General conditions of sale and use of GUITARRA DE GRANADA.

IDENTIFICATION OF THE OWNER AND GENERAL INFORMATION

The present Terms and Conditions regulate the access and use of the Web site http://www.guitarradegranada.com (hereinafter, the Web Site) owned by Sara Serrano Suárez and registered office at Calle Ánimas 2 18009 (Granada).

Our Customer Service phone number is +34 626 526 082, Monday to Friday from 10:00 to 14:00 and from 17:00 to 20:00. Our email address: bitar@guitarreriabitar.com

The General Conditions of Sale and Use described below define the rights and obligations of buyer and seller. The realization of any purchase implies the acceptance of these conditions of use.

Through the Web Site, we provide information about its products and offer the possibility of their acquisition. Users are not required to register in order to access the Website. However, in order to purchase any of the products offered, the registration of the User and the express acceptance of these Terms and Conditions will be required before formalizing the payment.

The acceptance of this document implies that the User:

a) Has read, understands and understands what is set forth herein; b) Is a person with sufficient capacity to contract as established in the Spanish Civil Code; and that c) Assumes all the obligations set forth herein.

These are the only Terms and Conditions applicable to the use of the Web Site (without prejudice that for certain services there could be particular conditions) and to the contracting of orders through the Web Site and replace any other conditions, unless previously agreed in writing between GUITARRA DE GRANADA and the User.

If you have any questions about the contents of this document, you can contact us by sending an e-mail to the e-mail address bitar@guitarreriabitar.com or by using the contact form provided on the Web Site.

2. USER DATA AND CONDUCT ON THE WEBSITE

In order to purchase the products offered through the Website, Users must register through the registration form available on the Website.

The User shall be responsible for maintaining the confidentiality of the data and information provided and for restricting access to his/her computer and passwords to avoid possible unauthorized use.

In the event that the User has reason to believe that his/her data has been made known to a third party, or if it has been used in an unauthorized manner, or is likely to be used in an unauthorized manner, he/she must immediately notify GUITARRA DE GRANADA of this situation.

The User must verify that their data are correct and complete and inform GUITARRA DE GRANADA when there is any variation and/or modification in the information provided in the purchase process.

Use of the Web Site for fraudulent purposes, or in connection with criminal offenses or unlawful activities of any kind is not permitted.

It is also prohibited to send, use or reuse any unlawful, offensive, abusive, indecent, defamatory, obscene or threatening material of any kind, or that violates copyright, trademark or confidentiality, privacy or any other right, or is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content, chain letters, mass mailings or any other type of «spam» and, in general, any type of unnecessary annoyance or inconvenience.

The User undertakes to make a lawful, diligent, honest and correct use of any information or content accessed through the Web Site, and all this under the principles of good faith and with respect at all times to the law in force.

Likewise, the User undertakes not to maliciously or intentionally cause damage or harm that may undermine or alter the Website itself or introduce or disseminate computer viruses that may cause unauthorized alterations to the contents or systems comprising the Website.

GUITARRA DE GRANADA reserves the right to deny access to the Web Site or even cancel orders to Users who misuse the contents and / or violate any of the conditions that appear in this document.

3. ORDERS AND CONDITIONS OF SALE

Orders can be placed through the Web Site or by telephone.

By clicking on the «Validate and pay» button during the process of placing an order, the purchaser declares that he fully and unreservedly accepts all of these General Terms and Conditions of Sale.

In order to place an order on the Website, Users must register through the registration form, completing the registration form with the requested data. Likewise, in order to make a purchase, the User must be over 14 years of age.

GUITARRA DE GRANADA ships worldwide, however, for more details about international shipments please contact bitar@guitarreriabitar.com.

GUITARRA DE GRANADA informs Users that the number of units of the products are subject to availability.

4. PRICES AND FORM OF PAYMENT

All prices of the products indicated through the Web Site are expressed in Euros and include VAT and other taxes that may apply. These prices, unless expressly stated otherwise, do not include the cost of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.

However, the shipping costs will be detailed before placing the order and must be accepted by the User before formalizing the purchase.

Therefore, at the time of payment of the order, the total price of the order will be detailed, including shipping costs.

Shipping costs will vary according to destination.

For international shipments we recommend contacting GUITARRA DE GRANADA.

For shipments to the Canary Islands, Ceuta or Melilla, CUSTOMS charges are not included (export DUA), remember that when you receive the package you will have to pay the amount corresponding to the IGIC and the import DUA.

All shipments are handled by private transport agency.

5. DEADLINES, PLACE OF DELIVERY AND LOSSES

5.1. Product delivery

GUITARRA DE GRANADA undertakes to deliver the product in perfect condition at the address that the user indicates in the order form. In order to optimize the delivery, we thank the user to indicate an address where the order can be delivered within normal working hours.

GUITARRA DE GRANADA will not be responsible for errors caused in the delivery when the delivery address entered by the User in the order form does not conform to reality, is false or has been omitted.

Notwithstanding the foregoing, GUITARRA DE GRANADA undertakes to adopt those measures that are within its power, so that the delivery of orders can be made in the agreed time, and if not, as soon as possible, to the satisfaction of the recipient.

Changes of delivery address are subject to a surcharge, for the realization of such change of address and knowledge of the exact surcharge, please write to bitar@guitarreriabitar.com or call 626 526 082.

The Customer is responsible for verifying the number of packages received, the condition of the same and signing his agreement with the delivery, having examined the goods together with the Service Provider.

GUITARRA DE GRANADA will be responsible for any loss and/or damage caused to the goods during transport if the Customer manifested in writing on the delivery note the existence of any damage or loss observed at the time of delivery. In the case of non-manifest damage or loss, the claim period is 7 days from delivery, without prejudice to the legal guarantee, according to Article 60.1 of Law 15/2009, of November 11, on the contract of land transport of goods: «The consignee must express its reservations in writing to the carrier or its assistants describing in general terms the loss or damage at the time of delivery. In the case of damage and loss not declared, the reservations must be made within seven calendar days of delivery.

When no reservations are made, it shall be presumed, in the absence of proof to the contrary, that the goods were delivered in the condition described in the bill of lading.»

5.2. Delivery and notification period

GUITARRA DE GRANADA will ship immediately on items available in stock. Items not available in stock, please check availability. The articles published on the Web Site will have the stock information. The delivery of the order will be carried out according to the following guidelines:

Each delivery is deemed to have been made from the moment the product is made available to the User.

In the event that the User cannot be located at home, the courier company will leave a notice indicating where the order is located and how to proceed to pick it up.

5.3. Diligence in delivery

You should check the good condition of the package with the carrier that delivers the requested product, indicating on the delivery note any anomaly that may be detected in the packaging. If you perceive any incident it is necessary that you let us know as soon as possible, preferably within 24 hours (the time given to us by the transport agency to claim) to bitar@guitarreriabitar.com or by calling 626 526 082.

It is necessary that you send us photos of the damaged products and of the box received, both inside and outside of it, for evaluation and later claim to the transport companies. Send them to bitar@guitarreriabitar.com

6. RETURNS AND RIGHT OF WITHDRAWAL

6.1. Returns due to manufacturing defects.

All products offered through the website will be completely original, unless otherwise stated in their description.

6.2 Warranty

Likewise, the seller is liable for any lack of conformity that may appear within a period of 2 years corresponding to the warranty from the reception of the product, in accordance with the criteria and conditions described in the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws that may be applicable. This guarantee will be provided by the seller.

During the warranty period, the User may request assistance to GUITARRA DE GRANADA, free of charge, for the management of the repair of any product that has a manufacturing defect. In case of defective product, the seller shall proceed, as appropriate, to repair, replacement, price reduction or termination of the contract, steps that will be free for the consumer and user.

To formalize the return, the User must contact GUITARRA DE GRANADA at the address bitar@guitarreriabitar.com indicating the product or products subject to defect, attaching a photograph and a detailed list of the defects found in them. Received the above mentioned communication, the team of GUITARRA DE GRANADA will contact the User to indicate him the addresses of the Technical Assistance Services nearest to his domicile. The User will have to inform GUITARRA DE GRANADA of the lack of conformity in the term of two months since he had knowledge of it.

The warranty will not be valid in the following cases:

(1) Products subject to wear and tear due to use or other natural wear and tear, as well as product defects attributable to non-observance of usage warnings, improper use, overloading or insufficient maintenance or upkeep; (2) Product defects caused by the use of accessories, supplementary parts or spare parts that are not original parts; (3) Products subject to changes or additions; (4) Discrete deviations from the prescribed condition that are irrelevant to the value and suitability of the product.

Any product intervened or manipulated by personnel not related to GUITARRA DE GRANADA or to the above mentioned manufacturers will be automatically excluded from the warranty.

6.3. Withdrawal.

In the event that the User is not satisfied with the products received in his order, the User, in accordance with the General Law for the defense of Consumers and Users, will have a period of thirty (30) calendar days to return it from the receipt of the product, without penalty and without the need to indicate the reasons to GUITARRA DE GRANADA.

To formalize the withdrawal, we recommend you fill out the form that accompanies these Terms and Conditions. Upon receipt of such communication, GUITARRA DE GRANADA will contact the customer to indicate how to send the product to its warehouses, which must be in perfect condition and with all its labels, packaging and original components and, where appropriate, documentation and original accessories that came with it, as well as gifts along with the purchase receipt. It is necessary that you keep the original packaging if you decide to return the order and send it back with it, otherwise, the good will suffer a depreciation.

Before returning the product, you must make sure that it is properly protected and sealed so that it does not suffer any damage during transport. The carrier may refuse to collect the product if the transport packaging is insufficient to ensure proper shipment.

Upon receipt of the product GUITARRA DE GRANADA will proceed to make the refund to the consumer of the total amount of the purchase, ie the price of the product, although the customer must bear the direct cost of returning the order within 14 days of receipt of the order in the warehouses of GUITARRA DE GRANADA. The same period applies to cancellations of orders before shipment.

The consumer will have to pay the shipping costs of returning the goods when it has been previously informed of this, according to the ANNEX to the final provisions of Royal Legislative Decree 1/2007 of 16 November, in the section on «Information on the exercise of the right of withdrawal, A. Model information document to the consumer and user on the withdrawal; (5) If the consumer and user has received goods subject of the contract insert the following text: (b) insert: «You must bear the direct cost of returning the goods».

Returns of physical purchases will be accepted at the same store where the product was purchased. Likewise, the purchase of the product made through the Web Site, must be returned in the same way in which they had been purchased.

Microphone instruments and headphones may be returned as long as they have not been unsealed by the customer after delivery (for hygienic reasons).

Personalized or custom-made products according to Law 3/2014, of 27 March (article 103) amending the LOCM art. 45 the Right of Withdrawal and Return of the Consumer will not be applicable in this case. If you purchase an item according to your specifications or clearly personalized (example, guitar adapted for left-handed people), once the exchange has been made, even if it has not been delivered, you will not be able to withdraw from the purchase contract. In this regard, no cash on delivery will be made in the case of customized products.

7. RESPONSIBILITY

GUITARRA DE GRANADA does not grant any guarantee nor is responsible, in any case, of the damages of any nature that could derive from the access or use of the contents or the Web Site. Among others, and by way of example and not limited to, GUITARRA DE GRANADA is not responsible for the following circumstances:

– For the lack of availability, maintenance and effective operation of the Website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website, such as, for example, errors or delays in accessing the Website by the User when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise and that is beyond the good faith of GUITARRA DE GRANADA.

– The lack of usefulness of the Web Site or the contents for any service.

– Of the content of other Internet pages to which links or links placed on the Web Site may be directed.

– The existence of viruses, malicious or harmful programs on the Web site.

– The illicit, negligent, fraudulent use, contrary to these Terms and Conditions or good faith, of the Web Site or its contents, by the Users, including any infringement of the intellectual and/or industrial property rights of GUITARRA DE GRANADA or third parties.

– Access by minors under 14 years of age to the contents included in the Web Site, being the responsibility of their parents or guardians to exercise adequate control over the activity of children or minors in their care or install any of the tools to control the use of the Internet in order to avoid sending personal data without the prior authorization of their parents or guardians.

In any case, GUITARRA DE GRANADA undertakes to solve the problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution to the incident.

8. MODIFICATIONS

The information appearing on this Web Site is current as of the date of its last update. GUITARRA DE GRANADA reserves the right to update, modify or delete the information on this Web Site, as well as these Terms and Conditions, the privacy policy or any other information. The entry into force of the modifications of the terms and conditions will take place from the moment of their publication on this Web Site.

9. CODE OF CONDUCT

GUITARRA DE GRANADA guarantees users that the Web Site complies with current legislation and is subject to all the obligations set forth in that code.

By virtue of this adherence to the referred code of conduct, GUITARRA DE GRANADA informs Users that it complies with the provisions of Royal Decree 110/2015, of February 20, on waste electrical and electronic equipment, which aims to prevent and reduce the adverse impacts caused by the generation and management of waste electrical and electronic equipment on human health and the environment.

10. NULLITY AND EFFECTIVENESS OF THE CLAUSES

If any clause included in these Terms and Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the rest of the clauses shall remain in force, and such clause, or the part thereof that is affected, shall be deemed not to have been included.

11. APPLICABLE LAW AND JURISDICTION

These General Conditions are governed by Spanish law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s domicile.

HOW TO USE THE WITHDRAWAL FORM?

In the event that the User is not satisfied with the products received in his order, the User, in accordance with the General Law for the defense of Consumers and Users, will have a period of thirty (30) calendar days to return it from the receipt of the product, without penalty and without the need to indicate the reasons to Surmusica SL.

If you send us the product after the deadline, our Returns Service reserves the right to refuse the package.

Below, we will tell you how to exercise your right of withdrawal:

Indicate your intention to return the product

Sample withdrawal form

[only complete and send this form if you wish to withdraw from the contract].

To the attention of GUITARRA DE GRANADA

Tel: +626 526 082

E-mail: bitar@guitarreriabitar.com

I hereby inform you that I withdraw from my contract of sale of the following property:

Date order received:

Buyer’s name:

Buyer’s address:

Invoice number:

Date:

12. ALTERNATIVE DISPUTE RESOLUTION

In compliance with the provisions of Law 7/2017 of November 2, 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 are as follows:

• Corporate Name: Sara serrano Suárez
• Address: Avenida Doña Juana 155 18198 Huetor Vega (Granada)
• Telephone number: 626 526 082

2. – The e-mail address where you can file your complaints and claims or request information about the goods or services offered on this website is: bitar@guitarreriabitar.com

3. – The company is obliged to answer and resolve your complaints or claims within thirty days of their submission to the aforementioned e-mail address.

4. – In the event that this company does not resolve the complaint to your satisfaction, you may turn to an alternative resolution entity notified to the European Commission.

5. – The European Union 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 turn to, has the following address:

https://ec.europa.eu/consumers/odr/main/?consumer-question1=Y&consumer-question2=Y&consumer-question3=Y&complaintType=3&event=main.complaints.newCondiciones of use and sales.