15 EUR (IGIC not included).
Unless the parties agree on another term and method of payment (bank transfer or cash), payment shall be made via virtual payment gateway for credit/debit card payments and Bizum. In the case of bank transfer, the Customer shall bear the costs of exchange, transfer, etc.
In the event that a deferred payment is stipulated, in accordance with current Spanish law, the maximum payment period is sixty (60) days (except for particular modalities agreed between the Parties), from the date of issue of the invoice. In the event of late payment of amounts owed by the Client after the date stipulated in the invoice sent, ElbaTrad may decide, at its sole discretion, to apply late payment penalties. The applicable rate for the calculation of these penalties will be the late payment interest rate of 7% for each month of delay in payment, applied to the invoice amount, as well as a compensation for administrative and management costs of 80 Euros, in accordance with Article 7 of Law 3/2004 on Late Payment. These penalties will be applied from the day following the due date specified on the invoice, and will be automatically and automatically due to ElbaTrad, without any formality or request being required. They will give rise to the immediate payment of all amounts that the Customer may owe ElbaTrad, without prejudice to any other action that ElbaTrad may be entitled to take against the Customer in this respect. In the case of instalments, when the Client is notified of the non-payment of an interim payment, ElbaTrad may interrupt any intervention on the service entrusted to it by the Client, until the unpaid amount has been paid or the application of new conditions has been agreed. Recourse to such remedy shall not affect any amount due and shall not cause ElbaTrad to incur any liability to the Customer or to any third party. In the event of non-compliance with the above payment conditions, ElbaTrad reserves the right to cancel the performance of the services requested by the Customer, to suspend the execution of its obligations and to cancel any discounts granted to the Customer until full payment is received. Furthermore, in the event that the invoice amount is not paid within the period indicated in the Spanish law in force, ElbaTrad reserves the right to include its name and company details in the Register of Unpaid Acceptances (RAI).
In the event of non-compliance with the above payment conditions, ElbaTrad reserves the right to suspend its services, without the Customer having any recourse in this respect. The application of this clause will not exempt the Client from payment of the invoices due.
14.- Title, ownership and rights of use
For deferred payments, and unless expressly indicated, all rights of ownership, use, exploitation and authorship will remain in the exclusive possession of ElbaTrad until such time as the total amount of the corresponding invoice is paid to ElbaTrad in accordance with the payment conditions specified in the quotation, invoice, these general conditions or those expressly agreed in each case. When such payment is made, all such rights will be automatically transferred to the Client.
In this regard, any total or partial use of an Order not paid in full in accordance with the corresponding agreed and accepted payment conditions will constitute an unlawful use and misappropriation, in which case ElbaTrad reserves the right to demand immediate payment of the Order and, if applicable, compensation derived from the copyright, as well as the right to act against the infringer with all legal and administrative means at its disposal.
Notwithstanding the foregoing, the Customer acknowledges that ElbaTrad is the sole and exclusive owner of all rights related to a)inventions, methodology, innovations, data, technology, programs and databases used or developed in and during the performance of the Order by ElbaTrad.
15.- Confidentiality
ElbaTrad undertakes to respect the confidentiality of the information brought to its knowledge, both before, during and after the performance of its services. The Original Material will be returned to the Client upon request.
ElbaTrad guarantees that its employees and collaborators have expressly accepted and signed a confidentiality clause and that they work in accordance with the code of ethics of their profession and in good faith.
ElbaTrad shall not be held liable in the event of interception or misuse of information when sending data, in particular via the Internet or any other physical means. Consequently, the Customer must indicate to ElbaTrad, in advance or at the time of placing the Order, the means of delivery that he/she wishes to be used to ensure the confidentiality of any sensitive information.
Before sending any document or information to ElbaTrad for the purpose of placing the Order, the Customer must ensure that he/she is authorised to do so. Therefore, he/she must be the author of the original document or have obtained prior written authorisation for the request of the Order in question from the copyright holder of the documents. Otherwise, ElbaTrad shall in no way incur any liability if all or part of the documents entrusted to it by the Customer violate the intellectual property rights (or any other rights) of third parties, or the applicable regulations. If applicable, the Client alone shall bear the possible damages and financial consequences to which its negligence may give rise.
The Client authorises ElbaTrad to store and use the Original Material and the Final Material for the duration of the contract for the sole purpose of providing the commissioned services. Without the prior written consent of the Client, ElbaTrad is not authorised to publish, disclose or release any confidential information to third parties, with the exception of ElbaTrad’s authorised collaborators, whose operational or consulting role requires them to be given access to this information in order to perform the requested Order. The provisions of this paragraph shall not apply when ElbaTrad is required by law to communicate such information or when such information is, is derived from or becomes, in the public domain without prior disclosure by ElbaTrad. Furthermore, the Client authorises ElbaTrad to carry out commercial or marketing actions related to the nature of the Order without disclosing any sensitive, confidential information or information that could damage the image or cause any direct or indirect damage to the Client or its customers.
For the execution of the Order, ElbaTrad is authorised to engage and subcontract collaborators, qualified third parties and sworn freelance translators, etc. who, in turn, are subject to the obligation of professional secrecy and confidentiality. Unless otherwise specified in writing, ElbaTrad may consult experts related to the subject matter of the Order in order to ensure the quality of the Order itself without disclosing sensitive or confidential information.
Any contact between the Customer and the third party commissioned by ElbaTrad for the execution of the Order shall be subject to the prior, explicit and written approval of ElbaTrad. Without the express approval of ElbaTrad, the Customer shall not be authorized to contact the professional(s) executing the Order requested by the Customer, neither within the scope of this Order nor for subsequent orders, for a period of three (3) years from the last Order assigned to ElbaTrad.
The obligation of confidentiality shall continue to apply after the end of the contractual relationship.
Furthermore, unless the Customer expressly requests otherwise, the Customer authorises Royal Elba to disclose the Customer’s identity and logo among the commercial references, commercial documentation and website of the Royal Elba group, without this free authorisation granting Royal Elba any rights relating to the Customer’s name or logo, which remain in any case the exclusive property of the Customer.
16.- Data Protection
In accordance with the provisions of Organic Law 7/2021, of 26 May, on the Protection of Personal Data and its implementing regulations, the customer is informed and consents, to the extent legally required, to the following circumstances:
- Your personal data will be included and processed in the personal data files owned and managed by ElbaTrad, for the purpose of managing the contracted service, for internal use, offering and carrying out operations, as well as for the administrative, economic and accounting management derived from the provision of said service.
- ElbaTrad may communicate or transfer your data to other entities related to the provision of services of the entity or auxiliary to these, for the aforementioned purposes (such as collaborators, financial entities, consultancies, etc.), under the terms provided for in the aforementioned Law.
- The Client may exercise their rights of access, rectification, cancellation and opposition under the terms established in current legislation, by contacting ElbaTrad at its registered office by any means that allows accreditation of sending and receipt.
Likewise, in accordance with the provisions of article 22 of Law 34/2002, of 11 July, on information society services and electronic commerce (LSSICE), ElbaTrad informs the Client of its intention to send commercial communications by e-mail or by any other equivalent means of electronic communication. If you do not wish your data to be processed for the purposes described here, you may indicate this in writing in any communication with ElbaTrad.
17.- Modifications to the General Conditions for the Provision of Services
ElbaTrad reserves the right to modify its General Conditions of Service at any time and without prior notice. It also undertakes to keep the General Terms and Conditions accessible to the Client and updated via the website. Any new version of the General Terms and Conditions shall invalidate those drawn up at an earlier date.
18.- Address and notifications
The address of Royal Elba SL is C/ Hermano Pedro 7, Adeje, St. Cruz de Tenerife, Spain and, for notification purposes, the e-mail address is info@elbatrad.com. Company registered in the Mercantile Register of Tenerife, Volume 3726, Folio 54, Section 8, Page TF-65846, Inscription 1 – CIF B-42834002.
For the purposes of notifications, the Client’s address will be considered to be the address stated in the Client’s file with ElbaTrad, in accordance with the data provided by the personnel authorised by the Client.
19.- Applicable Law and Jurisdiction
The General Conditions for the Provision of Services shall be governed by Spanish law. ElbaTrad, its legitimate owner and the Client, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction of the Courts and Tribunals of Adeje (Spain).