GENERAL CONTRACTING CONDITIONS
1. PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS:
On the one hand, the provider of the products, LLEVINAC SL (hereinafter also the "Provider"), with registered office at C/ Consell de cent 201, baixos, 08011 Barcelona, (Barcelona), N.I.F. B64412406, Customer Service phone number 931701767, and e-mail: email@example.com, being the owner of the website www.aclamguitars.com, exposes the contractual document that will govern the contracting of products through the website reviewed.
And on the other hand, the "User - Client" (hereinafter the User), who is registered on the website by means of both a username and password, with full responsibility for their use and custody, being accountable for the veracity of the personal data submitted to the provider.
The Parties BOTH ACCEPT this document, with the following implications whereas the user:
a. Has read, understood and agreed with this text.
b. Declares being a person of legal age and with sufficient capacity to enter into agreements and be bound to the conditions herein inserted.
c. To assume all the obligations set forth herein.
d. You have read and accepted these general purchasing conditions from the moment you purchase any of the products that are offered.
The present conditions will have an indefinite period of validity and will be applicable to all the agreements made through the website of the Provider. The Provider, with the objective of improving the products offered, reserves the right to unilaterally modify these General Contracting Conditions, without it affecting the goods or special offers that were acquired prior to the modification. In any case, these general conditions must be reviewed prior to purchasing the products.
LLEVINAC SL is not responsible for any loss of data, files, or any damage that may result from the User’s failure to backup the data included in the purchased products, such as memory cards. LLEVINAC SL is not responsible for any and all consequences that may result from improper use of the products that are sold on the web.
The civil liability of LLEVINAC SL for the products supplied is limited to the amount of the same, and at the same time, the User waives to claim any liability to the Provider for any case related to the dissatisfaction of the products purchased on the website www.aclamguitars.com, as well as any possible failures, slow access, or errors in accessing the web, which may include the loss of data or other information that may exist in the computer or network of the User accessing the web.
LLEVINAC SL is a company specialized in the remote sale of guitars and guitar accessories
LLEVINAC SL sells its products over the Internet through its website and. LLEVINAC SL has the physical store in Barcelona, c/ consell de Cent 201, for the sale of products.
2. OBJECT OF THE AGREEMENT:
2.1 Scope of application: The purpose of this agreement is to regulate the contractual purchase-sale relationship between the Provider and the User, which begins at the moment the User accepts by checking the corresponding box during the online contracting process, implying their acknowledgement and agreement to these purchasing conditions. These GCC will apply from the day the order is placed.
The contractual purchase-sale relationship includes the delivery of a specific product, in exchange for a specific price that is publicly exposed through the website.
2.2 Territory of application: The virtual store of www.aclamguitars.com is active Worldwide.
2.3 Legal capacity: To be able to place an order, you must be of legal age and have the required legal capacity to contract the services outlined in the Website.
2.4 Consent of the Client: The validation of an order through the web www.aclamguitars.com is executed by email, which also implies the automatic acceptance of the GCC
2.5. Modification of the General Contracting Conditions: LLEVINAC SL reserves the right to make changes and / or modifications to these GCCIn the event that these changes or modifications were introduced after an order was placed, the conditions that will apply will be those of the date on which the order was placed.
3. INFORMATION PROVIDED ON THE WEB www.aclamguitars.com:
3.1 Availability of the product(s): There may be occasions when it could be impossible to supply all the products, which could be because they are either not in stock or available at the time of purchase. In these cases, we will contact you to give you a choice between the following options:
a) choice of an alternative product, with similar characteristics of the product to be replaced;
b) In case you prefer to wait for the product to be available in the store again, we may communicate with you once the product is available.
If you decline to any of the above-indicated options, the order related to these products will be canceled and any amount paid for them will be reimbursed.
3.2 Right of Cancellation: LLEVINAC SL reserves the right for this action (right of cancellation), which is an action consisting in not sending a specific product that does not meet the quality requirements imposed on all products of www.aclamguitars.com. In the event that this lack of quality is detected, the Customer Service of LLEVINAC SL will suggest a replacement product and, if the replacement product is not of the client's liking, the cost of said product will be reimbursed.
3.5 Orders 24 hours a day: The available admission hours for orders is 48-72 hours, three hundred and sixty-five (365) days of the year, although orders placed after Seven PM/Nineteen PM (7:00 PM/ 19:00 PM) will not be processed that same day. Orders which have been received after the stated hours will be next processed on the following business day in Barcelona. Orders received during the weekend will be processed early on the following Monday, or on the next business day.
3.6 Fraud: If any anomaly or fraud is suspected and detected,LLEVINAC SL reserves the right to cancel the transaction for security reasons.
4. PURCHASE PROCEDURE:
The User will select a username and password, committing to make a diligent use of both of them, as well as to not make them available to third parties. Additionally, the User must notify the Provider in the event of loss or theft of such username and password, as well as of the possible access by an unauthorized third party , in order to proceed to the immediate blocking of such data.
Once the User account has been created, please note that in accordance with the provisions set forth by Article 27 of Law 34/2002 for the Information Society and Electronic Commerce Services, the contracting procedure will be conducted through the following steps:
1. The product is chosen by clicking on it, and it will be automatically added in the "Shopping Cart".
2. If there are more products to be added, the option "Continue Shopping" must be selected. If a product was mistakenly added or not wanted, you must click on the option to remove it from the shopping cart. In the shopping cart, you will see the items, the quantity, the price and the total amount for the products.
3. Once the product (s) has/have been chosen, you must click on the final tab to place the order. When you click on this option, the purchase confirmation will appear (summary of the order placed, your data and chosen form of payment).
In any case, the Provider’s contracting platform will inform the User, once the contracting procedure is finished by means of an e-mail, which includes all the characteristics, price, transportations means, date of contracting, and estimated delivery of the purchased product(s).
If there is any type of error in the indicated address or in any other part of the order, you must immediately notify such error to the Customer Service e-mail address that will appear on the web, in order to proceed to its correction.
5. SHIPPING: [ADAPT TO THE SPECIFIC CASE]
The delivery time is usually between Monday-friday working days, depending on the population of the destination and the chosen payment method. There is no delivery service on Saturdays, Sundays and public holidays. This term is understood as long as the availability of the products has been confirmed and the full payment of the order has been verified.
If the data provided by the User is either false, inaccurate, or incomplete, the Provider will not assume any responsibility in the event the delivery of the product or service is not completed.
The delivery will be considered completed once the carrier has made the products available to the User and the latter, or the delegate of the latter, has signed the delivery receipt.
The User is responsible of verifying the product(s) upon receipt and manifesting all the reservations and claims that may be justified in the delivery receipt.
6. PRICES AND VALIDITY PERIOD OF THE OFFERS:
All prices displayed in the www.aclamguitars.com store include the VAT in force at the time of purchase. All the prices that appear on the website, they will be expressed in Euro currency (€). Said expenses, unless expressly indicated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and attachments to the product or service purchased. For orders destined to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT, in compliance of the provisions set forth in Article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with the regulations in force in each of these territories.)
The payment made to the Provider will entail the issuance of an invoice in the name of the registered User. as well as a copy that is included in the delivery of the purchased product in printed form.
The prices that applicable to each product will be those published on the website, and they are automatically applied by the contracting process in its last phase. For the promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered and concluded during the established promotion period.
The data recorded by the different payment methods constitute a proof of the date on which the financial transactions were carried out and will serve to determine if said order is or is not subject to promotion.
7. PAYMENT METHODS:
PayPal or other platform: Once the purchase is completed, if you choose this form of payment, you will be redirected to the official PayPal website where you can make the payment. Once the payment is made correctly, your order will be formally completed and an email with the summary of your purchase will be sent to you. By pressing the "Back to the Web" button, you will return to the website where you will be able to see the order and print it. PayPal has its own privacy policies and LLEVINAC SL does not assume any responsibility for them.
8. DELIVERY OF ORDERS:
8.1 Delivery Address: The delivery of orders will be made at the delivery address freely designated by the User. In this way, the Provider does not assume any responsibility in those cases where the delivery of the product does not occur if the User has provided data that is false, inaccurate, or incomplete. The same happens in those cases where the delivery can not be completed for reasons beyond control of the shipping company assigned for that purpose, such as the absence of the recipient.
The delivery time of the order will be during regular business hours.
Notwithstanding the foregoing, the Provider has adopted the measures required of a diligent merchant so that the delivery can be made within the agreed time period, so no liability can be attributed against the Provider.
Shipments are made worldwide
8.1 Delivery time: These terms correspond to those established in the file of each product. In case the products not available at the time of purchase, our Customer Service Department can provide you with availability information and a delivery deadline.
8.2 Damage to delivery: Products are delivered in secure packaging. If at the time of delivery, the recipient detects, in a visible and clear form, without the need to maneuver the shipping package or those packaging natural to the product, that the product has defects attributed by damage caused by the carrier company, or if in the same manner, there is an error in the merchandise received, the User must detail this fact in the receipt that is provided and signaled by and of the carrier and immediately contact our Customer Service line [RF_Telephone] or email [RF_Email] . Such notifications must be executed within 24 hours after receipt, by which you will be able to be able to prompt the return of the affected product or products and proceed to their replacement by another in optimal conditions or, alternatively, to reimburse the price paid for it, as you indicate in that email.
If a proof of delivery does not have any damage report, is understood that the product has its packaging in perfect condition. Likewise, if a damage is detected in the product once the package is opened, and the packaging is in perfect condition, the client has 24 hours from reception to contact our customer Service line 934872046 or email firstname.lastname@example.org. After 24 hours of delivery, no claims will be accepted for damage to the product.
9. RIGHT OF WITHDRAWAL:
9.1 Right of withdrawal: The User has 14 calendar days to return the product, which are counted from the date of receipt thereof (Article 71 of Law 3/2014, of March 27). If you are not satisfied with the product, the User may exercise his right of withdrawal by filling in the form attached to these conditions, indicating the order number (to obtain a refund of the amount of the product/s within the maximum period of fourteen (14) calendar days following receipt of the order) together with your contact information, The expenses related to the shipment will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
You must return the product with all the elements with which it was delivered, without any damage or wear marks of any kind, nor showing an inappropriate use of the good or that is different from the nature of the same, to the address that we have provided.
As long as the products are returned within the said period of 14 calendar days, without any damage, wear and/or defects, and in compliance with the requirements established in this section, and always including the return number that we have provided, we will refund the total amount of the purchase.
Remember that in any case the product should include:
- Return number provided
- Order number
- Date of purchase and exercise of withdrawal
Information of interest (optional):
- Reasons for the return
- Information that you believe is necessary or of interest to process the return
9.2 Return of a defective product: the User must inform LLEVINAC SL of the lack of conformity with the product within two months of being aware of it. In the event that the product is defective in origin, due to a manufacturing fault, you must send an email to [RF_Email] with the order number and explaining the reasons for the return. Our Customer Service will contact you via email or phone call indicating how to proceed to resend the defective product and provide you with a return number.
The product (s) of the order must be returned to the address that we will provide, including all the elements with which it was delivered in perfect condition, without damage or marks that show an inappropriate use of the good or different to the nature of the product.
Once the defective product is received, in compliance with these requirements and verifying that the product (s) have a manufacturing fault, we will contact you to arrange the repair, replacement, price reduction, or termination of the contract. In any of the above cases, the related expenses will be borne by LLEVINAC SL.
9.3 Return of non-defective product: When the product has no defect and its return has been motivated by ignorance or misuse, LLEVINAC SL will contact you to indicate the steps to follow for the recovery of the product.
The shipping costs derived from the return of a product that does not present any defect or defect attributed to the User, shall be borne by the User and LLEVINAC will not proceed to such shipment until having received the advanced payment of the resulting shipping costs. If the verification performed by LLEVINAC SL indicates that the product subject of return is damaged due to misuse or poor protection during shipment, it may result in the cancellation of the guarantee or cause a decrease in the value of the product.
9.4 Return by mistake in the order by LLEVINAC SL: When the product does not correspond to the placed order, due to an error that is attributable to the company, the User must communicate the company about this circumstance by mail as soon as possible; LLEVINAC SL will bear the cost of collecting the product(s) sent by mistake as well as those of the delivery of the order that was originally placed.
9.5 Verification of Returns: The verification and examination of the products to be returned will be borne by LLEVINAC SL, who, once in their facilities, will verify that they are received in compliance with all the requirements established in section 9.1. Failure to comply with these requirements may result in the cancellation of the guarantee or cause a decrease in the value of the product.
In case the product is missing any of its elements, the product will be returned to your home with a note indicating the missing content.
10.1 Reimbursement of the shipping costs: If you request the refund of the return shipping costs, you must send the products by standard mail (standard letter). The shipping company or transportation method contracted are exclusively liable for such shipping. Any additional expenses derived from the contracting of fast delivery services will be borne by the Customer.
10.2 Reimbursement for returns: In case of returns, the reimbursement of the amounts paid will be made through the same means of payment used in the purchase. LLEVINAC SL will not refund the amount or make any return of merchandise until verification has been performed (for the reception, state of packaging and accessories of the product subject of the return) or for any changes in our warehouse.
10.3 Term of Reimbursement: the reimbursement will be made within a period of 15 business days from receipt and verification of the conditions of receipt of the shipment. The maximum period to make the established payment is one month.
10.4 LLEVINAC SL declines the reimbursement of the amounts if:
- the products are used or deteriorated, or their use has exceeded their nature.
- the products are missing any element.
11. APPLICABLE GUARANTEES AND AFTER-SALES SERVICES:
Guarantee: All products offered through the website are completely original, unless otherwise indicated in their description.
All products have a guarantee period of 2 years, according to the criteria and conditions described in Law 3/2014, of March 27, which approves the revised text of the General Law for the Protection of Consumers and Users, as well as other complementary laws, excluding those exceptional cases where the guarantee period may be of different duration.
In case the Law for the Guarantees on the Sale of Consumer Goods (23/2003, of July 10) establishes that the product must be sent to the manufacturer to manage said guarantee, the team of LLEVINAC SL will contact you by e-mail or telephone, to provide you with indications on how to proceed. In such cases, LLEVINAC SL is not responsible for how the manufacturer processes the guarantee of said product.
12. ONLINE DISPUTE RESOLUTION [ADAPT TO THE SPECIFIC CASE]
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, the Online Dispute Resolution Platform, which acts as an intermediary between the USER and PROVIDER. This organisation is neutral and will dialogue with both parties to reach an agreement, which may lead to suggest and / or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
12. NULL AND VOID CLAUSES:
If any clause included in these General Conditions is declared ,either totally or partially, as null or void, such nullity or voidness will only affect that sole provision or the part of it that is null or void, implying that the remaining General Conditions will subsist, having said provision, or the affected part of the same, considered as being excluded.
13. APPLICABLE LAW AND JURISDICTION:
These conditions will be governed or interpreted in accordance with Spanish legislation in those matters that are not expressly established. In reference to the products and services that are subject to these Conditions, the Provider and the User agree to submit any dispute that may arise in such matters, to the Courts pertaining to the domicile of the Provider (if it is a legal entity) or the User (if it is a natural person).
In the event that the User has its domicile outside of Spain, the Provider and the User submit to the Courts of the city of Barcelona (Spain).
NNEX: RIGHT OF WITHDRAWAL
For the attention of:
Name: LLEVINAC SL
Address: C/ Consell de cent 201, baixos, 08011 Barcelona, (Barcelona)
Data of the good / benefit to be abandoned:
Order / invoice number: ______________________________________________
Order date / invoice: ___________________________________________
Date of receipt of the product / service: ___________________________
Product / service description: __________________________________
Consumer / user data:
First name: __________________________________________
Tax Identity Code/ID: ______________________________________________
Right of withdrawal:
In accordance with article 68 of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users, as well as other complementary laws, I inform you that I am withdrawing from the contract of sale of the good /service described above, for which I would be grateful if you could contact me through the contact information provided, to notify me that this request has been completed.
Date of the request:
Signature of the consumer / user: