Terms & Legal

1. Company.
ADRISER ONLINE SL (hereinafter Cobratis®) with C.I.F. B54546171 domiciled in C / PABLO IGLESIAS 128 ENTLO B – 03600 ELDA (ALICANTE), is owner of cobratis.es and cobratis.com. It owns the files where the personal data of its clients are collected and those inherent in the service rendering, except for the data belonging to the debtor and being owned by the creditor, are temporarily assigned to Cobratis because they are necessary to satisfy the service To its customers.

On the other hand, Cobratis has the legal coverage of several associated disputes throughout the Spanish judicial demarcation, in order to serve the client from start to finish and offer the services of these professionals in phases after the trial where this is necessary .

In those phases after the payment process, the firm associated with the debt file through Cobratis may carry out on behalf of the Cobratis client those processes of execution and seizure against debtors and to proceed in form to those declaratory processes. Ordinary persons who, by reason of the amount, are entitled to it.

2. Customer data.
The customer of Cobratis is any person, legal age or legal entity, community of owners or property legally constituted that accepts these general conditions. Once these conditions are accepted, the client requests Cobratis to manage one or more of the unpaid debts of which it has supporting documentation and which therefore credits the debt, as well as accepting the debit of the price of the service.

3. Object of the contract.
The agreement that binds Cobratis® with the client is intended to facilitate the management of recovery of those credits or debts or debts, own or third party, overdue, payable, of a certain amount that does not exceed two hundred and fifty thousand euros And therefore susceptible of judicial claim by the called monitoramiento process established by the Law of Civil Procedure 1/2000, of January 7, which is specified in:

The customer enters through the web form of the site www.cobratis.es his data as client-user and the data of the debt.

Once requested the service we will issue invoice of the same that can pay us by transfer or bank receipt.

Cobratis initially contacts the debtor through all available means of contact, advising him of the legal consequences of the pending payment with his creditor. The collection management department is in charge of tracking and negotiating the payment of 100% of the debt directly in the account of our client.

If there is no success by way of preliminary injunction, our legal department prepares the demand for the beginning of the monitoring, thus initiating the judicial procedure in contral to the debtor. This procedure can be paralyzed at all times if it is the client’s desire.

The case will be presented in the court pending the Judge’s admission of his application for processing. In case this is not admitted, the court will indicate the reason for which your claim has not been admitted. It may also happen that your claim is conditionally admitted; In this case, the court will tell you what it needs and the deadline it gives you for filing.

If the application has been accepted, the court will let you know by means of an admission procedure.

As the application is admitted to proceed, a judicial agent will go to the home of his debtor to notify the court’s request to make the payment in 20 days.

A) The debtor Pays:

When the debtor is required by the judge, there is usually the circumstance that if the debtor is aware of the existence of the debt, it pays the same in avoidance of legal consequences of greater magnitude.

B) The debtor does not appear:

This means that once your debtor has been requested, if the debtor does not say anything, or does not pronounce on the matter within the 20 days that the court has granted, the court will give you a power of attachment and execution of assets through From which you can exert greater pressure on the collection of your debt and if you wish, initiate the process of seizure of assets against your debtor.

C) Debtor opposes:

If the debtor within twenty days granted by the judge submits a notice of opposition to the request for trial, the procedure will become the declarative process that, due to the amount, corresponds to him.

4. Provision of services.
The service of Cobratis is concretized in two stages or phases:

EXTRAJUDICIAL PHASE
Cobratis initially contacts the debtor through all available means of contact, advising him of the legal consequences of the pending payment with his creditor. The collection management department is in charge of tracking and negotiating the payment of 100% of the debt directly in the account of our client.

JUDICIAL PHASE
After 20 days have elapsed since the notice of legal action, If there is no success by way of preliminary injunction, our legal department prepares the demand for the beginning of the monitor, thus initiating the judicial procedure against the debtor. This procedure can be paralyzed at all times if it is the client’s desire. The legal department will be the one who protects the file before the corresponding court to obtain admission to process the claim. Advice, resources, procedures, remedies and other formalities are included in the tariff paid by the client.

8. Forms of payment.
The price of the service is accrued and received by Cobratis with the request made by the customer, through a receipt, bank transfer or payment by credit card in favor of the Cobratis account.

9. Billing.
The service of Cobratis will be invoiced according to the fiscal and accounting regulations in force at any moment and sent to the client in form and term by email or giving the option to download in PDF format from a private zone.

10. Rights and powers of the client.
In addition to those legally established in the applicable provisions in force, the customer-user and / or creditor of Cobratis for the mere fact of requesting a service has, among others, the following rights and powers:

To use the website www.cobratis.es by means of which you can inform about the service provided, the advantages and peculiarities as well as request the collection of the debt through the tab “request service”.

To the services indicated in the present General Conditions, in the mode, price and conditions that are detailed in the same.

To be informed of the status of debt collection in the extrajudicial / dissuasive phase. For this it counts on the email clients@cobratis.es and the telephone number 902 05 05 69. Nevertheless the staff of Cobratis will keep the client informed permanently of the evolution of the collection of the debt through email.

To desist from the monitoring process, to suspend it, not to urge or not to continue the executed execution, not to sue in case of opposition, to resign, to compromise, to grant, to totally or partially remit the debt, to assign it and in any other way to those admitted in law, Credit and judicial process in progress, with no other limitation than those legally envisaged.

11. Obligations and duties of the client.
In addition to those legally established in the applicable provisions in force, especially procedural, civil, mercantile and even criminal, the customer of Cobratis for the mere fact of requesting a service has, among others, the following obligations and duties:

Read carefully, these General Conditions accepting them in full prior to requesting a service and redo it before requesting the next in case they have undergone any modification.

Correctly use the website www.cobratis.es and fill in, according to the instructions provided in the same, the forms for the request of the service.

Customers may not copy, reproduce, transmit or otherwise distribute the content of the “www.cobratis.es” Web Site or of the services that may be obtained through it, without the express and written authorization of COBRATIS.

Receive from the Cobratis central communications by email regarding changes, rates and promotions. At any time you can request the removal of this service immediately through the url http://www.cobratis.es/boletines/index/baja without affecting your account as a management client.

Not to supplant in any case the true creditor holder of the credit, or its signature, nor to be credited with an insufficient, false or non-existent representation of the same.

The client once requests the services of Cobratis, immediately activates all the internal mechanisms related to logistics, management and personnel for the recovery of its debt. For this reason, since the customer contracts the service, irrevocably accepts the debit and payment of the same at the cost advertised at that time in the rates section of the website www.cobratis.es

Do not pretend to credit entitlements or create fictitious or unilateral documentary debt or obligations that do not really respond to a true commercial transaction of any kind.

Comprehensive information through the tools provided by the Website itself or in any other way, about the monitoring process.

Inform COBRATIS from private zone, telephone or by email, in case of payment, total or partial, of the debt by the debtor, at any time from the collection in an extrajudicial phase until the termination of the process monitorio and / or personation through Of Attorney and Attorney.

Allow COBRATIS the billing and charging that at any time there is place for the use of its services and in accordance with the established tariffs in force at the time of requesting them.

Upon execution of the execution of the monitoring process, the client, as the creditor requesting the monitoring process, can not subsequently claim in the ordinary process the amount claimed in the monitoring.

12. Right of Rejection.
Cobratis reserves the right not to process cases against debtors who are at the same time clients of the company. To that end, when the system detects some of these situations, the customer expressly accepts the return of the matter with the payment of the total amount received by the company.

13. Subcontracting.
The client authorizes COBRATIS to subcontract at any time, totally or partially, the external professional services of third parties, individuals or companies, for a better and more effective performance of the service object of the contract, without for the same is derived economic obligation or Another type compared to the outsourced person.

14. Modifications in the service.
COBRATIS reserves the right, at any time, to carry out any changes or modifications it deems necessary in the Website, in the logistics, in the mode of delivery of the services, in the type of payment it receives, by amount, class or seniority , In the image, in the forms, in the rates and modes of invoicing, in these General Conditions or in any other aspect of the service. Any modifications may not result in any increase for the user-user in the rates applicable to the services in progress, or reduction or reduction of the services initially contracted.

15. Perfection of the contract.
Time from which the present General Conditions between COBRATIS and the client are understood to be applicable and obligatory.

Tacit acceptance. The agreement is understood to be improved by tacit acceptance for requesting a service and accepting the payment of the amount of the service even if the client has not stopped to read in whole or in part these General Conditions.

Acceptance express. Reserved for the contracting of large volumes, it will be understood that the contract is perfected when the same is signed and the General and Particular Conditions of exclusive application to it are annexed.

16. Taxes.
Unless otherwise indicated, the legally enforceable taxes will be paid by the parties subject to their respective regulatory law. With regard to the prices of the services detailed in the Website, everyone must be increased VAT corresponding to the legal rate in force at any time.

17. Intellectual Property.
All content of the Website (including text, corporate image, illustrations, trademarks, etc.) is property of Cobratis and is protected and recognized nationally and internationally. Reproduction, use or distribution is not allowed in any way, unless expressly authorized and written.

18. Data protection.
The personal data provided by the customer for the use of the service are subject to the privacy policy of the company contained in Data Protection.

The treatment and management of the same complies with the provisions of Royal Decree 994/1999 of June 11, which approves the Regulation of security measures of automated files containing personal data.

Cobratis guarantees that the data supplied by the customer will be adequate, relevant and not excessive for the performance of the requested credit recovery services.

The personal data entered by Users shall be accurate and truthful in accordance with the provisions of the current data protection legislation and the “General Conditions”. Users may incur liability for damages of different nature, against third parties, for the data provided.

The registered personal data will be canceled when they are no longer necessary or relevant for the purpose for which they were collected.

Cobratis in compliance with the Law on Services of the Information Society and Electronic Commerce (LSSICE) and Organic Law 15/1999 on Protection of Personal Data (LOPD), as well as Royal Decree 994/1999 for Which regulates the security measures of the automated files, the debtor is informed that his email address as well as his personal and contact details have been transferred temporarily by his creditor to Cobratis for the provision of the service, Relevant and not excessive. The client will be responsible and owner of the data of the debtor being Cobratis mere brokerage company exempting him from all responsibility regarding the reality, disagreement or existence of the debt itself.

19. Exclusion of guarantees and responsibility.
Cobratis does not guarantee the availability and uninterrupted continuity of the operation of the Website and the Services provided with it. When this is caused by internal causes of the company and reasonably possible, Cobratis will warn the interruptions in the operation. Cobratis disclaims any responsibility for damages and losses of any nature that may be caused by the lack of availability or continuity of the operation of the Website and services, or by fraud of the utility that users could have attributed to it and The services, their reliability, and in particular, but not exclusively, to failures or deficiencies in speed or otherwise in accessing the different pages of the Website.

20. Summative Clause.
These General Conditions are governed by Spanish law and in case of litigation, the client, expressly waiving the legal or personal jurisdiction that may correspond, is submitted to the courts and tribunals of the registered office of Elda (Alicante).