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Terms and conditions

These General Terms and Conditions (hereinafter the "T&C") regulate the downloading, access, navigation and use by end users employed by companies (hereinafter the "Users") that contract the services of ELYSIUS EUROPA, S.L. (hereinafter "STELAE") of the website (hereinafter the "Website") of STELAE.

 

These T&C are intended for users who browse the STELAE’s Website and contract the services offered through it (hereinafter, the "Users").

 

STELAE's company’s information is the following:

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

 

 

  1. Acceptance of Terms and Conditions

By accepting the T&C, Users agree to act at all times in accordance with the provisions set forth in the clauses of this legal text. In case of not agreeing with all or part of these T&C, Users must refrain from using the Website.

The service provided on this Platform is governed by: (i) these General Terms and Conditions; (ii) Particular Conditions that, where appropriate, may be published on the Website; (iii) current and applicable laws, industry regulations and general criteria and practices.

By accepting these T&C, Users declare that they are over 18 years of age and have full capacity to understand and accept the content of these T&C and the nature of the services they are contracting 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. Access and use of the contents and services after the entry into force of its modifications or changes in the conditions imply the acceptance thereof.

 

  • 1.1. Acceptance of particular conditions

Access to certain content and the use of services may be subject to certain particular conditions, which, depending on the case, will replace, complete and/or modify these T&C and, in the event of contradiction, the terms of the particular conditions will prevail over the General Conditions.

Before using and/or requesting such specific services offered through the STELAE Website, Users should carefully read the particular conditions created, if any, for this purpose by STELAE. The use, reservation and/or request of such specific services implies the acceptance of the particular conditions that regulate them in the version published by STELAE at the time of such use, reservation and/or contracting through the Website.

 

  1. Information and object of this T&C

We call "Users" of the Website to any person 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 enabled on the Website with the data and information requested, as well as accept the T&C 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 of family and/or relatives in the territories of Catalonia and the Balearic Islands (hereinafter, the "Services").

 

  1. Services Contracting through the Website

In order to contract the Services, the User must complete the contracting form with the requested data regarding name, surname, telephone, email and whether the person for whom the services are contracted is deceased or not.  Once the aforementioned form has been completed, the person who has completed it will be registered in the STELAE Website, holding the condition of User of it.

In this sense, and in order to be registered on the Website and for the contracting of the Services to be processed correctly by STELAE, all data and information requested through the form must be completed by the User in an accurate, complete and truthful manner and must constantly updated.

Once the User has contacted STELAE through this form for contracting the Services, STELAE will contact the User by telephone within a maximum period of 2 hours, in the event that the contracting of the Services is directed to a deceased person. Once the call is completed, STELAE will send an email to the User confirming the Services that the User has indicated that he/she would need.

For cases in which the person to whom the contracting of the Services is addressed has not yet deceased, STELAE will contact the User via video call within a maximum response time of 24 hours. Once this video call is finished, STELAE will send an email inquiry detailing the Services offered and other information that the User may require in relation and those Services and STELAE.

The T&C, as well as the Privacy Policies and/or all the information available on the Website, apply to all Users of the Website from the first moment in which they are registered on the Website. These T&C are mandatory, binding and apply to all activities carried out on the Website. If Users do not fully accept these T&C and the Privacy Policy, they may not use the Website.

 

  1. Detailed description of STELAE's Services

STELAE’s Website has been developed with the purpose of providing a direct cremation service provided by STELAE in Cataluña and the Balearic Islands that offers:

  1. the cremation of the deceased without the presence of family and relatives within a period of time of between 48 hours and 72 hours, and
  2. the delivery of the ashes to the family and relatives within a period of less than 96 hours from the day on which the cremation of the deceased took place.

 

It is important to emphasize that this direct cremation Service does not offer the delivery of the coffin, nor the decision of the crematory, nor the preparation of the whole process and, therefore, these additional Services, if any, must be contracted separately by the User.

Notwithstanding the foregoing, the User may choose among the following Services that best suit his/her needs and which are detailed below:

 

  1. STELAE SOFT

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

 

  1. STELAE COMFORT

Includes STELAE SOFT services plus improvement of the urn (metallic) and legal management included. Service Price €1,600

 

  1. STELAE ELITE

Includes STELAE COMFORT services plus biodegradable urn, enhanced casket and farewell to the deceased prior to cremation. Service Price €1,995

 

  1. The use of the Website

The User also agrees to refrain from using the Website for purposes or effects that are unlawful or contrary to the provisions of the T&C.

By using the Website, the User accepts and understands that STELAE may keep its content for the time it needs to complete those purposes for which they were collected.

If the User becomes aware of the existence of any content that is illicit, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must immediately notify STELAE so that it can proceed to take the appropriate measures.

The use of the Website for purposes other than those set forth in these T&C is expressly prohibited. Therefore, STELAE shall not be liable for any improper use or manipulation of the Website.

The Website may provide access to a multitude of 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 the use of the Website and undertakes to make a lawful, diligent, honest, and correct use of any information or content accessed through the Website, and all this under the principles of good faith and respecting at all times the law in force and the present T&C.

 

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

  1. Registering or communicating data that are not true, accurate, complete and/or updated, or accessing the Website using the name, identifying data, or impersonating any person or identity. Likewise, the User is responsible for communicating to STELAE any modification and/or variation of any of the data communicated to STELAE.
  2. Maliciously or intentionally cause damage or harm that may undermine or alter the Website, nor shall it introduce or spread computer viruses that may cause unauthorized alterations to the contents or systems comprising the Website. The User shall not scan or test the vulnerability of any STELAE system or network, or breach any security or authentication measures, or attempt to decrypt or disassemble the software used by STELAE to offer the services through the Website.
  3. Use the Website for fraudulent purposes, or in connection with criminal offenses or unlawful activities of any kind.
  4. Reproduce, copy, distribute, transform or modify the information and contents hosted on the Website, unless authorized by the owner of the corresponding rights.
  5. Use the Website to send, use or re-use material that contains information that is unlawful, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening in any way, or that violates copyright, trademark or confidentiality, privacy or any other right, or is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content and, in general, any unnecessary annoyance or inconvenience.
  6. Downloading, sending or otherwise distributing content or applications that may violate any applicable law or infringe any rights of any party.
  7. Promote or encourage third parties to carry out any of the above practices or contribute to them.
  8. Send and/or upload:
  • Material defamatory to any person.
  • Any obscene, offensive, defamatory material.
  • Any sexually explicit material.
  • Any material that promotes violence.
  • Any material that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Any copyright, database right or trademark of any other person.
  • The privacy rights of any other person.
  • The personal data of any other person, unless you ensure that such person has consented to be bound by these T&C.
  • Any material that promotes any illegal activity.
  • Threats, abuse, or invasion of another person's privacy.
  • Content that causes annoyance, inconvenience, or needless anxiety.
  • Harassment, annoyance, or content that embarrasses, alarms, or annoys any other person.
  • Content by which the identity of another person is impersonated.En este sentido, STELAE tendrá derecho a investigar y denunciar cualquiera de las conductas mencionadas de acuerdo con la Ley, así como a colaborar con las autoridades en la investigación de dichas actuaciones.

 

  1. Intellectual Property rights

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

Users acknowledge that the reproduction, modification, distribution, commercialization, disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation, or publication of any unauthorized reference test results of any of the elements and utilities integrated within the development constitutes an infringement of STELAE's intellectual property rights, and consequently, they are obliged not to carry out any of the aforementioned actions.

All the contents of the Website are duly registered and protected by the Intellectual Property regulations, as well as being duly registered in the corresponding public registries. Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution, and commercialization requires in any case the prior, express and written authorization from STELAE.

The designs, logos, texts and/or graphics not belonging to STELAE, and which may appear on the Website belong to their respective owners, and they are responsible for any possible controversy that may arise with respect to the it.

Third-party holders of intellectual property rights over photographs, logos, and any other symbols or contents included in the Website have granted the corresponding authorizations for their reproduction, distribution and availability to the public.

 

  1.  
    1. Third Party Applications

In the event that STELAE's Services become integrated with applications, websites and services of third parties (Third Party Applications) in order to make their products, services and content available to Users, Users must take into account that these Third Party Applications may have their own Terms and Conditions of Use and Privacy Policies and, therefore, must be governed by these with respect to the use that Users make of them. Users understand and agree that STELAE shall not be responsible for the behavior, characteristics or content of Third Party Applications that may be used on the Website.

 

  1. Economic conditions applicable to Customers

All prices for each Service are detailed on the Website are expressed in Euros (and include VAT) and may be subject to change by STELAE. The applicable payment methods will be those accepted on the Website.

 

  1. Right of withdrawal

The User shall have the right to withdraw from the Agreement during the period of 14 days from the moment of contracting the Services, provided that the Services have not begun to be performed by STELAE, in which case the exception set forth in Article 103 - "Exceptions to the right of withdrawal" shall apply, section a), of Spanish Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws ("Consumers and Users Law"):

 

"The provision of services, once the service has been fully executed, and if the contract imposes on the consumer or user an obligation to pay, when the execution has begun, with prior express consent of the consumer or user and with the knowledge that, once the entrepreneur has fully executed the contract, he/she will have lost his right of withdrawal."

 

  1. Liabilities and warranties

By way of example, STELAE is not liable for:

  1. The satisfaction of the User's personal needs or requirements in relation to the Services contracted within the Website.
  2. Direct or indirect and/or intangible damages, including personal injuries suffered as a consequence of misuse of the Website.
  3. The loss of reputation, image, or data, which may occur during the use of the Website.
  4. The lack of availability, maintenance, and effective operation of the Website, excluding, to the maximum extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of operation of the Website.
  5. Any defect, error, or problem in the operation of the Website.

STELAE reserves the right of admission and exclusion of any User from its Website at its own discretion. In particular, any User who does not comply with the rules contained in these terms and conditions or makes inappropriate use of the Website may be excluded from the Website.

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

STELAE also reserves the right to read, preserve, disclose and access any information it deems reasonably necessary to (i) comply with applicable law or any judicial or governmental request or requirement, (ii) enforce these T&C, including the investigation of potential violations thereof, (iii) detect, prevent or manage fraud, security or technical problems (iv) respond to requests for assistance to the User or (v) protect the rights, property or safety of STELAE and its Users.

Nevertheless, STELAE declares that it has adopted all necessary measures, within its possibilities and the state of technology, to ensure the operation 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, without prior notice, access to the Website for maintenance, repair, updating or improvement operations.

In particular, STELAE reserves the right to eliminate, limit or prevent access to its Website when technical difficulties arise due to events or circumstances beyond STELAE's control that, in its opinion, diminish or annul the standard security levels adopted for the proper functioning of the Website.

STELAE is not responsible for the lack of availability, maintenance and effective operation of the Website, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website.

STELAE also assumes no liability for the cancellation or suspension of services on the Website for reasons not attributable to it. In any case, STELAE undertakes to solve any problems that may arise and to offer all necessary support to the User to reach a quick and satisfactory solution to the incident.

 

Force Majeure

STELAE is not responsible for cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Website, as a result of blockage of the Internet network, actions or omissions of third parties, or any other causes or circumstances beyond STELAE's control that prevent the normal use of the Website.

 

  1. Links

The Website may contain hyperlinks that allow the User to access third-party platforms or websites. STELAE assumes no responsibility for the content, information or services that may appear on such platforms, which shall be understood to be offered exclusively for information purposes by STELAE, and in no case imply any relationship, acceptance or endorsement between STELAE and the persons or entities owning such content or owners of the sites where they are located.

In these cases, STELAE will not be responsible for establishing the General and Particular Terms and Conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, may not be held responsible for them.

STELAE has no power or human or technical means to know, control or approve all information, content, products, or services provided by other websites to which links may be established from the Website. Consequently, STELAE cannot assume any type of responsibility for any aspect related to the web pages to which a link may be established from the Website, specifically, but not limited to, their operation, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents, in general.

However, in the event that STELAE becomes aware that the activity or information to which it refers from such links is unlawful, constitutes a crime or may damage property or rights of a third party, it will act with the necessary diligence to remove or disable the corresponding link as soon as possible.

 

  1. Indemnity

Users will indemnify, defend and hold harmless STELAE from all damages, liability and costs that may arise as a result of a third party claim against STELAE, and/or its officers and/or representative and/or employee from any charge, action or claim, including, but not limited to reasonable legal expenses, resulting from any material they have provided to STELAE through any improper use of the services STELAE provides or in violation of these T&C. STELAE will promptly notify them of any claim, action or proceeding through the data they themselves have provided at the time of registration for the services that the STELAE Website offers.

 

  1. Term and modifications

The conditions that are published at the time the User accesses STELAE’s Website are understood to be in force.

If any provision of these T&C is declared inapplicable or invalid, such provision shall be limited or eliminated to the minimum extent necessary for the remaining conditions and obligations to remain in full force and effect and of mandatory compliance.

STELAE may delete, modify, or replace the contents of this document at any time, by publishing or sending a notice through the Website or by e-mail, without the possibility for the User to claim any compensation.

 

  1. Data Protection

STELAE respects the privacy of its Users and will ensure that personal data is processed in accordance with current legislation.

For more information about STELAE's privacy policy, please visit the following link: https://stelaeservices.com/en/privacy-policy

 

  1. Language

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

 

  1. Out-of-court dispute resolution

For the resolution of any discrepancy, question or claim derived directly or indirectly from the interpretation or execution of the present T&C, the parties waive their own jurisdiction that may correspond to them and submit to the jurisdiction of the Courts and Tribunals of the city of the User's domicile.

Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, STELAE informs you that, in the event of a dispute, Users residing in the European Union may resort to the "Online Dispute Resolution Platform" developed by the European Commission, in order to attempt to resolve out of court any dispute arising from the provision of services by STELAE.

The User can access the "Online Platform for Dispute Resolution" through the following link: http://ec.europa.eu/consumers/odr/

 

For more information, call us on

900 841 349