§ 1General provisions
- These terms and conditions (the “Terms”) set out the rules for using the website available at esdevita.com (the “Website”) and for the electronic services provided through it.
- The Website is operated by Esdevita Costa Del Sol S.L., registered office at Alejandro Dumas 17, 29004 Málaga, Spain (the “Provider”). Contact: e-mail info@esdevita.com, phone +34 744 653 770.
- The Terms are made available free of charge in a form that allows them to be downloaded, saved and printed. By using the Website you accept the Terms.
- The Terms take into account Spanish law, in particular Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) and the consumer and user protection rules (Royal Legislative Decree 1/2007).
§ 2Definitions
- User — any person using the Website.
- Listing — a description of a property presented on the Website, with photos, price and features.
- Enquiry — a message sent by the User through a form on the Website, e.g. on a Listing, on the contact page or on the home page.
- Selection page — a personal page with selected Listings, prepared by the Provider’s adviser for a specific User and shared via a non-public link.
§ 3Scope of services
Through the Website the Provider offers, free of charge:
- browsing and searching property Listings in Spain, in particular on the Costa del Sol;
- sending Enquiries about Listings and booking a free consultation with an adviser;
- purchase-cost and financing calculators;
- viewing Selection pages prepared by the Provider’s advisers;
- articles and guides about buying property in Spain.
The agreement for electronic services is concluded when the User starts using the Website and ends when the User leaves it. For an Enquiry it lasts until the Enquiry has been handled. The User may stop further contact at any time by writing to info@esdevita.com.
§ 4Technical requirements
To use the Website you need a device with Internet access, an up-to-date web browser (e.g. Chrome, Firefox, Safari, Edge) with JavaScript and cookies enabled, and — for Enquiries — an active e-mail address or phone number. Some elements of the Website, such as maps, are provided by third parties.
§ 5Listings
- Listings are for information only and do not constitute a binding offer under civil law; they are an invitation to negotiate.
- Listing data — descriptions, prices, areas, completion dates, photos and renders — largely comes from developers and partners of the Provider and is updated automatically. The Provider makes every effort to keep it accurate and up to date but does not guarantee its completeness or the availability of a property at the time of an Enquiry.
- Photos and renders may be illustrative. The binding features of a property are set out in the developer’s or seller’s documents and in the contract.
- Prices are in euros and, unless stated otherwise, do not include taxes or purchase costs (e.g. VAT/IVA or ITP, AJD, notary, land registry). Binding terms are agreed individually and confirmed in the reservation agreement, the deposit contract (contrato de arras) and the notarial deed.
§ 6Calculators and estimates
Results of the calculators on the Website (including purchase costs, taxes, fees, mortgage payments and rental income) are estimates only, for guidance, based on simplified assumptions. They are not an offer, nor tax, legal or financial advice. Exact costs are determined individually by the Provider’s adviser and, where necessary, by a notary, tax adviser or bank.
§ 7Enquiries and consultations
- Sending an Enquiry requires the contact details indicated in the form and acceptance of these Terms and the Privacy Policy.
- An Enquiry sent from a Listing is automatically linked to that Listing (its reference number), so the adviser knows which property it concerns. The Provider replies to Enquiries as soon as possible, by phone or e-mail.
- An Enquiry is non-binding — it is not an order and creates no obligation to buy or to conclude any contract. Information given in the form, such as a budget or preferences, is used only to tailor proposals.
- The User agrees to provide true information and not to send Enquiries on behalf of others without their consent.
§ 8Fees
Using the Website, sending an Enquiry and a consultation with an adviser are free of charge. When buying a property from a Listing presented by the Provider, the buyer pays no commission to the Provider — the Provider’s fee is covered by the seller or developer. Any additional services are provided only under a separate agreement, with the scope and price agreed in advance.
§ 9Selection pages
A link to a Selection page is intended only for the User for whom it was prepared and should not be shared with third parties. A Selection page may have a limited validity period, and the Provider may disable or update it at any time, e.g. when a Listing is no longer available.
§ 10User obligations
The User agrees to:
- use the Website in accordance with the law, these Terms and good practice;
- not submit unlawful or offensive content or content that infringes the rights of others;
- not interfere with the operation of the Website, including attempts at unauthorised access;
- not download Website content in an automated or bulk manner (e.g. scraping) and not copy the Listings database without the Provider’s consent.
§ 11Intellectual property
Website content — including texts, articles, layout, logo and software — is protected by copyright and industrial property law. Photos, renders and descriptions of Listings may belong to developers or partners of the Provider. Copying, distributing or using them commercially without the rightholder’s consent is prohibited, except for personal use permitted by law.
§ 12Liability
- The Provider makes every effort to keep the Website running continuously and correctly but may temporarily restrict access due to maintenance, updates or failures beyond its control.
- The Provider is not liable for Listing data supplied by developers and partners, for decisions made solely on the basis of information on the Website or calculator results, or for the content of external websites linked from the Website.
- Nothing in these Terms excludes or limits the Provider’s liability towards consumers where mandatory law does not allow it.
§ 13Personal data and cookies
The Provider is the controller of Users’ personal data. Data given in Enquiries is processed to handle them — in the Provider’s system and in a CRM system (HubSpot). Details, including the User’s rights, are set out in the Privacy Policy. The use of cookies is described in the Cookie Policy.
§ 14Complaints
- Complaints about the Website can be sent by e-mail to info@esdevita.com or in writing to the Provider’s registered office, including contact details and a description of the problem.
- The Provider handles a complaint within 14 days of receipt and replies in the form in which it was submitted, unless the User requests otherwise.
- Official complaint forms of the Junta de Andalucía (hojas de quejas y reclamaciones) are available at the Provider’s office. Consumers may also use out-of-court dispute resolution, e.g. the Junta Arbitral de Consumo, or the European Consumer Centre in their country.
§ 15Final provisions
- These Terms are governed by Spanish law. This choice of law does not deprive consumers of the protection afforded by the mandatory provisions of the country of their habitual residence.
- Disputes are resolved by the courts competent for the Provider’s registered office (Málaga), without prejudice to the consumer’s right to bring proceedings before the court competent under consumer protection rules.
- The Provider may amend these Terms for valid reasons, in particular changes in the law or in the scope of services. The new version is published on the Website with its effective date; Enquiries submitted earlier are handled under the previous rules.
- These Terms are available in Polish, English and Spanish. In case of discrepancies, the Polish version prevails.
- For questions about these Terms please contact us: info@esdevita.com, phone +34 744 653 770, or via the contact page.
