TÜV RHEINLAND's General Terms and Conditions of Purchase applicable to the purchase of MOT services via the Website
1. Parties
On the one hand, the various entities that make up the TÜV RHEINLAND Group in Spain (hereinafter, "TÜV RHEINLAND" or the "Contractor", as the case may be), respectively, as applicable:
TÜV Rheinland Ibérica S.A.U., of Spanish nationality, incorporated for an indefinite period of time, with registered office at Avenida de Burgos, 114, Planta 3ª, 28050 Madrid, with tax identification number A-78999612 and registered in the Mercantile Register of Madrid in Volume 9226 General, 8022 of Section 3 of the Companies Book, Folio 12, Page number 86907, 1st entry.
TÜV Rheinland Navarra S.A., of Spanish nationality, incorporated for an indefinite period of time, with registered office at Soto de Aizoain, s/n, Polígono Industrial Mercairuña, 31013 Pamplona (Navarra) and registered in the Mercantile Register of Navarra, in Volume 664 General, 406 of Section 3 of the Companies Book, Folio 161, Page number 7212, 1st entry.
TÜV Rheinland Certio S.L.U., of Spanish nationality, incorporated for an indefinite period of time, with registered office at C/ Pau Vila, 22, 3a planta, 08174 - Sant Cugat del Vallès (Barcelona) and registered in the Companies Register of Barcelona in Volume 41165, Folio 144, Page B-381228.
In their capacity as owners of the platform https://www.itv-tuvrheinland.es/cita-previa-itv (hereinafter, the "Website"),
And on the other hand, the buyer, understood as any Registered User (in the terms defined in these General Conditions of Purchase), of legal age and with the necessary legal capacity to act, who accesses the Website to register and arrange a prior appointment for the purchase of ITV services (hereinafter, the "Buyer").
2. Object
The purpose of these General Terms and Conditions of Purchase is to regulate the purchase of MOT services through the Website by the Buyer, in exchange for a financial consideration.
3. Use of the Website
By making use of this Website and placing orders through the Website, the Buyer undertakes to: a) Use the Website only to book appointments or purchase legally valid services. b) Not to place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed, TÜV RHEINLAND reserves the right to cancel the order and inform the relevant authorities.
c) To truthfully and accurately provide the data necessary for the provision of the service, including: first and last name, vehicle registration number, e-mail address, mobile phone number and, in the case of online payment, the data required by the payment gateway to process the transaction.
d) Acknowledge that the personal data provided will be processed in accordance with our Data Protection Clause (https://www.itv-tuvrheinland.es/clausula-proteccion-datos-servicio-itv) and Data Protection Policy, (https://www.itv-tuvrheinland.es/politica-proteccion-datos) and may be used for the following purposes
be used for the purposes of appointment management, invoicing, secure payment processing and contacting the Buyer in the event of any issues relating to the provision of the service.
e) Please note that if the Buyer does not provide the necessary information or provides it incorrectly, TÜV Rheinland will not be able to process the booking or provide the service properly.
d) By placing an order through the Website, the Buyer declares that he/she is over 18 years of age and has the legal capacity to enter into contracts.
4. Services
4.1. Offering of Services
The Website provides information on all the services available to the Buyer, their characteristics and prices. However, TÜV RHEINLAND reserves the right to include, withdraw or modify without prior notice and at any time the services offered to its customers through the Website. The products offered at any time through the Website shall be governed by the General Terms and Conditions of Purchase in force at any given time.
4.2. Availability
The availability of the services provided by TÜV RHEINLAND may vary depending on customer demand. The possibility of providing the services at each MOT station is automatically updated by TÜV RHEINLAND's IT systems and, additionally, TÜV RHEINLAND's team periodically checks that it is correct, but this does not imply any guarantee on the part of TÜV RHEINLAND regarding the effective provision of the services purchased at the specific time they are required or that they have not been legally modified by that time, either in content or in prices. If this is the case, TÜV RHEINLAND will contact the Buyer as soon as possible to inform it of the impossibility of providing the service as agreed, offering the following options:
5. Process of contracting services
The process of purchasing services is simple and can be carried out through the Website. In order to contract a service through the Website, the Purchaser must register, provide their personal data and expressly accept the General Conditions of Purchase, the Privacy Policy and the Cookies Policy. Once the data has been included, or the registration on the website has been completed, the services may be purchased by making an appointment for a service at any of our ITV stations. Any user who registers on the Website and fulfils the requirements described in these General Conditions of Purchase will be considered a "Registered User" and will be able to access the customer area.
For the purchase of services through the Website, the User shall:
a) Choose the following characteristics of the service: i) type of vehicle; ii) type of vehicle fuel for which the service is to be requested; iii) Autonomous Community and ITV station in which he/she wants the service to be provided, and iv) day and time when the service is to be provided within the availability offered by TÜV RHEINLAND.
b) Once the User has selected the service and the characteristics set out in the previous section, he/she may choose between: (i) paying for the service at the ITV station when the service is provided or (ii) paying online, when purchasing the service through the Website, by credit or debit card. To make the online payment you must fill in all the required details on the form and click on the purchase button.
c) In the case of online payment, the Buyer must select between the supported payment methods (debit or credit card MasterCard and Visa). In this case, the Buyer must provide the information relating to his card for the sole purpose of processing the payment. The Buyer's bank details, bank card details, current account details or other passwords will not be stored on the Website at any time.
Once the above information has been provided, the Buyer, after reviewing his order and depending on the payment method selected, will be able to make the online payment for the service purchased.
TÜV RHEINLAND will not proceed to make the payment at the time of the online purchase of the service. Seven (7) days prior to the date selected for the provision of the service, TÜV RHEINLAND will withhold the amount of the service on the card associated with the purchase, and the payment will be made when the Buyer goes to the ITV station to receive the service. TÜV RHEINLAND shall release the deduction made on the card associated with the purchase within seven (7) days of the Buyer cancelling the appointment prior to the date of the appointment booked or from the date selected for the prior appointment if the Buyer does not attend the ITV station.
e) Once all of the above steps have been completed, TÜV RHEINLAND shall confirm the order placed with the Purchaser.
6. Provision of the service
As a general rule, once the order has been received in our system, TÜV RHEINLAND will proceed to book the time for the service at the MOT station that corresponds to the option chosen by the Purchaser. Notwithstanding the above, and in exceptional circumstances (high number of orders, holiday periods, etc.), TÜV RHEINLAND reserves the right to cancel any order if necessary. In such cases, the Purchaser who has purchased the service shall be duly informed in accordance with the provisions of point 4.2 of these Conditions.
The Buyer must present himself at the selected time at the chosen MOT station, with the vehicle with the registration number and fuel marked on the Order.
In the event that the Purchaser presents himself more than 30 minutes before the selected appointment or, in doing so, presents himself at another test station, with a different vehicle or with a vehicle of a different fuel from that selected in the Order, TÜV RHEINLAND may refuse to carry out the service on the grounds that the elements of the contract have changed. In such cases, a review shall be made as to whether any of TÜV RHEINLAND's Extended Warranties (as defined below) described in point 9.2 of these Conditions may apply to the Order. If none of them apply, the price of the service shall be charged by TÜV RHEINLAND without the Buyer being entitled to recover the amount thereof.
Once the Buyer has presented himself at the MOT station where he had booked the service, TÜV RHEINLAND shall proceed to provide the service in accordance with the legislation in force and TÜV RHEINLAND's General Terms and Conditions of Contract for MOT and Mobility Services
(https://www.tuv.com/spain/es/quienes-somos/t%C3%BCv-rheinland-espa%C3%B1a/condiciones-generales-de-contrataci%C3%B3n/).
In the event that the Buyer has not made the online payment at the time of purchasing the service, the Buyer shall make the payment at the MOT station before receiving the service.
In the event that online payment has been chosen, TÜV RHEINLAND shall charge the service to the card associated with the purchase at the time of the Buyer's visit to the MOT station to receive the service.
7. Pricing policy
The prices shown on the Website are set by TÜV RHEINLAND. Prices are shown in Euros. Before purchasing any of the selected services, the Website will either display the prices including VAT as the final price or broken down according to the taxable base and taxes applicable at any given time.
The amount of the services may undergo modifications as a consequence of possible updates of the rates communicated or approved by the Administrations. Consequently, in the event that the Buyer has opted for online payment, if at the time the vehicle is presented for inspection, the amount of the fees has changed with respect to the amount paid online by the user, the latter must pay the difference in order to receive the service. In the event of refusal by the Buyer, TÜV RHEINLAND will refund the price paid, and another order must be placed for the effective provision of the service at the new price, which will include VAT, broken down by taxable base, and the taxes applicable at any given time.
The Website may include promotions and/or discount codes. Such circumstances will be shown on the screen, as well as any applicable conditions.
8. Acceptance of the General Conditions of Purchase
When the purchase is made entirely through the Website, the Buyer must read these Conditions and expressly accept them. At that moment, the present General Conditions of Purchase will come into force.
9. Withdrawal, changes and refunds in the event of online payment for services.
9.1.- Withdrawal.
TÜV RHEINLAND guarantees the Purchaser the possibility of withdrawing from the purchase of services made through the Website, for any reason, within fourteen (14) calendar days of placing the order and before the MOT Inspection service has been provided, provided that the Purchaser notifies TÜV RHEINLAND by any means that allows TÜV RHEINLAND to have proof of this.
Notice of withdrawal may be given by the Purchaser in any of the following ways: (i) by direct telephone communication with the MOT station chosen to provide the service; (ii) via the website; (iii) by e-mail to the address info.itv@es.tuv.com.
In any of these cases, the Buyer must communicate his decision to withdraw from the purchase by means of an unequivocal statement and by providing the details of the service that is the object of the withdrawal.
In order to comply with the withdrawal period, it is sufficient that the communication concerning the exercise of this right is sent before the expiry of the corresponding period. TÜV RHEINLAND shall confirm receipt of such withdrawal, provided that it has been communicated within the deadline and that the service which is the subject of the withdrawal has not been provided.
If the Buyer has opted for online payment of the services, TÜV RHEINLAND will refund the amount of the services, releasing the deduction made on the card associated with the purchase, within seven (7) days of the Buyer communicating the withdrawal.
9.2.- Extended Guarantee by TÜV RHEINLAND.
As an extension to the legal guarantee described in the previous point, TÜV RHEINLAND guarantees the Purchaser, for three (3) months after the Order has been placed, the possibility of withdrawing from the purchase made through the Website in the following cases:
- Total impossibility of attending the service purchased by the Purchaser, notified before the date of the prior appointment. If the Purchaser has chosen to pay for the services online, TÜV RHEINLAND will reimburse the amount of the services, releasing the deduction made on the card associated with the purchase, within seven (7) days of the Purchaser's notification of the impossibility of attending.
- Inability to attend the service purchased by the Purchaser on the date and at the time requested, notified prior to the date of the prior appointment. TÜV RHEINLAND shall proceed to modify the date and time of the service, provided that this does not imply a change in price. In the event of a price change, the Buyer shall be reimbursed or charged the difference of the price paid online, as the case may be.
- Buyer's delay of more than thirty (30) minutes to the previous appointment. If the Buyer is more than thirty (30) minutes late for the appointment, TÜV RHEINLAND may choose, at its discretion, to provide the service at that time, or to refund the amount of the service purchased, cancelling the deduction made on its means of payment, and offering the Buyer the possibility of placing a new order.
- Total or partial impossibility on the part of the Purchaser to attend the service purchased, as notified on the day of the prior appointment. TÜV RHEINLAND shall reimburse the amount of the service purchased, without effecting the deduction made on the means of payment.
- Inability of the Purchaser to attend the service purchased at the MOT station he/she had requested. TÜV RHEINLAND shall reimburse the amount of the service purchased, cancelling the deduction made on its means of payment, and shall offer the Purchaser the processing of a new Order for the chosen MOT station.
- Error made by the Buyer in the registration number, the type of fuel or the service purchased. TÜV RHEINLAND shall reimburse the amount of the service purchased, cancelling the deduction made on its means of payment and shall offer the Purchaser the processing of a new Order, with the exception of the case in which there is no change in the applicable tariff, in which case the Order may be modified without the need to cancel it.
9.3.- Exceptions to withdrawal
The right of withdrawal has certain limits based on the legal exclusions of article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
In particular, by virtue of this article, the Buyer may not withdraw from the purchase when the object of the withdrawal are services that have already been provided in full, including MOT inspections that have been carried out in full or those that, once started, have been interrupted for any reason that is not attributable to TÜV RHEINLAND or force majeure.
9.4.- Guarantees
In the event that the service purchased by the Buyer through the Website is provided in a defective manner, TÜV RHEINLAND will proceed in accordance with the applicable legal guarantee, in the terms legally established for each type of service.
It is understood that the services are in accordance with the contract provided that they conform to the description provided by TÜV RHEINLAND and possess the qualities presented on the Website and have been provided in accordance with the regulations in force at the time of the provision of the service for Vehicle Technical Inspections in the competent Autonomous Community.
TÜV RHEINLAND's warranty only covers services expressly commissioned to it and therefore excludes any warranty for the overall condition and functioning of the inspected customer's vehicles. In particular, TÜV RHEINLAND shall not assume any liability for the design thereof, its construction, materials and in general for the condition of any part of the inspected vehicle, unless these matters are expressly included in writing in the contract. Any warranty offered by TÜV RHEINLAND shall only entail the corrective performance of a supplementary additional Service within a reasonable period of time. If such remedial service is not sufficient for the customer, or if TÜV RHEINLAND unjustifiably refuses to carry it out or delays it without justification, the customer shall be entitled to exercise its rights under applicable law.
9.5. Without prejudice to the foregoing, contracts concluded with consumers will be governed by Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws ("LGDCU"), for claims in which the provision of complementary Services is required, art. 1490 of the Civil Code will be applicable.
Furthermore, in compliance with European regulations and with article 40.5 of Law 7/2017 of 2 November, which transposes into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters, TÜV RHEINLAND provides Buyers on its Website with a link to the European Union's online dispute resolution platform: https://ec.europa.eu/consumers/odr. The European Commission has set up this platform to enable businesses and online consumers to settle disputes out of court through this platform in a simple and transparent manner, without going to court.
TÜV RHEINLAND also informs that complaint forms are available at each ITV station for Buyers who are considered consumers and users according to current legislation.
10. Obligations of the parties
10.1. Obligations of TÜV RHEINLAND
By virtue of these Conditions, TÜV RHEINLAND undertakes to:
a) To use its best efforts to carry out the necessary formalities for the provision of the service requested by the Purchaser.
b) To provide all the documentation necessary to receive the order, including, after the provision of the service, the accreditation of the MOT in accordance with applicable legislation.
c) Comply with any other obligations derived from the current regulatory framework, contained in these Conditions or in any other applicable conditions.
10.2. Buyer's obligations
By accepting these Conditions, the Buyer undertakes to:
a) Pay in due time and form the corresponding amounts, including fees, taxes and any other costs specified during the purchase process. Failure to pay shall release TÜV RHEINLAND from its obligations.
b) To be responsible for the authenticity and accuracy of the data provided for the purchase of the service.
c) To assume liability for not fulfilling the requirements demanded by TÜV RHEINLAND to hold the status of Purchaser or for not possessing the documentation required to place the order.
d) Comply with any other obligations included in these Conditions or in any other applicable conditions, such as the General Conditions of Use or the Particular Conditions of Registration, and assume any liability arising from non-compliance, leaving TÜV RHEINLAND completely indemnified.
11. Liability
TÜV RHEINLAND has liability insurance appropriate to its professional activity which complies with the requirements of current legislation.
The Company shall only be liable for consequential damages (excluding loss of profit) in the event of intent or gross negligence and only in the event of breach of an essential obligation (hereinafter the "essential obligation"), with the limit provided for in the following paragraph. An "essential obligation" is an obligation which protects the legal interests of the customer and which is essential for the proper performance of the contract and must therefore, due to its content and purpose, be specifically guaranteed to the customer.
TÜV RHEINLAND's liability shall be limited to ten (10) times the amount of the contracted fees and shall in no case include damages arising from loss of profit, loss of income, delays, claims of the Purchaser's clients, and any special, indirect or consequential damages and losses of any kind (whether contractual or non-contractual).
In the event of personal injury or damage to health, TÜV RHEINLAND shall only be liable in cases of intent or gross negligence and to the limits set by law or by the courts, as the case may be.
Damages arising from any act or omission, as well as those arising from incorrect or incomplete information provided by the Purchaser, and from causes beyond the control of TÜV RHEINLAND including, but not limited to, accidents, strikes, lock-outs, acts of third party dismissal or force majeure, are excluded.
If a customer makes a claim under this contract, the customer shall inform TÜV RHEINLAND in writing without delay of the possible damage attributable to the claim.
The exclusion or limitation of claims for damages against TÜV RHEINLAND also includes claims against employees, management, staff, employees, consultants, experts, agents or other auxiliary personnel employed by TÜV RHEINLAND to provide the services (hereinafter referred to as "Auxiliary Personnel").
With the exception of cases in which the statute of limitations for claims is necessarily longer, claims for damages caused to customers who are not consumers shall be subject to the statute of limitations after one (1) year in accordance with art. 1.968 of the Civil Code.
12. Indemnification
Failure by the Purchaser to comply with these Conditions or any other applicable regulations may result in damages for TÜV RHEINLAND. In this respect, TÜV RHEINLAND reserves the right to take appropriate legal action against the Purchaser to demand compensation.
TÜV RHEINLAND reserves the right to take appropriate legal action against the Buyer to claim such compensation as it deems appropriate to compensate for the damage caused to the Buyer.
13. Modifications
TÜV RHEINLAND may at any time and without prior notice update and/or modify these conditions. However, the customer shall always be aware of the conditions applicable to his purchase prior to contracting. Such modifications will come into force as soon as they are published on the Website by any means and in any form.
The modification of these Conditions shall only affect Buyers who accept them after such modification.
14. General issues
14.1. Safeguarding and interpretation of these Conditions
These Conditions accepted from time to time and any other conditions that may apply to the Buyer constitute the sole agreement between the parties.
In the event of any inconsistency between the provisions of these Conditions and any other terms and conditions entered into between the parties, the terms and conditions of these Conditions shall prevail over the provisions of these Conditions, unless the provisions of these Conditions expressly provide otherwise.
The fact that any of the parties, due to impossibility or convenience, does not require strict compliance with any of the terms of these Conditions at any given time, does not imply and cannot be interpreted as a modification, in whole or in part, of these Conditions, nor as a waiver on their part to require compliance with them in their strict terms in the future.
The declaration of invalidity of one or more of the stipulations of these Conditions by a competent authority shall not affect the validity of the remaining stipulations. In this case, the contracting parties undertake to negotiate a new stipulation to replace the nullified stipulation as closely as possible to the same. If the replacement becomes impossible and the stipulation is essential to the present Conditions, in the opinion of the party harmed by its elimination, the latter may opt for the termination of the Conditions.
Any reference in these Conditions to an article or body of law that is repealed shall be construed as a reference to the equivalent provision that replaces it.
14.2. Language
The language applicable to these Conditions is English. If versions of these Conditions have been offered in other languages, this has been done as a courtesy and for the convenience of the Buyer. The Buyer expressly accepts that these Conditions shall always be governed by the Spanish version.
If there is any contradiction between what is stated in the Spanish version of these General Conditions of Purchase and what is stated in any of its translations, the Spanish version shall prevail in all cases.
14.3. Legislation and jurisdiction
Relations between TÜV RHEINLAND and the Buyer arising as a result of the acceptance of these Conditions shall be governed by Spanish law and jurisdiction. For the resolution of disputes or conflicts arising between TÜV RHEINLAND and the Buyer who is considered a consumer and user in accordance with the applicable regulations on the matter, both shall submit to the Courts and Tribunals of the Buyer's domicile, expressly waiving any other jurisdiction to which they may be entitled.
In compliance with European regulations and with article 40.5 of Law 7/2017 of 2 November, which transposes Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters into Spanish law, TÜV RHEINLAND provides customers of its Website with a link to the European Union's online dispute resolution platform: https://ec.europa.eu/consumers/odr. The European Commission has created this platform in order to enable businesses and online consumers to settle disputes out of court through this platform in a simple and transparent manner, without having to go to court.
In the event that the Buyer is not considered a consumer and user in accordance with the applicable regulations, the parties shall submit to the Courts and Tribunals of Madrid, expressly waiving any other jurisdiction to which they may be entitled, unless another jurisdiction is established by law.