Purchase Conditions

CONDITIONS OF PURCHASE

1.INTRODUCTION

This document (together with the documents referred to herein) sets out the terms and conditions governing the use of this website and the purchase of products on this website (the "Terms").

Please read these Terms carefully before using this website. By using this website or placing an order through this website, you agree to be bound by these Terms and Conditions and if you do not agree to all of the Terms and Conditions, you must not use this website.

These Terms and Conditions are subject to change. It is your responsibility to read them periodically, as the conditions in force at the time you use the website or enter into the Contract (as defined below) will be the ones applicable to you.

The Contract (as defined below) may be concluded, at your option, in any of the languages in which the Conditions are available on this website.

2.OUR DATA

This website is operated under the name of www.https://pianno39.com/gb/

-YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The personal information or data that you provide about yourself will be processed in accordance with the provisions of thePrivacy Policy. By using this website you consent to the processing of such information and data and declare that all information or data you provide is true and accurate.

3.USE OF OUR WEBSITE

By using this website and placing orders through this website you agree to:

Use this website only for legally valid enquiries or orders.

Do not place any false or fraudulent orders. If we reasonably believe that such an order has been placed, we shall be entitled to cancel it and inform the relevant authorities.

Provide us with your email address, postal address and/or other contact details truthfully and accurately. You also consent that we may use such information to contact you if necessary (see ourPrivacy Policy)

If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into a contract.

4.SERVICE AVAILABILITY

The items offered on this website are only available for delivery to Spain.

5.CONCLUSION OF THE CONTRACT

The information contained in these Terms and Conditions and the details contained on this website do not constitute an offer to sell, but an invitation to contract. No contract will exist 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 your account has already been debited, you will be refunded in full.

To place an order, you must follow the online ordering procedure and click on "Process Order". You will then receive an e-mail acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes an offer by you to us to purchase one or more products. All orders are subject to acceptance by us, of which you will be informed via an email from us confirming that the product is being shipped to you (the "Shipping Confirmation"). The contract for the purchase of a product between us (the "Contract") will only be formed when we send you the Dispatch Confirmation.

The Contract shall only cover those products listed in the Shipping Confirmation.We shall not be obliged to supply you with any other products that may have been ordered until we confirm the dispatch of such products to you in a Dispatch Confirmation.

6.AVAILABILITY OF PRODUCTS

All product orders are subject to availability. In this regard, if there are difficulties in the supply of products or if items are out of stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value which you may order. If you do not wish to order such substitute products, we will refund any amount you may have paid.

7.REFUSAL TO PROCESS AN ORDER

We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on this website. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after the Order Confirmation has been sent, and we reserve the right to do so at any time, at our sole discretion.

We shall not be liable to you or to any third party for removing any product from this website, whether or not such product has been sold, for removing or modifying any material or content on the website, or for refusing to process an order once we have sent you an Order Confirmation.

8.DELIVERY

Without prejudice to Clause 6 above regarding the availability of the products and unless extraordinary circumstances occur, we will endeavour to dispatch the order consisting of the product(s) listed on each Shipping Confirmation before the delivery date stated on the relevant Shipping Confirmation or, if no delivery date is specified, within30 days from the date of Confirmation of Dispatch.

However, delays may occur for any of the following reasons:

  • personalisation of products;
  • specialised articles;
  • unforeseen circumstances; or
  • delivery zone

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to go ahead with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. Please note that we do not deliver on Saturdays or Sundays.

For the purposes of these Conditions, "delivery" or the order shall be deemed to have taken place or to have been "delivered" at the time of signing for receipt of the same at the agreed delivery address.

-FAILURE TO DELIVER

If after two attempts we are unable to deliver your order, we will try to find a safe place to leave it. We will also leave you a note telling you where your order is and how to collect it. If you will not be at the delivery location 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, the order has not been delivered for reasons not attributable to us, we will understand that you want towithdraw from the Contract and we shall consider it terminated. As a consequence of the termination of the Contract, we will refund to you the price paid for such products as soon as possible and in any event withinno later than 30 days from the date on which we consider the Contract to have been terminated. In such cases, we shall be entitled to charge you for the transport costs arising from the shipment and the termination of the Contract.

9.TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

The risks of the products shall be borne by you from the time of delivery.

You will acquire ownership of the goods when we receive full payment of all amounts due in respect of the goods, including delivery charges, or at the time of delivery, whichever is the later.

10.PRICE AND PAYMENT

The price of each product will be the price stated on our website at any given time, except in the case of obvious error. Although we try to ensure that all prices shown on the site are correct, errors may occur.If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and any monies paid will be refunded in full.

We shall not be obliged to supply you with any product at the incorrect lower price(even if we have sent you the Dispatch Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as an incorrect price.

The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount.

Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Once you have made your purchases, all the items you wish to buy will have been added to your basket and the next step is to process the order and make payment.

-Free shipping on purchases over 35€.

-Shipping costs of €3.99 for purchases of €35 or less. IF THE ORDER IS MORE THAN 35€ THE DELIVERY IS FREE OF CHARGEFor Spain and Portugal (except Balearic Islands)

- Shipping costs of 5,00€ for purchases equal to or less than 50€ for Balearic Islands

- Shipping costs for Italy and France are 10€ if the order is less than 90€. If you order more than 90€ the shipping is free.

-Shipping costs forGermany, the Netherlands, Austria, Belgium, Romania, Sweden, the Netherlands, Greece, Poland and Luxembourg: 12€

-Shipping costs for the USA,Andorra, Brazil, Finland, Iceland, Gibraltar, Israel, Morocco and Turkey:is 30€.

-The shipping costs for Mexico, Algeria, Canada, Hungary are 35€.

- Shipping costs for Australia, Chile, Colombia, New Zealand are 45€

If your order is destined for a country outside the European Union, it may be subject to tariffs, taxes or other charges due to local or customs laws.

The buyer shall bear all customs charges associated with the importation of the product.

For customs reasons, the order may also be delayed.

11.VALUE ADDED TAX

In accordance with the provisions of article 68 of Law 37/1992 of 28 December 1992 on Value Added Tax, the supply of the articles shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.

12.EXCHANGE/RETURN POLICY

Legal right to withdraw from the purchase

Subject to the applicable law, if you are contracting as a consumer, you may withdraw from the Contract (except where the subject matter of the Contract is any of the products in respect of which the right of withdrawal is excluded in the Common Provisions) at any time within the period from the date you enter into the Contractwithin 30 calendar days from the date of delivery of your order.

In this case, you will be refunded the price paid for such products. Returns are free of charge throughout Spain (except Balearic Islands)

You may prove that you have exercised your right of withdrawal by any means permitted by law, and in any case this right will be considered to have been validly exercised by sending the withdrawal document that we provide you with or by returning the products.

This provision does not affect other consumer rights under existing legislation.

The conditions applicable to exchanges and returns are set out in the "exchanges and returns" section of this website, to which we refer.

Common provisions

You shall not be entitled to withdraw from the Contract the subject matter of which is the supply of any of the following products:

  • Personalised items
  • For reasons of hygiene, stockings, socks, earrings, tiaras and other hair ornaments (hairpins, rubber bands, scrunchies...) and articles included in the "lingerie" section.

Your right to withdraw from the Contract shall only apply to products that are returned in the same condition in which you received them and that contain all the seals and labels with which they were delivered to you. Please return the item in or including its original packaging. You must also include all instructions, documents and product packaging. No refund will be given if the product has been used beyond the mere opening of the product or if it has been damaged in any way, so please be careful with the products while they are in your possession.

13.LIABILITY AND EXEMPTION FROM LIABILITY

Except as otherwise expressly provided in these Terms, our liability in respect of any product purchased from our website shall be strictly limited to the purchase price of such product.

Notwithstanding the foregoing, our liability is neither excluded nor limited in the following cases:

  • In the event of death or personal injury caused by our negligence;
  • In case of fraud or fraudulent misrepresentation; or
  • In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.

Without prejudice to the preceding paragraph and to the extent permitted by law, and except as otherwise provided in these Conditions, we accept no liability for the following losses, regardless of their origin:

  • loss of income or sales;
  • loss of business;
  • loss of profit or loss of contracts;
  • loss of expected savings;
  • loss of data; and
  • 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 information transmitted or obtained through this website unless otherwise expressly stated on this website.

All product descriptions, information and materials contained in this website are provided as a matter of fact and without express or implied warranties of any kind.

To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded vis-à-vis consumers and users.

The provisions of this clause shall not affect your statutory rights as a consumer and user, nor your right to withdraw from the Contract.

14.INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other intellectual property rights in any material or content provided as part of the website shall remain at all times vested in us or our licensors. You may use such material only as expressly authorised by us or our licensors. This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.

Cookies:By accepting this privacy policy you consent to the use of cookies used on this website, as they are an essential part of the way our website works. The main purposes of our cookies are to improve your browsing experience. For example, cookies help us to identify you (if you are registered on our website), to remember your preferences during your browsing and on future visits, to manage your shopping basket, to enable you to carry out purchases, ect.

15.WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with any legal requirement that they be in writing. This condition will not affect your statutory rights.

16.NOTIFICATIONS

The notifications you send us should preferably be sent via our contact form. For our part, we may send communications to you either by e-mail or to the postal address provided by you when placing an order.

Notifications shall be deemed to have been received and to have been properly made at the same time as they are posted on our website, 24 hours after an e-mail has been sent, or three days after the date of posting of any letter. To prove that notice has been given, it shall be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and properly delivered to a post office or letter box and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.

17.TRANSFER OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both you and us and our respective successors, assigns and successors in title.

You may not convey, assign, encumber or otherwise transfer a Contract or any of the rights or obligations under it to or for you without our prior written consent.

We may transfer, assign, charge, encumber, sub-contract or otherwise transfer a Contract or any of our rights or obligations under it to or for us at any time during the term of the Contract. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers will not affect any statutory rights you may have as a consumer or void, reduce or otherwise limit any express or implied warranties we may have given to you.

18.EVENTS BEYOND OUR CONTROL

We shall not be liable for any failure or delay in the performance of any of our obligations under a Contract which is caused by events beyond our reasonable control ("Force Majeure").

Force Majeure shall include any act, event, default, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.
  • Strike, failure or accidents in maritime or inland waterway transport, postal or any other type of transport.

Our obligations under the Contracts shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations under the Contract despite the Force Majeure Event.

19.RESIGNATION

Our failure to require your strict performance of any of your obligations under a Contract or these Conditions or our failure to exercise any rights or remedies to which we may be entitled under such Contract or these Conditions shall not constitute a waiver or limitation of such rights or remedies or relieve you of any such obligations.

No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under the Contract or the Conditions.

No waiver by us of any of these Terms or of any rights or remedies under the Contract shall be effective unless it is expressly stated to be a waiver and is given and communicated to you in writing in accordance with the Notice section above.

20.PARTIAL NULLITY

If any of these Conditions or any provision of a Contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force and shall not be affected by such declaration of nullity.

21.FULL AGREEMENT

These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior agreements, understandings or promises made between you and us orally or in writing.

You and we acknowledge that we have consented to the conclusion of the Contract without having relied on any representation or promise made by the other party or which could be inferred from any statement or writing in the negotiations between us prior to the Contract, except as expressly referred to in these Conditions.

Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.

22.OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to revise and amend these Terms at any time.

You will be subject to the policies and Conditions in effect at the time you use this website or place each order, unless we are required by law or governmental action to make retroactive changes to such policies, Conditions or Privacy Policy, in which case any such changes will also affect orders you have previously placed

23.APPLICABLE LAW AND JURISDICTION

The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.

Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause affects your rights as a consumer under current legislation.

24.COMMENTS AND SUGGESTIONS

We welcome your comments and suggestions. Please send us your comments and suggestions via ourcontact form.