General Conditions of contracting and using the portal
I.- PURPOSE AND SCOPE OF APPLICATION
The purpose of these stipulations is to regulate the use of electronic sales services for the different goods and services offered by Jorge Castellano Sánchez, a commercial company that operates on the Internet from its website (www.alma-audio.com) selling to its customers. technological products, electronics, electronic components, multimedia systems, audio / video players, image and sound recording devices, etc. The clauses that are listed below make up the framework contract that all users who access the page www.alma-audio.com are obliged to know and accept.
For the sole purpose of these general conditions, the term "user" includes any Internet user who accesses the website www.alma-audio.com, either directly, or from any other Internet site. The services offered by Jorge Castellano Sánchez in this website will be regulated by the conditions contained in this contract. Jorge Castellano Sánchez reserves the right to modify, in whole or in part, these general conditions, being applicable the new ones agreed upon from the moment of its publication on the page. In any case, the mentioned modifications will not have retroactive effects on the goods or services already previously contracted by the users. These General Conditions are binding on both parties and form an integral and inseparable part of the contract of sale whose efficiency operates at the time of the subscription of the order at the request of the client, through the contracting mechanisms that will be specified later, all in accordance with what is provided in art. 1.255 of the Civil Code that includes the principle of the autonomy of the will and agreements between the contracting parties. For all purposes it will be understood that the user accepts the conditions and rules of use here related if the user makes an order through the web www.alma-audio.com or www.alma-audio.es.
In order to fully guarantee the rights of consumers and users of Consuelo Vega Rodríguez, these General Conditions are established in accordance with the provisions of Spanish law, and in particular in Royal Legislative Decree 1/2007, of November 16, by which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, Law 7/98 of April 13, General Conditions of Contracting, Law 7/96 of January 15 of Ordination of the Retail Trade, Civil Code, Directive 1999/44 / CE, of May 25, Directive 2000/31 CE of the European Parliament and of the Council of June 8, Law 34/2002 of July 11 of services of the information society and electronic commerce, Royal Decree 1906/1999, of December 17 and other applicable laws and their implementing regulations.
II.-IDENTIFICATION AND SOCIAL REASON OF THE OFFERING COMPANY
Jorge Castellano Sánchez, with registered office at C / Huertas Nº 11 1-C 28220-Majadahonda provided with NIF 28714652A, provides electronic sales services through the Internet on its website http://www.alma-audio.com Your address contact is the e-mail firstname.lastname@example.org. The commercial address is c / Huertas nº 11 1ºC, 28220-Majadahonda. Madrid For the purposes of claims correspond to the one indicated as the business address of the company.
These General Conditions regulate the contracting of products and services offered by Jorge Castellano Sánchez and the advertising addressed to its customers / users, all through its web page, as well as the rights and obligations of the parties derived from the sales transactions concerted among them.
IV.-LEGAL CONDITIONS FOR THE PROVISION OF THE SERVICE AND RESPONSIBILITY CLARITY AND TRANSPARENCY IN INFORMATION
Jorge Castellano Sánchez, in compliance with the provisions of art. 10 of Law 34/2002 of July 11, through its website and these General Conditions, allows access by electronic means permanently, easily, directly and free of charge to the comprehensive information of its name (data fiscal, registration, address and communications address), as well as customer data, exclusive access to the same, which are held by the company.
V.- CONDITIONS OF USER / CUSTOMER ACCESS
The user of the website of Jorge Castellano Sánchez shall have the right to free and open access to the public information contained in it, although Jorge Castellano Sánchez reserves the right to restrict access to information, promotions and special offers to its registered customers. . Any user accessing the web page of Jorge Castellano Sánchez has the right to register as a customer, thus being able to benefit from special offers for the group of registered customers if it complies with the specific conditions of the offer specified for each product. The public information contained in the website of Jorge Castellano Sánchez referring both to the company Jorge Castellano Sánchez and to the brands, products, logos, ... of the wholesale companies and manufacturers of the products and services offered are protected by the legal provisions on intellectual and industrial property, so the copying, transmission, transfer, transfer or use by the client outside the advertising purpose of its virtual publication is not authorized without the express consent of Consuelo Vega Rodríguez of the product or product manufacturer. holder of trademarks and logos, in the terms provided in section XI on Industrial and Intellectual Property Rights.
The client / user prior to the formalization of the purchase of any of the products offered by Jorge Castellano Sánchez. You must register your data and personal circumstances necessary for the formalization of the purchase agreement (name and surname or company name, DNI / NIF, address, email address, telephone number / fax). In order to place orders on the website, each client will provide Jorge Castellano Sánchez voluntarily and under his responsibility his personal data. All personal data provided by customers in a fraudulent or false manner may be considered a crime of falsification of commercial documents. Jorge Castellano Sánchez will be able to offer the client a personal registration system through a personalized access code (login) and a password (password) to facilitate future purchase operations for the client. In this case, the client may designate at his / her discretion the desired password and password, as long as these are available or not assigned to other clients. Through an automatic process, Jorge Castellano Sánchez, if the client wishes, will generate the password and password for the client. The client is committed to ensure the confidentiality of their own password and password. Jorge Castellano Sánchez is exempt from any liability arising from the incorrect use or negligence on the part of the client in fulfilling his obligation of confidentiality of his access codes.
VI.- PROCESS OF OFFER AND ACCEPTANCE. CONDITIONS OF PURCHASE AND DELIVERY OF THE PRODUCT
Pricing Policy Jorge Castellano Sánchez reserves the right at any time and unilaterally to modify the price of the products and services offered through its website. To guarantee the customer the certainty and security of the price of their products, this will be the current one in the advertising coinciding with the moment of formalizing the order. In the electronic purchase process, the following steps will be followed according to the options menu included in the web page of Jorge Castellano Sánchez.
Information about the product offered to the customer: technical characteristics, description, warranty period, manufacturer's mark, orientation photograph (if applicable).
Information on the price of the product: information on the final price or sale price to the public of the product to be acquired, containing in it the final cost for the customer and including VAT, shipping and insurance costs of goods and handling derived from transport. The final cost, therefore, will be communicated to the customer in the electronic purchase process before the latter formalizes his acceptance by choosing the "place the order" option. The possible discounts or promotional gifts will be freely directed by Jorge Castellano Sánchez to the collectives designated at any time by Jorge Castellano Sánchez or depending on the product offered, according to the advertising existing at any time on its website.
Place the order: at the time of formalizing the order, once the option to place an order is used, the client's consent is understood to be valid and effective for the purchase contract that binds the parties. Jorge Castellano Sánchez will electronically collect the order. The commitment acquired by Jorge Castellano Sánchez for the sale and delivery of the offered goods is subject to the stock of the advertised product and the availability thereof until the end of stock, so Jorge Castellano Sánchez, in his commitment to quality and customer service, tries at all times that the advertised products are available. However, if there are exceptional circumstances of interactive multi-order or those that cause the end of stocks of the product, the order and the contract signed between the parties shall be rendered null and void by virtue of this clause resolutory, restoring the customer in full prepaid the amounts paid for the same, without any compensation for any breach of contract, consequential damages or loss of profit.
Forms of payment by the client: the following payment systems are established:
1º.-Prepayment: by deposit in cash or bank transfer of the full amount in favor of the bank account owned by Jorge Castellano Sánchez. that will be communicated to you by email; in both modalities of prepayment with express mention of the order number to which the payment refers.
2º.- Paypal: this form of payment entails an increase of 4% on the total of the purchase. The customer must make the payment in the indicated account and will be responsible for the veracity of all the data entered and responsible for any fraud that may arise from their actions.
Invoice: Jorge Castellano Sánchez will issue an invoice in PDF format that will be sent to the email designated by the client. Consuelo Vega Rodríguez. he warns that he will not be able to subsequently modify the sales invoices in compliance with current regulations. (Royal Decree 1496/2003 on Billing regulations, modified by Royal Decree 87/2005). The invoice will be issued in the name of the individual or company that places the order, so the customer must ensure that the order is placed in the correct name. No subsequent changes will be possible.
Deadline for delivery of the product purchased: an approximate period of three days is established for the effective delivery of the product from the moment in which it was found that the payment had been effective in case of advance payment. For this calculation, Friday, weekends and holidays are not included. In case of payment through Paypal, the shipment will be made within a maximum period of 24 hours, taking into account the previous point.
In case any of the requested products is not in stock, this period will be suspended and we will contact you to solve the problem. For the case of delay in delivery exceeding 20 days over the approximate period of receipt of the product set to formalize the order, and provided that this delay is attributable to Consuelo Vega Rodríguez., The client, prior written complaint (letter, fax or e-mail), may unilaterally withdraw the order, returning the amounts paid in case of prepayment.
Place and form of delivery: The order will be delivered at the address designated at the time of contracting by the customer. The subsequent modification of the place of delivery requested by the customer may generate additional costs on the sale price that will be at the expense of the buyer. The merchandise will be delivered to the customer by a transport company, together with the delivery note in which the data will be recorded to identify the customer, the order, the refund amount (only for orders in the form of cash on delivery) and the number of packages that make up the shipment. The case of verifying the customer at the time of delivery errors in the received goods or that it is visibly damaged, must record these circumstances on the delivery note of the carrier and bring these facts to Jorge Castellano Sánchez within 24 hours in writing (e-mail to email@example.com). Or the commercial address of the company (c / Huertas nº11 1ºC, 28220-Majadahonda). Claims after 24 hours after delivery can not be accepted. The merchandise that has not been delivered within seven working days from the date it leaves Consuelo Vega Rodriguez's facilities for reasons not attributable to the seller will be returned to it, returning the amounts paid in case of orders in the modality prepaid, discounting the same costs of shipping and return to our facilities.
Jorge Castellano Sánchez will serve his products offered on the website only to the Peninsula and the Balearic Islands. Orders outside these areas will have to be taken care of in a special way. Please contact firstname.lastname@example.org if you are in the Canary Islands, the Balearic Islands or a different country in Spain.
VII.- PRODUCT WARRANTY
The guarantee of the products sold by Jorge Castellano Sánchez is provided and established by virtue of the consumption regulations, the legal framework that aims to provide the consumer with different options to demand sanitation when the acquired good is not in accordance with the contract, giving it the option to demand the repair or replacement of the good, unless it is impossible or disproportionate. When the repair or replacement is not possible or is disproportionate, the consumer may demand the price reduction or termination of the contract. In case of lack of conformity of the product, a period of two years from the moment of delivery is recognized for the buyer to be able to make his rights effective, however, only in the 6 months following the delivery will be presumed that the lack of conformity already existed at the time of delivery, corresponding to the buyer to prove, in the remaining 18 months (that is, from the seventh to the end of the two years) that the good was non-conforming.
Commercial guarantee: manufacturers can offer additional guarantees, whose length and duration differ according to the products and brands. Said guarantees shall be exclusively chargeable to the manufacturer who binds them. The seller is obliged to deliver to the consumer a good that is in accordance with the contract of sale under the terms that the law itself establishes considering these goods as "tangible personal property intended for private consumption" -. Likewise, "The seller will respond to the consumer of any lack of conformity that exists at the time of the delivery of the good.The consumer is recognized the right to repair the good, its replacement, the price reduction and the resolution of the contract." In any case, the serial number of the product to be repaired must correspond with the files owned by Jorge Castellano Sánchez.
Jorge Castellano Sánchez will not be responsible for any damages that may result from misuse, manipulation or non-professional installation, or malfunctioning as a short circuit. The guarantee will not be valid in case of factors external to the normal use of the product, such as power surges or drops, use of inappropriate accessories or prohibited by the manufacturers, falls, water, fire or incorrect or abusive handling by the customer or by third parties not authorized by the manufacturers.
The calculation of the guarantee will start on the date indicated on the product invoice. To regulate the aspects of the commercial guarantee -, the regime contained in Law 7/1996, of January 15, on the Regulation of Retail Trade will be applicable. In the case of product repairs, we recommend that the customer go exclusively to the official technical services (recognized and licensed by the manufacturers). For more information, consult our General Conditions. Without prejudice to the sanitation regime described above and even in case of full compliance of the property, the client may withdraw his order and return it within a period of seven working days.
VIII.- CUSTOMER RIGHTS
Confidentiality and security of the client's personal data in accordance with the provisions of current Spanish legislation on data protection.
No dissemination, transmission or publication of customer data without their express consent.
Do not receive promotional or advertising emails if you have rejected them.
Consult, modify and delete the personal data of the client in the database of Jorge Castellano Sánchez at the request of the client, all in accordance with the provisions of the section on Protection of Personal Data.
Access free of charge the open sections of the website of Jorge Castellano Sánchez
Know at all times the status of processing the order made.
Withdrawal / unilateral revocation of the requested order: In accordance with the provisions of art. 44 of Law 7/1996, of January 15, on Retail Trade and Article 4 of RD 1906/1999, of December 17, the customer (consumers or users are considered only the natural or legal persons who acquire, use or enjoy the product as final recipients) will have the right to revocation of the requested request and termination of the contract within seven business days of receiving the same, prior communication to Jorge Castellano Sánchez within that period to establish the channels of timely return (return number, and form and delivery address of the return shipment), with return of the price only of the product that would have paid for it without incurring a penalty or any expense. In case of exercising this right of resolution, the customer will be responsible for the return and damage to the product or merchandise. Due to their special characteristics, returns of electronic components will not be accepted unless they were defective, in which case they would be replaced. Jorge Castellano Sánchez will only accept a minimum wear of the product due exclusively to his test to make a decision on his final purchase without altering the conditions of the product at the time of delivery. In cases of excessive use of the good, such return will not be accepted. The return costs will be subtracted from the price of the product at the time of the return of the money. The return merchandise will travel at the customer's risk. We recommend that the return be made by transport company and that insurance be contracted for the value of the merchandise. To manage the return of a merchandise, please contact us at email@example.com. Jorge Castellano Sánchez will not be responsible for returns on products handled by the customer, or those goods that are returned incomplete in both its main elements and accessories. The right of withdrawal does not proceed outside the indicated period, nor on products subject to fluctuations of a market not controlled by Jorge Castellano Sánchez, nor on perishable objects, objects that can be easily reproduced with immediate character or that by their nature can not be returned. Nor shall the withdrawal on merchandise or orders that may be considered for their special characteristics as requested by the customer.
Professionals: Consumers and users who, without constituting themselves as final addressees, will not acquire, store, use or consume goods or services, in order to integrate them into production, transformation, marketing or third-party processes, will not be considered as such. benefit from the rights granted to consumers.
In cases of excessive use of the good, said return will not be accepted. A product that has been
used and / or manipulated loses market value, even if it is in perfect condition, so that its refund value can not be the initial purchase.
Value of the reimbursement to be applied according to the state of the product:
State of the returned product A-article = article not used
complete, seal intact, not used, without inscription, without stains, original box, not handled B-article = article used
complete, broken seal, opened, used, incomplete manipulation (missing complements), counters mark excessive use
Home cinema, HiFi, DVD 100% 50% up to 70%
TV, LCD, 100% Plasma 50% up to 70%
Accessories 100% 50% up to 70%
other products 100% 50% up to 70%
Electronic components we do not accept return do not accept return
Speakers, loudspeaker and electronics kits do not accept return we do not accept return
The return of the following products will not be possible at any time:
• All types of electronic components
• Kits for the construction of loudspeakers or electronics, such as amplifiers, preamplifiers or active filters.
• Non-assembled speakers sold for use in self-built enclosures by the buyer
• Products ordered specifically by the customer that are not in our product catalog.
Instructions for the shipment of products: The delivery of a possible return will not be directly managed at our facilities, but will be delivered to the carrier for shipment. We inform you that, in order to avoid any incidence, it is necessary that the smallest products are protected by an external packaging - as you have received it at your home - and thus avoid any type of damage or manipulation of the original packaging of the product during transport. For larger products (televisions, amplifiers, etc.) an external packaging is not essential protecting the original, however, it is important to make sure that the product is sent properly protected inside the original box with the protections destined for this end (corks, poliespán, bubble wrap, etc.) and avoiding any type of manipulation in it. For any doubt about the correct shipment of the products to Jorge Castellano Sánchez consult us.
IX.- OBLIGATIONS OF THE USER / CLIENT
Keep your personal codes with due diligence.
Use the information published by Jorge Castellano Sánchez exclusively by the client strictly within the intended personal commercial relationship.
Not reproduce, transfer or dispose of the information published by Jorge Castellano Sánchez in all its contents without express permission of the company itself.
Faithfully use the shopping service provided by Jorge Castellano Sánchez on its website, refraining from manipulating the contents of its web page, or interfering with its computer means through viruses or other conduct prohibited by law.
Respect the purchase agreement once the order is accepted, with the timely payment of the agreed price.
X.- RIGHTS OF Jorge Castellano Sánchez
Keep, modify or suspend your website without prior notice.
Modify the price of the offers.
Reject orders due to lack of stock or customer default.
Reject access to computer tools to clients in case of non-compliance with these conditions.
Perceive the amount of purchases made by the client after the transaction is accepted.
Reserving the domain and keep full ownership of the item until the full payment by the customer.
To reserve the right to carry out raffles of goods or services on its website.
XI.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
The rights relating to industrial and intellectual property (including but not limited to: trademarks, logos, texts, photographs, icons, images, as well as graphic design, source code and other software elements contained in the web page "alma- audio.com ") are the property of Jorge Castellano Sánchez or of the wholesale companies and manufacturers of the products and services offered. Therefore, they are subject to intellectual and industrial property rights and protected by Spanish and international legislation. Without the prior written authorization of Jorge Castellano Sánchez, or, where appropriate, the wholesale company or the manufacturer of the product holder of the rights, it is not allowed to use, copy, distribute, reproduce, transmit, manipulate, as well as Any use that exceeds normal and necessary use for the visit of the page and the use of the services offered.
Access to the services provided does not imply on the part of Jorge Castellano Sánchez. renunciation, transmission or total or partial transfer of the rights derived from intellectual and industrial property, nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or public communication on these contents without the prior and express authorization in writing of the respective owners of said rights, without prejudice to the right of viewing and obtaining a private copy of such content, provided that said right is exercised in accordance with the principles of good faith and provided that the intellectual and industrial property of the owner of such rights remains unchanged, It is used without commercial purposes and exclusively for the user's personal information. The responsibility derived from the use of materials protected by the intellectual and industrial property rights of third parties contained in this page in an unlawful manner or that transgresses morality, honor or privacy, will correspond exclusively to the user, exempting Jorge Castellano Sánchez in any case of any responsibility that derives from such behaviors.
XII.- EXEMPTION FROM LIABILITY.
Jorge Castellano Sánchez will not be held liable for any interruptions that occur in electrical or telecommunications services that prevent users from using the services offered.
XIII.- PROTECTION OF DATA OF PERSONAL CHARACTER. INFORMATION
The information received by Jorge Castellano Sánchez. Through its website, it will be treated with the utmost confidentiality. Jorge Castellano Sánchez will observe at all times the current provisions on data protection, in particular, the Organic Law 15/1999, of December 13, Protection of Personal Data, and will adopt the necessary measures for, in relation to said data , to avoid its alteration, loss, unauthorized treatment and access and for its employees to observe said prescriptions, as well as the duty of secrecy on the data object of the protection and other confidentiality obligations in force. Likewise, it undertakes not to use the personal data of the users of the page for different purposes unrelated to the purpose of contracting the services it provides. In accordance with the current legislation, Consuelo Vega Rodríguez. collects data of a personal nature of its clients and includes them in a file of which it is owner and whose treatment is exclusively intended for the purpose of managing the orders requested from the Company and responding to queries that users may make. The entity responsible for the files is Jorge Castellano Sánchez. The user must provide the data and personal circumstances necessary to register as a client of the Company and formalize contracts of sale (name and surname or company name, DNI / NIF, address, email address, phone number / fax) .
RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OPPOSITION
Jorge Castellano Sánchez entity receiving the data collected on this page, undertakes to respect and facilitate to those interested the exercise of the rights recognized by law and, in particular, the rights of access to data, rectification, cancellation of data and opposition, if relevant.
Such rights may be exercised by the user or, as the case may be, by the person representing them, by written and signed request, addressed to the following commercial address: Alma Audio, Huertas nº11 1ºC, 28220-Majadahonda or via email to info @ alma-audio.com.
SECURITY IN THE TREATMENT, COMPUTER PROCESS AND DATA CUSTODY
Jorge Castellano Sánchez declares and guarantees that it maintains security levels for the protection of personal data as provided by current legislation, and that it has established all technical means at its disposal to prevent loss, misuse, alteration, unauthorized access and theft of the data provided by users. All this without prejudice to the fact, that the user expressly accepts that security measures on the Internet have their limitations.