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Condiciones de venta

Last updated on March 22, 2024

Please read these Purchasing Terms and Conditions carefully before you complete any transactions via the Website as these Purchasing Terms and Conditions will apply to your transaction. We recommend that you print a copy of these Purchasing Terms and Conditions for future reference. If you do not agree with these Purchasing Terms and Conditions, you must not use our Website to make a purchase.

  1. Defined Terms
    1. For ease of reference the following terms shall having the following meanings in these Purchasing Terms and Conditions:
      1. “Customer", "you" and "your" means you, the buyer of any Services;
      2. “Order” has the meaning given in section 3.1 below;
      3. “Order Confirmation” has the meaning given in section 3.4 below;
      4. "Services" means any products, goods and/or services offered for purchase or booking via the Website;
      5. “Scale My Company Contract” has the meaning given in section 2.3 below;
  2. Introduction and relationship between you and us
    1. This Website is operated by Scale My Company, a company registered in Spain under company number Y3111053H and whose registered office is at Carrer de la Cera 53, Piso 2º 2ª, 08001 Barcelona, Spain, with VAT registration number Y3111053H ("Scale My Company", "us", "we" or "our" for short).
    2. The Website allows you to book and pay for a broad range of consultancy services or to access certain rich content. Those Services and/or content are provided by Scale My Company. The provision of the Services and/or content booked or purchased via our Website is the responsibility of Scale My Company which provides them.
    3. The legal implications of this is that when you purchase or book Services and/or Content, it will create one binding legal contract between you and Scale My Company (under which Scale My Company has certain responsibilities to you in relation to the purchase or booking) (the “Scale My Company Contract”). That contract is made based on these Purchasing Terms and Conditions.
    4. We might amend these Purchasing Terms and Conditions from time to time as set out in clause 9. Every time you wish to make an Order on the Website, please check these Purchasing Terms and Conditions to ensure you understand the terms which will apply at that time.
  3. Orders and how the contract is formed between you and us
    1. There are two types of order ("Order") you can make on the Website: (a) Orders for Services and (b) Orders for Rich Content.
    2. The Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each stage of the Order process and before finally submitting your Order.
    3. The Scale My Company Contract will be formed when we send you a written confirmation (usually by email) (“Order Confirmation"). Your Order Confirmation is your receipt from Scale My Company. If you require a VAT receipt you need to contact us. See clause 7.2 for more information.
    4. For booked services, if you wish to reschedule your appointment details (time/date) (in whole or in part) after you have received an Order Confirmation, provided your appointment is not due to take place within the next 24 working hours, then please reply to the Order Confirmation email, or by contacting us via email or phone, and we will endeavour to offer you a suitable alternative time and/or date. Please note that our ability to accommodate your request will be subject to our availability during the time you wish to reschedule. If we are unable to accommodate your request to reschedule your appointment, whether or not you are eligible for a refund will depend on whether or not we are able to offer availability within the next four weeks.
      1. If we are unable to offer availability within the next four weeks, your appointment will be treated as cancelled by you and you will receive a refund; or
      2. If we are able to offer availability within the next four weeks, your appointment will be treated as cancelled by you and you will not receive a refund.
    5. If you wish to cancel an Order before you have received an Order Confirmation, please contact us by email. If you wish to cancel an Order after you have received an Order Confirmation, please refer to our cancellation policy in clause 5 below.
    6. Please note, as set out in our Website Terms of Use, we reserve the right to withdraw access to our Website and/or cancel any Order in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account.
  4. Services
    1. We are under a legal duty to provide Services that are in conformity with the relevant Scale My Company Contract.
    2. All Services shown on the Website are subject to availability and the images and/or descriptions of the Services on the Website are for illustrative purposes only and actual Services may vary from those images and/or descriptions. We endeavour to ensure that all information provided on our website is accurate, up-to-date, complete and in no way misleading.
    3. If you are a consumer, you have legal rights in relation to services that are not performed with reasonable care and skill or are otherwise not as described. Advice about your legal rights is available from the competent authorities in your region. Nothing in these Booking Terms and Conditions will affect these legal rights.
    4. It is your (or the person receiving the Services) sole responsibility to disclose to us in advance of or while the service is being provided, all information necessary for the proper delivery of the Service (for example, without limitation, company information, specific laws relating to your business, confidential matters that might impact the outcome, economic information, persons with whom we will have access, levels of access to information,...). Subject to clause 8.3, if you (or the relevant recipient of the Services) fail to disclose any such information to us, neither Scale My Company nor their employees shall be liable to you, your company (or the recipient of the Services) for any injury, loss, economical impact or damages resulting from the Services that could reasonably have been avoided if you, the company (or the recipient of the Services) had disclosed that information prior to receiving the Services.
  5. Cancellations
    1. In addition to your other legal rights, you may in certain circumstances have the right to cancel a Scale My Company Contract and receive a refund or a credit note in accordance with the terms set out in this clause 5.
    2. If you change your mind about an Order and wish to cancel it, the following cancellation terms apply:
      1. Booked services
        1. You may cancel (in whole or in part) a booked service up to 72 hours after you receive the order confirmation email and we can offer you a full refund of the applicable amount via the original method of payment. However, if you cancel after 72 hours after you receive the order confirmation email, you will not be eligible for a refund.
        2. Cancellations of Booked services must be made by the following methods:
          1. reply to the order confirmation email, giving the reason for the cancellation;
          2. send us an email indicating the order number and the reason for cancellation.
        3. PLEASE NOTE THAT NO REFUND WILL BE GIVEN WHERE A CANCELLATION IS ATTEMPTED 72 HOURS OR MORE FROM THE TIME YOU RECEIVED THE ORDER CONFIRMATION EMAIL.
      2. Rich content
        1. You cannot cancel the purchase of rich content once you have received the order confirmation email due to the type of purchase. In fact, as the content is available immediately, you could take advantage of it after a possible refund.
  6. Resolving Issues
    1. We care about your experience and want to ensure we maintain the highest standards possible and so if you would like to make a complaint about one of our Services or Rich Content, please contact us by email and we’ll do our best to help.
    2. Following receipt of a complaint we will try to resolve the issue according to the type of purchase made.
      1. Rich content
        1. We will evaluate the comments made in all circumstances, and may correct the content if necessary and at our sole discretion.
      2. Booked service
        1. We will consider your feedback in all circumstances and will work with you to understand your expectations in the best possible way and offer you, depending on the situation: a new approach, and/or a different objective, and/or a different methodology, and/or a different deadline, and/or any suggestions you may have.
    3. If we are unable to resolve the issue, if we consider it to be fair in all the circumstances, we may at our sole discretion elect to:
      1. give you a credit note for the disputed/complained about amount of your Order reduced by all the time already invested by Scale My Company. Each hour worked costs €250 excluding VAT. (to be redeemed on the Website to reduce the purchase price of any further order); or
      2. as a last resort or in extreme circumstances and always at our sole discretion refund the disputed/complained about amount directly to you via the original method of payment, reduced by all the time already invested by Scale My Company. Each hour worked costs €250 excluding VAT. . Please note that it might take up to 30 days to receive a full refund in such cases.
  7. Price and Payment
    1. Prices and any applicable delivery and/or processing charges will be as quoted on the Website but may be subject to change by Scale My Company at any time (in which case the Website will be updated accordingly) and it is possible that, despite our best efforts, some of the pricing and other information shown for certain Services is incorrect. If the Service’s correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If your Order has been accepted and you have been sent an Order Confirmation before the pricing error was realised, if the pricing error is obvious and could reasonably have been recognized by you as a pricing error, we will provide you with the option of reconfirming your Order at the correct price, failing which the Order will be cancelled. Where an Order is cancelled we will refund you any sums you have paid.
    2. Scale My Company has full responsibility for accounting for VAT on the total value of the Order, where applicable. Contact us by email to obtain a VAT invoice, where applicable.
    3. Unless it is discussed between you and us before a purchase, payment for all Services and Rich Content must be made at the time of the purchase in euros by credit or debit card, or via a third party payment processor such as PayPal or by using the online payment facility ("Payment Facility"). If you do choose to pay via a third party payment processor, you will be redirected to their site to make payment and will be subject to their terms and conditions, privacy policy and other terms of use. Please check those carefully before confirming your Order. You will be responsible for protecting the confidentiality of your Website or App user ID and any password or other security information used by you to access your account on the Payment Facility. Any currency conversion costs or other charges incurred by you in making a payment will be borne by you in addition to the price due to us.
    4. Payments made through the Payment Facility are processed by third party payment services providers. Scale My Company takes reasonable care to ensure that the Payment Facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Facility, nor can we guarantee that the facility is virus or error free. We use third party payment service providers to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will do what we can to restore the facility as soon as reasonably possible.
  8. Liability
    1. Where we have been negligent and/or breached a contractual obligation to you, we will be liable for any loss or damage you suffer as a result, provided that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time we entered into the Scale My Company Contract.
    2. We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; or waste of management or office time.
    3. We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under Spanish law.
  9. Our right to vary these Purchasing Terms and Conditions
    1. We may revise these Purchasing Terms and Conditions from time to time in the following circumstances:
      1. if we change the process for accepting payment from you;
      2. if there are changes in relevant laws and regulatory requirements; and/or
      3. if there are any other changes to our business that reasonably mean we need to amend these Purchasing Terms and Conditions.
    2. Every time you order Services or purchase Rich Content via the Website, the Purchasing Terms and Conditions in force at that time (and available for view on the Website and accepted by you at check-out) will apply to the Scale My Company Contract between you and us. You can find the date on which these Purchasing Terms and Conditions were last updated at the top of this page.
  10. General
    1. All communications and notices from you must be sent by email or by post to Scale My Company, Carrer de la Cera 53, Piso 2º 2ª, 08001 Barcelona, Spain. Scale My Company may communicate and give notice to you via post, email or by posting notices on the Website.
    2. Please note our customer support hours are: Monday to Thursday 9h–14h / 15h-18h and Friday: 9h-15h. We are closed on Saturday and Sunday, as on Barcelona & Spanish Bank Holidays.
    3. Scale My Company reserves the right to deactivate a Customer’s Scale My Company account in the event of a breach of these Purchasing Terms and Conditions and/or where the Customer acts in a way that is inappropriate, abusive or otherwise unacceptable towards our employees, either in communications via phone or email, or in person.
    4. If any of these Purchasing Terms and Conditions are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    5. These Purchasing Terms and Conditions will be governed by and construed in accordance with the laws of Spain. You and we each agree that the Spanish courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Services via the Website.