1. Acceptance of the conditions
The present general conditions of contracting (the “General Conditions”) regulate the sale by MIGUEL ÁNGEL FRAILE RODRIGO, with registered office in C/ Cosme Blasco nº 5º 4º B and N.I.F. 29086468R (hereinafter, MÚSICAS ENCANTADAS) to the Client (the “Client” or “User”) of the products offered by MÚSICAS ENCANTADAS through its online shop www.musicasencantadas.com/tienda (hereinafter, “the Web”) in accordance with the provisions of its product catalogue.
For the purposes of the provisions of these General Conditions, the products are aimed exclusively at the Client or User (understood as the natural person over eighteen (18) years or the legal entity duly represented), acting as a consumer or end user, being prohibited any professional activity of resale or distribution of the products purchased.
These General Conditions shall be applicable to each and every purchase that the User makes through the Website (www.musicasencantadas.com/tienda). The user acknowledges that he/she has the legal capacity to bind him/herself and to purchase the products, and agrees to be bound by the provisions of these General Terms and Conditions.
2. Purchase process: order and acceptance
Users (previously registered or creating a new account on the Web) may place an order through www.musicasencantadas.com/tienda. The user who orders a product through the Web declares that he/she has full capacity to contract and use any of the means of payment offered through the same.
In order to proceed with the purchase of a specific product, it will be necessary for the user to select the product he/she wishes to purchase, subsequently indicating the number of units of the product he/she wishes to purchase and adding it to his/her cart.
Once the product has been added to the shopping cart, the user will be able to update his or her shopping cart to determine the price of his or her purchase.
In the same way, the user will see an estimate of the shipping costs of their order. The estimate that will initially appear at this stage of the purchase will always be that of a shipment to Spain. However, in the next stage of the purchase process, these costs will be updated depending on the place to which the order is to be sent and the number of products (according to weight in grams).
The shipping costs are calculated according to the weight of the package of products to be shipped. Depending on the weight (in grams) the price varies as follows:
- 20gr- 50gr: 0,88 euros
- 50gr- 100gr: 1,40 euros
- 100gr- 500gr: 2,85 euros
Europa (ZONA 1):
- 20gr- 50gr: 1,95 euros
- 50gr- 100gr: 2,75 euros
- 100gr- 500gr: 6,90 euros
Resto de países (ZONA 2)-excepto zona 3-
- 20gr- 50gr: 2,25 euros
- 50gr- 100gr: 3,75 euros
- 100gr- 500gr: 10,55 euros
ZONA 3 (Australia- Canadá- EEUU- Japón- Nueva Zelanda- Rusia)
- 20gr- 50gr: 2,60 euros
- 50gr- 100gr: 4,20 euros
- 100gr- 500gr: 10,55 euros
Next, the user must click on the button “Finalize purchase” and at that moment a new phase of the process will open in which the user will be asked for the necessary information to know your identity (if the user already has an account, you can log in, and if not, you can provide an email address to move to the next phase).
Once logged in, the user must enter their personal data necessary to specify the shipment and determine the details of the invoice that MÚSICAS ENCANTADAS must make. Thus, the user must complete the shipping form by providing the following personal data: name, surname, company name (optional), country/region, postal address, postcode, town, province, telephone, email address.
At that moment, the user will have had the option of creating an account, so that in future accesses, he/she can be identified by entering his/her password without having to re-enter all the delivery data, thus simplifying the purchase process.
The creation of an account will require the user to enter a password.
The use of the password is personal and non-transferable, and it may not be transferred, even temporarily, to third parties. The user undertakes to make diligent use of the password and to keep it secret, and must change it as soon as he/she becomes aware of or suspects any improper use of it, and therefore assumes all responsibility for any consequences that may arise from the communication of said password to third parties.
The user also undertakes not to use false identities, nor to impersonate the identity of others in the use of the Website, including the use of passwords or access codes of third parties or in any other way.
The user shall also have the option of adding a special delivery note (alternative address).
Once this information has been completed, separately from the price, and before confirming the order, the total shipping costs to the address provided by the User will appear on the right-hand side of the screen. The user undertakes to provide a delivery address for the order which, within the normal delivery timetable for goods, makes delivery possible. In case of non-compliance by the user of this obligation MÚSICAS ENCANTADAS will have no responsibility for the delay or impossibility of delivery of the requested order.
The user will validate the order once the corresponding payment has been made and in accordance with the provisions of point four of these conditions. The validation of the order by the customer expressly implies knowledge and acceptance of these general conditions of contract as part of the conclusion of the contract, which must be expressly accepted by checking the appropriate box, prior to placing the order.
MÚSICAS ENCANTADAS will file a copy of the transactions made with users through an electronic document which, unless there is evidence to the contrary, will constitute proof of the effective execution of said contract.
Once the purchase has been made and validated and within a maximum period of ten (10) working days after the purchase has been made, MÚSICAS ENCANTADAS will send the proof of purchase by e-mail.
Confirmation of the order does not imply final acceptance of the order: each order is subject to product availability verification procedures. In accordance with these procedures, MÚSICAS ENCANTADAS will have a maximum period of ten (10) working days from the placing of the order to inform the Client of the final acceptance of the order. In the event that a product is not available, MÚSICAS ENCANTADAS will be able to grant the possibility to reserve them or to make a previous acquisition (informing to the user of the period of reception and estimated delivery for the same one) or to reject the order by lack of availability.
Once the sales process has been completed, MÚSICAS ENCANTADAS will provide the Client with confirmation of the purchase made and of the conditions accepted and applicable to said purchase, thus formalising the contract between the parties. This confirmation will be issued by e-mail which will include the conditions applicable to it.
3. Product catalogue: characteristics and availability.
The product supplied by MÚSICAS ENCANTADAS will correspond to the descriptions and specifications contained in the Web itself at the time of ordering. Each product will have on the Web with the price and indicative information on product availability.
The products offered on the website are valid as long as they remain visible on the website and with the stock indicated in each case.
In the event of unavailability of the product after the order has been placed, the user will be informed by e-mail of: a) the new delivery period for the product if it should be replaced due to damage or defects in the product; b) the cancellation of the product, in the event that it cannot be delivered in any case, and the user will be refunded the amounts received.
The period for the refund of said amount will depend on the payment system selected by the user and the conditions of each bank.
4. Price and payment
The price of the product will be the price in force at the time of placing the order and, where appropriate, once the discounts applicable to the user with a specific discount code have been applied. The price offered to the customer is the final price including legally applicable taxes.
The amount of the shipping costs must be paid together with the payment of the price of the selected product. The shipping costs will be determined at the time of placing the order.
In any case, the shipping cost is calculated according to the destination entered in the order form.
The unit currency on www.musicasencantadas.com/tienda, is the EURO. However, when making the final payment, the payment gateway will make the conversion.
The payment of the orders made through the Web, will be carried out by means of:
- By VISA or Mastercard
MÚSICAS ENCANTADAS informs of the security of the transaction. The data entered at any time are not displayed or stored by it.
To proceed with the payment, the user must follow each and every one of the instructions that appear on the screen, providing all the information requested to make the payment.
In the event that the payment is made by VISA or Mastercard, the payment will be charged instantly if the card is a debit card or at the end of the billing period of the card if it is a credit card. For payments made with cards issued outside Spain, the issuing bank must be a member of the Secure Electronic Commerce Security Protocol (CES) and will not accept payments with cards that do not comply with this requirement. If during the processing of the payment the user is informed of any error that does not allow the effective payment of the amount corresponding to the requested order, it will be automatically canceled and inform the customer of the cancellation through an error message on the screen.
MÚSICAS ENCANTADAS will send along with the purchased product, proof of purchase or receipt that the Customer must keep in any case to request an exchange or refund. MUSICAS ENCANTADAS may issue, at the request of the Customer, the invoice for the purchase made.
In such cases, the validity of the discounts will be linked to compliance with the conditions applicable to each type of discount, which must be specified at the time the discount is advertised.
5. Delivery of the product
The products will be sent via Correos. Orders will be received within approximately ten (10) days after the order has been placed, depending on the place of delivery (outside Spain, delivery times will exceed 10 days).
Products will not be delivered to post office boxes or public places.
In any case, it is important that you have provided your contact telephone number in case it is necessary for the company responsible for managing the shipment to reach you at any time.
The product will be delivered to the Customer as indicated, and the Customer must sign the delivery note upon receipt.
In the case of placing an order for several items with different availabilities, MÚSICAS ENCANTADAS will break down the order, sending the items available and leaving pending a second shipment, the items that were not available. In this case, the second shipment will be made at no additional cost.
It is up to the user to check the status of his order at the time of delivery and then make any claims he deems appropriate. He also has the option of refusing the package if it has been opened or if there are obvious signs of deterioration.
In the event that the customer detects any problem at the time of delivery of his order (damaged packaging, missing or damaged products), he must indicate this in writing on the carrier’s delivery note and contact our customer service centre by email within a maximum period of three (3) calendar days from receipt of the order, indicating “Return of product due to damage on delivery” followed by the number identifying the order in the subject line of the email. No return of a damaged article will be accepted, nor will any claim for a missing article, if it has not been communicated within the established period and in accordance with what has been established.
It shall be understood that the product has been delivered to the Customer’s satisfaction when the latter takes possession of it upon receipt. At the time of delivery, the Client shall examine the product, thus verifying the quantity, condition and integrity of the same to his satisfaction, and accepting it by signing the corresponding delivery note, which shall imply his express waiver to make any subsequent claim whatsoever.
In the case of purchase of digital product marked in shop as “downloadable”, MÚSICAS ENCANTADAS will take care of any technical incident that may occur in the purchase, such as difficulties in downloading, defective product … by sending an email to firstname.lastname@example.org .
Downloads are available for a period of 7 (seven) days and a total of 3 (three) downloads of the product can be made.
6. Right of withdrawal
MÚSICAS ENCANTADAS recognizes the right of withdrawal of the Customer, who may return the product within a maximum period of fourteen (14) calendar days from the date of material receipt of the product, notwithstanding the foregoing, you will not have the right to withdraw from the contract when the purchase made applies to CDs / DVD music without its original packaging.
The right of withdrawal may be exercised by sending a written communication by e-mail to email@example.com with the subject: “Return of product due to withdrawal” followed by the order identification number.
Requests that are not exercised through the indicated procedure will not be dealt with.
The refund will include the total amount of the purchase. The refund will be made through the same means of payment with which the product was purchased. MÚSICAS ENCANTADAS informs in any case, that the direct costs of return will be borne by the Customer who requests it.
The Customer will return the products subject to withdrawal without undue delay within a maximum period of fourteen (14) calendar days from the date on which it communicates to MÚSICAS ENCANTADAS its decision to withdraw. The refund of the amount corresponding to the withdrawal will be made within fourteen (14) calendar days from the date on which it has been communicated effectively and unequivocally the decision to withdraw from the contract and provided that MUSICAS ENCANTADAS has previously received the product. Otherwise, the disbursement may be withheld until receipt of the product or until the Customer proves the return of the same.
In any case, for the purposes of making use of the right of withdrawal, it is necessary that the product is returned in its original packaging along with the invoice. Before returning the product, the Customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport.
MÚSICAS ENCANTADAS will make available to the Client the model form for the exercise of the right of withdrawal.
7. Liabilities: limitations and exemptions
Except as otherwise expressly provided in these General Conditions, the liability of MÚSICAS ENCANTADAS in connection with any product shall be strictly limited to the purchase price of such product.
MÚSICAS ENCANTADAS will not be liable for any failure or delay in the performance of any of the obligations under these General Conditions, the cause of which is due to events beyond its reasonable control (“Force Majeure Cause”). Force Majeure Events shall include any act, event, default, omission or accident beyond our reasonable control including but not limited to the following:
- Strikes, lockouts or other industrial action.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations of MÚSICAS ENCANTADAS derived from Contracts will be suspended during the period in which the Cause of Force Majeure continues, and will have an extension in the term to fulfil said obligations for a period of time equal to the duration of the Cause of Force Majeure. MÚSICAS ENCANTADAS will use all reasonable means and diligence to try to fulfil its obligations despite the Force Majeure Event.
8. Data protection
In accordance with the regulations on the protection of personal data, we inform you that the data provided voluntarily by the user will be processed by MÚSICAS ENCANTADAS __, with address at C/ Cosme Blasco 5º- and N.I.F. number 29086468R-, in order to manage the purchase contract between the parties, which will include being able to identify you, carry out all the necessary steps to complete the purchase process of the selected product, manage the delivery of the product, manage possible changes or returns, carry out satisfaction surveys, etc.
The basis of legitimacy for the processing of the data of the user who makes a purchase on the Web, is the execution of the contract of sale that binds both parties. The carrying out of satisfaction surveys is based on the legitimate interest of MÚSICAS ENCANTADAS. Such data will be processed for the time necessary to manage the purchase of products or services purchased, including possible returns, complaints or claims associated with the purchase of the product or service in particular and during the periods that the related legislation may require.
Within the framework of the present contract, and for the purposes foreseen, the Client expressly authorises MÚSICAS ENCANTADAS, for the purposes foreseen above, to communicate his/her data to financial entities, fraud detection and prevention entities, technological service providers, logistics, transport and delivery service providers and collaborators, providers of services related to customer service and in general to those providers whose intervention is necessary to complete the process of purchasing and sending the product.
The client may exercise their rights of access, rectification, deletion, portability and limitation or opposition to processing by writing to the registered office of MÚSICAS ENCANTADAS or by sending an email to firstname.lastname@example.org, attaching a copy of ID card or other identification document. You may also request to withdraw the consent given and complain to the Supervisory Authority (Spanish Data Protection Agency www.aepd.es).
Each Party acts in its own name and in its own right.
Neither Party may assign its rights, interests, obligations or liabilities it acquires by accepting these Terms and Conditions or delegate such liabilities without the prior written agreement of the other Party.
These Terms and Conditions are written in English. In the event of any discrepancy between the content of the Spanish version and any version of these Terms and Conditions that may be translated, the Spanish version shall prevail.
If any wording or clause of these General Conditions is deemed invalid, illegal or unenforceable for any reason whatsoever, this shall not affect the validity of the remaining clauses.
No amendment or modification of the present General Conditions will be valid if it does not have the written acceptance of MÚSICAS ENCANTADAS.
MÚSICAS ENCANTADAS will be able to modify the General Conditions at any time. The modifications carried out will not affect in any case to the purchases that have been carried out previously. MÚSICAS ENCANTADAS will inform of the modification of the General Conditions in advance of the date of entry into force of the new text.
10. Applicable law and jurisdiction
These General Conditions are subject to Spanish legislation. The Client, as a consumer, shall not be affected by the rights recognised as such under current legislation.