Management terms
Definitions:
- Applicant: Hereinafter referred to as the APPLICANT, any adult natural person, company, association or other entity wishing to contract the services offered through the website. www.certificadosdenacimiento.com.
- certificadosdenacimiento.com: The portal certificadosdenacimiento.com is a web portal managed by the private company SEDE TELEMATICA SL (VAT ESB93567592), dedicated to processing applications for data held in public registers such as Civil Registries, Magistrates’ Courts and town halls throughout Spain.
1. Contracting Conditions
These legal conditions govern the contracting process on certificadosdenacimiento.com.
Purchasing any of the services offered on certificadosdenacimiento.comimplies acceptance of these contracting conditions, the terms of use and the privacy policy, together with full acknowledgement that the service is provided by the private company SEDE TELEMATICA SL.
certificadosdenacimiento.com informs the user that the language chosen for this electronic contract is Spanish and that storage by a trusted third party is not envisaged, although certificadosdenacimiento.com a record of every order placed by customers is kept. You may print or save this screen to retain these legal conditions.
All personal data entered on this website for the purpose of obtaining the requested information are processed in accordance with Organic Law 15/1999 of 13 December on the Protection of Personal Data (LOPD) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April (‘General Data Protection Regulation’ or ‘GDPR’). They are used exclusively for processing, dispatching and invoicing the certificates. Under no circumstances will they be used for advertising campaigns or mailings unrelated to the specific processing that prompted their collection. Further information is available in the Privacy Policy.
2. Service information
2.1 Data-processing guarantees
All personal data entered on this website to obtain the requested certificates are processed in accordance with the LOPD and are used solely for processing, dispatching and invoicing the contracted services.
Your data will be disclosed only where necessary for proper processing of the requested service and will be transmitted to the Ministry of Justice, Civil Registries, Magistrates’ Courts or the authorised agents responsible for obtaining certificates.
All data are transmitted and stored securely on our server using an SSL encryption certificate, thereby guaranteeing lawful and secure processing of both personal and payment data.
For full details and to learn about all the rights conferred on you by Regulation (EU) 2016/679 (‘GDPR’), please see the Privacy Policy.
2.2 Delivery times
Delivery times for certificates are indicative only and can never be guaranteed, as issue times and signature by the registrar or magistrate depend on changes in the operation of those bodies, temporary overloads, technical problems or other matters beyond the control of certificadosdenacimiento.com.
Times are therefore not binding. Cancellation due to delay is governed by clause 3 of these management terms. The applicant accepts that certificadosdenacimiento.com is not liable for delays in obtaining certificates from the competent Civil Registry or Magistrates’ Court.
The applicant accepts that certificadosdenacimiento.com is not liable for delays or loss of documents in transit; legal and managerial responsibility ends once the certificates have been dispatched. The service is deemed completed upon dispatch.
The applicant accepts that any delay or loss in transit is the responsibility of the transport company. For tracked shipments the applicant may claim directly from the carrier using the personalised tracking code. If ordinary untracked postage was chosen, no tracking number will be available.
2.3 Purpose of the certificate
The Civil Registry may require the purpose of the certificate for correct issuance. If no purpose has been stated, the customer will be asked to specify it.
Birth certificates issued for first-time DNI (national ID) or passport applications receive special treatment; stating this purpose is MANDATORY. Only one copy may be requested, issued specifically for first DNI/Passport, with no additional copies permitted. If this copy is lost, a police report of theft/loss is required before a replacement can be obtained.
2.4 Missing data, impossibility of issue, incorrect data or restricted-publicity certificates
If, due to applicant error or lack of knowledge, the application contains incorrect data and the registry reports that the event cannot be located, we will contact the applicant by email or telephone (using the details provided) to request correction at no extra cost.
The applicant has 20 calendar days to reply and supply correct or missing information. Up to three different registries may be consulted if the applicant is unsure of the location; this triple search is included in the original fee.
If no reply is received within 20 calendar days or the event is not found in any of the three additional locations indicated, the file will be closed, the service deemed completed and no refund will be available.
DNI certificates may be requested only once. If our services are engaged to obtain such a certificate and the authorities state that it has already been issued, the customer forfeits any refund right, as the management is considered complete.
2.5 Restricted-publicity / specially protected certificates
If processing reaches its conclusion but the certificate cannot be posted because it is subject to RESTRICTED PUBLICITY, the service will be deemed completed and no cancellation or refund will be possible. It is the applicant’s responsibility to know that the certificate contains SPECIALLY PROTECTED DATA (Chapter II of Law 20/2011 on the Civil Registry).
Such protected certificates may be sent to the Civil Registry nearest the applicant’s home but may be collected only by the registered person or their legal representative. If the registered person is deceased, access to specially protected data may be authorised only by the Court of First Instance at the applicant’s domicile, provided legitimate interest and justified grounds are demonstrated.
Under Articles 83 & 84 of Law 20/2011, restricted-publicity certificates include (among others): those revealing adoptive or unknown parentage, gender rectification, grounds for deprivation/suspension of parental authority, secret marriages, abortion records, surname changes authorised for gender-violence victims or their descendants, and other legally authorised identity changes.
3. Cancellations & refunds
Cancellations and refunds are governed by Spanish Law 3/2014 of 27 March amending the consolidated text of the General Law for the Defence of Consumers and Users. Pursuant to Article 97, the applicant is informed of the rights and obligations arising from this contract.
By making payment the applicant expressly confirms the wish for processing to begin immediately, accepting that execution may commence during the withdrawal period provided for in Article 104.
Under Article 103, the right of withdrawal is lost once the service has been fully performed by certificadosdenacimiento.com.
The service is regarded as fully performed (and withdrawal therefore impossible) once documents have been dispatched, regardless of whether the applicant receives them or whether delay/loss is attributable to the carrier.
Under Article 108(3), if processing is not yet complete and documents have not been sent, the applicant may exercise the right of withdrawal. A fee will be retained by certificadosdenacimiento.com for the completed first phase (file creation, registration, assignment to professional manager and start of processing), amounting to €9.13 (VAT included) per application.
Additional services such as ‘priority processing’ at the Central Civil Registry are non-refundable once performed. Restricted-publicity certificates are governed by clause 2.5.
The remainder of the amount paid (total minus €9.13 and any priority fee) will be refunded by the same payment method within 15 days.
Withdrawal must be requested expressly by email. The maximum period for claiming a refund is 18 months from the date of contracting.
4. Confidentiality & use
Las comunicaciones entre certificadosdenacimiento.com y el solicitante tienen carácter privado y confidencial y solamente para la persona a la que va dirigido, pudiendo contener información confidencial y sujeta al secreto profesional, cuya divulgación no está permitida por la ley.
Distribution, copying or use of messages or attached documents, for any purpose, is prohibited by law.
Emails are not secure against third-party access; confidentiality and correct receipt cannot be guaranteed as they may be intercepted, altered, destroyed, delayed, incomplete or contain viruses. certificadosdenacimiento.com accepts no liability for alterations made to a message after dispatch.
Information supplied to the APPLICANT is for their exclusive use; the APPLICANT must maintain strict confidentiality and may not disclose it to third parties without prior written consent from certificadosdenacimiento.com. These confidentiality obligations survive termination of the relationship with certificadosdenacimiento.com. The APPLICANT is liable for any misuse or leakage by its personnel or third parties.
5. Liability
certificadosdenacimiento.com guarantees the legitimacy of sources, procedures and the lawful transfer of personal data under Law 15/1999. Nevertheless, the APPLICANT must comply with that Law. Although certificadosdenacimiento.com every effort is made to ensure accuracy,
- the volume of material processed, certificadosdenacimiento.com compilation from third-party sources,
- lack of control over those sources and certificadosdenacimiento.com impossibility of verification mean that
- errors are possible. certificadosdenacimiento.com No guarantee is given as to accuracy; no liability is accepted for errors or omissions. The APPLICANT may not claim damages arising from inaccuracies.
certificadosdenacimiento.com is not liable for loss caused by negligence, delay or error by its directors, employees or agents in procuring, transmitting or supplying information or performing contracted services.
Liability of certificadosdenacimiento.com for gross negligence, compensation or interest for non-performance is limited, by express agreement, to the total amount paid by the APPLICANT to certificadosdenacimiento.com.
6. Applicant’s obligations
El SOLICITANTE deberá abonar el coste de los servicios contratados, así como colaborar en todo momento con certificadosdenacimiento.com proporcionando los documentos e informaciones solicitados, que serán empleados para la prestación de los servicios contratados. El SOLICITANTE responderá de la veracidad, exactitud u omisión de información o documentos suministrados. Los tiempos de ejecución de los servicios quedarán suspendidos el momento de petición de información o documentación al CLIENTE reanudándose una vez que ésta haya sido suministrada de forma completa.
certificadosdenacimiento.com will attempt to contact the APPLICANT by email up to three times if additional information is required. If the APPLICANT fails to respond within 30 days, the application will be closed as impossible to process.
7. Payment gateway
Payments are processed via the secure international platform STRIPE; therefore certificadosdenacimiento.com disclaims liability for any issues arising from use of STRIPE or third-party platforms. certificadosdenacimiento.com.
certificadosdenacimiento.com reserves the right to refuse an order on reasonable suspicion of fraud.
8. Governing law & jurisdiction
These terms and the service request are governed by Spanish law. In the event of dispute, the parties will make reasonable efforts to resolve it amicably, failing which they submit to arbitration, expressly agreeing to comply with the arbitral award, except for actions that must be brought before ordinary courts.
Arbitration will be administered by the Marbella Arbitration Tribunal, which shall appoint a sole arbitrator. The seat of arbitration shall be Marbella.
For the sole purpose of judicial formalisation of the award and for actions requiring ordinary courts, the parties expressly submit to the jurisdiction of Marbella, waiving any other forum.