PURCHASE TERMS AND CONDITIONS
This document (in parallel to the documents mentioned therein) establishes the conditions regulating the use of this website and the purchase of products in it (hereafter referred to as "Conditions").
Please read carefully these Conditions before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions, so if you do not agree with all the Conditions, you should not use this website.
These Conditions may be modified. It is your responsibility to read them periodically, as the current conditions at the time of use of the website or execution of the Contract (as defined below) will be those applicable to you.
The Contract (as defined below) may be formalized at any time in any of the languages in which the Conditions are available on this website.
2. OUR DATA
This website runs under the name www.pianno39.com
- YOUR DATA AND YOUR VISITS TO THIS WEBSITE
3. USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
Use this web page only to make queries or place legally valid orders.
Do not place any false or fraudulent orders. In case we consider a fraudulent order has placed, we will be authorized to cancel it and inform the relevant authorities.
If you do not provide us all the data we need, we will not be able to place your order.
By placing an order through this website, you claim to be over 18 years of age and have the legal capacity to execute contracts.
4. CONTRACT EXECUTION
The information contained in these Conditions and details on this website do not constitute a sell offer, but an invitation to contract. There is no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and you have already have a charge in your account, the import will be fully refunded.
To place an order, follow the online purchase procedure and click on "Checkout". After this, you will recieve an acknowledging receipt of your order by email (“Order Confirmation”). Keep in mind that this does not mean that your order has been accepted, since the same is an offer that you make to us to buy one or more products. All orders are subject to our acceptance, of which you will be informed through an email confirming that the product is being shipped (the "Shipment Confirmation"). The contract for the purchase of a product between us (the "Contract") will be formalized only when we send you the Shipment Confirmation.
Only products detailed in the Shipment Confirmation will be subject to the Contract. We will not be forced to supply you with any other product that may have been ordered until you get the confirmation of the shipment of that products in the Shipment Confirmation.
5. PRODUCT AVAILABILITY
All orders are subject to products availability. In this sense, if there are difficulties in the supply of products or if there are no products in stock, we reserve the right to provide useful information about replacement products of the same or higher quality that you will be able to order. If you do not wish to place an order for these substitute products, we will reimburse you for any amounts you may have paid.
6. CANCELLATION OF AN ORDER PROCESSING
We reserve the right to remove any product from this site at any time and to modify any material or content thereof. Although we will do our best to always dispatch all orders, there may be exceptional circumstances that may make us refuse the processing of an order after you have sent the Shipment Confirmation, so we do not reserve the right to do so at any time, in our sole discretion.
We will not be liable to you or to any third party for removing any product from this website, regardless of whether that product has been sold or not, for removing or modifying any material or content on the website, or for cancelling an order processing once we have sent you the Order Confirmation.
Subject to Clause 6 above regarding the availability of the products and absent extraordinary circumstances, we will attempt to send the order of the related products in each Shipment Confirmation before the delivery date in the Shipment Confirmation in question or, if no delivery date is specified, within 30 days from the date of the Shipment Confirmation.
However, delays may occur for any of the following reasons:
• Products customization
• Specialized products
• Unforeseen circumstances o
• Delivery area
If for any reason we were unable to fulfill the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase with a new delivery date or to cancel the order with the full refund of the price paid. Please note that we do not deliver on Saturdays or Sundays.
For the purposes of these Conditions, it is understood that the "delivery" has occurred or the order has been "delivered" at the time of signing the receipt thereof at the agreed delivery address.
-IMPOSIBILITY OF DELIVERY
If after two attempts it is impossible to deliver your order, we will try to find a safe place to leave it. Also, we will leave a message telling you where your order is and how to pick it up. If you will not be at the delivery place at the agreed time, please contact us to arrange delivery on another day.
In the event that 30 days after your order is available for delivery, such order has not been delivered for reasons not imputed to us, we will asume that you wish to withdraw from the Contract and we will considered it resolved. As a consequence of the termination of the Contract, we will refund the price paid for the reference products as soon as posible and, in any case, within a maximum period of 30 days from the date we consider the Contract terminated. In these cases, we will be authorized to pass on the transportation costs for the shipment and the resolution of the Contract.
8. TRANSMISSION OF RISK AND PROPERTY OF PRODUCTS
The products will be at your risk from the time of delivery.
You will acquire ownership of the products when we receive full payment of all amounts owed in connection therewith, including shipping costs, or at the time of delivery, if this takes place at a later time.
9. PRICE AND PAYMENT
The price of each product will be that stipulated in each moment in our web page, except in cases of obvious error. Although we try to make sure that all prices listed on the page are correct, errors may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and we will give you the option to reconfirm your order at the correct price or cancel it. If we fail to contact you, the order will be considered cancelled and the amounts that you have paid will be fully refunded.
We will not be obligated to supply you with any product at the wrong lower price (even if we have sent the Shipment Confirmation) if the error in the price is obvious and unequivocal and it could have been reasonably recognized by you as an incorrect price.
Prices on the website include VAT, but exclude shipping costs, which will be added to the total amount as described in our Shipping Guide.
Prices may change at any time, but (except as stated above) any changes will not affect orders with respect to which we have already sent you an Order Confirmation.
Once you have made your purchases, all the products you want to buy will have been added to your shopping cart and the next step will be to process the order and make the payment.
The payment shall be made after the online registration in our website.
The client can choose between the following methods of payment:
10. VALUE ADDED TAX
In accordance with article 68 of the Spanish Law 37/1992 of December 28th, regarding Value Added Tax, the delivery of the products would be considered located in the territory of application of Spanish VAT if the shipping leaves from Spanish territory and if the delivery address is in territory of other Member State of the European Union. The applicable VAT will be the legally valid at any time depending on the product in question.
11. RETURN POLICY
Legal right to give up the purchase
In accordance with the applicable regulations, if you are contracting as a consumer, you may withdraw from the Contract (except where the object of it is any of the products for which the right to withdraw from the Common Provisions is excluded) at any time within 14 calendar days from the date of delivery of your order.
In this case, you will be reimbursed the price paid for such products. You will be responsible for the direct costs of returning the product.
You can prove the exercise of the right of withdrawal in any form admitted in law, considering in any case said right validly exercised by sending the withdrawal document we provide or by returning the products.
This does not affect other rights recognized to the consumer by the current legislation.
The conditions applicable to the returns are included in the "returns" section of this web page, to which we refer.
You shall not have the right to withdraw from the Contract when you purchase any of the following products:
• Customized products
• For reasons of hygiene, stockings, socks, earrings, diadems and other hair adornments (hairpins, rubber bands, pony tail retainers ...) and articles integrated in the "lingerie" section.
Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same conditions in which they were received and which contain all the seals and labels with which they were delivered. Please return the product using or including its original packaging. It should also include all instructions, documents and packaging of the products. No refund will be made if the product has been used beyond its mere opening or if it has suffered any damage, so be careful with the products while in your possession.
12. LIABILITY AND EXEMPTION FROM LIABILITY
Except as expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
However, our liability is not excluded or limited in the following cases:
• In case of death or personal injury caused by our negligence
• In case of fraud or fraudulent falsehood, or
• In any matter in which it is illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the foregoing and permitted by law, except otherwise indicated in this Conditions, we will not accept any liability for the following losses, regardless of their origin:
• Loss of income or sales
• Loss of business
• Loss of profits or loss of contracts
• Loss of anticipated savings
• Loss of data
• Loss of management time or office hours
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless the opposite in it is expressly established.
All descriptions of products, information and materials on this website are provided as a legal document and without any express or implied warranties about them.
To the extent permitted by law, we exclude all guarantees, leaving those that can not be legitimately excluded from consumers and users.
The provisions of this section shall not affect your legal rights as a consumer and user, or your right to withdraw from the Contract.
13. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual property rights in the materials or contents that are contributed as part of the website correspond always to us or to those who granted us license to use. You may use such materials only in the manner expressly authorized by us or licensed to us. This will not prevent you from using this website to the extent necessary to copy the information about your order or contact information.
14. WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that we send you are in writing. By using this website, you agree that most of the communications with us are electronic. We will contact with you by email or we will provide information by hanging notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that any contract, notification, information and other communications that we send you electronically comply with the legal requirements to be in writing. This condition will not affect your rights recognized by law.
The notifications that you send us should preferably be sent through our contact form. For our part, we can send you communications either to the e-mail or to the postal address provided by you at the time of placing an order.
It will be understood that notifications have been received and have been correctly made in the moment they are posted on our website, 24 hours after an email has been sent, or three days after the posting date of any letter. In order to verify the receipt of the notification, it will suffice to check, in the case of a letter, that it had the correct address, was properly sealed and that it was properly delivered in a post office or in a mailbox and, in the case of an email, that it was sent to the correct email address specified by the recipient.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding for both you and us, as well as for our respective successors, assigns and assignees.
You may not transfer, assign, encumber or otherwise transfer a Contract or any rights or obligations arising therefrom in your favor or to you, without obtaining our prior written consent.
We may transfer, assign, tax, subcontract or otherwise transfer a Contract or any rights or obligations arising therefrom in our favor or for us, at any time during the term of the Contract. For the avoidance of doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that you have as a consumer as recognized by law or will cancel, reduce or otherwise limit the express or implied warranties that we could have granted you.
17. EVENTS OUTSIDE OUR CONTROL
We will not be liable for any breach or delay in fulfilling of any of the obligations we assume under a Contract, the cause of which is due to events beyond our reasonable control (Force Majeure).
Force Majeure reasons shall include any act, event, offence, omission or accident that is beyond our reasonable control and shall include the following (without limitation):
• Strikes, lockouts or other rescindable actions.
• Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or war threat or preparations.
• Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
• Impossibility of using trains, ships, airplanes, motor transports or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions by any government or public authority.
• Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport.
It will be understood that our obligations arising from the Contracts will be suspended during the period in which the events of Force Majeure continues, and we will have an extension in the term to fulfill those obligations for a period of time equal to the duration of the Force Majeure. We will use all reasonable means to terminate the Cause of Force Majeure or to find a solution that enables us to fulfill our obligations under the Contract despite the events of Force Majeure.
Failure by us to require the fulfillment of strict any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us by virtue of aforementioned Agreement or Conditions, shall not give rise to any resignation or limitation in relation to those rights or actions nor will it exempt from complying with such obligations.
No resignation by us of a specific right or action will result in a resignation of other rights or actions derived from the Contract or the Conditions.
No resignation by us of any of these Conditions or the rights or actions derived from the Contract will take effect, unless it is expressly stated that it is a resignation and is formalized and communicated in writing in accordance with the provisions of section “Notifications” above.
19. PARTIAL NULITY
If any of these Conditions or any provision of a Contract were declared null and void by a final decision by a competent authority, the remaining terms and conditions shall remain in force, without being affected by said declaration of nullity.
20. FULL AGREEMENT
These Conditions and any document expressly referred to herein constitute the entire agreement between you and us in relation to the purpose thereof and supersede any other arrangement, agreement or promise entered into between you and us verbally or written.
You and we acknowledge that you have consented to the execution of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two prior to such Contract, except for that which is expressly mentioned in these Conditions.
You or we will not act against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such statement was made uncertain fraudulently) and the only action available to the another part will be for breach of contract in accordance with the provisions of these Conditions.
21. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
22. APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the products purchased through this website will be regulated by Spanish law.
Any controversy that arises or relates to the use of the website or with such contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause affects the rights that you are recognized by current legislation.
23. COMMENTS AND SUGGESTIONS
Your comments and suggestions will be welcomed. Please send us such comments and suggestions through our contact form.