Welcome to www.gestiona.ch. By accessing or using our website and the services offered by GESTIONA Advanced Legal Tech GmbH, you agree to be bound by the following terms and conditions. These terms may be updated periodically, so we recommend that you review them regularly.

Provider Identification

The service is provided by GESTIONA Advanced Legal Tech GmbH, located at Lange Gasse 90, CH-4052 Basel, Switzerland. You can contact us through:

  • Email: info@gestiona.ch
  • Website: www.gestiona.ch
  • UID: CHE-155.501.921

Definitions

  • Client: Refers to any individual of legal age, association, company, partnership, or entity interested in contracting the services and products of GESTIONA Advanced Legal Tech GmbH.
  • User: Any individual of legal age, legal entity, or any other similar entity or association. Users must be over 18 years old, and if acting on behalf of third parties, must have the sufficient authority to do so.

Purpose and Scope

These terms and conditions govern the use of the website www.gestiona.ch and the services offered by GESTIONA Advanced Legal Tech GmbH. These terms establish the rights and obligations of both users and clients.

Each service offered may be subject to specific conditions that must be expressly accepted by the client before use and/or contracting. In case of a conflict between these terms and the specific conditions of a service, the specific conditions will prevail.

If you disagree with any of the conditions, you can unsubscribe from the service at any time or, if not registered, leave the website www.gestiona.ch.

Formation of the Contract

The contract will be considered formalized when the client clicks the confirmation button to accept the terms and conditions and the privacy policy of GESTIONA Advanced Legal Tech GmbH, after providing the necessary data for the contracting process.

Subcontracting

GESTIONA Advanced Legal Tech GmbH reserves the right to subcontract other individuals or entities to carry out procedures and tasks necessary for the fulfillment of the contract.

Applicable Legislation

These terms and conditions are subject to relevant Swiss and European legislation, including but not limited to:

  • Swiss Federal Data Protection Act (DSG)
  • EU General Data Protection Regulation (GDPR)
  • Swiss Code of Obligations
  • Swiss Federal Telecommunications Services Act
  • Swiss Unfair Competition Act (UWG)

User Registration and Access

To register and contract a service, you must provide the requested information in the registration form and accept the terms of use and the privacy policy, which will govern the relationship between the user and GESTIONA Advanced Legal Tech GmbH.

Contracting Procedure

The services of GESTIONA Advanced Legal Tech GmbH can be contracted through our online platform, by phone, or in person at our offices.

In accordance with current Swiss and European legislation, contracts concluded electronically have full legal validity, as long as they are consented to by both parties and this consent can be verified. The electronic contracting process takes place in the following steps:

  1. Select the product or service.
  2. Add the product or service to the cart.
  3. Select the shipping method (except for virtual or downloadable products).
  4. Complete the purchase.
  5. Fill in billing details and, where applicable, shipping details.
  6. Accept the terms and conditions of the service and the privacy policy.
  7. Place the order and make the payment through a secure payment gateway.

To complete the contracting process, the client must expressly accept the contracting conditions and the privacy policy. Then, the client will be redirected to the PayPal payment platform to complete the transaction. GESTIONA Advanced Legal Tech GmbH does not have access to the user’s credit card data or other payment systems, thus ensuring the security of the payment process.

Within a maximum of 24 hours, the client will receive an email with the details of their order. This document, along with the payment receipt, will confirm that the contracting process has been completed successfully. If the client does not receive this communication, it is recommended to check the “spam” folder or contact us to resolve the issue.

Both the client and GESTIONA Advanced Legal Tech GmbH agree to equate the client’s digital signature, obtained through any type of key, code, symbol, or security element, to a handwritten signature. However, GESTIONA Advanced Legal Tech GmbH may require written confirmation to formalize the contract. By contracting a product or service, the client authorizes GESTIONA Advanced Legal Tech GmbH to carry out the necessary procedures on their behalf through www.gestiona.ch.

Contract Duration

For recurring services, including monthly subscriptions, the renewal will be automatic each month. GESTIONA Advanced Legal Tech GmbH reserves the right to modify these terms and conditions at any time. The client will be notified of any changes at least 30 days in advance via a notice on the website of GESTIONA Advanced Legal Tech GmbH. The modifications will take effect once the notification period has passed, and the client will have the right to terminate the contract without penalty if they do not accept the new terms.

For one-time and non-recurring products or services, the contract duration is limited to the time necessary to complete the requested service. Once GESTIONA Advanced Legal Tech GmbH has completed the contracted procedures and neither party has indicated otherwise, the contract will be considered terminated.

The contract may be terminated early in the following circumstances:

  1. Breach of contract obligations.
  2. Completion of the duration period, provided that notice is given at least 30 days in advance.
  3. Non-payment of agreed amounts. In this case, GESTIONA Advanced Legal Tech GmbH may suspend the service until the corresponding payment is made.
  4. Dissolution, liquidation, or loss of legal personality of either party.
  5. Significant changes in the essential conditions of the contract.

To fully terminate the contract, the client must pay all outstanding amounts.

Processing or Delivery Deadlines

The estimated processing and delivery times for all products and services are indicated on our website. These times begin once the client has provided all the requested information and documentation. GESTIONA Advanced Legal Tech GmbH’s obligations will be suspended until the client provides all necessary data.

The dates and delivery times provided are approximate and are not part of the terms and conditions unless the service is urgent.

GESTIONA Advanced Legal Tech GmbH is not responsible for any losses, damages, or expenses caused directly or indirectly by delays or incidents in the delivery of products or services on the scheduled dates. It is also not responsible for delays in deliveries made by third parties, especially when the procedure depends on government entities.

The client agrees that delays or losses of documentation during shipping are the responsibility of the shipping entity. The client can claim directly with the shipping company using the tracking code for certified shipments. If the client opts for regular shipping without tracking, no tracking number will be available for claims.

Liability

GESTIONA Advanced Legal Tech GmbH is not responsible for third-party claims arising from errors, defects, or incorrect information provided by the client.

The contracted services do not include the drafting of responses to public administration requirements if these arise from errors in the documentation provided by the client. If the client wants GESTIONA Advanced Legal Tech GmbH to handle such requirements, both parties will agree on an additional price for this service.

GESTIONA Advanced Legal Tech GmbH is committed to providing a correct and functional service through its virtual platform. However, it is not responsible for problems arising from malicious actions by third parties or unforeseen events that may affect the operation of the platform, including but not limited to:

  1. Improper use of the platform to publish, distribute, or store defamatory, discriminatory, violent, or unlawful content, as well as the introduction of viruses or other harmful elements.
  2. Platform operational failures caused by factors beyond GESTIONA Advanced Legal Tech GmbH or by force majeure events.

Prices and Fees

The prices and fees for the services offered through the platform are clearly specified for each product or service. These prices include the applicable VAT and are the only valid ones unless there is a typographical error, in which case GESTIONA Advanced Legal Tech GmbH undertakes to correct it immediately.

Prices may be adjusted annually in January, according to the year-on-year CPI. GESTIONA Advanced Legal Tech GmbH reserves the right to modify prices in exceptional situations, such as legislative changes that impose new obligations on the client. Any modification of rates will be published on the platform and will not be retroactive unless otherwise stated.

Payment Methods

The client can choose from several payment methods, including:

  • Online payment with a bank card: Visa, Mastercard, or Maestro, through the secure Stripe platform, ensuring data encryption.
  • Online payment via PayPal: using a PayPal account or a bank card, adding an extra layer of consumer protection.

Once the contracting process is completed, a summary screen of the operation performed will be shown.

Client Obligations

The client agrees to comply with the Swiss Code of Obligations and other applicable regulations during the term of the contract. If any content accessible through the website www.gestiona.ch violates current regulations, GESTIONA Advanced Legal Tech GmbH commits to removing it once the infringement is confirmed.

Intellectual and Industrial Property Rights

GESTIONA Advanced Legal Tech GmbH is committed to protecting intellectual and industrial property rights. No licenses or usage authorizations are granted to the user or client regarding these rights or any other rights related to this website and the services offered.

GESTIONA Advanced Legal Tech GmbH is the exclusive owner of all copyright, intellectual, and industrial property rights and is authorized to use the virtual platform without geographical, temporal, or broadcasting medium restrictions, except for legal limitations.

The client acknowledges that any form of exploitation of the contents of this website, such as reproduction, distribution, commercialization, transformation, among others, constitutes an infringement of the rights of GESTIONA Advanced Legal Tech GmbH. In case of infringement, GESTIONA Advanced Legal Tech GmbH reserves the right to take appropriate legal action.

GESTIONA Advanced Legal Tech GmbH assures that it is the legitimate owner of the content of the domain gestiona.ch and is not involved in legal disputes regarding ownership. The client acknowledges that the information accessible through www.gestiona.ch is protected by intellectual and industrial property rights.

Reproduction, plagiarism, transmission, translation, modification, creation of derivative works, and/or public communication of the content of the site are prohibited without the prior express consent of GESTIONA Advanced Legal Tech GmbH. In case of infringement, the client assumes all direct or indirect responsibilities.

GESTIONA Advanced Legal Tech GmbH informs that any unauthorized use of the website’s content, including texts, design, structure, features, graphics, information systems, methodologies, algorithms, trademarks, works, logos, source code, and any other data susceptible to protection, is prohibited without the express consent of the owner.

The use of the service or access to the website’s content does not imply the transfer of ownership or the granting of usage rights to the client beyond what is expressed in these terms. GESTIONA Advanced Legal Tech GmbH reserves all rights not expressly granted in this contract.

The client is responsible for the content and information they publish or manage on the platform, and GESTIONA Advanced Legal Tech GmbH acts solely as the service provider.

GESTIONA Advanced Legal Tech GmbH does not acquire intellectual property rights over the data entered by the client on the platform, limiting its use to the provision of the contracted service.

Returns

If a user contracts a service or product and does not exercise their right of withdrawal within the established period, no refund will be made.

If a product or service cannot be delivered or completed after processing the order, GESTIONA Advanced Legal Tech GmbH will notify the client by email or phone. The client may choose to receive a partial delivery of their order, substitute unavailable services with others of equal value, or cancel the order in full or in part. In these cases, the corresponding amount will be refunded within a maximum of 30 days from the formalization of the order.

No refund will be processed for “downloadable” products once the client has downloaded them from the platform www.gestiona.ch.

Resolution and Right of Withdrawal

GESTIONA Advanced Legal Tech GmbH may unilaterally terminate this contract at any time at its discretion, proceeding as follows:

The contract or any of the contracted modalities may be terminated by written notice to the client through any means available, with 5 days’ notice, if the client fails to comply with any of the obligations set forth in this contract, without such termination giving rise to any claim or compensation by the client.

GESTIONA Advanced Legal Tech GmbH reserves the right to change the name of the contracted modality, or modify its conditions, as well as these General Terms and Conditions of Contract, replace them with others of similar characteristics, or cancel them, notifying the client in advance in accordance with these service conditions.

Upon termination of the contract, for any of the reasons outlined, the provisions regarding the use of information, confidentiality, and responsibility will continue to apply to the client. The conclusion of the contract does not imply the extinction of obligations that arose for the parties up to the moment of the contractual resolution.

The client has the right to withdraw from the contracted service without the need for justification within 14 calendar days from the acceptance of the terms and conditions of the contract. To exercise this right, the client must notify their decision to GESTIONA Advanced Legal Tech GmbH.

Once the withdrawal request is received, GESTIONA Advanced Legal Tech GmbH will refund the amount paid within a maximum of 14 calendar days. If the contracted service has already started during this period, the client will be charged for the proportionate amount of the service provided up to the moment of withdrawal. Any shipping costs incurred will also be charged.

If the client does not exercise their right of withdrawal within the stipulated period, no refund will be made.

Assignment

The client may not transfer this contract, nor delegate any of the obligations derived from it, without the prior consent of GESTIONA Advanced Legal Tech GmbH. In any case, the third party assignee must assume all the obligations of this contract.

GESTIONA Advanced Legal Tech GmbH may, however, assign the rights and obligations derived from this contract, informing the client of this and without requiring the client’s consent.

Service Billing

All contracted services must be paid for before they are provided. Invoices will be issued and sent in electronic format, in accordance with applicable Swiss and European legislation. By accepting these terms, the client consents to the issuance of digital invoices.

Specific Conditions for Certain Services

Consultation Service

GESTIONA Advanced Legal Tech GmbH offers an online consultation service on various branches of law. The answers provided are purely informational and do not imply responsibility for their use.

Income Tax Return (IRPF)

The client is responsible for the accuracy of the information provided for the preparation of their IRPF tax return.

Descriptive and Graphic Land Registry Certification

Land registry certifications containing protected data can only be requested by landowners or persons expressly authorized. If it is not possible to obtain the certification due to incorrect registration in the Land Registry, a Telematic Land Registry Certificate will be provided.

Registry Certification

The cost of the service does not include the cancellation of expired encumbrance notes, which will vary depending on the land registry property. If the Property Registry does not issue the certification electronically, the client must bear the shipping costs.

Customer Service

GESTIONA Advanced Legal Tech GmbH offers a customer service available for any complaints or other contingencies:

  • Customer service hours by email:
    • Monday to Thursday: 08:00 to 16:00
    • Friday: 08:00 to 13:00
  • Contact methods:
    • Email: info@gestiona.ch
    • Contact form: Contact

Confidentiality

The client must provide the necessary information and documentation for the optimal provision of the services. Both parties agree to maintain the confidentiality of all exchanged information and not to use it for purposes other than those specified in the contract. Both GESTIONA Advanced Legal Tech GmbH and the client will take the necessary measures to ensure compliance with this confidentiality clause, including restricting access to employees and third parties.

Personal Data Protection

GESTIONA Advanced Legal Tech GmbH and the client commit to maintaining the strictest confidentiality regarding the personal data obtained in the performance of this contract. Both parties agree to comply with all applicable legal provisions, including the security measures established by the Swiss Federal Data Protection Act (DSG) and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR).

In particular, GESTIONA Advanced Legal Tech GmbH commits to not using the processed personal data for purposes other than those specified in this contract, nor to disclosing it to third parties, unless legally required or when necessary for the provision of the contracted service. Any breach of this obligation will result in liability for any damages that may arise.

All personal data provided during the use of the website www.gestiona.ch and during the provision of services will be managed according to our Privacy Policy, which must be expressly accepted by the client when registering and formalizing the contract.

The client has rights regarding their personal data, which can be exercised as indicated in our Privacy Policy. All contracts will be recorded in a file for the control and management of contracts, ensuring the security and proper completion of the procedure.

For more information, please refer to the data protection policy available on our website.

Dispute Resolution

If any provision of these terms of use is declared invalid by a judicial ruling or a final arbitration decision, the remaining provisions will remain valid, and the affected clauses will be replaced with others that maintain the intended effects of the terms of use.

To resolve any disputes arising from the interpretation or fulfillment of the terms of the contract, the parties submit to the Courts and Tribunals of Basel, waiving any other jurisdiction that may correspond to them.