Terms and conditions

These General Terms and Conditions (hereinafter the “GTC”) govern the download, access, navigation, and use by end-users employed by companies (hereinafter, the “Users”) who contract the services of ELYSIUS EUROPA, S.L. (hereinafter, “STELAE”) from the website (hereinafter, the Website) of STELAE.

 

These GTC are addressed to Users who browse the STELAE Website and contract the services offered through it (hereinafter, the “Users”).

 

The STELAE contact details are as follows:

  • Company Name:  ELYSIUS EUROPA, S.L.
  • Address: C/Saragossa, nº 6, 08830, Sant Boi de Llobregat (Barcelona)
  • Tax ID Number: B-63230759
  • Contact Email: protecciondatos@altima-sfi.com

 

  1. Acceptance of Terms and Conditions

By accepting the TyCG, Users agree to act at all times in accordance with the provisions established in this legal text. If they do not agree with all or part of these TyCG, Users must refrain from installing and using the Website.

The service provided on this Platform is governed by: (i) these General Terms and Conditions; (ii) Specific Conditions which may be published on the Website; (iii) the applicable laws and regulations, sector regulations, and general practices.

By accepting these TyCG, Users declare that they are over 18 years old and have full capacity to understand and accept the content of these TyCG and the nature of the services they contract through the Website.

STELAE reserves the right to modify the presentation, configuration, and content of the Website, as well as the conditions required for its access and/or use. Accessing and using the content and services after such modifications or changes to the conditions implies acceptance thereof.

 

1.1. Acceptance of Specific Conditions

Access to certain content and the use of services may be subject to specific conditions, which, as the case may be, will replace, complete, and/or modify these TyCG and, in case of contradiction, the terms of the specific conditions will prevail over the General Conditions.

Before using and/or requesting such specific services offered through the STELAE Website, Users must carefully read the specific conditions created, if applicable, by STELAE. Using, reserving, and/or requesting such specific services implies acceptance of the specific conditions that govern them in the version published by STELAE at the time of such use, reservation, and/or contracting through the Website.

 

  1. Information and Purpose

We refer to “Users” of the Website as anyone who contracts the services offered by STELAE on its Website. For proper access and use of the Website, each User must complete the contact/contracting form available on the Website with the requested data and information, and must also accept the TyCG along with all other policies and principles governing the Website.

Specifically, the purpose of the STELAE Website is to provide direct cremation services without presence in the territories of Catalonia and the Balearic Islands (hereinafter, the “Services”).

 

  1. Contracting Services through the Website

To contract the Services, the User must complete the contracting form with the requested data related to name, surname, phone, email, and whether the person for whom the services are contracted is deceased or not. Once the form is completed, the person who completed it will be registered on the STELAE Website as a User.

In this regard, and to be registered on the Website and for the Services contracting to be processed correctly by STELAE, all requested data and information must be completed by the User accurately, completely, and truthfully, and kept up to date.

Once the User has contacted STELAE through this Services contracting form, STELAE may contact the User by phone within a maximum of 2 hours if the contracted Services are for a deceased person. After the call, STELAE will send an email to the User confirming the Services indicated.

For cases where the person for whom the Services are contracted is not yet deceased, STELAE will contact the User via video call within a maximum response time of 24 hours. After the video call, STELAE will send an email detailing the Services offered and any other information the User may require regarding them and STELAE.

The TyCG, as well as the Privacy Policies and/or information about the Website, apply to all Users from the moment they are registered. These TyCG are mandatory, binding, and apply to all activities on the Website. If Users do not fully accept these TyCG and Privacy Policies, they may not use the Website.

 

  1. Detailed Description of STELAE Services

The STELAE Website has been developed to provide a direct cremation Service offered by STELAE in Catalonia and the Balearic Islands, which offers:

The incineration of the deceased without the presence of family and friends within 48 to 72 hours, and delivery of the ashes to the family within less than 96 hours from the day the person was cremated.

It is important to emphasize that this direct cremation Service does not include the delivery of a coffin, choice of crematorium, or preparation of the entire process, which must be contracted separately by the User if required.

Nevertheless, the User may choose among the following Services that best suit their needs, detailed below:

 

  1. STELAE SOFT

Services: collection, transfer, and cremation, eco-paper urn, custody and shipment of the urn, as well as free telephone psychological support. Service price: €1,475

  1. STELAE ELITE

Includes STELAE COMFORT services plus biodegradable urn, upgraded coffin, and farewell ceremony for the deceased prior to cremation. Service price: €1,995

 

 

  1. Use of the Website

The User also agrees to refrain from using the Website for unlawful purposes or in ways that contravene these TyCG.

By using the Website, the User accepts and understands that STELAE may retain its content for as long as necessary to fulfill the purposes for which it was collected.

If the User becomes aware of any unlawful content, illegal material, content contrary to the law, or that could infringe intellectual and/or industrial property rights, they must immediately notify STELAE so that appropriate measures can be taken.

Using the Website for purposes other than those set forth in these TyCG is expressly prohibited. Therefore, STELAE is not responsible for improper use or manipulation of the Website.

The Website may provide access to numerous texts, graphics, drawings, designs, codes, software, photographs, images, expressions, and information belonging to STELAE or third parties to which the User may have access. The User assumes responsibility for using the Website and agrees to make lawful, diligent, honest, and correct use of all information or content accessed through the Website, always acting in good faith and in compliance with the applicable law and these TyCG.

By way of example, but not limited to, Users must not:

  1. Register or provide data that is not true, accurate, complete, and/or up to date, or access the Website using another person's name or identity. The User is also responsible for notifying STELAE of any modifications or changes to the data provided.

     

  2. Maliciously or intentionally cause damage or harm that could impair or alter the Website, or introduce or spread computer viruses that could cause unauthorized alterations of Website content or systems. The User must not scan or test the vulnerability of any STELAE system or network, breach any security or authentication measures, or attempt to decrypt or disassemble the software used by STELAE to provide services through the Website.

     

  3. Use the Website for fraudulent purposes or related to criminal offenses or illegal activities of any kind.

     

  4. Reproduce, copy, distribute, transform, or modify the information and content on the Website unless authorized by the respective rights holder.

     

  5. Use the Website to send, use, or reuse material containing illegal, offensive, pornographic, abusive, indecent, defamatory, obscene, or threatening content of any kind, or material that violates copyright, trademarks, confidentiality, privacy, or any other rights, or is otherwise injurious or objectionable to third parties, or material containing computer viruses, political propaganda, advertising content, or generally any unnecessary annoyance or inconvenience.

     

  6. Download, send, or otherwise distribute content or applications that may violate applicable laws or infringe any rights of any party.

     

  7. Promote or encourage others to engage in any of the previous practices or contribute thereto.

     

  8.  Send and/or upload:
  • Defamatory material about any person.
  • Any obscene, offensive, or defamatory material.
  • Any sexually explicit material.
  • Any material promoting violence.
  • Any material promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Any copyright, database, or trademark of another person.
  • Privacy rights of any other person.
  • Personal data of another person, unless ensuring that person has consented to be bound by these TyCG.
  • Any material promoting illegal activity.
  • Threats, abuse, or invasion of another person's privacy.
  • Content causing unnecessary annoyance, inconvenience, or distress.
  • Harassment, annoyance, or content that embarrasses, alarms, or distresses any other person.
  • Content impersonating another person.

In this regard, STELAE has the right to investigate and report any of the above behaviors in accordance with the law and to cooperate with authorities in investigating such actions.

 

  1. Intellectual and Industrial Property Rights

The Website, including but not limited to its programming, editing, compilation, and other necessary elements for its operation, designs, logos, trademarks, texts, and/or graphics are the property of STELAE.

Users acknowledge that reproducing, modifying, distributing, marketing, decompiling, disassembling, reverse engineering, or using any other means to obtain source code, transform, or publish any unauthorized test results of any integrated elements constitutes an infringement of STELAE's intellectual property rights, and agree not to undertake any such actions.

All Website content is duly registered and protected under Intellectual and Industrial Property laws and, as required, registered with the corresponding public records. Regardless of the intended purpose, total or partial reproduction, use, exploitation, distribution, and marketing always requires prior express written authorization from STELAE.

Designs, logos, texts, and/or graphics belonging to third parties appearing on the Website belong to their respective owners, who are responsible for any disputes arising from them.

Third-party holders of intellectual and industrial property rights over photographs, logos, and other symbols or content included on the Website have granted the necessary authorizations for reproduction, distribution, and public availability.

6.1 Third-Party Applications

If STELAE Services are integrated with third-party applications, websites, or services (Third-Party Applications) to provide Users with products, services, and content, Users must consider that these Third-Party Applications may have their own Terms of Use and Privacy Policies and, therefore, must comply with those regarding their use. Users understand and accept that STELAE is not responsible for the behavior, characteristics, or content of Third-Party Applications used on the Website.

 

  1. Applicable Economic Conditions for Clients

All prices for each Service are detailed on the Website, expressed in Euros (including VAT), and may be subject to change by STELAE.

Payment methods accepted will be those listed on the Website.

 

  1. Right of Withdrawal

The User has the right to withdraw from the Contract within 14 days from the moment of contracting the Services, provided that the Services have not yet begun to be executed by STELAE. In such cases, the exception in Article 103 – “Exceptions to the right of withdrawal,” section a), of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (“Consumer and User Law”) applies:

 

“The provision of services, once the service has been fully performed, and if the contract imposes an obligation to pay on the consumer or user, when the execution has begun, with the consumer’s or user’s prior express consent and knowledge that once the entrepreneur has fully performed the contract, the right of withdrawal is lost.”

 

  1. Liability and Warranties

By way of example, STELAE is not responsible for:

  1. The satisfaction of the User’s personal needs or requirements in relation to the Services contracted on the Website.
  2. Direct, indirect, and/or intangible damages, including personal injuries resulting from misuse of the Website.
  3. Loss of reputation, image, or data that may occur during use of the Website.
  4. Lack of availability, maintenance, and effective operation of the Website, excluding, to the maximum extent permitted by applicable law, any liability for damages of any kind resulting from unavailability or interruption of Website operation.
  5. Any defect, error, or malfunction of the Website.

 

STELAE reserves the right to admit or exclude any Users from its Website at its sole discretion. Specifically, any User who fails to comply with the rules contained herein or uses the Website improperly may be excluded.

 

STELAE also reserves the right to (i) remove, suspend, edit, or modify Website content at its sole discretion, at any time, without prior notice and for any reason, and (ii) remove, suspend, or block any use of the Website by the User.

 

STELAE also reserves the right to read, preserve, disclose, and access any information it reasonably considers necessary to (i) comply with applicable law or any judicial or governmental request, (ii) enforce these TyCG, including investigating potential violations, (iii) detect, prevent, or manage fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property, or safety of STELAE and its Users.

 

Nevertheless, STELAE declares that it has taken all necessary measures, within its means and technological state, to ensure the proper functioning of the Website and to prevent the existence and transmission of viruses and other harmful components to Users.

 

  1. Suspension and Cancellation of Services

STELAE may temporarily suspend access to the Website without prior notice for maintenance, repair, update, or improvement purposes.

In particular, STELAE reserves the right to remove, limit, or prevent access to its Platform when technical difficulties arise due to causes beyond STELAE’s control that, in its opinion, reduce or nullify the standard security levels adopted for proper Website operation.

STELAE is not responsible for the lack of availability, maintenance, or effective functioning of the Website, excluding, to the maximum extent permitted by law, any liability for damages resulting from unavailability or interruption of Website operation.

STELAE is also not responsible for cancellation or suspension of services on the Website due to causes not attributable to it. In any case, STELAE commits to resolving any issues and providing all necessary support to the User to reach a quick and satisfactory solution.

 

Force Majeure

STELAE is not responsible for force majeure events, understood as failure, suspension, or interruption of services or Website use, due to Internet network blockage, actions or omissions by third parties, or any other causes beyond STELAE’s control that prevent normal Website use.

 

  1. Hyperlinks

The Website may contain hyperlinks allowing the User to access third-party platforms or websites. STELAE assumes no responsibility for the content, information, or services on such platforms, which are provided exclusively for informational purposes by STELAE and do not imply any relationship, acceptance, or endorsement between STELAE and the owners of such content or websites.

In these cases, STELAE will not be responsible for establishing the Terms and Conditions to consider when using, providing, or contracting these third-party services and, therefore, cannot be held liable for them.

STELAE has neither the technical nor human means to know, control, or approve all information, content, products, or services provided by other websites linked from the Website. Consequently, STELAE cannot assume any responsibility for aspects related to websites linked from the Website, including, but not limited to, their operation, access, data, information, files, quality and reliability of products and services, links, or content.

However, if STELAE becomes aware that the activity or information linked from such websites is unlawful, criminal, or potentially damaging to third-party rights, it will act diligently to remove or disable the link as soon as possible.

 

  1. Indemnity

Users will indemnify, defend, and hold STELAE harmless from any damages, liabilities, and costs arising from third-party claims against STELAE, its directors, representatives, or employees of any position, including, but not limited to, reasonable legal fees, resulting from any material they provided to STELAE through misuse of the services or violation of these TyCG. STELAE will notify them promptly of any claims, actions, or proceedings using the contact details provided when registering for the services offered on the STELAE Website.

 

  1. Duration, Safeguards, and Modifications

The conditions published at the time the User accesses the STELAE Website are considered in force.

If any provision of these TyCG is declared unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that the remaining conditions and obligations remain in full force and effect.

STELAE may remove, modify, or replace the contents of this document at any time, publishing or sending a notification via the Website or email, without the User being entitled to claim any compensation.

 

  1. Data Protection

STELAE respects its Users' privacy and ensures that personal data is processed in accordance with applicable law.

For more information on STELAE’s privacy policy, please visit the following link: www.stelaeservices/en/privacy-policy

 

  1. Language

STELAE may translate these Terms and Conditions or any other policy published on the Website. The Spanish version shall prevail in case of conflict with any other translations.

 

  1. Governing Law and Jurisdiction

For the resolution of any disputes, questions, or claims arising directly or indirectly from the interpretation or execution of these TyCG, the parties waive any personal jurisdiction and submit to the jurisdiction of the courts of the city of the User’s residence.

Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, STELAE informs Users that in case of dispute, European Union residents may access the “Online Dispute Resolution Platform” developed by the European Commission to attempt extrajudicial resolution of any conflict arising from the provision of services by STELAE. 

Users can access the “Online Dispute Resolution Platform” through the following link: http://ec.europa.eu/consumers/odr/

 

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