In compliance with the provisions of Royal Decree 1906/99 of December seventeenth, which regulates electronic contracting and the Law of Retail Trade Management (Law 7 / 1996 of January 15, amended by Law 47/2002 of December 19) as applicable to the provisions on distance sales in Articles 38 and following, and the Community Directive 2000/31 of June 8 concerning electronic commerce J.R.G MUSIC SL hereinafter referred to as THE COMPANY informs:
This document is the general regulation of the services provided by THE COMPANY through its website www.guitarrasramirez.com the legal framework that develops the present contractual relationship of purchase and sale.
These General Conditions are subject to the provisions of :
– Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November.
Law 7/2017 Law 7/2017, of 2 November, which transposes into Spanish law Directive 2013/11/EU of the European Parliament on alternative dispute resolution in consumer matters.
– ROYAL LEGISLATIVE DECREE 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
– Law 23/2003, of 10 July, on Guarantees in the Sale of Consumer Goods,
– Law 34/2002 of July 11, 2002, on Information Society Services and Electronic Commerce.
– Royal Decree 1906/1999, of 17 December 1999, which regulates Telephone or Electronic Contracting with general conditions,
– Organic Law 15/1999 of 13 December 1999 on the Protection of Personal Data,
– Law 7/1996 of 15 January 1996 on the Regulation of Retail Trade, amended by Law 47/2002 for the transposition into Spanish law of Directive 97/7/EC on distance contracts, and for the adaptation of the Law to various Community Directives.
– Law 7/1988, of 13 April 1988, on General Contracting Conditions,
The services offered by THE COMPANY may be contracted by any user who complies with the requirements set forth in these CONDITIONS OF CONTRACTING and LEGAL NOTICE available at all times on THE COMPANY’s Web Site.
1. OBJECT OF THE CONTRACT.
The purpose of the contract is to regulate the general conditions of service offered by THE COMPANY:
The access to the information included in the web site is completely free, while the service of purchase of products is onerous, specifying at all times the current prices of the product, the prices of postage, and the charges for taxes.
The contracting procedure will be carried out in the Spanish language in any case, being able THE COMPANY, to establish the possibility of carrying out the contracting of the service in other specified languages.
2. IDENTIFICATION OF THE CONTRACTING PARTIES.
On the one hand, THE COMPANY, with trade name GUITARRAS JOSÉ RAMÍREZ and company name J.R.G MÚSICA SL with registered office at Calle General Margallo, nº 10, 28020, Madrid, with tax identification number: B80787237, registered in the Mercantile Register of Madrid: volume 7508, book 0, folio 1, section 8, page M121457, and with contact email firstname.lastname@example.org
And, on the other hand, by the CUSTOMER, whose data entered to make the purchase or to make a suggestion, through the form established for this purpose, are those that have been entered by himself.
3. OBLIGATIONS RELATING TO THE PURCHASE PROCEDURE.
The CLIENT is solely responsible for the veracity of the data entered by him/her in the purchase procedure, and accepts the obligation to provide truthful, accurate and complete data.
If the CLIENT fails to comply with this obligation, he/she will be responsible for any possible damages caused to the COMPANY or to a third party.
4. CONDITIONS OF SERVICE
The commercial conditions of this service and the offers that may eventually be carried out by THE COMPANY always appear in the mentioned web page so they can be consulted, filed or printed.
THE COMPANY reserves the right to modify at any time the present General Conditions of Contracting as well as any other document exposed in the Web site.
THE COMPANY will not be responsible for delays or failures that occur in the access, operation and operability of the Web, or its services and / or content, nor for interruptions, suspensions or malfunctions of the same, when they had their origin in failures caused by natural disasters or situations of force majeure, or of extreme urgency, such as strikes, attacks or computer intrusions or any other situation of force majeure or fortuitous cause, as well as by errors in the telematic networks of data transfer and in any case when the error had been produced by a third party outside the business organization of the COMPANY.
THE COMPANY is responsible for the reliability, truthfulness and accuracy of the contents, data or information regarding the products offered on its website, unless these have been modified by third parties, whether or not outside the organization, without the express authorization of the company.
The service provided by THE COMPANY is limited exclusively to making the products available to customers, being responsible for such products in the event that there is non-conformity with them in the terms set forth in the Law of guarantee of durable consumer goods.
In the event that websites owned by THE COMPANY may host banners that allow the user to access web pages or links owned by third parties, THE COMPANY is not responsible for the content that may be hosted therein.
The CLIENT agrees to comply with the provisions of the LEGAL NOTICE and the CONDITIONS OF CONTRACT published by THE COMPANY on its website at the time of purchase of the product.
6. PURCHASE PROCEDURE.
The purchase procedure is carried out through the website of THE COMPANY and is done electronically, being necessary to start it to be registered as a user of the website.
To register you must fill in all the identification data requested by the website. The COMPANY is not responsible for any damages that may arise from the inaccuracy of the data entered by the customer.
Purchases will be made by clicking on the shopping cart icon located next to the material included on the website. The handmade guitars can only be ordered on request, as they will be made exclusively for the client with their specifications and have a waiting list and a long production time.
The prices indicated are inclusive of VAT. For shipments to the Canary Islands, Ceuta, Melilla and countries outside the EU VAT will not be charged, and the CUSTOMER must pay the corresponding costs and taxes in their places of origin.
Once the CONFIRM button is clicked, the Customer will automatically receive an email to the address provided in the Registration phase which will show all the information relating to your purchase. Since this is a technical and automatic element, errors may occur that are beyond the control of the person responsible for the website, so please inform the company if you do not receive this e-mail.
The information contained in the price lists is only for indicative purposes, as there may be some error in the transcription of the same, which at no time obliges THE COMPANY to sell the products at the wrong price.
In case of typographical error in the prices shown on the website, THE COMPANY will communicate the error to the buyer and allow the cancellation of the purchase at no cost to it, not being considered valid in any case the wrong price. THE COMPANY undertakes to correct any errors found on the website and update the prices and conditions of sale of the products, in the possible changes that occur as soon as possible.
7. SHIPMENT OF THE PRODUCT
Shipments within the peninsula are made by transport agency and delivery will be made in 1 to three working days approximately from the confirmation of the order at the home of the buyer.
For shipments to the Canary Islands, Ceuta and Melilla the same will be made by the agency determined in each case and the delivery time will be 5 to 9 working days from order confirmation.
For shipments within and outside the EU may range from 5 to 20 working days from the date of purchase.
These conditions do not include handmade instruments that are made to order, which have a waiting list for their construction and delivery date.
If for any reason there is a delay in delivery we will inform you of the estimated delivery time. The company is not responsible for causes not attributable to the transport.
– Other costs such as customs clearance at destination, such as local taxes (IGIC, etc) will be paid by the buyer and will have to be paid when collecting the goods (only for the Canary Islands, Ceuta and Melilla and countries outside the EU).
– All shipments are insured against loss or damage in transit.
– If the shipment does not arrive at destination or arrives damaged, you must indicate it immediately, and THE COMPANY will arrange for it to be collected as soon as possible so that it arrives at our facilities for analysis and so that, once it is confirmed that the product is in perfect condition, THE CUSTOMER will receive another unit in perfect condition as soon as possible, at no additional cost.
The payment methods are as follows:
– BANK CARD: The management of the card payment is done through the website of the bank BBVA where they will process your payment in their Virtual POS in a secure environment, with THE COMPANY not having access to your credit card details at any time.
– PAYPAL : the management of payment by credit card or PAYPAL account is done through the web paypal.es linking directly from the web site of THE COMPANY where they will process your payment in the secure environment of PAYPAL, not having THE COMPANY access to the data of your credit card or PAYPAL account at any time.
– TRANSFER: THE COMPANY has the account number, IBAN: ES89 0182 4012 2800 1010 4023, BIC / CODE BBVAESMMXXX SWIFT: BBVA ESMM where the CUSTOMER can make the deposit of your order.
- WARRANTY AND CLAIMS
All products are guaranteed for 3 years from the time of delivery, with respect to the lack of conformity with the product in accordance with the provisions of Law 23/2003 of 1 January 2021, on Guarantees in the Sale of Consumer Goods. In this sense, THE COMPANY shall be liable to the consumer for any lack of conformity that exists at the time of delivery of the good. Under the terms of the law, the consumer has the right to have the goods repaired, to have them replaced, to have the price reduced and to terminate the contract.
For all purposes, delivery of the product shall be deemed to have taken place at the time stated on the delivery note.
9.- RIGHT OF WITHDRAWAL:
Given the nature of some of the products marketed by the COMPANY (guitars and other instruments) and based on the provisions of ARTR. 103 SECTIONS i) and j) OF LAW 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users THE CUSTOMER has no right of withdrawal on these products.
THE CUSTOMER has the right to cancel the purchase of accessories within 14 calendar days without justification if the product has not been made to order, as is the case with our handcrafted products which are made with the characteristics indicated by the customer, according to a waiting list and with an approximate delivery date.
As for guitars or instruments that are in stock on the website, the term and conditions will be the same as with accessories, however, upon receipt of the instrument, an analysis and report will be carried out and, if there is any damage, it will be deducted from the amount to be returned. If the price of the repair is equal to or higher than the price of the new product, the amount will not be refunded and the CUSTOMER will wait for the courier to pick it up again.
The withdrawal period shall expire after 14 calendar days from the day on which the CUSTOMER or a third party indicated by the CUSTOMER, other than the carrier, acquired physical possession of the product purchased.
In order to exercise the right of withdrawal, THE CUSTOMER must notify THE COMPANY of its decision to withdraw from the contract by means of an unequivocal statement which may be sent by post, fax or e-mail to any of the following addresses:
Postal address: C/ General Margallo nº 10 cp. 28020 city Madrid
In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.
The material must be returned to the COMPANY without undue delay and, in any case, no later than 14 calendar days from the date on which you communicate your decision to withdraw from the contract. The deadline shall be deemed to have been met if the goods are returned before this period has expired, provided that they are in perfect condition (no bumps, scratches, tears, bald patches of varnish, etc.) and without signs of use.
The material must be returned in perfect condition, otherwise it will not be accepted as valid. It is recommended that you use the packaging and documentation with which you received them, otherwise the item will be depreciated and this depreciation will be deducted from the money to be returned.
In the event of cancellation, the CUSTOMER shall bear the direct cost of returning the goods, including postage. On the other hand, as the goods are of great value, it is recommended to take out insurance in addition to that offered by the courier company.
The COMPANY will return all payments received from the CUSTOMER without any undue delay, once the product has been received in perfect condition, the analysis has been made and the report sent to the CUSTOMER and, in any case, no later than 14 calendar days from the date on which we have received, checked the goods and verified that they are in perfect condition, otherwise the amount corresponding to the repair will be deducted, which in extreme cases may be higher than the price of the guitar.
THE COMPANY will proceed to carry out such reimbursement using the same means of payment used by THE CUSTOMER for the initial transaction, unless THE CUSTOMER has expressly provided otherwise; in any case, it will not incur any expenses as a result of the reimbursement, except for the return postage, which will be for the account of THE CUSTOMER.
THE COMPANY may withhold reimbursement until it has received the goods and confirmed that the product has arrived in perfect condition.
MODEL WITHDRAWAL FORM
(this form is only to be completed and sent if you wish to withdraw from the purchase)
– To the attention of Guitarras Ramírez
c/ General Margallo n.10
Tfn +34 680 122 262
I hereby inform you that I withdraw from the purchase of the following material:
- Serial number ____________________
- Year __________
- Date of receipt of order ___________
- Name ______________________
– Signature of THE CUSTOMER (only if this form is submitted on paper)
10 VALIDITY OF THE PURCHASE PROCEDURE AS PROOF OF ACCEPTANCE AND PERFECTION OF CONTRACT
Both parties expressly declare that the acceptance of the COMPANY’s service offer by the CUSTOMER is carried out by following the purchase procedure described in section 6, PURCHASE PROCEDURE.
The fact of following telematically all the steps described in point 6 for the purchase process of the products and complements by the CLIENT, supposes the complete and express acceptance of the present general conditions of contracting, understood as sufficient to contract.
The contract will be perfected from the date on which the CLIENT expresses its agreement with the contracting conditions published at the time of purchase, and must expressly select the acceptance of the same, in addition to the confirmation of payment.
11 .- RESOLUCION ALTERNATIVA DE CONFLICTOS
In compliance with the provisions of the Law 7/2017, of 2 November, which transposes into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters, we inform you of the following:
1.- The full details of the company that owns this website are:
- J.R.G MUSIC SL
- Postal address C/ General Margallo nº 10 , DP 28020 Madrid.
- Phone number, +34 680 122 262
2.- The e-mail address where you can lodge 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 any complaints or claims made on the aforementioned website, within thirty days of their filing.
4. In the event that the company does not resolve the complaint to your satisfaction, you can turn to an alternative dispute resolution body notified to the European Commission.
5.- The European Union’s online dispute resolution platform referred to in Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, to which you can go, has the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES
12.- PARTIAL NULLITY
If any part of these terms of service should be unlawful and therefore invalid, this shall not affect the other provisions which are in accordance with the law. The parties agree to renegotiate those parts of the terms of service that are invalid and to incorporate them into the remaining terms of service.
13.- APPLICABLE LAW AND JURISDICTION
For any dispute or question concerning the Website of www.guitarrasramirez.com or any of those who depend on it, will apply Spanish law, being competent for the resolution of all disputes arising from or related to the use of this Web site, the Courts and Tribunals of the domicile of the COMPANY and, where appropriate, the Arbitral Courts to which it is adhered at the time of the dispute. If you have any complaints regarding the use of our services, please send an e-mail to the following address: firstname.lastname@example.org