Terms and Conditions
PLEASE READ THESE CONDITIONS CAREFULLY
These General Conditions will expressly regulate the relationships between Elemental Music SL,Avinguda Diagonal 630, 08017 Barcelona, Spain, with NIF B65934325 (hereinafter, "Elemental Music") and third parties (hereinafter, "Users" ) who register as users and / or purchase products through the online store of the official Elemental Music website (https: //www.elemental-music.com, hereinafter the "Store").
1. USER OBLIGATIONS
1.1 The User agrees, in general, to use the Store, purchase Products and use Store's services diligently, in accordance with the law, morals, public order and the provisions of these General Conditions, and you must also refrain from using them in any way that may prevent, damage or impair the normal operation and enjoyment of the Store by Users or that could injure or cause damage to the goods and rights of Elemental Music, its suppliers, Users or in general of any third party.
2. PRODUCTS AND PRICES
2.1 Elemental Music reserves the right to decide, at any time, the Products that are offered to Users through the Store. In particular, Elemental Music may at any time add new Products to those offered or included in the Store; being understood that unless otherwise provided, such new Products will be governed by the provisions of these General Conditions. Likewise, Elemental Music reserves the right to stop providing or facilitating access and use at any time and without prior notice of any of the different classes of Products offered in the Store.
2.2 Products included in the Store, will correspond in most reliable way possible, that the web display technology allows to the Products actually offered. The characteristics of the Products and their prices appear in the Store. The prices indicated in the Store are in Euros and include VAT for EU IPs. For IP addresses outside the EU, the price does not include VAT. The shipping address will determine if the final price is with VAT (EU address) or without VAT (non-EU shipping address).
2.3 In the event of a defective product, Elemental Music must proceed, as appropriate, with the repair, replacement, price reduction or termination of the contract, procedures that will be free of charge for the consumer and user. Elemental Music is liable for any lack of conformity that appears within a period of two years from delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.
3. PROCEDURE AND FORM OF PAYMENT OF THE PRODUCTS
3.1 Within a maximum period of twenty-four (24) hours, Elemental Music will send an email to the User, confirming the purchase. Said email will assign a reference code for the purchase, and will detail the characteristics of the Product, its price, shipping costs and the details of the different options to pay for the Products to Elemental Music.
3.2 The User who purchases a product through the Store must make payment through the payment systems specifically detailed in the Store.
3.3 Elemental Music will archive the electronic documents in which the contract is formalized, sending a copy to the User once the purchase has been made.
3.4 The order confirmation sent by Elemental Music is not valid as an invoice, only as proof of purchase. Elemental Music will send the invoice corresponding to it together with the Product.
3.5 Elemental Music only accepts payments made through credit or debit card (Visa, Visa Electron, MasterCard), American Express and PayPal. Checks and bank transfers are not accepted.
4. RIGHT OF WITHDRAWAL
The client will have a maximum period of fourteen (14) calendar days from the delivery of the product to desist from the purchase of the product in accordance with the applicable legislation. Once the period of fourteen (14) calendar days has ended, Elemental Music Records S.L. will not accept returns for product purchases. This period is computable from the receipt of the order at the agreed delivery address.
Any payment received from the consumer and user will be reimbursed for the items purchased, without undue delay and, in any case, before the term of 14 calendar days from the date on which you have been informed of the decision to withdraw from the contract. However, if the consumer is the one who returns the good, the refund can be withheld depending on which condition of the following is met first:
- Until the goods are received.
- Until the consumer presents proof of return of the good as proof of the transport company.
- For the attention of Elemental Music, Avinguda Diagonal 630, 08017 Barcelona,
I hereby inform you / we communicate (*) that I withdraw from me / we withdraw from our (*) sale contract of the following good / provision of the following service (*)
- Order on / received on (*)
- Name of the consumer and user or consumers and users
- Domicile of the consumer and user or consumers and users
- Signature of the consumer and user or consumers and users (only if this form is submitted on paper)
(*) Delete as appropriate
The payment corresponding to the return of the products will be made once the merchandise received has been reviewed and it is in perfect condition.
The return transport costs will be paid by the buyer.
5. CUSTOMER SERVICE
5.1 For any incident, complaint, claim or exercise of their rights, the User may send a notification through the website or send a letter or communication to the following address: lemental Music, Avinguda Diagonal 630, 08017 Barcelona, Spain.
6. HOME DELIVERY SERVICE
6.1 Products purchased through the Store will be sent to the delivery address indicated by the User once the payment has been verified.
6.2 The Elemental Music delivery service is carried out in collaboration with different logistics operators of recognized prestige.
6.3 The cost of shipping is not included in the price of the Products. At the time of purchase of the Product, the User will be informed of the exact shipping cost.
6.4 Shipping options and rates
6.4.1 - REGULAR MAIL: Registered Mail
Spain: 4.5€ - 22€ / 2-3 Days delivery time.
European Union, Switzerland, Norway: 7.5€ - 37.5€/ 3-10 Days delivery time.
Rest of the World: 9 - 90€ - 3-10 Days delivery time.
6.4.2 - DHL-Express
Spain (Península and Balearic Islands) : 5€. - 24 Hours delivery time.
European Union: 13,50€ - 24 Hours delivery Time
Rest of the World: 24€ - 81.50€ - 48-72 Hours delivery time.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
7.1 The User acknowledges that all the elements of the Store and each of the Products, the information and materials contained therein, the brands, the structure, selection, arrangement and presentation of their contents, and the computer programs used in relationship with them, they are protected by the intellectual and industrial property rights of Elemental Music itself or of third parties, and that the General Conditions do not attribute to it with respect to said industrial and intellectual property rights any other right other than those specifically contemplated therein. .
7.2 Unless authorized by Elemental Music or, where appropriate, by third party holders of the corresponding rights, or unless this is legally permitted, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend , make available, or allow access to the public through any form of public communication of any of the elements referred to in the previous paragraph. The User must use the materials, elements and information that he accesses through the use of the Store solely for his own needs, committing himself not to carry out, directly or indirectly, a commercial exploitation of the materials, elements and information obtained through the same.
7.3 The User must refrain from circumventing or manipulating any technical devices established by Elemental Music or by third parties in the Store.
8. DATA PROTECTION
8.1 In compliance with Law 15/99 LOPD, we inform you that your personal data and other information provided through the registration form, as well as that from the transactions carried out, will be included and kept in a file for processing, owned by Elemental Music, as long as their cancellation is not requested. The treatment will be destined to the development and execution of the sale, the personalized attention of the products and services that you acquire and the improvement of said attention, as well as the promotion of own products and services and of third companies linked to Elemental Music. Likewise, you are informed that your data will be made available to the relevant companies for the indicated purposes. Elemental Music, Avinguda Diagonal 630, 08017 Barcelona, Spain, will treat these data with the utmost confidentiality, being the sole and exclusive recipient of the same, and not making assignments or communications to third parties outside of those indicated by current regulations . The user expressly authorizes Elemental Music, Avinguda Diagonal 630, 08017 Barcelona, Spain, the referral, even through electronic means, by Elemental Music, Avinguda Diagonal 630, 08017 Barcelona, Spain and the aforementioned entities, commercial communications and promotional offers and contests.
8.2 The Elemental Music customer service department is the body responsible for data processing within Elemental Music. The rights of access, rectification, cancellation and opposition recognized in Organic Law 15/1999, of December 13, on the Protection of Personal Data and in its implementing regulations, must be exercised by writing a letter and your ID by postal mail to Elemental Music indicating "Data Protection" (Elemental Music, Avinguda Diagonal 630, 08017 Barcelona, Spain).
8.3 The answers marked with * in the registration form are mandatory. Your non-response will prevent the purchase of the selected products from being made.
9.1 Elemental Music will facilitate the use of personal passwords for the user who registers as such on the website. These passwords will be used to access the services provided through the Website. The user must keep the passwords under his sole responsibility in the strictest and absolute confidentiality, assuming, therefore, any damages or consequences of any kind arising from the breach or disclosure of the secret. For security reasons, the password for telematic access to the services linked to the Website may be modified at any time by the user. The User agrees to immediately notify Elemental Music of any unauthorized use of their password, as well as access by unauthorized third parties to it.
10. COOKIES POLICY
10.2 To allow, know, block or delete the cookies installed on your computer, you can do so by configuring the browser options installed on your computer. For example, you can find information on how to do it in case you use as a browser:
Firefox from here: http://support.mozilla.org/es/products/firefox/cookies
Chrome from here: http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647
Explorer from here: http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-internet-explorer-9
Safari from here: http://support.apple.com/kb/ph5042
Opera from here: http://help.opera.com/Windows/11.50/es-ES/cookies.html
11.1 For the resolution of any interpretation or controversy related to the goods and services delivered, the courts and tribes of the city of Barcelona will be competent.