Terms and Conditions and Database License

1. Scope and acceptance

These Terms and Conditions and Database License (the “Terms”) govern the use of our website and the purchase, digital delivery and permitted use of the downloadable databases and datasets we offer. “We”, “us” and “our” mean the owner of the profesionalretail.com website. “You” means the individual or legal entity placing the order.

Before payment, you must have the opportunity to review these Terms and the description of the selected database. By expressly accepting these Terms and placing an order, you agree to the version presented at checkout. An order is accepted when we confirm receipt of payment and issue the order confirmation. A separate written agreement expressly accepted by both parties prevails over these Terms to the extent of any conflict.

If you order on behalf of a company or other organization, you represent that you are authorized to bind it, and that organization will be the customer and licensee. A “Business Customer” buys for purposes relating to its trade, business or professional activity. A “Consumer” is an individual acting for purposes outside that activity under the applicable law (in Spain, Article 3 of the Consolidated Text of the General Law for the Defence of Consumers and Users, Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios, the “TRLGDCU”). Your legal status depends on the actual circumstances; a statement at checkout alone does not remove mandatory consumer protection.

These Terms are an offer to supply digital content and to grant the license described below, not a transfer of ownership of our intellectual property. Mandatory legal rights prevail over any conflicting provision.

Our Privacy Policy explains how we process the personal data of website users, customers and people whose professional contact details appear in the databases. Accepting these Terms does not constitute consent to optional commercial communications, tracking or any other use of personal data that requires separate consent.

2. What you purchase

A “Database” is the particular database or data file identified in your order, with its stated version, collection date or period, subject matter, geographic coverage, fields, record count and file format. The product description and the express quality commitments displayed before payment form part of the order.

Unless the product description expressly states otherwise, your purchase is a one-time supply of the identified Database and a license to use it. It does not include future updates, continuous monitoring, hosted access, enrichment, manual verification, a subscription or custom research.

We recommend reviewing the description and the available sample before ordering. Samples illustrate the stated structure and characteristics; their limitations do not excuse a material discrepancy between the delivered Database and its description or other express commitments.

3. Public-source data and accuracy

The Databases are compiled from publicly accessible third-party sources, such as business websites, directories, public listings and other sources identified in the product description. We take reasonable care in collecting and preparing them, but public-source information can be inaccurate, incomplete, inconsistent, duplicated or outdated. Businesses may close, relocate or change their name, website or contact details, and source pages may contain typographical or classification errors.

Unless expressly promised in the product description:

• we do not independently verify every record with the business or contact concerned;
• we do not guarantee that every record contains every possible field or that every contact detail is still active;
• we do not guarantee 100% accuracy, completeness, uniqueness or geographic or industry classification, e-mail deliverability or telephone availability;
• we do not guarantee responses, sales, conversion rates, marketing results or any particular commercial outcome; and
• the Database is a snapshot of the information collected during the stated period, not a promise of real-time information.

The record count refers to the units specified in the product description. On its own, it does not guarantee the same number of active e-mail addresses, telephone numbers, unique companies or contactable people. If a description promises unique records, verified contacts, a fill rate for a field or an accuracy level, that promise remains binding.

Ordinary public-source limitations that were clearly disclosed before purchase, and changes occurring after the stated collection date, do not by themselves show that the Database was defective when supplied. However, this clause does not excuse an unusable file, a materially different database, undisclosed material defects, or a failure to meet an express contractual commitment or a mandatory legal rule. The expressions “public-source data” and “as is” cannot override those obligations.

4. Prices and payment

The price, currency, applicable taxes or charges and the scope of the included license are displayed before you complete payment. The amount charged for a one-time Database is the price of the license and of the digital supply agreed for that order. It is not a deposit for future services unless the order expressly states otherwise.

Payment must be confirmed before the paid files are made available. You are responsible for providing correct billing and account details. Changes to prices or to these Terms do not retrospectively change an accepted order.

5. Digital delivery and downloading

We deliver the Database electronically. Unless the product description specifies another delivery time, we make it available for download once payment is confirmed. The download link is shown in your account, on the order confirmation page or in the order confirmation e-mail, as indicated at checkout.

You download and save the file to your own device or storage. No physical medium is shipped. You are responsible for using a compatible device and software, having the necessary storage space and internet connection, and keeping a backup of the downloaded file.

Digital delivery takes place when all files included in the order have been made available to you through a working download mechanism that you can access with the credentials or link provided, and we have told you where to obtain them. Sending an e-mail or issuing a license reference alone does not establish delivery if the promised files are not actually available. You do not need to open the file or use it commercially for a properly accessible digital supply to have taken place.

A completed download, including the transfer of the file to your device, is additional evidence of supply. Our technical records are evidence that may be checked and challenged; they are not conclusive proof of the quality of the file or a waiver of legal rights.

Unless a different period is clearly stated before purchase, download links remain available for at least 30 calendar days after delivery. Expiry of the link does not by itself terminate the license for a file already downloaded. If a link fails or expires before you can obtain the paid file, contact us with your order details. We will investigate and, where the file can lawfully be supplied, restore access or provide another working means of delivery. If we cannot supply what you purchased, the remedies in Sections 7 and 8 apply.

For an accepted one-time order, our initial obligation to supply the file is fulfilled by delivery as defined above. This does not extinguish our obligations concerning the agreed license, conformity, an expressly promised update or mandatory consumer rights.

6. Database license and permitted use

Once payment has been made and subject to these Terms, we grant you a non-exclusive, worldwide, non-transferable license to use the purchased Database for your own lawful activities. Unless your order expressly provides for a shorter period, the license lasts for as long as the applicable intellectual property rights, without prejudice to its lawful termination for a material breach.

The license allows you to download, store, make reasonable internal and backup copies, search, filter, analyze, extract and use records, import the Database into your own CRM or other internal systems and adapt its format for those purposes. A Business Customer may make it available to its employees and contractors who need it for that customer's activities, provided they are bound by equivalent restrictions and do not use it for their own customers or for independent purposes.

Unless separately authorized in writing, you may not resell, sublicense, publish, distribute, make publicly available for download or supply to third parties the Database or a substantial or systematically extracted part of it. You may not use it to operate a competing data resale or redistribution service. Additional permissions expressly purchased in your order prevail over these default restrictions.

We grant only the rights we own or are authorized to license. We do not claim exclusive ownership of the underlying facts or of independently obtained public information. This agreement does not give you ownership of the source websites, third-party content, trademarks or personal data, and does not restrict the uses that applicable law requires us to allow.

The fact that a contact appears in a Database does not mean that the person or business has consented to receive commercial communications. You are responsible for having the legal basis, notices, permissions and opt-out mechanisms required by your intended use, in particular under the General Data Protection Regulation (GDPR; in Spanish, RGPD), Organic Law 3/2018 on the Protection of Personal Data and the Guarantee of Digital Rights (LOPDGDD), Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) and telecommunications regulations. These responsibilities do not remove our own legal obligations concerning collection and supply.

7. Cancellation and refunds

7.1 Voluntary change-of-mind refunds

Because a downloaded Database can be kept and copied, we do not offer voluntary change-of-mind refunds after the digital delivery of a Database that conforms to the order. This policy applies only to the extent permitted by applicable law and without prejudice to Sections 7.3 and 8.

Examples of reasons that do not by themselves give a right to a voluntary refund after conforming delivery: deciding not to use the Database, changing your business plans, buying the wrong geographic area or category when it was accurately described, obtaining similar information elsewhere, failing to achieve a commercial result, or encountering public-source limitations clearly disclosed before purchase.

Before delivery, you may request cancellation. For a standard one-time Database that has not yet been delivered, we will cancel the order and refund the amount paid. Custom work or separately agreed services are governed by their own expressly agreed terms and by mandatory law.

7.2 Business Customers

For a Business Customer, the agreed license fee is paid for the grant of the specified rights and for conforming digital supply, not for the frequency or success of later use. Once those rights have been granted and the Database has been delivered in conformity with the order, non-use or a unilateral change of plans does not by itself give a right to repayment. These Terms do not grant any general right to terminate a conforming one-time purchase for convenience.

This provision does not exclude rights arising from non-delivery, missing license rights, a material breach of contract, non-conformity or any other mandatory legal ground.

7.3 Consumers and the right of withdrawal

Nothing in these Terms excludes, reduces or penalizes a Consumer's statutory right to withdraw from the contract, the remedies for defective digital content or any other non-waivable right. Where such a right applies, it prevails over our voluntary refund policy.

As a general rule, a Consumer has 14 calendar days to withdraw from a distance contract. Under Article 103(m) of the TRLGDCU, this right does not apply to the supply of digital content not supplied on a tangible medium where performance has begun with the Consumer's prior express consent and with the Consumer's acknowledgement that he or she thereby loses the right of withdrawal, and the trader has provided confirmation of the contract on a durable medium. We rely on this exception only once all of those requirements have been met: your prior, express and separate consent to immediate supply before the withdrawal period ends (a specific checkbox in the order), your acknowledgement of the loss of the right of withdrawal, and our confirmation of the contract and of those choices by e-mail or another durable medium. Acceptance of these Terms alone does not replace the separate consent required. This exception affects change-of-mind withdrawal only and does not remove the remedies for defective or non-conforming digital content.

8. Non-delivery, defects and refund requests

If the file is unavailable, corrupted, incomplete as a download, supplied in a format different from the one agreed, or does not correspond in material respects to its description or to an express quality commitment, contact us at the customer support e-mail given above. Please provide the order number, a description of the problem and, where useful, representative record identifiers or examples with the data hidden. Do not send unnecessary personal data or an entire Database when a small example explains the problem.

Please report problems promptly, preferably within 14 calendar days of delivery, so that we can investigate them effectively. This preferred reporting period does not shorten any statutory limitation period, mandatory complaint period or rights concerning defects that could not reasonably have been discovered earlier. Not spotting an error immediately does not by itself prove acceptance of a defective product.

We assess the problem against the description and express commitments in force at the time of purchase, the stated collection period and the applicable law. For Business Customers, where the law allows, we may first correct the file, replace it or restore access within a reasonable period. If the material problem cannot be remedied, we will apply the price reduction, refund or other remedy required by the contract and the applicable law. Consumers keep the choice of remedies and the deadlines granted to them by law (in Spain, Articles 114 et seq. of the TRLGDCU on the conformity of digital content).

We will acknowledge receipt of a request within three business days and give a substantive response within ten calendar days, or sooner if the law requires. This response timetable does not extend any mandatory deadline for refunding or otherwise satisfying a legitimate claim.

Approved refunds are made to the same payment method used, unless you agree to another lawful method. We do not impose administrative penalties for exercising a mandatory right to a refund or to withdraw. The payment provider's processing time may vary, but it does not excuse a failure on our part to initiate a refund within the required period.

Where a refund validly unwinds the purchase, and to the extent permitted by law, the corresponding license ends and you must stop using the refunded Database and delete the copies under your control. Archival copies required by law may be kept without active use. A statement that you have deleted the copies is not a precondition of a mandatory refund where the law does not allow such a requirement.

9. Order records and payment disputes

We may keep the records needed to perform the contract, investigate delivery problems and resolve disputes, in accordance with the applicable data protection rules and our Privacy Policy. Those records may include the order and Database identifiers, the version of the Terms accepted, the time and content of the required consent, the payment confirmation, access events and download transfer records.

We encourage you to contact customer support first so that a payment or delivery problem can be resolved quickly. This does not restrict your right to contact your payment provider, an authority or a court, and it is not a compulsory step where mandatory law gives you a direct remedy. We may contest inaccurate allegations of non-delivery or unauthorized payment with the relevant evidence, while respecting legitimate payment disputes.

10. Warranties and liability

Without prejudice to the product description, express commitments and mandatory law, we give no additional warranties that public-source data is error-free, permanently up to date or suitable for a purpose that you have not told us about and that we have not agreed to support. You remain responsible for checking the information before basing decisions or communications on it.

For Business Customers only, and to the fullest extent permitted by law, we are not liable for indirect or consequential losses, loss of profit, lost opportunities or marketing results. Our total liability arising from a particular order is limited to the total amount paid for that order.

These exclusions and limitations do not apply in cases of fraud, willful misconduct, gross negligence, death or personal injury where limitation is prohibited, or to any other liability that applicable law does not allow us to exclude or limit. They do not reduce a Consumer's mandatory remedies or right to a refund. No “as is” provision excuses a failure to supply the purchased product or to fulfil an express commitment.

11. Misuse and termination

You may not obtain unauthorized access, circumvent payment controls, interfere with our website, or use or redistribute a Database in breach of the license or the applicable law.

If you materially breach these Terms, we may take proportionate measures permitted by law, such as suspending unlawful access and terminating the affected license. Where the breach can be remedied and the law requires or permits a cure period, we will notify you and give you a reasonable opportunity to remedy it. Any termination, retention of amounts paid or claim for damages remains subject to the applicable law and to mandatory consumer protection.

12. Changes and contract records

We may update these Terms for future use and orders by publishing a revised version with its date. The version accepted at checkout continues to govern an existing purchase unless both parties validly agree otherwise. An update does not retrospectively change the purchased license, the agreed characteristics of the Database or refund rights.

You may save or print these Terms. We will indicate the applicable version in your order confirmation and, where the law requires, provide you with the contractual information and the confirmation of your consent to immediate supply on a durable medium.

13. Governing law and disputes

Without prejudice to mandatory legal protections, these Terms and Business Customer orders are governed by the laws of Georgia. For disputes with Business Customers only, the parties submit to the courts of Tbilisi, Georgia, unless mandatory law requires a different forum.

The choice of law or court does not deprive a Consumer of the non-waivable protections of the law of his or her country of habitual residence or of the right to bring a claim before the competent courts under the applicable law, including those of his or her domicile. A Consumer may also contact the consumer affairs services of his or her autonomous community or an alternative consumer dispute resolution body. Contacting customer support is recommended, but it is not a compulsory prior procedure where the law does not allow us to impose one.

If a provision is unenforceable, it will apply only to the extent lawfully possible, and the remaining provisions will remain in force where the law allows. No severability clause is intended to preserve a term that unlawfully restricts mandatory rights.

Questions, delivery problems, cancellation requests and legal notices should be sent to [email protected], identifying the relevant order where possible.