General terms and conditions of sale and use of DAVID GUITARS
1. OWNER IDENTIFICATION AND GENERAL INFORMATION
These Terms and Conditions govern access to and use of the website www.david-guitars.com (hereinafter, the Website) owned by DAVID GARR, NIF 45828576H (hereinafter, “DAVID GUITARS”) and registered office at AVDA. BLAS INFANTE 16-2-2B BENALMADENA, CP 29631
Our Customer Service phone number is +34 661 02 88 87, Monday to Friday from 10.30 to 14 and from 17.30 to 20. Our email address : email@example.com.
The General Conditions of Sale and Use described below define the rights and obligations of buyer and seller. The making of any purchase implies acceptance of these conditions of use.
Through the Website, DAVID GUITARS provides information about its products and offers the possibility of its acquisition. Access to the Website will not require the registration of Users. However, in order to purchase any of the products offered by DAVID GUITARS, the User’s registration and express acceptance of these Terms and Conditions will be required before formalizing the payment.
Acceptance of this document will imply that the User: a) You have read, understand and understand the foregoing; b) Is a person with sufficient capacity to contract as set forth in the Spanish Civil Code; So what c) Assumes all obligations here.
These are the only Terms and Conditions applicable to the use of the Website (without prejudice to the existence of particular conditions for certain services) and to the contracting of orders through the Website and supersede any other conditions, unless agreed in writing between DAVID GUITARS and the User.
If you have any questions about the content of this document, you can contact us by sending an e-mail to the email address firstname.lastname@example.org or through the contact form provided by the Website.
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 will be responsible for maintaining the confidentiality of the data and information provided and for restricting access to his computer and its access keys to prevent possible unauthorized uses.
In the event that the User has reason to believe that his/her data has been made known to a third party, or if they have been used in an unauthorized manner, or are likely to be, he/she must communicate this situation to DAVID GUITARS immediately.
The User must verify that their data is correct and complete and inform DAVID GUITARS when there is any variation and / or modification in the information provided in the purchase process.
The use of the Website for fraudulent purposes, or related to criminal offences or illegal activities of any kind, is not permitted.
It is also prohibited to send, use or reuse illegal, offensive, abusive, indecent, defamatory, obscene or threatening material of any kind, or that constitutes a violation of copyright, trademark or confidentiality, privacy or any other right , or otherwise insulting or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content, chain mail, mass mailing or any other type of “spam” and, in general, any kind of unnecessary inconvenience or inconvenience.
The User undertakes to make a lawful, diligent, honest and correct use of any information or content he/she has access through the Website, and all under the principles of good faith and with respect at all times to the current legality.
Likewise, the User acquires the commitment not to cause either malicious or intentional damage that may impair, alter the Website itself and not introduce, or spread computer viruses that may cause unauthorized alterations content or systems that are members of the Website.
DAVID GUITARS reserves the right to deny access to the Website or even cancel orders to Users who misuse the contents and/or violate any of the conditions set out herein.
3. ORDERS AND CONDITIONS OF SALE
Orders can be placed through the website www.david-guitars.com or by phone call
By clicking on the “Validate and Pay” button during the process of placing an order, the buyer declares to accept fully and without reservation all these General Conditions of Sale.
In order to place an order, Users must register on the Website through the registration form, completing the registration form with the requested data. In addition, to make a purchase, the User must be over 14 years of age.
DAVID GUITARS ships orders to the Iberian Peninsula, Balearic Islands, Canary Islands, Ceuta, Melilla and abroad, anyway, to know more details about international shipments contact by phone.
DAVID GUITARS informs Users that the number of units of the products are subject to availability.
4. PRICES AND PAYMENT METHOD
All prices of the products indicated through the Website are expressed in Euros and include VAT and other taxes that may apply. Such prices, unless expressly stated otherwise, shall not include shipping, handling, wrapping, shipping insurance or any other additional services and annexes to the purchased product or service.
However, 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 the rates corresponding to the shipping costs.
Shipping costs will vary depending on the destination to which the order and the guitar need to be delivered
Each guitar is different and we must treat it independently. Usually for Spain the shipping costs are included but due to the particularities of each guitar, we recommend contacting by phone.
For international shipments we also recommend contacting
For shipments to the Canary Islands, Ceuta or Melilla the costs of ADUANA are not included (export DUA), remember that when receiving the package you will have to pay the corresponding amount to the IGIC and the imported DUA.
All shipments are managed by private transport agency.
6. DEADLINES, PLACE OF DELIVERY AND LOSSES
6.1. Product delivery
DAVID GUITARS undertakes to deliver the product in perfect condition at the address indicated by the User on the order form. In order to optimize
delivery, we thank the User for indicating an address in which the order can be delivered within normal business hours.
DAVID GUITARS will not be liable for errors caused in delivery when the delivery address entered by the User on the order form does not conform to reality, is false or has been omitted.
Without prejudice to the above DAVID GUITARS undertakes to take those measures that are at its disposal, so that the delivery of the 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 have a surcharge, for the making of such change of address and knowledge of the exact surcharge, please write to email@example.com or call the company’s phone.
The Customer is responsible for verifying the quantity of packages received, the status of the same and signing their agreement with the delivery, having examined the goods in conjunction with the Service Provider.
DAVID GUITARS will be responsible for any loss and/or damage caused to the goods during transport if the Customer stated in writing on the delivery note the existence of any damage or loss that it observes at the time of delivery. In the case of un obvious damages or losses, the claim period is 24 HOURS from delivery, without prejudice to the legal guarantee, in accordance with Article 60.1 of Law 15/2009, of November 11, of the contract for the land transport of goods: “The recipient must express in writing his reservations to the carrier or his assistants describing in general the loss or breakdown at the time of delivery. In case of breakdowns and unsus manifest losses, reservations must be made within seven calendar days of delivery. Where no reservations are made, it shall be presumed, unless proven otherwise, that the goods were delivered in the condition described in the shipping letter.”
6.2. Delivery and notification time
DAVID GUITARS will ship within 30 days. The delivery of the order will be carried out in accordance with the following guidelines:
Each delivery is considered to be made from the moment the product is made available to the User.
In the event that the User cannot be located at his/her home address, the courier will leave a notice indicating where the order is located and how to proceed with its collection
6.3. Diligence in delivery
You must check the condition of the package with the carrier that delivers the requested product, indicating on the delivery note any anomaly that could be detected on the packaging. If you notice any incident it is necessary that you let us know as soon as possible, preferably within 24 hours (the time that the transport agency gives us to claim) to firstname.lastname@example.org.
It is necessary that you send us photos of the damaged products and the box received both inside and outside it for evaluation and subsequent claim to the transport companies.
7. RETURNS AND RIGHT OF WITHDRAWAL
7.1. Returns for manufacturing defects.
All products offered through the website will be completely original, unless otherwise stated in their description.
Likewise, the seller is responsible for the lack of conformity that manifests itself within 24 HOURS of delivery and from the receipt of the product, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws that apply. Such guarantee will be provided by the seller.
During the warranty period, the User may request assistance from DAVID GUITARS, at no cost, for the management of the repair of any product that has a manufacturing defect. In case of defective product, the seller must proceed, as appropriate, to repair, replace, reduce the price or termination of the contract, procedures that will be free for the consumer and user.
To formalize the return, the User must contact DAVID GUITARS at the address of his/her email indicating the product or products that are the subject of defect, attaching a photograph and a detailed list of the defects assessed therein. Upon receipt of this communication, the DAVID GUITARS team will contact the User to indicate the addresses of the Technical Assistance Services closest to his/her home. The User must inform DAVID GUITARS of the lack of conformity within two months of becoming aware of it.
The warranty will not be valid in the following cases: (i) Products subject to wear and tear conditioned by use or other natural wear, as well as product defects attributable to a failure to observe notices of use, misuse, overload or maintenance or preservation insufficient; (ii) Product defects caused by the use of accessories, supplementary parts or spare parts that are not original parts; (iii) Products subject to change or addition; (iv) Discrete divergences of the prescribed state that are of no importance for the value and suitability of the product.
Any product intervened or handled by personnel outside of DAVID GUITARS or the referred builders will be automatically excluded from the warranty.
In the event that the User does not agree 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 24 HOURS to return it from the receipt of the product , without penalty and without the need to indicate the reasons to DAVID GUITARS.
To formalize the withdrawal, we recommend filling out the form that is accompanied by these Terms and Conditions. Upon receipt of this communication, DAVID GUITARS will contact the customer to indicate the way the product is shipped to their warehouses of the order, which must be in perfect condition and with all their original labels, packaging and components and – in their own case-, documentation and original accessories that came with it, as well as gifts along with the purchase ticket. It is necessary that you keep the original packaging if you decide to return the order and send it with it, otherwise the good will suffer a depreciation.
Before returning the product, you must ensure 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 its correct shipment.
Once the product is received DAVID GUITARS will proceed to make the refund to the consumer of the total amount of the purchase, that is, the price of the product, plus the shipping costs, although the customer must take care of the direct cost of return
order within fourteen (14) days of receipt of the order at DAVID GUITARS warehouses. The same period applies for order cancellations prior to shipment.
The consumer will have to pay the costs of sending the return of the goods when he has been previously informed of it, according to the ANNEX of the final provisions of Royal Legislative Decree 1/2007, of 16 November, in the section “Information on the exercise of the right of withdrawal, A. Model document of information to the consumer and user on withdrawal; (5) If the consumer and user has received the goods finished with the following: (b) insert: ‘You must bear the direct cost of returning the goods’.
Returns of physical purchases will be accepted in the same store where the product was purchased. Likewise, the purchase of the product made through the Website, must be returned in the same way in which they were purchased.
Wind instruments, microphones and headphones can be returned as long as they have not been unsealed by the customer after delivery (for hygiene reasons).
Custom or custom-made products in accordance with Law 3/2014 of March 27 (Article 103) amending LOCM art. 45 the right of consumer withdrawal and return will not apply in this case. If you purchase an item according to your specifications or clearly customized (e.g. left-handed guitar), once the change has been made, even if it has not been delivered, you will not be able to withdraw from the purchase contract. In this sense, no shipments will be made with the payment method against reimbursement in the case of customized products.
DAVID GUITARS makes no warranty or liable, in any case, for damages of any nature that may arise from the access or use of the contents or the Website. Among others, and by way of example and not limited to, DAVID GUITARS is not responsible for the following circumstances:
• 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 errors or delays in accessing the Website by the User when entering their data in the order form, the slowness or impossibility of the receipt by the recipients of the order confirmation or any anomaly that may arise and that is outside the good faith of DAVID GUITARS.
• Lack of usefulness of the Website or the contents for any service.
• From the content of other Internet pages to which links or links placed on the Website may be directed.
• The existence of viruses, malicious or harmful programs on the website.
• The unlawful, negligent, fraudulent use, contrary to these Terms and Conditions or good faith, the Website or its contents, by Users, including any infringement of the intellectual and/or industrial property rights of DAVID GUITARS or third parties.
• From the access of children under 14 years of age to the contents included in the Website, being the responsibility of their parents or guardians to exercise adequate control over the activity of children or minors in their care or to install one of the tools
control the use of the Internet in order to avoid sending personal data without the prior authorization of its parents or guardians.
In any case, DAVID GUITARS is committed to solving the problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution of the incident.
10. NULLITY AND EFFECTIVENESS OF CLAUSES
If any provision contained in these Terms and Conditions is declared, in whole or in part, void or ineffective, such nullity or ineffectiveness will affect only that provision or the part thereof that is null or ineffective, subsisting the rest of the clauses, having such a clause, or the part of it that was affected, by not putting.
11. APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by Spanish law. The parties submit, at their option, for the resolution of disputes and waiving any other jurisdiction, to the courts and tribunals of the user’s domicile.