Legal

General terms and conditions

This English version is a courtesy translation provided for convenience; the legally binding version of this document is the Spanish original.

Introduction

This contractual document governs the General Terms and Conditions for contracting or investing in real estate assets through the shellment.com platform, owned by SHELLMENT, S.L. under the trade name SHELLMENT, hereinafter the PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Terms will remain published on the website at the USER's disposal to reproduce and keep them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER's responsibility to read them periodically, as those in force at the time orders are placed will apply.

The contracts will not be subject to any formality except in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

These terms will be valid indefinitely and will apply to all contracting carried out through the PROVIDER's website.

Identity of the contracting parties

Purpose of the terms

These Terms of Use regulate access to and use of the private real estate investment platform offered by Shellment through the Website shellment.com (the "Platform"). Access to the Platform requires prior registration and is subject to express acceptance of these terms.

The PROVIDER acts exclusively as a marketplace and provider of technological intermediation services. The SPV is a legal entity totally independent and autonomous from the PROVIDER. Consequently, the PROVIDER does not hold the status of management body, attorney-in-fact, or guarantor of the obligations of said company. The PROVIDER does not guarantee and is not responsible for the fulfilment of the contractual, legal, corporate or tax obligations assumed by the SPV, its directors or managers.

Contracting procedure

In order to access the products offered by the PROVIDER, the INVESTOR must be of legal age and register through the website by creating a user account. To do so, the INVESTOR must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD) on personal data protection, as detailed in the Legal Notice and the Privacy Policy of this website.

The INVESTOR will select a username and password, for which they will have full responsibility of use and custody, and will be responsible for the truthfulness of the personal data provided to the PROVIDER, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or of possible access by an unauthorised third party, so that the PROVIDER proceeds to block them immediately.

Once the user account has been created, in accordance with article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

  1. General contracting clauses.
  2. Complaints.
  3. Force majeure.
  4. Severability.
  5. General terms of the offer.
  6. Price and validity period of the offer.
  7. Payment methods.
  8. Purchase process.
  9. Applicable law and jurisdiction.

General contracting clauses

Unless otherwise stipulated in writing, placing an order with the PROVIDER implies the INVESTOR's acceptance of these legal terms. No stipulation made by the INVESTOR may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.

The Platform offers information on investment opportunities in non-residential real estate assets. The published information is merely informative and does not constitute in any case financial, tax or legal advice, nor an investment offer or recommendation.

All investment involves risks, including the possible loss of the invested capital. Before making any investment decision, we recommend consulting an independent financial advisor and carefully evaluating the information documents available on the Platform.

Right of withdrawal

The right of withdrawal will not be applicable to the products offered through this platform, as they are goods or services whose price depends on fluctuations in the financial market, in accordance with article 103 of RDL 1/2007.

Complaints

Any complaint that the INVESTOR deems appropriate will be dealt with as soon as possible, and may be made to the following contact addresses:

Force majeure

The parties will not incur liability for any failure due to force majeure. Performance of the obligation will be delayed until the cessation of the force majeure event.

Severability

If any provision of these terms were considered void or impossible to fulfil, the validity, legality and fulfilment of the rest will not be affected in any way, nor will they suffer modification of any kind.

The INVESTOR declares having read, knowing and accepting these Terms in their entirety.

General terms of the offer

All contracting carried out by the PROVIDER will be deemed subject to these Terms.

No modification, alteration or agreement contrary to the Commercial Proposal of SHELLMENT, S.L. or to what is stipulated herein will have effect, except by express written agreement signed by the PROVIDER, in which case these particular agreements will prevail.

Price and validity period of the offer

The prices indicated for each product include any applicable taxes. Prices will be expressed in EURO. The INVESTOR acknowledges that the economic valuation of some of the real estate assets may vary in real time.

Payment methods

The PROVIDER is responsible for the economic transactions and enables the following methods to pay for an order:

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to the data. To achieve these purposes, the user/customer accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brand programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.

Severance and suspension or termination of the contract

If any of these terms and conditions were considered illegal, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the contract when the INVESTOR fails to comply with or follow any of the obligations established in this document or any applicable law, licence, regulation, directive, code of practice or usage policies.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

Applicable law and jurisdiction

These terms will be governed or interpreted in accordance with Spanish law in all matters not expressly established herein. The PROVIDER and the INVESTOR agree to submit any dispute that may arise from the provision of the services covered by these Terms to the courts and tribunals of the INVESTOR's domicile.

In the event that the INVESTOR has their domicile outside Spain, the PROVIDER and the INVESTOR expressly waive any other forum, submitting to the dispute resolution body that will act as intermediary between both in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of justice.