1. Purpose, object and scopeThese provisions regulate the contracting of products and services offered and the advertising directed to its clients / users by Xviolins Musical Gifts (xviolins.com) offering its clients musical gifts, accessories for musicians and any other products that it may add to its range in the future. These General Conditions also regulate the rights and obligations of the parties derived from the sale and purchase operations agreed between them.
The clauses listed below configure the framework contract that all users who access the page xviolins.com are obliged to know and accept. For the purposes of these general conditions only, the term "user" includes any Internet user who accesses the xviolins.com website, either directly or from any other Internet site.
The services offered by Xviolins Musical Gifts on this website will be regulated by the conditions contained in this contract. Xviolins reserves the right to modify, in whole or in part, these general conditions, the new ones agreed upon from the moment of their publication on the page being applicable. In any case, the aforementioned modifications will not have retroactive effects on the goods or services previously contracted by the users.
These General Conditions bind both parties and form an integral and inseparable part of the sales contract whose effectiveness operates in the moment of the subscription of the order at the request of the client, through the contracting mechanisms that will be specified later, all in accordance with the provisions of art. 1.255 of the Civil Code that includes the principle of the autonomy of the will and pacts between the contracting parties.
In order to fully guarantee the rights of consumers and users of Xviolins, these General Conditions are established in accordance to the provisions of Spanish law, and in particular in Law 7/98 of April 13 of General Contracting Conditions, Law 7/96 of January 15 of Retail Trade Management, Civil Code, Directive 2000/31 EC of the European Parliament and of the Council of June 8, Law 34/2002 of July 11 on services of the information society and electronic commerce, Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the defense of Consumers and Users and other applicable laws and their implementing regulations.
These conditions only and exclusively regulate B2C sales relationships, that is, retail sales, and in no In this case, they will be applicable to B2B or wholesale sales.
2. Identification and company name of the offering companyMaiol Xercavins Simó (commertial name: Xviolins Regalos Musicales), with registered office in Calle del Bosquet 4, 3º 1ª, Les Fonts de Sant Quirze del Vallès, 08194, Barcelona, registered as a self-employed worker with NIF No. 52592280C, provides its electronic sales services on the Internet on its website https://xviolins.com
Its contact address is the email firstname.lastname@example.org
Contact telephone+34 650 80 60 22
The address for the purposes of claims will be as follows: Carrer de Caterina Albert 20, local2. ZIP 08228 Les Fonts de Terrassa. Barcelona.
3. Legal conditions of service provision and responsibilityClarity and transparency in the information: Xviolins Musical Gifts, in compliance with the provisions of art. 10 of Law 34/2002 of July 11, through its website and these General Conditions, enables permanent, easy, direct and free access by electronic means to comprehensive information on your company name (data , registration, address and communications address), as well as the client's data, of exclusive access to it, which are held by the company.
Likewise, according to the aforementioned Royal Legislative Decree 1/2007, offers the client both pre-contractual information (see these General Conditions as well as additional information in the different sections of the website) and confirmation of the legally required information.
4. User / client access conditionsThe user of the Xviolins Musical Gifts website will have the right to free and open access to the public information collected therein, although Xviolins reserves the right to restrict access to information, promotions and special offers to its registered customers. < br>
Any user who accesses the Xviolins website has the right to register as a customer, thus being able to avail of special offers for the group of registered customers if they comply with the specific conditions of the offer that for each product is Specify.
The public information contained in the Xviolins website referring both to the Xviolins company and to the brands, products, logos, ... of the wholesale companies and manufacturers of the products and services offered are protected by the legal provisions on intellectual and industrial property, for which the copy, transmission, transfer, transfer or use is not authorized ilization by the client / user outside the advertising purpose of their virtual publication that do not have the express consent of Xviolins, the manufacturer of the product or the owner of trademarks and logos, in the terms provided in section XI on Industrial Property Rights and Intellectual.
User registration: The client / user prior to formalizing the purchase of any of the products offered by Xviolins must register their personal data and circumstances necessary for the formalization of the sale contract ( name and surname or company name, DNI / NIF, address, email address, telephone / fax number).
The user may only contract and place orders if they are of legal age. Otherwise, the responsibility for placing orders for minors will be borne by the parents or legal guardians of the minor.
In order to place orders on the website, each client will provide Xviolins voluntarily and under your responsibility your personal data.
All personal data provided by customers fraudulently or falsely may be considered a crime of falsification of commercial documents.
Xviolins may offer to the customer a personal registration system through a personalized access key (login) and a password (password) to facilitate future customer purchase operations. In this case, the client may designate the desired password and password at their discretion, as long as they are available or are not assigned to other clients. Through an automatic process, Xviolins, if desired by the client, will generate the access key and password for the client. Keys or passwords with immoral, injurious, humiliating, discriminatory contents or that contravene the provisions of the laws, nor those with terms that allude to brands, products or names protected by the legal provisions on Intellectual or Industrial Property or contrary to the rights to privacy, honor and self-image.
The client undertakes to ensure the confidentiality of his own password and password. Xviolins is exempt from any responsibility derived from the incorrect use or negligence by the client in fulfilling its obligation of confidentiality of its access codes.
5. Offer and acceptance processPURCHASE AND SALE CONDITIONS OF THE PRODUCT
Pricing policy: Xviolins Musical Gifts reserves the right at any time and unilaterally to change the price of the products and services offered through its website. To guarantee the client the certainty and security of the price of their products, this will be the one in force in the advertising coinciding with the moment of formalizing the order.
In the electronic purchase process, the following steps will be followed according to the menu options recorded on the Xviolins website:
- Information about the product offered to the client: includes the technical characteristics, description, measurements, and a guideline photograph.
- Information on the price of the product: information on the final price or retail price of the product to be purchased, containing in the same order the final cost for the customer and including VAT, shipping and insurance of merchandise and derived handling of transport. The final cost, therefore, will be communicated to the customer in the electronic purchase process before he formalizes his acceptance by choosing the "place order" option of the purchase process.
Possible discounts or promotional gifts will be freely directed by Xviolins to the groups designated at any time by Xviolins, or depending on the product offered, according to the existing advertising at any time on its website.
- Order acceptation: at the time of formalization of the order, once the option of the order acceptance menu is used, the consent of the client is understood to be lent for the validity and effectiveness of the sale contract that binds the parties. Xviolins will electronically store the order, except for a reasonable typographical error, in which case the order cannot be processed.
Xviolins, after accepting the order, will inform the customer of the order by sending the order confirmation to the mail indicated by the customer.
The commitment made by Xviolins to sell and deliver the offered merchandise is subject to the stock of the advertised product and its availability until end of stock, which is why Xviolins, in its commitment of quality and customer service, try at all times to make the advertised products available. However, in the event of exceptional circumstances such as abusive order, interactive multi-order or those others that cause the end of stock of the product, the order and the contract signed between the parties will be null and void by virtue of this resolution clause, restoring the customer in full. prepaid case the amounts paid by the same.
- Payment methods: The following payment systems are established:
- Bank transfer or cash deposit of the full amount in favor of the bank account owned by Xviolins published on its website; in both prepaid modalities with express mention of the order number to which the payment refers. Orders with this payment method that are not credited to the Xviolins account 7 days after the order confirmation, will be automatically canceled after the expiration of this period. It is important to remember that some banks may take 1-2 business days to make a transfer effective, and the account deposits may take a minimum of 24 hours to be reflected in our system.
- Credit card: Payment by credit card, for internal reasons of Xviolins, is made through the REDSYS payment gateway without it having any significance for the client. This service will not have any surcharge on the total amount of your purchase.
- PayPal: Payment through PayPal is made through the standard Paypal gateway, without this having any bearing on the customer. This service will not have any surcharge on the total amount of your purchase.
- Invoice: Xviolins Regalos Musicales will issue an electronic invoice that will always be available to the client in their private area. Likewise, if the client wishes, he may request a physical copy that will be sent to his home.
- Delivery time of the purchased product: The delivery time of the merchandise depends on the chosen shipping method, as stipulated in the "Shipping" section.
- Place and method of delivery: The order will be delivered to the designated address at the time of placing the order. The subsequent modification of the delivery place requested by the client will only be possible before the order leaves our warehouses and will generate additional costs over the sale price that will be at the buyer's expense. Modification of the delivery address once the order has been delivered to the carrier will not be possible unless the customer bears the costs and is expressly agreed between the parties. The merchandise will be delivered to the customer by a transport company, together with a delivery note in which the data that identifies the customer, the order, the total amount of the refund (only for orders in the cash on delivery method) will be consigned and the number of packages that make up the shipment.
6. Products warrantyBy virtue of Royal Legislative Decree 1/2007, the seller is obliged to deliver to the consumer a good that is in accordance with the sale contract in the terms that it establishes (article 114), by virtue of which: “The seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to it for any lack of conformity that exists at the time of delivery of the product. ”
The guarantee of the products sold by Xviolins is provides and establishes by virtue of the regulations contained in the current legislation, in particular, in the aforementioned Royal Legislative Decree 1/2007, article 114 and following, a legal framework that aims to provide the consumer with different options to demand sanitation when the good acquired is not in accordance with the contract, giving you the option of demanding the repair or replacement of the property, unless one of these is impossible or disproportionate. When repair or replacement is not possible or is disproportionate, the consumer may demand a price reduction or termination of the contract. The products offered through Xviolins are from top brands and of the best quality. They are not "B" or exhibition products. Xviolins products are sealed by suppliers and manufacturers, unless expressly indicated, in which the customer will be informed that the product has been examined or that a routine control has been carried out.
In case of lack of Conformity of the product for being defective, a period of two years from the time of delivery is recognized so that the buyer can enforce his rights (the computation of the guarantee will begin on the same day of delivery under the aforementioned article 123 of the Royal Legislative Decree), however, only in the 6 months following delivery, it will be presumed that the lack of conformity already existed at the time of delivery, corresponding to the buyer to prove, in the remaining 18 months (that is, from the seventh until the end of the two years) that the property was nonconforming, all in accordance with article 114 and following of the aforementioned Royal Legislative Decree.
In the event that the product you have purchased is defective, you must contact our Customer Service (e-mail to: email@example.com) to start the warranty management procedures and to give you the instructions and we explain the steps you must follow.
Remember that Xviolins will not be responsible for any damages that may result from misuse, manipulation or malfunction such as a short circuit. The guarantee will not be valid in the event of factors external to the normal use of the product, the use of inappropriate accessories or prohibited by the manufacturers, falls, water, fire or incorrect or abusive handling by the customer.
The guarantee is addressed only to the owner (contractual part) that appears on the invoice and only the owner can demand it. Xviolins will not be responsible for attending to requests from third parties that have not directly acquired the property through Xviolins and / or that are not included in the sales invoice.
SPECIAL GUARANTEE FOR JEWELRY
In the In a particular case of Jewelry, Xviolins Musical Gifts guarantees the quality of manufacture and authenticity of the materials used. The manufacturing material of each specific piece is indicated on the sheet for each product. Sterling silver jewelry is indicated as such. Anything that does not have the Sterling Silver indication is not. Returns will not be accepted due to confusion in the manufacturing material of the piece, as long as it is correctly indicated in the product sheet on our website.
Jewelry that is marked as costume jewelery is not considered jewelry.
The jewelry guarantee lasts for 30 calendar days and will be 100% covered, as long as the merchandise has not been modified, adapted, and / or is exempt from damage or mistreatment caused by normal misuse or accidental of it. The warranty covers: broken snap posts, broken snaps, unsoldered chains, missing zircons, open snaps, color changes with appliqués, open string passes, unsoldered parts, and any defects originating from product manufacture or assembly. The guarantee will be void when: the product has scratches, dented parts, cracks, breaks, burns or presents any mistreatment as a consequence of a different use to which they are intended, as well as due to negligence in their use, incomplete product, outside the 30-day period. Natural, damaged by abrasive chemicals, present visible abuse, do not present a purchase invoice or the manager evaluates that it is not subject to the guarantee. To make this guarantee valid, you must communicate within 30 days after purchase to the phone or email found in the order confirmation email to give notice of the product defect. You must send the purchase invoice received by email and a photograph of the product, as well as all its parts and components within the established period. This warranty is subject to product repair or physical change to customer satisfaction for a product of the same price.
Xviolins will not be responsible for meeting requests from third parties that have not directly acquired the property through Xviolins and / or that are not included in the sales invoice.
7. Customer rightsConfidentiality and security of customer personal data in accordance with the provisions of current Spanish legislation on data protection.
No dissemination, transmission or publication of customer data without their express consent.
Do not receive promotional or advertising emails if you have rejected them.
Access, rectify, cancel and / or oppose the treatment of the client's personal data that appear in the Xviolins database upon request. of the client, all in accordance with the provisions of the section on Personal Data Protection.
Access the open sections of the Xviolins website for free.
Know at any time the status of processing of the order placed.
The customer (consumers or users are considered only the natural or legal persons who acquire, use or enjoy the product as final recipients) will have the right to withdraw the contract is signed within fourteen working days from the reception of the contract, prior communication to Xviolins within that period so that the appropriate return channels are established (return number, and delivery delivery method and address of the return shipment), with refund of the price that would have been paid for the product, the costs related to the order and the transport costs not being payable, all according to the withdrawal document that is delivered at the time of contracting. Xviolins undertakes to refund this amount within a maximum period of 21 business days, thus shortening the mandatory period stipulated by Royal Legislative Decree 1/2007 by two weeks. As a sign of our commitment, Xviolins will offer a voucher redeemable on our website worth € 10 to all those clients who have not received the amount within this 21 business day period.
Professionals: They will not be considered consumers and users who, without becoming final recipients, acquire, store, use or consume goods or services, in order to integrate them into production, transformation, marketing, professional activity or provision to third parties, so they do not benefit from the rights granted to consumers. Xviolins will not accept returns for withdrawal by companies.
Xviolins will only accept minimal wear and tear on the product solely due to its testing to make a decision on its final acquisition without altering the conditions of the product at the time of delivery. In cases of abnormal use of the property, said return will not be accepted. The return costs will be subtracted from the price of the product at the time of the money back. The merchandise to be returned must be previously insured by the customer through and exclusively by the transport company contracted by Xviolins.
Xviolins will not be responsible for returns on products handled by the customer, or those goods that are return incomplete both in its main elements and accessories. The right of withdrawal will not proceed outside the indicated period or on products subject to fluctuations in a market not controlled by Xviolins, nor on perishable objects, objects that can be easily reproduced immediately or that by their nature cannot be returned. Nor will the withdrawal on merchandise or orders that may be considered due to their special characteristics as requested by the client proceed.
In cases of wear or deterioration of the property for reasons that are not exclusively due to its proof to take a decision on its final acquisition, Xviolins may agree with the client the corresponding compensation proportional to the deterioration.
Exceptions: The return for withdrawal of the following products will not be possible at any time:
Ropes, parts, spare parts and other accessories whose original seal / packaging has been damaged or opened.
All products that require direct contact with some parts of the body such as earrings and necklaces, whose packaging has been unsealed or the slightest signs of use are detected.
Clothes whose packaging has been opened
All musical instruments that show signs of having been used two more than is strictly necessary to make the decision.
All kinds of products that require a professional fixed installation and have been installed after the purchase, such as audio equipment.
All kinds of products from the Gifts range whose seal / packaging has been damaged or opened
Important: Consumers will be considered to be natural or legal persons acting in a field other than a business or professional activity. Xviolins will not accept returns due to withdrawal by companies or the self-employed.
Instructions for shipping (return) of products: The delivery of a possible return will not be handled directly in our facilities, but will be delivered to the carrier for your shipment. We inform that, to avoid any incident, it is necessary that the smallest products (earrings, pendants ...) be protected by an additional external packaging - just as you have received it at your home - and thus avoid any type of damage or manipulation from the original product packaging during transport. For larger products, an external packaging protecting the original is not essential, however, it is important to ensure that the product is shipped properly protected in the original box with the protections intended for this purpose (corks, foam, plastic bubble, etc.) and avoiding any type of manipulation in it.
For any questions about the correct shipment of products to Xviolins, please contact our Customer Service department.
They will be All returns of products that do not have the original packaging and / or that do not present the original Xviolins return form have been rejected.
8. User / client obligationsKeep your personal codes with due diligence.
Faithfully use the purchasing service provided by Xviolins on its website, refraining from manipulating the contents of its website, introducing derogatory content or interfering with your computer means through of viruses or other conduct prohibited by law.
Respect the purchase agreement once the order is accepted, with the timely payment of the agreed price and refrain from carrying out abusive and unlawful conduct in the contract.
Use the information published by Xvions exclusively by the client strictly within the intended personal business relationship.
Do not reproduce, dispose of or dispose of the information published by Xviolins in all its contents without the express permission of its own company.
9. Xviolins RightsKeep, modify or suspend your website without prior notice.
Modify the price of the offers.
Reject orders due to lack of stock or non-payment by the customer.
Reject access to the computer tools to customers in case of non-compliance with these conditions.
Receive the amount of the customer's purchases accepted the transaction.
Reserve the domain and retain full ownership of the item until full payment by the client.
Reserve the right to make drawings for goods or services on its website.
Use the information published by Xviolins exclusively by the client strictly within the commercial relationship intended personnel.
Do not reproduce, dispose of or dispose of the information published by Xviolins in all its contents without the express permission of the company itself.
Proceed to correct or amend human or computer errors. < br>
10. Intellectual and industrial property rightsThe rights related to industrial and intellectual property (by way of example and not limitation: trademarks, logos, texts, photographs, icons, images, ..., as well as the graphic design, source code and other software elements contained on the page Web "shop.xviolins.com") are owned by Xviolins or the wholesale companies and manufacturers of the products and services offered. Therefore, they are subject to intellectual and industrial property rights and protected by Spanish and international legislation.
Without the prior written authorization of Xviolins, or, where appropriate, the wholesale company or manufacturer. of the product holder of the rights, it is not allowed to use, copy, distribute, reproduce, transmit, manipulate, as well as any use that exceeds a normal and necessary use for the visit of the page and the use of the services offered.
Access to the services provided does not imply that Xviolins renounces, transfers or transfers all or part of the rights derived from intellectual and industrial property, nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or communication. public on these contents without the prior and express written authorization of the respective holders of said rights, without prejudice to the right of visua lization and obtaining a private security copy of such content, provided that said right is exercised according to the principles of good faith and as long as the intellectual and industrial property of the owner of such rights remains unchanged, it is used without commercial purposes and exclusively for information. personal of the user.
The responsibility derived from the use of materials protected by the intellectual and industrial property rights of third parties contained in this page in an unlawful way or that transgresses morality, honor or privacy and good faith , will correspond exclusively to the user, exempting Xviolins in any case from any liability arising from such conduct.
11. DisclaimerXviolins Regalos Musicales will not be liable for interruptions that occur in electrical or telecommunications services that prevent users from using the services offered.