General terms and conditions of sale
The company ANTONIO BERNAL GUITARRAS DE ARTESANÍA S.L. with C.I.F B91929638 with address at C/ HERNANDO DEL PULGAR 20, BJ, IZQ, SEVILLA and email account info@guitarreriaalvarezybernal.com. Any purchase of a product present in the online store of the website guitarreriaalvarezybernal.com (from now on THE VENDOR’S SITE) requires the consultation and acceptance of these terms and conditions of sale. The purchase from this website and the fact of placing any order implies that you have read and accepted these terms and conditions of sale. Acceptance has the value of digital signature.
PREAMBLE
The purpose of these general conditions is to define the rights and obligations of both parties, within the framework of the Internet sale of products offered by the seller to the consumer.
These GCS apply to the purchase of goods to be delivered in Spain (hereinafter the “Products”). The confirmation of the order by the buyer implies the unreserved acceptance of these GCS, which prevail over all previous versions or specifications emanating from the buyer, including the exchange of e-mails.
These GCS may be modified, so it is recommended that you read them before placing each order.
PRODUCT INFORMATION
Every effort has been made to ensure the accuracy of the information on guitarreriaalvarezybernal.com or its suppliers.
An exact representation of the Products on the Site and/or in the catalogs cannot be guaranteed due, in particular, to differences in color finishes on Internet browsing software and/or device screens. There may be differences between the Products delivered and those represented on the Site or in the catalogs, in particular for handcrafted Products whose homogeneity of manufacture cannot be guaranteed or Products that have undergone adaptations related to technical or technological developments.
Any orders of Products are subject to their availability, so that, if there are difficulties in terms of supply or lack of stock, ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. expressly reserves the right to inform of any other replacement product of the same quality and value. In case of rejection of the offer of replacement product, ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. will refund the amounts that had been paid.
PRICE
The prices of the Products are in Euros. Taxes related to the sale of Products, including VAT, are included. Unless otherwise indicated, the prices shown do not include shipping.
PAYMENT
The following credit cards are accepted: Visa and MasterCard.
As part of its action to fight against fraud on the Internet, ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. may be required to check the bank details and/or the identity of customers before any delivery. When placing an order on the website guitarreriaalvarezybernal.com, the customer agrees to provide ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. with the requested information. Failure to submit the information requested by ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. within the deadline, the latter reserves the right to cancel the order causing such verification.
SECURE PAYMENT
We guarantee that each of the transactions carried out in ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. is 100% secure. All operations involving the transmission of personal or banking data are carried out using a secure environment. ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. uses a server based on the standard security technology SSL (Secure Socked Layer). All the information you transmit to us travels encrypted through the network. Likewise, your credit card information is not registered in any database but goes directly to the Bank’s POS (Point of Sale Terminal). In addition, we inform you that in an effort to provide greater security to credit card owners, we have incorporated in our payment gateway the secure payment system called CES (Secure Electronic Commerce). In this way, if you are a holder of a “secured” card, you will always be able to make payments with VISA or MASTERCARD in our store. In the case that your card is not adhered to this payment system, ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. will only accept payment with VISA or MASTERCARD credit card to customers with seniority and reliability previously demonstrated. In both cases, when paying with VISA or MASTERCARD the following data will always be requested: the card number, the expiration date, and a Validation Code that matches the last 3 digits of the number printed in italics on the back of your VISA or MASTERCARD, thus offering more guarantees about the security of the transaction.
Important : Credit card fraud is a crime, and ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. will take legal action against anyone who makes a fraudulent transaction in our online store.
PAYMENT BY BANK TRANSFER
If the bank transfer is not received within three (3) days after confirmation of the order by the buyer, the order will be considered cancelled.
ORDER PLACEMENT
The Customer has the possibility to place an order by phone at 630 444 905 or through the website guitarreriaalvarezybernal.com.
Any order placed on the Site does not require the creation of a Customer account. The Customer must add the selected products in his basket. The Customer has the opportunity to verify the details of his order, the total price of his order and can make changes before the final validation of the order.
ORDER VALIDATION
ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L., from the validation of the payment and the confirmation of the order.
ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. reserves the right to refuse an order for any legitimate reason, including the existence of an unresolved dispute as a result of non-payment of a previous order.
In case of unavailability of one or more products ordered, ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. undertakes to inform the Customer by e-mail as soon as possible.
ORDER CONFIRMATION AND PROOF OF PAYMENT
ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. will send by e-mail, as soon as possible, a confirmation of the order with the substantial elements (order number, ordered products, delivery place, etc.).
The records stored in the company systems of THE VENDOR, under adequate security conditions are considered as proof of communications, orders and payments between both parties.
The storage of purchase orders and invoices, made in a reliable and durable manner can be created as proof of purchase.
The Customer accepts that the confirmation of the order is considered a proof of the contractual relationship with ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L.
PERIOD OF VALIDITY OF OFFERS AND PRICES
Special offers, promotions or discounts will be valid until the date indicated or until the end of the number of stocks indicated. As well as the prices indicated at the time of consultation of the website.
BILLING
The invoice addressed to the Customer will take the data indicated by the latter at the time of placing the order. The buyer can modify these data each time he places a new order from the website or in case he decides to open an account as a user, in his profile.
To receive an invoice you must request it by email to info@guitarreriaalvarezybernal.com.
TRANSPORTATION COSTS AND DELIVERY TIMES
The delivery costs will be specified during the order, in relation to the place of delivery, the nature of the products ordered and the nature of the service chosen by the customer.
The products are delivered to the address indicated by the buyer in the order form, and only in the geographical destinations specified in the delivery forms.
Important: Shipping costs for both the purchase and the return will always be charged to the buyer.
SHIPPING POLICY
In-store delivery: Free in-store delivery is available. Eligibility is specified during cart validation. To pick up products in store, the Customer must present an identity document equivalent to the name on the order. A third party may pick up an order, provided they have a copy of the Buyer’s identity document and a power of attorney/authorization made by the Buyer.
Delivery of products by courier in Spain: The delivery of your order will be made by MRW specialized in express delivery. A delivery person will come to your home after the goods have been dispatched. The delivery time is 3 days. From the reception of the goods you have 24 hours to complain to ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. in case of any damage. The customer must take pictures of the state of the box, the item and send us an email to info@guitarreriaalvarezybernal.com. Once analyzed and managed with the transport agency we will proceed to the return. It is important to never throw away the packaging.
Delivery of products by courier outside Spain: The delivery of your order will be made by Mail Boxes Fedex specialized in delivery. A delivery person will come to your home address after the goods have been dispatched. The delivery time is 3 to 5 days depending on the country. From the reception of the goods you have 24 hours to complain to ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. in case of any damage. The customer must take pictures of the state of the box, the item and send us an email to info@guitarreriaalvarezybernal.com. Once analyzed and managed with the transport agency we will proceed to the return. It is important to never throw away the packaging.
ORDER NOTES
Attention: The Buyer shall verify in advance the order, in particular in relation to the specifications of the Products in terms of size and volume, that the Products can be transported by the access roads to the place of delivery.
RECEPTION AND COMPLAINTS
Reservations of use: Upon receipt of the order, the Customer (or his representative) must check the physical condition of the packaging, the number and contents of the packages at the time of collection or delivery, in the presence of the person making the delivery or the store team. In order for your complaint not to be considered inadmissible, in case of anomalies, shortages, defects or other apparent defects with respect to the delivery (transport breakdown, absence of products or packages, broken product, product not in conformity with the order, etc.), detailed, explicit, justified and dated reservations must be indicated in writing on the carrier’s delivery note. The Customer (or his representative) must sign the delivery note.
The Customer (or his representative) must, at the same time, indicate these anomalies to the Customer Service Department of ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L., within a maximum period of three (3) working days from the date of delivery by e-mail to the address info@guitarreriaalvarezybernal.com or by telephone 630 444 905. Claims after the deadline will not be accepted and the Customer will not have the possibility to appeal.
As with any shipment, it is possible that the product may be delayed or lost. In such a case, the logistics company will be contacted to initiate an investigation.
For our part, we decline any responsibility for delivery times caused by the logistics company, especially in case of product loss, weather or strikes.
Product defects: In case of apparent defect or non-conformity of the delivered product with the characteristics of the ordered Product as stated in the order form, the Customer (or his representative) shall indicate these defects by sending photographs within three (3) days from the date of delivery to the Customer Service Department of ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. SL by e-mail. The Customer (or his representative) will refrain from intervening in the Product and will allow ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L. SL. all the facilities to verify the defects or anomalies indicated. Otherwise, the claim will not be admitted. Claims will not be admitted out of time and the Customer will not have the possibility to appeal. The Products are described as accurately as possible. The Customer (or his representative) shall not be entitled to claim any compensation or damages for this reason.
Likewise, the buyer must be able to provide any proof required regarding the reality of the claims made and offer ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L., its carriers or any person delegated by them, the necessary facilities to proceed with their verification; the buyer must refrain from intervening or having a third party intervene for this purpose.
Accepted claims will result in an exchange of the defective or non-conforming Product, or its refund in case of unavailability of the Product in the warehouse or with the suppliers. The returned Product must be delivered to the carriers in perfect condition, in its original packaging and complete with all its accessories. No spontaneous return will be accepted without the agreement of ANTONIO BERNAL GUITARRAS DE ARTESANIA S.L..
DELIVERY PROBLEM ON THE PART OF THE LOGISTICS COMPANY
The consumer must send to the SELLER, on the same day of delivery or, as a final deadline, on the first working day after delivery, any type of complaint due to a delivery error and/or non-conformity of the goods in kind or in quality, with respect to the information provided in the order form.
At the end of this period, any claim shall be rejected. The submission of this complaint to the VENDOR may be addressed to the VENDOR’S ADDRESS.
Any claim made in accordance with the above-mentioned rules outside the above-mentioned deadlines shall not be considered and THE VENDOR shall not be liable with respect to consumers.
In case of delivery error or an exchange, any product for exchange or refund must be returned to the SELLER with all the elements of the order and in its original packaging, in perfect condition, to the SELLER’S ADDRESS.
Shipping costs shall be borne by the SELLER, unless it is proven that the product does not correspond to the original declaration made by the consumer, so that the exchange can be carried out correctly.
PRODUCT WARRANTY
The provisions of the present conditions cannot deprive the consumer of the legal guarantees that require the seller to guarantee any type of defect in the product sold.
The consumer is explicitly informed that the SELLER is not the manufacturer of the products presented in the store and that the SELLER is not responsible for defective products.
The warranty period is one year (1 year). Excluded from this warranty are all products repaired or modified by the customer or by any company other than the suppliers selected by the SELLER.
RETURN POLICY
A refund will only be made in the event of a manufacturing defect. In case of change of configuration or customization of the product will proceed to make such change (with shipping costs borne by the buyer) but the purchase price will not be refunded.
Returns shall be made to the VENDOR’S ADDRESS – The right of return cannot be exercised for: – Items returned incomplete, deteriorated, damaged or soiled, or the return price decreased. Once the package is received by our services, the refund will be made.
FORCE MAJEURE CAUSES
Neither Party shall be liable for total or partial non-performance or delay in the performance of its obligations under this contract caused by external causes beyond its control (Force Majeure).
Force Majeure Causes are considered to include, without limitation: war, riots, insurrection, severe disruptions in Internet security, technical failures, unauthorized access and/or intrusions in the Website servers, strikes of any kind and telephone or computer failures.
If either Party makes mention of a Force Majeure Event, it shall notify the other Party within ten business days of the occurrence or imminent occurrence of such Force Majeure Event.
The Parties agree to communicate with each other in a timely manner to jointly determine the terms and conditions for filling an order, should a Force Majeure Event occur.
After one (1) month of interruption due to a Force Majeure Event, SELLER may decide to cancel the order(s), in which case it will reimburse Buyer, if applicable.
DIVISIBILITY
If one or more provisions of these General Terms and Conditions of Sale is held or declared invalid according to law, regulation or following an unappealable judgment issued by a Court with jurisdiction, the remaining provisions shall retain their full scope and force.
NON-WAIVER
If a party does not indicate that it is unable to fulfill one(s) of the obligation(s) listed in these general conditions, it is obliged to fulfill such obligation(s).
APPLICABLE LAW
The present conditions shall be governed by Spanish law, which shall be applicable in all matters not provided for in this contract in terms of interpretation, validity and execution.
In case of dispute or claim, the consumer will address primarily to the SELLER to find an amicable solution.
In particular, Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws and Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE) shall apply to the general terms and conditions of sale.
The Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data also apply.
CONFIDENTIALITY AND DATA PROTECTION
In compliance with the provisions of the European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016; and the Organic Law 3/2018 of 5 December on the Protection of Personal Data, the personal data provided by the Buyer will form part of the Seller’s customer file, whose purposes are the maintenance of the contractual relationship, the control and management of sales and their corresponding collections. The Seller will treat such data with the utmost confidentiality, and undertakes not to use them for a purpose other than that for which they have been collected, as well as to keep them with the appropriate measures to ensure their security and prevent their alteration, loss, treatment or unauthorized access.
The Seller undertakes to keep such personal data confidential, even after termination of the contractual relationship.
The Buyer authorizes the Seller to keep his data for a period of five years after the contractual performance.
The Buyer has the possibility to exercise the rights of access, rectification, cancellation and opposition by sending a written communication to the attention of the SELLER or through the website.
LITIGATION RULES
Any order placed through the SELLER’s online store is with the customer’s agreement, without limitation, to the conditions of sale of the SELLER.
The present online sales conditions are subject to Spanish law.
In case of litigation, jurisdiction is assigned to the competent courts of the SELLER’s headquarters despite plurality of defendants or call in guarantee.
