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GENERAL CONTRACTING CONDITIONS OF MUSICNEXO.COM
This document establishes the General Contract Conditions of MUSICNEXO.COM, the MUSICNEXO website, a registered trademark in the name of Musicanarias SLU, whose purpose is the sale of products to Musicanarias, SLU, (hereinafter Musicanarias) with CIF B38034815 and address Rambla de Pulido, 60, Santa Cruz de Tenerife, Spain, by those natural or legal persons (hereinafter, contracting person or user) who express their desire to acquire the products that are made available to them on the site MUSICNEXO.COM website through the request made by electronic means, specifically, via the internet through that website owned by Musicanarias.
These general conditions are intended for customers who have the status of consumers as defined in article 3 consolidated text of the general law of consumers and users (TRLGCU).
1.- CONTRACTUAL INFORMATION AND DOCUMENTATION. ACCEPTANCE OF THE CONTRACT
These General Contract Conditions are permanently displayed on the MUSICNEXO.COM website, owned by Musicanarias, and all users can file them, print them and, therefore, be previously informed of the conditions under which the products will be contracted ( hereinafter the product).
Likewise, these General Conditions are reiterated together with a summary of the specific request - specific product / s contracted / s, cost with indication of taxes if applicable, etc. - for its express acceptance by the contracting person – by clicking on “I have read and accept the general conditions of sale” – each time a specific request is made through the website.
It is not technically possible for the contracting person to complete the application without acceptance of these General Conditions. In order for the contracting person to make this acceptance and, therefore, make the request, they must provide their data when placing the order at MUSICNEXO.COM, at which time they accept these Conditions.
The contracting person, by accepting these Conditions, gives his express and unreserved consent for Musicanarias to carry out the collection operations necessary for the acquisition of the product he contracts, expressly authorizing Musicanarias to make the collections in the payment methods that she herself has selected. , or entered from the secure area enabled for this purpose, in accordance with the payment services regulations.
These General Conditions together with the specific request made through the Internet by the contracting person -also called "Special Conditions"- configure the content of the contract between Musicanarias and the contracting person who declares to have sufficient capacity to contract and to have read, understood and accepted these conditions.
Musicanarias, at the time of contracting and within a period not exceeding twenty-four hours, will send confirmation of the order placed to the email address associated with the contracting person's account.
The contracting person will permanently have these General Conditions on the website. Any subsequent modification of these General Conditions will be clearly displayed in an easily accessible place on the MUSICNEXO.COM website. All the documentation indicated above may be printed and filed by the contracting person and may be requested at any time from the Customer Service, via email sent to firstname.lastname@example.org or by calling the telephone number +34922821664
Any request for information, or claim that is deemed pertinent, may be submitted to the Customer Service Department at the address identified in the previous paragraph. The Service will acknowledge receipt of the claim submitted by sending the pertinent supporting document -with the corresponding identification code- to the email address that must be provided to the Customer Service Department to process the claim.
Through this contract, Musicanarias undertakes to deliver to the contracting person the product that he or she has requested through the MUSICNEXO.COM website in exchange for a certain price and in accordance with the conditions established in this document.
3.- RIGHTS AND OBLIGATIONS OF MUSICANARIES
3.1. Product delivery
Musicanarias undertakes to deliver the product in perfect condition to the address that the contracting person indicates in the order form where the particular conditions that join these general conditions are stated. Musicanarias will not be responsible for errors caused in the delivery when the data entered by the contracting person in the order form does not correspond to reality or has been omitted.
Unless the parties agree otherwise, Musicanarias will deliver the product by transferring its material possession or control to the contracting person, without any undue delay and in accordance with the terms indicated on the website, which in no case will exceed thirty days. counted from the execution of the contract.
The products offered on the website are subject to stock limits. In the event that the product requested by the contracting person cannot be supplied because it is not available, the contracting person will be informed of this lack of availability before finalizing the purchase, in the product file itself and, in any case, by email once the purchase request has been received. If this has not been reported and the contracting person has purchased a product that is out of stock, the amount paid will be returned without undue delay.
3.2. Responsibility of Musicians
Musicanarias will in no case be responsible in relation to:
3.2.1. Errors, delays in access by the contracting person when entering their data in the order form, the slowness or impossibility of confirming the order or any anomaly that may arise when these incidents are due to problems in the Internet network, acts of God or force majeure and any other unforeseeable contingency beyond the good faith of Musicanarias. In any case, Musicanarias undertakes to solve any problems that may arise and to offer all the necessary support to the contracting person to reach a quick and satisfactory solution to the incident.
3.2.2. Of the errors or damages produced by an inefficient use of the product and in bad faith by the contracting person.
3.2.3. Of the non-operationality of the email address provided by the contracting person for sending the order confirmation.
3.2.4. Musicanarias has the absolute responsibility for the quality of the product, accepting the return of the same as long as they are defective or do not reach the contracting person in correct condition. The contracting person must make the return claim through the website itself in its specific section in order to effectively monitor the incident. Musicanarias will be responsible, in this case, for the expenses incurred as a result of such return provided that the contracting person communicates this fact, within a period of fourteen days from the date of delivery and the product has not been consumed or altered in any way. case. Musicanarias is exempt from any responsibility in relation to possible breakages or defects in the product produced after its delivery, likewise, Musicanarias will not have any responsibility in relation to that product that has already been consumed or used without any type of incident on the part of the contracting person who intends to make a claim.
The contracting person, before signing the delivery of the order, must check that the product is delivered in perfect condition, if he gives his agreement at the time of delivery, it is understood by both parties that the product was delivered correctly and that, therefore, the possible deterioration occurs after delivery.
3.2.5. The contracting person expressly waives to claim any contractual or non-contractual liability for possible damages or losses arising from what is stated above in this clause. In any case, the responsibility of Musicanarias if it fails to comply with what is stated in this agreement according to the terms of these general conditions will be limited to the refund of the amount that, if applicable, the contracting person could have paid and always after a refund by the person contractor of the product in question.
3.2.6. The contracted product has the guarantee of conformity provided for in the Law. If the product is not in accordance with the contract, the contracting person may choose between demanding the repair or replacement of the product, or, where appropriate, the reduction of its price. or the resolution
4.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PERSON
The contracting person undertakes to pay the amount for the product actually requested in the amount and manner established in these Conditions.
The remuneration for the product actually requested by the contracting person will be that indicated on the website and that which appears in the specific request of the contracting person at all times (except in the event of a typographical or manifest error); requests that will constitute the particular conditions of the order. The price of the product that appears on the website is always indicated in Euros (€) with taxes included.
In the event of an error in the price of the product requested by the contracting person, Musicanarias will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. In the event that it is not possible to contact the contracting person, the order will be considered canceled and the amounts that have been paid will be fully reimbursed, without the right to any compensation.
The complete final price will include: taxes or fees, the amount of the increases or discounts that are applicable to the offer and additional expenses - for example, those associated with transport, means of payment, etc. - that are passed on to the contracting person, which will be expressly accepted by the contracting person.
In no case will charges be billed to the contracting person that exceed the cost borne by Musicanarias for the use of certain means of payment.
Musicanarias will issue the invoice corresponding to the contracted product detailing all the concepts that make it up. The contracting person expressly consents to the sending of the invoice electronically, to the email address provided when processing the order. At any time, the Contracting Party may communicate its wish to receive the invoices on paper, by writing to the Customer Service Department.
4.1.2. Payment Methods
The contracting person must pay the amount corresponding to the contracted product through one of the payment methods/procedures available on the website. The additional expenses associated with the selected payment methods must be paid and confirmed independently in the terms indicated on the website.
You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired physical possession of the goods.
To exercise the right of withdrawal, you must contact us at: Musicanarias, S.L.U., at Rambla de Pulido nº60, Santa Cruz de Tenerife (Spain); or at email@example.com; communicating your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email). You can use the model withdrawal form below, although its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
You can find our sample withdrawal form at this link.
4.2.1. Consequences of withdrawal
In case of withdrawal on your part, we will refund the payment received from you with the exception of shipping costs in the event that the management of the return shipment of the product is managed by Musicanarias. If the management of the return shipment of the product is carried out by the client, the return of the payment will be complete.
The return of the payment will be carried out without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any expenses as a result of the reimbursement. We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, depending on which condition is met first.
You must return or deliver the goods directly to us without undue delay and, in any case, no later than 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The deadline will be considered met if you return the goods before the deadline has expired.
You must bear the direct cost of returning the goods.
You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
4.3. Responsibility of the contracting person
In any case, it will be the responsibility of the contracting person:
The contracting person assumes all risks of deterioration, impairment, damage and loss of the product from the moment it has been made available by the third party who, on behalf of Musicanarias, delivers the requested product.
The contracting person undertakes to verify the good condition of the product before the third party who, on behalf of Musicanarias, delivers the requested product, a verification that will be carried out prior to signing the proof of delivery made.
Musicanarias and the contracting person may terminate this contract for any of the causes established by law and in particular for non-compliance with these General Conditions. The resolution of the contract may be exercised by contacting the other party at: the postal address provided by the contracting person when contracting the service, and at the address of Musicanarias, duly identifying the contract that is intended to be resolved.
6.- COPYRIGHT AND TRADEMARK
Musicanarias informs that the contents, programming and design of the MUSICNEXO.COM website are fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited, except with the express consent of Musicanarias. . Musicanarias may use external sources to prepare its content on certain occasions and/or establish links or hyperlinks to articles or information from third parties, always citing the source. The legitimate owner of the copyright of this information thus included may request at any time the removal of the aforementioned references.
7.- DATA PROTECTION
8.- JURISDICTION AND APPLICABLE LAW
These general conditions are governed by Spanish law. In general, the Courts of Santa Cruz de Tenerife will be competent to resolve any controversy or conflict arising from these general conditions. In the event that the Client has the status of consumer, the corresponding courts and tribunals will be competent according to the provisions of current consumer regulations.
9.1. Technical Means to Correct Errors:
In any case, you can correct errors related to the personal data provided during the purchase process by contacting customer service by phone +34922821664 or by email at firstname.lastname@example.org. If you detect an error in your order after the completion of the payment process, you must immediately contact our customer service, at the phone or email address mentioned above, to correct the error.
9.2. Canceled clause:
In the event that any clause of this document is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these conditions. Musicanarias may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of the same unless expressly recognized by Musicanarias.
The client can request a Complaint Form by going personally to the following address: Rambla de Pulido, 60, 38004, Santa Cruz de Tenerife, Spain.
The buyer-client, to proceed with the claim, must send the original of the Claim Sheet, white, to the address reflected in the header, keeping the green copy in his possession and delivering the pink one to the person Musicanarias customer service manager.
To facilitate the clarification of the facts, the complainant is advised to fill in the claim form before leaving the establishment and submit the complaint within a maximum period of one month to the competent authorities, attaching to the claim as many tests and documents as serve for the best knowledge of the facts, especially the receipt of the invoice.
9.3.1. Alternative Dispute Resolution
In compliance with the provisions of Law 7/2017, of November 2, which incorporates into the Spanish legal system Directive 2013/11/EU, of the European Parliament and of the Council, of May 21, 2013, regarding the alternative resolution of consumer disputes, we inform you of the following:
1. The complete details of the company are as follows:
2. The email address where you can file your complaints and claims or request information about the goods or services offered on this website is: email@example.com
3. The company is obliged to answer and resolve your complaints or claims within thirty days of their filing at the aforementioned email address.
4. In the event that this company does not resolve the claim filed to your satisfaction, you may go to an alternative resolution entity notified to the European Commission.
5. The online dispute resolution platform of the European Union referred to in Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, to which you can go, has the following address:
9.3.2. arbitration system
Musicanarias is a member of the Canary Islands Consumer Arbitration System. This system is an extrajudicial and voluntary procedure that allows for a binding, fast, effective and free resolution of differences between consumers and businessmen.
This system is characterized by being:
• FAST: The maximum duration of the procedure is four months from the appointment of the arbitral college.
• FREE: It is free for both parties, who will only have to pay, in some cases, the expert reports requested by both parties.
• VOLUNTARY: Consumers and businessmen freely adhere to the arbitration system.
• EFFECTIVE AND BINDING: It is resolved through an award that is binding on the parties. It is equivalent to a judicial sentence.
When a dispute arises with an entrepreneur, the consumer may file a claim with:
• The Consumer Arbitration Board.
• The Associations of Consumers and Users.
• The Insular or Municipal Consumer Information Offices (OIICU AND OMIC).
The following issues may not be subject to consumer arbitration:
• On which there is a firm and definitive judicial resolution.
• Those in which the parties do not have power of disposal.
• In which the Public Prosecutor must intervene.
• Those in which there is intoxication, injury, death or there are reasonable indications of a crime.
The prices will be indicated in Euros (€), including taxes and are valid, except for typographical errors, while they appear on the MUSICNEXO website or while stocks last.
The purchase-sale of any product will be governed by Spanish law, with the consequent payment of the corresponding indirect taxes. In such cases, the contracting party or recipient of the product is exempt from paying indirect taxes to Musicanarias as long as they have a tax identification number from that country.
Musicanarias reserves the right to modify the price of the products and services offered through MUSICNEXO.COM at all times. To guarantee the client the certainty and security of the price of the products and/or services, this will be the one in force at the time of formalizing the order.
The prices that appear in the MUSICNEXO online store do not include transport or transport insurance, and are only applicable if the purchase is made through the website.
9.5. Shipping and transportation:
Purchases made online can be sent by our usual carrier or picked up at our warehouses by the buyer, after identification, or by third parties with the written authorization of the buyer.
Estimated shipping costs and shipping insurance for each product are listed separately.
Musicanarias will not be able to send the order until verifying that the payment has been made. Depending on the destination, an approximate period of between 7 and 20 working days is established for the effective delivery of the purchased product, a period that will start counting from when Musicanarias becomes aware of the payment of the product made by the client (Saturdays, Sundays and holidays). there will be no delivery service and they are counted as non-business days.
In the case of shipments to the Canary Islands, the delivery times reported in the "Shipping and Payments" section will be subject to the availability of the items requested in our warehouse in Tenerife. If this situation occurs, the delivery time will be informed during the purchase process. In any case, the period may be extended up to 15 days maximum.
Musicanarias is not responsible for delays in delivery, by the carrier, for reasons beyond the normal operation of the transport service, such as strikes, accidents, adverse weather conditions, etc.
The order will be sent to the address designated at the time of formalization 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 place indicated by the client and the signature of the delivery note and a personal identification document will be requested to collect the merchandise. The carrier has no commitment to carry the merchandise inside the house, only deposit it at the main entrance of the street. The carrier will make the delivery on the scheduled date, and in the event that the customer is not at his address at the time of delivery, the carrier will leave a note informing that it will happen the next day. In the event that the delivery cannot be made the following day, the merchandise will be stored in the carrier's facilities, waiting to be picked up personally by the customer in said facilities. After 15 days of storage in the carrier's facilities, the merchandise will be returned to Musicanarias, attributing the expenses derived from said operation to the client.
The customer is responsible for verifying the content and condition of the merchandise at the time of delivery. Once the merchandise has been accepted and the copy of the delivery note to be returned to the carrier has been signed, the client agrees with the order received, waiving subsequent claims about the identity and suitability of the merchandise requested and received. In the event that the customer verifies errors in the merchandise received or that it is visually damaged at the time of delivery, they must record these circumstances on the carrier's delivery note and inform Musicanarias of these facts.
The instruments or devices marketed by Musicanarias are guaranteed for THREE YEARS, from the date of sale recorded on the purchase invoice, or from the date of delivery to the customer if this is after the date of billing. In case of lack of conformity and based on what is determined by Royal Decree-Law 7/2021, of April 27, which approves the Consolidated Text of the Law and General for the Defense of Consumers and Users and other complementary Laws , the buyer has the right to repair the good, to replace it with another, to reduce the price or to terminate the contract, all under the terms established by law.
9.6.1. In cases of repair, the warranty covers the repair or replacement of defective components, as well as the necessary labor, except for the replacement of speakers and lamps or valves, whose warranty will always be subject to the correct use of the device it contains. that loudspeaker or valve and, in any case, will be subject to the diagnosis made by the Technical Assistance Service. Strings, resins, reeds, mouthpieces, patches, drumsticks and other consumable components or accessories are excluded from the application of this guarantee.
9.6.2. Failures caused by mistreatment, blows, falls, accidents, water, improper use, excess voltage, dead batteries, improper installation, transportation, or any cause not attributable to the device or instruments in the appropriate conditions cannot be attributed as a manufacturing defect. of operation for which it was designed.
9.6.3. Damage or interior or exterior defects caused by the user or another person, are not covered by this guarantee, nor is the seller responsible for wear and tear caused by normal use.
9.6.4. As a condition prior to the conservation of the instrument or device, it must be placed or installed in a dry environment, protected from humidity, drafts and high temperatures.
9.6.5. This guarantee will not be valid if the defective instrument or apparatus is not accompanied by its purchase invoice or if the serial number of the instrument or apparatus is invisible or has been modified.
9.6.6. The repair will necessarily be carried out at the Technical Assistance Service (SAT) expressly authorized by Musicanarias or, failing that, at the Musicanarias Technical Assistance Service.
9.6.7. Transportation costs are borne by Musicanarias. However, if once the diagnosis is made it is determined that the product does not have a fault or it has been caused by improper use, the transport costs incurred will be charged to the customer.
9.6.8. Musicanarias will offer the owner of the instrument or device the technical assistance service for a period of 7 years once this guarantee has expired, the cost of the service being borne by the buyer or owner.
9.6.9. The stipulated guarantee period of THREE YEARS is extended to FIVE YEARS exclusively in the acquisition of PIANOS, and is limited to 1 year in purchases made by legal entities.