Terms and Conditions

1. Scope

These Terms and Conditions apply to all contracts you conclude with us via the spainmate website. Deviating terms only apply if we expressly agree to them in writing.

A “consumer” is any natural person who concludes a contract predominantly for private purposes. A “business” is anyone acting in a commercial or independent professional capacity when concluding the contract. Some provisions only apply to consumers; we point this out where relevant.

2. Provider

Your contractual partner is Auerswald Marketing S.L., Ctra. del Cap de la Nau Pla, 126-1-18, 03730 Xàbia, Spanien, NIF / VAT ID ESB09946799, e-mail: [email protected] (“spainmate”, “we”). Our customer service is available Mo–Fr, 10:00–19:00 Uhr (CET).

3. spainmate services

We support you with administrative procedures in Spain. The exact scope results from the service description on the website and your order, in particular:

• applying for a NIE number or NIE certificate with the Policía Nacional,
• applying for a NIF for companies and registering a NIE with the Agencia Tributaria,
• arranging a digital certificate through a recognised trust service provider,
• consultations on setting up an S.L. and referrals to partners for autónomos.

For the NIE, we act on the basis of a power of attorney you grant us. We prepare the power of attorney; its notarisation and apostille are not included in our price. You can arrange them with a notary of your choice or online via our partner notarity. notarity is an independent provider: the contract for the notary appointment is concluded directly between you and notarity or its partner notary, and their terms and prices apply.

spainmate is not a public authority, law firm or tax advisory firm and does not provide legal or tax advice. We work with licensed partners (e.g. gestorías, notaries, trust service providers) and may have parts of the service performed by them.

4. Conclusion of contract

The presentation of our services on the website is not a binding offer. By submitting the application form you make a binding offer. The contract is concluded when we confirm the order by e-mail or start processing it.

Before submitting, you can check and correct your details at any time using the “Back” button. The contract languages are English, German and Spanish. We store the contract text; you receive the essential order data by e-mail.

You must be at least 18 years old and have full legal capacity. Orders for minors are placed by their legal representatives.

5. Prices and payment

The prices shown on the website at the time of ordering apply. All prices include statutory VAT unless stated otherwise. Booked options (e.g. express, delivery of the original) are shown separately before submission.

Unless expressly booked, the following are not included: your notary's fees (including via notarity), apostille fees, translations and official fees that you have to pay yourself. If we advance official fees on your behalf, we will inform you beforehand.

Payment is due upon ordering. Payments are processed by the payment service provider Stripe; the available payment methods are shown during checkout. We start processing once payment has been received. You will receive an invoice by e-mail.

In the case of an unjustified chargeback, we may charge the fees incurred, provided you are responsible for the chargeback.

6. Your obligations to cooperate

Processing depends on your cooperation. In particular, you undertake to

• provide complete and truthful information, exactly as shown in your identity document,
• promptly sign the power of attorney and any other requested documents, have them certified and send them to us,
• inform us immediately of any changes (e.g. address, identity document) and be available for queries by e-mail or phone.

If the required documents have not been received three months after conclusion of the contract despite a reminder, we may terminate the contract. Services already performed (e.g. preparing the power of attorney and forms) will then be charged pro rata and any remaining amount refunded.

We are not responsible for delays or rejections based on incorrect or incomplete information.

7. Performance and processing times

We perform our services with due care and in accordance with the rules applicable in Spain. We keep you informed of progress by e-mail (and by SMS if desired).

Stated processing times are averages from receipt of all required documents. They also depend on the appointment system and working practices of the authorities, which we cannot influence. With the express option we commit to the stated processing time for our part of the service; if we fail to meet it for reasons within our control, we refund the express surcharge.

8. Decision of the authority

The competent authority or trust service provider alone decides whether to issue a NIE, NIF or certificate. We cannot guarantee a particular outcome.

If an application is rejected for reasons within our control, we will resubmit it free of charge or refund the price paid. If the rejection is based on your information or documents, we will support you with a resubmission; additional costs may apply, which we will tell you about in advance.

9. Right of withdrawal

As a consumer you have a statutory right of withdrawal. It does not apply to businesses.

Withdrawal notice

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period expires after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Auerswald Marketing S.L., Ctra. del Cap de la Nau Pla, 126-1-18, 03730 Xàbia, Spanien, e-mail: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Loss of the right of withdrawal: The right of withdrawal expires once we have fully performed the service, provided we only began performance after you gave your express consent and acknowledged that you would lose your right of withdrawal once the contract has been fully performed.

End of withdrawal notice

10. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under mandatory statutory provisions.

In cases of slight negligence, we are only liable for breach of an essential contractual obligation whose fulfilment is necessary for the proper performance of the contract and on whose observance you may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.

We are not liable for delays caused by authorities, notaries, postal or courier services or for the consequences of incorrect information provided by you, insofar as we are not responsible for them.

11. Confidentiality and data protection

We treat all information you provide confidentially and only pass it on where this is necessary to provide the service or required by law. This obligation continues after the end of the contract. Details can be found in our privacy policy.

12. Complaints and dispute resolution

If you are not satisfied with our service, please write to [email protected] stating your reference number and a short description. We usually reply within five working days. Consumers in Spain may also request the official complaint forms (hojas de reclamaciones).

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Applicable law and jurisdiction

Spanish law applies. If you are a consumer habitually resident in another country, you retain the protection afforded by the mandatory provisions of the law of that country.

For businesses, the place of jurisdiction is the registered office of spainmate. For consumers, the statutory places of jurisdiction apply.

14. Changes and final provisions

We may amend these Terms and Conditions with effect for future orders. The version valid at the time of ordering applies to contracts already concluded.

Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.

Annex: Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)