Terms and Conditions
I thank you for taking the time to read this document as it contains all the conditions that will govern the contracting of products and services through the website drgaviria.com and the associated subdomains owned by Jorge Ernesto Gaviria Parada as a provider.
Acceptance of this document implies that as a user: You are
- over 18 years of age.
- You have read, understand and accept what is expressed here.
- That you assume all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the websites owned by Jorge Ernesto Gaviria Parada.
Main domain: drgaviria.com
Jorge Ernesto Gaviria Parada reserves the right to modify or change these conditions at any time. If the modifications constitute a substantial change in the terms, drgaviria.com will notify you by publishing an advertisement on this website, without this affecting the products or services that were purchased prior to the modification.
Purpose of the Contract
This website offers the possibility of contracting products and services developed in the section “Description of products and services”.
From the moment of acceptance, the user acquires the status of candidate/client of drgaviria.com
As a condition to contract any of the services of Jorge Ernesto Gaviria Parada, the User must contact via email email@example.com and provide the information corresponding to their request by completing the corresponding form.
Identifier of the seller
By virtue of the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), the following information is offered: Company
- name: Jorge Ernesto Gaviria Parada.
- NIE: Y4932570G
- Contact email: firstname.lastname@example.org.
- Registered office: Carrer del Bruc 19. Primera Septima. 08950. Esplugues del Llobregat. BARCELONA – SPAIN
- Purpose of the website: to provide training, mentoring and consulting or consulting services. Sale of digital products by JORGE ERNESTO GAVIRIA PARADA.
Description of products and services
Through this website you can buy products and services in terms of professional advice on marketing, personal and professional development, sales and content creation, specifically:
- Online courses or training: Online training content available at password-protected digital platforms (on my websites) consisting of videos (hosted on Vimeo), texts and worksheets (hosted on google drive). These courses can be supported by videoconference with the GotoWebinar and/or Zoom tools. Students have the option to belong to a student community in a private Facebook group.
- Mentoring: (Mentoring 1 to 1 Lean Blog Startup) personalized tutoring sessions via videoconference by Skype or Zoom.
- Consulting: Expert advice service regarding a particular problem that the client exposes. The service is provided through Skype or Zoom sessions.
- Membership Lean Blog Startup: Access to content subject to recurring payment subscription (text format, videos, and downloadable content, etc.)
All these services are hired online.
The particular characteristics of each product or service will be reported in the description of each one.
Products delivered virtually are billed 100% in advance (see section “Acquisition conditions and payment methods”).
Personalized services are billed 100% in advance or according to conditions agreed with the candidate/client.
However, on some occasions the possibility of installment payment will be offered.
General Contracting Procedure
The procedure may only be carried out in the English language. If it could be carried out in another language, it will be indicated before starting the contracting procedure.
Both in the acquisition of digital products and services, the information to make the order that the User provides must be accurate, complete and updated at all times. Failure to do so constitutes a violation of the terms, which may result in the dissolution of the contract with drgaviria.com
Once the purchase has been made and in the shortest possible time, Jorge Ernesto Gaviria Parada will send the User by e-mail:
- An email with a receipt or payment receipt from the payment gateway (stripe or paypal).
- An email with the details of access to the service or product purchased.
- An email with an invoice through the Quaderno platform at the end of the month.
If the client does not agree with the information contained in any of these communications, he may request the modification of the same or the cancellation of the contract. In any case, the communication corresponding to the cancellation or modification must be made within seven business days from the confirmation of the order, through the email email@example.com and provided that the order has not been sent or has not started performing services.
Contracting Training Procedure:
As a condition for acquiring online training, the User must select the training and provide the information corresponding to the order in the corresponding form. The acquisition of the training must be done through the activation of the button “Buy now”, which appears in the images of the training displayed on the web and express full acceptance of each and every one of the Contracting Conditions as it is shown on the drgaviria.com website prior to the acquisition of such training.
Once the payment is confirmed, I will send you the confirmation and access within 24 hours. The training will start on the scheduled date.
If the candidate does not receive the purchase confirmation and the access codes within the maximum legal period of 30 days from the order confirmation, you can contact Jorge Ernesto Gaviria Parada through the contact form on this website or by sending mail to firstname.lastname@example.org.
Acquisition and way of working
Once the registration is made, a confirmation window will appear. Verify your data, select the course you want to enroll in and click the “Complete Payment” button to start the payment procedure. The PVP of each training incorporates the applicable VAT, in accordance with current legislation. Chosen the form of payment, it will be confirmed automatically. Access to the training is not subject to level or suitability tests and is carried out directly after making the payment and accepting these conditions.
You will know when the registration has been formalized when you have received an email with the purchase confirmation within 24 hours.
The price of online training acquired through my website does not include any advice or personalized mentoring work for the client. In the event that a webinar or consultation forum is enabled for this purpose, the student will be notified of the training via email.
As a user, you acknowledge that the identification numbers and passwords that are assigned to you for access to said training are personal and non-transferable, being solely responsible for the consequences that may derive from their misuse, disclosure or loss. In case of breach of this prohibition, the customer will be solely responsible for the acts carried out by the natural or legal person who uses the user’s identifier in an unauthorized way.
Once registered in the training area, you will have access to all the material included in each one, be they texts, videos, downloadable software, etc.
drgaviria.com grants the user a limited, non-exclusive, revocable and non-transferable license for online access (via web browser) to the web and the acquired and available training.
Procedure for contracting personalized services
Modality of application, response time from application to acceptance of the candidate and deadline for delivery of personalized services
Among the personalized services are consulting and mentoring services. These must be requested through a Google Docs form as a channel enabled for this purpose.
Mentoring services include access to online course materials.
Each request for personalized service is subject to assessment and approval by Jorge Ernesto Gaviria Parada. This can reject the corresponding application if it is outside its competence or the Candidate is not the appropriate one for that service. You can also provide alternative solutions to the Candidate, including the referral to its network of collaborating professionals.
The personalized services will be planned according to the availability of both Jorge Ernesto Gaviria Parada and the candidate in each case.
At the moment in which the candidate requests to have access to any of the personalized services, a suitable date will be found for both parties to conduct the first interview via Skype or Zoom, depending on the candidate’s requirements.
Once the interview is completed, the request for services will be resolved by email or phone call within a maximum period of 48 hours. During this period, Jorge Ernesto Gaviria Parada will be able to maintain contact with the candidate, to send him more communications and extract more information about his application.
In the case of reaching a mutual agreement, the services will be carried out within the agreed period with the candidate before the assignment.
Working way in personalized services
Once hired personalized service in question (consulting or mentoring), follow up with the customer you will be made by mail or through Skype sessions or Zoom. For each Skype or Zoom session, the date, duration, frequency and number of sessions will be chosen by consensus by both parties. During these sessions, Jorge Ernesto Gaviria Parada will inform the client of the evolution of the project, attend to any queries that may arise and propose suggestions for improvement if appropriate, in order to achieve the objectives defined in the first interview.
Tools and programs to establish communication
Communication with the user for support services can be done by email, Skype, Zoom, phone call or via WhatsApp.
In personalized services, the initial interview and the follow-up sessions by Skype will be able to be recorded and sent to the student by means of a wetransfer with the prior consent of the student.
Prices and shipping costs
The prices applicable to each product or service are those indicated on the corresponding website. Prices are expressed in euros (€) and do not include VAT (Value Added Tax) applicable in Spain or the corresponding country.
However, in accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax, the operation may be exempt or not subject to said tax depending on the country of residence of the buyer and the condition in the one that acts the same (businessman / professional or individual). Consequently, in some cases the final price of the order may be altered with respect to that shown on the website.
The billing process is done automatically using the Quaderno tool.
Validity of prices and offers
The products and services offered on the web, and their prices, will be available for purchase while they are exposed and can be viewed through the website. Users are asked to access updated versions of the website to avoid price errors. In any case, the orders in process will keep their conditions for 7 days from the moment they are formalized.
Accepted forms of payment
Jorge Ernesto Gaviria Parada accepts these forms of payment:
- Credit card (Stripe)
- Transfer (Only for personalized services)
- Apple Pay
No other method of payment is accepted.
The personalized services will be paid at the beginning of the contracted service or according to conditions agreed with the candidate.
Once the purchase is made, a confirmation of the contract made will be sent to the indicated email address, which will serve as proof of the operation “Proof of contract”, along with a copy of these general conditions, and of the particular conditions in your case; as well as the withdrawal form, and other documentation. The confirmation of the contract and its supporting document will not be valid as an invoice.
Fair use clause
All Jorge Ernesto Gaviria Parada personalized services are subject to a fair use clause. The definition of fair use is determined by drgaviria.com, in its sole and exclusive discretion.
The candidates that Jorge Ernesto Gaviria Parada considers to be abusing the contracted service will be contacted to define the conditions of use in each case. Jorge Ernesto Gaviria Parada reserves the right to suspend the service if it considers that it exceeds the reasonable use clause.
Jorge Ernesto Gaviria Parada expressly prohibits the reproduction, modification, communication or distribution, by any public or private means, of the contents provided to the client, as a consequence of the provision of the contracted services.
The reproduction or publication of any particular professional consultation provided to the client by drgaviria.com is strictly prohibited, either during the execution of the contracted service or after said execution.
Jorge Ernesto Gaviria Parada reserves the right to deny access to the contracted products or services to those users who carry out activities that violate its code of conduct, such as:
- The dissemination or reproduction, sale, distribution or commercial use, without the appropriate authorization. , of the materials provided in the execution of the consulting, mentoring or training programs.
- Carrying out activities that violate drgaviria.com’s intellectual property rights.
- Give a course with identical content, similar or equivalent to the training they have taken in the 18 months following its celebration. If so, the student must pay the amount of € 50,000 for exploitation rights.
- The use of the personal and non-transferable username and password for more than one person at the same time, causing clear fraud to the owner.
- Use of training for a purpose other than that intended.
Cancellation, returns and withdrawal of purchase
The withdrawal is the power of a consumer of a good to return it to the trade within a legal period, without having to claim or give any explanation about it or suffer a penalty.
The right of withdrawal may not be exercised (except for error or defect in the contracted product or service), in the following cases provided for by article 45 of the Commercial Law:
- Contracts for the supply of goods made in accordance with consumer specifications or clearly personalized, or that, by their nature, cannot be returned or may deteriorate or expire quickly.
- Contracts for the supply of sound or video recordings, discs and computer programs that have been unsealed by the consumer, as well as computer files, supplied electronically, capable of being downloaded or reproduced immediately for permanent use.
- And in general all those products ordered remotely that are made to measure for us: clothing, photographic development, etc., or that may be copied (books, music, video games, etc.).
- Personalized services (consulting and mentoring): the User will have a period of 7 calendar days to resolve the contracting of personalized services as long as the service has not started to be developed. Once the service has started, it will not be possible to request a refund.
In the cases where it corresponds, Jorge Ernesto Gaviria Parada, will proceed to make said refund by the same means in which it has been paid.
- Online training: the User will have a period of 14 calendar days to resolve the hiring of online training in the event that it does not suit their needs. I will proceed to make such refund by the same means in which it was paid. The student may not transfer his place to another person.
If the personalized service or online training is canceled by me, I will return to the candidate/user the amounts paid within 48 hours from the cancellation.
This right of withdrawal may be exercised through contacting by email: email@example.com.
Jorge Ernesto Gaviria Parada will not accept changes or returns that have not been previously communicated through the indicated channels.
The user / buyer may notify the claim, either by email to: firstname.lastname@example.org or by post addressed to: Jorge Ernesto Gaviria Parada, Carrer del Bruc 19. Primera Septima. 08950. Esplugues del Llobregat. BARCELONA – SPAIN
If you wish, you can also use the following withdrawal or claim form:
- Attention: Jorge Ernesto Gaviria Parada
- Carrer del Bruc 19. Primera Septima. 08950. Esplugues del Llobregat. BARCELONA – SPAIN
- E-mail: email@example.com
- The service:
- Acquired on the day::
- User Username:
- User address:
- Signature (only if it is presented on paper):
- Reason for the claim:
Resolution platform conflicts
In case it may be of interest to you, to submit your claims you can also use the dispute resolution platform provided by the European Commission and available at the following link:http://ec.europa.eu/consumers/odr /
Jorge Ernesto Gaviria Parada is not responsible for the effects that the application of the knowledge that he disseminates in his articles and training may cause.
Jorge Ernesto Gaviria Parada does not provide medical advice on this site or in its training.
Jorge Ernesto Gaviria Parada assumes no responsibility for any inaccuracy or omission or for the consequences derived from the use of the material contained on this website and, more specifically, Jorge Ernesto Gaviria Parada is exonerated from any responsibility for any risk or loss of personal or any other type, which may occur as a direct or indirect consequence of the use of any part of the material that appears on this website or in the training.
Jorge Ernesto Gaviria Parada does not assume any responsibility regarding the suitability of the contracted training, leaving that determination to the sole discretion and responsibility of the client.
Jorge Ernesto Gaviria Parada is also exonerated from each and every one of the responsibilities related to diseases, losses or damages. Likewise, Jorge Ernesto Gaviria Parada is exonerated from any responsibility or expense of any kind or property that originates from any application of the contents that are exposed in an informative and generic way in their training or content.
Service of attention to the candidate/client
In case of any doubt or incident with any of my services and products, you have support service. You can write to me at firstname.lastname@example.org
Data Protection Policy
Intellectual and industrial property
By means of these General Conditions, no intellectual or industrial property rights are transferred over the drgaviria.com portal or over any of its component elements or over the contents of its training and advice and the texts of personalized services, online training or membership, the reproduction, transformation, distribution, public communication, making available to the public, extraction, reuse, forwarding or use of any nature, by any means or procedure, of any of them, are expressly prohibited from the user, except in the cases in which it is legally permitted or authorized by the owner of the corresponding rights.
The User knows and accepts that the entire website, containing without exhaustive text, articles, training, and informational materials, images, designs, software, content (including structure, selection, arrangement and presentation thereof), material audiovisual and graphics, is protected by trademarks, copyright of Jorge Ernesto Gaviria Parada and other registered legitimate rights, in accordance with international treaties to which Spain is a party and other property rights and laws of Spain.
Modification of the Conditions of Use
Jorge Ernesto Gaviria Parada reserves the right to modify, at any time, the presentation and configuration of the website, as well as these General Conditions.
For this reason, Jorge Ernesto Gaviria Parada recommends that all users read them carefully each time they access the website. The contractors of any of the services offered on this website will always have the General Conditions in a visible place, freely accessible for as many queries as they wish to make.
In the event that any clause of these General Conditions is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these General Conditions.
Jorge Ernesto Gaviria Parada may not exercise any of the rights and faculties conferred in this document, which will not imply in any case the waiver thereof unless expressly acknowledged by Jorge Ernesto Gaviria Parada or prescription of the action that corresponds in each case.
Applicable law and jurisdiction
These Conditions of Use are subject to the provisions of Law 7/1998, on General Contracting Conditions, to Royal Legislative Decree 1/2007, of Consumers and Users, to Royal Decree 1906/1999, which regulates Contracting Telephone or Electronic, to the Organic Law 15/1999, on the Protection of Personal Data, to the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons (RGPD ), to Law 7/1996, on Retail Trade Management, and Law 34/2002, on Information Society Services and Electronic Commerce.
In accordance with article 29 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, contracts entered into electronically in which a consumer intervenes as part shall be presumed to be concluded in the place in which he has his habitual residence.
Electronic contracts between businessmen or professionals and users will be presumed to be concluded at the place where the service provider is established. In the event of a controversy arising from these general conditions and for the resolution of conflicts, the parties submit, at their free choice, and waiving any other jurisdiction, to the courts and tribunals of the User’s domicile.