GENERAL CONTRACTING CONDITIONS OF www.musicnexo.com

General Contracting Conditions of www.musicnexo.com, the website of MusicNexo, registered trademark by Musicanarias SL, are established through this document, with the purpose of sale and purchase of products of Musicanarias, SL, (hereon, Musicanarias), with CIF B38034815 and domicile in Avenida El Paso, 29 - La Laguna, Santa Cruz de Tenerife (Spain), by those physical or juridical parties (hereon, contracting person or user) who manifest their will to acquire products made available at www.musicnexo.com through the request made by electronic means, more precisely, by the internet through this web site owned by Musicanarias.

1.- CONTRACTUAL INFORMATION AND DOCUMENTATION. ACCEPTANCE OF THE CONTRACT

The present General Contracting Conditions are exposed with a permanent character on the web site www.musicnexo.com, owned by MusicNexo, allowing any user to file them, print them and, thereby, being previously informed of the conditions under which the contracting of products will be made (hereon, the product).

Likewise, the present general conditions are reaffirmed along with a summary of the specific request –specific contracted product/s, cost with indication of taxes if they were to be applied, etc.– for their explicit authorization from the contracting party –by clicking on “I read and agree to the conditions”– every time a specific request is made through the web site.

It’s not technically possible for the contracting person to be able to make the request without having agreed to the acceptance of the present General Conditions. For the contracting person to be able to perform this acceptance and, thereby, make the request, the person must provide his/her data when placing the order on www.musicnexo.com, at which moment he/she accepts the present Conditions.

The contracting person, by accepting these Conditions, gives explicit and unreserved consent to MusicNexo to perform the necessary charging operations for acquisition of the contracted products, explicitly authorizing Musicanarias, SL, to perform charges on the payment methods that the user has selected itself, or entered from the secure area enabled for this purpose, in accordance to the regulations for payment services.

The present General Conditions, attached to the specific request made through the internet by the contracting person –also known as “particular Conditions”–, set the contract’s content between MusicNexo and the contracting person, who declares having the enough capacity to contract, and having read, understood and agreed to the present conditions.

MusicNexo, at the moment of making the contracting, and in a term non superior to twenty four hours, will send the confirmation of the request made to the e-mail address associated to the account of the contracting person.

The contracting person will have available in a permanent manner the present General Conditions on the web site. Any subsequent modification of the present General Conditions will be clearly exposed on a place with easy access on the web site www.musicnexo.com. All previously indicated documentation will be available to be printed and filed by the contracting person and he/she will be entitled to request it at any time via Customer Support, via e-mail sent to info@musicnexo.com; or by calling to the phone number +34 822 250 095.

Any request for information, or complaint considered as relevant, could be presented to the Customer Support Service to the address indicated in the previous paragraph. The service will acknowledge receipt of the complaint submitted through sending an appropriate receipt –with the corresponding identifying code– to the e-mail address that should be provided to the Customer Support Service in order to process the complaint.

2.- PURPOSE

By the present contract MusicNexo commits to delivering to the contracting person the product that he/she had selected through the web site www.musicnexo.com in exchange for a certain price and in regard to the conditions established on this document.

3.- MusicNexo'S RIGHTS AND OBLIGATIONS

3.1. Product delivery

MusicNexo commits itself to deliver the product in a perfect condition to the address indicated by the contracting person on the order form, where the particular conditions attached to the present general conditions lie. MusicNexo will not be responsible for mistakes caused in the delivery when the data introduced by the contracting person on the order form don't adjust to reality or had been omitted.

Unless the parties agree differently, MusicNexo will deliver the product through transmission of its material possession or control to the contracting person, with no undue delay and in agreement with the terms indicated on the web site, which in no case will exceed thirty calendar days counting from the conclusion of the contract.

Products offered on the web site are bounded to stocks limits. In the event that the product requested by the contracting person couldn't be supplied due to unavailability, the contracting person will be informed in the product page of its unavailability before making the purchase and, in any case, by e-mail once the purchase request has been received. If this weren't informed and the contracting person acquired any product out of stock, the paid amount would be returned without undue delays.

3.2. Owner’s responsibility

MusicNexo will in no case be responsible for anything related to:

3.2.1. Mistakes, delays in the access made by the contracting person when entering his/her data in the order form, slowness or impossibility of confirmation of the request or any abnormity that may arise when these incidents occur due to internet problems, fortuitous events or force majeure and any other unforeseen contingency external to the good will of the MusicNexo. In any case, MusicNexo will commit itself to solving problems that may arise and to offer all of the necessary support in order to arrive to a quick and satisfactory solution for the incident.

3.2.2. Mistakes or damages produced by inefficient use of the product and bad will from the contracting person.

3.2.3. Non operability of the e-mail address provided by the contracting person in order to receive the order confirmation.

3.2.4. MusicNexo has absolute responsibility for the products' quality admitting devolution of it as long as these are defective or don't arrive to the contracting person in the appropriate conditions. The contracting person must file the complaint for the devolution through the web site itself in its specific section in order to be able to perform an effective following of the incident. MusicNexo will take charge, in this case, of the expenses caused as a consequence of such devolution as long as the contracting person communicates this situation, in the term of fourteen days counting from the delivery date and as long as the product hadn't been consumed or altered in any form. MusicNexo remains exempt of all responsibility related to possible breaks or flaws on the product that had occurred after delivery of the product, likewise, MusicNexo will have no responsibility related to the product that was already been consumed or used without any incidence by the contracting person that seeks to file a complaint.

The contracting person, before signing the delivery note of the product, shall check that the product had been delivered in perfect conditions, if he/she shows conformity at the time of delivery it is understood by both parties that the product was delivered correctly and, therefore, any possible deterioration was produced after delivery.

3.2.5. The Contracting person explicitly disclaims any contractual or extra-contractual responsibility for possible damages or harm derived from what’s been previously mentioned in this clause. In any case, the responsibility of MusicNexo if it breaks what’s indicated on this agreement in agreement, under the terms of the present general conditions, will be limited to refund the amount that, if any, could have been paid by the contracting person and always afetr the devolution from the contracting person of the product in question.

3.2.6. The contracted product counts with the conformity guarantee foreseen in the law. If the product were not in accordance with the contract, the contracting person may choose between demanding repairing or substitution of the product, or, where applicable, reduction of its price or resolution of the contract, under the previously established terms.

4.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PERSON

4.1. Payment

The contracting person commits to effectively paying for the requested product in the amount and manner established in these Conditions.

4.1.1. Amount

Remuneration for the product effectively requested by the contracting person will be the one indicated on the web site, and the one appearing on the contracting person’s concrete order at every moment (except in the case of a typographic or manifest mistake); requests that will establish the particular order’s conditions.The product price shown on the web site is always indicated in Euro with taxes included.

In the case of an error in the price of the product requested by the contracting person, MusicNexo will inform you as soon as possible and will give you the choice of reaffirming the request at the right price or cancelling it. In the event that the contracting person couldn’t be contacted, the order would be considered as cancelled and the paid amounts would be integrally reimbursed, with no right to any type of compensation.

The complete final price will include: taxes or rates, amount of increments or discounts applicable to the offer and additional expenses –for example, the ones associated to transport, payment methods, etc.– that are passed to the contracting person, which will be explicitly accepted by the contracting person.

In no case, charges that exeed the cost borne by MusicNexo for the use of certain payment methods will be billed to the contracting person.

MusicNexo will issue the corresponding bill for the product, detailing all the concepts that are part of it. The contracting person explicitly consents to the remission of an electronic invoice to the e-mail address provided to process the order. At any time, the Contracting can communicate his wish to receive all bills in paper, by writing to Customer Support Service.

4.1.2. Payment methods

The contracting person should pay the corresponding amount to the contracted product through some of the payment methods/procedures available on the web site. The additional costs associated with the payment methods selected should be paid and confirmed in an independent way under the terms indicated on the web site.

4.2. Withdrawal

The contracting person, which has the status of consumer, can withdraw the contracting made on www.musicnexo.com within fourteen natural days with no need of excuses, counting from the delivery day of the last product included in the contract,except in the case of a contract for regular delivery of products during a specified period, in such case the term to exercise withdrawal will star with delivery of the first asset.

The contracting of products that by their nature cannot be returned due to fast expiration or deterioration cannot be subject to withdrawal, either those tailor-made or customized to the client, same as those that being sealed had been unsealed after delivery and become no longer apt to be returned due to protection of health or hygiene reasons.

In order to exercise the right to withdrawal, the contracting person should notify its decision to withdraw from the contract through an unequivocal notification to: MusicNexo, at Avenida El Paso, 29 - La Laguna, Santa Cruz de Tenerife (Spain) or at info@musicnexo.com, indicating withdrawal of the contract and providing the following information: order reference, reception date, the contracting person's name and last name, and address. Likewise, he/she could use our withdrawal form model. In the event of written withdrawal, it should be properly signed by the contracting person. In order to meet the deadline, it is sufficient if the notification is dispatched before the expiry of the deadline.

In the event of withdrawal by the contracting person, MusicNexo will return all payments received, not including delivery expenses, with no undue delay. Such refund will be made using the same payment method used in the initial transaction, unless the opposite had been explicitly agreed upon; in any case, this will not result in any expense as a consequence of the refund. MusicNexomay withhold the reimbursement until the receipt of products had occurred or until a proof of their devolution had been presented.

The contracting person shall directly return or deliver the products to MusicNexo in: MusicNexo, Avenida El Paso, 29 - La Laguna, Santa Cruz de Tenerife (Spain), with no undue delay and, in any case, at the latest within fourteen calendar days from the date when the withdrawal from the contract decision is communicated. The term will be considered as met if devolution of the products is made before the period has ended.

The contracting person must assume direct cost of the products' devolution. Such cost is calculated to rise at approximately –at most– the same amount paid for the products to be delivered.

The contracting person is responsible for the decrease of value of the products resulting from different manipulation than the one necessary to establish the nature, characteristics and functioning of the products.

4.3. Contracting person's responsibility

In any case, the contracting person will be responsible for:

The contracting person assumes all risk of deterioration, impairment, harms and lost of the product from the moment when this is set for disposal by the third party who, on behalf of MusicNexo, makes the delivery of the requested product.

The contracting person commits himself to checking the good condition of the product in front of the third party who, on behalf of MusicNexo, makes the delivery of the requested product, checking that he/she will make prior to the signing the receipt of the delivery.

5.- RESOLUTION

MusicNexo and the contracting person may terminate this contract by any of the causes established by law and particularly for breach of the present General Conditions. The termination of the contract may be exercised by contacting the other party in: the post address indicated by the contracting person at the time of contracting the service, and in the MusicNexo’s domicile, properly identifying the contract intending to solve.

6.- COPYRIGHT AND TRADEMARK RIGHTS

MusicNexo declares that the own contents, programming and design of the web site www.musicnexo.com, are fully protected by copyright, being explicitly prohibited all reproduction, communication, distribution and transformation of the referred protected elements unless there’s explicit consent ofMusicNexo. MusicNexo can use external sources for the elaboration of its contents in certain occasions and/or establish links or hyperlinks to articles or information from third parties always quoting the source. The legitimate owner of the copyright of such information thereby included could request, at any time, the elimination of such references.

7.- DATA PROTECTION

All data provided by the contracting person in accordance with these general conditions shall be treated within the terms set on the Privacy Policy on the web site.

8.- APPLICABLE LAW AND JURISDICTION

The present general conditions are governed by the Spanish legislation. All courts from Santa Cruz de Tenerife are competent to solve any controversy or conflict derived from the present general conditions, with the contracting person renouncing explicitly to any other jurisdiction that might correspond to him.

9.- OTHERS

9.1. Cancelled clause:

In the event that any clause from the present document is declared invalid, other clauses will remain in full force and shall be interpreted taking into account the will of the parties and the purpose itself of the present conditions. MusicNexo may no longer make use of any of these rights conferred in this document, which will not imply in any case a renouncement to them unless explicit acknowledgement is given by MusicNexo.

9.2. Complaints:

The client can request a complaint form in person at the following address: Avenida El Paso, 29 - La Laguna, Santa Cruz de Tenerife (Spain)

The buyer-client, to act on the complaint, must send the original white copy of the Complaint Form, to the address reflected in the header, keeping the green copy in your possession and delivering the pink one to the person responsible for customer service at MusicNexo.

In order to facilitate the clarification of facts, the complainant is advised to fill out the complaints form before leaving the establishment and to refer the complaint within a maximum period of one month to the competent authorities, attaching to the claim as much proof and documents as possible to use for better knowledge of the facts, especially the invoice.

9.2.1. Arbitration system

MusicNexo is adhered to the Consumer Arbitration System of the Canaries. This system is an extrajudicial and voluntary process, allowing to solve disputes arising between consumers and businesses in a binding, fast, effective way, as well as free.

This system is characterised as being:

• FAST: The maximum duration of the procedure is four months from the designation of the arbitration panel.

• FREE: It's free for both parties, which must only pay, in some cases, for expert opinions requested.

• VOLUNTARY: Consumers and businesses freely adhere to the arbitration system.

• EFFECTIVE AND BINDING: Resolved by a binding decision on the parties. Equivalent to a court ruling.

When a dispute arises with a business, the consumer may submit a complaint to:

• The Consumer Arbitration Board.

• Consumers and Users Associations.

• Insular or Municipal Consumer Information Offices (OIICU and OMIC).

9.2.2. Exclusions

The following matters cannot be subject to consumer arbitration:

• Those in which there is a definitive and final judicial resolution.

• Those in which the parties have no right of disposal.

• Those in which the Crown Prosecution Service must intervene.

• Those in which there has been poisoning, injuries, death or reasonable suspicion of crime.

9.3. Prices:

Prices are shown in {CURRENT CURRENCY NAME}, with taxes included and are valid, except misprints, while appearing on the MusicNexo website or until supplies last.

The sale of any product will be governed by Spanish law, with subsequent payment of the corresponding indirect taxes. In such cases, the contracting person don't have to pay indirect taxes to Musicanarias as long as she/he has a tax identification number of that country.

MusicNexo reserves the right at all times to modify the price of the products and services offered through its website. To ensure the customer the certainty and safety of the price of products and/or services, this will be what's in effect at the time of making the order.

The prices listed on the MusicNexo onlines store do not include transportation nor transport insurance, and are only applicable if the purchase is made through the webpage.

9.4. Shipping and Transport:

Purchases made online can be shipped via our usual carrier or collected from our stores by the purchaser, with prior identification, or by third parties through written authorisation by the buyer.

The estimated costs of transport and transport insurance of each product are shown separately.

MusicNexo cannot send the order until payment has been verified. Depending on the destination, delivery of the purchased product will be made within approximately 7 to 20 working days, this time frame will begin from when MusicNexo has knowledge of the payment made by the customer for the product (on Saturdays, Sundays and holidays, there will be no delivery service and are counted as non-working days.

For shipments to the Canary Islands, the delivery informed in "Shipments and Payments" section will be subject to the availability of requested items in our store Tenerife. In this case, the delivery will be informed during the process. In any case, the period may be extended up to 15 days maximum.

MusicNexo is not responsible for delays in the delivery by the carrier, for reasons beyond the normal operation of transport services, such as strikes, accidents, adverse weather conditions, etc.

The order will be sent to the designated address at the time of formalisation by the client, without the possibility of subsequent modification of the place of delivery.

The order will be delivered at the main entrance of the location indicated by the customer, and for collection of the goods, a signature of the delivery note and a personal identification document will be requested. The carrier is under no obligation to bring the goods inside the property, they will be deposited at the main entrance to the street. The carrier shall deliver on schedule, and in the event that the client is not at home at the time of delivery, the carrier will leave a note informing that they will return the next day. In the event that the delivery cannot be made the next day, the goods will be stored at the premises of the carrier, waiting to be withdrawn personally by the customer. After being stored for 15 days at the premises of the carrier, the goods will be returned to MusicNexo, and charging the costs of this transaction to the customer.

The customer is responsible for checking the content and condition of the goods at the time of delivery. Upon acceptance of the goods and signing a copy of the receipt returned to the carrier, the customer assumes the order as received, renouncing further claims about the identity and adequacy of the requested and received goods. In the case of the customer verifying at the time of delivery errors in the goods received, or that it is found to be visually damaged, the customer must state these circumstances in the delivery note and make known these facts to MusicNexo.

9.5. Warranty:

Instruments or equipment marketed by MusicNexo are warranted for TWO YEARS from the date of sale registered on the invoice. During that time, we undertake to thoroughly check and repair any manufacturing defects or deficiencies of the materials used in its construction according to the following conditions:

9.5.1. The warranty covers repair or replacement of defective parts as well as the labour required, except in the case of speakers, lamps or valves, whose guarantee is always subject to proper use of the apparatus of this warranty, and in any case, shall be subject to the diagnosis that is made by the Technical Assistance Service (SAT) of MusicNexo.

9.5.2. Damages caused by mistreatment, knocks, falls, accidents, water, misuse, overvoltage, dead batteries, improper installation, transportation, or any cause not attributable to the device or instrument in the proper operating conditions for which it was designed, cannot be attributed as manufacturing defects.

9.5.3. Internal or external damage or defects caused by the user or another person are not covered by this warranty, neither is the seller responsible of wear and tear caused by normal use.

9.5.4. As a precondition to the preservation of the instrument or apparatus, it is necessary that it be placed or installed in a dry environment, protected from moisture, drafts and high temperatures.

9.5.5. This warranty is void if the instrument or defective apparatus is not accompanied by its certificate or if the serial number of the instrument or apparatus is not visible or has been modified.

9.5.6. The repair must be carried out at the Technical Assistance Service (SAT) expressly authrised by MusicNexo, or failing this, at the MusicNexo premises. If the repair made was not satisfactory and the instrument or apparatus does not fulfill the optimal conditions for the use for which intended, the warranty holder shall be entitled to a replacement or a refund of the price paid.

9.5.7. Transport costs and any travel expenses are borne by the buyer.

9.5.8. MusicNexo guarantees to the owner of the instrument or apparatus technical assistance, once this warranty has expired, service costs are borne by the buyer or owner.

9.5.9. The stipulated warranty period of TWO YEARS is extended to FIVE YEARS exclusively on the purchase of PIANOS, and is limited to one year on purchases made by juridical persons.


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