Legal advice

GENERAL TERMS

THE FUNDACION PARA LA DIFUSION DEL CONOCIMIENTO Y EL DERECHO ADUANERO (henceforth the FUNDACION ADUANERA) with headquarters at Palacio de Miraflores, Carrera de San Jerónimo, 15, 28014 MADRID, Spain and international tax number ES-G85952505 is entered in the Foundations Registry Number 1255, dated 21st of May 2010.

In accordance with the provisions of Article 9 of Law 34/2002 of the11th of July concerning Information Society Services and Electronic Commerce, the FUNDACION ADUANERA has informed the Foundation Registry of their Internet domain name for identification purposes.

The FUNDACION ADUANERA website consists of a public part - where users are informed of topics related to the activity and services it offers - and a private part for the exclusive use of registered members of the FUNDACION ADUANERA to which the members may gain access by entering their User ID and password.

The unauthorized reproduction, copying, in part or whole, distribution, marketing, public communication or any other activity that may be carried out with the contents and information on this website is punishable by law.

The FUNDACION ADUANERA reserves the right to modify and remove the contents of the website, as well as to limit and block their access, temporarily or definitively, without prior notice.

The use of this website confers the status of site user (henceforth the User) and implies unreserved acceptance of all terms and conditions contained in this Legal Notice in the version published by the FUNDACION ADUANERA at the moment the site is accessed by the User.

The FUNDACION ADUANERA website may be freely visited by any user with the exception of those areas reserved for registered members who may access these areas by entering their User ID and password.

The User agrees to use this website, its contents and services in accordance with the Law, with this Legal Notice, with the special terms and conditions of certain services and with all other applicable notices, rules and regulations, as well as according to generally accepted moral standards and public order.

To this end, the User must refrain from using any of the services for illegal purposes, prohibited and harmful to the rights and interests of third parties.

The User is responsible for the use of the information contained in the website.

The FUNDACION ADUANERA is in no way responsible for the information contained in other websites, including linked sites.

The FUNDACION ADUANERA will not be held liable for any loss or damage as a result of the use by third parties of information, publicity and opinions offered by users on the website.

The FUNDACION ADUANERA is in no way responsible for the contents, information or images that do not form part of the website nor those not managed by the FUNDACION ADUANERA.

The FUNDACION ADUANERA will not be held liable for the improper use of User ID and password required to access certain contents and services offered on the website, nor is in any way responsible for the consequences resulting from the misuse by Users, the loss or forgetting of User ID and password, nor for its unauthorized use by third parties.

SPECIAL TERMS AND CONDITIONS

Terms and conditions applicable when procuring reports:

The contracting party shall be deemed the client, and the FUNDACION ADUANERA the service provider, in compliance with that provisioned by Commercial Code regulation.

The personal circumstances of both the client and the service provider are those which appear on the sales agreement found on the website and which are accepted by both parties, recognizing each other's necessary legal capacity to enter into contracts, and, especially, for a transaction that entails contracting the professional consulting services of the FUNDACION ADUANERA, within its scope of action.

In the event that the client acts on behalf of a legal entity, their authority must be accredited as legally valid. Should the client not be authorized to contract the aforementioned service on behalf of the legal entity, they will be personally and directly responsible for payment of the service.

Clauses applicable to the procurement of consulting services:

First. Objective.

The objective of this contract is for the Service Provider to carry out professional consulting services for the Client in foreign trade. In particular, the Service Provider is bound to carry out a consulting service in foreign trade, which should include the written response to the consultation of this nature made by the Client by means of the corresponding form on the Service Provider's website, having been previously accepted by the Service Provider.

Second. Services excluded.

Any action that exceeds the limits of the request made by the Client in the request stipulated by the Service Provider on the ad hoc form of the latter's website is expressly excluded from this contract.

Third. Confidentiality.

The Service Provider agrees to maintain complete confidentiality concerning the data and information that is provided by the Client or that of which becomes known as a result of the functions entrusted by virtue of this contract.

Fourth. Duration.

The duration of this contract will be the period of time between the moment the Service Provider accepts the consulting request until the corresponding report is handed over.

Fifth. Price and time of execution.

The Service Provider will receive the amount in Euros which is stipulated in accordance with each type of assignment and which will be payable as determined in each case and as conveyed by the Service Provider at the moment that the assignment is received and its acceptance is confirmed. Likewise, at this time, time of execution will also be made known. The time of execution for the assignment may only be extended by consent of the Client.

Sixth. Failure to meet obligations.

In the event that the Service Provider completes the assignment requested by the Client with a delay of 5 working days, the latter may exercise their right to a 50% reduction in service cost. In this case, annulling the contract or obtaining any other type of compensation will not be considered as options.

In the event that the Service Provider exceeds the aforementioned period of time, the Client may choose between receiving the contracted service completely free of charge, or rather to render the assignment null recovering any amount that may have already been paid on account, as well as any legal rate of interest accrued from the time the amount was deposited until its refund.

In the event that the Client fails to make payment, in part or wholly, should this be posterior to the completion of the assignment by the Service Provider, the former shall proceed with not only payment of the total cost of the contracted service, but also of the legal rate of interest accrued plus two percentage points until payment is complete.

In any case, the Client may not withdraw from the assignment once it has been completed.

Seventh. Contract termination and resolution.

7.1. The following shall be considered reasonable cause for the termination and resolution of this contract:

a) Natural termination, whether it be that the contract has expired, that both parties have met their obligations and performed according to the contractual agreement, or by mutual agreement of both parties.

b) Breach of contract, either party's failure to perform according to any of the clauses set forth in this contract in the terms provided in the preceding clause.

c) Declaration of bankruptcy at the request of a legitimate creditor of either party, or the filing of petition in voluntary bankruptcy or suspension of payments of either party, or the lodging of an appeal for expedited summary proceedings against either party or a prejudgment attachment or other precautionary measures that imply the diminution of either party's solvency.

7.2. The resolution of this contract does not exclude any other legal or judicial compensation that either party considers advisable to obtain.

Eighth. Consent to jurisdiction.

Expressly waiving their right to any other jurisdiction, both parties expressly consent to the jurisdiction of the Courts of Madrid.

Ninth. Applicable legislation.

This contract shall be considered a business agreement governed by, first and foremost, the terms and conditions stipulated within its clauses and that which is not therein provided shall be subject to the provisions of the Commercial Code, special laws, trade custom and usage and, otherwise, according to the provisions of the Civil Code.

Finalizing the order and the time limit having elapsed for unilateral withdrawal without penalty of the contract provided therein implies acceptance of the clauses of this contract on the part of the Client.